Primary Industries Legislation Amendment Act 2009

Primary Industries Legislation Amendment Act 2009

No. 35 of 2009

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to Agricultural and Veterinary Chemicals (Control of Use) Act1992

3Definitions

4Repeal of sections 43(1) and 44

5New section 52AA inserted

52AAOffence to sell contaminated agricultural produce

6Repeal of section 54A

7New section 67A inserted

67ANon-compliance with condition of authority an
offence

8Repeal of clause 11 of Schedule 1

Part 3—Amendments to Catchment and Land Protection Act 1994

9Action before recommendation

10New section 69A inserted

69AAmendment to Order under section 58

11Entry with consent

12Entry with notice

13Emergency entry

14Section 83K substituted

83KSamples

15Offences relating to enforcement

16Conduct by officers, employees or agents

17Persons served with notices to inform Secretary if not land
owner

18New section 105 inserted

105Transitional provision—Revocation of declarations under section 58

Part 4—Amendments to Domestic (Feral and Nuisance) Animals Act 1994

19Section 29 substituted

29Offences and liability relating to dog attacks

20Declaration that a dog is a menacing dog

21Councils to prepare domestic animal management plans

22Section 81 substituted

81Seizure of dog urged or trained to attack or having attacked

23Further power to destroy dogs

24Prosecution of identified persons suspected of committing offences

25Power to serve infringement notice

26New section 104 inserted

104Transitional provision—Primary Industries Legislation Amendment Act 2009

Part 5—Amendments to Fisheries Act 1995

Division 1—Amendments to the Fisheries Act 1995 regarding consultation

27New section 3A inserted

3AConsultation principles

28Definitions repealed

29Submissions on management plan

30Amendment of management plan

31Changes to licence or permit conditions

32Repeal of section 62

33General quota order provisions

34When abalone quota order takes effect

35Fisheries reserves

36Part 6 repealed

37Commercial Fisheries Licensing Panel

38Licensing Appeals Tribunal

39Immunity provision

40Application—general provisions

41Royalties

42Levy

43Recreational Fishing Licence Trust Account

44Repeal of section 151C

45Fisheries notices

46New section 163B inserted

163BTransitional and savings provisions—Primary Industries Legislation Amendment Act 2009

47Compensation Assessment Panel

48Compensation Appeals Tribunal

49Repeal of Schedule 1

Division 2—Other amendments to the Fisheries Act 1995

50Definitions and interpretative provisions

51Definition of fish

52New section 11B inserted

11BExtraterritorial operation of Act

53Management plans

54Access licences

55Offence to receive or sell fish

56Fish receiver licences

57Aquaculture licences

58Issue of fishery licences

59Offence to fail to comply with licence or permit conditions

60Transfer of licences

61Certain licences may be renewed

62Powers of Secretary to cancel or suspend licences or permits

63New section 58A inserted

58ALicences or permits must be returned to Secretary

64Cancelled transferable licences may be transferred

65Offences in relation to size and catch limits

66Forfeiture or return of thing seized or retained

67Offence in relation to property seized or retained

68Sale of fish taken in contravention of this Act or corresponding law

69Section 120B substituted

120BDocuments to be kept for 3 years

70Evidence of locality

71New section 138A inserted

138AConferral of powers of authorised officers

72Additional provisions applying to royalties and levies

73Regulations

74New section 163A inserted

163ATransitional provision—Primary Industries Legislation Amendment Act 2009—References
to fish receiver licence

75Regulation-making powers

Part 6—Amendments toLivestock Disease
Control Act 1994

76Definition of livestock product amended

77New penalty for contravening Order

78Notification of diseases

79Isolation of livestock

80New penalties substituted for offences relating to identification
of livestock

81Isolation of livestock

82Testing for diseases

83Entry and exit points

84Permits for activity in restricted area

85Entry and exit from restricted areas

86Permit for activity in control area

87Contravention of importation order

88Duration of importation order

89Substitution of new penalties

90Repeal of Division 4 of Part 4

91New penalty substituted

92New penalties substituted

93Section 54 substituted

54Application of Division

94Payment out of fund

95General powers of inspectors

96New penalty substituted

97New section 115B inserted

115BInspectors powers in this Division are in addition to general powers

98Power of seizure and impoundment

99Seized livestock and property

100Additional offences for which infringement notices may be served

101Penalties to be paid for offences under infringement notices

102New section 132A inserted

132ATime for filing certain charges under this Act

103Offences relating to enforcement

104Regulations

105New sections 145 and 146 inserted

145Transitional provision—Primary Industries Legislation Amendment Act 2009

146Transitional provision—Primary Industries Legislation Amendment Act 2009

Part 7—Amendments toPrevention of Cruelty
to Animals Act 1986

106Application of Act

107Setting or using traps

108Statute law revision

Part 8—Amendments to Veterinary Practice Act1997

109Definitions

110New sections 3A and 3B inserted

3ADeemed general registration

3BDeemed specialist endorsement

111Application for registration

112General registration

113Duration and renewal of registration

114Application for renewal and refusal to renew registration

115Registration obtained by fraud

116Permitted disclosure to other registration authorities

117Requirement to notify the Board of change of address

118New section 20 substituted

20Complaints about the conduct of registered veterinary practitioners

119Notifications

Part 9—Other Amendment and Repeal

120Amendment to Impounding of Livestock Act 1994

121Repeal of amending Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Primary Industries Legislation Amendment Act 2009[†]

No. 35 of 2009

[Assented to 30 June 2009]

Primary Industries Legislation Amendment Act 2009
No. 35 of 2009

The Parliament of Victoriaenacts:

Part 9—Other Amendment and Repeal

Primary Industries Legislation Amendment Act 2009
No. 35 of 2009

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend theAgricultural and Veterinary Chemicals (Control of Use) Act 1992—

(i)to make changes to definitions relating to maximum residue limits for certain substances; and

(ii)to remove the requirement for aerial sprayers to hold approved insurance policies; and

(iii)to insert offences for selling contaminated produce and breaching authority conditions; and

(iv)to remove the power of entry and inspection with consent; and

(b)to amend theCatchment and Land Protection Act 1994 to expand and clarify enforcement powers under that Act; and

(c)to amend the Domestic (Feral and Nuisance) Animals Act 1994—

(i)to amend provisions of that Act relating to dog attacks; and

(ii)to amend the requirements relating to the preparation of domestic animal management plans; and

s. 1

(d)to amend the Fisheries Act 1995—

(i) to replace consultative arrangements under that Act; and

(ii) to provide for more effective management and protection of fish and protected aquatic biota; and

(iii) to improve the administration of that Act; and

(e) to amend theLivestock Disease Control Act 1994—

(i)to increase penalties for various offences under that Act; and

(ii)to clarify and amend certain provisions in that Act relating to disease control; and

(iii)to insert strict liability offences relating to the control of exotic diseases; and

(iv)to remove the requirement for chicken hatcheries to be licensed; and

(v)to clarify and expand certain powers of inspectors under that Act; and

(vi)to provide for additional offences that may be the subject of infringement notices; and

s. 1

(vii)to increase the maximum penalty for offences prescribed under the regulations; and

(viii)to make other miscellaneous amendments relating to enforcement under that Act; and

(f) to amend thePrevention of Cruelty to Animals Act 1986 to clarify the powers of specialist inspectors under that Act and make minor amendments to that Act; and

(g)to amend the Veterinary Practice Act 1997to allow veterinary practitioners who hold a right to carry on or engage in veterinary practice in another State or a Territory to practise as a veterinary practitioner in Victoria without the need for separate registration in Victoria by deeming them to be registered under that Act; and

(h)to amend the Impounding of Livestock Act 1994 to make a minor amendment to that Act.

2Commencement

s. 2

(1)This Act (except sections 9, 10, 18and 107and Division 1 of Part 5 and sections 109 to 119) comes into operation on the day after the day on which it receives the Royal Assent.

(2)Division 1 of Part 5 comes into operation on 1January 2009.

(3) Subject to subsection (5), sections 9, 10, 18 and107 come into operation on a day or days to beproclaimed.

(4)Subject to subsection (6), sections 109 to 119 come into operation on a day or days to beproclaimed.

(5) If a provision referred to in subsection (3) does not come into operation before 1 December 2009, it comes into operation on that day.

(6) If a provision referred to in subsection (4) does not come into operation before 31 December 2008, it comes into operation on that day.

______

Part 2—Amendments to Agricultural and Veterinary Chemicals (Control of Use) Act1992

3Definitions

s. 3

See:
Act No.
46/1992.
Reprint No. 4
as at
30 March 2006
and amending
Act No.
32/2006.
LawToday:
www.
legislation.
vic.gov.au

(1)In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992insert the following definition—

"APVMA means the Australian Pesticides and Veterinary Medicines Authority continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;".

(2)In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, in the first definition of contaminated, inparagraph (b), before "at such" insert "if there is no maximum residue limit for that contaminant".

(3)In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for the definition of maximum residue limit substitute—

"maximum residue limit, in relation to a substance present in an animal or in agricultural produce, means—

(a)the level that is declared under subsection (4) to be the maximum residue limit for that substance in relation to animals or agricultural produce of that type; or

(b)if no maximum residue limit is declared under subsection (4) for that substance, the maximum residue limit specified in an approved standard published by the APVMA in accordance with section 7A of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth for that substance in relation to animals or agricultural produce of that type;".

(4)In section 4(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the definition of approved insurance policyis repealed.

4Repeal of sections 43(1) and 44

s. 4

Sections 43(1) and 44 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 are repealed.

5New section 52AA inserted

After section 52 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"52AA Offence to sell contaminated agricultural produce

A person who produces agricultural produce must not sell or offer to sell that produce if it is contaminated.

Penalty:60 penalty units.".

6Repeal of section 54A

Section 54A of the Agricultural andVeterinary Chemicals (Control of Use) Act 1992 is repealed.

7New section 67A inserted

s. 7

In Part 9, before section 68 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"67A Non-compliance with condition of authority an offence

(1)The holder of an authority must comply with any condition on that authority imposed by the chief administrator under clause 3 of Schedule 1.

Penalty:60 penalty units.

(2)In this section authority has the same meaning as in clause 1 of Schedule 1.".

8Repeal of clause 11 of Schedule 1

Clause 11 in Schedule 1 to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 is repealed.

______

Part 3—Amendments to Catchment and Land Protection Act 1994

9Action before recommendation

s. 9

See:
Act No.
52/1994.
Reprint No. 4
as at
31 October 2006
and amending
Act Nos
4/2008 and 12/2008.
LawToday:
www.
legislation.
vic.gov.au

For sections 69(2) and 69(3) of the Catchment and Land Protection Act 1994 substitute—

"(2)Before making any of the following recommendations, the Minister must get advice on the proposal from the Council—

(a)a recommendation to declare an animal as an established pest animal;

(b)a recommendation to revoke a declaration of an animal as an established pest animal;

(c)a recommendation to amend an Order under section 58—

(i)to declare an animal as an established pest animal; or

(ii)to revoke the declaration of an animal as an established pest animal.

(3)Before making any of the following recommendations, the Minister must get advice on the proposal from the Council and the Authority of the region in which the declaration applies or will apply—

(a)a recommendation to declare a plant as a noxious weed;

(b)a recommendation to revoke a declaration of a plant as a noxious weed;

(c)a recommendation to amend an Order under section 58—

(i)to declare a plant as a noxious weed; or

(ii)to revoke the declaration of a plant as a noxious weed.".

10New section 69A inserted

s. 10

After section 69 of the Catchment and Land Protection Act 1994 insert—

"69A Amendment to Order under section 58

(1)The Minister may recommend to the Governor in Council that an Order under section 58 should be amended—

(a)to declare an additional plant or animal in a classification referred to in section58(1); or

(b)to revoke a declaration of a plant or animal.

(2)In making a recommendation for an amendment of an Order under subsection (1)(a), the Minister must be satisfied of the matters set out in this Division as to the declaration of the plant or animal in that particular classification.

(3)In making a recommendation for the amendment of an Order under subsection (1)(b), the Minister must be satisfied of either of the matters set out in section 68(1) in respect of the plant or animal.

(4)On the Minister's recommendation the Governor in Council, by order published in the Government Gazette, may amend the declaration.".

11Entry with consent

s. 11

(1)After section 80(2)(b) of the Catchment and Land Protection Act 1994 insert—

"(ba)with the consent of the occupier, take photographs (including video recordings) of a thing or things of a particular kind;".

(2)After section 80(3)(e) of the Catchment and Land Protection Act 1994 insert—

"(ea)that the occupier may refuse to give consent to the taking of photographs (including video recordings) of a thing or things of a particular kind; and".

12Entry with notice

(1)In section 81(1) of the Catchment and Land Protection Act 1994, for "24 hours notice" substitute "the relevant notice".

(2)After section 81(1)(a) of the Catchment and Land Protection Act 1994 insert—

"(ab)if he or she believes on reasonable grounds that a regionally prohibited weed, regionally controlled weed or established pest animal occurs or is likely to occur in the vicinity of the land; or".

(3)After section 81(1) of the Catchment and Land Protection Act 1994 insert—

"(1A)For the purposes of subsection (1) the relevant notice is—

(a)in the case of an entry under paragraph(ab), 7days;

(b)in any other case, 48 hours.".

(4)After section 81(3)(b) of the Catchment and Land Protection Act 1994 insert—

"(ba)with the consent of the occupier, take photographs (including video recordings) of a thing or things of a particular kind;".

(5)After section 81(4)(e) of the Catchment and Land Protection Act 1994 insert—

"(ea)that the occupier may refuse to give consent to the taking of photographs (including video recordings) of a thing or things of a particular kind; and".

13Emergency entry

s. 13

After section 82(4)(b) of the Catchment and Land Protection Act 1994 insert—

"(ba)take photographs (including video recordings) of a thing or things of a particular kind;".

14Section 83K substituted

For section 83K of the Catchment and Land Protection Act 1994 substitute—

"83K Samples

(1)If an authorised officer or member of the police force proposes to take a sample, he or she must—

(a)advise the owner, if possible before taking the sample, that it is taken for the purpose of analysis; and

(b)advise the owner that he or she may nominate a person to analyse part of the sample; and

(c)forward a part of the sample that is sufficient for analysis—

(i)to any person nominated by the owner; and

(ii)to a qualified person nominated by the officer or member; and

(d)keep part of the sample untouched for future comparison; and

(e)unless the sample is a noxious weed, return the remainder of the sample to the person from whom it was taken within 28 days if the sample is not required for the purposes of a proceeding under this Act or the regulations.

(2)In this section qualified person has the same meaning as in section 88A(6) of the Conservation, Forests and Lands Act 1987.".

15Offences relating to enforcement

s. 15

For section 84(1)(a) of the Catchment and Land Protection Act 1994 substitute—

"(a)obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate an authorised officer in exercising his or her powers under this Act or the regulations; or".

16Conduct by officers, employees or agents

After section 84A(3) of the Catchment and Land Protection Act 1994 insert—

"(4)In this section officer has the same meaning as officer of a corporation has in section 9 of the Corporations Act.".

17Persons served with notices to inform Secretary if not land owner

s. 17

In section 85A of the Catchment and Land Protection Act 1994omit "or occupier" (wherever occurring).

18New section 105 inserted

After section 104 of the Catchment and Land Protection Act 1994 insert—

"105 Transitional provision—Revocation of declarations under section 58

On the commencement of section 18 of the Primary Industries Legislation Amendment Act 2009, all declarations of plants or animals under section 58 in force immediately before that commencement are revoked.".

______

Part 4—Amendments to Domestic (Feral and Nuisance) Animals Act 1994

19Section 29 substituted

s. 19

See:
Act No.
81/1994.
Reprint No. 3
as at
1 December 2005
and amending
Act Nos
69/2004, 50/2005, 76/2005, 32/2006, 80/2006, 65/2007 and 44/2008.
LawToday:
www.
legislation.
vic.gov.au

For section 29 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—

"29 Offences and liability relating to dog attacks

(1)If a dangerous dog, that is not a guard dog guarding non-residential premises, attacks or bites any person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a term of imprisonment not exceeding 6months or to a fine not exceeding 120penalty units.

(2)If a dangerous dog, that is not a guard dog guarding non-residential premises, attacks or bites any person or animal, the owner of the dog, if not liable for the offence under subsection (1), is guilty of an offence and liable to a term of imprisonment not exceeding 6months or to a fine not exceeding 120penalty units.

(3)If a dog that is not a dangerous dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 20 penalty units.

(4)If a dog that is not a dangerous dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the owner of the dog, if not liable for the offence under subsection (3), is guilty of an offence and liable to a penalty not exceeding 20 penalty units.

(5)If a dog that is not a dangerous dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 10penalty units.

s. 19

(6)If a dog that is not a dangerous dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the owner of the dog, if not liable for the offence under subsection (5), is guilty of an offence and liable to a penalty not exceeding 10penalty units.

(7)If a dog rushes at or chases any person, the person in apparent control of the dog at the time the dog rushed at or chased the first-mentioned person, whether or not the owner of the dog, is guilty of an offence and liable to a penalty of not more than 4penalty units.

(8)If a dog rushes at or chases any person, the owner of the dog, if not liable for the offence under subsection (7), is guilty of an offence and liable to a penalty of not more than 4penalty units.

(9)In any proceeding for an offence under this section, it is a defence to that offence if the incident occurred because—

(a)the dog was being teased, abused or assaulted; or

(b)a person was trespassing on the premises on which the dog was kept; or

(c)another animal was on the premises on which the dog was kept; or