Agriculture and Forestry Legislation Amendment Act 2013 (Qld)
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Queensland Agriculture and Forestry Legislation Amendment Act 2013 Act No. 41 of 2013
Queensland Agriculture and Forestry Legislation Amendment Act 2013 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of Agricultural Chemicals Distribution ControlAct 1966 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Replacement of ss 8–10B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Delegations by chief executive . . . . . . . . . . . . . . . . . . 8 Amendment of s 12 (Pilot chemical rating licence) . . . . . . . . . . . 9 Amendment of s 15 (Aerial distribution contractor licence) . . . . . 9 Amendment of s 16 (Commercial operators’ licence) . . . . . . . . . 9 Amendment of s 16B (Ground distribution contractor licence) . . . 9 Amendment of s 17 (Application for licences) . . . . . . . . . . . . . . . 9 Amendment of s 18 (Term of licence). . . . . . . . . . . . . . . . . . . . . . 9 Amendment of s 19 (Renewal of licence). . . . . . . . . . . . . . . . . . . 10 Amendment of s 19B (Notice of change in circumstances) . . . . . 10 Amendment of s 20 (Suspension of licence by standards officer) 10 Replacement of s 21 (Cancellation or suspension of licence) . . . 10 21 Grounds for suspension or cancellation of licence by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21A Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 21B Representations about show cause notice. . . . . . . . . 12 21C Ending show cause process without further action . . 12 21D Suspension or cancellation of licence . . . . . . . . . . . . 12 Amendment of s 22 (Right of review by QCAT) . . . . . . . . . . . . . . 13 Amendment of s 31 (Effect of failure to give notice) . . . . . . . . . . . 14
Agriculture and Forestry Legislation Amendment Act 2013 Contents 17 18 19 20 21 Part 3 22 23 24 Part 4 25 26 Part 5 Division 1 27 Division 2 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Page 2 Amendment of s 32 (Powers of inspection in case of damage to crops etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 33 (Board to make statement on damage) . . . . 15 Amendment of s 44A (Protection from liability) . . . . . . . . . . . . . . 15 Amendment of s 45 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of Agricultural Standards Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 20 (Entry to places) . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 24 (Entry to vehicles) . . . . . . . . . . . . . . . . . . . . 17 Amendment of Animal Care and Protection Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 18 (Animal cruelty prohibited) . . . . . . . . . . . . . . 18 Amendment of Animal Management (Cats and Dogs) Act2008 Preliminary Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendments about cat registration Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 3 (Purposes of Act) . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 4 (How purposes are to be primarily achieved). 20 Amendment of s 6 (Relationship with local laws) . . . . . . . . . . . . . 20 Amendment of s 9 (Who is an owner of a cat or dog) . . . . . . . . . 20 Amendment of s 25 (PID information must be given to licence holder) ................................... 21 Amendment of ch 2, pt 1, div 6, hdg (Giving identifying information) 21 Amendment of s 37 (Authorised implanter may give identifying information to particular persons). . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 38 (Licence holder may give identifying information to particular persons). . . . . . . . . . . . . . . . . . . . . . . . . 21 Replacement of ch 3, hdg (Registration) . . . . . . . . . . . . . . . . . . . 21 Amendment of s 44 (Registration obligation) . . . . . . . . . . . . . . . . 22 Amendment of s 45 (Cat or dog must bear identification in particular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Amendment of ch 3, pt 2, hdg (How cat or dog is registered) . . . 22 Amendment of s 46 (What owner must do) . . . . . . . . . . . . . . . . . 22 Amendment of s 49 (Relevant local government must give registration notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2013 Act No. 41
43 44 45 46 47 48 Division 3 49 50 51 52 53 Part 6 54 55 56 Agriculture and Forestry Legislation Amendment Act 2013 Contents Amendment of s 166 (Immediate suspension) . . . . . . . . . . . . . . . 23 Amendment of s 177 (Registers comprising cat and dog registry) ................................... 23 Amendment of s 210 (Regulation-making power) . . . . . . . . . . . . 23 Insertion of new ch 10, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Part 4 Transitional provisions for Agriculture andForestry Legislation Amendment Act 2013 Division 1 Preliminary 224 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 225 Interpretation for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2 Continuation of former chapter 3 for declared local governments 226 Cat registration under former ch 3 continues for declared local government . . . . . . . . . . . . . . . . . . . . . 25 Division 3 Continuation of cat registration for local governments 227 Registration form for registration of cat . . . . . . . . . . . 26 228 Registration fee paid to relevant local government under former s 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 27 Schedule amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Amendments about concurrent regulated dog declarations and destruction orders Amendment of s 95 (Notice and taking effect of declaration). . . . 29 Amendment of s 96 (Operation of pt 5) . . . . . . . . . . . . . . . . . . . . 29 Insertion of new s 127A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 127A Concurrent regulated dog declaration and destruction order ...................... 30 Amendment of s 178 (General register) . . . . . . . . . . . . . . . . . . . . 31 Insertion of new s 185A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 185A Internal review of concurrent regulated dog declaration and destruction order. . . . . . . . . . . . . . . . 31 Amendment of Forestry Act 1959 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Omission of pt 9 (Savings and transitional provisions for PrimaryIndustries and Natural Resources Legislation Amendment Act2000) ..................................... 32 Amendment of pt 10 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 2013 Act No. 41 Page 3
Agriculture and Forestry Legislation Amendment Act 2013 Contents Part 7 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Part 8 72 73 74 75 76 77 78 Part 9 79 80 81 82 83 84 Amendment of Land Protection (Pest and Stock RouteManagement) Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ch 2, pt 2 hdg (State pest management strategies and guidelines for managing pests) . . . . . . . . . . . . . . . Amendment of ch 2, pt 2, div 1 hdg (State pest management strategies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (State pest management strategies) . . . . . . Amendment of s 11 (Preparing strategies). . . . . . . . . . . . . . . . . . Amendment of s 12 (Duration of strategies). . . . . . . . . . . . . . . . . Amendment of s 13 (Implementing strategies). . . . . . . . . . . . . . . Amendment of s 14 (Reviewing and renewing strategies) . . . . . . Amendment of ch 2, pt 2, div 3 hdg (Inspecting strategies and guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 16 (Strategies and guidelines to be available for inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 18 (Requirements of plan). . . . . . . . . . . . . . . . . Amendment of s 26 (Requirements of plan). . . . . . . . . . . . . . . . . Amendment of s 27 (Preparing draft plan) . . . . . . . . . . . . . . . . . . Amendment of s 33 (Reviewing and renewing plan) . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Rural and Regional Adjustment Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 3 (Object of Act) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 8 (Authority’s functions) . . . . . . . . . . . . . . . . . . . Amendment of s 11A (Authorisation for interstate schemes) . . . . Amendment of s 35 (Acting chief executive officer) . . . . . . . . . . . Insertion of new s 35B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35B Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 45 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . Amendment of Veterinary Surgeons Act 1936 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4C (Membership) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4D (Chairperson and deputy chairperson) . . . . Amendment of s 8 (Board to hold triennial election) . . . . . . . . . . Amendment of s 16 (Keeping registers) . . . . . . . . . . . . . . . . . . . . Insertion of new s 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 32 33 33 33 34 34 34 35 35 35 35 36 36 36 36 36 37 37 37 38 38 38 39 39 39 39 39 40 Page 4 2013 Act No. 41
85 86 87 88 89 90 91 92 93 94 Schedule 1 Agriculture and Forestry Legislation Amendment Act 2013 Contents 16A Arrangements between board and interstate registering authorities . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 17 (Annual fee) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 18 (Registration of veterinary surgeons) . . . . . . Insertion of new s 18B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18B Deemed registration as veterinary surgeon . . . . . . . . Amendment of s 19 (Application for registration) . . . . . . . . . . . . . Amendment of s 19B (Registration for limited period) . . . . . . . . . Insertion of new s 19CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19CA Deemed registration of veterinary specialists. . . . . . . Insertion of new s 22FA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22FA Board to notify interstate registering authorities of disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 26 and 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Notice about change in contact information . . . . . . . . 27 Veterinary surgeon to provide emergency contact details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 29C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29C Registrar must give emergency contact details to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Consequential amendments of Animal Management (Catsand Dogs) Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 40 41 41 41 42 42 43 43 43 43 44 44 45 45 45 46 49 2013 Act No. 41 Page 5
Queensland Agriculture and Forestry Legislation Amendment Act 2013 Act No. 41 of 2013 An Act to amend the Agricultural Chemicals Distribution Control Act 1966, the Agricultural Standards Act 1994, the Animal Care and Protection Act2001, the Animal Management (Cats and Dogs) Act 2008, the Forestry Act1959, the Land Protection (Pest and Stock Route Management) Act 2002, the Rural and Regional Adjustment Act 1994 and the Veterinary Surgeons Act1936 for particular purposes. [Assented to 23 September 2013]
Agriculture and Forestry Legislation Amendment Act 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Agriculture and Forestry Legislation Amendment Act 2013 . 2 Commencement (1) Part 2 commences on a day to be fixed by proclamation. (2) Part 5, division 2 and schedule 1 commences 28 days after the date of assent of this Act. Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966 3 Act amended This part amends the AgriculturalChemicalsDistributionControl Act 1966. 4 Replacement of ss 8–10B Sections 8 to 10B— omit , insert — 8 Delegations by chief executive The chief executive may delegate the chief executive’s powers under this Act to the standards officer. Page 8 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966 [s 5] 5 Amendment of s 12 (Pilot chemical rating licence) Section 12(1), from ‘Act’ to ‘grant’— omit , insert — Act, the chief executive may grant 6 Amendment of s 15 (Aerial distribution contractor licence) Section 15(1), from ‘Act’ to ‘grant’— omit , insert — Act, the chief executive may grant 7 Amendment of s 16 (Commercial operators’ licence) Section 16(1), from ‘Act’ to ‘grant’— omit , insert — Act, the chief executive may grant 8 Amendment of s 16B (Ground distribution contractor licence) Section 16B, ‘board’— omit , insert — chief executive 9 Amendment of s 17 (Application for licences) Section 17, ‘board’— omit , insert — chief executive 10 Amendment of s 18 (Term of licence) Section 18(2), ‘board’— 2013 Act No. 41 Page 9
Agriculture and Forestry Legislation Amendment Act 2013 Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966 [s 11] omit , insert — chief executive 11 Amendment of s 19 (Renewal of licence) Section 19, ‘board’— omit , insert — chief executive 12 Amendment of s 19B (Notice of change in circumstances) Section 19B(2), ‘board’— omit , insert — chief executive 13 Amendment of s 20 (Suspension of licence by standards officer) Section 20, ‘board’— omit , insert — chief executive 14 Replacement of s 21 (Cancellation or suspension of licence) Section 21— omit , insert — 21 Grounds for suspension or cancellation of licence by chief executive Each of the following is a ground for suspending or cancelling a licence under section 21D— (a) the licensee has committed an offence against this Act or the Health(DrugsandPoisons)Regulation1996 , section 290, made under the Health Act 1937 ; Page 10 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966 [s 14] (b) the licensee has done an act or made an omission that would not entitle the licensee to apply for a licence of the type held by the licensee; (c) the licence was issued because of a materially false, fraudulent or misleading document, representation or declaration; (d) the licensee is not, or is no longer, an appropriate person to continue to hold the licence; (e) if the licence is an aerial distribution contractor licence or a ground distribution contractor licence—the licensed distribution contractor has not complied with a request made by the standards officer under section 26(2). 21A Show cause notice (1) This section applies if the chief executive believes a ground exists to suspend or cancel a licence (the proposed action ). (2) Before taking the proposed action, the chief executive must give the licensee a notice (a show cause notice ) stating the following— (a) the proposed action; (b) the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) if the proposed action is suspension of the licence—the proposed suspension period; (e) that the licensee may, within a stated period (the show cause period ), make written representations to the chief executive to 2013 Act No. 41 Page 11
Agriculture and Forestry Legislation Amendment Act 2013 Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966 [s 14] show why the proposed action should not be taken. (3) The show cause period must end at least 21 days after the licensee is given the show cause notice. 21B Representations about show cause notice (1) The licensee may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken. (2) The chief executive must consider all representations (the accepted representations ) made under subsection (1). 21C Ending show cause process without further action If, after considering the accepted representations for a show cause notice, the chief executive no longer believes a ground exists to suspend or cancel the licence, the chief executive— (a) must not take any further action about the show cause notice; and (b) must give the licensee a notice that no further action is to be taken about the show cause notice. Page 12 21D Suspension or cancellation of licence (1) This section applies if— (a) there are no accepted representations for a show cause notice; or (b) after considering the accepted representations for a show cause notice, the chief executive— 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966 [s 15] (i) still believes a ground exists to suspend or cancel the licence; and (ii) believes suspension or cancellation of the licence is warranted. (2) The chief executive may— (a) if the proposed action was to suspend the licence—suspend the licence for no longer than the proposed suspension period; or (b) if the proposed action was to cancel the licence—cancel the licence or suspend it for a period. (3) If the chief executive decides to take action under subsection (2), the chief executive must as soon as practicable give the licensee an information notice for the decision. (4) The decision takes effect on the later of the following days— (a) the day the information notice is given to the licensee; (b) the day stated in the information notice for that purpose. 15 Amendment of s 22 (Right of review by QCAT) Section 22(1), from ‘the following’— omit , insert — a decision of the chief executive— (a) to refuse an application for a licence or the renewal of a licence; or (b) to suspend or cancel a licence. 2013 Act No. 41 Page 13
Agriculture and Forestry Legislation Amendment Act 2013 Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966 [s 16] 16 Amendment of s 31 (Effect of failure to give notice) Section 31(2)(b)(ii), ‘or board or a member of the board’— omit . 17 Amendment of s 32 (Powers of inspection in case of damage to crops etc.) (1) Section 32(1), ‘The standards officer or another’— omit , insert — An (2) Section 32(1)(a), from ‘standards officer’— omit , insert — inspector considers appropriate for making the report mentioned in paragraph (c); and (3) Section 32(1)(b), from ‘standards officer’— omit , insert — inspector considers appropriate for making the report mentioned in paragraph (c); and (4) Section 32(1)(c)— omit . (5) Section 32(1)(d), from ‘in the case’ to ‘make’— omit , insert — after entering land under this section, must give (6) Section 32(1)(d), as amended— renumber as section 32(1)(c). (7) Section 32(1)(e)— omit , insert — (d) must give to the standards officer all samples taken and removed under paragraphs (a) and (b). Page 14 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 2 Amendment of Agricultural Chemicals Distribution Control Act 1966 [s 18] (8) Section 32(2), ‘the standards officer, or another’— omit , insert — an 18 Amendment of s 33 (Board to make statement on damage) (1) Section 33, heading, ‘Board’— omit , insert — Standards officer (2) Section 33(1) and (1A)— omit . (3) Section 33(1B)— renumber as subsection 33(1). (4) Section 33(1), as renumbered, from ‘Upon’ to ‘shall’— omit , insert — On receiving a report made by an inspector under section 32(1)(c), the standards officer must (5) Section 33(1)(a), as renumbered, ‘standards officer’— omit , insert — inspector (6) Section 33(2), ‘board’— omit , insert — standards officer 19 Amendment of s 44A (Protection from liability) Section 44A(1), definition official , paragraph (c)— omit . 2013 Act No. 41 Page 15
Agriculture and Forestry Legislation Amendment Act 2013 Part 3 Amendment of Agricultural Standards Act 1994 [s 20] 20 Amendment of s 45 (Evidence) (1) Section 45(c)— omit . (2) Section 45(d)— renumber as section 45(c). 21 Amendment of schedule (Dictionary) (1) Schedule, definitions board , chairperson , decision maker , deputy chairperson and member — omit . (2) Schedule— insert — accepted representations see section 21B(2). proposed action see section 21A(1). show cause notice see section 21A(2). show cause period see section 21A(2)(e). (3) Schedule, definition officer , paragraph (e)— omit . Part 3 Amendment of Agricultural Standards Act 1994 22 Act amended This part amends the Agricultural Standards Act 1994. Page 16 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 3 Amendment of Agricultural Standards Act 1994 [s 23] 23 Amendment of s 20 (Entry to places) (1) Section 20(1)(e), after ‘made’— insert — at a reasonable time (2) Section 20(1)(e)(i), ‘stock; and’— omit , insert — stock; or (3) Section 20(1)(e)(iii)— omit . 24 Amendment of s 24 (Entry to vehicles) (1) Section 24— insert — (1A) Also, an inspector may enter a vehicle other than a part of a vehicle used only as a living area— (a) to check compliance with a provision of this Act about the content, labelling or sale of food for stock; or (b) for the purpose of preventing the introduction of an exotic disease into the State or controlling the spread of an exotic disease. (2) Section 24(2)— omit , insert — (2) Before entering a vehicle under this section, the inspector must do or make a reasonable attempt to do all of the following— (a) comply with section 19(1); (b) tell the owner or person in control of the vehicle the inspector is authorised under this Act to enter the vehicle; 2013 Act No. 41 Page 17
Agriculture and Forestry Legislation Amendment Act 2013 Part 4 Amendment of Animal Care and Protection Act 2001 [s 25] (c) give the owner or the person in control of the vehicle an opportunity to consent to the entry. (2A) If the inspector enters the vehicle after being unable to locate the owner or person in control of the vehicle, the inspector must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry. Part 4 Amendment of Animal Care and Protection Act 2001 25 Act amended This part amends the Animal Care and Protection Act 2001. 26 Amendment of s 18 (Animal cruelty prohibited) Section 18(1), penalty, ‘1000 penalty units or 2 years’— omit , insert — 2000 penalty units or 3 years Page 18 2013 Act No. 41
Part 5 Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 27] Amendment of AnimalManagement (Cats and Dogs)Act 2008 Division 1 Preliminary 27 Act amended This part amends the AnimalManagement(CatsandDogs)Act 2008. Division 2 Amendments about cat registration 28 Amendment of long title Long title, ‘, registration and management of cats and dogs’— omit, insert — and management of cats and dogs and the registration of dogs 29 Amendment of s 3 (Purposes of Act) (1) Section 3(a), ‘and registration’— omit . (2) Section 3— insert — (aa) provide for the registration of dogs; and (3) Section 3(aa) to (c)— renumber as section 3(b) to (d). 2013 Act No. 41 Page 19
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 30] 30 Amendment of s 4 (How purposes are to be primarily achieved) (1) Section 4(c), ‘cat and’— omit . (2) Section 4(h), ‘cats and’— omit . 31 Amendment of s 6 (Relationship with local laws) Section 6(2)— omit, insert — (2) Without limiting subsection (1), a local government may make a local law— (a) prohibiting anyone in its local government area, other than an exempted person, from possessing a dog of a particular breed; or (b) imposing registration obligations on owners of cats. 32 Amendment of s 9 (Who is an owner of a cat or dog) Section 9(1)(a)— omit, insert — (a) a person who is— (i) the registered owner of the dog; or (ii) if a local government makes a local law requiring cats to be registered—identified as the owner of the cat under the local law; Page 20 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 33] 33 Amendment of s 25 (PID information must be given to licence holder) Section 25(2), note, after ‘identifying information’— insert — or PID information 34 Amendment of ch 2, pt 1, div 6, hdg (Giving identifying information) Chapter 2, part 1, division 6, heading, after ‘information’— insert — and PID information 35 Amendment of s 37 (Authorised implanter may give identifying information to particular persons) Section 37, after ‘identifying information’— insert — or PID information 36 Amendment of s 38 (Licence holder may give identifying information to particular persons) Section 38, after ‘identifying information’— insert — or PID information 37 Replacement of ch 3, hdg (Registration) Chapter 3, heading— omit, insert — Chapter 3 Dog registration 2013 Act No. 41 Page 21
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 38] 38 Amendment of s 44 (Registration obligation) (1) Section 44, ‘cat or’— omit . (2) Section 44(3), note— omit . 39 Amendment of s 45 (Cat or dog must bear identification in particular circumstances) (1) Section 45, heading, ‘Cat or dog’— omit, insert — Dog (2) Section 45, ‘cat or’— omit . 40 Amendment of ch 3, pt 2, hdg (How cat or dog is registered) Chapter 3, part 2, heading, ‘cat or’— omit . 41 Amendment of s 46 (What owner must do) Section 46, ‘cat or’— omit . 42 Amendment of s 49 (Relevant local government must give registration notice) Section 49, ‘cat or’— omit . Page 22 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 43] 43 Amendment of s 166 (Immediate suspension) Section 166(1)(b), ‘identification and registration of cats or dogs’— omit, insert — identification of cats or dogs, and registration of dogs, 44 Amendment of s 177 (Registers comprising cat and dog registry) (1) Section 177, heading, ‘cat and’— omit . (2) Section 177(1) ‘cats or’— omit . (3) Section 177(2), ‘ cat and dog registry ’— omit , insert — dog registry 45 Amendment of s 210 (Regulation-making power) (1) Section 210(2)(a)(iii)— omit . (2) Section 210(2)— insert — (aa) class of dog that may be exempt from being registered; or (3) Section 210(2)(e), ‘cat or’— omit . (4) Section 210(2)(aa) to (e)— renumber as section 210(2)(b) to (f). 2013 Act No. 41 Page 23
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 46] 46 Insertion of new ch 10, pt 4 Chapter 10— insert — Part 4 Transitional provisions for Agriculture andForestry LegislationAmendment Act 2013 Division 1 Preliminary 224 Definitions for pt 4 In this part— amending Act means the Agriculture and Forestry Legislation Amendment Act 2013 . commencement means the commencement of the provision in which the term is used. declared local government see section 226(1). former , for a provision, means the provision as in force immediately before the amendment or repeal of the provision under the amending Act. 225 Interpretation for pt 4 If a provision in this part uses a term defined under this Act as in force before the commencement (the unamended Act ), the term has the same meaning as it had under the unamended Act. Page 24 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 46] Division 2 Continuation of former chapter 3 for declared local governments 226 Cat registration under former ch 3 continues for declared local government (1) This section applies to a local government (a declared local government ) if— (a) before the commencement, the local government passed a resolution that it is a declared local government for this part; and (b) on the commencement, the resolution had not been repealed. (2) The following provisions, and any former provision mentioned in the provisions or necessary to give effect to the provisions, continue to apply in the declared local government’s local government area as if the provisions had not been amended by the amending Act— (a) former chapter 3; (b) former sections 177 to 179 and 203. (3) This section applies to the declared local government until the first of the following to happen— (a) the declared local government makes a local law about cat registration; (b) the declared local government passes a resolution that it is no longer a declared local government for this part; (c) 1 year after the commencement of this section. 2013 Act No. 41 Page 25
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 46] Division 3 Continuation of cat registration for local governments 227 Registration form for registration of cat (1) This section applies to the owner of a cat who— (a) before the commencement, gave the relevant local government a registration form for registration of the cat, including the registration fee for the cat, under former section 46; and (b) on the commencement, had not received under former section 49 a registration notice for the cat. (2) The relevant local government must— (a) refund the registration fee to the owner; or (b) if the local government is a declared local government—register the cat under former chapter 3, part 2; or (c) if a local government makes a local law requiring cats to be registered—register the cat under the local law. Page 26 228 Registration fee paid to relevant local government under former s 53 (1) This section applies if, before the commencement— (a) a person paid the relevant local government, other than a declared local government, a registration fee for a cat; and (b) the relevant local government gave the person a registration notice for the cat. (2) The local government must— 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 47] (a) use the registration fee in the way stated in former section 53 as if that section had not been amended; or (b) subject to subsection (3), refund the registration fee to the person. (3) If the local government acts under subsection (2)(b), the local government may refund the proportion of the fee the local government considers appropriate, having regard to the period of the registration stated on the registration notice that remains after the commencement. 47 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions cat and dog registry , identifying information, PID registry service and registered owner — omit . (2) Schedule 2— insert — dog registry , of a local government, see section 177(2). identifying information means— (a) for a dog—the information relating to the dog that is required to be— (i) stated on a registration notice for the dog; and (ii) held in the dog registry of the relevant local government for the dog; or (b) for a cat, if a local government makes a local law requiring cats to be registered—the information relating to the cat required to be held under the local law. PID registry service means a service— (a) of keeping records containing— 2013 Act No. 41 Page 27
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 48] (i) identifying information for a cat or dog; or (ii) PID information for a cat or dog; and (b) provided by a licence holder. registered owner , of a dog, means a person recorded as the owner of the dog in a dog registry of a local government. (3) Schedule 2, definition appropriate register , ‘cat or’— omit . (4) Schedule 2, definition interested person , paragraph (b), ‘cat or’ — omit . (5) Schedule 2, definition registered , ‘cat or’ — omit . (6) Schedule 2, definition registration fee , ‘cat or’ — omit . (7) Schedule 2, definition registration form , from ‘cat or’ to ‘dogs in’ — omit, insert — dog in a local government’s area, means the approved form for registering dogs in (8) Schedule 2, definition registration notice , ‘cat or’ — omit. 48 Schedule amendments (1) Each of the provisions listed in schedule 1, part 1 is amended by omitting ‘cat or’. (2) The provision listed in schedule 1, part 2 is amended by omitting ‘cats or’. Page 28 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 49] (3) Each of the provisions listed in schedule 1, part 3 is amended by omitting ‘cat and’. Division 3 Amendments about concurrent regulated dog declarations and destruction orders 49 Amendment of s 95 (Notice and taking effect of declaration) (1) Section 95(1), ‘subsection (2) or (3)’— omit, insert — subsection (3) or (4) (2) Section 95(2) to (5)— renumber as section 95(3) to (6). (3) Section 95— insert — (2) However, a local government must not give the notice under subsection (3) or (4) if an authorised person makes a destruction order under section 127A. Note — A combined decision and information notice may be given to an owner of a dog under section 127A. (4) Section 95(4), as renumbered, ‘subsection (2)’— omit, insert — subsection (3) 50 Amendment of s 96 (Operation of pt 5) Section 96(4), ‘section 95(5)’— omit, insert — 2013 Act No. 41 Page 29
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 51] section 95(6) 51 Insertion of new s 127A After section 127— insert — 127A Concurrent regulated dog declaration and destruction order (1) This section applies if a local government— (a) makes a regulated dog declaration under section 94 for a seized dog; but (b) does not give any owner of the dog notice of its decision under section 95. (2) Despite the dog not being a regulated dog, an authorised person may make a destruction order for the dog if it is appropriate to do so. (3) As soon as practicable after deciding to make the destruction order, the authorised person must serve the destruction order on the relevant owner of the dog. (4) The destruction order must include or be accompanied by— (a) if a notice is required under section 95(3)—a combined notice under section 95(3) about the decision to make a regulated dog declaration and an information notice about the decision to give the destruction order; or (b) if an information notice is required under section 95(4)—a combined information notice about the decisions to make a regulated dog declaration under section 95(4) and to give the destruction order. (5) Section 127(6) to (8) applies to the destruction order. Page 30 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 5 Amendment of Animal Management (Cats and Dogs) Act 2008 [s 52] (6) In this section— relevant owner , of a dog, means— (a) the registered owner of the dog; or (b) if the dog has no registered owner—any person who owns, or is a responsible person for, the dog. 52 Amendment of s 178 (General register) Section 178(b), ‘section 95(5)’— omit, insert — section 95(6) 53 Insertion of new s 185A After section 185— insert — 185A Internal review of concurrent regulated dog declaration and destruction order (1) This section applies if— (a) an interested person is given a combined information notice under section 127A(4)(b) about a decision to make a regulated dog declaration and a decision to give a destruction order for a dog; and (b) the person makes a general review application for both the decisions. (2) The chief executive officer of a local government that received the application may conduct an internal review of the decisions at the same time under section 186. 2013 Act No. 41 Page 31
Agriculture and Forestry Legislation Amendment Act 2013 Part 6 Amendment of Forestry Act 1959 [s 54] Part 6 Amendment of Forestry Act 1959 54 Act amended This part amends the Forestry Act 1959. 55 Omission of pt 9 (Savings and transitional provisions for Primary Industries and Natural Resources LegislationAmendment Act 2000) Part 9— omit . 56 Amendment of pt 10 hdg Part 10, heading, ‘Other transitional’— omit , insert — Transitional Part 7 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 57 Act amended This part amends the Land Protection (Pest and Stock RouteManagement) Act 2002. 58 Amendment of ch 2, pt 2 hdg (State pest management strategies and guidelines for managing pests) Chapter 2, part 2, heading, ‘strategies’— Page 32 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 7 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 [s 59] omit , insert — strategy 59 Amendment of ch 2, pt 2, div 1 hdg (State pest management strategies) Chapter 2, part 2, division 1, heading, ‘strategies’— omit , insert — strategy 60 Amendment of s 10 (State pest management strategies) (1) Section 10, heading, ‘strategies’— omit , insert — strategy (2) Section 10(1), ‘separate State pest management strategies’— omit , insert — a State pest management strategy (3) Section 10(2), ‘A State’— omit , insert — The State 61 Amendment of s 11 (Preparing strategies) (1) Section 11, heading, ‘strategies’— omit , insert — strategy (2) Section 11, ‘a State’— omit , insert — the State 2013 Act No. 41 Page 33
Agriculture and Forestry Legislation Amendment Act 2013 Part 7 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 [s 62] 62 Amendment of s 12 (Duration of strategies) (1) Section 12, heading, ‘strategies’— omit , insert — strategy (2) Section 12(1), ‘A State’— omit , insert — The State 63 Amendment of s 13 (Implementing strategies) (1) Section 13, heading, ‘strategies’— omit , insert — strategy (2) Section 13, ‘each’— omit , insert — the 64 Amendment of s 14 (Reviewing and renewing strategies) (1) Section 14, heading, ‘strategies’— omit , insert — strategy (2) Section 14(1), ‘a State’— omit , insert — the State (3) Section 14(2), ‘a strategy’— omit , insert — the strategy Page 34 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 7 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 [s 65] 65 Amendment of ch 2, pt 2, div 3 hdg (Inspecting strategies and guidelines) Chapter 2, part 2, division 3, heading, ‘strategies’— omit , insert — strategy 66 Amendment of s 16 (Strategies and guidelines to be available for inspection) (1) Section 16, heading, ‘Strategies’— omit , insert — Strategy (2) Section 16(1), ‘strategies and guidelines’— omit , insert — State pest management strategy and the guidelines for pest management (3) Section 16(2), ‘strategies’— omit , insert — strategy 67 Amendment of s 18 (Requirements of plan) Section 18(b), ‘strategies’— omit , insert — strategy 68 Amendment of s 26 (Requirements of plan) Section 26(b), ‘strategies’— omit , insert — strategy 2013 Act No. 41 Page 35
Agriculture and Forestry Legislation Amendment Act 2013 Part 8 Amendment of Rural and Regional Adjustment Act 1994 [s 69] 69 Amendment of s 27 (Preparing draft plan) Section 27(5)(b), ‘strategies’— omit , insert — strategy 70 Amendment of s 33 (Reviewing and renewing plan) Section 33(3), ‘a State’— omit , insert — the State 71 Amendment of sch 3 (Dictionary) Schedule 3, definition State pest management strategy , ‘a State’— omit , insert — the State Part 8 Amendment of Rural and Regional Adjustment Act 1994 72 Act amended This part amends the RuralandRegionalAdjustmentAct1994. 73 Amendment of s 3 (Object of Act) Section 3(2)(b), from ‘schemes’— omit , insert — schemes or parts of schemes for the Commonwealth and other States in rural and regional sectors outside Queensland. Page 36 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 8 Amendment of Rural and Regional Adjustment Act 1994 [s 74] Examples of administering parts of schemes — • conducting financial analysis of applications for assistance under an authorised interstate scheme • reviewing an authorised interstate scheme • providing advice on applications for financial assistance under an authorised interstate scheme 74 Amendment of s 8 (Authority’s functions) Section 8(2)(f), after ‘schemes’— insert — or parts of the schemes 75 Amendment of s 11A (Authorisation for interstate schemes) (1) Section 11A(2), ‘the scheme’, first and second mention— omit , insert — the scheme or a part of the scheme (2) Section 11A(2), ‘the scheme’, third mention— omit , insert — the scheme or part (3) Section 11A(5), ‘scheme’— omit , insert — scheme or part of the scheme 76 Amendment of s 35 (Acting chief executive officer) Section 35, ‘Governor in Council’— omit , insert — Minister 2013 Act No. 41 Page 37
Agriculture and Forestry Legislation Amendment Act 2013 Part 8 Amendment of Rural and Regional Adjustment Act 1994 [s 77] 77 Insertion of new s 35B Part 5, division 1— insert — 35B Delegation (1) The chief executive officer may, with the board’s approval, delegate the chief executive officer’s functions, including a function delegated to the chief executive officer by the authority, to an appropriately qualified employee of the authority. (2) In this section— appropriately qualified , for an employee of the authority, includes having the qualifications, experience or standing appropriate for the function. Example of standing — an employee’s seniority level within the staff of the authority function includes power. 78 Amendment of s 45 (Review of Act) (1) Section 45(1)— omit , insert — (1) The Minister must, within each period of 10 years after 1 July 2013, review this Act to decide whether its provisions remain appropriate. (2) Section 45(2), ‘finishing the review’— omit , insert — finishing each review Page 38 2013 Act No. 41
Part 9 Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 79] Amendment of Veterinary Surgeons Act 1936 79 Act amended This part amends the Veterinary Surgeons Act 1936. 80 Amendment of s 4C (Membership) Section 4C(2), ‘veterinary surgeons’— omit , insert — eligible veterinary surgeons 81 Amendment of s 4D (Chairperson and deputy chairperson) Section 4D(3), ‘a veterinary surgeon’— omit , insert — an eligible veterinary surgeon 82 Amendment of s 8 (Board to hold triennial election) Section 8(4), ‘each registered veterinary surgeon’— omit , insert — each eligible veterinary surgeon 83 Amendment of s 16 (Keeping registers) (1) Section 16(3)(d), ‘particulars decided’— omit , insert — particulars, other than the emergency contact details for a veterinary surgeon, decided (2) Section 16(4)(d), ‘particulars decided’— omit , insert — 2013 Act No. 41 Page 39
Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 84] particulars, other than the emergency contact details for a veterinary surgeon, decided (3) Section 16— insert — (4A) Subsections (3) and (4) do not apply to veterinary practitioners. 84 Insertion of new s 16A After section 16— insert — 16A Arrangements between board and interstate registering authorities (1) The board may enter into an arrangement with a registering authority of another State about access to information in a relevant register— (a) for the purposes of establishing a national register of veterinary specialists, veterinary surgeons and veterinary practitioners; or (b) for other purposes related to the recognition of veterinary specialists, veterinary surgeons or veterinary practitioners. (2) Without limiting subsection (1), an arrangement made under this section may involve the establishment of a national register of veterinary specialists, veterinary surgeons and veterinary practitioners by the Australasian Veterinary Boards Council Inc. (3) In this section— relevant register means a register required to be kept by the registrar under section 16(1). 85 Amendment of s 17 (Annual fee) Section 17— Page 40 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 86] insert — (6) In this section— veterinary surgeon does not include a veterinary practitioner. 86 Amendment of s 18 (Registration of veterinary surgeons) Section 18— insert — (3A) Also, if the board considers it appropriate in the circumstances, the board may refuse an application for registration as a veterinary surgeon if satisfied the applicant is not suitable to be registered because the applicant has, under the law of another State— (a) applied for registration as a veterinary practitioner in that State and the application was refused by the registering authority for that State; or (b) been disqualified from applying, or is not entitled to apply, for registration as a veterinary practitioner in that State. (3B) Subsections (3) and (3A) apply despite subsection (1). 87 Insertion of new s 18B After section 18A— insert — 18B Deemed registration as veterinary surgeon (1) A person who is a veterinary practitioner is taken to be registered as a veterinary surgeon under this Act. (2) The person’s registration as a veterinary surgeon is subject to the same conditions, limitations or 2013 Act No. 41 Page 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 88] restrictions that apply to the person’s registration in another State as a veterinary practitioner. 88 Amendment of s 19 (Application for registration) Section 19(2)— omit , insert — (2) The approved form must provide for the inclusion of the applicant’s contact information. (3) To remove any doubt, it is declared that a person who is taken to be registered as a veterinary surgeon under section 18B is not required to— (a) apply for registration under this section; or (b) pay the prescribed fee mentioned in subsection (1)(c). (4) However, a person— (a) who is taken to be registered as a veterinary surgeon under section 18B; and (b) whose principal place of residence will be in Queensland after the expiry of the person’s registration in another State as a veterinary practitioner (the interstate registration ); and (c) who intends to carry on practice as a veterinary surgeon in Queensland after the expiry of the interstate registration; must apply for registration in Queensland before the expiry of the interstate registration. 89 Amendment of s 19B (Registration for limited period) Section 19B(3) and (5), ‘another State or’— omit . Page 42 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 90] 90 Insertion of new s 19CA After section 19C— insert — 19CA Deemed registration of veterinary specialists (1) This section applies to a veterinary practitioner— (a) who is taken to be registered as a veterinary surgeon under section 18B; and (b) whose registration as a veterinary practitioner in another State provides, by endorsement or otherwise, that the veterinary practitioner is qualified to practise as a veterinary specialist in that State; and (c) whose qualification to practice as a veterinary specialist in the other State was gained after practising veterinary science for a period of at least 5 years. (2) The veterinary practitioner is taken to be registered as a veterinary specialist under this Act if the specialty in which the veterinary practitioner is qualified to practise in the other State is a veterinary specialty under this Act. 91 Insertion of new s 22FA Part 4, division 2— insert — 22FA Board to notify interstate registering authorities of disciplinary action (1) If, under section 22C, 22D or 22E, the tribunal makes an order about a veterinary surgeon, or admonishes or reprimands a veterinary surgeon, the board must give each registering authority of another State written notice of— (a) the order, admonishment or reprimand; and 2013 Act No. 41 Page 43
Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 92] (b) for an order under section 22C or 22D—the grounds on which the order was made; and (c) for an order, admonishment or reprimand under section 22E—the details of the misconduct for which the order, admonishment or reprimand was made or given. (2) If the board takes action under section 22A(1)(a) or (b) in relation to a veterinary surgeon, the board must give each registering authority of another State written notice of— (a) the action; and (b) the details of the misconduct for which the action was taken. (3) A notice under subsection (1) or (2) must be given as soon as practicable after the order, admonishment or reprimand was made or given or the action was taken. 92 Insertion of new ss 26 and 27 Part 4B— insert — 26 Notice about change in contact information (1) If a veterinary surgeon’s contact information changes, the veterinary surgeon must, within 21 days after the change, give the board written notice of the change unless the veterinary surgeon has a reasonable excuse. Maximum penalty—10 penalty units. (2) In this section— veterinary surgeon does not include a veterinary practitioner. Page 44 2013 Act No. 41
Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 93] 27 Veterinary surgeon to provide emergency contact details (1) If the registrar does not have the emergency contact details for a veterinary surgeon, the registrar may, by written notice given to the veterinary surgeon, ask the veterinary surgeon to give the registrar the emergency contact details. (2) A veterinary surgeon must comply with a notice given under subsection (1) within 21 days after receiving it, unless the veterinary surgeon has a reasonable excuse. Maximum penalty—10 penalty units. (3) In this section— veterinary surgeon does not include a veterinary practitioner. 93 Insertion of new s 29C After section 29B— insert — 29C Registrar must give emergency contact details to chief executive (1) This section applies if the chief executive, or a chief executive of a public sector unit prescribed under a regulation (a prescribed chief executive ), considers it is necessary to contact a veterinary surgeon to give the veterinary surgeon information about controlling, eradicating or preventing the spread of— (a) an exotic disease; or (b) a declared pest; or (c) a disease. (2) The chief executive or a prescribed chief executive may ask the registrar to give the chief 2013 Act No. 41 Page 45
Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 94] executive or prescribed chief executive the emergency contact details for the veterinary surgeon. (3) The registrar must comply with the request. (4) The chief executive or prescribed chief executive may only use the emergency contact details for a veterinary surgeon for a purpose mentioned in subsection (1). (5) In this section— declared pest means— (a) a declared pest under the LandProtection(PestandStockRouteManagement)Act2002 , schedule 3; or (b) a pest under the Plant Protection Act 1989 , schedule 2. disease means— (a) a disease under the Stock Act 1915 , schedule 2; or (b) a disease not previously recognised as defined under the StockAct1915 , section 27(5). exotic disease see the Exotic Diseases in AnimalsAct 1981 , schedule 2. veterinary surgeon does not include a veterinary practitioner. 94 Amendment of schedule (Dictionary) (1) Schedule, definitions veterinary specialist and veterinary surgeon — omit . (2) Schedule— insert — Page 46 2013 Act No. 41
2013 Act No. 41 Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 94] contact information , for a veterinary surgeon or an applicant for registration as a veterinary surgeon, means the veterinary surgeon’s or applicant’s business address, postal address, residential address and emergency contact details. eligible veterinary surgeon means a veterinary surgeon who is registered as a veterinary surgeon under this Act and whose name remains on the register of veterinary surgeons. emergency contact details , for a veterinary surgeon or an applicant for registration as a veterinary surgeon, means a telephone number and email address at which the veterinary surgeon or applicant may be contacted immediately, during or outside of ordinary business hours, for a purpose mentioned in section 29C. registering authority , of another State, means the authority responsible for the registration of veterinary practitioners in that State. veterinary practitioner — 1 Veterinary practitioner means a person authorised under a law of another State to carry out, in that State, activities substantially the same as the activities that may be carried out by a person registered as a veterinary surgeon under this Act. 2 However, a veterinary practitioner does not include a person who is registered as a veterinary surgeon on application under this Act and whose name remains on the register of veterinary surgeons. veterinary specialist means— (a) a veterinary surgeon who is registered on application under this Act as a veterinary Page 47
Agriculture and Forestry Legislation Amendment Act 2013 Part 9 Amendment of Veterinary Surgeons Act 1936 [s 94] specialist for a veterinary specialty and whose name remains on the register of veterinary specialists for the veterinary specialty; or (b) a person who is taken to be registered as a veterinary specialist under section 19CA. veterinary surgeon means a person who— (a) is registered as a veterinary surgeon on application under this Act and whose name remains on the register of veterinary surgeons; or (b) is taken to be registered as a veterinary surgeon under section 18B. Page 48 2013 Act No. 41
Schedule 1 Agriculture and Forestry Legislation Amendment Act 2013 Schedule 1 Consequential amendments of Animal Management (Catsand Dogs) Act 2008 section 48 Part 1 Omission of ‘cat or’ • section 12(3) • section 47 • section 48(1) and (2) • section 50(1) • section 51 • section 52(1) and (2) • section 54(1) and (3) • section 55(1), (2) and (4)(b) • section 56 • section 57 • section 58(1) and (4)(b) • section 178 • section 179(2) Part 2 Omission of ‘cats or’ • section 53(b) 2013 Act No. 41 Page 49
Agriculture and Forestry Legislation Amendment Act 2013 Schedule 1 Part 3 Omission of ‘cat and’ • section 179(1) • section 203(1)(a)(iv) © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 50 2013 Act No. 41
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