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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Livestock Disease Control (Amendment) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Purposes and objectives 2
4. Swill feeding of pigs 2
5. Appropriations for liabilities of the Fund 3
6. New section 79C substituted 3
79C. Compensation payable for Johne's and declared diseases 3
7. Protection of control programs 3
8. Inspectors 4
9. New section 138A inserted 5
138A. Supreme Court--limitation of jurisdiction 5
10. Plant Health and Plant Products--inspectors 6
ENDNOTES 8
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PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 2003
A BILL
to amend the Livestock Disease Control Act 1994 and the Plant
Health and Plant Products Act 1995 and for other purposes.
Livestock Disease Control (Amendment)
Act 2003
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are to amend--
(a) the Livestock Disease Control Act 1994 to
make further provision for the prevention,
5 monitoring and control of exotic livestock
diseases; and
(b) the Plant Health and Plant Products Act
1995 to make further provision for the
control and eradication of exotic diseases.
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Livestock Disease Control (Amendment) Act 2003
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Purposes and objectives
5 See:
(1) In section 1 of the Livestock Disease Control Act No.
Act 1994 after "the" insert "prevention,". 115/1994.
Reprint No. 4
as at
1 July 2001
and
amending
Act Nos
84/2001 and
89/2001.
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(2) In section 4 of the Livestock Disease Control
Act 1994--
(a) in paragraphs (a) and (b) after "by" insert
10 "preventing,";
(b) in paragraph (c) after "the" insert
"preventing,";
(c) in paragraph (d) for "diseases" substitute
"diseases;";
15 (d) after paragraph (d) insert--
"(e) to facilitate the operation of livestock
identification and tracking programs for
disease and residue control and market
access.".
20 4. Swill feeding of pigs
In section 41(1) of the Livestock Disease Control
Act 1994--
(a) in paragraphs (a), (b) and (c) after "mammal"
insert "or that has been in direct contact with
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Livestock Disease Control (Amendment) Act 2003
s. 5
Act No.
material originating from a placental
mammal";
(b) in paragraph (c) for "pig." substitute "pig;
or";
5 (c) after paragraph (c) insert--
"(d) supply to another person material that
originates from a placental mammal or
that has been in direct contact with
material originating from a placental
10 mammal that the person supplying the
material knows is for use for feeding to
any pig.".
5. Appropriations for liabilities of the Fund
Section 79B(4) of the Livestock Disease Control
15 Act 1994 is repealed.
6. New section 79C substituted
For section 79C of the Livestock Disease Control
Act 1994 substitute--
"79C. Compensation payable for Johne's and
20 declared diseases
Compensation is only payable under this
Division in respect of--
(a) Johne's Disease; or
(b) any other disease that is declared by
25 Order in Council published in the
Government Gazette to be a
compensatable disease in respect of
sheep or goats.".
7. Protection of control programs
30 (1) For section 105(1) of the Livestock Disease
Control Act 1994 substitute--
"(1) The Secretary may by order in writing certify
that--
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Livestock Disease Control (Amendment) Act 2003
s. 8
Act No.
(a) an outbreak of an exotic disease exists
in any part or area of Victoria; or
(b) an outbreak of an exotic disease exists
in any other part or area of Australia
5 outside Victoria and it is necessary or
expedient to take action or to make any
authorisation or declaration under this
Act to prevent, or reduce the risk of, the
spread of the disease to Victoria.".
10 (2) In section 105(2) of the Livestock Disease
Control Act 1994, after "disease" insert
"(whether within Victoria or any other part or area
of Australia referred to in an order under sub-
section (1)(b))".
15 8. Inspectors
(1) For section 108(2) of the Livestock Disease
Control Act 1994 substitute--
"(2) If the Secretary makes an order under
section 105 that an outbreak of exotic disease
20 exists in any part or area of Victoria or in
any part or area of Australia, the Secretary
may, by instrument appoint--
(a) any suitably qualified person to be an
inspector;
25 (b) members of the Police Force of
Victoria or persons employed or
engaged by emergency services
agencies within the meaning of the
Emergency Management Act 1986 to
30 be inspectors--
for the purposes of all or any of the
provisions of this Act and in respect of all or
any livestock specified in the instrument for
the period that the order remains in force.
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Livestock Disease Control (Amendment) Act 2003
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(2A) A person in a class of persons appointed
under sub-section (2)(b) may perform all of
the functions and exercise all of the powers
of an inspector under Division 3 of this
5 Part.".
(2) In section 108(3) and (4) of the Livestock Disease
Control Act 1994 after "inspector" (where first
occurring) insert "appointed under sub-section (1)
or (2)(a)".
10 (3) After section 108(4) of the Livestock Disease
Control Act 1994 insert--
"(5) An inspector appointed under sub-section
(2)(b) must, in the course of performing his
or her functions or exercising his or her
15 powers under this Act, produce to any person
who requests its production--
(a) his or her identification as a member of
the Police Force or a person employed
or engaged by an emergency services
20 agency; and
(b) in the case of a person employed or
engaged by an emergency services
agency, a copy of the instrument of
appointment under sub-section (2)(b).".
25 9. New section 138A inserted
After section 138 of the Livestock Disease
Control Act 1994 insert--
"138A. Supreme Court--limitation of jurisdiction
It is the intention of section 105(2) (as
30 amended by section 7(2) of the Livestock
Disease Control (Amendment) Act 2003)
to alter or vary section 85 of the
Constitution Act 1975.".
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Livestock Disease Control (Amendment) Act 2003
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Act No.
10. Plant Health and Plant Products--inspectors
See:
(1) In section 51(1) of the Plant Health and Plant Act No.
Products Act 1995 for "and plant products or any 51/1995.
Reprint No. 1
plant or plant product" substitute ", plant as at
5 products, plant vectors, used packages and 8 August 1997
and
agricultural equipment and soil or any plant, plant amending
product, plant vector, used package or agricultural Act Nos
26/1998,
equipment or soil". 46/1998,
52/1998,
83/1998,
62/2000 and
44/2002.
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(2) After section 51(1) of the Plant Health and Plant
10 Products Act 1995 insert--
"(1A) If the Minister makes an order under
section 17 or 20 declaring a quarantine area
or restricted area, the Secretary may, by
instrument, appoint members of the Police
15 Force of Victoria or persons employed or
engaged by emergency services agencies
within the meaning of the Emergency
Management Act 1986 to be inspectors for
the purposes of all or any of the provisions of
20 this Act and in respect of all plants, plant
products, plant vectors, used packages or
agricultural equipment or soil or any plant,
plant product, plant vector, used package or
agricultural equipment or soil specified in
25 the order for the period the order remains in
force.
(1B) A person in a class of persons appointed
under sub-section (1A) may perform all of
the functions and exercise all of the powers
30 of an inspector under Part 8.".
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Livestock Disease Control (Amendment) Act 2003
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Act No.
(3) In section 51(5) of the Plant Health and Plant
Products Act 1995 after "each inspector" insert
"appointed under sub-section (1)".
(4) In section 51(6) of the Plant Health and Plant
5 Products Act 1995 after "inspector" insert
"appointed under sub-section (1)".
(5) After section 51(6) of the Plant Health and Plant
Products Act 1995 insert--
"(7) An inspector appointed under sub-section
10 (1A) must, in the course of performing his or
her functions or exercising his or her powers
under this Act, produce to any person who
requests its production--
(a) his or her identification as a member of
15 the Police Force or a person employed
or engaged by an emergency services
agency; and
(b) in the case of a person employed or
engaged by an emergency services
20 agency, a copy of the instrument of
appointment under sub-section (1A).".
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Livestock Disease Control (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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