Agriculture and Fisheries and Other Legislation Amendment Act 2024 (Qld)

The Parliament of Queensland enacts—

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Agriculture and Fisheries and Other Legislation Amendment Act 2024.

2   Commencement

(1)Chapter 4, part 3 commences on 31 July 2024.

(2)Chapter 4, part 4 and schedule 1, part 2 commence on 28 August 2024.

(3)The following provisions commence on a day to be fixed by proclamation—

(a)chapter 5, part 3;

(b)chapter 10, part 3;

(c)chapter 12;

(d)schedule 1, part 3.

Chapter 2    Amendment of Agricultural Chemicals Distribution Control Act 1966

3   Act amended

This chapter amends the Agricultural Chemicals Distribution Control Act 1966.

4   Amendment of sch (Dictionary)

Schedule, definition ground equipment—
omit, insert—

ground equipment—

(a)means a machine or apparatus used, or intended to be used, or capable of being used, for distributing a herbicide; and

(b)includes a machine or apparatus prescribed by regulation to be ground equipment under this Act; but

(c)does not include—

(i)an aircraft in flight; or

(ii)aerial equipment; or

(iii)a machine or apparatus prescribed by regulation not to be ground equipment under this Act.

Chapter 3    Amendment of Animal Care and Protection Act 2001

5   Act amended

This chapter amends the Animal Care and Protection Act 2001.

Note—

See also the amendments in schedule 1, parts 1 and 3.

6   Amendment of s 181 (Conduct of representatives)

(1)Section 181(1), from ‘if’ to ‘conduct’—
omit.

(2)Section 181(2), ‘It is enough to show’—
omit, insert—

If it is relevant to prove a person’s state of mind in relation to particular conduct, it is enough to show

7   Omission of ss 209 and 209A

Sections 209 and 209A—
omit.

8   Replacement of ch 9, hdg (Transitional provision for Primary Industries Legislation Amendment Act 2006)

Chapter 9, heading—
omit, insert—

Chapter 9    Transitional provisions

Part 1    Transitional provision for Primary Industries Legislation Amendment Act 2006

9   Insertion of new ch 9, pt 2

Chapter 9—
insert—

Part 2    Transitional provisions for Agriculture and Fisheries and Other Legislation Amendment Act 2024

219   Definitions for part

In this part—

amendment Act means the Agriculture and Fisheries and Other Legislation Amendment Act 2024.

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

220   Existing proceedings—state of mind

(1)This section applies in relation to a proceeding started before the commencement for an offence against this Act if—

(a)immediately before the commencement, the proceeding had not been finally dealt with; and

(b)it is relevant to prove a person’s state of mind in relation to particular conduct.

(2)Former section 181 continues to apply to the proceeding as if the amendment Act, section 6 had not commenced.

221   Proceedings for particular offences—liability of executive officer

(1)This section applies in relation to—

(a)an offence against former section 209 committed by a person before the commencement; or

(b)an offence against a deemed executive liability provision committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, sections 7 and 192 had not commenced.

(3)Subsection (2) applies despite the Criminal Code, section 11.

(4)In this section—

deemed executive liability provision has the meaning given by former section 209A(4).

Chapter 4    Amendment of Animal Management (Cats and Dogs) Act 2008

Part 1    Preliminary

10   Act amended

This chapter amends the Animal Management (Cats and Dogs) Act 2008.

Note—

See also the amendments in schedule 1, parts 1 and 2.

Part 2    Amendments commencing on assent

11   Amendment of s 81 (Obligation to comply with permit conditions)

(1)Section 81(1), penalty, ‘75 penalty units’—
omit, insert—

150 penalty units

(2)Section 81(2), penalty, ‘75 penalty units’—
omit, insert—

150 penalty units

12   Amendment of s 93 (Owner’s obligation if proposed declaration notice in force)

(1)Section 93(1), penalty, ‘75 penalty units’—
omit, insert—

150 penalty units

(2)Section 93(1), note, ‘declared dangerous dog or declared menacing dog’—
omit, insert—

proposed restricted dog, declared dangerous dog, declared menacing dog or proposed declared dog

13   Amendment of s 97 (Declared dangerous dogs)

Section 97(1), penalty, ‘75 penalty units’—
omit, insert—

150 penalty units

14   Amendment of s 98 (Declared menacing dogs)

Section 98(1), penalty, ‘75 penalty units’—
omit, insert—

150 penalty units

15   Amendment of s 134 (Failure to comply with notice)

(1)Section 134, heading, before ‘notice’—
insert—

compliance

(2)Section 134(1), penalty, ‘75 penalty units’—
omit, insert—

150 penalty units

16   Amendment of ch 8, hdg (Reviews)

Chapter 8, heading, after ‘Reviews’—
insert—

and appeals

17   Insertion of new ch 8, pt 3

Chapter 8—
insert—

Part 3    Appeals

190   Appeal against QCAT decision on external review relating to destruction order only on question of law

(1)This section applies in relation to a decision made by QCAT in a proceeding for the external review of a decision under section 127 or 127A to make a destruction order in relation to a dog.

(2)An appeal against QCAT’s decision in the proceeding may be made only on a question of law.

18   Insertion of new s 209B

After section 209A—
insert—

209B    Chief executive may make guidelines

(1)The chief executive may make guidelines about matters relating to compliance with this Act.

(2)Without limiting subsection (1), the guidelines may include information to help authorised persons perform their functions under this Act.

(3)The chief executive must publish the guidelines on the department’s website.

19   Insertion of new ch 10, pt 6

Chapter 10—
insert—

Part 6    Transitional provisions for Agriculture and Fisheries and Other Legislation Amendment Act 2024

Division 1 Preliminary

230   Definitions for part

In this part—

amendment Act means the Agriculture and Fisheries and Other Legislation Amendment Act 2024.

former, for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.

new, for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.

Division 2 Provision for amendments commencing on assent

231   Appeals against external review decisions relating to destruction orders

New section 190 applies only to an appeal started after the commencement.

20   Amendment of sch 2 (Dictionary)

Schedule 2, definition responsible person, ‘regulated’—
omit.

Part 3    Amendments commencing on 31 July 2024

21   Amendment of s 4 (How purposes are to be primarily achieved)

Section 4(l), after ‘persons to’—
insert—

exercise effective control of dogs in particular circumstances and

22   Omission of s 64 (When a regulated dog is under effective control)

Section 64—
omit.

23   Amendment of s 89 (Power to make declaration)

Section 89(7)—
omit, insert—

(7)In this section—

animal has the meaning given by section 191.

seriously attack means—

(a)in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or

(b)in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.

24   Amendment of s 125 (Seizure powers for dogs)

Section 125(2), from ‘if it’—
omit, insert—

if no person is exercising effective control of the dog.

25   Insertion of new ss 191–193

Before section 194—
insert—

191   Definitions for part

In this part—

animal does not include vermin that are not the property of anyone.

Examples of vermin that are someone’s property—

•a pet mouse or guinea pig

•vermin that are protected animals under the Nature Conservation Act 1992, part 5, division 3

dog patrol category see the Security Providers Act 1993, schedule 2.

effective control, of a dog, see section 192.

relevant person, for a dog, means—

(a)the owner of the dog; or

(b)a responsible person for the dog.

security officer has the meaning given by the Security Providers Act 1993, section 7.

security patrol dog means a dog used in the dog patrol category of functions of a security officer.

serious dog offence means an offence against any of the following provisions—

(a)section 193, if the circumstances mentioned in paragraph (a), (b), (c) or (d) of the penalty apply;

(b)section 194, if the circumstances mentioned in paragraph (a), (b), (c) or (d) of the penalty apply;

(c)section 195(1), if the circumstances mentioned in paragraph (a), (b), (c) or (d) of the penalty apply.

192   What is effective control

(1)A relevant person for a dog that is a regulated dog exercises effective control of the dog if—

(a)all of the following apply—

(i)the person is physically able to control the dog;

(ii)the person is in control of only that dog;

(iii)either—

(A)the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or

(B)the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or

(b)the dog is being kept in an enclosed part of a vehicle and is enclosed or restrained in a way that prevents the dog, or any part of the dog, moving outside the enclosed part of the vehicle; or

(c)the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is—

(i)recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or

(ii)recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website.

(2)A relevant person for a dog, other than a regulated dog, exercises effective control of the dog if—

(a)for a dog in a public place that is an off-leash area—the person is able to supervise the dog and control the dog by using voice command; or

(b)for a dog in another public place—

(i)the person is physically able to control the dog; and

(ii)1 of the following applies—

(A)the person is restraining the dog by holding the dog by a leash, lead or other restraining device;

(B)the dog is securely tethered to a fixed object and is under the continuous supervision of the person;

(C)the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or

(c)the dog is being confined or tethered in, or on, a vehicle in a way that prevents the dog moving any part of its body beyond the vehicle; or

(d)the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is—

(i)recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or

(ii)recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website; or

(e)the dog is a government entity dog or security patrol dog performing the functions of that class of dog authorised under this Act or another Act; or

(f)the dog is a working dog and is performing a function of being a working dog.

(3)In this section—

off-leash area means an area within a local government area where, under a local law, a responsible person for a dog is not required to be in control of the dog by using a leash, lead or other restraining device.

193   Relevant person must exercise effective control of dog in public place

A relevant person for a dog must, unless the person has a reasonable excuse, exercise effective control of the dog if the dog is in a public place.

Maximum penalty—

(a)if the dog attacks a person and the attack causes the death of, or grievous bodily harm to, the person—

(i)if the dog is a regulated dog—600 penalty units or 2 years imprisonment; or

(ii)if the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or

(iii)otherwise—600 penalty units or 1 year’s imprisonment; or

(b)if the dog attacks an animal and the attack causes the death of the animal or maims the animal—

(i)if the dog is a regulated dog—500 penalty units; or

(ii)if the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or

(iii)otherwise—400 penalty units; or

(c)if the dog attacks a person and the attack causes bodily harm to the person—

(i)if the dog is a regulated dog—300 penalty units or 6 months imprisonment; or

(ii)if the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or

(iii)otherwise—300 penalty units; or

(d)if the dog attacks an animal and the attack wounds the animal—

(i)if the dog is a regulated dog—200 penalty units; or

(ii)if the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or

(iii)otherwise—150 penalty units; or

(e)if paragraphs (a) to (d) do not apply—

(i)if the dog is a regulated dog—100 penalty units; or

(ii)otherwise—50 penalty units.

26   Replacement of ss 194 and 195

Section 194 and 195—
omit, insert—

194    Relevant person must ensure dog does not attack or cause fear

A relevant person for a dog must take reasonable steps to ensure the dog does not attack, or act in a way that causes fear to, a person or an animal.

Maximum penalty—

(a)if the attack causes the death of a person or grievous bodily harm to a person—

(i)if the dog is a regulated dog—600 penalty units or 2 years imprisonment; or

(ii)if the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or

(iii)otherwise—600 penalty units or 1 year’s imprisonment; or

(b)if the attack causes the death of an animal or maims an animal—

(i)if the dog is a regulated dog—500 penalty units; or

(ii)if the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or

(iii)otherwise—400 penalty units; or

(c)if the attack causes bodily harm to a person—

(i)if the dog is a regulated dog—300 penalty units or 6 months imprisonment; or

(ii)if the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or

(iii)otherwise—300 penalty units; or

(d)if the attack wounds an animal—

(i)if the dog is a regulated dog—200 penalty units; or

(ii)if the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or

(iii)otherwise—150 penalty units; or

(e)if paragraphs (a) to (d) do not apply—

(i)if the dog is a regulated dog—100 penalty units; or

(ii)otherwise—50 penalty units.

195   Prohibition on allowing or encouraging dog to attack or cause fear

(1)A person must not allow or encourage a dog to attack, or act in a way that causes fear to, a person or an animal.

Maximum penalty—

(a)if the attack causes the death of a person or grievous bodily harm to a person—

(i)if the dog is a regulated dog—700 penalty units or 3 years imprisonment; or

(ii)if the person has been convicted of a serious dog offence within the preceding 5 years—700 penalty units or 3 years imprisonment; or

(iii)otherwise—700 penalty units or 2 years imprisonment; or

(b)if the attack causes the death of an animal or maims an animal—

(i)if the dog is a regulated dog—600 penalty units; or

(ii)if the person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units; or

(iii)otherwise—500 penalty units; or

(c)if the attack causes bodily harm to a person—

(i)if the dog is a regulated dog—400 penalty units or 2 years imprisonment; or

(ii)if the person has been convicted of a serious dog offence within the preceding 5 years—400 penalty units or 2 years imprisonment; or

(iii)otherwise—400 penalty units; or

(d)if the attack wounds an animal—

(i)if the dog is a regulated dog—300 penalty units; or

(ii)if the person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units; or

(iii)otherwise—200 penalty units; or

(e)if paragraphs (a) to (d) do not apply—

(i)if the dog is a regulated dog—150 penalty units; or

(ii)otherwise—75 penalty units.

(2)In this section—

encourage, without limiting the Criminal Code, sections 7 and 8, includes cause to encourage.

27   Amendment of s 196 (Defences for offence against s 194 or 195)

(1)Section 196, heading, ‘s 194’—
omit, insert—

s 193, 194

(2)Section 196(1), ‘section 194’—
omit, insert—

section 193, 194

(3)Section 196(2)—
omit.

28   Amendment of s 207A (Chief executive (transport) must disclose information)

Section 207A(3), definition prescribed offence—
omit, insert—

prescribed offence means an offence against section 193, 194 or 195 involving an attack by a dog, if the attack—

(a)causes the death of, or grievous bodily harm or bodily harm to, a person; or

(b)causes the death of an animal, or maims or wounds an animal.

29   Insertion of new ch 10, pt 6, div 3

Chapter 10, part 6—
insert—

Division 3 Provisions for amendments commencing on 31 July 2024

232   Proceedings for particular offences

(1)This section applies in relation to an offence against former section 194 or 195 committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, section 26 had not commenced.

(3)Subsection (2) applies despite the Criminal Code, section 11.

233   References to serious dog offence

For chapter 9, part 1, a reference to a serious dog offence includes a reference to—

(a)an offence against former section 194, if the circumstances mentioned in paragraph (a), (b) or (c) of the penalty apply; and

(b)an offence against former section 195, if the circumstances mentioned in paragraph (a), (b) or (c) of the penalty apply.

30   Amendment of sch 1 (Permit conditions and conditions applying to declared dangerous and menacing dogs)

(1)Schedule 1, section 3, heading, ‘and effective control’—
omit.

(2)Schedule 1, section 3(1), from ‘unless’—
omit, insert—

unless it is muzzled.

31   Amendment of sch 2 (Dictionary)

(1)Schedule 2, definition effective control—
omit.

(2)Schedule 2—
insert—

animal, for chapter 9, part 1, see section 191.

dog patrol category, for chapter 9, part 1, see section 191.

effective control, of a dog, see section 192.

relevant person, for a dog, for chapter 9, part 1, see section 191.

security officer, for chapter 9, part 1, see section 191.

security patrol dog, for chapter 9, part 1, see section 191.

serious dog offence, for chapter 9, part 1, see section 191.

Part 4    Amendments commencing on 28 August 2024

32   Amendment of s 3 (Purposes of Act)

Section 3—
insert—

(f)prohibit the ownership of and particular dealings with dogs of particular breeds.

33   Amendment of s 4 (How purposes are to be primarily achieved)

(1)Section 4—
insert—

(ha)prohibiting ownership of dogs of particular breeds;

(2)Section 4(ha) to (m)—
renumber as section 4(i) to (n).

34   Amendment of s 45 (Dog must bear identification in particular circumstances)

Section 45(2), note—
omit, insert—

Note—

See chapter 4, part 5 for conditions applying in relation to regulated dogs.

35   Amendment of s 47 (What registration form must state)

(1)Section 47(1)(c)(ix), ‘, a declared menacing dog or a restricted dog’—
omit, insert—

or a declared menacing dog

(2)Section 47(2), definition address—
omit, insert—

address, for a dog, means the address of the place where the dog is usually kept or is proposed to be kept.

36   Amendment of s 52 (Registration fee must be fixed to give desexing incentive)

(1)Section 52(3), definition dog—
omit, insert—

dog means a dog other than a declared dangerous dog.

(2)Section 52, note—
omit, insert—

Note—

See section 70 in relation to the compulsory desexing of declared dangerous dogs.

37   Amendment of s 54 (Amendment of registration)

Section 54(2), ‘a relevant person’—
omit, insert—

an owner of a regulated dog

38   Amendment of s 59 (Purpose of ch 4 and its achievement)

(1)Section 59(1)(a), ‘particular types of dogs called ‘regulated dogs’;’—
omit, insert—

regulated dogs;

(2)Section 59(1)(b), ‘the dogs’—
omit, insert—

regulated dogs

(3)Section 59(2)(a), ‘, menacing dogs or restricted dogs’—
omit, insert—

or menacing dogs

(4)Section 59(2)(b), ‘and restricted dogs’—
omit.

(5)Section 59(2)(d)—
omit.

(6)Section 59(2)(g), ‘(f)’—
omit, insert—

(e)

(7)Section 59(2)(e) to (g)—
renumber as section 59(2)(d) to (f).

39   Amendment of s 60 (What is a regulated dog)

Section 60(c)—
omit.

40   Omission of s 63 (What is a restricted dog)

Section 63—
omit.

41   Amendment of s 65 (Application of pt 2)

Section 65(2)—
omit.

42   Omission of s 66 (Prohibition on supply of restricted dog)

Section 66—
omit.

43   Amendment of s 67 (Prohibition on supply of declared dangerous dog or menacing dog)

(1)Section 67, heading, ‘declared dangerous dog or menacing dog’—
omit, insert—

regulated dog or proposed declared dog

(2)Section 67(1), from ‘declared dangerous dog’ to ‘someone else’—
omit, insert—

regulated dog or a proposed declared dog to another person

(3)Section 67(1)(a), ‘designated dog’—
omit, insert—

regulated dog or a proposed declared dog, as the case may be

(4)Section 67(2), definition proposed declared dog, paragraph (b), ‘or 190’—
omit, insert—

or the QCAT Act, section 22(3)

44   Replacement of ch 4, pt 2, div 3, hdg (Restricted dogs and declared dangerous dogs only)

Chapter 4, part 2, division 3, heading—
omit, insert—

Division 3 Declared dangerous dogs

45   Amendment of s 69 (Prohibition on breeding)

Section 69(1) and (2), ‘or restricted dog’—
omit.

46   Replacement of s 70 (Compulsory desexing of declared dangerous dog or restricted dog)

Section 70—
omit, insert—

70   Compulsory desexing of declared dangerous dog

(1)The owner of a declared dangerous dog must ensure the dog is desexed within 3 months after the dog is declared to be a dangerous dog unless desexing is likely to be a serious risk to the dog’s health.

Maximum penalty—150 penalty units.

(2)However, subsection (3) applies if a declared dangerous dog is not desexed within the period mentioned in subsection (1) because desexing is likely to temporarily be a serious risk to the dog’s health (a temporary risk).

(3)The owner of the declared dangerous dog must ensure the dog is desexed within 3 months after the temporary risk ends.

Maximum penalty—150 units.

47   Omission of ch 4, pt 2, div 4 (Restricted dogs only)

Chapter 4, part 2, division 4—
omit.

48   Omission of ch 4, pt 3 (Restricted dog permits)

Chapter 4, part 3—
omit.

49   Amendment of s 89 (Power to make declaration)

(1)Section 89(1)(c)—
omit.

(2)Section 89(4)—
omit.

(3)Section 89(5) to (7)—
renumber as section 89(4) to (6).

50   Amendment of s 90 (Notice of proposed declaration)

(1)Section 90(1)(c), ‘, other than for a restricted dog’—
omit.

(2)Section 90(1)(d)—
omit, insert—

(d)the reasons for the proposed declaration; and

(3)Section 90(1)(f)—
omit.

51   Amendment of s 93 (Owner’s obligation if proposed declaration notice in force)

(1)Section 93, before subsection (1)—
insert—

(1AA)This section applies if the proposed declaration notice is for a dangerous dog declaration.

(2)Section 93(1), ‘permit condition’—
omit, insert—

condition

(3)Section 93(1), note—
omit, insert—

Note—

See also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.

(4)Section 93(2), ‘Subsection (1)’—
omit, insert—

Subsection (2)

(5)Section 93(1AA) to (2)—
renumber as section 93(1) to (3).

52   Amendment of s 95 (Notice and taking effect of declaration)

(1)Section 95, heading—
omit, insert—

95   Giving information notice about decision to make regulated dog declaration

(2)Section 95(1), ‘a notice under subsection (3) or (4)’—
omit, insert—

an information notice about the decision

(3)Section 95(2)—
omit, insert—

(2)However, the local government must not give an information notice under subsection (1) if an authorised person has made a destruction order under section 127A in relation to the dog.

Note—

See section 127A in relation to the requirement to give a single information notice about the decisions to make the regulated dog declaration and the destruction order.

(4)Section 95(3) and (4)—
omit.

(5)Section 95(5)(a) and (b), before ‘notice’—
insert—

information

(6)Section 95(6), from ‘If’ to ‘must include’—
omit, insert—

The information notice must state

(7)Section 95(6)(e)—
omit, insert—

(e)that the dog must be kept only at the place stated in the registration notice as the address for the dog; and

(8)Section 95(5) and (6)—
renumber as section 95(3) and (4).

53   Replacement of ch 4, pt 5, hdg (Application of particular permit conditions for declared dangerous or menacing dogs)

Chapter 4, part 5, heading—
omit, insert—

Part 5    Conditions for regulated dogs

54   Amendment of s 96 (Operation of pt 5)

(1)Section 96(1) and (2), ‘declared dangerous dog or declared menacing dog’—
omit, insert—

regulated dog

(2)Section 96(3)—
omit.

(3)Section 96(4), ‘section 95(6)’—
omit, insert—

section 95(4)

(4)Section 96(5), ‘issued’—
omit, insert—

given

(5)Section 96(4) and (5)—
renumber as section 96(3) and (4).

55   Amendment of s 97 (Declared dangerous dogs)

Section 97(1), ‘permit condition’—
omit, insert—

condition

56   Amendment of s 98 (Declared menacing dogs)

(1)Section 98(1), ‘permit condition’—
omit, insert—

condition

(2)Section 98(1), ‘3(1)(b) and (2),’—
omit.

57   Omission of s 99 (Failure to decide application taken to be refusal)

Section 99—
omit.

58   Amendment, relocation and renumbering of s 102 (Recovery of seizure or destruction costs)

(1)Section 102(1)(a), after ‘regulated dog’—
insert—

or prohibited dog

(2)Section 102(1)(e), after ‘section 127’—
insert—

, 127AA or 127A

(3)Section 102—
relocate to chapter 9, part 5 and renumber as section 207D.

59   Amendment of s 103 (Cost of regulated dog enclosure—dividing fence)

Section 103(5), definition relevant place—
omit, insert—

relevant place, for a regulated dog, means the place stated in the registration notice for the dog as the address for the dog.

60   Insertion of new ch 4A

After chapter 4—
insert—

Chapter 4A    Prohibited dogs

103A    What is a prohibited dog

(1)A prohibited dog is a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth).

Note—

See the Customs (Prohibited Imports) Regulations 1956 (Cwlth), section 3 and schedule 1 for the breeds of dogs that are prohibited from being imported.

(2)For subsection (1), a breed does not include a crossbreed.

103B    Prohibition on prohibited dogs

(1)A person must not own, or be a responsible person for, a prohibited dog unless the person has a reasonable excuse.

Maximum penalty—150 penalty units.

(2)It is a reasonable excuse for a person to own or be a responsible person for a prohibited dog if the dog is an assistance animal.

(3)In this section—

assistance animal see the Disability Discrimination Act 1992 (Cwlth), section 9(2).

Note—

See also section 196A in relation to the application of chapter 9, part 1 to a prohibited dog.

103C    Prohibition on supply of prohibited dogs

A person must not supply a prohibited dog to another person.

Maximum penalty—150 penalty units.

Note—

See also section 196A in relation to the application of chapter 9, part 1 to a prohibited dog.

103D    Prohibition on breeding with prohibited dogs

A person must not give or take possession of a prohibited dog for the purpose of allowing it to breed with another dog.

Maximum penalty—150 penalty units.

Note—

See also section 196A in relation to the application of chapter 9, part 1 to a prohibited dog.

103E    Surrender of prohibited dogs

(1)An owner of a prohibited dog may surrender the dog to the relevant local government.

(2)On the surrender, the dog becomes the local government’s property.

(3)The local government must destroy the dog as soon as practicable after the surrender.

61   Amendment of s 111 (General power to enter places)

(1)Section 111(1)(e) to (h)—
omit, insert—

(e)the entry is made, during the daytime, to inspect whether a prohibited dog is at the place; or

(f)the entry is made, during the daytime, to inspect work carried out under a condition of a dangerous dog declaration, menacing dog declaration, or compliance notice; or

(g)the entry is made, at a reasonable time of the day or night, under an approved inspection program.

(2)Section 111(2), ‘, (f) or (g)’—
omit, insert—

or (f)

(3)Section 111(3), ‘to (h)’—
omit, insert—

to (g)

62   Amendment of s 112 (Additional entry powers for particular dogs)

(1)Section 112(1)(a)—
omit, insert—

(a)the authorised person reasonably suspects—

(i)a dog is at the place; and

(ii)any delay in entering the place will result in a risk to community health or safety, or in the dog being concealed or moved to avoid a requirement under chapter 4; or

(2)Section 112(1)—
insert—

(c)the authorised person reasonably suspects a prohibited dog is at the place.

(3)Section 112(3), ‘subsection (1)(a)(ii)’—
omit, insert—

subsection (1)(a) and (c)

63   Amendment of s 113 (Approval of inspection program authorising entry)

Section 113(1), example—
omit, insert—

Example of a matter that may be monitored under an approved inspection program—

compliance with the conditions imposed under chapter 4, part 5

64   Amendment of s 125 (Seizure powers for dogs)

Section 125(1)(b)—
omit, insert—

(b)the person reasonably believes the dog is a prohibited dog; or

65   Insertion of new s 126A

After section 126—
insert—

126A    What is a destruction order

A destruction order, in relation to a dog, is an order made by an authorised person stating that the authorised person proposes to destroy the dog not earlier than 14 days after the notice is served under this part.

66   Replacement of s 127 (Power to destroy seized regulated dog)

Section 127—
omit, insert—

127   Destruction of regulated dog or prohibited dog in particular circumstances

(1)This section applies if the dog is a regulated dog or a prohibited dog.

(2)The authorised person may, without notice given to an owner of or responsible person for the dog, immediately destroy the dog if—

(a)the authorised person reasonably believes the dog is dangerous and the authorised person can not control the dog; or

(b)an owner of the dog has asked the authorised person to destroy the dog.

(3)Also, the authorised person may destroy the dog not earlier than 3 days after seizing the dog if—

(a)the dog—

(i)has no registered owner, or apparently has no registered owner; and

(ii)is not the subject of a regulated dog declaration made by the relevant local government; and

(b)neither the authorised person nor the relevant local government knows who is an owner of, or a responsible person for, the dog.

127AA    Destruction of regulated dog or prohibited dog under destruction order

(1)This section applies if—

(a)the dog is a regulated dog or a prohibited dog; and

(b)section 127 does not authorise the destruction of the dog.

(2)If the dog has seriously attacked a person or an animal, the authorised person must make a destruction order in relation to the dog.

(3)If the dog has not seriously attacked a person or an animal, the authorised person may make a destruction order in relation to the dog.

(4)The destruction order must—

(a)be served on—

(i)the registered owner of the dog; or

(ii)if there is no registered owner of the dog—any person who is an owner of, or a responsible person for, the dog; and

(b)include or be accompanied by an information notice about the decision to make the destruction order.

(5)If a destruction order is made in relation to the dog, the authorised person may destroy the dog, not earlier than 14 days after the order is served under subsection (4) if an application has not been made under chapter 8, part 1 for an internal review of the decision to make the destruction order (the destruction order decision).

(6)If an application for internal review has been made under chapter 8, part 1 for an internal review of the destruction order decision, the authorised person may destroy the dog if—

(a)the application has been decided and both of the following apply—

(i)the decision on the application confirms the destruction order decision;

(ii)an application for an external review of the destruction order decision has not been made within the period allowed under the QCAT Act; or

(b)the application has been withdrawn or has otherwise ended.

(7)If an application has been made for an external review of the destruction order decision, the authorised person may destroy the dog if—

(a)the application has been decided and both of the following apply—

(i)the decision on the application (the external review decision) confirms the destruction order decision;

(ii)an appeal against the external review decision has not been started within the period allowed under the QCAT Act; or

(b)the application has been withdrawn or has otherwise ended.

(8)If an appeal against the external review decision has been started, the authorised person may destroy the dog if—

(a)the appeal has been decided and the effect of the decision is to confirm the external review decision; or

(b)the appeal has been withdrawn or has otherwise ended.

(9)In this section—

animal has the meaning given by section 191.

seriously attack means—

(a)in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or

(b)in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.

67   Amendment of s 127A (Concurrent regulated dog declaration and destruction order)

(1)Section 127A(1)(a) and (b)—
omit, insert—

(a)has made a regulated dog declaration under section 94 for the dog; but

(b)has not given the owner of the dog an information notice under section 95 about the decision to make the declaration.

(2)Section 127A(2) to (4)—
omit, insert—

(2)Even though the regulated dog declaration has not taken effect under section 95(3), an authorised officer may make a destruction order for the dog.

(3)As soon as practicable after deciding to make the destruction order for the dog, the authorised person must serve the destruction order on—

(a)the registered owner of the dog; or

(b)if there is no registered owner of the dog—a person who is an owner of, or a responsible person for, the dog.

(4)The destruction order must include or be accompanied by a single information notice about—

(a)the decision to make the regulated dog declaration under section 94(2); and

(b)the decision to make the destruction order.

(3)Section 127A(5), ‘Section 127(6)’—
omit, insert—

Section 127AA(5)

(4)Section 127A(6)—
omit.

68   Amendment of s 130 (Return of particular dog)

Section 130(1)(a)(i) and (ii)—
omit, insert—

(i)reasonably suspected the dog was a regulated dog; or

(ii)reasonably suspected the dog was a prohibited dog; or

(iii)considered a proposed declaration notice should be given for the dog; and

69   Amendment of s 131 (Return of particular dog to registered owner)

(1)Section 131(1)—
omit, insert—

(1)This section applies if the dog has, or appears to have, a registered owner and the dog—

(a)is a regulated dog; or

(b)is a dog for which a proposed declaration notice has been given; or

(c)was seized because an authorised person reasonably suspected the dog was a prohibited dog.

(2)Section 131(2)(b), ‘for’—
omit, insert—

in relation to

(3)Section 131(2)(d), ‘permit condition for the dog’—
omit, insert—

condition imposed under chapter 4, part 5 in relation to the dog

(4)Section 131(2)(d), note—
omit.

(5)Section 131(2)(e), ‘is being made’—
omit, insert—

has been given

(6)Section 131(3)(c), ‘permit conditions’—
omit, insert—

conditions imposed under chapter 4, part 5 in relation to the dog

70   Amendment of s 172 (Chief executive must keep regulated dog register)

Section 172(1), ‘declared dangerous dogs, declared menacing dogs, and restricted dogs’—
omit, insert—

regulated dogs

71   Amendment of s 174 (Chief executive officer must give information)

(1)Section 174(1)—
omit, insert—

(1)This section applies if a local government makes a regulated dog declaration for a dog in the local government’s area.

(1A)The chief executive officer of the local government must give the chief executive notice of the regulated dog declaration.

(2)Section 174(2)(a), from ‘dog’ to ‘subsection (1)’—
omit, insert—

regulated dog declaration is made for the dog

(3)Section 174(2)(b)(ii), after ‘section 95’—
insert—

about the decision to make the regulated dog declaration

(4)Section 174(1A) and (2)—
renumber as section 174(2) and (3).

72   Replacement of s 175 (Chief executive officer must give information about owner)

Section 175—
omit, insert—

175    Chief executive officer must give information about owner

(1)This section applies if an owner of a regulated dog gives the chief executive officer of the relevant local government for the dog notice under section 54 of changed information in relation to the dog.

(2)The chief executive officer must, within 7 days after being given notice of the changed information, give the chief executive notice of the changed information.

73   Amendment of s 178 (General register)

(1)Section 178(b) to (d)—
omit, insert—

(b)if the dog is a regulated dog—

(i)the information required to be stated in an information notice under section 95(4) in relation to the dog; and

(ii)the number recorded on its collar, identification tag, registration tag or tattoo for desexing;

(2)Section 178(e)—
renumber as section 178(c).

74   Amendment of s 184 (Stay of operation of original decision)

(1)Section 184(5), ‘regulated dog declaration’—
omit, insert—

dangerous dog declaration,

(2)Section 184(5), note—
omit, insert—

Note—

See also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.

75   Amendment of s 185A (Internal review of concurrent regulated dog declaration and destruction order)

Section 185A(1)(a), ‘a combined information notice under section 127A(4)(b)’—
omit, insert—

an information notice under section 127A(4)

76   Amendment of s 189 (Condition on stay granted by QCAT for particular decisions)

(1)Section 189(1), ‘regulated dog declaration’—
omit, insert—

dangerous dog declaration

(2)Section 189(2), note—
omit, insert—

Note—

See also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.

77   Amendment of s 190 (Appeal against QCAT decision on external review relating to destruction order only on question of law)

Section 190(1), after ‘section 127’—
insert—

, 127AA

78   Insertion of new s 196A

After section 196—
insert—

196A    Application of part to prohibited dogs

This part applies in relation to a prohibited dog as if a reference in this part to a regulated dog included a reference to a prohibited dog.

Note—

See also chapter 4A for other offences in relation to prohibited dogs.

79   Amendment of s 197 (Muzzling decommissioned greyhounds in public places)

Section 197(3), definition decommissioned greyhound, paragraph (a), ‘declared dangerous dog or declared menacing dog’—
omit, insert—

regulated dog

80   Amendment of s 203 (Other evidentiary aids)

(1)Section 203(1)(a)(iii)—
omit.

(2)Section 203(1)(a)(iv) to (vii)—
renumber as section 203(1)(a)(iii) to (vi).

(3)Section 203(1)(d)—
omit.

81   Insertion of new ch 10, pt 6, div 4

Chapter 10, part 6—
insert—

Division 4 Provisions for amendments commencing on 28 August 2024

234   Existing applications about restricted dog permits

(1)This section applies if an application for, or in relation to, a restricted dog permit was made under former chapter 4, part 3, but not decided, before the commencement.

(2)This Act as in force immediately before the commencement continues to apply to the application as if the amendment Act had not been enacted.

235   Existing reviews and appeals in relation to decisions about restricted dog permits

(1)This section applies if—

(a)before the commencement—

(i)an original decision was made under former chapter 4, part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and

(ii)the applicant applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; and

(b)immediately before the commencement, the application or appeal had not been decided or withdrawn.

(2)Despite the repeal of former chapter 4, part 3—

(a)the application or appeal may continue to be heard and decided as if the amendment Act had not been enacted; and

(b)this Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4, part 3 in accordance with a decision made on the internal review, external review or appeal.

236   Existing review and appeal rights in relation to decisions about restricted dog permits

(1)This section applies if—

(a)before the commencement, an original decision was made under former chapter 4, part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and

(b)immediately before the commencement—

(i)the applicant had not applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; but

(ii)the period within which the applicant could apply, or start an appeal, had not ended.

(2)Despite the repeal of former chapter 4, part 3—

(a)the applicant may make the application or start the appeal, and the application or appeal may be heard and decided, as if the amendment Act had not been enacted; and

(b)this Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4, part 3 in accordance with a decision made on the internal review, external review or appeal.

237   Continued application of pre-commencement Act to particular restricted dogs

(1)This section applies if—

(a)immediately before the commencement—

(i)a restricted dog permit was in effect under former chapter 4, part 3 for a restricted dog; and

(ii)the restricted dog was registered; or

(b)after the commencement, a restricted dog permit is issued or renewed under former chapter 4, part 3, as applied under section 234, 235 or 236, for a dog that—

(i)was a restricted dog immediately before the commencement; and

(ii)is registered.

(2)The dog is taken not to be a prohibited dog for the purposes of this Act.

(3)Also, this Act as in force immediately before the commencement continues to apply in relation to the dog as if—

(a)the amendment Act had not been enacted; and;

(b)the dog continued to be a restricted dog.

(4)However, subsections (2) and (3) cease to apply in relation to the dog on the earliest of the following to happen—

(a)the restricted dog permit for the dog expires and the permit holder has not applied to renew the permit under former section 82;

(b)the relevant local government for the dog makes an original decision under former chapter 4, part 3, division 3 to refuse an application to renew the restricted dog permit and the circumstances mentioned in subsection (5)(a), (b), (c) or (d) apply;

(c)the dog ceases to be registered;

(d)the dog is surrendered to the relevant local government under section 100;

(e)the dog is destroyed under this Act or otherwise dies.

(5)For subsection (4)(b), the circumstances are—

(a)the period within which the applicant may apply for an internal review of the original decision ends and the applicant has not, within that period, applied for an internal review of the original decision; or

(b)if the applicant applies for an internal review of the original decision—

(i)the application is decided and both of the following apply—

(A)the decision on the application confirms the original decision;

(B)the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or

(ii)the application is withdrawn or otherwise ends without a decision being made; or

(c)if the applicant applies for an external review of the original decision—

(i)the application is decided and both of the following apply—

(A)the decision on the application (the external review decision) confirms the original decision;

(B)the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or

(ii)the application is withdrawn or otherwise ends without a decision being made; or

(d)if the applicant starts an appeal against the external review decision—

(i)the appeal is decided and the effect of the decision is to confirm the external review decision; or

(ii)the appeal is withdrawn or otherwise ends without a decision being made.

238   Destruction orders for particular dogs

(1)New section 127AA applies only in relation to a dog seized, under section 125 or a warrant, after the commencement.

(2)Former section 127 continues to apply in relation to a dog seized, under section 125 or a warrant, before the commencement as if the amendment Act had not been enacted.

82   Amendment of sch 1 (Permit conditions and conditions applying to declared dangerous and menacing dogs)

(1)Schedule 1, heading—
omit, insert—

Schedule 1 Conditions for regulated dogs

(2)Schedule 1, authorising provision, ‘81,’—
omit.

(3)Schedule 1, section 1—
omit, insert—

1   Definition for schedule

In this schedule—

relevant place, for a regulated dog, means the place stated in the registration notice for the dog as the address for the dog.

(4)Schedule 1, section 2, ‘relevant dog’—
omit, insert—

regulated dog

(5)Schedule 1, section 2A(1), ‘relevant dog’—
omit, insert—

regulated dog

(6)Schedule 1, section 3—
omit, insert—

3   Muzzling in or at place other than relevant place

(1)This section applies to the following dogs—

(a)a regulated dog that is a declared dangerous dog;

(b)a dog the subject of a proposed declaration notice for a dangerous dog declaration.

(2)The dog must not be in or at a place other than the relevant place for the dog unless it is muzzled.

(3)However, subsection (2) does not apply if the dog is in a vehicle in or at a place and the dog—

(a)is in an enclosed part of the vehicle; and

(b)is enclosed or restrained in a way that prevents the dog or any part of it from moving outside the enclosed part of the vehicle.

(7)Schedule 1, section 4(1), ‘relevant dog’—
omit, insert—

regulated dog

(8)Schedule 1, section 4(2) and (3)(b), ‘dog’—
omit, insert—

regulated dog

(9)Schedule 1, section 5(1), ‘relevant dog’—
omit, insert—

regulated dog

(10)Schedule 1, section 6, ‘relevant dog’—
omit, insert—

regulated dog

(11)Schedule 1, section 7—
omit.

(12)Schedule 1, section 8(1)—
omit, insert—

(1)If an owner of a regulated dog changes residential address, the owner must give the relevant local government notice of the owner’s new residential address within 7 days after making the change.

(13)Schedule 1, section 8(2), ‘person’—
omit, insert—

owner

(14)Schedule 1, section 8(3)—
omit.

83   Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions destruction order, permit application, permit condition, permit holder, relevant dog, renewal application, renewed permit, restricted dog, restricted dog declaration, restricted dog permit and restricted dog register—
omit.

(2)Schedule 2—
insert—

destruction order, in relation to a dog, see section 126A.

prohibited dog see section 103A.

(3)Schedule 2, definition destroy, ‘regulated’—
omit.

(4)Schedule 2, definition regulated dog declaration, ‘section 89(6)’—
omit, insert—

section 89(5)

(5)Schedule 2, definition relevant place, before ‘for’—
insert—

for a regulated dog,

Chapter 5    Amendment of Biosecurity Act 2014

Part 1    Preliminary

84   Act amended

This chapter amends the Biosecurity Act 2014.

Note—

See also the amendments in schedule 1, parts 1 and 3.

Part 2    Amendments commencing on assent

85   Amendment of s 42 (Reporting presence of category 1 or 2 restricted matter)

(1)Section 42(1), ‘relevant restricted matter’—
omit, insert—

category 1 or category 2 restricted matter

(2)Section 42(4), example, ‘relevant restricted matter’—
omit, insert—

category 1 or category 2 restricted matter

(3)Section 42(6), definition relevant restricted matter—
omit.

86   Amendment of s 43 (Distributing or disposing of category 3 restricted matter)

(1)Section 43—
insert—

(1A)However, subsection (1) does not apply if—

(a)the category 3 restricted matter is an invasive plant; and

(b)an owner of the land on which the invasive plant is located disposes of the plant on the land by moving or disturbing the plant only to the extent reasonably necessary for the disposal.

(2)Section 43—
insert—

(2A)However, subsection (3) does not apply if—

(a)a thing is infested with category 3 restricted matter that is an invasive plant; and

(b)an owner of the land on which the thing is located disposes of the thing on the land by moving or disturbing the thing only to the extent reasonably necessary for the disposal.

(3)Section 43(1A) to (3)—
renumber as section 43(2) to (5).

87   Amendment of s 48 (Main function of local government)

(1)Section 48(1)—
insert—

(e)an invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c) or (d), that—

(i)is provided for under a local law of the local government under subsection (4); and

(ii)in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria.

(2)Section 48—
insert—

(1A)For subsection (1)(e)(ii), the local invasive biosecurity matter criteria for an invasive animal or invasive plant are—

(a)the animal or plant is currently present in the local government’s local government area; and

(b)there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the invasive animal or invasive plant to reduce, control or contain it, the animal or plant may have an adverse effect on a biosecurity consideration.

(3)Section 48(1A) to (3)—
renumber as section 48(2) to (4).

88   Amendment of s 114 (Matters for inclusion in biosecurity emergency order)

Section 114(2)(g)—
insert—

(iii)to make a record about the movement of biosecurity matter or a carrier and keep the record for the period stated in the order;

89   Amendment of s 115 (Effect and duration of biosecurity emergency order)

(1)Section 115—
insert—

(1A)The chief executive must revoke a biosecurity emergency order if satisfied the biosecurity event to which the order relates is no longer having, or will not have, a significant adverse effect on a biosecurity consideration.

(2)Section 115(2), ‘Unless it is sooner revoked, a biosecurity emergency’—
omit, insert—

Unless a biosecurity emergency order is sooner revoked under subsection (2), the

(3)Section 115(2)(a), ‘21 days’—
omit, insert—

42 days

(4)Section 115(5), example, ‘subsection (5)’—
omit, insert—

subsection (6)

(5)Section 115(1A) to (5)—
renumber as section 115(2) to (6).

90   Amendment of s 125 (Matters for inclusion in movement control order)

Section 125(3)(d)—
insert—

(vi)to make a record about the movement of biosecurity matter or a carrier to which the movement control order relates and keep the record for the period stated in the order.

91   Insertion of new s 127A

After section 127—
insert—

127A    Additional powers of inspector for place within an area the subject of a movement control order

(1)Without limiting the powers of an inspector otherwise provided for in this Act, an inspector, or an authorised person acting under the direction of an inspector, may, in relation to a place to which a movement control order relates, and to the extent reasonably necessary for managing, reducing or eradicating controlled biosecurity matter, do any of the following—

(a)enter and re-enter the place—

(i)with consent; or

(ii)without consent, other than at night;

(b)give a direction restricting the movement of controlled biosecurity matter;

(c)direct a person to move controlled biosecurity matter to a stated area within the place;

(d)remove controlled biosecurity matter from the place;

(e)direct a person to inspect or test controlled biosecurity matter at the place;

(f)direct a person to clean or disinfect the place or any structure or thing at the place;

(g)direct a person to treat, destroy, dispose of, decontaminate, disinfect or vaccinate controlled biosecurity matter at the place;

(h)take any other action reasonably necessary for managing, reducing or eradicating the controlled biosecurity matter.

(2)Subsection (1) does not authorise the entry of a residence.

(3)An inspector or authorised person may exercise a power under subsection (1) only to the extent reasonably necessary for, and only for the purposes of, fulfilling the purpose and ensuring the effectiveness of the movement control order.

(4)Subject to subsection (3), an inspector or authorised person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances.

(5)A person to whom a direction is given under subsection (1) must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

92   Amendment of s 145 (Registrable biosecurity entity must apply for registration)

Section 145(2), after ‘immediately’—
insert—

after

93   Amendment of s 156 (Renewal of registration)

Section 156—
insert—

(5)Subsection (1) applies subject to sections 156B and 156C.

94   Insertion of new ss 156A–156C

After section 156—
insert—

156A    Notice requiring further information about registration

(1)This section applies in relation to a person who is a registered biosecurity entity for a biosecurity circumstance if—

(a)the chief executive renews the person’s registration under section 156(1) and makes a requirement of the person under section 156(2); and

(b)the person fails to comply with the requirement.

(2)The chief executive may give the person a notice stating—

(a)that the person must, within the stated notice period, advise the chief executive whether or not the person is a registrable biosecurity entity for the biosecurity circumstance; and

(b)that if the person does not comply with the requirement under paragraph (a), the chief executive may deregister the person as a registered biosecurity entity for the biosecurity circumstance under section 156C.

(3)The notice may require the person to give the chief executive information in an approved form.

(4)In this section—

notice period means a period of at least 90 days after the notice is given.

156B    Person taken to have applied for deregistration

(1)This section applies in relation to a person who is a registered biosecurity entity for a biosecurity circumstance if—

(a)the chief executive gives the person a notice under section 156A(2); and

(b)the person advises the chief executive within the notice period under section 156A that the person has ceased to be a registrable biosecurity entity for the biosecurity circumstance.

(2)The person is taken to have made an application under section 152(1) for the person’s deregistration as a registered biosecurity entity for the biosecurity circumstance.

156C    Deregistration by chief executive

(1)This section applies in relation to a person who is a registered biosecurity entity for a biosecurity circumstance if—

(a)the chief executive gives the person a notice under section 156A(2); and

(b)the person does not comply with the notice.

(2)The chief executive may deregister the person as a registered biosecurity entity for the biosecurity circumstance by removing the person from the biosecurity register in relation to the biosecurity circumstance.

(3)If the chief executive deregisters the person under subsection (2), the chief executive must give the person a notice confirming the deregistration.

(4)To remove any doubt, it is declared that the deregistration of a person in relation to a biosecurity circumstance under subsection (2) does not limit—

(a)the application of section 141 to the person; or

(b)the application of section 145 to the person for applying for registration for the biosecurity circumstance or a similar biosecurity circumstance.

95   Amendment of s 214 (Applying for permit)

Section 214(6)—
omit, insert—

(6)However, the chief executive may waive payment of the application fee if—

(a)the chief executive is satisfied—

(i)the proposed dealings with prohibited or restricted matter are aimed at controlling or eradicating the matter; and

(ii)the applicant will not derive any financial benefit from the dealings; and

(iii)the chief executive will be advised of the progress and outcomes of the dealings; or

(b)the chief executive is satisfied there are exceptional circumstances for waiving payment of the fee.

Example of an exceptional circumstance—

Payment of the fee would cause, or would be likely to cause, the applicant financial hardship.

96   Amendment of s 223 (Conditions of permit decided by the chief executive)

Section 223(1), after ‘the permit’—
insert—

or renew the permit

97   Amendment of s 225 (Application for renewal)

(1)Section 225(3), ‘section 214(6)(a) to (c)’—
omit, insert—

section 214(6)(a) or (b)

(2)Section 225(4), ‘renew, or refuse to renew,’—
omit, insert—

renew, renew with conditions, or refuse to renew,

(3)Section 225(6), ‘, or to impose conditions on the permit under section 223,’—
omit, insert—

, or to renew the permit with conditions other than those applied for,

98   Amendment of s 230 (Transfer of permit)

(1)Section 230—
insert—

(3A)The chief executive must consider an application made under subsection (1) or (3) and decide to transfer, or refuse to transfer, the permit.

(2)Section 230(4), ‘transfer a permit on an application’—
omit, insert—

approve an application

(3)Section 230(7), ‘transfer the permit’—
omit, insert—

approve an application

(4)Section 230(8)—
omit, insert—

(8)If the chief executive refuses to approve an application, or the application is taken to have been refused under subsection (8), the chief executive must give the applicant an information notice for the decision.

(5)Section 230(3A) to (9)—
renumber as section 230(4) to (10).

99   Amendment of s 236 (What program authorisation must state)

Section 236(1)(h), before ‘occupier’—
insert—

owner or

100   Amendment of s 237 (Giving a direction for prevention and control program)

(1)Section 237(1)(a), before ‘occupier’—
insert—

owner or

(2)Section 237(2), ‘an occupier’—
omit, insert—

a person

(3)Section 237(3), ‘occupier’—
omit, insert—

person

101   Amendment of s 238 (Failure to comply with direction)

Section 238(1)—
omit, insert—

(1)A person who is given a direction under section 237(1)(a) must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

102   Amendment of s 270 (Entry of place under ss 261 and 262)

(1)Section 270(2) and (3)—
omit, insert—

(2)The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier and advise the occupier of the officer’s intention to enter the place.

(3)The authorised officer may enter the place if the officer is unable to locate an occupier after making a reasonable attempt to do so.

(2)Section 270(4), from ‘If, after’ to attempts to’—
omit, insert—

If the authorised officer finds an occupier present at the place, whether before or after entering the place, the officer must make reasonable attempts to

103   Amendment of s 273 (Issue of warrant)

(1)Section 273(3)(b), ‘inspector’—
omit, insert—

authorised officer

(2)Section 273(3)(b), example, ‘inspector’—
omit, insert—

authorised officer

104   Replacement of s 283 (Duration of emergency powers)

Section 283—
omit, insert—

283   Duration of emergency powers

(1)An inspector exercising powers under this part at a place may exercise the powers until the first of the following happens—

(a)the imminent and significant biosecurity risk from the activity being carried out, or from the biosecurity matter, at the place is avoided;

(b)the end of the following period after the inspector first exercises the powers—

(i)96 hours;

(ii)a longer period, of not more than 168 hours, if approved by the chief executive under subsection (2).

(2)The chief executive may approve the longer period for the exercise of the powers at the place if—

(a)an inspector exercising the powers makes a written request to the chief executive to approve the longer period and gives reasons for the request; and

(b)the chief executive, having regard to the request, is satisfied the longer period is necessary for exercising the powers.

(3)If the chief executive approves a longer period for the exercise of the powers at the place, the chief executive must—

(a)give the inspector the approval in writing, including reasons for the approval; and

(b)if an entitled person asks for a copy of the approval—give the person a copy of the approval.

(4)In this section—

entitled person means—

(a)an occupier of the place; or

(b)a person who is directed or authorised to take reasonable steps at the place under section 280(1)(a) or (c).

105   Amendment of s 393 (Entering into compliance agreements)

Section 393(6)—
omit, insert—

(6)Also, a compliance agreement is of no effect in relation to a person to the extent that it purports to authorise an act or omission that is contrary to any of the following applying to the person—

(a)a biosecurity emergency order;

(b)a biosecurity zone regulatory provision;

(c)a movement control order.

Part 3    Amendments commencing by proclamation

106   Amendment of s 15 (What is biosecurity matter)

Section 15(3), ‘If schedule 1 or 2, a prohibited matter regulation, a restricted matter regulation,’—
omit, insert—

If a regulation, an emergency prohibited matter declaration,

107   Replacement of s 19 (What is prohibited matter)

Section 19—
omit, insert—

19   What is prohibited matter

(1)Biosecurity matter is prohibited matter if it is—

(a)prescribed by regulation to be prohibited matter; or

(b)declared to be prohibited matter under section 31(1).

(2)However, a regulation may be made under subsection (1)(a) only if the Minister is satisfied the biosecurity matter satisfies the prohibited matter criteria under section 20.

(3)A regulation under subsection (1)(a) may prescribe particular prohibited matter to be invasive biosecurity matter.

108   Replacement of s 21 (What is restricted matter)

Section 21—
omit, insert—

21   What is restricted matter

(1)Biosecurity matter is restricted matter if it is prescribed by regulation to be restricted matter.

(2)However, a regulation may be made under subsection (1) only if the Minister is satisfied that—

(a)the biosecurity matter poses or is likely to pose a biosecurity risk; and

(b)the biosecurity matter satisfies the restricted matter criteria under section 22.

(3)A regulation under subsection (1) may prescribe particular restricted matter to be invasive biosecurity matter.

(4)A regulation under subsection (1) must classify restricted matter by assigning 1 or more category numbers to the restricted matter.

(5)A reference in this Act to restricted matter of a particular category number is a reference to the restricted matter assigned that category number under a regulation.

109   Replacement of ch 2, pt 2, div 1, hdg (Establishing what is prohibited matter)

Chapter 2, part 2, division 1, heading—
omit, insert—

Division 1 Emergency prohibited matter declaration

110   Omission of ss 29 and 30

Sections 29 and 30—
omit.

111   Amendment of s 31 (Chief executive may make emergency prohibited matter declaration)

(1)Section 31(1)—
omit, insert—

(1)The chief executive may, by notice signed by the chief executive (an emergency prohibited matter declaration), declare particular biosecurity matter to be prohibited matter.

(2)Section 31(2), ‘subsection (1)(a)’—
omit, insert—

subsection (1)

(3)Section 31(2)(a), ‘as provided for in’—
omit, insert—

under

(4)Section 31(3) and (4)—
omit, insert—

(3)The chief executive may declare particular prohibited matter to be invasive biosecurity matter under an emergency prohibited matter declaration.

(5)Section 31(5), before paragraph (a)—
insert—

(aa)publish on the department’s website the emergency prohibited matter declaration; and

(6)Section 31(5)(aa) to (b)—
renumber as section 31(5)(a) to (c).

(7)Section 31(6), ‘or (5)’—
omit.

(8)Section 31(5) and (6)—
renumber as section 31(4) and (5).

112   Amendment of s 33 (Effect and duration of emergency prohibited matter declaration)

Section 33(2)—
omit, insert—

(2)An emergency prohibited matter declaration remains in force until the day that is 3 months after the day it was made, unless it is sooner revoked.

113   Omission of ss 34 and 35

Sections 34 and 35—
omit.

114   Replacement of ch 2, pt 3 hdg (Restricted matter)

Chapter 2, part 3, heading—
omit, insert—

Part 3    Obligations relating to restricted matter

115   Omission of ch 2, pt 3, div 1 (Establishing what is restricted matter)

Chapter 2, part 3, division 1—
omit.

116   Omission of ch 2, pt 3, div 2, hdg (Obligations relating to restricted matter)

Chapter 2, part 3, division 2 heading—
omit.

117   Amendment of s 48 (Main function of local government)

(1)Section 48(1)(a) to (e), as amended by this Act—
omit, insert—

(a)prohibited matter prescribed by regulation as invasive biosecurity matter;

(b)prohibited matter declared as invasive biosecurity matter under an emergency prohibited matter declaration;

(c)restricted matter prescribed by regulation as invasive biosecurity matter;

(d)an invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c), that—

(i)is provided for under a local law of the local government under subsection (4); and

(ii)in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria.

(2)Section 48(2), as inserted and renumbered by this Act, ‘subsection (1)(e)(ii)’—
omit, insert—

subsection (1)(d)(ii)

117A    Insertion of new ch 19, pt 4

Chapter 19—
insert—

Part 4    Transitional provision for Agriculture and Fisheries and Other Legislation Amendment Act 2024

516   Existing prohibited matter

(1)This section applies if—

(a)biosecurity matter was mentioned in schedule 1, as in force immediately before the commencement; and

(b)on the commencement, the biosecurity matter is prescribed by a regulation to be prohibited matter.

(2)Section 19(2) does not apply, and is taken to never have applied, in relation to the making of the regulation.

118   Omission of schs 1 and 2

Schedules 1 and 2—
omit.

119   Amendment and renumbering of sch 4 (Dictionary)

(1)Schedule 4, definitions prohibited matter, prohibited matter regulation, restricted matter and restricted matter regulation—
omit.

(2)Schedule 4—
insert—

prohibited matter see section 19(1).

restricted matter see section 21(1).

(3)Schedule 4, definition repealed Act, paragraph 1, ‘schedule 3’—
omit, insert—

schedule 1

(4)Schedule 4—
renumber as schedule 2.

Chapter 6    Amendment of Chemical Usage (Agricultural and Veterinary) Control Act 1988

120   Act amended

This chapter amends the Chemical Usage (Agricultural and Veterinary) Control Act 1988.

121   Replacement of s 32 (Forfeiture to Crown)

Section 32—
omit, insert—

32   Returning seized thing

(1)This section applies if an inspector has seized a thing under section 20(1)(g).

(2)If the thing was seized as evidence, the chief executive must return the thing to its owner if the chief executive is satisfied—

(a)it is no longer necessary to keep the thing as evidence; and

(b)it is no longer necessary to keep the thing to prevent the thing from being possessed or used to commit the offence for which the thing was seized; and

(c)it is lawful for the owner to possess the thing.

(3)Subject to subsection (2), the chief executive must return the thing to its owner unless the chief executive is satisfied there are reasonable grounds to keep the thing.

(4)Without limiting subsection (3), there are reasonable grounds to keep the thing if—

(a)it is unlawful for the owner to possess the thing; or

(b)the thing is likely to be dealt with in contravention of a notice given under section 16, if it is returned to the owner; or

(c)the thing is likely to be dealt with contrary to an approval given under section 17, if it is returned to the owner; or

(d)the thing is likely to be used, stored, disposed of or otherwise dealt with contrary to this Act; or

(e)the thing is needed, or may be needed, for—

(i)a proceeding for an offence against this Act that is likely to be started or that has been started but not completed; or

(ii)an appeal from a decision in a proceeding for an offence against this Act.

(5)Nothing in this section affects a lien or other security over the seized thing.

32A   Forfeiture of seized thing to State

(1)This section applies if—

(a)an inspector has seized a thing under section 20(1)(g); and

(b)either of the following applies—

(i)no appeal against the decision to seize the thing has been made under section 22;

(ii)an appeal against the decision to seize the thing under section 22 has been withdrawn or dismissed; and

(c)the thing has not been returned to its owner under section 32.

(2)The chief executive may decide a seized thing is forfeited to the State if an inspector—

(a)after making reasonable inquiries—can not find the owner of the thing; or

(b)after making reasonable efforts—can not return the thing to its owner; or

(c)reasonably believes it is necessary to keep the thing—

(i)to prevent it being used, stored, disposed of or otherwise dealt with contrary to this Act; or

(ii)to prevent it from being used to commit the offence for which it was seized.

(3)However, the inspector is not required to—

(a)make inquiries if it would be unreasonable to make inquiries to find an owner; or

(b)make efforts if it would be unreasonable to make efforts to return the thing to an owner.

Example for paragraph (b)—

the owner of the thing has migrated to another country

(4)The inspector must consider the thing’s condition, nature and value when deciding—

(a)whether it is reasonable to make inquiries or efforts; and

(b)if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.

(5)If the chief executive decides the seized thing is forfeited to the State, the chief executive must give an information notice for the decision to a person (the former owner) who owned the thing immediately before the thing was forfeited.

(6)If the decision was made under subsection (2)(a) or (b), the decision notice may be given by leaving the notice at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.

(7)The decision notice must state that the former owner may apply for a stay of the decision if the former owner appeals against the decision.

(8)However, subsections (5) to (7) do not apply if—

(a)the decision was made under subsection (2)(a) or (b); and

(b)the place where the thing was seized is—

(i)a public place; or

(ii)a place where the notice is unlikely to be read by the former owner.

32B   Dealing with things forfeited or transferred to State

(1)A thing becomes the property of the State if—

(a)the thing is forfeited to the State under section 32A(2); or

(b)the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.

(2)The chief executive may deal with the thing as the chief executive considers appropriate (for example, by destroying the thing or giving it away).

(3)However, the chief executive must not deal with the thing in a way that could prejudice the outcome of an appeal against the seizure of the thing.

(4)If the chief executive sells the thing, the chief executive may, after deducting the costs of the sale, return the proceeds of the sale to the owner of the thing.

32C   Right of appeal to Magistrates Court for decision to forfeit

(1)This section applies in relation to a decision by the chief executive to forfeit a thing to the State under section 32A(2).

(2)A person who is dissatisfied with the decision may appeal to a Magistrates Court against the decision.

(3)Each of sections 22A, 22B, 22C, 22D and 22E apply in relation to the appeal as if—

(a)a reference in the section to an appeal were a reference to an appeal under subsection (2); and

(b)a reference in the section to the appellant were a reference to the person appealing under subsection (2); and

(c)a reference in the section to the decision appealed against were a reference to the decision under section 32A(2); and

(d)a reference in the section to the decision maker were a reference to the chief executive.

122   Amendment of schedule (Dictionary)

Schedule—
insert—

owner, of a thing that has been seized under this Act, includes a person who would be entitled to possession of the thing had it not been seized.

Chapter 7    Amendment of Drugs Misuse Act 1986

123   Act amended

This chapter amends the Drugs Misuse Act 1986.

124   Amendment of s 50 (What researcher licences authorise)

(1)Section 50(1)(d)(iii)—
omit.

(2)Section 50(1)(d)(iv)—
renumber as section 50(1)(d)(iii).

(3)Section 50(1)—
insert—

(h)to supply industrial cannabis seed to a seed handler.

125   Amendment of s 51 (What grower licences authorise)

(1)Section 51(c)(iii)—
omit, insert—

(iii)a seed handler; or

(iv)a person authorised under a regulation under section 48 to possess industrial cannabis seed; and

(2)Section 51—
insert—

(j)to supply industrial cannabis plants to a person authorised under a regulation under section 48 to possess industrial cannabis plants.

126   Insertion of new pt 5B, div 12B

After part 5B, division 12A—
insert—

Division 12B Information sharing

110CA    Exchanging information with relevant entity

(1)The chief executive may enter into an arrangement (an information-sharing arrangement) with a relevant entity for the purposes of sharing or exchanging the following information—

(a)information held by the chief executive or the relevant entity;

(b)information to which the chief executive or the relevant entity has access.

(2)An information-sharing arrangement under subsection (1) may relate only to—

(a)information held by the chief executive under part 5B; or

(b)information that helps—

(i)the chief executive to perform the chief executive’s functions under part 5B; or

(ii)the relevant entity perform the entity’s functions under a law of the State, another State or the Commonwealth.

(3)Under an information-sharing arrangement, the chief executive and the relevant entity are, despite another Act or law, authorised to—

(a)ask for and receive information held by the other party to the arrangement or to which the other party has access; and

(b)disclose information to the other party.

(4)Despite subsections (1) to (3)—

(a)the chief executive must not share or exchange, under an information-sharing arrangement, information contained in a report about a person’s criminal history; and

(b)the chief executive or the relevant entity may use information received under an information-sharing arrangement only for the purpose for which the information was given under the arrangement.

(5)In this section—

relevant entity means—

(a)the commissioner of the police service; or

(b)the chief executive of a department; or

(c)an entity of, or representing, the Commonwealth or another State.

Chapter 8    Amendment of Exhibited Animals Act 2015

127   Act amended

This chapter amends the Exhibited Animals Act 2015.

Note—

See also the amendments in schedule 1, parts 1 and 3.

128   Amendment of s 33 (Meaning of authorised animal (category A))

(1)Section 33(b)—
omit, insert—

(b)any of the following under the Nature Conservation Act—

(i)a class 1 animal;

(ii)a class 2 animal;

(iii)a dangerous animal.

(2)Section 33, note—
omit.

129   Amendment of s 64 (Content of each exhibited animal authority)

Section 64(1)(c), example—
omit.

Chapter 9    Amendment of Farm Business Debt Mediation Act 2017

130   Act amended

This chapter amends the Farm Business Debt Mediation Act 2017.

Note—

See also the amendments in schedule 1, part 1.

131   Amendment of s 14 (Notice of intention to take enforcement action)

(1)Section 14, heading—
omit, insert—

14   Notice inviting request for mediation

(2)Section 14(1)(a), ‘an enforcement action notice’—
omit, insert—

a notice inviting a request for mediation

(3)Section 14(2), ‘An enforcement action notice’—
omit, insert—

A notice inviting a request for mediation

(4)Section 14(4), ‘enforcement action notice’—
omit, insert—

notice inviting a request for mediation

132   Amendment of s 90A (Review of Act)

Section 90A(1), ‘5 years after 1 July 2017’—
omit, insert—

10 years after 20 June 2022

133   Amendment of sch 1 (Dictionary)

(1)Schedule 1, definition enforcement action notice—
omit.

(2)Schedule 1—
insert—

notice inviting a request for mediation see section 14(2).

Chapter 10    Amendment of Fisheries Act 1994

Part 1    Preliminary

134   Act amended

This chapter amends the Fisheries Act 1994.

Note—

See also the amendments in schedule 1, parts 1 and 3.

Part 2    Amendments commencing on assent

135   Amendment of s 3A (How particular purposes are to be primarily achieved)

Section 3A(1)(b) and (2)(a), ‘indigenous fishing’—
omit, insert—

Indigenous fishing

136   Amendment of s 5 (Meaning of fish)

Section 5(2)(c), ‘, bêche-de-mer and other’—
omit, insert—

and

137   Amendment of s 14 (Defence for Aborigines and Torres Strait Islanders for particular offences)

(1)Section 14, heading, ‘Aborigines and Torres Strait Islanders’—
omit, insert—

Aboriginal peoples and Torres Strait Islander peoples

(2)Section 14(1)(a) and (b), ‘Aborigine’—
omit, insert—

Aboriginal person

(3)Section 14(1)(a) and (b), after ‘Torres Strait Islander’—
insert—

person

(4)Section 14, ‘Island Custom’—
omit, insert—

Ailan Kastom

138   Amendment of s 31 (Exclusion zone)

(1)Section 31(1) to (3), ‘apparatus’—
omit, insert—

equipment

(2)Section 31(3), ‘on a boat’—
omit, insert—

in a boat

(2A)Section 31(4), definition exclusion zone, ‘apparatus’—
omit, insert—

equipment

(3)Section 31(4), definition shark control apparatus—
omit, insert—

shark control equipment means—

(a)any equipment, such as a net or line, that is connected to a buoy marked with the words ‘shark control program’; and

(b)any buoy or other thing that is connected to the equipment.

Examples of other things for paragraph (b)—

anchor, float, hook, sinker

139   Amendment of s 61 (Conditions imposed on issue or renewal—general)

Section 61(1)(b), ‘payment of a bond’—
omit, insert—

the holder of the authority to give a bank guarantee

140   Insertion of new s 61A

After section 61—
insert—

61A   Conditions imposed for repeated interactions with protected animals

(1)This section applies if an authority holder has more than 1 interaction with a protected animal within a 12 month period.

(2)The chief executive may amend the authority to impose reasonable conditions to reduce the risk of future interactions with a protected animal during a stated reasonable period, including, for example—

(a)a condition requiring the holder to develop an individual mitigation plan; and

(b)a condition imposing additional information requirements on the holder; and

(c)a condition imposing a restriction on—

(i)how long nets may be placed in the water; or

(ii)the types of fishing apparatus that may be used; or

(iii)the carrying out of particular fishing activities.

(3)If the chief executive imposes a condition on an authority under this section, the chief executive must—

(a)state in the condition a period within which the condition must be reviewed; and

(b)review the condition within the stated period and decide whether or not the authority should be amended to remove the condition.

(4)If the chief executive imposes a condition on an authority under this section, the chief executive must give the holder of the authority an information notice for the decision to impose the condition.

(5)Section 61(8) to (10) apply in relation to the imposition of a condition on an authority under this section.

(6)Section 63 does not apply to an amendment of an authority under this section.

(7)A condition imposed on an authority under this section may also be imposed on the authority on the renewal of the authority if the period for which the condition applies has not ended.

(8)In this section—

interaction, with a protected animal, means physical contact between a boat, person or fishing apparatus involved in a fishing operation and the animal.

141   Amendment of s 63 (Amendment of authority)

76ZA    Application of subdivision

This subdivision applies in relation to an authority that is subject to a video monitoring condition for 1 or more boats used under the authority (each a relevant boat).

76ZB    Definitions for subdivision

In this subdivision—

monitoring period means—

(a)if the video monitoring condition is imposed on the authority by the chief executive under section 61—the monitoring period stated in the authority; or

(b)if the video monitoring condition is imposed on the authority by a regulation under section 62—the monitoring period prescribed by regulation for the authority.

relevant boat see section 76ZA.

76ZC    Recreational activities not to be recorded

(1)Nothing in this division requires, and no condition imposed or regulation made under this division may require, a recreational activity to be monitored or recorded.

(2)In this section—

recreational activity means an activity that is not related to a commercial fishing activity, including, for example—

(a)recreational fishing; and

(b)activities of a personal or domestic nature.

76ZD    Installing and using equipment

The holder of, or another person acting under, the authority must ensure—

(a)approved video monitoring equipment for a relevant boat is installed in the boat in the position and way prescribed by regulation; and

(b)during each monitoring period, the approved video monitoring equipment is working properly and records all commercial fishing activities carried out in the relevant boat during the period that—

(i)are prescribed by regulation for this section for the authority; and

(ii)the equipment is capable of recording having regard to the type of equipment and the position and way the equipment is installed in the boat.

Maximum penalty—1,000 penalty units.

76ZE    Giving recording and related information

(1)This section applies if the approved video monitoring equipment installed on a relevant boat records a commercial fishing activity carried out in the boat as required under section 76ZD.

(2)The holder of, or another person acting under, the authority must give to the chief executive, in the required way and at the required time—

(a)the recording; and

(b)the information prescribed by regulation about the recording.

Maximum penalty—1,000 penalty units.

(3)In this section—

required time means—

(a)if the video monitoring condition is imposed on the authority by the chief executive under section 61—the time stated in the authority; or

(b)if the video monitoring condition is imposed on the authority by a regulation under section 62—the time prescribed by regulation for the authority.

required way means—

(a)if the video monitoring condition is imposed on the authority by the chief executive under section 61—the way stated in the authority; or

(b)if the video monitoring condition is imposed on the authority by a regulation under section 62—the way prescribed by regulation for the authority.

76ZF    Malfunctioning equipment

(1)This section applies if the approved video monitoring equipment installed on a relevant boat malfunctions during a monitoring period.

(2)The holder of, or another person acting under, the authority must—

(a)immediately notify the chief executive of the malfunction in the way prescribed by regulation; and

(b)comply with the procedures prescribed by regulation to rectify the malfunction.

Maximum penalty—1,000 penalty units.

(3)The procedures prescribed for subsection (2)(b) may require—

(a)the repair of the approved video monitoring equipment to rectify the malfunction; or

(b)the replacement of the approved video monitoring equipment if the malfunction can not be rectified by repairing the equipment.

(4)In this section—

malfunctions, in relation to approved video monitoring equipment, means the equipment fails to work entirely or fails to work properly.

76ZG    Equipment not to be interfered with

A person must not interfere with the operation of approved video monitoring equipment installed on a relevant boat being used under the authority.

Maximum penalty—1,000 penalty units.

Division 3C Observation condition

Subdivision 1 Preliminary

76ZH    Definitions for division

In this division—

commercial fishing activity means—

(a)taking, possessing or using fisheries resources for trade or commerce; or

(b)possessing or using commercial fishing apparatus.

observation condition see section 76ZI.

76ZI    What is an observation condition

An observation condition is a condition imposed on an authority requiring an official observer to be placed in a boat, or a type of boat, used under the authority to monitor commercial fishing activities carried out under the authority.

76ZJ    Imposition of observation condition

(1)An observation condition may be imposed —

(a)by the chief executive under section 61 on an authority in relation to a boat, or a type of boat, used under the authority; or

(b)by regulation under section 62 on authorities of a type in relation to boats of a type used under the authorities.

(2)The chief executive may impose an observation condition on an authority only if the chief executive is satisfied the imposition of the condition is reasonably necessary to monitor—

(a)whether the purposes of this Act are being achieved; or

(b)how commercial fishing activities are carried out under the authority.

(3)The Minister may recommend to the Governor in Council the making of a regulation imposing an observation condition on authorities of a type if the Minister is satisfied the condition is reasonably necessary to monitor—

(a)whether the purposes of this Act are being achieved; or

(b)how commercial fishing activities are carried out under the authorities.

Subdivision 2 Appointing official observers

76ZK    Appointment of official observer

(1)The chief executive may, by instrument in writing, appoint an appropriately qualified person as an official observer.

(2)An official observer holds office on any conditions stated in—

(a)the official observer’s instrument of appointment; or

(b)a signed notice given to the official observer; or

(c)a regulation.

(3)The instrument of appointment, a signed notice given to the official observer or a regulation may limit the official observer’s powers.

(4)In this section—

signed notice means a notice signed by the chief executive.

76ZL    Function and powers of official observer

(1)An official observer has the function of monitoring, for the administration and enforcement of this Act, commercial fishing activities carried out in a boat under an authority that is subject to an observation condition.

(2)An official observer may exercise powers under this division for the purpose of the function mentioned in subsection (1).

(3)An official observer may do anything necessary to perform the observer’s function mentioned in subsection (1), including, for example—

(a)obtain, record and give the chief executive information about the commercial fishing activities; and

(b)have access to any part of the boat or any thing in the boat as may be necessary to exercise the observer’s powers; and

(c)make a requirement of the holder of, or another person acting under, the authority to give the observer reasonable help to exercise a power, including, for example, to produce a document or give information.

(4)The powers of an official observer may be limited—

(a)under a regulation; or

(b)under a condition of appointment; or

(c)by written notice of the chief executive given to the observer.

(5)An official observer must, when performing the function or exercising a power of an official observer in a boat, have regard to the nature of the commercial fishing activities being carried out in the boat.

(6)If a person who is an official observer is also an inspector, this division applies in relation to the person in addition to part 8 and does not limit or otherwise affect the person’s performance of the functions or exercise of the powers of an inspector under this Act.

Subdivision 3 Placement of official observers

76ZM    Application of subdivision

This subdivision applies in relation to an authority that is subject to an observation condition for 1 or more boats used under the authority (each a relevant boat).

76ZN    Definitions for subdivision

In this subdivision—

observation notice see section 76ZO(1).

observation period see section 76ZO(2)(a)(ii).

relevant boat see section 76ZM.

76ZO    Observation notice

(1)The chief executive may give the holder of the authority written notice (an observation notice) of the chief executive’s intention to place an official observer on a relevant boat.

(2)The observation notice must—

(a)state—

(i)the name of the official observer; and

(ii)the reasonable period (the observation period) during which the official observer is required to be on the relevant boat; and

(b)be given within a reasonable period before the observation period starts.

(3)In deciding what is a reasonable period for subsection (2)(a)(ii) or (b), the chief executive must have regard to—

(a)the nature of the commercial fishing activities to be carried out on the relevant boat during the proposed observation period; and

(b)any submission the holder of the authority has made to the chief executive in relation to the observation condition; and

(c)any other matter prescribed by regulation.

76ZP    Requirement to allow official observer to perform function and exercise powers

(1)This section applies if the holder of the authority has been given an observation notice under section 76ZO in relation to a relevant boat.

(2)The holder, or another person acting under the authority, must allow the official observer stated in the observation notice to—

(a)board the relevant boat; and

(b)perform the observer’s function and exercise the observer’s powers in the relevant boat during the observation period.

Maximum penalty—1,000 penalty units.

(3)The holder, or another person acting under the authority, may use the relevant boat for a commercial fishing activity during the observation period only if subsection (2) is being complied with.

Maximum penalty—1,000 penalty units.

76ZQ    Requirement to help official observer

(1)This section applies if an official observer on board a relevant boat under section 76ZP—

(a)makes a requirement of the holder of, or another person acting under, the authority under section 76ZL(3)(c) to give the observer reasonable help to exercise a power; and

(b)warns the holder or other person that, without a reasonable excuse, it is an offence for the holder or other person not to comply with the requirement.

(2)The holder of, or other person acting under, the authority must comply with the requirement unless the holder or other person has a reasonable excuse.

Maximum penalty—1,000 penalty units.

(3)It is a reasonable excuse for an individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual or expose the individual to a penalty.

(4)However, subsection (3) does not apply in relation to a requirement to give a document or information if the document or information is required to be held or kept by the individual under this Act.

76ZR    Reasonable help if official observer unable to perform function

(1)This section applies if an official observer on board a relevant boat under section 76ZP is or becomes unable to perform the observer’s function or exercise the observer’s powers under this division.

Example—

the official observer is injured or becomes ill

(2)The official observer—

(a)must notify the chief executive of the matter mentioned in subsection (1); and

(b)may ask the holder of, or another person acting under, the authority to allow the observer to leave the relevant boat.

(3)If the official observer makes a request under subsection (2)(b), the holder of, or other person acting under, the authority must take all reasonable steps to help the official observer to leave the relevant boat.

Maximum penalty—1,000 penalty units.

(4)The chief executive may give the holder of, or another person acting under, the authority a written notice stating that the official observer (the original observer) is to be replaced with another official observer (the replacement observer) for the remainder of the observation period.

(5)If the chief executive gives a notice under subsection (4), the holder of, or other person acting under, the authority must take all reasonable steps to help with the replacement of the original observer with the replacement observer.

Maximum penalty—1,000 penalty units.

(6)Subsections (4) and (5) apply even if the original observer leaves the relevant boat before the notice is given under subsection (4) or the replacement of the original observer is required to happen under subsection (5).

174   Amendment of s 216A (Immunity from prosecution)

(1)Section 216A(1), after ‘inspector’—
insert—

or official observer

(2)Section 216A(2), ‘or an inspector’—
omit, insert—

, an inspector or an official observer

175   Amendment of s 217 (Protection from liability)

Section 217(1), definition official—
insert—

(e)an official observer; or

(f)a person helping an official observer at the observer’s direction.

176   Amendment of s 217B (Confidentiality of information)

Section 217B(1)(a)(ii), after ‘inspector’—
insert—

or official observer

177   Amendment of s 221 (Inspector not to have interest in authority)

(1)Section 221, heading, after ‘Inspector’—
insert—

or official observer

(2)Section 221(1), after ‘inspector’—
insert—

or official observer

178   Amendment of sch 1 (Dictionary)

Schedule 1—
insert—

approved video monitoring equipment, for a boat or type of boat, for part 5, division 3B, see section 76W.

commercial fishing activity—

(a)for part 5, division 3B—see section 76W; or

(b)for part 5, division 3C—see section 76ZH.

monitoring period, for part 5, division 3B, subdivision 2, see section 76ZB.

observation condition, for part 5, division 3C, see section 76ZI.

observation notice, for part 5, division 3C, subdivision 3, see section 76ZO(1).

observation period, for part 5, division 3C, subdivision 3, see section 76ZO(2)(a)(ii).

official observer means a person appointed as an official observer under section 76ZK.

relevant boat—

(a)for part 5, division 3B, subdivision 2—see section 76ZA; or

(b)for part 5, division 3C, subdivision 3—see section 76ZM.

video monitoring condition, for part 5, division 3B, see section 76X.

video monitoring equipment, for part 5, division 3B, see section 76W.

Division 3 Other amendment

179   Amendment of s 5 (Meaning of fish)

(1)Section 5(3)(a) and (b)—
omit.

(2)Section 5(3)(c) and (d)—
renumber as section 5(3)(a) and (b).

Chapter 11    Amendment of Forestry Act 1959

180   Act amended

This chapter amends the Forestry Act 1959.

181   Amendment of s 32B (Particular areas of conservation value to be removed from State plantation forest)

(1)Section 32B, table, entries for Yurol, Brooweena, Bulburin and Goodnight Scrub—
omit.

(2)Section 32B, table, entry for Wongabel, column 2, ‘Lots A, B, C & D on PLP0191’—
omit, insert—

Lot D on PLP0191

Chapter 12    Amendment of Nature Conservation Act 1992

182   Act amended

This chapter amends the Nature Conservation Act 1992.

Note—

See also the amendments in schedule 1, part 3.

183   Amendment of s 4 (Object of Act)

(1)Section 4, ‘indigenous people’—
omit, insert—

Aboriginal peoples and Torres Strait Islander peoples

(2)Section 4, ‘Island custom’—
omit, insert—

Ailan Kastom

184   Amendment of s 5 (How object is to be achieved)

Section 5(f), ‘Aborigines and Torres Strait Islanders’—
omit, insert—

Aboriginal peoples and Torres Strait Islander peoples

185   Amendment of s 6 (Community participation in administration of Act)

Section 6, ‘Aborigines and Torres Strait Islanders’—
omit, insert—

Aboriginal peoples and Torres Strait Islander peoples

186   Amendment of schedule (Dictionary)

(1)Schedule, definitions indigenous joint management area, indigenous landholder, indigenous land use agreement and indigenous management agreement—
omit.

(2)Schedule—
insert—

Indigenous joint management area means an area declared under this Act as an Indigenous joint management area.

Indigenous landholder, for a protected area or land, means the entity that, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991, is the trustee for the protected area or land.

Indigenous land use agreement means an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements under the Native Title Act 1993 (Cwlth).

Indigenous management agreement, in relation to land, means an indigenous management agreement under the Aboriginal Land Act 1991 about the management of the land.

Chapter 13    Amendment of Sugar Industry Act 1999

187   Act amended

This chapter amends the Sugar Industry Act 1999.

188   Amendment of s 255A (Allegations of false or misleading matters)

Section 255A(3)—
omit.

Chapter 14    Amendment of Veterinary Surgeons Act 1936

189   Act amended

This chapter amends the Veterinary Surgeons Act 1936.

Note—

See also the amendments in schedule 1, part 3.

190   Amendment of s 25F (Criteria for decision)

Section 25F(a), editor’s note—
omit, insert—

Note—

A copy of the standards is available on the board’s website.

191   Replacement of s 33C (Veterinary surgeon to produce records)

Section 33C—
omit, insert—

33C   Producing documents

(1)The board may, by written notice given to a veterinary surgeon, require the person to produce to the board, within a stated reasonable period, a document required to be kept by the person under this Act in relation to the person’s practice of veterinary science.

(2)The board may, by written notice given to a person who holds an approval to use premises as veterinary premises, require the person to produce to the board, within a stated reasonable period, a document required to be kept under the approval in relation to the practice of veterinary science at the premises.

(3)A person of whom a requirement is made under subsection (1) or (2) must comply with the requirement.

Maximum penalty—10 penalty units.

(4)If a person produces a document to the board under subsection (1) or (2), the board may—

(a)inspect, copy, or take an extract from, the document; or

(b)keep the document for the period that the board considers necessary.

(5)If the board copies or takes an extract from, a document under subsection (4)(a), the board must return the document to the person who produced it.

(6)If the board keeps a document under subsection (4)(b), the board must allow the person who produced the document to inspect, make copies of, or take extracts from, the document at any reasonable time.

Chapter 15    Other amendments

192   Legislation amended

Schedule 1 amends the legislation it mentions.

Schedule 1 Other amendments

section 192

Part 1    Amendments commencing on assent

Animal Care and Protection Act 2001

1   Omission of notes

The notes in the following provisions are omitted—

•section 15(3)

•section 18(1)

•section 19(1) and (2)

•section 21(1)

•section 30

•section 31

•section 32(1)

•section 35

•section 36(1) and (3)

•section 37(1)

•section 51(1)

•section 91

•section 92

•section 161

•section 187.

2   Section 17(2), notes—

omit, insert—

Note—

See also section 9.

3   Schedule, definition animal welfare offence, paragraph (a), ‘, 209’—

omit.

Animal Management (Cats and Dogs) Act 2008

1   Section 121(2)(a), ‘himself or herself’—

omit, insert—

themself

2   Section 133, heading, ‘notice’—

omit, insert—

compliance notice

3   Section 181(2), ‘appointed to’—

omit, insert—

appointed by

4   Schedule 2, definition original decider, paragraph (b), ‘appointed to’—

omit, insert—

appointed by

Biosecurity Act 2014

1   Section 479(3), ‘section 214(6)(a) to (c)’—

omit, insert—

section 214(6)(a) or (b)

Exhibited Animals Act 2015

1   Section 38(4), definition prohibited wildlife, note—

omit.

2   Schedule 2, definition international wildlife, note—

omit.

Farm Business Debt Mediation Act 2017

1   Section 15(1)(a), ‘an enforcement action notice’—

omit, insert—

a notice inviting a request for mediation

2   Section 16(2), ‘enforcement action notice’—

omit, insert—

notice inviting a request for mediation

3   Section 16(5), ‘an enforcement action notice’—

omit, insert—

a notice inviting a request for mediation

4   Section 49(1)(c)(ii), ‘an enforcement action notice’—

omit, insert—

a notice inviting a request for mediation

5   Section 52(3), ‘an enforcement action notice’—

omit, insert—

a notice inviting a request for mediation

6   Section 53(1), ‘an enforcement action notice’—

omit, insert—

a notice inviting a request for mediation

7   Section 56(3)(e), ‘an enforcement action notice’—

omit, insert—

a notice inviting a request for mediation

Fisheries Act 1994

1   Section 77A(2), ‘on a boat’—

omit, insert—

in a boat

2   Section 88(3), ‘on a boat’—

omit, insert—

in a boat

3   Section 89A(1)(m), ‘rocklobster’—

omit, insert—

rock lobster

4   Section 118(6), definition protected animal—

omit.

5   Part 8, division 2, heading, ‘Powers’—

omit, insert—

General powers

6   Section 146(5)(b), ‘or on’—

omit.

7   Section 148(4)(b), ‘at the place, on the boat or in the vehicle’—

omit, insert—

in the place, boat or vehicle

8   Section 148A(1)(a), ‘at the place’—

omit, insert—

in the place

9   Section 150(1)(b), (c), (e), (f) and (i) ‘or on’—

omit.

10   Section 150(1)(g), ‘at the place, on the boat, or in the vehicle’—

omit, insert—

in the place, boat or vehicle

11   Section 150(1)(j)(ii), ‘at the place’—

omit, insert—

in the place

12   Section 154(2)(b), examples, item 1, ‘on a boat’—

omit, insert—

in a boat

13   Section 155(1)(a), ‘on a boat,’—

omit, insert—

in a boat or on

14   Section 156(2)(b), ‘at the place’—

omit, insert—

in the place

15   Part 8, division 3, heading and part 8, division 3, subdivision 1, heading—

omit, insert—

Subdivision 2 Procedures after seizure

16   Part 8, division 3, subdivision 2, heading—

omit, insert—

Subdivision 3 Appeal against seizure of fisheries resources

17   Part 8, division 2A, as inserted by this Act—

renumber as part 8, division 3.

18   Section 173E(1)(a), ‘at a place’—

omit, insert—

in a place

19   Section 173E(5), ‘at the place’—

omit, insert—

in the place

20   Section 178(1), ‘fisheries resources or’—

omit.

21   Section 180(2)(a), ‘on a boat’—

omit, insert—

in a boat

22   Section 180(3)(a), ‘at the place’—

omit, insert—

in the place

Forestry Regulation 2015

1   Schedule 2, entries for Lot A on PLP0391 and Lot I on PLP0952—

omit.

State Penalties Enforcement Regulation 2014

1   Schedule 1, entry for Biosecurity Act 2014, entry for section 43(2)—

omit, insert—

s 43(3) 5 25

Part 2    Amendments commencing on 28 August 2024

Animal Management (Cats and Dogs) Act 2008

1   Section 94, heading, after ‘Making’—

insert—

regulated dog

2   Section 138(1), ‘section 111(1)(h)’—

omit, insert—

section 111(1)(g)

Guide, Hearing and Assistance Dogs Act 2009

1   Section 36(c)—

omit, insert—

(c)is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth); and

2   Section 37(c)—

omit, insert—

(c)is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth); and

3   Section 38(c)—

omit, insert—

(c)is not a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth); and

Part 3    Amendments commencing by proclamation

Animal Care and Protection Act 2001

1   Section 42(3), definition pest animal, paragraph (b), notes—

omit.

Biosecurity Act 2014

1   Section 13, ‘schedule 4’—

omit, insert—

schedule 2

2   Section 506, heading, ‘sch 3’—

omit, insert—

sch 1

3   Section 506, ‘and schedule 3’—

omit, insert—

and schedule 1

4   Section 506, definition amended Act, ‘schedule 3’—

omit, insert—

schedule 1

5   Section 507(3), note, ‘Schedule 3’—

omit, insert—

Schedule 1

6   Section 513, ‘schedule 3’—

omit, insert—

schedule 1

7   Section 514(1), heading, ‘sch 3’—

omit, insert—

sch 1

8   Section 514(1), ‘schedule 3’—

omit, insert—

schedule 1

9   Section 514(2) and (3), ‘Schedule 3’—

omit, insert—

Schedule 1

10   Schedule 3—

renumber as schedule 1.

Chemical Usage (Agricultural and Veterinary) Control Regulation 2017

1   Section 11(2), definition natural resource management body, ‘schedule 4’—

omit, insert—

schedule 2

Exhibited Animals Act 2015

1   Schedule 2, definition prohibited matter—

omit, insert—

prohibited matter see the Biosecurity Act, section 19(1).

2   Schedule 2, definition restricted matter—

omit, insert—

restricted matter see the Biosecurity Act, section 21(1).

Fisheries Act 1994

1   Section 8(2)(a), notes—

omit.

2   Part 5, division 3, subdivision 2A—

omit.

3   Section 150(1), ‘this part’—

omit, insert—

this Act

Land Act 1994

1   Schedule 6, definition declared pest, paragraph (a)—

omit, insert—

(a)prohibited matter or restricted matter that is prescribed or declared as invasive biosecurity matter under the Biosecurity Act 2014; or

Mineral and Energy Resources (Common Provisions) Regulation 2016

1   Schedule 1, section 7(7), definition declared pest, paragraph (a)—

omit, insert—

(a)prohibited matter or restricted matter that is prescribed or declared as invasive biosecurity matter under the Biosecurity Act 2014; or

Mineral Resources Regulation 2013

1   Schedule 6, definition declared plant, paragraph (a)—

omit, insert—

(a)prohibited matter or restricted matter that is prescribed or declared as invasive biosecurity matter under the Biosecurity Act 2014; or

Nature Conservation Act 1992

1   Amendment of various provisions

Each provision mentioned in column 1 is amended by omitting the words in column 2 and inserting the words in column 3—

Column 1	Column 2	Column 3
Provision	Words omitted	Words inserted
section 15(1)(b)(ii)	indigenous	Indigenous
section 16(3)	indigenous	Indigenous
section 17(3)	indigenous	Indigenous
section 19(2)	Island custom	Ailan Kastom
section 21(2)	indigenous	Indigenous
section 21A(3)	indigenous	Indigenous
section 32(3), including note	indigenous	Indigenous
section 33(3), including note	indigenous	Indigenous
section 34(3), including note	indigenous	Indigenous
section 35(3), including note	indigenous	Indigenous
section 35A(3)	indigenous	Indigenous
section 36(5A), including note	indigenous	Indigenous
part 4, division 3, heading	indigenous	Indigenous
section 40(3)	indigenous	Indigenous
section 41(2) and (4)	indigenous	Indigenous
section 42AA(1)(b) and (3)	indigenous	Indigenous
section 42AB(1)(a) and (b)	indigenous	Indigenous
section 42AC(1)(a)	indigenous	Indigenous
section 42AD(1) and (2)	indigenous	Indigenous
section 42AE(1)	indigenous	Indigenous
section 42AEA(1)	indigenous	Indigenous
section 42AG	indigenous	Indigenous
section 42AH	indigenous	Indigenous
section 42AI	indigenous	Indigenous
section 42AJ	indigenous	Indigenous
section 42AK	indigenous	Indigenous
section 42AL	indigenous	Indigenous
section 42AM	indigenous	Indigenous
section 42AN	indigenous	Indigenous
section 42AO	indigenous	Indigenous
section 42AOA	indigenous	Indigenous
section 42AP	indigenous	Indigenous
section 42AQ(1)(a)(iv) and (b)	indigenous	Indigenous
section 42A(1A)	indigenous	Indigenous
section 43B(3)(b)	indigenous	Indigenous
section 62(1)(b)	indigenous	Indigenous
section 73(b)(iii)	by Aboriginal people under Aboriginal tradition or Torres Strait Islanders under Island custom	by Aboriginal peoples under Aboriginal tradition or Torres Strait Islander peoples under Ailan Kastom
section 88C(5)	Aborigine or Torres Strait Islander	Aboriginal or Torres Strait Islander person
section 93, heading	Aborigines’ and Torres Strait Islanders’	Aboriginal peoples’ and Torres Strait Islander peoples’
section 93(1) and (3)	Aborigine or Torres Strait Islander	Aboriginal or Torres Strait Islander person
section 93(1) to (3)	Island custom	Ailan Kastom
section 98(b)	Aborigine or Torres Strait Islander	Aboriginal or Torres Strait Islander person
section 111(1)(b)(iii) and (7)	indigenous	Indigenous
section 112(4)	indigenous	Indigenous
section 113C(b)	indigenous	Indigenous
section 115A(3)(c)	indigenous people	Aboriginal peoples and Torres Strait Islander peoples
section 120	indigenous	Indigenous
section 120AB(1) to (3)	indigenous	Indigenous
section 132A(2) and (3)	indigenous people	Aboriginal peoples or Torres Strait Islander peoples
section 132A(4)(b)	indigenous regional organisations	regional organisations representing Aboriginal peoples or Torres Strait Islander peoples
section 142(7), definition official, paragraph (c)	indigenous	Indigenous
schedule, definition cultural resources	Island custom	Ailan Kastom
schedule, definition existing service facility, paragraph (c)	indigenous	Indigenous
schedule, definition landholder, paragraph (c)	indigenous	Indigenous

2   Section 35A(3)—

insert—

Note—

For an Indigenous joint management area, see section 42AOA.

Nature Conservation (Macropod) Conservation Plan 2017

1   Section 8(4), definition restricted invasive animal—

omit, insert—

restricted invasive animal means an animal that is restricted matter and is prescribed as invasive biosecurity matter under the Biosecurity Act 2014.

Planning Regulation 2017

1   Schedule 24, definition declared pest, paragraph (a)—

omit, insert—

(a)prohibited matter or restricted matter that is prescribed or declared as invasive biosecurity matter under the Biosecurity Act 2014;

Public Health Act 2005

1   Section 22(1)(a), notes—

omit.

2   Section 36(3)(a), notes—

omit.

Stock Route Management Act 2002

1   Section 118(5), definition invasive biosecurity matter—

omit, insert—

invasive biosecurity matter means prohibited matter or restricted matter that is prescribed or declared as invasive biosecurity matter under the Biosecurity Act 2014.

Vegetation Management Act 1999

1   Schedule, definition declared pest, paragraph (a)—

omit, insert—

(a)prohibited matter or restricted matter that is prescribed or declared as invasive biosecurity matter under the Biosecurity Act 2014; or

Veterinary Surgeons Act 1936

1   Section 29C(1)(a), notes—

omit.

© State of Queensland 2024