Stock Diseases Amendment (False
Information) Bill 2004

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Stock Diseases Act 1923:

(a) to create a new offence of giving false or misleading information in
relation to certain matters in or in connection with an arrangement or
agreement or proposed arrangement or agreement for the agistment of
stock or the use of land for grazing of stock, and

(b) to increase the maximum penalty for an existing offence under that Act of
giving false or misleading information in relation to certain matters in
connection with the sale or disposition or proposed sale or disposition of
stock.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Stock
Diseases Act 1923 set out in Schedule 1.

Schedule 1 Amendments
Section 20J (2) of the Stock Diseases Act 1923 (the Principal Act) makes it an
offence for a person, in connection with a sale or disposition or proposed sale or
disposition of stock, to make a statement or provide information in relation to
certain matters (concerning the presence or absence of infection in stock,
carcasses or land, any matter relevant to an assessment of the likelihood of
exposure of stock to infection, or any other matter prescribed by the regulations)
that is false or misleading in a material particular.

Schedule 1 [1] amends section 20J (2) to increase the maximum penalty for the
offence from 100 penalty units (currently $11,000) to 200 penalty units
(currently $22,000).

Schedule 1 [2] inserts new section 20J (2A) into the Principal Act which creates
an offence in terms similar to section 20J (2) of making a false or misleading
statement or giving false or misleading information in relation to the matters
referred to above in or in connection with an arrangement or agreement or
proposed arrangement or agreement for the agistment of stock or the use of land
for grazing of stock. The maximum penalty for the offence is 200 penalty units.

(Section 20J (3) of the Principal Act provides a defence to offences against
section 20J, in relation to making a false statement or providing false
information, if the defendant reasonably believed that the statement or
information was true or, in relation to making a misleading statement or
providing misleading information, if the defendant had no intention, in making
the statement or providing the information, to mislead.)

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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