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Queensland
Protecting Primary Production
Amendment Bill 2011
Queensland
Protecting Primary Production
Amendment Bill 2011
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Agricultural Chemicals Distribution Control
Act 1966
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Omission of ss 810B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 12 (Pilot chemical rating licence) . . . . . . . . . . . 6
6 Amendment of s 15 (Aerial distribution contractor licence) . . . . . 7
7 Amendment of s 16 (Commercial operators' licence) . . . . . . . . . 7
8 Amendment of s 16B (Ground distribution contractor licence) . . . 7
9 Amendment of s 17 (Application for licences) . . . . . . . . . . . . . . . 7
10 Amendment of s 18 (Term of licence). . . . . . . . . . . . . . . . . . . . . . 7
11 Amendment of s 19 (Renewal of licence). . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 19B (Notice of change in circumstances) . . . . . 8
13 Amendment of s 20 (Suspension of licence by standards officer) 8
14 Replacement of s 21 (Cancellation or suspension of licence) . . . 8
21 Grounds for suspension or cancellation of licence by
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
21A Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
21B Representations about show cause notice. . . . . . . . . 9
21C Ending show cause process without further action . . 10
21D Suspension or cancellation of licence . . . . . . . . . . . . 10
15 Amendment of s 22 (Right of review by QCAT) . . . . . . . . . . . . . . 11
16 Amendment of s 31 (Effect of failure to give notice) . . . . . . . . . . . 11
17 Amendment of s 32 (Powers of inspection in case of damage to
crops etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Protecting Primary Production Amendment Bill 2011
Contents
18 Amendment of s 33 (Board to make statement on damage) . . . . 12
19 Amendment of s 44A (Protection from liability) . . . . . . . . . . . . . . 13
20 Amendment of s 45 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 13
Part 3 Amendment of Agricultural Standards Act 1994
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Amendment of s 20 (Entry to places) . . . . . . . . . . . . . . . . . . . . . . 14
24 Amendment of s 24 (Entry to vehicles) . . . . . . . . . . . . . . . . . . . . 14
Part 4 Amendment of Land Protection (Pest and Stock Route
Management) Act 2002
25 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Amendment of ch 2, pt 2 hdg (State pest management
strategies and guidelines for managing pests) . . . . . . . . . . . . . . . 15
27 Amendment of ch 2, pt 2, div 1 hdg (State pest management
strategies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Amendment of s 10 (State pest management strategies) . . . . . . 16
29 Amendment of s 11 (Preparing strategies). . . . . . . . . . . . . . . . . . 16
30 Amendment of s 12 (Duration of strategies). . . . . . . . . . . . . . . . . 17
31 Amendment of s 13 (Implementing strategies). . . . . . . . . . . . . . . 17
32 Amendment of s 14 (Reviewing and renewing strategies) . . . . . . 17
33 Amendment of ch 2, pt 2, div 3 hdg (Inspecting strategies and
guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
34 Amendment of s 16 (Strategies and guidelines to be available
for inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
35 Amendment of s 18 (Requirements of plan). . . . . . . . . . . . . . . . . 18
36 Amendment of s 26 (Requirements of plan). . . . . . . . . . . . . . . . . 18
37 Amendment of s 27 (Preparing draft plan) . . . . . . . . . . . . . . . . . . 19
Part 5 Amendment of Plant Protection Act 1989
38 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
39 Amendment of s 12 (Notification of pests) . . . . . . . . . . . . . . . . . . 19
Part 6 Amendment of Rural and Regional Adjustment Act 1994
40 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
41 Amendment of s 3 (Object of Act) . . . . . . . . . . . . . . . . . . . . . . . . 20
42 Amendment of s 8 (Authority's functions) . . . . . . . . . . . . . . . . . . . 20
43 Amendment of s 11A (Authorisation for interstate schemes) . . . . 20
44 Amendment of s 35 (Acting chief executive officer) . . . . . . . . . . . 21
45 Insertion of new s 35B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Page 2
Protecting Primary Production Amendment Bill 2011
Contents
35B Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
46 Amendment of s 45 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . 21
Part 7 Amendment of Veterinary Surgeons Act 1936
47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
48 Amendment of s 4C (Membership) . . . . . . . . . . . . . . . . . . . . . . . 22
49 Amendment of s 4D (Chairperson and deputy chairperson) . . . . 22
50 Amendment of s 8 (Board to hold triennial election) . . . . . . . . . . 22
51 Amendment of s 16 (Keeping registers) . . . . . . . . . . . . . . . . . . . . 23
52 Amendment of s 17 (Annual fee) . . . . . . . . . . . . . . . . . . . . . . . . . 23
53 Amendment of s 18 (Registration of veterinary surgeons) . . . . . . 23
54 Insertion of new s 18B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
18B Deemed registration as veterinary surgeon . . . . . . . . 24
55 Amendment of s 19 (Application for registration) . . . . . . . . . . . . . 24
56 Amendment of s 19B (Registration for limited period) . . . . . . . . . 25
57 Insertion of new s 19CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19CA Deemed registration of veterinary specialists. . . . . . . 25
58 Insertion of new s 22FA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
22FA Board to notify registration authority of disciplinary
action .................................. 26
59 Insertion of new ss 26 and 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Notice about change in contact information . . . . . . . . 26
27 Veterinary surgeon to provide emergency contact
details ................................. 27
60 Insertion of new s 29C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29C Registrar must give emergency contact details to
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
61 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 28
Page 3
2011
A Bill
for
An Act to amend the Agricultural Chemicals Distribution
Control Act 1966, the Agricultural Standards Act 1994, the Land
Protection (Pest and Stock Route Management) Act 2002, the
Plant Protection Act 1989, the Rural and Regional Adjustment
Act 1994 and theVeterinary Surgeons Act 1936, for particular
purposes.
Protecting Primary Production Amendment Bill 2011
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Protecting Primary Production 4
Amendment Act 2011. 5
Clause 2 Commencement 6
Part 2 commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Agricultural 8
Chemicals Distribution Control 9
Act 1966 10
Clause 3 Act amended 11
This part amends the Agricultural Chemicals Distribution 12
Control Act 1966. 13
Clause 4 Omission of ss 810B 14
Sections 8 to 10B-- 15
omit. 16
Clause 5 Amendment of s 12 (Pilot chemical rating licence) 17
Section 12(1), from `Act' to `grant'-- 18
Page 6
Protecting Primary Production Amendment Bill 2011
Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966
[s 6]
omit, insert-- 1
`Act, the chief executive may grant'. 2
Clause 6 Amendment of s 15 (Aerial distribution contractor 3
licence) 4
Section 15(1), from `Act' to `grant'-- 5
omit, insert-- 6
`Act, the chief executive may grant'. 7
Clause 7 Amendment of s 16 (Commercial operators' licence) 8
Section 16(1), from `Act' to `grant'-- 9
omit, insert-- 10
`Act, the chief executive may grant'. 11
Clause 8 Amendment of s 16B (Ground distribution contractor 12
licence) 13
Section 16B, `board'-- 14
omit, insert-- 15
`chief executive'. 16
Clause 9 Amendment of s 17 (Application for licences) 17
Section 17, `board'-- 18
omit, insert-- 19
`chief executive'. 20
Clause 10 Amendment of s 18 (Term of licence) 21
Section 18(2), `board'-- 22
omit, insert-- 23
`chief executive'. 24
Page 7
Protecting Primary Production Amendment Bill 2011
Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966
[s 11]
Clause 11 Amendment of s 19 (Renewal of licence) 1
Section 19, `board'-- 2
omit, insert-- 3
`chief executive'. 4
Clause 12 Amendment of s 19B (Notice of change in circumstances) 5
Section 19B(2), `board'-- 6
omit, insert-- 7
`chief executive'. 8
Clause 13 Amendment of s 20 (Suspension of licence by standards 9
officer) 10
Section 20, `board'-- 11
omit, insert-- 12
`chief executive'. 13
Clause 14 Replacement of s 21 (Cancellation or suspension of 14
licence) 15
Section 21-- 16
omit, insert-- 17
`21 Grounds for suspension or cancellation of licence by 18
chief executive 19
`Each of the following is a ground for suspending or 20
cancelling a licence under section 21D-- 21
(a) the licensee has committed an offence against this Act 22
or the Health (Drugs and Poisons) Regulation 1996, 23
section 290, made under the Health Act 1937; 24
(b) the licensee has done an act or made an omission that 25
would not entitle the licensee to apply for a licence of 26
the type held by the licensee; 27
Page 8
Protecting Primary Production Amendment Bill 2011
Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966
[s 14]
(c) the licence was issued because of a materially false, 1
fraudulent or misleading document, representation or 2
declaration; 3
(d) the licensee is not, or is no longer, an appropriate person 4
to continue to hold the licence; 5
(e) if the licence is an aerial distribution contractor licence 6
or a ground distribution contractor licence--the licensed 7
distribution contractor has not complied with a request 8
made by the standards officer under section 26(2). 9
`21A Show cause notice 10
`(1) This section applies if the chief executive believes a ground 11
exists to suspend or cancel a licence (the proposed action). 12
`(2) Before taking the proposed action, the chief executive must 13
give the licensee a notice (a show cause notice) stating the 14
following-- 15
(a) the proposed action; 16
(b) the grounds for the proposed action; 17
(c) an outline of the facts and circumstances forming the 18
basis for the grounds; 19
(d) if the proposed action is suspension of the licence--the 20
proposed suspension period; 21
(e) that the licensee may, within a stated period (the show 22
cause period), make written representations to the chief 23
executive to show why the proposed action should not 24
be taken. 25
`(3) The show cause period must end at least 21 days after the 26
licensee is given the show cause notice. 27
`21B Representations about show cause notice 28
`(1) The licensee may, within the show cause period, make written 29
representations to the chief executive about why the proposed 30
action should not be taken. 31
Page 9
Protecting Primary Production Amendment Bill 2011
Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966
[s 14]
`(2) The chief executive must consider all representations (the 1
accepted representations) made under subsection (1). 2
`21C Ending show cause process without further action 3
`If, after considering the accepted representations for a show 4
cause notice, the chief executive no longer believes a ground 5
exists to suspend or cancel the licence, the chief executive-- 6
(a) must not take any further action about the show cause 7
notice; and 8
(b) must give the licensee a notice that no further action is 9
to be taken about the show cause notice. 10
`21D Suspension or cancellation of licence 11
`(1) This section applies if-- 12
(a) there are no accepted representations for a show cause 13
notice; or 14
(b) after considering the accepted representations for a 15
show cause notice, the chief executive-- 16
(i) still believes a ground exists to suspend or cancel 17
the licence; and 18
(ii) believes suspension or cancellation of the licence 19
is warranted. 20
`(2) The chief executive may-- 21
(a) if the proposed action was to suspend the 22
licence--suspend the licence for no longer than the 23
proposed suspension period; or 24
(b) if the proposed action was to cancel the licence--cancel 25
the licence or suspend it for a period. 26
`(3) If the chief executive decides to take action under subsection 27
(2), the chief executive must as soon as practicable give the 28
licensee an information notice for the decision. 29
`(4) The decision takes effect on the later of the following days-- 30
Page 10
Protecting Primary Production Amendment Bill 2011
Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966
[s 15]
(a) the day the information notice is given to the licensee; 1
(b) the day stated in the information notice for that 2
purpose.'. 3
Clause 15 Amendment of s 22 (Right of review by QCAT) 4
Section 22(1), from `the following'-- 5
omit, insert-- 6
`a decision of the chief executive-- 7
(a) to refuse an application for a licence or the renewal of a 8
licence; or 9
(b) to suspend or cancel a licence.'. 10
Clause 16 Amendment of s 31 (Effect of failure to give notice) 11
Section 31(2)(b)(ii), `or board or a member of the board'-- 12
omit. 13
Clause 17 Amendment of s 32 (Powers of inspection in case of 14
damage to crops etc.) 15
(1) Section 32(1), `The standards officer or another'-- 16
omit, insert-- 17
`An'. 18
(2) Section 32(1)(a), from `standards officer'-- 19
omit, insert-- 20
`inspector considers appropriate for making the report 21
mentioned in paragraph (c); and'. 22
(3) Section 32(1)(b), from `standards officer'-- 23
omit, insert-- 24
`inspector considers appropriate for making the report 25
mentioned in paragraph (c); and'. 26
Page 11
Protecting Primary Production Amendment Bill 2011
Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966
[s 18]
(4) Section 32(1)(c)-- 1
omit. 2
(5) Section 32(1)(d), from `in the case' to `make'-- 3
omit, insert-- 4
`after entering land under this section, must give'. 5
(6) Section 32(1)(d), as amended under this section-- 6
renumber as section 32(1)(c). 7
(7) Section 32(1)(e)-- 8
omit, insert-- 9
`(d) must give to the standards officer all samples taken and 10
removed under paragraphs (a) and (b).'. 11
(8) Section 32(2), `the standards officer, or another'-- 12
omit, insert-- 13
`an'. 14
Clause 18 Amendment of s 33 (Board to make statement on 15
damage) 16
(1) Section 33, heading, `Board'-- 17
omit, insert-- 18
`Standards officer'. 19
(2) Section 33(1) and (1A)-- 20
omit. 21
(3) Section 33(1B)-- 22
renumber as subsection 33(1). 23
(4) Section 33(1), as renumbered under this section, from `Upon' 24
to `shall'-- 25
omit, insert-- 26
`On receiving a report made by an inspector under section 27
32(1)(c), the standards officer must'. 28
Page 12
Protecting Primary Production Amendment Bill 2011
Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966
[s 19]
(5) Section 33(1)(a), as renumbered under this section, `standards 1
officer'-- 2
omit, insert-- 3
`inspector'. 4
(6) Section 33(2), `board'-- 5
omit, insert-- 6
`standards officer'. 7
Clause 19 Amendment of s 44A (Protection from liability) 8
Section 44A(1), definition official, paragraph (c)-- 9
omit. 10
Clause 20 Amendment of s 45 (Evidence) 11
(1) Section 45(c)-- 12
omit. 13
(2) Section 45(d)-- 14
renumber as section 45(c). 15
Clause 21 Amendment of schedule (Dictionary) 16
(1) Schedule, definitions board, chairperson, decision maker, 17
deputy chairperson and member-- 18
omit. 19
(2) Schedule-- 20
insert-- 21
`accepted representations see section 21B(2). 22
proposed action see section 21A(1). 23
show cause notice see section 21A(2). 24
show cause period see section 21A(2)(e).'. 25
Page 13
Protecting Primary Production Amendment Bill 2011
Part 3 Amendment of Agricultural Standards Act 1994
[s 22]
(3) Schedule, definition officer, paragraph (e)-- 1
omit. 2
Part 3 Amendment of Agricultural 3
Standards Act 1994 4
Clause 22 Act amended 5
This part amends the Agricultural Standards Act 1994. 6
Clause 23 Amendment of s 20 (Entry to places) 7
(1) Section 20(1)(e), after `made'-- 8
insert-- 9
`at a reasonable time'. 10
(2) Section 20(1)(e)(i), `stock; and'-- 11
omit, insert-- 12
`stock; or'. 13
(3) Section 20(1)(e)(iii)-- 14
omit. 15
Clause 24 Amendment of s 24 (Entry to vehicles) 16
(1) Section 24-- 17
insert-- 18
`(1A) Also, an inspector may enter a vehicle other than a part of a 19
vehicle used only as a living area-- 20
(a) to check compliance with a provision of this Act about 21
the content, labelling or sale of food for stock; or 22
Page 14
Protecting Primary Production Amendment Bill 2011
Part 4 Amendment of Land Protection (Pest and Stock Route Management) Act 2002
[s 25]
(b) for the purpose of preventing the introduction of an 1
exotic disease into the State or controlling the spread of 2
an exotic disease.'. 3
(2) Section 24(2)-- 4
omit, insert-- 5
`(2) Before entering a vehicle under this section, the inspector 6
must do or make a reasonable attempt to do all of the 7
following-- 8
(a) comply with section 19(1); 9
(b) tell the owner or person in control of the vehicle the 10
inspector is authorised under this Act to enter the 11
vehicle; 12
(c) give the owner or the person in control of the vehicle an 13
opportunity to consent to the entry. 14
`(2A) If the inspector enters the vehicle after being unable to locate 15
the owner or person in control of the vehicle, the inspector 16
must leave a notice in a conspicuous position and in a 17
reasonably secure way stating the date, time and purpose of 18
the entry.'. 19
Part 4 Amendment of Land Protection 20
(Pest and Stock Route 21
Management) Act 2002 22
Clause 25 Act amended 23
This part amends the Land Protection (Pest and Stock Route 24
Management) Act 2002. 25
Clause 26 Amendment of ch 2, pt 2 hdg (State pest management 26
strategies and guidelines for managing pests) 27
Chapter 2, part 2, heading, `strategies'-- 28
Page 15
Protecting Primary Production Amendment Bill 2011
Part 4 Amendment of Land Protection (Pest and Stock Route Management) Act 2002
[s 27]
omit, insert-- 1
`strategy'. 2
Clause 27 Amendment of ch 2, pt 2, div 1 hdg (State pest 3
management strategies) 4
Chapter 2, part 2, division 1, heading, `strategies'-- 5
omit, insert-- 6
`strategy'. 7
Clause 28 Amendment of s 10 (State pest management strategies) 8
(1) Section 10, heading, `strategies'-- 9
omit, insert-- 10
`strategy'. 11
(2) Section 10(1), `separate State pest management strategies'-- 12
omit, insert-- 13
`a State pest management strategy'. 14
(3) Section 10(2), `A State'-- 15
omit, insert-- 16
`The State'. 17
Clause 29 Amendment of s 11 (Preparing strategies) 18
(1) Section 11, heading, `strategies'-- 19
omit, insert-- 20
`strategy'. 21
(2) Section 11, `a State'-- 22
omit, insert-- 23
`the State'. 24
Page 16
Protecting Primary Production Amendment Bill 2011
Part 4 Amendment of Land Protection (Pest and Stock Route Management) Act 2002
[s 30]
Clause 30 Amendment of s 12 (Duration of strategies) 1
(1) Section 12, heading, `strategies'-- 2
omit, insert-- 3
`strategy'. 4
(2) Section 12(1), `A State'-- 5
omit, insert-- 6
`The State'. 7
Clause 31 Amendment of s 13 (Implementing strategies) 8
(1) Section 13, heading, `strategies'-- 9
omit, insert-- 10
`strategy'. 11
(2) Section 13, `each'-- 12
omit, insert-- 13
`the'. 14
Clause 32 Amendment of s 14 (Reviewing and renewing strategies) 15
(1) Section 14, heading, `strategies'-- 16
omit, insert-- 17
`strategy'. 18
(2) Section 14(1), `a State'-- 19
omit, insert-- 20
`the State'. 21
(3) Section 14(2), `a strategy'-- 22
omit, insert-- 23
`the strategy'. 24
Page 17
Protecting Primary Production Amendment Bill 2011
Part 4 Amendment of Land Protection (Pest and Stock Route Management) Act 2002
[s 33]
Clause 33 Amendment of ch 2, pt 2, div 3 hdg (Inspecting strategies 1
and guidelines) 2
Chapter 2, part 2, division 3, heading, `strategies'-- 3
omit, insert-- 4
`strategy'. 5
Clause 34 Amendment of s 16 (Strategies and guidelines to be 6
available for inspection) 7
(1) Section 16, heading, `Strategies'-- 8
omit, insert-- 9
`Strategy'. 10
(2) Section 16(1), `strategies and guidelines'-- 11
omit, insert-- 12
`State pest management strategy and the guidelines for pest 13
management'. 14
(3) Section 16(2), `strategies'-- 15
omit, insert-- 16
`strategy'. 17
Clause 35 Amendment of s 18 (Requirements of plan) 18
Section 18(b), `strategies'-- 19
omit, insert-- 20
`strategy'. 21
Clause 36 Amendment of s 26 (Requirements of plan) 22
Section 26(b), `strategies'-- 23
omit, insert-- 24
`strategy'. 25
Page 18
Protecting Primary Production Amendment Bill 2011
Part 5 Amendment of Plant Protection Act 1989
[s 37]
Clause 37 Amendment of s 27 (Preparing draft plan) 1
Section 27(5)(b), `strategies'-- 2
omit, insert-- 3
`strategy'. 4
Part 5 Amendment of Plant Protection 5
Act 1989 6
Clause 38 Act amended 7
This part amends the Plant Protection Act 1989. 8
Clause 39 Amendment of s 12 (Notification of pests) 9
(1) Section 12(2), `becomes aware of the existence'-- 10
omit, insert-- 11
`is aware, or ought reasonably to have been aware, of the 12
existence'. 13
(2) Section 12(3)-- 14
omit, insert-- 15
`(3) The owner or person must notify an inspector about the pest 16
as soon as practicable, but not more than 24 hours, after the 17
owner or person is aware, or ought reasonably to have been 18
aware, of the existence of it. 19
Maximum penalty--1000 penalty units. 20
`(4) The notification mentioned in subsection (3) may be given 21
orally or in writing.'. 22
Page 19
Protecting Primary Production Amendment Bill 2011
Part 6 Amendment of Rural and Regional Adjustment Act 1994
[s 40]
Part 6 Amendment of Rural and 1
Regional Adjustment Act 1994 2
Clause 40 Act amended 3
This part amends the Rural and Regional Adjustment Act 4
1994. 5
Clause 41 Amendment of s 3 (Object of Act) 6
Section 3(2)(b), from `schemes'-- 7
omit, insert-- 8
`schemes or parts of schemes for the Commonwealth and 9
other States in rural and regional sectors outside Queensland. 10
`Examples of administering parts of schemes-- 11
· conducting financial analysis of applications for assistance 12
under an authorised interstate scheme 13
· reviewing an authorised interstate scheme 14
· providing advice on applications for financial assistance 15
under an authorised interstate scheme'. 16
Clause 42 Amendment of s 8 (Authority's functions) 17
Section 8(2)(f), after `schemes'-- 18
insert-- 19
`or parts of the schemes'. 20
Clause 43 Amendment of s 11A (Authorisation for interstate 21
schemes) 22
(1) Section 11A(2), `the scheme', first and second mention-- 23
omit, insert-- 24
`the scheme or a part of the scheme'. 25
(2) Section 11A(2), `the scheme', third mention-- 26
Page 20
Protecting Primary Production Amendment Bill 2011
Part 6 Amendment of Rural and Regional Adjustment Act 1994
[s 44]
`the scheme or part'. 1
(3) Section 11A(5), `scheme'-- 2
omit, insert-- 3
`scheme or part of the scheme'. 4
Clause 44 Amendment of s 35 (Acting chief executive officer) 5
Section 35, `Governor in Council'-- 6
omit, insert-- 7
`Minister'. 8
Clause 45 Insertion of new s 35B 9
Part 5, division 1-- 10
insert-- 11
`35B Delegation 12
`(1) The chief executive officer may, with the board's approval, 13
delegate the chief executive officer's functions, including a 14
function delegated to the chief executive officer by the 15
authority, to an appropriately qualified employee of the 16
authority. 17
`(2) In this section-- 18
appropriately qualified, for an employee of the authority, 19
includes having the qualifications, experience or standing 20
appropriate for the function. 21
Example of standing-- 22
an employee's seniority level within the staff of the authority 23
function includes power.'. 24
Clause 46 Amendment of s 45 (Review of Act) 25
(1) Section 45(1)-- 26
omit, insert-- 27
Page 21
Protecting Primary Production Amendment Bill 2011
Part 7 Amendment of Veterinary Surgeons Act 1936
[s 47]
`(1) The Minister must, within each period of 10 years after 1 July 1
2012, review this Act to decide whether its provisions remain 2
appropriate.'. 3
(2) Section 45(2), `finishing the review'-- 4
omit, insert-- 5
`finishing each review'. 6
Part 7 Amendment of Veterinary 7
Surgeons Act 1936 8
Clause 47 Act amended 9
This part amends the Veterinary Surgeons Act 1936. 10
Clause 48 Amendment of s 4C (Membership) 11
Section 4C(2), `veterinary surgeons'-- 12
omit, insert-- 13
`eligible veterinary surgeons'. 14
Clause 49 Amendment of s 4D (Chairperson and deputy 15
chairperson) 16
Section 4D(3), `a veterinary surgeon'-- 17
omit, insert-- 18
`an eligible veterinary surgeon'. 19
Clause 50 Amendment of s 8 (Board to hold triennial election) 20
Section 8(4), `each registered veterinary surgeon'-- 21
omit, insert-- 22
`each eligible veterinary surgeon'. 23
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Protecting Primary Production Amendment Bill 2011
Part 7 Amendment of Veterinary Surgeons Act 1936
[s 51]
Clause 51 Amendment of s 16 (Keeping registers) 1
(1) Section 16(3)(d), `particulars decided'-- 2
omit, insert-- 3
`particulars, other than the emergency contact details for a 4
veterinary surgeon, decided'. 5
(2) Section 16(4)(d), `particulars decided'-- 6
omit, insert-- 7
`particulars, other than the emergency contact details for a 8
veterinary surgeon, decided'. 9
(3) Section 16-- 10
insert-- 11
`(4A) Subsections (3) and (4) do not apply to veterinary 12
practitioners.'. 13
Clause 52 Amendment of s 17 (Annual fee) 14
Section 17-- 15
insert-- 16
`(6) In this section-- 17
veterinary surgeon does not include a veterinary 18
practitioner.'. 19
Clause 53 Amendment of s 18 (Registration of veterinary surgeons) 20
Section 18-- 21
insert-- 22
`(3A) Also, if the board considers it appropriate in the 23
circumstances, the board may refuse an application for 24
registration as a veterinary surgeon if satisfied the applicant is 25
not suitable to be registered because the applicant has, under 26
the law of another State-- 27
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Protecting Primary Production Amendment Bill 2011
Part 7 Amendment of Veterinary Surgeons Act 1936
[s 54]
(a) applied for registration as a veterinary practitioner in 1
that State and the application was refused by the 2
registering authority for that State; or 3
(b) been disqualified from applying, or is not entitled to 4
apply, for registration as a veterinary practitioner in that 5
State. 6
`(3B) Subsections (3) and (3A) apply despite subsection (1).'. 7
Clause 54 Insertion of new s 18B 8
After section 18A-- 9
insert-- 10
`18B Deemed registration as veterinary surgeon 11
`(1) A person who is a veterinary practitioner is taken to be 12
registered as a veterinary surgeon under this Act. 13
`(2) The person's registration as a veterinary surgeon is subject to 14
the same conditions, limitations or restrictions that apply to 15
the person's registration in another State as a veterinary 16
practitioner.'. 17
Clause 55 Amendment of s 19 (Application for registration) 18
Section 19(2)-- 19
omit, insert-- 20
`(2) The approved form must provide for the inclusion of the 21
applicant's contact information. 22
`(3) To avoid any doubt, it is declared that a person who is taken to 23
be registered as a registered veterinary surgeon under section 24
18B is not required to-- 25
(a) apply for registration under this section; or 26
(b) pay the prescribed fee mentioned in subsection (1)(c). 27
`(4) However, a person-- 28
(a) who is taken to be registered as a veterinary surgeon 29
under section18B; and 30
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Protecting Primary Production Amendment Bill 2011
Part 7 Amendment of Veterinary Surgeons Act 1936
[s 56]
(b) whose principal place of residence will be in 1
Queensland after the expiry of the person's registration 2
in another State as a veterinary practitioner (the 3
interstate registration); and 4
(c) who intends to carry on practice as a veterinary surgeon 5
in Queensland after the expiry of the interstate 6
registration-- 7
must apply for registration in Queensland before the expiry of 8
the interstate registration.'. 9
Clause 56 Amendment of s 19B (Registration for limited period) 10
Section 19B(3) and (5), `another State or'-- 11
omit. 12
Clause 57 Insertion of new s 19CA 13
After section 19C-- 14
insert-- 15
`19CA Deemed registration of veterinary specialists 16
`(1) This section applies to a veterinary practitioner-- 17
(a) who is taken to be registered as a veterinary surgeon 18
under section 18B; and 19
(b) whose registration as a veterinary practitioner in another 20
State provides, by endorsement or otherwise, that the 21
veterinary practitioner is qualified to practise as a 22
veterinary specialist in that State; and 23
(c) whose qualification to practice as a veterinary specialist 24
in the other State was gained after practising veterinary 25
science for a period of at least 5 years. 26
`(2) The veterinary practitioner is taken to be registered as a 27
veterinary specialist under this Act if the specialty in which 28
the veterinary practitioner is qualified to practise in the other 29
State is a veterinary specialty under this Act.'. 30
Page 25
Protecting Primary Production Amendment Bill 2011
Part 7 Amendment of Veterinary Surgeons Act 1936
[s 58]
Clause 58 Insertion of new s 22FA 1
Part 4, division 2-- 2
insert-- 3
`22FA Board to notify registration authority of disciplinary 4
action 5
`(1) If, under section 22C, 22D or 22E, the tribunal makes an order 6
about a veterinary surgeon, or admonishes or reprimands a 7
veterinary surgeon, the board must give each registering 8
authority of another State written notice of-- 9
(a) the order, admonishment or reprimand; and 10
(b) for an order under section 22C or 22D--the grounds on 11
which the order was made; and 12
(c) for an order, admonishment or reprimand under section 13
22E--the details of the misconduct for which the order, 14
admonishment or reprimand was made or given. 15
`(2) If the board takes action under section 22A(1)(a) or (b) about 16
a veterinary surgeon, the board must give each registering 17
authority of another State written notice of-- 18
(a) the action; and 19
(b) the details of the misconduct for which the action was 20
taken. 21
`(3) A notice under subsection (1) or (2) must be given as soon as 22
practicable after the order, admonishment or reprimand was 23
made or given or the action was taken.'. 24
Clause 59 Insertion of new ss 26 and 27 25
Part 4B-- 26
insert-- 27
`26 Notice about change in contact information 28
`(1) If a veterinary surgeon's contact information changes, the 29
veterinary surgeon must, within 21 days after the change, give 30
the board written notice of the change unless the veterinary 31
surgeon has a reasonable excuse. 32
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Protecting Primary Production Amendment Bill 2011
Part 7 Amendment of Veterinary Surgeons Act 1936
[s 60]
Maximum penalty--10 penalty units. 1
`(2) In this section-- 2
veterinary surgeon does not include a veterinary practitioner. 3
`27 Veterinary surgeon to provide emergency contact 4
details 5
`(1) If the registrar does not have the emergency contact details for 6
a veterinary surgeon, the registrar may, by written notice given 7
to the veterinary surgeon, ask the veterinary surgeon to give 8
the registrar the emergency contact details. 9
`(2) A veterinary surgeon must comply with a notice given under 10
subsection (1) within 21 days after receiving it, unless the 11
veterinary surgeon has a reasonable excuse. 12
Maximum penalty--10 penalty units. 13
`(3) In this section-- 14
veterinary surgeon does not include a veterinary 15
practitioner.'. 16
Clause 60 Insertion of new s 29C 17
After section 29B-- 18
insert-- 19
`29C Registrar must give emergency contact details to 20
chief executive 21
`(1) This section applies if the chief executive considers it is 22
necessary to contact a veterinary surgeon to give the 23
veterinary surgeon information about controlling, eradicating 24
or preventing the spread of-- 25
(a) an exotic disease; or 26
(b) a declared pest; or 27
(c) a disease. 28
Page 27
Protecting Primary Production Amendment Bill 2011
Part 7 Amendment of Veterinary Surgeons Act 1936
[s 61]
`(2) The chief executive may ask the registrar to give the chief 1
executive the emergency contact details for the veterinary 2
surgeon. 3
`(3) The registrar must comply with the request. 4
`(4) The chief executive may only use the emergency contact 5
details for a veterinary surgeon for a purpose mentioned in 6
subsection (1). 7
`(5) In this section-- 8
declared pest means-- 9
(a) a declared pest under the Land Protection (Pest and 10
Stock Route Management) Act 2002, schedule 3; or 11
(b) a pest under the Plant Protection Act 1989, schedule 1. 12
disease means-- 13
(a) a disease under the Stock Act 1915, schedule 2; or 14
(b) a disease not previously recognised as defined under the 15
Stock Act 1915, section 27(5). 16
exotic disease see the Exotic Diseases in Animals Act 1981, 17
schedule 2. 18
veterinary surgeon does not include a veterinary 19
practitioner.'. 20
Clause 61 Amendment of schedule (Dictionary) 21
(1) Schedule, definitions veterinary specialist and veterinary 22
surgeon-- 23
omit. 24
(2) Schedule-- 25
insert-- 26
`contact information, for a veterinary surgeon or an applicant 27
for registration as a veterinary surgeon, means the veterinary 28
surgeon's or applicant's business address, postal address, 29
residential address and emergency contact details. 30
Page 28
Protecting Primary Production Amendment Bill 2011
Part 7 Amendment of Veterinary Surgeons Act 1936
[s 61]
eligible veterinary surgeon means a veterinary surgeon who 1
is registered as a veterinary surgeon under this Act and whose 2
name remains on the register of veterinary surgeons. 3
emergency contact details, for a veterinary surgeon or an 4
applicant for registration as a veterinary surgeon, means a 5
telephone number and email address at which the veterinary 6
surgeon can be contacted during and outside of the veterinary 7
surgeon's ordinary business hours. 8
registering authority, of another State, means the authority 9
responsible for the registration of veterinary practitioners in 10
that State. 11
veterinary practitioner-- 12
1 Veterinary practitioner means a person authorised under 13
a law of another State to carry out, in that State, 14
activities substantially the same as the activities that 15
may be carried out by a person registered as a veterinary 16
surgeon under this Act. 17
2 However, a veterinary practitioner does not include a 18
person who is registered as a veterinary surgeon on 19
application under this Act and whose name remains on 20
the register of veterinary surgeons. 21
veterinary specialist means-- 22
(a) a veterinary surgeon who is registered on application 23
under this Act as a veterinary specialist for a veterinary 24
specialty and whose name remains on the register of 25
veterinary specialists for the veterinary specialty; or 26
(b) a person who is taken to be registered as a veterinary 27
specialist under section 19CA. 28
veterinary surgeon means a person who-- 29
(a) is registered as a veterinary surgeon on application 30
under this Act and whose name remains on the register 31
of veterinary surgeons; or 32
(b) is taken to be registered as a veterinary surgeon under 33
section 18B.'. 34
Page 29
© State of Queensland 2011
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