New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Amendment Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
There are, however, ways in which stock can be affected by treatment with or
exposure to chemical substances, even though no chemical residue can be
detected (for example, by hormone treatment). Also, there are some residues
that diminish the sale value of the stock even though they are not rendered
unfit for human consumption. This Bill aims, therefore, to broaden the scope
of the Act in two ways. Firstly, control measures under the principal Act are
Amended in committee--see table at end of volume.
to be made available in relation to stock that may be classified as chemically
affected whether or not a residue exists or is detectable. At the same time, the
basis on which the effect of chemicals on stock is taken to require action will
be broadened to include cases where the stock are a danger to other animals
or the environment and cases where their condition is prejudicial to trade.
The Bill provides for other measures in furtherance of its general objects and
makes other amendments of a minor character. These are explained in detail
later in this note.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be proclaimed.
Clause 3 is a formal provision giving effect to the amendments to the Stock
(Chemical Residues) Act 1975 set out in Schedule 1.
Schedule 1
Amendments
Chemically affected stock
Schedule 1 [S] repeals and substitutes section 4 of the principal Act. Under
the new section:
· chemical residues will be prescribed by order of the Minister and
regard will be had, in formulating such prescriptions, to the wider class
of harmful effects discussed above, namely, the effects on animal and
human health, the effects on the environment and the effects on trade
in the stock concerned.
· stock medicines and other chemical treatments used on stock that are
believed to be harmful to trade will continue to be prescribed by order
of the Minister as is done presently under section 12A of the principal
Act (which the proposed section replaces), but the Minister will also be
able to prescribe substances that are neither stock medicines nor
treatments. In some cases the substance may simply be one to which
the stock have been exposed.
Provision is also made in the new section for adoption of Commonwealth or
other standards for residue concentration limits.
Schedule 1 [1] and [2] amend the long title of the principal Act as a
consequence of the enactment of the new section 4.
Schedule 1 [3], [4], [6], [7] and [15] are also consequential.
Explanatory note page 2
Records that must be produced to an inspector on demand
Schedule 1 [3] amends the definition section of the principal Act so as to
provide a definition of record that includes any book, account or other
information that is electronically or otherwise stored.
Exercise by officers of powers of detention of stock
The effect of Schedule 1 [8], [9]-[12], [17] and [18] is to amend several
provisions of the principal Act so as to avoid the need to make regulations in
order to authorise officers of the Department of Agriculture to perform
functions under section 7, 8 or 9 of the principal Act.
Requirements on importation of stock
Schedule 1 [13] enacts a new section 9A which allows regulations under the
principal Act to prescribe requirements in relation to the movement of stock.
Reporting of results of tests carried out on stock
Schedule 1 [16] enacts a new section 12C which requires laboratory test
results to be submitted to the Minister when the test confirms that stock are
chemically affected and allows the Minister to call for other results to be
produced.
False information in Connection with the principal Act or the
sale of stock
Schedule 1 [16] enacts a new section 12D which prohibits the giving of false
information by any person:
·
in connection with an application or otherwise under the principal Act,
or
*
in the course of or in connection with the sale or disposition of any
stock.
Immunity from suit for persons giving advice
Schedule 1 [16] enacts a new section 12E which protects the Minister and
any person concerned in the administration of the principal Act from liability
in respect of information given by them about stock that are or may be
chemically affected. It also affords a similar protection to the owners of
laboratories and other persons in connection with information supplied from
a laboratory or other facility about whether stock are chemically affected.
Savings and transitional provisions
Schedule 1 [19] effects certain savings and transitional provisions as a
consequence of the enactment of the proposed Act.
Explanatory note page 3