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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Veterinary Preparations and Animal Feeding
Stuffs Amendment Bill 2003
CONTENTS
1. Short title 1
2. The Act amended 2
3. Long title replaced 2
4. Section 1 amended, and consequential amendment to
Consumer Affairs Act 1971 3
5. Section 5 amended 3
6. Section 6 amended 5
7. Section 7 amended 6
8. Parts IV and V inserted 6
9. Section 36AA inserted 8
10. Section 38 amended 8
11. Section 39 amended 9
12. Section 40 amended 11
13. Section 40A amended 11
14. Section 40B amended 12
15. Section 41 amended 12
16. Section 42A amended 13
17. Section 43 amended 13
18. Section 44 amended 13
19. Section 48 amended 14
20. Section 60 amended 14
21. Section 61 amended 14
22. Section 62 amended 14
23. Section 64 amended 15
24. Section 65 amended 15
25. Section 66 amended 15
26. Section 68 amended 16
27. Amendment of various provisions referring to
veterinary preparations 16
185--1 page i
Western Australia
LEGISLATIVE COUNCIL
Veterinary Preparations and Animal Feeding
Stuffs Amendment Bill 2003
A Bill for
An Act to amend the Veterinary Preparations and Animal Feeding
Stuffs Act 1976 and for related purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Veterinary Preparations and
Animal Feeding Stuffs Amendment Act 2003.
page 1
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 2
2. The Act amended
The amendments in this Act are to the Veterinary Preparations
and Animal Feeding Stuffs Act 1976* except as stated in
section 4(2).
[* Reprinted as at 20 August 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 397.]
3. Long title replaced
The long title is repealed and the following long title is inserted
instead --
5 "
An Act --
· to provide for the control of the use of veterinary
chemical products and the regulation of the sale of
certain stock, stock products, and carcasses of stock
10 treated with veterinary chemical products;
· to provide for the regulation of the sale and use of
certain substances that promote, or are intended to
promote, growth in stock and also of the sale of stock, or
the carcasses of stock, which have been or are declared
15 not to have been treated with a substance of that kind;
· to control and regulate the production, importation,
treatment, preparation for sale, marketing, storage, and
sale of animal feeding stuffs,
and for incidental and other purposes.
20 ".
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Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 4
4. Section 1 amended, and consequential amendment to
Consumer Affairs Act 1971
(1) Section 1 is amended by deleting "Veterinary Preparations and
Animal Feeding Stuffs Act 1976." and inserting instead --
5 "
Veterinary Chemical Control and Animal Feeding
Stuffs Act 1976.
".
(2) The Schedule to the Consumer Affairs Act 1971* is amended by
10 deleting "Veterinary Preparations and Animal Feeding Stuffs
Act 1976." and inserting instead --
"
Veterinary Chemical Control and Animal Feeding Stuffs
Act 1976.
15 ".
[* Reprinted as at 25 March 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 74.]
5. Section 5 amended
20 (1) Section 5(1) is amended as follows:
(a) after the definition of "animal feeding stuff " by
inserting the following definition --
"
"approved label", in relation to a registered veterinary
25 chemical product, means a label approved under
Part 2 of the Agvet Code of Western Australia for
containers for the veterinary chemical product;
";
(b) in the definition of "carcass" by deleting "cattle and to
30 any other animal prescribed as an animal to which
Part VA applies," and inserting instead --
" any stock, ";
page 3
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 5
(c) after the definition of "purchaser" by inserting the
following definition --
"
"registered veterinary chemical product" means a
5 veterinary chemical product registered under
Part 2 of the Agvet Code of Western Australia;
";
(d) after the definition of "stock" by inserting the following
definition --
10 "
"stock product" means --
(a) anything obtained from stock to be used as,
or processed into, food for humans or
animals; or
15 (b) the hide, hair or fleece of any stock;
";
(e) by deleting the definitions of "treat" and "treated";
(f) by deleting the definition of "veterinary preparation"
and inserting the following definitions instead --
20 "
"veterinary chemical product" has the same meaning
as it has in the Agvet Code of Western Australia
except that --
(a) despite section 5(4) of that Code, it includes
25 a substance or mixture of substances that
is --
(i) prepared in accordance with the
instructions of a veterinary surgeon by a
pharmaceutical chemist registered under
30 the Pharmacy Act 1964; or
(ii) prepared by a veterinary surgeon,
page 4
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 6
in the course of the practice, by the person
preparing the substance or mixture of
substances, of that person's profession; and
(b) it does not include a prescribed substance;
5 "veterinary surgeon" means a veterinary surgeon
registered under the Veterinary Surgeons
Act 1960;
".
(2) Section 5(3)(b) is amended after "treated" in both places where
10 it occurs by inserting --
" with a prescribed substance ".
(3) After section 5(3) the following subsection is inserted --
"
(4) A reference in this Act to a stock product treated with a
15 veterinary chemical product is to be taken to be a
reference to a stock product from stock treated with a
veterinary chemical product.
".
6. Section 6 amended
20 (1) Section 6(1)(a) is amended by deleting "subject to
subsection (2),".
(2) Section 6(1)(c) is deleted and the following paragraph is
inserted instead --
"
25 (c) subject to subsection (4), to veterinary chemical
products,
".
(3) Section 6(2) is repealed.
page 5
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 7
7. Section 7 amended
Section 7 is amended by deleting "or carcass to which Part VA
applies," and inserting instead --
" , stock product or carcass, ".
5 8. Parts IV and V inserted
After section 14 the following Parts are inserted --
"
Part IV -- Control of use of veterinary
chemical products
10 15. Regulations relating to control of use of veterinary
chemical products
(1) Regulations may be made under section 68 for the
purposes of controlling the use of veterinary chemical
products.
15 (2) Without limiting subsection (1), regulations referred to
in that subsection --
(a) may prohibit, restrict or otherwise regulate the
use of veterinary chemical products;
(b) may have effect by reference to approved labels
20 or to registration under Part 2 of the Agvet
Code of Western Australia;
(c) may provide for the duties and obligations of
veterinary surgeons or other persons in relation
to the use of veterinary chemical products;
25 (d) may provide for the keeping of records and a
system of declarations or returns in relation to
the use of veterinary chemical products, and for
the verification of the information supplied; and
(e) may provide for the imposition of penalties, not
30 exceeding $5 000, for offences against those
regulations.
page 6
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 8
Part V -- Regulation of sale of certain stock,
stock products and carcasses
16. Regulations relating to sale of certain stock, stock
products and carcasses
5 (1) Regulations may be made under section 68 for the
purposes of prohibiting, restricting or otherwise
regulating the sale of any stock, any stock product, or
the carcass of any stock treated with a veterinary
chemical product.
10 (2) Without limiting subsection (1), regulations referred to
in that subsection --
(a) may have effect by reference to --
(i) a permit issued under section 114 of the
Agvet Code of Western Australia;
15 (ii) the instructions relating to the use of a
veterinary chemical product given by a
veterinary surgeon in the course of the
practice of the veterinary surgeon's
profession; and
20 (iii) in the case of a registered veterinary
chemical product -- any direction,
instruction, caution, warning or
recommendation on an approved label
relating to the use of the veterinary
25 chemical product;
and
(b) may provide for the imposition of penalties, not
exceeding $5 000, for offences against those
regulations.
30 ".
page 7
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 9
9. Section 36AA inserted
Before section 36A the following section is inserted in
Part VA --
"
5 36AA. Definition
In this Part --
"treated", in relation to an animal, means that the
animal has been treated with a prescribed
substance.
10 ".
10. Section 38 amended
(1) Section 38(1)(a) is deleted and the following paragraph is
inserted instead --
"
15 (a) enter and search any land, building, premises or
place which he has reasonable grounds for
believing is used for or in connection with --
(i) the treatment of any stock with a
veterinary chemical product or the
20 holding of any stock, stock product or
carcass of any stock which has or may
have been treated with a veterinary
chemical product; or
(ii) the production, importation, treatment,
25 storage, preparation for sale, marketing,
or sale of an animal feeding stuff or, for
the purposes of Part VA, of any stock or
carcass which has or may have been
treated with a prescribed substance or
30 has been declared to have been not
treated with a prescribed substance;
".
page 8
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 11
(2) Section 38(1)(b) is amended as follows:
(a) after "Part" by inserting --
" IV, V or ";
(b) by deleting "or carcass which has or may have been
5 treated or has been declared not to have been treated,"
and inserting instead --
"
, stock product, or carcass of any stock which
has or may have been treated with a veterinary
10 chemical product, or of any stock or carcass of
any stock which has or may have been treated
with a prescribed substance or has been
declared to have been not treated with a
prescribed substance,
15 ".
(3) After section 38(1)(c) "and" is deleted and the following is
inserted --
"
(ca) for the purposes of Part IV or V, stop, or order,
20 the movement of any stock, stock product or
carcass; and
".
11. Section 39 amended
(1) Section 39(1)(a) is amended as follows:
25 (a) by deleting the passage from and including "person in
possession of " to and including "to be not treated," and
inserting instead --
"
person --
30 (i) who is in possession of or the purchaser
of any veterinary chemical product or
animal feeding stuff; or
page 9
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 11
(ii) for the purposes of Part IV, V or VA,
who the inspector has reasonable cause
to believe may be in possession of or the
purchaser of any prescribed substance
5 or any stock, stock product, or the
carcass of any stock which has been
treated with a veterinary chemical
product, or any stock, or the carcass of
any stock, which has been treated with a
10 prescribed substance or declared to be
not treated with a prescribed substance,
".
(2) Section 39(1)(b) is amended by deleting "VA any person whom
the inspector has reasonable cause to believe to be a seller of
15 any stock, or the carcass of any stock, which has been treated or
declared to be not treated," and inserting instead --
"
IV, V or VA any person who the inspector has
reasonable cause to believe to be a seller of any
20 stock, stock product, or the carcass of any stock
which has been treated with a veterinary
chemical product, or any stock, or the carcass
of any stock, which has been treated with a
prescribed substance or declared to be not
25 treated with a prescribed substance,
".
(3) Section 39(1)(d) is amended by deleting "or declared to be not
treated," and inserting instead --
"
30 with a prescribed substance or declared to be
not treated with a prescribed substance,
".
page 10
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 12
12. Section 40 amended
Section 40(1) is amended by deleting "VA any substance,
stock" and inserting instead --
"
5 IV, V or VA any veterinary chemical product or any
substance, stock, stock product
".
13. Section 40A amended
(1) Section 40A(1) is amended as follows:
10 (a) by deleting "or carcass has or may have been treated, or
is or may have been declared to be not treated, may
require any person apparently in charge of that stock"
and inserting instead --
"
15 , stock product or carcass has or may have been treated
with a veterinary chemical product, or that any stock or
carcass has or may have been treated with a prescribed
substance, or is or may have been declared to be not
treated with a prescribed substance, may require any
20 person apparently in charge of that stock, stock product
";
(b) in paragraph (b) after "stock" by inserting --
" , stock product ";
(c) in paragraph (c) after "Part" by inserting --
25 " IV, V or ";
(d) in paragraph (d) by deleting "other facility -- " and
inserting instead --
" anything else -- ";
(e) in paragraph (d)(i) after "any" by inserting --
30 " stock product or ";
page 11
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 14
(f) in paragraph (d)(ii) after "stock" by inserting --
" , stock product ".
(2) Section 40A(2) is amended after "Part" by inserting --
" IV, V or ".
5 14. Section 40B amended
Section 40B is amended after "Part" by inserting --
" IV, V or ".
15. Section 41 amended
(1) After section 41(1) the following subsection is inserted --
10 "
(1aa) An inspector who has reasonable grounds for
believing --
(a) that a substance is a veterinary chemical
product; or
15 (b) that any stock, stock product or the carcass of
any stock has been treated with a veterinary
chemical product,
may, for the purposes of Part IV or V, inspect and test
that substance, stock, stock product or carcass, or any
20 tissue obtained from that stock or carcass, and may
take samples for analysis and examination.
".
(2) Section 41(1a)(b) is deleted and the following paragraph is
inserted instead --
25 "
(b) that any stock, or the carcass of any stock, has
been treated with a prescribed substance or
declared to be not treated with a prescribed
substance,
30 ".
page 12
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 16
(3) Section 41(2) is amended after "stock," by inserting --
" stock product, ".
(4) Section 41(3) is amended after "stock," by inserting --
" stock product, ".
5 16. Section 42A amended
Section 42A is amended as follows:
(a) before paragraph (b) by inserting the following
paragraph --
"
10 (a) stock, stock product or carcass of any stock
which has been treated with a veterinary
chemical product;
";
(b) in paragraphs (b) and (c) after "treated" by inserting --
15 " with a prescribed substance ";
(c) by deleting "substance, or of the" and inserting
instead --
" stock, stock product or ".
17. Section 43 amended
20 Section 43(a) is amended by deleting "animal feeding stuff,
stock," and inserting instead --
"
veterinary chemical product, animal feeding
stuff, stock, stock product,
25 ".
18. Section 44 amended
(1) Section 44(1) is amended after "stock," by inserting --
" stock product, ".
page 13
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 19
(2) Section 44(3) is amended after "stock," by inserting --
" stock product, ".
19. Section 48 amended
Section 48(1) is amended after "stock," in both places where it
5 occurs by inserting --
" stock product, ".
20. Section 60 amended
Section 60(2) is amended after "stock" by inserting --
" , stock product ".
10 21. Section 61 amended
Section 61(2) is amended after "for the purposes of " by
inserting --
"
Part V any stock, stock product or carcass, or for the
15 purposes of
".
22. Section 62 amended
(1) Section 62(1) is amended by deleting "VA any prescribed
substance, stock or carcass" and inserting instead --
20 "
IV, V or VA any veterinary chemical product, stock,
stock product, carcass or prescribed substance
".
(2) Section 62(2) is amended by deleting "VA to the whole supply
25 of any prescribed substance and the total number of any stock"
and inserting instead --
"
IV, V or VA to the whole supply of the veterinary
chemical product or any similar veterinary chemical
page 14
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 23
product, the whole supply of any prescribed substance,
and the total number of any stock, stock products
".
23. Section 64 amended
5 After section 64(2) the following subsection is inserted --
"
(3) Subject to section 44, a prosecution for an offence
against this Act may be instituted at any time within
3 years after the date on which it is alleged the offence
10 was committed.
".
24. Section 65 amended
Section 65 is amended as follows:
(a) in paragraph (b) after "chemists or" by deleting
15 "registered";
(b) in paragraph (c) after "chemist, a" by deleting
"registered";
(c) in paragraph (c)(ii) by deleting "registered".
25. Section 66 amended
20 (1) Section 66(1) is amended after "or was not" by inserting --
"
a veterinary chemical product or stock product, or was
not
".
25 (2) After section 66(1) the following subsection is inserted --
"
(1a) In the absence of evidence to the contrary, the
allegation that stock, a stock product or a carcass was
sold or intended to be sold may be taken to be
page 15
Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003
s. 26
sufficient evidence of a sale alleged in proceedings for
the purposes of Part V.
".
26. Section 68 amended
5 (1) Before section 68(2)(a) the following paragraph is inserted --
"
(aa) the matters referred to in sections 15 and 16;
".
(2) Section 68(3)(d) is amended by deleting "section" and inserting
10 instead --
" sections 15(2)(e), 16(2)(b) and ".
27. Amendment of various provisions referring to veterinary
preparations
(1) Section 5(1) is amended in the definition of "product" by
15 deleting "veterinary preparation" and inserting instead --
" veterinary chemical product ".
(2) Section 6(4) is amended by deleting "preparations" and
inserting instead --
" chemical products ".
20 (3) Section 7 is amended by deleting "preparation" and inserting
instead --
" chemical product ".
(4) Section 68(2)(q) is amended by deleting "veterinary
preparations or".
25 (5) Section 68(2)(y) is amended by deleting "preparations" and
inserting instead --
" chemical products ".
page 16
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