Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Livestock Disease Control (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Exotic diseases 2
4. New section 9C inserted 2
9C. Requirements for manufacturers of tags and devices 2
5. Payment of stamp duty 3
6. New section 94A substituted 3
94A. Records of sales and purchases 3
7. Approved agents 4
8. Offences relating to stamp duty 6
9. Release of identification information 6
10. Regulations 6
11. Statute law revision 7
12. Amendments to Plant Health and Plant Products Act 1995 7
13. Amendment to Stamps Act 1958 8
NOTES 9
i
532051B.I1-12/5/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Livestock Disease Control Act 1994, the Plant Health
and Plant Products Act 1995 and the Stamps Act 1958 and for other
purposes.
Livestock Disease Control (Amendment)
Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Livestock Disease Control Act 1994, the Plant
Health and Plant Products Act 1995 and the
5 Stamps Act 1958 and for other purposes.
1
532051B.I1-12/5/98
Livestock Disease Control (Amendment) Act 1998
s. 2
Act No.
2. Commencement
(1) This section and sections 1, 3, 11 and 12 come
into operation on the day on which this Act
receives the Royal Assent.
5 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 30 June 1999, it
10 comes into operation on that day.
3. Exotic diseases
No. 115/1994. In section 3 of the Livestock Disease Control
Reprinted as
Act 1994--
at 31 October
1996. Further
(a) insert the following definition--
amended by
Nos 73/1996
15 ' "approved agent" means a person in
and 25/1997.
respect of whom a declaration by the
Commissioner of State Revenue under
section 94 is in force;';
(b) for paragraph (b) of the definition of "exotic
20 disease" substitute--
"(b) any other contagious or infectious
disease, or any condition to which any
livestock is subject, that the Governor
in Council declares to be an exotic
25 disease.".
4. New section 9C inserted
After section 9B of the Livestock Disease
Control Act 1994 insert--
"9C. Requirements for manufacturers of tags
30 and devices
A person must not make or sell or offer or
expose for sale a tag or a marking or
branding device intended for identifying
2
532051B.I1-12/5/98
Livestock Disease Control (Amendment) Act 1998
s. 5
Act No.
livestock for the purposes of section 9 or 9A
or that is held out as being suitable for those
purposes unless the person is authorised for
the time being in writing by the Secretary to
5 do so.
Penalty: 5 penalty units.".
5. Payment of stamp duty
In the Livestock Disease Control Act 1994--
(a) in section 92(1), (1A) and (2), omit "over the
10 hooks where the carcase is purchased on a
weight sale basis after the animal has been
slaughtered";
(b) in section 92(1), after "an approved agent"
insert "or to an approved agent who is
15 purchasing the cattle, calves or carcases on
the approved agent's own behalf";
(c) in section 92(1A), after "an approved agent"
insert "or to an approved agent who is
purchasing the sheep, goats or carcases on
20 the approved agent's own behalf";
(d) in section 92(2), after "an approved agent"
insert "or to an approved agent who is
purchasing the pigs or carcases on the
approved agent's own behalf".
25 6. New section 94A substituted
For section 94A of the Livestock Disease
Control Act 1994 substitute--
"94A. Records of sales and purchases
An approved agent or a person who carries
30 on business as a stock and station agent, an
abattoir operator, a feedlot operator, a cattle
scale operator, a calf dealer or any other
prescribed business dealing with the selling
of livestock or the carcases of livestock who
3
532051B.I1-12/5/98
Livestock Disease Control (Amendment) Act 1998
s. 6
7
Act No.
sells, as agent for another person, any
livestock of a prescribed species or class
must ensure that the prescribed particulars
about the sale of that livestock are--
5 (a) recorded; and
(b) supplied to the person who purchased
the livestock if that person is a
prescribed purchaser or of a prescribed
class of purchasers; and
10 (c) made available for inspection by an
inspector during the period of 7 years
after the date of the sale.
Penalty: 5 penalty units.
(2) An approved agent who purchases any
15 livestock of a prescribed species or class on
the approved agent's own behalf must ensure
that the prescribed particulars about the
purchase of that livestock are--
(a) recorded; and
20 (b) supplied to the person who sold the
livestock if that person is a prescribed
seller or of a prescribed class of sellers;
and
(c) made available for inspection by an
25 inspector during the period of 7 years
after the date of the sale or purchase.
Penalty: 5 penalty units.".
7. Approved agents
4
532051B.I1-12/5/98
Livestock Disease Control (Amendment) Act 1998
Act No.
In section 95 of the Livestock Disease Control
Act 1994--
(a) in sub-sections (1)(a), (1A)(a) and (2)(a),
after "sales" insert "or purchases";
5 (b) in sub-sections (1)(b), (1A)(b) and (2)(b),
omit "in cash";
(c) in sub-sections (5)(a), (5A)(a) and (6)(a), for
"containing the" substitute "setting out the
amount of stamp duty paid and";
10 (d) after sub-section (5)(a) insert--
"(ab) in the case of an approved agent who
purchases cattle or calves or the
carcases of cattle on the approved
agent's own behalf, issue to every seller
15 of those cattle, calves or carcases a
statement in writing setting out the
amount of stamp duty paid and the
prescribed particulars;";
(e) in sub-sections (5)(b), (5A)(b) and (6)(b),
20 after "invoice" insert "or statement";
(f) after sub-section (5A)(a) insert--
"(ab) in the case of an approved agent who
purchases sheep or goats or the
carcases of sheep or goats on the
25 approved agent's own behalf, issue to
every seller of those sheep, goats or
carcases a statement in writing setting
out the amount of stamp duty paid and
the prescribed particulars;";
30 (g) after sub-section (6)(a) insert--
"(ab) in the case of an approved agent who
purchases pigs or the carcases of pigs
on the approved agent's own behalf,
issue to every seller of those pigs or
5
532051B.I1-12/5/98
Livestock Disease Control (Amendment) Act 1998
s. 8
Act No.
carcases a statement in writing setting
out the amount of stamp duty paid and
the prescribed particulars;";
(h) in sub-section (7)--
5 (i) after "purchaser" insert "or seller";
(ii) after "invoice" insert "or statement".
8. Offences relating to stamp duty
In section 96 of the Livestock Disease Control
Act 1994--
10 (a) in sub-section (1), omit "cattle or pig";
(b) in sub-section (2), after "invoice" insert
", statement".
9. Release of identification information
In section 107B of the Livestock Disease Control
15 Act 1994--
(a) after sub-section (3)(c) insert--
"; or
(d) any officer or employee referred to in
sub-section (4)(b).";
20 (b) in sub-section (4)(a), after "organisation"
insert "or any prescribed class of persons,
bodies or organisations".
10. Regulations
After section 139(1)(b) of the Livestock Disease
25 Control Act 1994 insert--
"(ba) providing for the inspection or examination
of livestock by persons handling livestock,
the recording of the results of the inspection
or examination by those persons together
30 with any identification codes or numbers
required by or under this Act to be tagged,
6
532051B.I1-12/5/98
Livestock Disease Control (Amendment) Act 1998
s. 11
Act No.
marked or branded on the livestock and the
forwarding of those results and codes or
numbers to the Secretary;
(bb) the requirements for applying for
5 authorisation under section 9C;".
11. Statute law revision
In the Livestock Disease Control Act 1994--
(a) in section 69(3)(b), omit "and" at the end of
the paragraph;
10 (b) in section 100, for "The Secretary may"
substitute "(1) The Secretary may";
(c) in section 107C(2), for "emloyee" substitute
"employee";
(d) section 142 and Schedule 2 are repealed.
15 12. Amendments to Plant Health and Plant Products Act
1995
No. 51/1995.
In the Plant Health and Plant Products Act
1995--
(a) in sections 20(2), 24(1) and (2)(a) and (b)
20 and 25, for "or soil" substitute ", soil, bees,
honey, beeswax, honeycomb, beehives or
pollen";
(b) in section, 21(1)(a), for ", or soil" substitute
"soil, bees, honey, beeswax, honeycomb,
25 beehives or pollen";
(c) in section 22(1)(a), after paragraph (iii)
insert--
"; or
(iv) bees, honey, beeswax, honeycomb,
30 beehives or pollen;";
(d) in section 22(1)(i), after "plant products"
insert ", beehives";
7
532051B.I1-12/5/98
Livestock Disease Control (Amendment) Act 1998
s. 13
Act No.
(e) after section 22(1)(o) insert--
"(p) require beekeepers who keep beehives
within the area to take measures,
including the destruction of bees,
5 honey, beeswax, honeycomb, beehives
or pollen, specified in the order that are,
in the opinion of the Minister,
necessary for the containment,
eradication or control of the pest or
10 disease;";
(f) in section 58(1)(e), (f) and (g), after
"product" insert "or any bees, honey,
beeswax, honeycomb, beehives or pollen".
13. Amendment to Stamps Act 1958
No. 6375.
15 In Schedule 3 to the Stamps Act 1958--
(a) in Part XVII--
(i) in clause (1)(a)(i) omit "or one
carcase";
(ii) in clause (1)(a)(ii) omit "or carcases";
20 (b) in Part XVIIA, omit "sold over the hooks
where the carcase is purchased on a weight
sale basis after the animal has been
slaughtered";
(c) in Part XVIII, omit "sold over the hooks if
25 the carcase is purchased on a weight sale
basis after the pig has been slaughtered".
8
532051B.I1-12/5/98
Livestock Disease Control (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
9
532051B.I1-12/5/98
Livestock Disease Control (Amendment) Act 1998
Act No.
10
532051B.I1-12/5/98
[Index] [Search] [Download] [Related Items] [Help]