Tasmanian Consolidated Acts

ANIMAL HEALTH ACT 1995 - SECT 3

      (1) In this Act, unless the contrary intention appears –

"amend" means –

(a) omit any matter; and

(b) insert or add any matter; and

(c) omit any matter and substitute other matter;

"animal" means any member of the animal kingdom (other than a human), whether alive or dead, including –

(a) any mammal, bird, fish, shellfish and insect; and

(b) any egg, embryo, ova or sperm of such a member of the animal kingdom; and

(c) any carcass or part of any carcass of such a member of the animal kingdom;

"animal material" means any animal product, fitting or fodder;

"animal product" means –

(a) the hide, skin, hair, wool, feather, shell, horn, fin or hoof of an animal; and

(b) any part of the viscera of an animal; and

(c) any meat, fat, milk, whey, cream, butter, cheese, eggs, honey and other food or foodstuffs derived from an animal; and

(d) any urine, faeces, bone or blood of an animal, or any article or substance derived from the urine, faeces, bone or blood of an animal; and

(e) any secretion or excretion of an animal; and

(f) any product or biological preparation prepared or derived from any tissue or secretion of an animal; and

(g) any article or substance derived from an animal, whether or not in combination with any other article or substance; and

(h) any other thing that is declared under subsection (2) to be an animal product for the purposes of this Act;

"artificial breeding" means –

(a) the artificial insemination of an animal; and

(b) the implantation of an embryo in a recipient animal; and

(c) the collection, processing, handling, storing, sale or distribution of semen, ova or embryos for a purpose specified in paragraph (a) or (b);

"building" means the whole or any part of any building, erection, hoarding, tent or other structure;

"Chief Veterinary Officer" means the Chief Veterinary Officer appointed under section 6;

"comply with" includes does not contravene;

"contaminated" has the same meaning as in the Agricultural and Veterinary Chemicals (Control of Use) Act 1995;

"contravene" includes fail to comply with;

"control" includes taking measures to –

(a) prevent the establishment of a disease; and

(b) limit the spread of a disease; and

(c) reduce or prevent the occurrence of a disease; and

(d) eradicate a disease;

"control area" means an area of Tasmania in respect of which a declaration of control area is in force;

"conveyance" means any aircraft, trailer, vehicle, vessel or other thing that may be used for the carriage of persons, animals, animal materials, disease agents or other things, whether or not it is at the material time capable of being moved or operated;

"Crown" means the Crown in right of Tasmania;

"declaration of control area" means a declaration made and in force under section 39;

"declaration of infected place" means a declaration made and in force under section 31;

"declaration of protected area" means a declaration made and in force under section 42;

"declaration of restricted area" means a declaration made and in force under section 35;

"Deputy Chief Veterinary Officer" means the Deputy Chief Veterinary Officer appointed under section 7;

"destroy" includes slaughter and demolish;

"diagnostic reagent" means a substance that is administered to an animal to aid in the diagnosis of a disease in the animal;

"direction" means a direction given under this Act, other than section 22 or 50;

"disease" means –

(a) a disease that affects or may affect an animal; and

(b) a disease agent; and

(c) a zoonosis;

"disease agent" means –

(a) the whole or part of an organism, being an organism that –

(i) can cause a disease in an animal; or

(ii) if in an attenuated, killed or inactivated form, was capable of causing a disease in an animal when non-attenuated or viable; and

(b) a part of an organism, being a part that can cause disease in an animal; and

(c) a substance, being a substance that can cause disease in an animal; and

(d) any other thing that is declared under subsection (4) to be a disease agent –

but does not include a diagnostic reagent or a vaccine unless declared under paragraph (d);

"diseased" means –

(a) showing clinical, serological, pathological, microbiological or other evidence of having been exposed to, or being affected by, a disease that is not genetic; or

(b) affected by, or being a carrier for, a genetic disease;

"domestic animal" means an animal that is farmed or kept in a domestic or captive state or is under the control of humans regardless of whether the animal is or is not of a species categorised at common law as being of a tame or domestic nature;

"emergency restriction notice" means a notice issued under section 24;

"feral animal" means –

(a) any animal that –

(i) is categorised at common law as being of a tame or domestic nature; and

(ii) is living in a wild state after escaping from or leaving a farmed, domestic or captive state or the control of a human; and

(b) any animal of a class prescribed in the regulations to be feral animals and that is living in a wild state after escaping from or leaving a farmed, domestic or captive state or the control of a human; and

(c) any descendant of an animal referred to in paragraph (a) or (b) that is living in a wild state;

"fitting" includes –

(a) any box, stall, cage, enclosure, tank, pen, hive, water or other material used for containing an animal; and

(b) any harness, saddlery, rope, net, fish pump, bucket, trough, bedding, utensil, implement, equipment or other thing used in the handling or keeping of an animal or animal material;

"fodder" means anything that is used or intended to be used as food or drink for an animal;

"function" includes duty and responsibility;

"general authority" means an authority issued under section 18;

"government disease control program" means a program implemented under section 50;

"import" means import into –

(a) Tasmania (other than Macquarie Island) from Macquarie Island, another State, a Territory or elsewhere; and

(b) Macquarie Island from another part of Tasmania, another State, a Territory or elsewhere;

"importer" means a person who is importing, has imported or is proposing to import any animal, animal material or disease agent;

"industry disease control program" means a program for the purposes of controlling a disease that has been approved under section 47 as amended under that section from time to time;

"infected" means –

(a) diseased; and

(b) harbouring a disease agent; and

(c) having been, or suspected of having been, exposed to a disease within the prescribed exposure period;

"infected place" means the whole or any part of any place in respect of which a declaration of infected place is in force;

"inspector" means the Chief Veterinary Officer, the Deputy Chief Veterinary Officer or an inspector appointed under section 8;

"land" includes any land forming the bed of any sea, river, lake, foreshore, inlet, harbour or any other body of water within the State;

"List A disease" means –

(a) a disease declared under subsection (3) to be a List A disease; and

(b) a List A disease agent;

"List A disease agent" means –

(a) the whole or part of an organism, being an organism that –

(i) can cause a List A disease in an animal; or

(ii) if in an attenuated, killed or inactivated form, was capable of causing a List A disease in an animal when non-attenuated or viable; and

(b) a part of an organism, being a part that can cause a List A disease in an animal; and

(c) any other thing that is declared under subsection (4) to be a List A disease agent –

but does not include a diagnostic reagent or a vaccine unless declared under paragraph (c);

"List B disease" means a disease declared by the Minister to be a List B disease under subsection (3);

"List B disease agent" means –

(a) the whole or part of an organism, being an organism that –

(i) can cause a List B disease in an animal; or

(ii) if in an attenuated, killed or inactivated form, was capable of causing a List B disease in an animal when non-attenuated or viable; and

(b) a part of an organism, being a part that can cause a List B disease in an animal; and

(c) any other thing that is declared under subsection (4) to be a List B disease agent –

but does not include a diagnostic reagent or a vaccine unless declared under paragraph (c);

"listed animal or animal product" means a dead animal, or an animal product, of a class of animal or animal product declared by the Minister under subsection (6) to be listed animals or animal products;

"management committee" means a management committee composed under an industry disease control program;

"market value" means the value, as assessed by a competent valuer, that a willing buyer would offer to a willing seller;

"new disease" means a disease, other than a List A disease or List B disease, which the person concerned has reasonable grounds to believe or believes is not at that time known to occur in Tasmania;

"occupier" means –

(a) a person who normally resides in premises; and

(b) if no person normally resides in premises, the owner of those premises; and

(c) a person acting on behalf of a person specified in paragraph (a) or (b);

"organism" includes micro-organism, parasite, pest, infectious material and genetic material;

"owner" means –

(a) a person having or claiming any right, title or interest in a domestic animal, an animal material or other property (other than a prescribed mortgagee or grantee of a bill of sale); and

(b) a mortgagee or grantee of a bill of sale, other than a prescribed mortgagee or grantee of a bill of sale; and

(c) an occupier of property; and

(d) an agent of a person specified in paragraph (a), (b) or (c); and

(e) a person who is in charge or possession, or appears to the inspector concerned to be in charge or possession, of a domestic animal, an animal material or otherproperty;

"pen" means confine within an enclosure or cage;

"permit" means a permit issued and in force under this Act;

"person-in-charge" includes a person who appears to the inspector concerned to be in charge;

"place" includes –

(a) any area of Tasmania; and

(b) any land; and

(c) any sea, river, reservoir or other body of water; and

(d) any premises; and

(e) any building in or on a place; and

(f) any part of a place;

"premises" includes –

(a) any land, curtilage, building and body of water; and

(b) any place used for the handling, testing, treatment, storage, holding, delivery or acceptance of an animal, animal material or disease agent; and

(c) any part of premises;

"prescribed mortgagee or grantee of a bill of sale" means a mortgagee, or grantee of a bill of sale, who does not have possession of the animal or property which is the subject of the mortgage or bill of sale;

"property" does not include a domestic animal;

"protected area" means an area in respect of which a declaration of protected area is in force;

"published notice" means a notice which is published as soon as practicable after it has been determined that it is necessary or appropriate to make the notice –

(a) in 3 Tasmanian daily newspapers; or

(b) in a situation that the Chief Veterinary Officer considers is an emergency, by radio or television;

"quarantine area" means any place in respect of which a declaration under section 11 is in force;

"regulations" means regulations made and in force under this Act;

"relevant listed animal disease", in respect of a listed animal or animal product, means the disease specified to be the relevant listed animal disease in a declaration under subsection (6) in respect of the class of animal or animal product of which that listed animal or animal product is a member;

"residence" means any building, conveyance or part of a building or conveyance that is ordinarily used for residential purposes;

"restricted area" means a place in respect of which a declaration of restricted area is in force;

"restricted material" means –

(a) a disease agent; or

(b) any animal material of a class declared by the Minister under subsection (5) to be restricted material;

"Secretary" means the Secretary of the Department;

"sell" means sell by wholesale or retail and includes –

(a) offer, display or expose for sale; and

(b) keep or have in possession for sale; and

(c) barter or exchange; and

(d) deal in or agree to sell; and

(e) supply, send, forward or deliver for sale or for, or in expectation of receiving, any payment or other consideration; and

(f) authorise, cause, attempt or allow any act referred to in paragraph (a), (b), (c), (d) or (e);

"special authority" means an authority issued under section 19;

"swill" means any material of placental mammal origin but does not include –

(a) the flesh, bones, blood or offal of mammals slaughtered at premises licensed under the Meat Hygiene Act 1985 which is fed to pigs on those premises in accordance with a permit issued by the Chief Veterinary Officer; or

(b) milk and the by-products of milk processing; or

(c) any material containing flesh, bones, blood or offal of mammal carcasses which is treated by a process, or a process of a kind, approved by the regulations; or

(d) the carcass of a mammal which has been slaughtered at premises for the purpose of feeding it to pigs at those premises if those premises have been approved by the Chief Veterinary Officer in writing; or

(e) any material which is exempted by the regulations;

"test" includes the taking of samples;

"treat" includes medicate, cleanse and disinfect;

"unknown disease" means a disease –

(a) whose type the person concerned does not recognise or is not certain of; or

(b) whose cause the person concerned does not recognise or is not certain of;

"veterinary surgeon" means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1987;

"wild animal" means an animal which is not a domestic animal or feral animal.

      (2) The Minister may, by notice published in the Gazette, declare any thing to be an animal product for the purposes of this Act.

      (3) The Minister may, by notice published in the Gazette, declare any disease to be a List A disease or List B disease.

      (4) The Minister may, by notice published in the Gazette, declare any thing –

(a) which he or she considers may cause disease in animals to be a disease agent; or

(b) which he or she considers may cause a List A disease in animals to be a List A disease agent; or

(c) which he or she considers may cause a List B disease in animals to be a List B disease agent.

      (5) The Minister may, by notice published in the Gazette, declare an animal material of a class specified in the notice to be a restricted material.

      (6) The Minister may, by notice published in the Gazette, declare a class of animal or animal product to be listed animals or animal products.

      (7) A notice under subsection (6) –

(a) must specify in respect of the class of animal or animal product declared to be listed animals or animal products a relevant listed animal disease; and

(b) may specify, either generally or in relation to a particular listed animal or animal product or relevant listed animal disease, the treatment of –

(i) the dead animal or animal product that constitutes a listed animal or animal product; or

(ii) the animal or dead animal from which an animal product that constitutes a listed animal or animal product was obtained –

that is sufficient to ensure that the listed animal or animal product is not infected with the relevant listed animal disease.

      (8) A notice under subsection (6) that specifies treatment that is sufficient to ensure that the listed animal or animal product is not infected with the relevant listed animal disease may do so by adopting wholly or in part, with or without modification and specifically or by reference any Act of this State or elsewhere, any subordinate legislation made under such an Act or any standards, rules, codes or specifications published before or after the commencement of this subsection.

      (9) A reference in subsection (8) to an Act, subordinate legislation, standards, rules, codes or specifications includes a reference to that Act or subordinate legislation or those standards, rules, codes or specifications as amended from time to time.

      (9A) A notice made under this section takes effect on –

(a) the day on which the notice is published in the Gazette; or

(b) a later day specified in the notice, if any.

      (10) A notice made by the Minister under this section is not a statutory rule for the purposes of the Rules Publication Act 1953.