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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Biosecurity and Agriculture Management
(Repeal and Consequential Provisions) Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Meaning of terms used in this Act 3
Part 2 -- Repeals, transitional
provisions and consequential
amendments
Division 1 -- Preliminary
4. Application of Interpretation Act 1984 5
5. Transitional regulations 6
6. Regulations under repealed Acts: transitional
provisions 7
7. Construction of references in written laws 7
Division 2 -- Agriculture Act 1988
Subdivision 1 -- Repeal and consequential
amendments
8. Repeal 8
9. Animal Welfare Act 2002 amended 8
10. Health Act 1911 amended 8
11. Land Administration Act 1997 amended 9
Subdivision 2 -- Transitional and savings provisions
12. Terms used in this Subdivision 9
13. Authority is successor in title of former holder 10
14. Devolution of assets and liabilities 10
15. Certain Crown land 10
16. Certain intellectual property 11
117--2B page i
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Contents
17. Agreements and instruments generally 11
Division 3 -- Aerial Spraying Control Act 1966
18. Repeal 11
19. Transitional provision 12
Division 4 -- Agricultural Produce (Chemical
Residues) Act 1983
20. Repeal 12
Division 5 -- Agricultural Products Act 1929
Subdivision 1 -- Repeal and consequential
amendments
21. Repeal 12
22. Constitution Acts Amendment Act 1899 amended 12
23. Consumer Affairs Act 1971 amended 13
Subdivision 2 -- Transitional and savings provisions
24. Meaning of terms used in this Subdivision 13
25. Funds in, or payable to, former account 13
26. Reference to former account 14
Division 6 -- Agriculture and Related Resources
Protection Act 1976
Subdivision 1 -- Repeal and consequential
amendments
27. Repeal 14
28. Bush Fires Act 1954 amended 14
29. Consumer Affairs Act 1971 amended 15
Subdivision 2 -- Transitional and savings provisions
30. Meaning of terms used in this Subdivision 15
31. Rates on pastoral leases 16
32. Funds in, or payable to, former account 16
33. Reference to former account 16
Division 7 -- Agriculture Protection Board
Act 1950
Subdivision 1 -- Repeal and consequential
amendments
34. Repeal 16
35. Constitution Acts Amendment Act 1899 amended 17
36. Financial Management Act 2006 amended 17
37. Firearms Act 1973 amended 17
page ii
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Contents
38. Plant Pests and Diseases (Eradication Funds)
Act 1974 amended 19
4A. Authority has functions of Protection
Board 19
39. Public Sector Management Act 1994 amended 20
Subdivision 2 -- Transitional provisions
40. Meaning of terms used in this Subdivision 20
41. Funds in, or payable to, former account 21
42. Devolution of assets and liabilities 21
43. Proceeds of sale of certain assets 21
44. Exemption from State taxation 22
45. Agreements and instruments generally 22
46. Immunity continues 22
47. Registration of documents 23
48. Saving 23
Division 8 -- Argentine Ant Act 1968
49. Repeal 23
Division 9 -- Artificial Breeding of Stock
Act 1965
50. Repeal 24
51. Constitution Acts Amendment Act 1899 amended 24
Division 10 -- Beekeepers Act 1963
52. Repeal 24
Division 11 -- Cattle Industry Compensation
Act 1965
Subdivision 1 -- Repeal and consequential
amendments
53. Repeal 24
54. Sentencing Act 1995 amended 24
55. Stamp Act 1921 amended 25
Subdivision 2 -- Transitional provisions
56. Meaning of terms used in this Subdivision 25
57. Compensation claims made before repeal 25
58. Funds in, or payable to, former account 25
59. Reference to former account 26
Division 12 -- Fertilizers Act 1977
60. Repeal 26
61. Consumer Affairs Act 1971 amended 26
page iii
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Contents
Division 13 -- Plant Diseases Act 1914
Subdivision 1 -- Repeal and consequential
amendments
62. Repeal 27
63. Agricultural Produce Commission Act 1988
amended 27
12A. Powers of officers, employees and other
persons 27
64. Consumer Affairs Act 1971 amended 28
Subdivision 2 -- Savings and transitional provisions
65. Meaning of terms used in this Subdivision 28
66. Funds in, or payable to, former account 29
67. Reference to former account 29
Division 14 -- Plant Pests and Diseases
(Eradication Funds) Act 1974
Subdivision 1 -- Repeal and consequential
amendment
68. Repeal 29
69. Bulk Handling Act 1967 amended 30
34D. Company authorised to pay certain
statutory contributions 30
Subdivision 2 -- Transitional provisions
70. Meaning of terms used in this Subdivision 31
71. Compensation claims made before repeal 31
72. Transfer and payment of skeleton weed moneys to
relevant account 32
73. Application of other Funds under the repealed Act 32
Division 15 -- Seeds Act 1981
74. Repeal 33
75. Consumer Affairs Act 1971 amended 33
Division 16 -- Stock Diseases (Regulations)
Act 1968
76. Repeal 33
77. Auction Sales Act 1973 amended 33
78. Cattle Industry Compensation Act 1965 amended 34
page iv
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Contents
Division 17 -- Stock (Identification and
Movement) Act 1970
Subdivision 1 -- Repeal and consequential
amendment
79. Repeal 35
80. Soil and Land Conservation Act 1945 amended 35
Subdivision 2 -- Transitional provision
81. Brands 36
Division 18 -- Veterinary Chemical Control and
Animal Feeding Stuffs Act 1976
82. Repeal 36
83. Consumer Affairs Act 1971 amended 37
Part 3 -- Amendments consequential
to enactment of Biosecurity and
Agriculture Management
Act 2006
84. Animal Welfare Act 2002 amended 38
85. Cattle Industry Compensation Act 1965 amended 38
86. Consumer Affairs Act 1971 amended 39
87. Country Areas Water Supply Act 1947 amended 39
88. Exotic Diseases of Animals Act 1993 amended 39
Division 3 -- Stock on Crown land
28A. Control of stock on Crown land in
proclaimed areas 40
89. Fish Resources Management Act 1994 amended 42
90. Land Administration Act 1997 amended 43
91. Local Government (Miscellaneous Provisions)
Act 1960 amended 44
92. Plant Pests and Diseases (Eradication Funds)
Act 1974 amended 44
93. Poisons Act 1964 amended 47
94. Taxation Administration Act 2003 amended 47
95. Wildlife Conservation Act 1950 amended 48
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Biosecurity and Agriculture Management
(Repeal and Consequential Provisions) Bill 2006
A Bill for
An Act --
· to repeal various Acts;
· to amend certain other Acts; and
· for purposes relating to those repeals and amendments and to
the enactment of the Biosecurity and Agriculture Management
Act 2006.
The Parliament of Western Australia enacts as follows:
page 1
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Biosecurity and Agriculture Management (Repeal
and Consequential Provisions) Act 2006.
5 2. Commencement
(1) Subject to subsections (3), (4) and (5) this Act comes into
operation on a day to be fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 (3) Section 34 is not to come into operation before the Minister has
certified, by written notice delivered to the Governor, that each
person employed by the APB on the day on which this section
comes into operation has --
(a) become an officer of an organisation within the meaning
15 of the Public Sector Management Act 1994; or
(b) been registered under the Public Sector Management
(Redeployment and Redundancy) Regulations 1994
Part 4; or
(c) resigned or otherwise ceased employment as an officer
20 of the APB.
(4) Section 53 is not to come into operation before the Minister has
certified, by written notice delivered to the Governor, that --
(a) a prescribed account, as defined in the BAM Act
section 140, has been established under that Act for the
25 cattle industry; and
(b) adequate provision has been made for compensation
from that account in relation to cattle that are destroyed
under that Act because of a disease in respect of which a
declaration for the purposes of the Cattle Industry
30 Compensation Act 1965 section 8 was in effect
page 2
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Preliminary Part 1
s. 3
immediately before the coming into operation of
section 53.
(5) Section 68 is not to come into operation before the Minister has
certified, by written notice delivered to the Governor, that --
5 (a) a prescribed account, as defined in the BAM Act
section 140, has been established under that Act for the
grain and seed crops industry; and
(b) adequate provision has been made for compensation
from the account in relation to grain, seed, crop or bags
10 destroyed in the course of steps taken under that Act to
control skeleton weed or any plant disease in respect of
which a designation under the Plant Pests and Diseases
(Eradication Funds) Act 1974 section 4(2) was in effect
immediately before the coming into operation of
15 section 68.
3. Meaning of terms used in this Act
In this Act --
"APB" means the Agriculture Protection Board established by
the Agriculture Protection Board Act 1950;
20 "assets" means --
(a) property of every kind whether tangible or intangible,
real or personal, corporeal or incorporeal; and
(b) without limiting paragraph (a) includes choses in
action, goodwill, rights, interests and claims of every
25 kind in or to property, whether arising from, accruing
under, created or evidenced by or the subject of, an
instrument or otherwise and whether liquidated or
unliquidated, actual, contingent or prospective;
"BAM Act" means the Biosecurity and Agriculture
30 Management Act 2006;
"Director General" means the chief executive officer of the
department principally assisting in the administration of the
Biosecurity and Agriculture Management Act 2006;
page 3
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 1 Preliminary
s. 3
"liability" means any liability, duty or obligation whether
actual, contingent or prospective, liquidated or
unliquidated, or whether owed alone or jointly or jointly
and severally with any other person;
5 "right" means any right, power, privilege or immunity whether
actual, prospective or contingent.
page 4
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Preliminary Division 1
s. 4
Part 2 -- Repeals, transitional provisions and
consequential amendments
Division 1 -- Preliminary
4. Application of Interpretation Act 1984
5 (1) In this section --
"authorisation" includes a licence, permit, registration,
approval, accreditation or certification.
(2) Subject to any regulations made under subsection (4), the
provisions of the Interpretation Act 1984 (for example,
10 sections 16(1), 36 and 38) about the repeal of written laws and
the substitution of other written laws for those so repealed apply
to the repeal of an Act mentioned in this Part as if that Act were
repealed and re-enacted by the BAM Act.
(3) The other provisions of this Act are additional to the provisions
15 applied by subsection (2) and do not affect the operation of the
provisions applied by subsection (2).
(4) The Governor may make regulations under the BAM Act in
relation to issues arising as a consequence of the operation of
subsection (2).
20 (5) Regulations made under subsection (4) may --
(a) include provisions that modify the operation of another
written law or otherwise have effect despite another
written law; and
(b) provide that an order, notice, direction, requisition or
25 authorisation made or given under an Act repealed under
Part 2 is to be taken to be an order, notice, direction,
requisition or authorisation made or given under a
provision of the BAM Act, or regulations made under
that Act, specified in the regulations; and
page 5
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 1 Preliminary
s. 5
(c) provide that subsection (2) does not apply to an order,
notice, direction, requisition or authorisation specified in
the regulations.
(6) Regulations made under subsection (4) in relation to a matter
5 referred to in subsection (5)(a) or (c) must be made within such
period as is reasonably and practicably necessary to deal with a
transitional matter that arises as a result of the enactment of this
Act or the BAM Act.
5. Transitional regulations
10 (1) If there is no sufficient provision in this Act for dealing with an
issue or matter of a transitional nature that arises as a result of
the enactment of this Act or the BAM Act, regulations under
this Act may prescribe all matters that are required or necessary
or convenient to be prescribed for dealing with the matter or
15 issue.
(2) Without limiting subsection (1), regulations made under that
subsection may provide that specified provisions of a written
law --
(a) do not apply; or
20 (b) apply with specified modifications,
to or in relation to any matter.
(3) If regulations made under subsection (1) provide that a specified
state of affairs is to be taken to have existed, or not to have
existed, on and from a day that is earlier than the day on which
25 the regulations are published in the Gazette but not earlier than
the day on which the BAM Act comes into operation, the
regulations have effect according to their terms.
(4) In subsections (2) and (3) --
"specified" means specified or described in the regulations.
page 6
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Preliminary Division 1
s. 6
(5) If regulations contain a provision referred to in subsection (3),
the provision does not operate so as to --
(a) affect in a manner prejudicial to any person (other than
the State, an authority of the State or a local
5 government), the rights of that person existing before
the day of publication of those regulations; or
(b) impose liabilities on any person (other than the State, an
authority of the State or a local government) in respect
of anything done or omitted to be done before the day of
10 publication of those regulations.
(6) Regulations made under subsection (1) in relation to a matter
referred to in subsection (2) must be made within such period as
is reasonably and practicably necessary to deal with a
transitional matter that arises as a result of the enactment of this
15 Act or the BAM Act.
6. Regulations under repealed Acts: transitional provisions
Regulations made under the BAM Act may set out --
(a) such provisions of a savings and transitional nature as
are necessary or convenient for the purposes of dealing
20 with matters that are incidental to or consequential on
the amendment or repeal of regulations made under a
repealed Act; and
(b) such provisions of a transitional nature as are necessary
or convenient to deal with a regulation made under a
25 repealed Act ceasing to have effect because there is not
power to make that regulation under the BAM Act.
7. Construction of references in written laws
Unless the context otherwise requires, a reference in a written
law to an enactment repealed by this Act includes a reference to
30 the corresponding provision, if any, of the BAM Act.
page 7
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 2 Agriculture Act 1988
s. 8
Division 2 -- Agriculture Act 1988
Subdivision 1 -- Repeal and consequential amendments
8. Repeal
The Agriculture Act 1988 is repealed.
5 9. Animal Welfare Act 2002 amended
(1) The amendments in this section are to the Animal Welfare
Act 2002*.
[* Act No. 33 of 2002.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2005, Table 1, and Act
No. 28 of 2006.]
(2) Section 5(1) is amended in the definition of "Agriculture WA"
by deleting "Agriculture Act 1988;" and inserting instead --
" Biosecurity and Agriculture Management Act 2006; ".
15 10. Health Act 1911 amended
(1) The amendments in this section are to the Health Act 1911*.
[* Reprint 13 as at 15 July 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Acts
20 Nos. 34 of 2004, 5, 23 and 28 of 2006.]
(2) Section 246B(2)(c) is deleted and the following paragraph is
inserted instead --
"
(c) one shall be the chief executive officer of the
25 department principally assisting in the
administration of the Biosecurity and
Agriculture Management Act 2006, or an
page 8
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Agriculture Act 1988 Division 2
s. 11
officer of that department nominated by that
chief executive officer;
".
11. Land Administration Act 1997 amended
5 (1) The amendments in this section are to the Land Administration
Act 1997*.
[* Reprint 2 as at 24 June 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Acts
10 Nos. 18, 25, 38 of 2005 and 28 of 2006.]
(2) Section 97(1)(b) is deleted and the following paragraph is
inserted instead --
"
(b) one is to be the chief executive officer of the
15 department principally assisting in the
administration of the Biosecurity and
Agriculture Management Act 2006, or his or
her appointee from time to time;
".
20 Subdivision 2 -- Transitional and savings provisions
12. Terms used in this Subdivision
In this Subdivision, unless the contrary intention appears --
"Authority" means the Western Australian Agriculture
Authority established under the Biosecurity and
25 Agriculture Management Act 2006;
"commencement day" means the day on which section 8
comes into operation;
"former holder" means the Chief Executive Officer of the
Department of Agriculture established as a body corporate
30 under the repealed Act section 8;
"repealed Act" means the Agriculture Act 1988.
page 9
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 2 Agriculture Act 1988
s. 13
13. Authority is successor in title of former holder
On commencement day the former holder is succeeded by the
Authority.
14. Devolution of assets and liabilities
5 On and after the commencement day --
(a) the assets and rights of the former holder that were
immediately before that day vested in the former holder
vest in the Authority by force of this section; and
(b) the liabilities of the former holder (including a share of a
10 liability) immediately before that day become, by force
of this section, the liabilities of the Authority; and
(c) any proceeding or remedy that immediately before that
day might have been brought or continued by or
available against or to the former holder, may be
15 brought or continued and are available, by or against or
to the Authority; and
(d) all records and data of the former holder pass to the
Authority.
15. Certain Crown land
20 Crown land that, immediately before the commencement day, is
under the care, control and management of the former holder is
to be regarded as if it had, at that time --
(a) been reserved under the Land Administration Act 1997
section 41 for the purposes of the Biosecurity and
25 Agriculture Management Act 2006; and
(b) under the Land Administration Act 1997 section 46,
been placed under the care, control, and management of
the Authority for those purposes.
page 10
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Aerial Spraying Control Act 1966 Division 3
s. 16
16. Certain intellectual property
(1) On the commencement day any intellectual property, or right to
apply for, hold, receive, exploit or dispose of intellectual
property, that the State has immediately before that day is, by
5 operation of this section, assigned to the Authority.
(2) In subsection (1) --
"intellectual property" means intellectual property created in
the performance of functions under the repealed Act.
(3) The Minister may certify in writing that a specified intellectual
10 property right was, or was not, created, acquired or held for the
purposes of the repealed Act, and such a certificate is conclusive
evidence of that fact, unless the contrary is shown.
17. Agreements and instruments generally
Any agreement or instrument subsisting immediately before the
15 commencement day --
(a) to which the former holder was a party; or
(b) which contains a reference to the former holder,
has effect on and after the commencement day as if --
(c) the Authority were substituted for the former holder as a
20 party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the
former holder were (unless the context otherwise
requires) amended to be or include a reference to the
Authority.
25 Division 3 -- Aerial Spraying Control Act 1966
18. Repeal
The Aerial Spraying Control Act 1966 is repealed.
page 11
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 4 Agricultural Produce (Chemical Residues) Act 1983
s. 19
19. Transitional provision
(1) In this section --
"aerial spraying" has the same meaning as in the repealed Act;
"repealed Act" means the Aerial Spraying Control Act 1966.
5 "spray drift" has the same meaning as in the repealed Act;
(2) Sections 14(4), (5) and (6) and 15 of the repealed Act continue
to apply in relation to aerial spraying carried out before the
coming into operation of this section, and in relation to any
spray drift from that aerial spraying.
10 Division 4 -- Agricultural Produce (Chemical Residues) Act 1983
20. Repeal
The Agricultural Produce (Chemical Residues) Act 1983 is
repealed.
Division 5 -- Agricultural Products Act 1929
15 Subdivision 1 -- Repeal and consequential amendments
21. Repeal
The Agricultural Products Act 1929 is repealed.
22. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this section are to the Constitution Acts
20 Amendment Act 1899*.
[* Reprint 14 as at 21 April 2006.
For subsequent amendments see Acts Nos. 5 and 28 of 2006.]
(2) Schedule V Part 3 is amended by deleting "The Apple Sales
Advisory Committee constituted under the Agricultural
25 Products Act 1929.".
page 12
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Agricultural Products Act 1929 Division 5
s. 23
(3) Schedule V Part 3 is amended by deleting "The Citrus Sales
Advisory Committee constituted under the Agricultural
Products Act 1929.".
(4) Schedule V Part 3 is amended by deleting "The Stone-Fruit
5 Sales Advisory Committee constituted under the Agricultural
Products Act 1929.".
23. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971*.
10 [* Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2) The Schedule is amended by deleting "Agricultural Products
Act 1929.".
Subdivision 2 -- Transitional and savings provisions
15 24. Meaning of terms used in this Subdivision
In this Subdivision --
"commencement day" means the day on which section 21
comes into operation;
"former account" means the Agricultural Products Act
20 Modified Penalties Revenue Fund established under the
repealed Act section 8B;
"repealed Act" means the Agricultural Products Act 1929.
25. Funds in, or payable to, former account
(1) On the commencement day any moneys standing to the credit of
25 the former account are to be credited to the Modified Penalties
Revenue Account established under the BAM Act to be
applied --
(a) in the payment of any liabilities of the former account
which arose before the commencement day; and
page 13
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 6 Agriculture and Related Resources Protection Act 1976
s. 26
(b) for the purposes set out in the BAM Act section 149,
and the former account is then to be closed.
(2) The Modified Penalties Revenue Account established under the
BAM Act is to be credited with any money that became payable
5 to the former account before the commencement day and that is
paid after that day.
26. Reference to former account
If in an agreement, instrument or other document there is a
reference to the former account, that reference is, unless the
10 context otherwise requires, to be read and have effect on and
after the commencement day as if it were a reference to the
Modified Penalties Revenue Account established under the
BAM Act.
Division 6 -- Agriculture and Related Resources Protection
15 Act 1976
Subdivision 1 -- Repeal and consequential amendments
27. Repeal
(1) The Agriculture and Related Resources Protection Act 1976 is
repealed on a day to be fixed by proclamation.
20 (2) Different days may be fixed under subsection (1) for different
provisions.
28. Bush Fires Act 1954 amended
(1) The amendments in this section are to the Bush Fires Act 1954*.
[* Reprint 7 as at 3 March 2006.
25 For subsequent amendments see Act No. 28 of 2006.]
page 14
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Agriculture and Related Resources Protection Act 1976 Division 6
s. 29
(2) Section 26(5) is repealed and the following subsection is
inserted instead --
"
(5) In this section "plant" does not include a plant that is a
5 declared pest as that term is defined by the Biosecurity
and Agriculture Management Act 2006.
".
(3) Section 26A(1) is amended by deleting "A plant that is a
declared plant within the meaning of the Agriculture and
10 Related Resources Protection Act 1976" and inserting
instead --
"
A plant that is a declared pest as that term is defined by
the Biosecurity and Agriculture Management Act 2006
15 ".
29. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971*.
[* Reprint 5 as at 16 June 2006.
20 For subsequent amendments see Act No. 28 of 2006.]
(2) The Schedule is amended by deleting "Agriculture and Related
Resources Protection Act 1976.".
Subdivision 2 -- Transitional and savings provisions
30. Meaning of terms used in this Subdivision
25 In this Subdivision --
"commencement day" means the day on which the repealed
Act Part V Division 6 is repealed;
"former account" means the Declared Plants and Animals
Control Fund referred to in the repealed Act section 65;
page 15
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 7 Agriculture Protection Board Act 1950
s. 31
"repealed Act" means the Agriculture and Related Resources
Protection Act 1976.
31. Rates on pastoral leases
Despite section 27, the repealed Act Part V Division 6, as in
5 force immediately before the commencement day, continues to
apply in relation to a rate payable under that Division for a
financial year commencing before the commencement day.
32. Funds in, or payable to, former account
(1) On the commencement day any moneys standing to the credit of
10 the former account are to be credited to the Declared Pest
Account established under the BAM Act to be applied --
(a) in the payment of any liabilities of the former account
which arose before the commencement day; and
(b) for the purposes set out in the BAM Act section 138,
15 and the former account is then to be closed.
(2) The Declared Pest Account established under the BAM Act is to
be credited with any money that became payable to the former
account before the commencement day and that is paid after that
day.
20 33. Reference to former account
If in an agreement, instrument or other document there is a
reference to the former account, that reference is, unless the
context otherwise requires, to be read and have effect on and
after the commencement day as if it were a reference to the
25 Declared Pest Account established under the BAM Act.
Division 7 -- Agriculture Protection Board Act 1950
Subdivision 1 -- Repeal and consequential amendments
34. Repeal
The Agriculture Protection Board Act 1950 is repealed.
page 16
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Agriculture Protection Board Act 1950 Division 7
s. 35
35. Constitution Acts Amendment Act 1899 amended
(1) The amendment in this section is to the Constitution Acts
Amendment Act 1899*.
[* Reprint 14 as at 21 April 2006.
5 For subsequent amendments see Acts Nos. 5 and 28 of 2006.]
(2) Schedule V Part 3 is amended by deleting "The Agriculture
Protection Board of Western Australia constituted under the
Agriculture Protection Board Act 1950.".
36. Financial Management Act 2006 amended
10 (1) The amendment in this section is to the Financial Management
Act 2006*.
[* Act No. 76 of 2006.]
(2) Schedule 1 is amended by deleting "The Agriculture Protection
Board of Western Australia".
15 37. Firearms Act 1973 amended
(1) The amendments in this section are to the Firearms Act 1973*.
[* Reprint 4 as at 1 July 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1.]
20 (2) Section 17B(1) is amended by deleting "officer or employee of
the Board" and inserting instead --
" agriculture inspector ".
(3) Section 17B(3) is amended as follows:
(a) by deleting "officer or employee" and inserting
25 instead --
" agriculture inspector ";
page 17
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 7 Agriculture Protection Board Act 1950
s. 37
(b) in paragraph (c) by deleting "common starlings Sturnus
vulgaris" and inserting instead --
"
birds that are declared pests under the
5 Biosecurity and Agriculture Management
Act 2006
".
(4) Section 17B(4) is amended as follows:
(a) by deleting "officer or employee" and inserting
10 instead --
" agriculture inspector ";
(b) by deleting "the Board" and inserting instead --
" the Director General ".
(5) Section 17B(6) is amended by deleting "officer or employee of
15 the Board" and inserting instead --
" agriculture inspector ".
(6) Section 17B(7) is amended by deleting "the Board" in both
places where it occurs and inserting instead --
" the department ".
20 (7) Section 17B(8) is amended as follows:
(a) by inserting before the definition of "authority" --
"
"agriculture inspector" means an inspector appointed
under the Biosecurity and Agriculture
25 Management Act 2006 section 162;
";
page 18
Biosecurity and Agriculture Management (Repeal and Consequential
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Repeals, transitional provisions and consequential Part 2
amendments
Agriculture Protection Board Act 1950 Division 7
s. 38
(b) by inserting after the definition of "Corporate
Licence" --
"
"department" means the department principally
5 assisting in the administration of the Biosecurity
and Agriculture Management Act 2006;
";
(c) in the definition of "silencer" by deleting the semicolon
and inserting instead a full stop;
10 (d) by deleting the definition of "subsection";
(e) by deleting the definition of "the Board".
38. Plant Pests and Diseases (Eradication Funds) Act 1974
amended
(1) The amendments in this section are to the Plant Pests and
15 Diseases (Eradication Funds) Act 1974*.
[* Reprint 2 as at 12 December 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Act
No. 28 of 2006.]
20 (2) After section 4 the following section is inserted --
"
4A. Authority has functions of Protection Board
(1) On and after the coming into operation of the
Biosecurity and Agriculture Management (Repeal and
25 Consequential Provisions) Act 2006 section 34 --
(a) a reference in this Act to the Protection Board
is to be taken to be a reference to the Authority;
and
(b) the Authority has all of the functions conferred
30 on the Protection Board under this Act.
page 19
Biosecurity and Agriculture Management (Repeal and Consequential
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Part 2 Repeals, transitional provisions and consequential
amendments
Division 7 Agriculture Protection Board Act 1950
s. 39
(2) In this section --
"Authority" means the Western Australian
Agriculture Authority established under the
Biosecurity and Agriculture Management
5 Act 2006.
".
39. Public Sector Management Act 1994 amended
(1) The amendment in this section is to the Public Sector
Management Act 1994*.
10 [* Reprint 6 as at 14 May 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Act
No. 18 of 2005 and 28 of 2006.]
(2) Schedule 2 item 48 is deleted.
15 Subdivision 2 -- Transitional provisions
40. Meaning of terms used in this Subdivision
In this Subdivision --
"Authority" means the Western Australian Agriculture
Authority established under the Biosecurity and
20 Agriculture Management Act 2006;
"commencement day" means the day on which section 34
comes into operation;
"Director General" means the chief executive officer of the
department principally assisting in the administration of the
25 Biosecurity and Agriculture Management Act 2006;
"former account" means The Agriculture Protection Board
Fund referred to in the repealed Act section 9;
"repealed Act" means the Agriculture Protection Board
Act 1950.
page 20
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Agriculture Protection Board Act 1950 Division 7
s. 41
41. Funds in, or payable to, former account
(1) On the commencement day any moneys standing to the credit of
the former account are to be credited to the Consolidated
Account and the former account is then to be closed.
5 (2) The Consolidated Account is to be credited with any money that
became payable to the former account before the
commencement day and that is paid after that day.
42. Devolution of assets and liabilities
On and after the commencement day --
10 (a) the assets and rights of the APB that were immediately
before that day vested in the APB vest in the Authority
by force of this section; and
(b) the liabilities of the APB (including a share of a
liability) immediately before that day become, by force
15 of this section, the liabilities of the Authority; and
(c) any proceeding or remedy that immediately before that
day might have been brought or continued by or
available against or to the APB, may be brought or
continued and are available, by or against or to the
20 Authority; and
(d) all records and data of the APB pass to the Authority.
43. Proceeds of sale of certain assets
(1) If any assets vested in the Authority under section 42 that were
purchased from moneys in the Declared Plants and Animals
25 Control Fund referred to in the Agriculture and Related
Resources Protection Act 1976 section 65 are sold, the proceeds
from that sale must be credited to the Declared Pest Account
established under the BAM Act.
(2) If any assets vested in the Authority under section 42 that were
30 purchased from moneys in the Skeleton Weed Eradication Fund
established by the Plant Pests and Diseases (Eradication
page 21
Biosecurity and Agriculture Management (Repeal and Consequential
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Part 2 Repeals, transitional provisions and consequential
amendments
Division 7 Agriculture Protection Board Act 1950
s. 44
Funds) Act 1974 section 5 are sold, the proceeds from that sale
must be credited to the prescribed account referred to in
section 2(5)(a).
(3) The Authority may certify in writing that a specified asset was,
5 or was not, purchased from moneys in a former account, and
such a certificate is conclusive evidence of that fact, unless the
contrary is shown.
44. Exemption from State taxation
(1) In this section --
10 "State tax" includes stamp duty chargeable under the Stamp
Act 1921 and any other tax, duty, fee, levy or charge under
a law of the State.
(2) State tax is not payable in relation to anything that occurs by
reason of this Subdivision.
15 45. Agreements and instruments generally
Any agreement or instrument subsisting immediately before the
commencement day --
(a) to which the APB was a party; or
(b) which contains a reference to the APB,
20 has effect on and after the commencement day as if --
(c) the Authority were substituted for the APB as a party to
the agreement or instrument; and
(d) any reference in the agreement or instrument to the APB
were (unless the context otherwise requires) amended to
25 be or include a reference to the Authority.
46. Immunity continues
Despite the repeal of the Agriculture Protection Board
Act 1950, where the APB had the benefit of any immunity in
respect of an act, matter or thing done or omitted before the
page 22
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Argentine Ant Act 1968 Division 8
s. 47
commencement day, that immunity continues in that respect for
the benefit of the State.
47. Registration of documents
The Registrar of Titles is to take notice of the provisions of this
5 Division and is empowered to record and register in the
appropriate manner the necessary documents, and otherwise to
give effect to this Division.
48. Saving
The operation of any provision of this Division is not to be
10 regarded --
(a) as a breach of contract or confidence or otherwise as a
civil wrong; or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
15 assets, rights or liabilities or the disclosure of
information; or
(c) as giving rise to any remedy by a party to an instrument
or as causing or permitting the termination of any
instrument, because of a change in the beneficial or legal
20 ownership of any assets, right or liability; or
(d) as causing any contract or instrument to be void or
otherwise unenforceable; or
(e) as releasing or allowing the release of any surety.
Division 8 -- Argentine Ant Act 1968
25 49. Repeal
The Argentine Ant Act 1968 is repealed.
page 23
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 9 Artificial Breeding of Stock Act 1965
s. 50
Division 9 -- Artificial Breeding of Stock Act 1965
50. Repeal
The Artificial Breeding of Stock Act 1965 is repealed.
51. Constitution Acts Amendment Act 1899 amended
5 (1) The amendment in this section is to the Constitution Acts
Amendment Act 1899*.
[* Reprint 14 as at 21 April 2006.
For subsequent amendments see Acts Nos. 5 and 28 of 2006.]
(2) Schedule V Part 3 is amended by deleting "The Artificial
10 Breeding Board constituted under the Artificial Breeding Board
Act 1965.".
Division 10 -- Beekeepers Act 1963
52. Repeal
The Beekeepers Act 1963 is repealed.
15 Division 11 -- Cattle Industry Compensation Act 1965
Subdivision 1 -- Repeal and consequential amendments
53. Repeal
The Cattle Industry Compensation Act 1965 is repealed.
54. Sentencing Act 1995 amended
20 (1) The amendment in this section is to the Sentencing Act 1995*.
[* Reprint 4 as at 12 August 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Act
No. 25 of 2005.]
page 24
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Cattle Industry Compensation Act 1965 Division 11
s. 55
(2) Schedule 1 is amended by deleting the item relating to the
Cattle Industry Compensation Act 1965.
55. Stamp Act 1921 amended
(1) The amendment in this section is to the Stamp Act 1921*.
5 [* Reprint 16 as at 12 May 2006.
For subsequent amendments see Act No. 31 of 2006.]
(2) The Second Schedule item 3 is deleted.
Subdivision 2 -- Transitional provisions
56. Meaning of terms used in this Subdivision
10 In this Subdivision --
"commencement day" means the day on which section 53
comes into operation;
"former account" means the Cattle Industry Compensation
Fund established under the repealed Act section 21;
15 "repealed Act" means the Cattle Industry Compensation
Act 1965.
57. Compensation claims made before repeal
Despite section 53, an application for compensation under the
repealed Act that arose but that was not fully dealt with before
20 the commencement day is to be dealt with under the repealed
Act as if the Act had not been repealed.
58. Funds in, or payable to, former account
(1) On the commencement day any moneys standing to the credit of
the former account are to be credited to an account established
25 for the cattle industry under the BAM Act section 141 to be
applied --
(a) in the payment of compensation payable on an
application referred to in section 57 made under the
repealed Act; and
page 25
Biosecurity and Agriculture Management (Repeal and Consequential
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Part 2 Repeals, transitional provisions and consequential
amendments
Division 12 Fertilizers Act 1977
s. 59
(b) in the payment of any liabilities of the former account
which arose before the commencement day; and
(c) for the purposes set out in the regulations under the
BAM Act section 141 establishing the account for the
5 cattle industry,
and the former account is then to be closed.
(2) The account established for the cattle industry under the
BAM Act section 141 is to be credited with any money that
became payable to the former account before the
10 commencement day and that is paid after that day.
59. Reference to former account
If in an agreement, instrument or other document there is a
reference to the former account, that reference is, unless the
context otherwise requires, to be read and have effect on and
15 after the commencement day as if it were a reference to the
account established under the BAM Act section 141 for the
cattle industry.
Division 12 -- Fertilizers Act 1977
60. Repeal
20 The Fertilizers Act 1977 is repealed.
61. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971*.
[* Reprint 5 as at 16 June 2006.
25 For subsequent amendments see Act No. 28 of 2006.]
(2) The Schedule is amended by deleting "Fertilizers Act 1977.".
page 26
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Plant Diseases Act 1914 Division 13
s. 62
Division 13 -- Plant Diseases Act 1914
Subdivision 1 -- Repeal and consequential amendments
62. Repeal
The Plant Diseases Act 1914 is repealed.
5 63. Agricultural Produce Commission Act 1988 amended
(1) The amendment in this section is to the Agricultural Produce
Commission Act 1988*.
[* Reprinted as at 5 April 2002.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2005, Table 1, and Act
No. 28 of 2006.]
(2) After section 12 the following section is inserted --
"
12A. Powers of officers, employees and other persons
15 (1) Any officers, employees and other persons employed
or engaged under section 12(2) by a producers'
committee established to administer a fruit fly foliage
baiting scheme may, when authorised by the
producers' committee, enter any orchard within the
20 specified area to bait or spray all or any of the fruit
trees and fruit vines in the manner and with the
materials determined by the producers' committee.
(2) A person must not enter an orchard under
subsection (1) unless --
25 (a) the person has taken reasonable steps to give
the owner or occupier of the orchard notice of
the intended entry; or
(b) the owner or occupier of the orchard consents
to the entry.
page 27
Biosecurity and Agriculture Management (Repeal and Consequential
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Part 2 Repeals, transitional provisions and consequential
amendments
Division 13 Plant Diseases Act 1914
s. 64
(3) The notice must specify the purpose for which the
entry is required and successive entries for that purpose
are to be regarded as entries to which the notice relates.
(4) The notice must be given not less than 24 hours before
5 the power of entry is exercised.
(5) In subsection (1) --
"orchard" means any land used for the purpose of
growing or cultivating plants, and includes any
garden, farm, vinery, vineyard, and hothouse, any
10 place where any plant is cultivated or where any
plant which has been cultivated is growing;
"specified area" means the portion of the State
specified in a notice under section 11(1)(a)(ii) in
relation to which the producers' committee is
15 established.
".
64. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971*.
20 [* Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2) The Schedule is amended by deleting "Plant Diseases
Act 1914.".
Subdivision 2 -- Savings and transitional provisions
25 65. Meaning of terms used in this Subdivision
In this Subdivision --
"commencement day" means the day on which section 62
comes into operation;
"former account" means the Plant Diseases Modified Penalties
30 Revenue Fund referred to in the repealed Act
section 35AA;
page 28
Biosecurity and Agriculture Management (Repeal and Consequential
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Repeals, transitional provisions and consequential Part 2
amendments
Plant Pests and Diseases (Eradication Funds) Act 1974 Division 14
s. 66
"repealed Act" means the Plant Diseases Act 1914.
66. Funds in, or payable to, former account
(1) On the commencement day any moneys standing to the credit of
the former account are to be credited to the Modified Penalties
5 Revenue Account established under the BAM Act to be
applied --
(a) in the payment of any liabilities of the former account
which arose before the commencement day; and
(b) for the purposes set out in the BAM Act section 149,
10 and the former account is then to be closed.
(2) The Modified Penalties Revenue Account established under the
BAM Act is to be credited with any money that became payable
to the former account before the commencement day and that is
paid after that day.
15 67. Reference to former account
If in an agreement, instrument or other document there is a
reference to the former account, that reference is, unless the
context otherwise requires, to be read and have effect on and
after the commencement day as if it were a reference to the
20 Modified Penalties Revenue Account established under the
BAM Act.
Division 14 -- Plant Pests and Diseases (Eradication Funds)
Act 1974
Subdivision 1 -- Repeal and consequential amendment
25 68. Repeal
The Plant Pests and Diseases (Eradication Funds) Act 1974 is
repealed.
page 29
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 14 Plant Pests and Diseases (Eradication Funds) Act 1974
s. 69
69. Bulk Handling Act 1967 amended
(1) The amendments in this section are to the Bulk Handling
Act 1967*.
[* Reprint 4 as at 5 December 2003.]
5 (2) Section 34D is repealed and the following section is inserted
instead --
"
34D. Company authorised to pay certain statutory
contributions
10 (1) The Company is authorised, without further authority
than this section, to pay, in accordance with the
provisions of --
(a) the Plant Pests and Diseases (Eradication
Funds) Act 1974; or
15 (b) regulations made for the purposes of the
Biosecurity and Agriculture Management
Act 2006 section 141,
the amount of any contribution for which a person who
has delivered any grain or seed to the Company
20 appears to be liable under those provisions.
(2) The amount of a contribution so paid --
(a) is a debt due to the Company by the person in
respect of whom it is paid; and
(b) is a first charge in priority to all claims on the
25 moneys payable to that person in respect of
grain and seed, other than a charge created
under any other section.
(3) Payment of an amount under subsection (1) operates to
discharge the person from liability for that amount.
30 ".
page 30
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Plant Pests and Diseases (Eradication Funds) Act 1974 Division 14
s. 70
(3) Section 51(1)(aa) is amended by deleting "the contribution paid
by the Company in respect of a grower under the Plant Pests
and Diseases (Eradication Funds) Act 1974" and inserting
instead --
5 "
a contribution paid by the Company in respect of a
person in accordance with a written law referred to in
section 34D(1)
".
10 Subdivision 2 -- Transitional provisions
70. Meaning of terms used in this Subdivision
In this Subdivision, unless the contrary intention appears --
"commencement day" means the day on which section 68
comes into operation;
15 "grain and seed crops account" means the prescribed account
referred to in section 2(5)(a);
"repealed Act" means the Plant Pests and Diseases
(Eradication Funds) Act 1974.
71. Compensation claims made before repeal
20 (1) Despite section 68, an application for compensation under the
repealed Act that arose but was not fully dealt with before the
commencement day is to be dealt with under the repealed Act as
if that Act had not been repealed.
(2) The amount of any compensation payable on a claim referred to
25 in subsection (1) is to be paid from the grain and seed crops
account.
page 31
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 14 Plant Pests and Diseases (Eradication Funds) Act 1974
s. 72
72. Transfer and payment of skeleton weed moneys to relevant
account
(1) On and after the commencement day --
(a) all moneys standing to the credit of the Skeleton Weed
5 Eradication Fund established by the repealed Act
section 5 (the "Fund") are to be credited to the grain
and seed crops account, and the Skeleton Weed
Eradication Fund is then to be closed; and
(b) any contribution that --
10 (i) immediately before the commencement day is in
the hands of a receiver under the repealed Act for
payment to the Fund; or
(ii) after the commencement day is deducted as
mentioned in subsection (2),
15 is to be paid to the grain and seed crops account.
(2) Sections 12 and 16 of the repealed Act are taken to continue to
apply after the commencement day in respect of any
contribution that was required to be, but that was not actually,
deducted before that day.
20 73. Application of other Funds under the repealed Act
(1) This section applies to any moneys that after the
commencement day are standing to the credit of --
(a) the Resistant Grain Insects Eradication Fund established
by the repealed Act section 8A; or
25 (b) the Plant Diseases Eradication Fund established by the
repealed Act section 8D.
(2) On the commencement day any moneys referred to in
subsection (1) are to be credited to the grain and seed crops
account, and the funds referred to in subsection (1)(a) and (b)
30 are then to be closed.
page 32
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Seeds Act 1981 Division 15
s. 74
Division 15 -- Seeds Act 1981
74. Repeal
The Seeds Act 1981 is repealed.
75. Consumer Affairs Act 1971 amended
5 (1) The amendment in this section is to the Consumer Affairs
Act 1971*.
[* Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2) The Schedule is amended by deleting "Seeds Act 1981.".
10 Division 16 -- Stock Diseases (Regulations) Act 1968
76. Repeal
The Stock Diseases (Regulations) Act 1968 is repealed.
77. Auction Sales Act 1973 amended
(1) The amendments in this section are to the Auction Sales
15 Act 1973*.
[* Reprinted as at 10 June 1999.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1.]
(2) Section 30(3) is amended by deleting "person appointed as an
20 inspector for the purposes of the Stock Diseases (Regulations)
Act 1968" and inserting instead --
"
inspector appointed under the Biosecurity and
Agriculture Management Act 2006
25 ".
page 33
Biosecurity and Agriculture Management (Repeal and Consequential
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Part 2 Repeals, transitional provisions and consequential
amendments
Division 16 Stock Diseases (Regulations) Act 1968
s. 78
(3) Section 30(4) is amended by deleting "A person appointed as an
inspector for the purposes of the Stock Diseases (Regulations)
Act 1968" and inserting instead --
"
5 An inspector appointed under the Biosecurity and
Agriculture Management Act 2006
".
(4) Section 32(1) is amended by deleting "referred to in section 46
of the Stock (Identification and Movement) Act 1970." and
10 inserting instead --
"
issued under regulations made under the Biosecurity
and Agriculture Management Act 2006.
".
15 78. Cattle Industry Compensation Act 1965 amended
(1) The amendments in this section are to the Cattle Industry
Compensation Act 1965*.
[* Reprint 3 as at 4 November 2005.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2005, Table 1, and Act
No. 28 of 2006.]
(2) Section 6 is amended as follows:
(a) by deleting the definition of "Chief Inspector" and
inserting instead --
25 "
"Chief Inspector" means --
(a) before the coming into operation of the
Biosecurity and Agriculture Management
(Repeal and Consequential Provisions)
30 Act 2006 section 76, the person for the time
being holding the office of Chief Inspector
page 34
Biosecurity and Agriculture Management (Repeal and Consequential
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Repeals, transitional provisions and consequential Part 2
amendments
Stock (Identification and Movement) Act 1970 Division 17
s. 79
of Stock under the Stock Diseases
(Regulations) Act 1968; and
(b) after the coming into operation of that
section, an inspector appointed by the
5 Director General to the office of Chief
Inspector of Stock for the purposes of
this Act;
";
(b) in the definition of "disease" by deleting ", within the
10 meaning of the Stock Diseases (Regulations) Act 1968,";
(c) in the definition of "specified disease" by deleting
"within the meaning of the Stock Diseases (Regulations)
Act 1968,".
Division 17 -- Stock (Identification and Movement) Act 1970
15 Subdivision 1 -- Repeal and consequential amendment
79. Repeal
The Stock (Identification and Movement) Act 1970 is repealed.
80. Soil and Land Conservation Act 1945 amended
(1) The amendment in this section is to the Soil and Land
20 Conservation Act 1945*.
[* Reprint 7 as at 19 May 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2) The Schedule is amended by deleting "Stock (Identification and
Movement) Act 1970".
page 35
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 2 Repeals, transitional provisions and consequential
amendments
Division 18 Veterinary Chemical Control and Animal Feeding Stuffs Act
1976
s. 81
Subdivision 2 -- Transitional provision
81. Brands
(1) In this section --
"commencement day" means the day on which section 79
5 comes into operation;
"repealed Act" means the Stock (Identification and Movement)
Act 1970.
(2) Any stock that was, immediately before the commencement
day, duly branded with a brand registered under the repealed
10 Act, is, for the purposes of the BAM Act, to be taken to be duly
identified with an identifier under the BAM Act.
(3) If a person was, immediately before the commencement day, the
registered owner of a brand registered under the repealed Act --
(a) that brand is to be regarded, for the purposes of the
15 BAM Act, as a registered identifier; and
(b) that person is to be regarded, for the purposes of the
BAM Act, as the registered owner of that identifier.
(4) Subsections (2) and (3) apply, with such modifications and
adaptations as are necessary, to earmarks registered under the
20 repealed Act.
(5) A registration referred to in this section, unless sooner cancelled
or re-registered under the BAM Act, expires 5 years after the
date of registration or re-registration, as the case may be, under
the repealed Act.
25 Division 18 -- Veterinary Chemical Control and Animal Feeding
Stuffs Act 1976
82. Repeal
The Veterinary Chemical Control and Animal Feeding Stuffs
Act 1976 is repealed.
page 36
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Repeals, transitional provisions and consequential Part 2
amendments
Veterinary Chemical Control and Animal Feeding Stuffs Act Division 18
1976
s. 83
83. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971*.
[* Reprint 5 as at 16 June 2006.
5 For subsequent amendments see Act No. 28 of 2006.]
(2) The Schedule is amended by deleting "Veterinary Chemical
Control and Animal Feeding Stuffs Act 1976.".
page 37
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 3 Amendments consequential to enactment of Biosecurity and
Agriculture Management Act 2006
s. 84
Part 3 -- Amendments consequential to enactment of
Biosecurity and Agriculture Management Act 2006
84. Animal Welfare Act 2002 amended
(1) The amendments in this section are to the Animal Welfare
5 Act 2002*.
[* Act No. 33 of 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Act
No. 28 of 2006.]
10 (2) Section 26(2) is repealed and the following section is inserted
instead --
"
(2) In this section --
"stock" has the meaning given to that term in the
15 Biosecurity and Agriculture Management Act 2006
section 6.
".
85. Cattle Industry Compensation Act 1965 amended
(1) The amendments in this section are to the Cattle Industry
20 Compensation Act 1965*.
[* Reprint 3 as at 4 November 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Act
No. 28 of 2006.]
25 (2) Section 6 is amended by deleting the definition of "inspector"
and inserting instead --
"
"inspector" means an inspector appointed under the
Biosecurity and Agriculture Management Act 2006
30 section 162;
".
page 38
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Amendments consequential to enactment of Biosecurity and Part 3
Agriculture Management Act 2006
s. 86
(3) Section 19(b) is amended by deleting "the Stock Diseases
(Regulations) Act 1968" and inserting instead --
" the Biosecurity and Agriculture Management Act 2006 ".
(4) Section 25 is repealed.
5 86. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971*.
[* Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
10 (2) The Schedule is amended by inserting in the appropriate
alphabetical position --
" Biosecurity and Agriculture Management Act 2006. ".
87. Country Areas Water Supply Act 1947 amended
(1) The amendments in this section are to the Country Areas Water
15 Supply Act 1947*.
[* Reprint 7 as at 7 April 2006.
For subsequent amendments see Acts Nos. 25 of 2005 and 28
of 2006.]
(2) Section 12C(1)(c) is amended by deleting "the Agriculture and
20 Related Resources Protection Act 1976" and inserting
instead --
" the Biosecurity and Agriculture Management Act 2006 ".
88. Exotic Diseases of Animals Act 1993 amended
(1) The amendments in this section are to the Exotic Diseases of
25 Animals Act 1993*.
[* Reprint 1 as at 23 January 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1.]
page 39
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 3 Amendments consequential to enactment of Biosecurity and
Agriculture Management Act 2006
s. 88
(2) Section 4(1) is amended as follows:
(a) in the definition of "inspector" by deleting paragraph (d)
and inserting instead --
"
5 (d) an inspector appointed under the Biosecurity
and Agriculture Management Act 2006
section 162;
";
(b) in the definition of "officer" by deleting paragraph (d)
10 and inserting instead --
"
(d) an inspector as that term is defined in the
Biosecurity and Agriculture Management
Act 2006, other than a police officer;
15 ".
(3) Section 6(6) is repealed.
(4) After section 28 the following Division is inserted --
"
Division 3 -- Stock on Crown land
20 28A. Control of stock on Crown land in proclaimed areas
(1) In this section --
"Crown land" means land other than --
(a) land alienated from the Crown; or
(b) land that the Crown has lawfully agreed to
25 alienate; or
(c) land held under a lease lawfully granted by
the Crown;
"stock" has the meaning given to that term in the
Biosecurity and Agriculture Management
30 Act 2006.
page 40
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Amendments consequential to enactment of Biosecurity and Part 3
Agriculture Management Act 2006
s. 88
(2) If it appears to the Governor that it is necessary or
expedient to do so for the purpose of preventing the
spread of an exotic disease or to eradicate or control an
exotic disease in a part of the State, the Governor may
5 by proclamation declare that this section applies to and
in relation to the part of the State specified in the
proclamation.
(3) If a proclamation made under subsection (2) is in force
in relation to a part of the State, then despite any other
10 provision of this Act or any other Act or law to the
contrary --
(a) the property in and right to possession of any
stock that are on Crown land in the part of the
State specified in the proclamation vest in the
15 Crown; and
(b) the Minister may give such directions as the
Minister thinks fit in relation to the treatment,
or disposal, or both the treatment and disposal,
of the stock; and
20 (c) no compensation is payable by or on behalf of
the Crown by reason of the operation of this
section.
(4) A proclamation made under subsection (2) --
(a) must specify the day from which it is to take
25 effect, being a day not earlier than 30 days after
the publication of the proclamation in the
Gazette; and
(b) may be varied or revoked by further
proclamation made by the Governor.
30 ".
page 41
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 3 Amendments consequential to enactment of Biosecurity and
Agriculture Management Act 2006
s. 89
(5) Section 60(3) is amended by inserting after "Stock Diseases
(Regulations) Act 1968" --
"
, as in force immediately before the coming into
5 operation of the Biosecurity and Agriculture
Management Act 2006,
".
89. Fish Resources Management Act 1994 amended
(1) The amendments in this section are to the Fish Resources
10 Management Act 1994*.
[* Reprint 2 as at 11 March 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Act
No.28 of 2006.]
15 (2) Section 4(1) is amended by deleting the definition of "noxious
fish".
(3) Part 9 is repealed.
(4) Section 193 is amended as follows:
(a) by inserting "or" after paragraph (f);
20 (b) by deleting paragraph (g) and "or" after it.
(5) Section 220 is amended as follows:
(a) by inserting "or" after paragraph (b);
(b) by deleting paragraph (c) and "or" after it;
(c) in paragraph (d) by deleting ", (b) or (c)" and inserting
25 instead --
" or (b) ".
page 42
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Amendments consequential to enactment of Biosecurity and Part 3
Agriculture Management Act 2006
s. 90
(6) Section 222(1) is amended by inserting after "regulations" --
"
or the Biosecurity and Agriculture Management
Act 2006
5 ".
(7) Section 224(1)(a) is amended by inserting after "Act" --
"
or the Biosecurity and Agriculture Management
Act 2006
10 ".
(8) Section 258(i) is deleted.
90. Land Administration Act 1997 amended
(1) The amendments in this section are to the Land Administration
Act 1997*.
15 [* Reprint 2 as at 24 June 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Acts
Nos. 18, 25, 38 of 2005 and 28 of 2006.]
(2) Section 111(3) is amended by deleting "declared animals and
20 declared plants on the land under the lease in compliance with
the Agriculture and Related Resources Protection Act 1976"
and inserting instead --
"
declared pests on the land under the lease in
25 compliance with the Biosecurity and Agriculture
Management Act 2006
".
(3) Section 112(2) is amended by deleting "declared animals and
declared plants" and inserting instead --
30 " declared pests ".
page 43
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 3 Amendments consequential to enactment of Biosecurity and
Agriculture Management Act 2006
s. 91
(4) Section 117(a) is deleted and the following paragraph is inserted
instead --
"
(a) the Biosecurity and Agriculture Management
5 Act 2006;
".
91. Local Government (Miscellaneous Provisions) Act 1960
amended
(1) The amendments in this section are to the Local Government
10 (Miscellaneous Provisions) Act 1960*.
[* Reprint 7 as at 16 September 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Act
No. 38 of 2005.]
15 (2) Section 474(7) is amended by deleting ", brand it with the
brands, on the portions, and in the order, prescribed by the
Brands Act 1904, in such manner as to show that the brand is
the last brand at the time imprinted on the beast." and inserting
instead --
20 "
label it with an identifier in accordance with the
Biosecurity and Agriculture Management Act 2006.
".
92. Plant Pests and Diseases (Eradication Funds) Act 1974
25 amended
(1) The amendments in this section are to the Plant Pests and
Diseases (Eradication Funds) Act 1974*.
[* Reprint 2 as at 12 December 2003.
For subsequent amendments see Western Australian
30 Legislation Information Tables for 2005, Table 1, and Act
No. 28 of 2006.]
page 44
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Amendments consequential to enactment of Biosecurity and Part 3
Agriculture Management Act 2006
s. 92
(2) Section 4(1) is amended as follows:
(a) by deleting the definition of "inspector" and inserting
instead --
"
5 "inspector" means an inspector appointed under the
Biosecurity and Agriculture Management
Act 2006;
";
(b) by deleting the definition of "resistant grain insects" and
10 inserting instead --
"
"resistant grain insects" means insects that belong to
a class of animals designated under subsection (3);
".
15 (3) After section 4(2) the following subsection is inserted --
"
(3) The Minister may, for the purposes of the definition of
"resistant grain insects" in subsection (1), by notice
published in the Gazette --
20 (a) designate any class of insects that --
(i) have a detrimental effect on grain; and
(ii) the Protection Board believes, on the
basis of reasonable evidence available
to it, have a resistance to insecticides
25 that are in general use to such an extent
as to render those insecticides
inadequate for the eradication of those
insects;
and
30 (b) amend or revoke a designation made under this
subsection.
".
page 45
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 3 Amendments consequential to enactment of Biosecurity and
Agriculture Management Act 2006
s. 92
(4) Section 9(2b) is amended by deleting "the Plant Diseases
Act 1914" and inserting instead --
" the Biosecurity and Agriculture Management Act 2006 ".
(5) Section 13(1) is amended by deleting "the Agriculture and
5 Related Resources Protection Act 1976 or Plant Diseases
Act 1914" and inserting instead --
" the Biosecurity and Agriculture Management Act 2006 ".
(6) Section 13(4) is amended by deleting "the Agriculture and
Related Resources Protection Act 1976 or Plant Diseases
10 Act 1914" and inserting instead --
" the Biosecurity and Agriculture Management Act 2006 ".
(7) Section 13(6) is amended by deleting "the Agriculture and
Related Resources Protection Act 1976 or Plant Diseases
Act 1914" and inserting instead --
15 " the Biosecurity and Agriculture Management Act 2006 ".
(8) Section 14(2)(a) is amended by deleting "the Agriculture and
Related Resources Protection Act 1976" and inserting
instead --
" the Biosecurity and Agriculture Management Act 2006 ".
20 (9) Section 14(3)(a) is amended by deleting "the Agriculture and
Related Resources Protection (Property Quarantine)
Regulations 1981 made under the Agriculture and Related
Resources Protection Act 1976" and inserting instead --
" the Biosecurity and Agriculture Management Act 2006 ".
page 46
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Amendments consequential to enactment of Biosecurity and Part 3
Agriculture Management Act 2006
s. 93
93. Poisons Act 1964 amended
(1) The amendments in this section are to the Poisons Act 1964*.
[* Reprint 6 as at 10 September 2004.
For subsequent amendments see Western Australian
5 Legislation Information Tables for 2005, Table 1, and Act
No. 28 of 2006.]
(2) Section 32(c) is amended by deleting "by section 69 of the
Agriculture and Related Resources Protection Act 1976 or
section 8(2) of the Agriculture Protection Board Act 1950" and
10 inserting instead --
"
under the Biosecurity and Agriculture
Management Act 2006
".
15 94. Taxation Administration Act 2003 amended
(1) The amendment in this section is to the Taxation Administration
Act 2003*.
[* Reprint 1 as at 14 October 2005.
For subsequent amendments see Western Australian
20 Legislation Information Tables for 2005, Table 1, and Act
No. 38 of 2005.]
(2) After section 3(1)(j) the following paragraphs are inserted --
"
(ja) the Biosecurity and Agriculture Management
25 Act 2006 Part 6 Division 1 Subdivision 2;
(jb) the Biosecurity and Agriculture Management
Rates and Charges Act 2006;
".
page 47
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Part 3 Amendments consequential to enactment of Biosecurity and
Agriculture Management Act 2006
s. 95
95. Wildlife Conservation Act 1950 amended
(1) The amendments in this section are to the Wildlife Conservation
Act 1950*.
[* Reprint 6 as at 3 September 2004.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, and Act
No. 28 of 2006.]
(2) Section 6(5) is amended by deleting "a declared plant within the
meaning of the Agriculture and Related Resources Protection
10 Act 1976" and inserting instead --
"
a declared pest as that term is defined in the
Biosecurity and Agriculture Management Act 2006
".
15
page 48
Biosecurity and Agriculture Management (Repeal and Consequential
Provisions) Bill 2006
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
aerial spraying............................................................................................19(1)
APB................................................................................................................. 3
assets ............................................................................................................... 3
authorisation ............................................................................................... 4(1)
BAM Act ......................................................................................................... 3
commencement day...........................................12, 24, 30, 40, 56, 65, 70, 81(1)
Director General......................................................................................... 3, 40
former account ........................................................................24, 30, 40, 56, 65
former holder ................................................................................................. 12
Fund ..........................................................................................................72(1)
grain and seed crops account........................................................................... 70
liability ............................................................................................................ 3
Ministerial Body ...................................................................................... 12, 40
repealed Act ............................................12, 19(1), 24, 30, 40, 56, 65, 70, 81(1)
right ................................................................................................................. 3
specified...................................................................................................... 5(4)
spray drift...................................................................................................19(1)
State tax .....................................................................................................44(1)
page 49
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