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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 Medicines Act 1989:
(a)
as a consequence of the enactment of the Agricultural and Veterinary
Chemicals (New South Wales) Act 1994, which applies the Agvet Code
as a law of this State, and
(b)
to place certain limitations on the exemptions specified in the Act to
the offence of having possession of an unregistered stock medicine, of
using a registered stock medicine in a manner that is contrary to the
instructions on the package and of selling stock medicines in certain
circumstances, and
(c)
to change the offence of using a stock medicine labelled "Not for use
in food producing animals" on food producing stock to the offence of
using, on food producing stock, a registered stock medicine labelled
so as to indicate in whatever terms, that it is not to be so used, and
(d) to impose certain requirements as to the giving of written instructions
by veterinary surgeons who prescribe, supply or authorise the supply
of certain stock medicines, and
(e) to require an owner of stock of a food producing species that has been
treated with a stock medicine to inform any person who is going to
sell the stock for the owner when any relevant withholding period will
expire, and
(f) to make it an offence for a person to sell stock of a food producing
species which has been treated with a stock medicine unless the
person first informs the buyer when any relevant withholding period
will expire, and
(g) to change the periods for which property seized under the Act can be
held, and
(h) to make other minor and consequential amendments.
Clause 2 provides that the proposed Act will commence on a day or days
to be appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedule of
amendments to the Stock Medicines Act 1989.
Schedule 1 Amendments
Amendments relating to the Agvet legislation
Schedule 1 (1) inserts definitions of supply and sell that are consistent with
the Agvet Code. Schedule 1 (2) contains a consequential amendment.
Schedule 1 (3) enables a veterinary surgeon or a person acting under the
instructions of a veterinary surgeon to do an act or omit to do an act that
would otherwise be an offence under Part 4 of the Agvet Code (dealing with
the control of agricultural and veterinary chemicals) if that act or omission
would have constituted an offence under the Stock Medicines Act 1989 from
which the veterinary surgeon or person is exempted by that Act. The new
provision does not exempt a person from the requirements of any other law.
Explanatory note page 2
Offences relating to use, prescription or supply of stock
medicines
Section 37 prohibits a person having possession of an unregistered stock
medicine, except in certain circumstances. Schedule 1 (4) and (5) limit
those exceptions to unregistered stock medicines that are not for use on
stock of a food producing species.
Section 38 (2) prohibits a person using an unregistered stock medicine on
stock that is not of a food producing species except if it was prescribed or
supplied by a veterinary surgeon in certain circumstances. Schedule 1 (6)
and (7) provide that the exception only relates to stock medicines that are
registered human pharmaceuticals or have been compounded by the
veterinary surgeon who prescribes or supplies them. Schedule l (1) includes
a definition of registered human pharmaceutical.
Section 39 (1) prohibits a person using a registered stock medicine labelled
"Not for use in food producing animals'' on stock of a food producing
species, except in certain circumstances. Schedule 1 (8) changes that
offence to using, on stock of a food producing species, a registered stock
medicine labelled so as to indicate, in whatever terms, that it is not for use
on stock that produces or is to be used as food for human consumption.
Section 39 (2) prohibits a person using a registered stock medicine in a
manner that is contrary to the instructions on the package, except in certain
circumstances. One of those circumstances is if the stock medicine is used in
accordance with written instructions given by a veterinary surgeon.
Schedule 1 (9) requires those written instructions to be given under
section 40 (2) which lists the matters that must be included in the
instructions.
Section 40 prohibits a veterinary surgeon prescribing, supplying or
authorising the supply of an unregistered stock medicine, or a registered
stock medicine for use in a manner contrary to the instructions on the
package, unless the veterinary surgeon gives certain written instructions to
the person for whom it is prescribed or the supplier. Schedule 1 (11)
requires those written instructions to be given each time a veterinary surgeon
prescribes, supplies or authorises the supply of a stock medicine in those
circumstances. Schedule 1 (12) requires a veterinary surgeon to supply
those written instructions both to the person for whom the stock medicine is
prescribed and to the supplier. Schedule 1 (12) also requires additional
information to be included in those instructions. Schedule 1 (13) imposes
an additional requirement that the prescription, supply or authorisation to
Explanatory note page 3
supply given by a veterinary surgeon in those circumstances must be done in
the course of the veterinary surgeon's profession and for the purpose of
dealing with a particular condition of an animal or animals under the
veterinary surgeon's care. Schedule 1 (13) also prevents a veterinary
surgeon from prescribing, supplying or authorising for supply in any
circumstances an unregistered stock medicine if it is for use on an animal of
a food producing species. Schedule 1 (10) contains a consequential
amendment.
Withholding periods
Schedule l (14) requires an owner of food producing stock to inform a
person who is going to sell the stock as to whether the stock has been treated
with a stock medicine and, if so, when any relevant withholding period
specified by the veterinary surgeon who prescribed the stock medicine or on
the label for the stock medicine will expire.
Schedule 1 (14) also makes it an offence for a person to sell stock of a food
producing species that has been treated with a stock medicine unless the
person has informed the buyer of any relevant withholding period specified
by the veterinary surgeon who prescribed the stock medicine or on the label
for the stock medicine.
There is a defence to the offences created by Schedule 1 (14) of not
knowing or having reasonable grounds for suspecting that the stock had
been treated with a stock medicine and that the relevant withholding period
had not expired.
Schedule 1 (1) defines withholding period as the minimum period which
should elapse between the last administration of a stock medicine and the
slaughter for human consumption of an animal to which it has been
administered or the harvesting of wool, fibre, milk or eggs or the release of
honey for human consumption from an animal to which the stock medicine
has been administered.
Retention and disposal of seized prope
Schedule 1 (15) changes from 6 months to 12 months the time for which
something seized under the Act may be retained. A Local Court has power
to grant an extension of that time on application made by or on behalf of the
Minister and may order the return of the thing seized on application by the
person from whom it was seized or the owner.
Explanatory note page 4
Savings and transitional provisions
Schedule 1 (17) enables regulations to be made of a savings and transitional
nature consequent on the enactment of the proposed Act. Schedule 1 (18)
provides that the amendments relating to retention and forfeiture of seized
property do not apply to property seized before the commencement of the
amendments.
Explanatory note page 5