Primary Industries Legislation Amendment Act 2014FILE/14-071a.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01 ... Act No. Section Page Primary Industries Legislation

Primary Industries Legislation Amendment Act 2014

No. 71 of 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 2

PART 2—AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986 3

3 Definitions 34 Baiting and luring 35 Definitions 36 Authorized officers 37 Offences as to authorized officers 48 Power to serve a notice 49 Evidence 410 Neglect to prosecute 511 Regulations 5

PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS ACT 1994 6

12 Definitions 613 Registration numbers, certificates and identification markers 614 Powers of Council 715 New Division 5 of Part 4 inserted 8

Division 5—Offences 8

63AB Record keeping offences for pet shop proprietors 816 Seizure of dog or cat from unregistered breeding domestic

animal business 9

PART 4—AMENDMENTS TO THE LIVESTOCK DISEASE CONTROL ACT 1994 10

17 Definitions 1018 Swill feeding of pigs 1019 Registration of beekeepers 10

1

20 Annual fees 1021 Apicultural Industry Advisory Committee 1122 Inspector may order hives to be cleaned 1123 New section 149 inserted 11

149 Transitional provision—Primary Industries Legislation Amendment Act 2014 11

PART 5—AMENDMENTS TO THE VETERINARY PRACTICE ACT 1997 13

24 Definitions 1325 Application for registration 1326 Endorsement of registration as a specialist practitioner 1427 Duration and renewal of registration 1428 Application for renewal of and refusal to renew registration 1429 Requirement to notify the Board of change of address 1430 Notice of an informal hearing 1531 Notice of a formal hearing 1532 Requirements as to attendance at preliminary conference 1533 Conduct of a formal hearing 1534 Procedure at formal and informal hearings 1535 Advertising 1536 Powers of board in relation to fees 1537 New Part 11 inserted 16

PART 11—SAVINGS AND TRANSITIONAL PROVISIONS ARISING FROM AMENDING ACTS 16

96 Transitional provision—Primary Industries Legislation Amendment Act 2014 16

38 Amendment consequential upon the Legal Profession Uniform Law Application Act 2014 16

PART 6—AMENDMENTS TO THE PLANT BIOSECURITY ACT 2010 17

39 Importation of prescribed material 1740 Possession of prescribed material 1841 Assurance certificates 1942 Plant health certificates 1943 Plant health declarations 1944 Notification of plant pests or diseases 1945 Return, treatment or disposal of plants etc. at direction of

inspector 1946 Contravention of importation order 2047 Extension of time 20

PART 7—REPEAL OF AMENDING ACT 21

48 Repeal of amending Act 21

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ENDNOTES 22

Primary Industries Legislation Amendment Act 2014†

No. 71 of 2014

[Assented to 30 September 2014]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is to amend—

(a) the Prevention of Cruelty to Animals Act 1986; and

(b) the Domestic Animals Act 1994; and

(c) the Livestock Disease Control Act 1994; and

Victoria

1

(d) the Veterinary Practice Act 1997; and

(e) the Plant Biosecurity Act 2010—

to further improve the operation of those Acts.

2 Commencement

(1) Subject to subsection (2), this Act, other than section 38, comes into operation on a day or days to be proclaimed.

(2) Section 38 comes into operation on the later of—

(a) the day on which section 3 comes into operation; and

(b) the day on which section 158 of the Legal Profession Uniform Law Application Act 2014 comes into operation.

(3) If a provision of this Act, other than section 38, does not come into operation before 1 July 2015, it comes into operation on that day.

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s. 2 Section Page

2

PART 2—AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986

3 Definitionss. 3

See: Act No. 46/1986. Reprint No. 8 as at 27 May 2010 and amending Act Nos 75/2011, 60/2012, 70/2013 and 37/2014. LawToday: www.legislation.vic.gov.au

In section 3(1) of the Prevention of Cruelty to Animals Act 1986—

(a) in the definition of farm animal, for "connexion" (where twice occurring) substitute "connection";

(b) in paragraph (e) of the definition of scientific procedure, for "connexion" substitute "connection".

4 Baiting and luring

In section 13(1)(d) and (e) of the Prevention of Cruelty to Animals Act 1986, for "connexion" substitute "connection".

5 Definitions

In section 25 of the Prevention of Cruelty to Animals Act 1986, for the definition of authorized officer substitute—

"authorised officer means a person appointed to be an authorised officer under section 35;".

6 Authorized officers

(1) Insert the following heading to section 35 of the Prevention of Cruelty to Animals Act 1986—

"Authorised officers".

Part 7—Repeal of Amending Act

Primary Industries Legislation Amendment Act 2014No. 71 of 2014

3

(2) In section 35(1), (2), (3), (4) and (5) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".

(3) In section 35(6) of the Prevention of Cruelty to Animals Act 1986, for "authorized" (where twice occurring) substitute "authorised".

(4) In section 35(7) and (8) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".

7 Offences as to authorized officers

(1) In the heading to section 35A of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".

(2) In section 35A(1) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".

(3) In section 35A(2) and (3) of the Prevention of Cruelty to Animals Act 1986, for "authorized" (where twice occurring) substitute "authorised".

(4) In section 35A(4) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".

8 Power to serve a notice

(1) In section 37A(2)(a) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".

(2) For section 37A(2)(b) of the Prevention of Cruelty to Animals Act 1986 substitute—

"(b) in any other case, a POCTA inspector.".

9 Evidence

In section 39(b) of the Prevention of Cruelty to Animals Act 1986—

(a) for subparagraph (i) substitute—

s. 7Part 7—Repeal of Amending Act


4

"(i) the approval of a person as a POCTA inspector; or";

(b) in subparagraph (iii), for "authorized" substitute "authorised";

(c) in subparagraph (iv), for "authorized under section 24" substitute "authorised under section 24ZW".

10 Neglect to prosecute

In section 40 of the Prevention of Cruelty to Animals Act 1986, for "authorize" substitute "authorise".

11 Regulations

(1) In section 42(1)(a) of the Prevention of Cruelty to Animals Act 1986, for "authorized" (where twice occurring) substitute "authorised".

(2) In section 42(2)(f) of the Prevention of Cruelty to Animals Act 1986, for "connexion" substitute "connection".

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5

PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS ACT 1994

12 Definitionss. 12

See:Act No. 81/1994. Reprint No. 6 as at 10 July 2013 and amending Act Nos 70/2013, 8/2014 and 37/2014. LawToday: www.legislation.vic.gov.au

In section 3(1) of the Domestic Animals Act 1994—

(a) for paragraph (b)(i) of the definition of domestic animal business substitute—

"(i) in the case of an enterprise whose proprietor is a member of an applicable organisation—

(A) the enterprise has 10 or more fertile female dogs or 10 or more fertile female cats; or

(B) the enterprise has between 3 and 9 fertile female dogs or between 3 and 9 fertile female cats in circumstances where no more than 2 of the fertile female dogs or fertile female cats (as the case may be) are not registered with the applicable organisation; or";

(b) in paragraph (b) of the definition of restricted breed dog, for "Brasiliero" substitute "Brasileiro".

13 Registration numbers, certificates and identification markers

In section 19(1)(c) of the Domestic Animals Act 1994—



6

(a) for "Council, the" substitute "Council and the";

(b) omit "and the year of registration".

14 Powers of Council

(1) In section 54(2) of the Domestic Animals Act 1994, for "A" substitute "Subject to subsection (3), a".

(2) After section 54(2) of the Domestic Animals Act 1994 insert—

"(3) A Council must refuse to register or renew the registration of a premises in relation to a breeding domestic animal business if the Council is satisfied that a relevant person has, at any time within 10 years preceding the date of the application for registration—

(a) been found guilty of a specified offence; or

(b) been the subject of an order made under section 12(1) of the Prevention of Cruelty to Animals Act 1986; or

(c) been the subject of an order registered under section 12A(2) of the Prevention of Cruelty to Animals Act 1986.

(4) For the purposes of this section—

relevant person, in relation to an application to register or renew the registration of a premises in relation to a breeding domestic animal business, means any of the following—



7

(a) the proprietor of a breeding domestic animal business to which the premises relates;

(b) the person who conducts a breeding domestic animal business to which the premises relates;

(c) the person applying for registration;

specified offence means an offence against any of the following provisions of the Prevention of Cruelty to Animals 1986 Act—

(a) section 9(1);

(b) section 10(1);

(c) section 12(7);

(d) section 12A(8);

(e) section 15C(1);

(f) section 15C(2).".

15 New Division 5 of Part 4 inserted

After Division 4 of Part 4 of the Domestic Animals Act 1994 insert—

"Division 5—Offences

63AB Record keeping offences for pet shop proprietors

(1) The proprietor of a pet shop must, in relation to each dog or cat that is offered for sale or sold at the pet shop—

(a) make and keep records—

(i) of the name and address of the person from whom the proprietor obtained the dog or cat; and



8

(ii) of any other prescribed information; and

(b) keep and maintain copies of all such records in the prescribed manner.

Penalty: 120 penalty units.

(2) A person who is required to make and keep records under subsection (1) must not knowingly make or keep records that are incomplete, inaccurate or false.

Penalty: 120 penalty units.".

16 Seizure of dog or cat from unregistered breeding domestic animal business

(1) In section 82A(2)(b) of the Domestic Animals Act 1994, after "has been" insert "refused or".

(2) After section 82A(2)(b) of the Domestic Animals Act 1994 insert—

"(ba) the renewal of registration of the premises was refused under section 54(3); or".

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9

PART 4—AMENDMENTS TO THE LIVESTOCK DISEASE CONTROL ACT 1994

17 Definitionss. 17

See: Act No. 115/1994. Reprint No. 7 as at 25 September 2013 and amending Act Nos 7/2007, 70/2013, 73/2013 and 37/2014. LawToday: www.legislation.vic.gov.au

In section 3(1) of the Livestock Disease Control Act 1994, in the definition of cattle, after "calf" insert ", bison".

18 Swill feeding of pigs

For the penalty at the foot of section 41(1) of the Livestock Disease Control Act 1994 substitute—

"Penalty: 120 penalty units, in the case of a natural person.

360 penalty units, in the case of a body corporate.".

19 Registration of beekeepers

In section 48(4A) of the Livestock Disease Control Act 1994, for "one year" substitute "two years".

20 Annual fees



10

(1) Insert the following heading to section 49 of the Livestock Disease Control Act 1994—

"Biennial fees".

(2) In section 49 of the Livestock Disease Control Act 1994—

(a) in paragraph (b), for "each" substitute "every second";

(b) for "annual" substitute "biennial".

21 Apicultural Industry Advisory Committee

In section 70(3) of the Livestock Disease Control Act 1994—

(a) for "5 members" substitute "6 members";

(b) in paragraph (a), after "Inc." insert ", and at least one of the persons nominated is to have experience and knowledge of the delivery of honey bee crop pollination services";

(c) after paragraph (a) insert—

"(ab) one is to be a person with general knowledge of the beekeeping industry nominated by the Victorian Farmers Federation;".

22 Inspector may order hives to be cleaned

In section 122(3) of the Livestock Disease Control Act 1994, for "$3000" substitute "$12 000".

23 New section 149 inserted

After section 148 of the Livestock Disease Control Act 1994 insert—



11

"149 Transitional provision—Primary Industries Legislation Amendment Act 2014

The Apicultural Industry Advisory Committee is taken to be the same body despite the changes relating to its membership made by section 21 of the Primary Industries Legislation Amendment Act 2014.".

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12

PART 5—AMENDMENTS TO THE VETERINARY PRACTICE ACT 1997

24 Definitionss. 24

See:Act No. 58/1997. Reprint No. 3 as at7 November 2012 and amending Act Nos 70/2013 and 17/2014. LawToday: www.legislation.vic.gov.au

In section 3 of the Veterinary Practice Act 1997, insert the following definitions—

"Australian legal practitioner has the same meaning as in the Legal Profession Act 2004;

principal place of residence includes sole place of residence;".

25 Application for registration

For section 4(1) of the Veterinary Practice Act 1997 substitute—

"(1) Subject to subsection (1A), only the following persons may apply for registration as a veterinary practitioner under this Part—

(a) in the case of an application for general registration under section 6—

(i) a natural person whose principal place of residence is in Victoria;

(ii) a natural person whose principal place of residence will be in Victoria while practising as a veterinary practitioner;



13

(b) in the case of an application for specific registration under section 7 or non-practising registration under section 7A, a natural person.".

26 Endorsement of registration as a specialist practitioner

In section 8(6) of the Veterinary Practice Act 1997, for "the Government Gazette and in any" substitute "a".

27 Duration and renewal of registration

(1) In section 11(1) of the Veterinary Practice Act 1997, for "31 December of the year" substitute "the end of the financial year".

(2) At the foot of section 11(1) of the Veterinary Practice Act 1997 insert—"Note

A financial year is the period of twelve months ending at midnight on 30 June: see s. 44(6)(d) of the Interpretation of Legislation Act 1984.".

28 Application for renewal of and refusal to renew registration

In section 12 of the Veterinary Practice Act 1997—

(a) in subsection (2), for "3 months" substitute "one month";

(b) in subsection (3), for "3 months" (where twice occurring) substitute "one month".

29 Requirement to notify the Board of change of address

In section 19 of the Veterinary Practice Act 1997, for "the address" substitute "any address".



14

30 Notice of an informal hearing

In section 36(d) of the Veterinary Practice Act 1997—

(a) omit "there is no right to legal representation at the hearing, but that";

(b) after "another person," insert "but is not entitled to be represented,".

31 Notice of a formal hearing

In section 43(c) of the Veterinary Practice Act 1997, after "represented" insert "by an Australian legal practitioner".

32 Requirements as to attendance at preliminary conference

In section 43B of the Veterinary Practice Act 1997, after "representative" insert "who is an Australian legal practitioner".

33 Conduct of a formal hearing

In section 44(b) of the Veterinary Practice Act 1997, after "represented" insert "by an Australian legal practitioner".

34 Procedure at formal and informal hearings

In section 47(c) of the Veterinary Practice Act 1997, after "thinks fit" insert ", including by reference to any guidelines issued under section 62(1)(e) as to appropriate standards of veterinary practice and veterinary facilities".

35 Advertising



15

Section 59(1)(c) of the Veterinary Practice Act 1997 is repealed.

36 Powers of board in relation to fees

In section 86(1)(c) of the Veterinary Practice Act 1997 omit "and in the Government Gazette".

37 New Part 11 inserted

After Part 10 of the Veterinary Practice Act 1997 insert—

"PART 11—SAVINGS AND TRANSITIONAL PROVISIONS ARISING FROM AMENDING

ACTS

96 Transitional provision—Primary Industries Legislation Amendment Act 2014

(1) Despite section 11(1), in the case of the registration of a veterinary practitioner which is not specific which, immediately before the commencement of section 27(1) of the Primary Industries Legislation Amendment Act 2014, was due to continue in force until 31 December 2015, the Board may renew the registration for a period of up to 18 months but ending no later than midnight on 30 June 2017.

(2) Despite section 86(1)(a), in the case of a fee for renewal of registration for the period of 18 months ending at midnight on 30 June 2017, the Board may fix a fee for a period of greater than 12 months.".

38 Amendment consequential upon the Legal Profession Uniform Law Application Act 2014

In section 3 of the Veterinary Practice Act 1997, the definition of Australian legal practitioner is repealed.



16

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17

PART 6—AMENDMENTS TO THE PLANT BIOSECURITY ACT 2010

39 Importation of prescribed materials. 39

See: Act No. 60/2010 and amendingAct Nos 82/2012, 54/2013, 70/2013 and 37/2014 LawToday: www.legislation.vic.gov.au

(1) For section 8(1) of the Plant Biosecurity Act 2010 substitute—

"(1) A person must not import, introduce or bring into Victoria from a prescribed State or Territory or a prescribed part of a State or Territory any prescribed material unless the person complies with the applicable requirements of subsection (1C).

Penalty: In the case of a natural person, 10 penalty units;

In the case of a body corporate, 60 penalty units.

(1A) A person must not introduce or bring prescribed material into any part of Victoria from a restricted area unless the person complies with the applicable requirements of subsection (1C).



(1B) A person must not cause or permit any of the things in subsection (1) or (1A) to be done unless the person complies with the applicable requirements of subsection (1C).



18



(1C) For the purposes of subsections (1), (1A) and (1B), the requirements are that a person, if required by the regulations—

(a) has sent to the Secretary or a person authorised under a compliance agreement made under section 47 and has in the person's possession at the time that the prescribed material is delivered to a person in Victoria a copy of—

(i) an assurance certificate; or

(ii) a plant health certificate; or

(iii) a plant health declaration; or

(b) has presented the prescribed material for inspection, examination and treatment at a prescribed place or a place nominated by an inspector.".

(2) In section 8(2) of the Plant Biosecurity Act 2010—

(a) for "subsection (1)(a), (b) or (c)" substitute "subsection (1), (1A) or (1B)"; and

(b) for "subsection (1)(d) or (e)" substitute "subsection (1C)".

40 Possession of prescribed material

(1) In section 9(1) of the Plant Biosecurity Act 2010, for "section 8(1)(d) or (e)" substitute "section 8(1C)(a) or (b)".

(2) In section 9(2) of the Plant Biosecurity Act 2010, for "section 8(1)(d) or (e)" substitute



19

"section 8(1C)(a) or (b)".

41 Assurance certificates

In section 11 of the Plant Biosecurity Act 2010, for "section 8(1)(d)" substitute "section 8(1C)(a)".

42 Plant health certificates


43 Plant health declarations


44 Notification of plant pests or diseases

In section 17(1) of the Plant Biosecurity Act 2010, for "plant or plant product" substitute "plant, plant product, used package, used equipment or earth material".

45 Return, treatment or disposal of plants etc. at direction of inspector

For section 23(1) of the Plant Biosecurity Act 2010 substitute—

"(1) This section applies if any plant, plant product, plant vector, used package, used equipment, earth material or beehive is—

(a) introduced into Victoria; or

(b) introduced into a control area declared by the Governor in Council under section 19; or



20

(c) introduced into an infected place or restricted area; or

(d) sent from a control area declared by the Governor in Council under section 19 into another part of Victoria; or

(e) sent from an infected place or restricted area—

contrary to any provision of this Act or an order made under this Act.".

46 Contravention of importation order

For section 38(2) of the Plant Biosecurity Act 2010 substitute—

"(2) A person must not cause, permit or assist any plant, plant product, plant vector, used equipment, used package, earth material or beehive to enter or be imported into Victoria in contravention of an importation order under section 36.


In the case of a body corporate, 60 penalty units.".

47 Extension of time

In section 125 of the Plant Biosecurity Act 2010, for "sections 8" substitute "sections 8(1), 8(1A), 8(1B), 8(2)".

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21

PART 7—REPEAL OF AMENDING ACT

48 Repeal of amending Act

This Act is repealed on 1 July 2016.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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22

ENDNOTES

Endnotes


23

† Minister's second reading speech—

Legislative Assembly: 20 August 2014

Legislative Council: 4 September 2014

The long title for the Bill for this Act was "A Bill for an Act to amend the Prevention of Cruelty to Animals Act 1986, the Domestic Animals Act 1994, the Livestock Disease Control Act 1994, the Veterinary Practice Act 1997 and the Plant Biosecurity Act 2010 to further improve the operation of those Acts and for other purposes."

Documents

Primary Industries Legislation Amendment Act 2014FILE/14-071a.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01 ... Act No. Section Page Primary Industries Legislation