Agriculture Legislation Amendment Act 2022 (Vic)

Agriculture Legislation Amendment Act 2022

No. 22 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Agricultural and Veterinary Chemicals (Control of Use) Act 1992

Division 1—Inspection and enforcement powers

3Definitions

4Contaminated stock notice

5Contaminated produce notice

6Part 8 heading substituted

7New Division 1 heading inserted in Part 8

8Authorised officers

9New Division 2 inserted in Part 8

10Section 54 substituted and new sections 54A to 54AJ inserted

11New Division 3 heading inserted in Part 8

12Announcement before entry

13Authorised officer may seek Court order

14New Division 4 heading inserted in Part 8 and statute law revision

15New Division 5 heading inserted in Part 8

16New sections 54J to 54L inserted

17New Division 6 heading inserted in Part 8

18New Division 7 heading inserted in Part 8

19Seizure of chemical products and agricultural produce

20Destruction notice

21New Part 8A heading inserted

22Criminal liability of officers of bodies corporate—accessorial liability

23New Part 9A heading inserted

24New section 73A inserted

Division 2—Labelling

25Definitions

26Off-label use of chemical products

Division 3—Administrative arrangements

27Definitions

28Land use restriction notice

29Confidentiality of commercial information

30Updating references to chief administrator

Part 3—Amendment of Catchment and Land Protection Act 1994

31Contents of a notice

32New section 58C inserted

33Removing particular vehicles or other things on to or from a road

34Section 71 substituted and new sections 71A, 71B and 71C inserted

35Destruction etc. of noxious weeds

36Permits in relation to pest animals

37Revocation of permit granted under section 77

38New section 78A inserted

39New section 79B inserted

40Entry with notice

41Emergency entry

42Searches of vehicles and boats

43Searches of vehicles, trailers, machinery and equipment for noxious weeds

44New section 83EA inserted

45Offences relating to enforcement

46New section 84AA inserted and repeal of section 84(2) and (3)

47Notices for the purposes of this Act

48New section 85B inserted

49New Division 3 inserted in Part 11

Part 4—Amendment of Dairy Act 2000

50Definitions

51Officers and employees

52Sections 63 and 64 repealed

Part 5—Amendment of Drugs, Poisons and Controlled Substances Act 1981

53Definitions

54New Division 6 of Part II inserted

55Definitions

56Application for authority to cultivate and process low-THC cannabis

57Secretary must investigate application

58New section 63A inserted

59Matters to be considered in determining applications

60Determination of applications

61Terms and conditions of authorities

62New section 66A inserted

63Renewal of authorities

64Suspension or cancellation

65New section 69AC inserted

66New sections 69BA, 69BB, 69BC, 69BD, 69BE and 69BF inserted

67Section 69C substituted

68New sections 69LA and 69LB inserted

69Regulations

70Definitions

71Secretary must investigate application

72Determining an application

73Secretary must investigate renewal application

74Determining a renewal application

75Secretary must investigate application

76Determining an application

77Secretary must investigate renewal application

78Determining a renewal application

79Suspension or cancellation of licences

80Refusal of licence or renewal of licence on grounds of protected information

81Review by VCAT

82VCAT to inquire on grounds for refusal

83Appointment of special counsel

84Procedure for hearing—protected information

85Decision of VCAT where protected information exists

86General provisions for hearing matters involving protected information

87Evidentiary

88Consequential amendment of Spent Convictions Act 2021

Part 6—Amendment of Farm Debt Mediation Act 2011

89Definitions

90Part 2 heading amended

91New Division 1AA inserted in Part 2

92Sections 8 and 9 substituted

93Creditor may agree to or refuse mediation

94Referral of mediation by Department

95Enforcement action postponed to allow for mediation

96Application by farmer for issue of prohibition certificate

97Issue of prohibition certificate

98Application by creditor for issue of exemption certificate

99Issue of exemption certificate

100Calculation of period of exemption certificate

101When is a farmer or creditor presumed to have refused to mediate?

102Functions of the Small Business Commission

103Section 22 substituted

104Conduct of mediation

105Manner of giving notices

106Date notice or other document is given

107New section 38 inserted

Part 7—Amendment of Livestock Disease Control Act 1994

108Definitions

109Section 9 substituted

110Permanent identification of livestock

111Minister may declare that offences apply to certain materials specified in section 41(2) and (3)

112Section 42 substituted

113No cattle or pigs on sewage land

114Sewerage authority may graze cattle

115New sections 44A and 44B inserted

116Registration of beekeepers

117Section 49A repealed

118Payment out of Fund

119Payments out of the Honey Bee Compensation and Industry Development Fund

120Apicultural Industry Advisory Committee

121Payments out of the Cattle Compensation Fund

122Cattle Compensation Advisory Committee

123Payments out of the Sheep and Goat Compensation Fund

124Sections 79HA and 79HB repealed

125Sheep and Goat Compensation Advisory Committee

126Payments out of the Swine Compensation Fund

127Swine Industry Projects Advisory Committee

128Applications

129Grant or refusal

130Term of licence or registration

131Delegations by Minister

132Delegations by Secretary

133Fees

134Information collection

135Records of notifications etc.

136General powers of inspectors

137New section 115AB inserted

138Abandoned hives

139Power to serve a notice

140Time for charging certain offences under this Act

141Offence to make false or misleading statements

142Regulations

143New section 150 inserted

144Amendment of Schedule 1—Membership and procedure of committees

Part 8—Amendment of Plant Biosecurity Act 2010

145Definitions

146Importation of prescribed material

147Introduction of prescribed material

148Assurance certificates

149Plant health certificates

150Plant health declarations

151No offence by reason only of transporting from a prescribed State or Territory

152Notification of plant pests or diseases

153Prohibition on sale of diseased plants etc.

154Border security

155Compliance agreements and accreditation

156New section 47A inserted

157Accreditation

158Register

159Inspector must give notice of detention or seizure

160New section 133A inserted

161Section 134 substituted

162Alterations to certificates and declarations

163Power to approve forms

164Regulations

Part 9—Amendment of Rural Assistance Schemes Act 2016

165Definitions

166Delegation by the Rural Assistance Commissioner

167Conditions of office, resignation, removal from office if Member not public service employee

Part 10—Amendment of Veterinary Practice Act 1997

168Definitions

169New section 3C inserted

170Specific registration

171New section 7AA inserted

172Duration and renewal of registration

173Application for renewal of and refusal to renew registration

174New section 14A inserted

175New section 16A inserted

176Certificates

177When complaints about professional conduct are to be investigated by the Board

178Suspension of, or imposition of conditions on, registration on decision to conduct investigation or hearing into conduct of practitioner

179Suspension of, or imposition of conditions on, registration if preliminary investigation to be conducted on health etc. of practitioner

180Constitution of a panel for an informal hearing

181Constitution of a hearing panel for a formal hearing

182Constitution of a hearing panel for a formal hearing

183New section 47A inserted

184Section 53 substituted

185Review by Victorian Civil and Administrative Tribunal

186Claims by persons as to registration

187Section 58 substituted

188Membership of the Board

190Approved methods of communication for Board

191Section 77 substituted

192Powers of Board in relation to fees

193New section 98 inserted

Part 11—Amendment of Wildlife Act 1975

194Offence for certain persons to enter on or remain in specified hunting area

195Statute law revision amendment

Part 12—Amendment of Meat Industry Act 1993

196Definitions

197Act not to apply in certain cases

198Testing for chemicals and disease

199Section 34 substituted

200Ban on sale or slaughter

201Ban on sale of certain meat at butcher shops

202New section 37B inserted

203Slaughter at unlicensed premises

204Branding

205Terms and conditions of staff

206Consequential amendment of Food Act 1984

Part 13—Repeal of this Act

207Repeal of this Act

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Endnotes

1      General information

Agriculture Legislation Amendment Act 2022

No. 22 of 2022

[Assented to 15 June 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 in relation to inspection and enforcement powers and generally to improve the operation of that Act; and

(b)to amend the Catchment and Land Protection Act 1994—

(i)to improve the controls for noxious weeds and pest animals; and

(ii)to strengthen inspection and enforcement powers; and

(iii)to amend offence provisions relating to the spreading of noxious weeds; and

(iv)to make other miscellaneous and consequential amendments; and

(c)to amend the Dairy Act 2000 in relation to officers and employees of Dairy Food Safety Victoria; and

(d)to amend the Drugs, Poisons and Controlled Substances Act 1981—

(i)in relation to authorities for low-THC cannabis and licences to cultivate alkaloid poppies and process poppy straw; and

(ii)to provide for the supply of poisons or controlled substances between veterinary practitioners in response to animal health and welfare emergencies; and

(e)to amend the Farm Debt Mediation Act 2011 to streamline the operation of that Act and increase harmonisation with other jurisdictions; and

(f)to amend the Livestock Disease Control Act 1994 generally to improve the operation of that Act; and

(g)to amend the Plant Biosecurity Act 2010 in relation to assurance certificates, plant health certificates, plant health declarations, the sale of diseased plants, the detention and seizure of plant and plant products, border security and fees and charges for beehives; and

(h)to amend the Rural Assistance Schemes Act 2016 in relation to the appointment of the Rural Assistance Commissioner and the delegation of certain powers, duties or functions under that Act; and

(i)to amend the Veterinary Practice Act 1997—

(i)in relation to specific registrations; and

(ii)to provide for conditions to be imposed on registrations of veterinary practitioners pending investigations or hearings; and

(iii)to provide for the removal of a person's details from the register if they are no longer registered as a veterinary practitioner; and

(iv)to amend certain offences to make them more suitable for infringement notices; and

(v)to replace the current secrecy provision with a duty of disclosure provision; and

(vi)to make other miscellaneous and consequential amendments; and

(j)to amend the Wildlife Act1975 to clarify an exception for the offence against entering or remaining in a specified hunting area during certain times; and

(k)to amend the Meat Industry Act 1993 in relation to the slaughter of animals and the sale of meat.

2Commencement

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

(2)If a provision of this Act does not come into operation before 5 April 2023, it comes into operation on that day.

Part 2—Amendment of Agricultural and Veterinary Chemicals (Control of Use) Act 1992

Division 1—Inspection and enforcement powers

3Definitions

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

"inspect, in relation to a power to inspect, includes search;

place includes—

(a)any land; and

(b)any temporary building or structure;

Note

See the definition of land in section 38 of the Interpretation of Legislation Act 1984.".

4Contaminated stock notice

In section 49(1) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, after "vehicle" (where twice occurring) insert ", vessel or aircraft".

5Contaminated produce notice

In section 52(3)(d) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for "driver of any vehicle" substitute "driver or person in charge of any vehicle, vessel or aircraft".

6Part 8 heading substituted

For the heading to Part 8 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 substitute—

"Part 8—Compliance, inspection and testing".

7New Division 1 heading inserted in Part 8

Before section 53 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"Division 1—Authorised officers".

8Authorised officers

(1)In section 53(2) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for "identification" substitute "identity".

(2)For section 53(3) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 substitute—

"(3)If requested to do so, an authorised officer must produce the authorised officer's identity card for inspection—

(a)before exercising a power under this Act; and

(b)at any time during the exercise of any such power.

(4)Subsection (3) does not apply—

(a)if the request is unreasonable in the circumstances; or

(b)to a power exercised by post or electronic communication.".

9New Division 2 inserted in Part 8

After section 53 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"Division 2—General powers of authorised officers

53APurpose of exercise of powers

An authorised officer may exercise powers under this Division for any of the following purposes—

(a)determining whether this Act, the regulations or an Order or a notice under this Act is being or has been complied with;

(b)preventing the commission of an offence against this Act or the regulations;

(c)determining the source of agricultural spraying or the cause of land, water, animals, stock or agricultural produce being contaminated by agricultural or veterinary chemicals.".

10Section 54 substituted and new sections 54A to 54AJ inserted

For section 54 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 substitute—

"54   Power to enter and inspect

(1)An authorised officer may at any reasonable time enter and inspect any place, other than a place occupied as a residence, and inspect anything found at that place, if the authorised officer reasonably suspects that—

(a)any fertiliser or stock food has been, is being or may be manufactured at the place; or

(b)any chemical product, fertiliser or stock food has been, is being or may be sold, kept, stored or prepared for use at the place; or

(c)there is any equipment at the place that has been, is being or may be used in connection with the use or manufacture of a chemical product, fertiliser or stock food; or

(d)there is an aircraft at the place that has been, is being or may be used for aerial spraying; or

(e)agricultural spraying has been, is being or may be carried on at the place; or

(f)there is any contaminated stock or agricultural produce, or plants from which contaminated agricultural produce is likely to be derived, at the place; or

(g)the place has been contaminated by the use of an agricultural chemical product; or

(h)the place is occupied or apparently occupied by a person who holds, or whom the authorised officer reasonably suspects is required to hold, a licence, certificate or permit under this Act, the regulations or an Order under this Act.

(2)An authorised officer may at any reasonable time enter any place, other than a place occupied as a residence, if the authorised officer reasonably believes that it is necessary to do so in order to access another place that may be entered under subsection (1).

(3)In exercising any powers under this section, an authorised officer must—

(a)cause as little inconvenience as possible; and

(b)not remain at the place any longer than is reasonably necessary.

54AEntry and inspection of a place when open to the public

An authorised officer may enter and inspect a place that is, at the time of entry, open to the public.

54ABPower to stop, enter and inspect vehicles, vessels and aircraft

(1)An authorised officer may at any reasonable time stop any vehicle, vessel or aircraft the authorised officer reasonably believes or suspects is, has been or may be—

(a)used to transport, keep or store any—

(i)chemical product, fertiliser or stock food; or

(ii)contaminated stock or agricultural produce; or

(iii)stock or plants from which contaminated agricultural produce is likely to be derived; or

(b)used for agricultural spraying.

(2)An authorised officer may at any reasonable time enter and inspect—

(a)a vehicle, vessel or aircraft stopped under subsection (1); or

(b)any other vehicle, vessel or aircraft the authorised officer reasonably believes or suspects is, has been or may be used for a purpose described in subsection (1)(a) or (b).

(3)If an authorised officer stops a vehicle, vessel or aircraft under subsection (1) but considers that it is not safe or practical to enter or inspect it, the authorised officer may require the driver or person in charge of the vehicle, vessel or aircraft to present it at some other reasonable time and place for inspection by an authorised officer.

54ACAnnouncement on entry

(1)Immediately on entering a place, vehicle, vessel or aircraft under this Division, an authorised officer must take all reasonable steps to notify the occupier or apparent occupier of the place, or the driver or person in charge of the vehicle, vessel or aircraft, of the entry and produce the authorised officer's identity card for inspection by that person.

(2)If the occupier, apparent occupier, driver or person in charge is not present when an authorised officer exercises a power of entry under this Division, the authorised officer must, on leaving the place, vehicle, vessel or aircraft, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of all things done while at the place or in the vehicle, vessel or aircraft; and

(d)the time of departure; and

(e)the authorised officer's name and contact details.

(3)An authorised officer is not required to comply with subsection (1) or (2) if—

(a)in the case of subsection (2), the authorised officer reasonably believes that the place is open to the public and that it would be impracticable to leave a notice at the place; or

(b)in either case—

(i)to comply with the subsection would unreasonably interfere with performing a function or exercising a power under this Act, the regulations or an Order or notice under this Act or cause unreasonable delay; or

(ii)the occupier or apparent occupier of the place or the owner or person in charge of the vehicle, vessel or aircraft has been notified in advance of the entry.

54ADPersons assisting authorised officer

(1)An authorised officer may request the assistance of any person for the purpose of entry and inspection of a place, vehicle, vessel or aircraft and the taking of any other action under this Division.

(2)If an authorised officer uses the assistance of an interpreter—

(a)a requirement made by the interpreter on the authorised officer's behalf is taken to be a requirement made by the authorised officer; and

(b)an answer given to the interpreter is taken to be given to the authorised officer.

54AEAssistance from owner, occupier or person in charge

(1)An authorised officer may require the owner, occupier or apparent occupier of a place, or the owner or person in charge of a vehicle, vessel or aircraft, entered by the authorised officer to provide the authorised officer with all reasonable assistance necessary to enable the authorised officer to perform functions or exercise powers under this Part.

(2)Without limiting subsection (1), an authorised officer may require the owner, occupier or apparent occupier of a place, or the owner or person in charge of a vehicle, vessel or aircraft, entered by the authorised officer to provide adequate facilities and assistance to allow the safe and efficient handling of animals during inspection and the taking of samples or specimens.

54AFOpening packages and removing labels

An authorised officer may at any reasonable time do one or more of the following—

(a)open any package, container or receptacle that the authorised officer reasonably suspects contains a chemical product, fertiliser or stock food;

(b)remove any label or advice note, or any document purporting to be a label or advice note.

54AGAnalysis or examination of samples, specimens and equipment

(1)An authorised officer may at any reasonable time take and remove for analysis or examination—

(a)samples of or from, or specimens of—

(i)any plant (whether alive or dead), animal (whether alive or dead), carcass, agricultural produce, air, soil or water or any material deposited on or in any object; or

(ii)any substance that the authorised officer reasonably suspects is a chemical product, fertiliser or stock food; or

(b)any equipment that the authorised officer reasonably suspects has been, is being or may be used for or in connection with—

(i)the sale or use of a chemical product, fertiliser or stock food; or

(ii)the manufacture of fertiliser or stock food; or

(iii)the transport or handling of agricultural produce, fertilisers or stock food.

(2)An authorised officer may conduct, or arrange for the conducting of, any analysis or examination of a sample or specimen taken or removed under subsection (1).

(3)An authorised officer who takes a sample or specimen under subsection (1)(a) must give a portion of the sample or specimen to the owner or person in possession of the item from which the sample or specimen was taken, or the owner, occupier or apparent occupier of the land, or the owner or person in charge of the vehicle, vessel or aircraft, on which it was taken, if requested to do so by that person.

(4)Subsection (3) does not apply if it would be impracticable in the circumstances for the authorised officer to comply with the request.

54AHTaking photographs and making recordings, sketches or drawings

An authorised officer may at any reasonable time take photographs, make any audio, visual or audiovisual recordings or make any sketches or drawings.

54AIQuestioning and requiring information

An authorised officer may at any reasonable time require a person—

(a)to answer a question to the best of that person's knowledge, information and belief; or

(b)to take reasonable steps to provide information.

54AJProducing documents

An authorised officer may at any reasonable time require a person to produce any document that the authorised officer reasonably requires and do any one or more of the following—

(a)examine that document;

(b)make copies of it or take extracts from it;

(c)remove the document for as long as is reasonably necessary to make copies or take extracts.".

11New Division 3 heading inserted in Part 8

Before section 54B of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"Division 3—Search warrants".

12Announcement before entry

In the heading to section 54C of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, after "entry" insert "under warrant".

13Authorised officer may seek Court order

Section 54E of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 is repealed.

14New Division 4 heading inserted in Part 8 and statute law revision

(1)Before section 54F of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"Division 4—Dealing with seized documents and other things".

(2)In section 54G(2) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for "inspector" substitute "authorised officer".

15New Division 5 heading inserted in Part 8

Before section 54I of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"Division 5—Offences and protection against self-incrimination".

16New sections 54J to 54L inserted

After section 54I of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"54J   Failure to comply with requirement of authorised officer

A person must not, without reasonable excuse, fail or refuse to comply with a requirement of an authorised officer under this Act.

Penalty:In the case of a corporation, 100 penalty units.

In any other case, 50 penalty units.

Note

Section 72A applies to an offence against this section.

54KObstruction of authorised officer or person assisting

A person must not obstruct, threaten or intimidate—

(a)an authorised officer who is in the course of performing functions or exercising powers under this Act; or

(b)a person who is assisting an authorised officer in the performance of those functions or exercise of those powers.

Penalty:100 penalty units.

Note

Section 72A applies to an offence against this section.

54LFalse or misleading conduct or information

A person must not provide any information or produce any document to, or engage in any other conduct towards, an authorised officer who is in the course of performing functions or exercising powers under this Act if the person knows that the information or conduct is, or the document contains any information that is, false or misleading in a material particular.

Penalty:In the case of a corporation, 100 penalty units.

In any other case, 50 penalty units.

Note

Section 72A applies to an offence against this section.".

17New Division 6 heading inserted in Part 8

Before section 55 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"Division 6—Testing".

18New Division 7 heading inserted in Part 8

Before section 57 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"Division 7—Other compliance measures".

19Seizure of chemical products and agricultural produce

In section 57(3) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, after "produce" insert "in a court of competent jurisdiction as a debt".

20Destruction notice

(1)Insert the following heading to section 58 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992—

"Notice to destroy or otherwise deal with chemical products and agricultural produce".

(2)In section 58 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992—

(a)in subsection (1)—

(i)for "the destruction of" substitute "that";

(ii)after "plants or stock" insert "be destroyed or otherwise dealt with";

(b)in subsection (2), after "destroyed" insert "or otherwise dealt with";

(c)in subsection (5), after "destroy" insert "or otherwise deal with";

(d)in subsection (6), after "plants or stock" insert "in a court of competent jurisdiction as a debt".

21New Part 8A heading inserted

Before section 64 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"Part 8A—Reviews and appeals".

22Criminal liability of officers of bodies corporate—accessorial liability

For section 72A(2)(j) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 substitute—

"(j)section 54J;

(ja)section 54K;

(jb)section 54L;".

23New Part 9A heading inserted

After section 73 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"Part 9A—General".

24New section 73A inserted

Before section 74 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"73A   How requirements, notices and documents may be made, given or served

(1)A requirement may be made to a person by an authorised officer under this Act by—

(a)orally informing the person of the requirement; or

(b)giving written notice of the requirement to the person in accordance with subsection (2) or (3).

(2)Any written notice or other document may be given to or served on a person (including a body corporate) under this Act—

(a)in person; or

(b)by sending it by post to the person at the person's usual or last known residential or business address; or

(c)by leaving it at the person's usual or last known residential address with a person on the premises who is apparently at least 16 years old; or

(d)by leaving it at the person's usual or last known business address with a person who is apparently employed at the premises and is apparently at least 16 years old; or

(e)by sending it by electronic communication to the person at the person's usual or last known electronic address.

(3)In addition to the methods in subsection (2), any written notice or other document may be given to or served on a body corporate under this Act by sending it by post or electronic communication to the body corporate at the head office, registered office or principal place of business of the body corporate.".

Division 2—Labelling

25Definitions

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

(a)insert the following definition—

"approved label has the same meaning as in the AgVet Code of Victoria;";

(b)in the definition of advice note, after "label" insert "or an approved label".

26Off-label use of chemical products

After section 19(9) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"(10)If there is an approved label for a chemical product at the time of use, a reference in this section to the label is a reference to the approved label for the chemical product at that time (whether or not the approved label is marked on or attached to the package of the chemical product), unless—

(a)the chemical product is used in accordance with written instructions issued by a veterinary practitioner in the course of veterinary practice; or

(b)the chemical product is a prescribed chemical product or is used in prescribed circumstances or both.".

Division 3—Administrative arrangements

27Definitions

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

(a)insert the following definition—

"Secretary means Secretary to the Department;";

(b)the definition of chief administrator is repealed;

(c)for the definition of Department substitute—

"Department means Department of Jobs, Precincts and Regions;";

(d)the definition of Secretary to the Department of Health is repealed.

(2)Section 4(6) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 is repealed.

28Land use restriction notice

In section 50 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992—

(a)in subsection (1)—

(i)for "chief administrator" substitute "Secretary";

(ii)for "he or she" substitute "the Secretary";

(b)in subsection (3), for "authorised officer" substitute "Secretary".

29Confidentiality of commercial information

Section 63 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 is repealed.

30Updating references to chief administrator

In sections 18(3), 20(2), 26(1)(d), 51(1), (2) and (3), 53(1) and (2), 54B(1), 55(1) and (2)(c), 56(2)(c), 58(1), (3), (5) and (6), 60(1), (2) and (3), 61(1), 64(1), 67A(1), 67B(1), 71(1) and (2) and 74(1) of, and clauses 2, 3, 4, 5, 8, 9 and 10 of Schedule 1 to, the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for "chief administrator" (wherever occurring) substitute "Secretary".

Part 3—Amendment of Catchment and Land Protection Act 1994

31Contents of a notice

Section 38(5) of the Catchment and Land Protection Act 1994 is repealed.

32New section 58C inserted

After section 58B of the Catchment and Land Protection Act 1994 insert—

"58C   Declaration of notifiable species

(1)The Minister, by notice published in the Government Gazette, may declare a State prohibited weed or a restricted pest animal to be a notifiable species.

(2)A declaration must apply to the whole State.

(3)A declaration comes into effect on the day on which the notice is published in the Government Gazette.

(4)The Minister, by notice published in the Government Gazette, must vary a declaration under subsection (1) to remove a notifiable species from being subject to the declaration if—

(a)the notifiable species is no longer a State prohibited weed or a restricted pest animal; or

(b)the Minister is satisfied that the notifiable species has been eradicated or is not able to be eradicated; or

(c)the Minister is satisfied that the declaration is not delivering the expected benefits of the declaration or is ineffective in achieving the purpose of the declaration.

(5)The Minister, by notice published in the Government Gazette, must revoke a declaration under subsection (1) if—

(a)every notifiable species subject to the declaration is no longer a State prohibited weed or a restricted pest animal; or

(b)if the Minister is satisfied that every notifiable species subject to the declaration has been eradicated or is not able to be eradicated; or

(c)the Minister is satisfied that the declaration is not delivering the expected benefits of the declaration or is ineffective in achieving the purpose of the declaration; or

(d)the Minister is satisfied there is another reason why the declaration is no longer required.

(6)A copy of a notice under subsection (1), (4) or (5) must be published—

(a)in a daily newspaper circulating generally in Victoria; and

(b)on the Department's Internet site.

(7)A declaration ceases to have effect on the day on which a notice under subsection (5) is published in the Government Gazette.

(8)A person who suspects the presence of a notifiable species on land must without delay notify the Secretary of that fact by the quickest means of communication available to that person.".

33Removing particular vehicles or other things on to or from a road

(1)In section 70A(1) of the Catchment and Land Protection Act 1994, for "a vehicle (together with any trailer)" substitute "a vehicle, trailer, machinery or equipment".

(2)In section 70A(1) of the Catchment and Land Protection Act 1994, after "the vehicle" insert ", trailer, machinery or equipment".

34Section 71 substituted and new sections 71A, 71B and 71C inserted

For section 71 of the Catchment and Land Protection Act 1994 substitute—

"71   Offences relating to the spread of noxious weeds

(1)A person must not, without a permit from the Secretary, buy or offer to buy in Victoria any of the following—

(a)a noxious weed;

(b)the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;

(c)part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(2)A person must not, without a permit from the Secretary, sell or offer to sell in Victoria any of the following—

(a)a noxious weed;

(b)the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;

(c)part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(3)A person must not, without a permit from the Secretary, possess for the purposes of sale in Victoria any of the following—

(a)a noxious weed;

(b)the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;

(c)part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(4)A person must not, without a permit from the Secretary, display in Victoria any of the following—

(a)a noxious weed;

(b)the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;

(c)part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(5)A person must not, without a permit from the Secretary, plant or propagate in Victoria any of the following—

(a)a noxious weed;

(b)the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;

(c)part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(6)A person must not, without a permit from the Secretary, wilfully bring or cause to be brought into Victoria any of the following—

(a)a noxious weed;

(b)the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;

(c)part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(7)A person must not, without a permit from the Secretary, transport within Victoria any of the following—

(a)a noxious weed;

(b)the seeds of a noxious weed whether or not packed or mixed with the seeds of any other plants;

(c)part of a noxious weed that is capable of growing whether or not packed or mixed with the parts of any other plants.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(8)A person must not, without a permit from the Secretary, remove or cause to be removed, soil, sand, gravel or stone which—

(a)contains a noxious weed; or

(b)contains or is likely to contain the seeds or any other part of a noxious weed that is capable of growing; or

(c)comes from land on which noxious weeds grow.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(9)A person must not, without a permit from the Secretary, sell soil, sand, gravel or stone which—

(a)contains or is likely to contain any part of a noxious weed; or

(b)contains or is likely to contain the seeds or any other part of a noxious weed that is capable of growing; or

(c)comes from land on which noxious weeds grow.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(10)A person must not, without a permit from the Secretary, remove or cause to be removed, fodder, grain or produce which contains the seeds or any other part of a noxious weed that is capable of growing.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(11)A person must not, without a permit from the Secretary, sell fodder, grain or produce which contains the seeds or any other part of a noxious weed that is capable of growing.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(12)A person must not, without a permit from the Secretary, remove or cause to be removed, a substance, vehicle, equipment or machinery or any other item that is used or intended to be used in primary production and which contains the seeds or any other part of a noxious weed that is capable of growing.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(13)A person must not, without a permit from the Secretary, sell or hire, or offer for hire, a substance, vehicle, equipment, machinery or other item that is used or intended to be used in primary production and which contains the seeds or any other part of a noxious weed that is capable of growing.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(14)A person must not, without a permit from the Secretary, sell an animal which is carrying the seeds or any other part of a noxious weed that is capable of growing.

Penalty:480 penalty units, in the case of seeds of a State prohibited weed.

240 penalty units, in the case of seeds of a regionally prohibited weed.

60 penalty units, in the case of seeds of a regionally controlled weed.

60 penalty units, in the case of seeds of a restricted weed.

(15)A person must not, without a permit from the Secretary, remove any materials used as bedding for animals that contain, or are likely to contain, the seeds or a part of a noxious weed that is capable of growing.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(16)A person must not, without a permit from the Secretary, sell any materials used as bedding for animals that contain, or are likely to contain, the seeds or a part of a noxious weed that is capable of growing.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(17)A person must not, without a permit from the Secretary, deposit on land—

(a)a noxious weed; or

(b)the seeds of a noxious weed that are apparently capable of germinating.

Penalty:480 penalty units, in the case of a State prohibited weed or part of that weed.

240 penalty units, in the case of a regionally prohibited weed or part of that weed.

60 penalty units, in the case of a regionally controlled weed or part of that weed.

60 penalty units, in the case of a restricted weed or part of that weed.

(18)Subsection (14) does not apply to the sale of farm animals direct to a meat processing facility within the meaning of the Meat Industry Act1993.

71APermits relating to noxious weeds

(1)A person may apply to the Secretary in writing for a permit, or the renewal of a permit, to do any of the things referred to in section 71(1) to (17).

(2)A person must apply for the renewal of a permit before the permit expires.

(3)An application under subsection (1) must be accompanied by the fee (if any) determined in accordance with the Conservation, Forests and Lands Act 1987 for applications of that kind.

(4)Subject to this section, the Secretary may by instrument grant or refuse an application under subsection (1).

(5)A permit may be granted for a period of up to 3 years which must be specified in the permit.

(6)A permit—

(a)must state the acts or things to which it relates and the person to whom it applies; and

(b)may be general or limited in application; and

(c)may be subject to any conditions specified in the permit; and

(d)may require the payment of an annual fee (determined in accordance with the Conservation, Forests and Lands Act 1987) specified in the permit; and

(e)may provide for review of the annual fee.

(7)A condition imposed on a permit may—

(a)provide that activities permitted under the permit are limited to being carried out by a specified person or person of a specified class of person on behalf of the permit holder; and

(b)limit the activities permitted under the permit to being carried out at specified areas or places or at specified times.

(8)A person granted a permit must comply with its conditions.

Penalty:120 penalty units.

71BRevocation of permit granted under section 71A

(1)The Secretary, by notice served on the holder of a permit granted under section 71A, may revoke the permit if the holder has contravened this Act or any of the conditions of the permit.

(2)Before revoking a permit, the Secretary must—

(a)give notice of the proposal to the permit holder, specifying—

(i)the grounds for the proposed revocation; and

(ii)that the person may make written or oral submissions about the matter within 28 days after the date of service of the notice; and

(b)consider any submissions made in accordance with paragraph (a).

71CPermit holder may surrender permit

The holder of a permit granted under section 71A may, in writing to the Secretary, surrender the permit.".

35Destruction etc. of noxious weeds

For section 72(8) of the Catchment and Land Protection Act 1994 substitute—

"(8)In this section—

goods means any animal or part of an animal or any other item or thing referred to in section 71(1) to (17);

infested goods means any goods that contain or are carrying a noxious weed or any seeds or other part of a noxious weed capable of growing.".

36Permits in relation to pest animals

(1)In the heading to section 77 of the Catchment and Land Protection Act 1994, after "Permits" insert "in relation to pest animals".

(2)For section 77(1) of the Catchment and Land Protection Act 1994 substitute—

"(1)A person may apply to the Secretary in writing in a form approved by the Secretary for a permit, or the renewal of a permit, to—

(a)bring a pest animal into Victoria; or

(b)keep, sell or release a pest animal in Victoria.

(1A)A person must apply for the renewal of a permit before the permit expires.".

(3)In section 77(2) of the Catchment and Land Protection Act 1994, for "A permit application" substitute "An application under subsection (1)".

(4)In section 77(5) of the Catchment and Land Protection Act 1994, after "a permit" insert ", or a renewal of a permit,".

(5)For section 77(6) of the Catchment and Land Protection Act 1994 substitute—

"(6)Those conditions may include but are not limited to conditions requiring any one or more of the following—

(a)the secure keeping of the animals;

(b)requiring animals to be sterilised;

(c)requiring animals to be identified (by implant, branding or otherwise);

(d)limiting the number of animals which may be brought into Victoria, kept, sold or released;

(e)limiting activities permitted under the permit to being carried out by a specified person or person of a specified class of person on behalf of the permit holder;

(f)limiting activities permitted under the permit to being carried out at specified areas or places or at specified times.".

(6)For section 77(7) of the Catchment and Land Protection Act 1994 substitute—

"(7)A permit—

(a)may be granted for a period of up to 10 years which must be specified in the permit; and

(b)may be limited to any place, species, animal or other circumstance, or to any class of these.".

37Revocation of permit granted under section 77

(1)In the heading to section 78 of the Catchment and Land Protection Act 1994, after "permit" insert "granted under section 77".

(2)In section 78(1) of the Catchment and Land Protection Act 1994, for "the permit holder" substitute "the holder of a permit granted under section 77".

38New section 78A inserted

After section 78 of the Catchment and Land Protection Act 1994 insert—

"78A   Permit holder may surrender permit

The holder of a permit granted under section 77 may in writing to the Secretary surrender the permit.".

39New section 79B inserted

After section 79A of the Catchment and Land Protection Act 1994 insert—

"79B   Production of documents or records

An authorised officer may, on reasonable notice, for the purpose of ascertaining whether or not a person is complying with this Act or the regulations—

(a)require by written notice—

(i)the person to produce any records or documents relating to the person (including financial, accounting or business records) that are kept by the person; or

(ii)the production of such records or documents by any other person who is holding those records or documents, or keeping such records or documents on behalf of the person referred to in subparagraph (i); and

(b)examine those documents or records when so produced; and

(c)make extracts, copies or notes of the contents of the documents or records. ".

40Entry with notice

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

"(ac)for the purposes of ascertaining whether or not a regionally prohibited weed, regionally controlled weed or established pest animal is present or not present on the land; or".

(2)For section 81(2) of the Catchment and Land Protection Act 1994 substitute—

"(2)Subsection (1) does not apply to a dwelling.".

(3)For section 81(3)(c) of the Catchment and Land Protection Act 1994 substitute—

"(c)without payment, take or require the occupier of the land to give samples of any goods (within the meaning of section 72(8)) found on the land.".

(4)In section 81(4) of the Catchment and Land Protection Act 1994—

(a)paragraphs (b), (c), (d) and (ea) are repealed;

(b)in paragraph (f) omit "with the consent of the occupier".

(5)Section 81(5) and (6) of the Catchment and Land Protection Act 1994 are repealed.

41Emergency entry

(1)In section 82(1)(a) of the Catchment and Land Protection Act 1994, for "is" substitute "may be".

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

"(bb)require a person to produce any document if the authorised officer reasonably believes it to be relevant for the purpose of ascertaining whether or not this Act and the regulations are being or have been complied with;

(bc)examine any document produced under paragraph (bb) and take extracts or make copies of the document;

(bd)remove any document produced under paragraph (bb) for so long as is reasonably necessary to take extracts or make copies of the document;".

42Searches of vehicles and boats

(1)For section 83D(1) of the Catchment and Land Protection Act 1994, for "he or she" substitute "the authorised officer or police officer".

(2)For section 83D(2)(e) of the Catchment and Land Protection Act 1994 substitute—

"(e)seize any pest animal or thing found during the course of the search if the authorised officer or police officer believes on reasonable grounds that it is necessary to seize the animal or thing—

(i)in order to prevent its concealment, loss or destruction; and

(ii)its use in the commission, or the continuation of a commission, of an offence against Division 3 of Part 8.".

43Searches of vehicles, trailers, machinery and equipment for noxious weeds

(1)In the heading to section 83E of the Catchment and Land Protection Act 1994, after "vehicles" insert ", trailers, machinery and equipment".

(2)In section 83E(1) of the Catchment and Land Protection Act 1994—

(a)after "officer" (where first occurring) insert "or a police officer";

(b)after officer (where secondly occurring) insert "or police officer";

(c)after "vehicle" insert ", trailer, machinery or equipment".

(3)For section 83E(2) of the Catchment and Land Protection Act 1994 substitute—

"(2)An authorised officer or a police officer who conducts a search under this section may do any one or more of the following—

(a)direct the operator of a vehicle, trailer, machinery or equipment to ensure that it is free from the seeds of any noxious weeds and any other part of a noxious weed that is capable of growing;

(b)take steps to ensure that the vehicle, trailer, machinery or equipment is free from such seeds or any part of a noxious weed;

(c)inspect and take photographs (including video recordings) of the vehicle, trailer, machinery or equipment or any thing found during the course of the search;

(d)inspect and make copies of or take extracts from any document found during the course of the search.".

44New section 83EA inserted

After section 83E of the Catchment and Land Protection Act 1994 insert—

"83EA   Searches of personal property

An authorised officer may, at any time without a warrant, search any parcel, basket, bag, box or receptacle for any thing which the authorised officer reasonably believes has been, is being, or is likely to be, used in the importing, keeping, trading or releasing of pest animals or noxious weeds in contravention of this Act, and may do any one or more of the following—

(a)inspect and take photographs (including video recordings) of any thing found during the course of the search;

(b)with whatever assistance is required, take and keep samples of any of the following found during the course of the search—

(i)the blood, bodily fluids or other matter from any pest animal;

(ii)a noxious weed or any other thing;

(c)with whatever assistance is required, destroy, mark or tag any pest animal found during the course of the search for the purpose of—

(i)eliminating any threat posed by the pest animal; or

(ii) later identifying it;

(d)inspect and make copies of, or take extracts from, any document found during the course of the search;

(e)seize any thing found during the course of the search if the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent—

(i)its concealment, loss or destruction; or

(ii)its use in committing or continuing to commit an offence against this Act.".

45Offences relating to enforcement

In section 84(1) of the Catchment and Land Protection Act 1994, for "(1)  A person" substitute "A person".

46New section 84AA inserted and repeal of section 84(2) and (3)

For section 84(2) and (3) of the Catchment and Land Protection Act 1994 substitute—

"84AA   Protection against self-incrimination

(1)Before an authorised officer requires a natural person to produce a document or record or answer a question under this Part, the authorised person must inform the person of the person's right under subsection (3).

(2)A person is not excused from producing a document or record or answering a question if required to do so under this Part on the ground that the production of the document or record or the response to the question would tend to incriminate the person or make the person liable to a penalty.

(3)Despite subsection (1), if, before producing a document or record or answering a question required under this Part a natural person claims that the production of the document or record or the response to the question would tend to incriminate the person or make the person liable to a penalty, the document or record or response is not admissible in evidence against the person in any criminal or civil proceeding, or in any proceeding for the imposition of a penalty other than in a proceeding for an offence under section 84(e).

(4)Subsection (2) does not apply to a person who is asked to state the person's name and address by an authorised officer in exercising a power under this Division.".

47Notices for the purposes of this Act

In section 85(1)(b) of the Catchment and Land Protection Act 1994, after "post," insert "or by electronic communication,".

48New section 85B inserted

After section 85A of the Catchment and Land Protection Act 1994 insert—

"85B   Land owner must notify Secretary of transfer of land

(1)The land owner of land who sells the land or transfers the management of the land to another person while the land is the subject of a land management notice, a priority area notice or a directions notice must give a written notice to the Secretary that complies with subsection (2) within 7 days after the sale or transfer.

Penalty:10 penalty units.

(2)For the purposes of subsection (1), the notice must include the following details —

(a)the land owner's name and contact details;

(b)the street address of the land;

(c)the volume and folio numbers of the certificate of title for the land (if applicable) or the Crown allotment details of the land;

(d)the number of the land management notice, priority area notice or directions notice that applies to the land;

(e)the name and contact details of the new owner of the land or the new manager of the land (as the case maybe).".

49New Division 3 inserted in Part 11

After Division 2 of Part 11 of the Catchment and Land Protection Act 1994 insert—

"Division 3—Agriculture Legislation Amendment Act 2022

109Definition

In this Division—

amending Act means the Agriculture Legislation Amendment Act 2022.

110Transitional and savings provisions—Agriculture Legislation Amendment Act 2022

(1)Despite the commencement of section 34 of the amending Act a permit granted under section 71 as in force immediately before that commencement continues in force until the expiry of that permit.

(2)The amendments made to this Act by section 34 of the amending Act apply only to offences alleged to have been committed on or after the commencement of that section.

(3)For the purposes of subsection (2), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 34 of the amending Act, the offence is alleged to have been committed before that commencement.".

Part 4—Amendment of Dairy Act 2000

50Definitions

In section 3 of the Dairy Act 2000, for the definition of Department substitute—

"Department means Department of Jobs, Precincts and Regions;".

51Officers and employees

Section 18(5) of the Dairy Act 2000 is repealed.

52Sections 63 and 64 repealed

Sections 63 and 64 of the Dairy Act 2000 are repealed.

Part 5—Amendment of Drugs, Poisons and Controlled Substances Act 1981

53Definitions

In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"animal health and welfare emergency order means an order made under section 22J;".

54New Division 6 of Part II inserted

After Division 5 of Part II of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"Division 6—Animal health and welfare emergencies

22IDefinitions

In this Division—

chief veterinary officer has the same meaning as in the Meat Industry Act 1993;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Jobs, Precincts and Regions.

22JWhen an animal health and welfare emergency order may be made

The Secretary may make an animal health and welfare emergency order if the Secretary believes it is necessary to do so—

(a)to respond to, or prevent, an animal health or welfare emergency; or

(b)to address a serious risk to the health or welfare of animals.

Examples

In response to a bushfire or for the purposes of preventing a biosecurity incident.

22KMatters to be specified in an animal health and welfare emergency order

An animal health and welfare emergency order must specify—

(a)the nature of the animal health or welfare emergency or serious risk to the health or welfare of animals to which the order relates; and

(b)if the animal health or welfare emergency or serious risk to animal health or welfare has occurred, the location or a description of the location that is affected; and

(c)the persons or class of persons who may obtain and possess, store, use, sell or supply the poison or controlled substance or class of poison or controlled substance specified in the order; and

(d)the persons or class of persons to whom any poison or controlled substance specified in the order may be sold or supplied; and

(e)the poison or controlled substance or class of poison or controlled substance to which the order relates; and

(f)the period during which the order is in force, not exceeding 6 months.

22LWhat an animal health and welfare emergency order authorises

(1)An animal health and welfare emergency order authorises a person or class of persons specified in the order to obtain and possess, store, use, sell or supply a specified poison or controlled substance or class of poison or controlled substance in accordance with the order.

(2)A person who has been sold or supplied a specified poison or controlled substance or class of poison or controlled substance in accordance with an animal health and welfare emergency order is authorised to possess and use that poison or controlled substance for the purpose for which it was sold or supplied.

22MExtending, amending and revoking orders

(1)The Secretary, by subsequent order—

(a)may extend or further extend the period for which an animal health and welfare emergency order is in force for a subsequent period not exceeding 6 months; and

(b)may otherwise amend or vary an animal health and welfare emergency order.

(2)The Secretary may revoke an animal health and welfare emergency order by subsequent order.

22NDelegation

The Secretary, by instrument, may delegate any powers or functions of the Secretary under this Division to the chief veterinary officer.

22OOrders under this Division to be published in Government Gazette

(1)An order made under this Division must be published in the Government Gazette.

(2)An order made under this Division commences—

(a)on the date specified in the order; or

(b)if no date is specified, on the date it is published in the Government Gazette.".

55Definitions

(1)In section 61(1) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)insert the following definitions—

"minor term or condition means a term, condition, limitation or restriction prescribed under section 66(4);

national criminal history check, in relation to a person, means a check of the criminal history of the person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth;

protected information means any information, document or thing the production or inspection of which—

(a)is likely to reveal the identity of a person or a police officer who provided any information that is relevant to a decision of the Chief Commissioner of Police to—

(i)oppose the issuing or renewal of an authority; or

(ii)request the suspension or cancellation of an authority; or

(b)is likely to reveal the identity of a person whose name appears in any evidence given or information provided to a police officer in the course of any investigation; or

(c)is likely to reveal the identity of a person who is or has been the subject of an investigation conducted by a police officer; or

(d)is likely to reveal an investigation method, intelligence gathering method, investigative technique or technology or covert practice used by police officers; or

(e)is likely to jeopardise the safety of a person or police officer referred to in paragraph (a), (b) or (c); or

(f)is likely to put at risk any investigation by a police officer; or

(g)may prejudice any investigation or criminal proceeding; or

(h)is otherwise not in the public interest;";

(b)in the definition of low-THC cannabis, for "0·35" substitute "1·0";

(c)for the definition of serious offence substitute—

"serious offence means—

(a)an indictable offence involving dishonesty, fraud or assault; or

(b)an offence under section 72B; or

(c)any offence under this Act with a penalty of imprisonment of more than one year; or

(d)an offence equivalent to an offence referred to in paragraphs (a), (b) or (c) under the law of another jurisdiction.";

(d)in the definition of Secretary, for "Environment and Primary Industries" substitute "Jobs, Precincts and Regions".

(2)In section 61(2) of the Drugs, Poisons and Controlled Substances Act 1981, for "section 64, a person" substitute "sections 63 and 64, a person who is 18 years of age or more".

(3)In section 61(2)(c) of the Drugs, Poisons and Controlled Substances Act 1981, for "relative" substitute "spouse (including de facto spouse)".

(4)In section 61(3) of the Drugs, Poisons and Controlled Substances Act 1981, the definition of relative is repealed.

56Application for authority to cultivate and process low-THC cannabis

(1)For section 62(1) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—

"(1)A person may apply to the Secretary for an authority authorising that person, for commercial or research purposes relating to non-therapeutic use, to do one or more of the following—

(a)to possess, process, sell or supply cannabis seed which has been harvested from low-THC cannabis;

(b)to cultivate and possess low-THC cannabis which has been grown from seed which has been harvested from cannabis, where the leaves and flowering heads of the cannabis from which the seed has been harvested do not contain tetrahydrocannabinol in excess of 0·5 per cent;

(c)to possess, process, sell or supply low‑THC cannabis which is substantially free of leaves and flowering heads.".

(2)In section 62(2) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)in paragraph (b), for "fee." substitute "fee; and";

(b)after paragraph (b) insert—

"(c)include any prescribed information.".

57Secretary must investigate application

(1)For section 63(1) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—

"(1)On receipt of an application under section 62, the Secretary—

(a)must cause to be carried out all investigations and inquiries that the Secretary considers necessary to properly determine the application; and

(b)may conduct an inspection of an applicant's premises that relates to the application; and

(c)must require that an applicant or any associate of the applicant submit to the Secretary a national criminal history check that was undertaken within 6 months of the date it is submitted to the Secretary.".

(2)In section 63(2) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)for "may" substitute "must";

(b)for "Police" substitute "Police within 7 days of receiving the application and any supporting documentation".

(3)For section 63(3) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—

"(3)The Chief Commissioner of Police must—

(a)inquire into and report to the Secretary on any matters concerning the application that the Chief Commissioner of Police believes are appropriate or reasonably necessary; and

(b)inquire into and report to the Secretary on any matters concerning the application that the Secretary requests; and

(c)within 28 days of receiving the application from the Secretary—

(i)notify the Secretary in writing of the Chief Commissioner of Police's decision to oppose or not oppose the issuing of the authority; and

(ii)subject to section 69AC(1), provide the reasons for the decision to oppose or not oppose the issuing of the authority.".

58New section 63A inserted

After section 63 of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"63A   When Secretary must refuse to issue authority

If the Secretary is notified under section 63(3)(c) that the Chief Commissioner of Police opposes the issuing of the authority, the Secretary must not issue the authority.".

59Matters to be considered in determining applications

In section 64(1)(c) of the Drugs, Poisons and Controlled Substances Act 1981, for "and proposed security arrangements" substitute ", proposed security arrangements and any other prescribed requirements".

60Determination of applications

(1)In section 65(1) of the Drugs, Poisons and Controlled Substances Act 1981, for "After" substitute "Subject to section 63A, after".

(2)In section 65(2) of the Drugs, Poisons and Controlled Substances Act 1981, for "(1)." substitute "(1) within 21 days of making the decision.".

(3)After section 65(2) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(3)If the decision is to refuse to issue the authority, the Secretary must—

(a)notify the Chief Commissioner of Police that the Secretary has refused to issue the authority; and

(b)subject to section 69AC(2), provide reasons for that decision to the applicant; and

(c)inform the applicant that they have the right to seek review of the Secretary's decision by VCAT.".

61Terms and conditions of authorities

After section 66(3) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(4)An authority is subject to the terms, conditions, limitations and restrictions (if any) that are prescribed minor terms or conditions.

(5)An authority is subject to any other prescribed terms, conditions, limitations and restrictions.".

62New section 66A inserted

After section 66 of the Drugs, Poisons and Controlled Substances Act 1981 insert—

66AApplication of prescribed terms and conditions"

(1)A term, condition, limitation or restriction prescribed under section 66(4) or (5) applies to an authority on and from the prescribed date, being not less than 14 days after the commencement of the regulations that prescribe the term, condition, limitation or restriction.

(2)The Secretary must give the holder of an authority written notice of any term, condition, limitation or restriction under subsection (1) to which the authority is subject.".

63Renewal of authorities

(1)In section 67(1)(a) of the Drugs, Poisons and Controlled Substances Act 1981, for "may be made up to one month" substitute "must be made at least 60 days".

(2)For section 67(2) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—

"(2)On receipt of an application for renewal under subsection (1), the Secretary—

(a)must cause to be carried out all investigations and inquiries that the Secretary considers necessary to properly determine the application; and

(b)may conduct an inspection of the premises or site to which the authority relates; and

(c)must refer a copy of the application and any supporting documentation to the Chief Commissioner of Police within 7 days of receiving the application and any supporting documentation.

(2A)The Chief Commissioner of Police must—

(a)inquire into and report to the Secretary on any matters concerning the application that the Chief Commissioner of Police believes are appropriate or reasonably necessary; and

(b)inquire into and report to the Secretary on any matters concerning the application that the Secretary requests; and

(c)within 28 days of receiving the application from the Secretary—

(i)notify the Secretary in writing of the Chief Commissioner of Police's decision to oppose or not oppose the renewal of the authority; and

(ii)subject to section 69AC(1), provide the reasons for the decision to oppose or not oppose the renewal of the authority.

(2B)If the Secretary is notified under subsection (2A)(c) that the Chief Commissioner of Police opposes the renewal of the authority, the Secretary must not renew the authority.

(2C)Subject to subsection (2B), after considering a renewal application and any investigations under this section, the Secretary may—

(a)renew the authority; or

(b)refuse to renew the authority.".

(3)After section 67(3) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(4)The Secretary must—

(a)notify the applicant in writing of the decision under subsection (2C) within 21 days of making the decision ; and

(b)if the Secretary refuses to renew the authority—

(i)notify the Chief Commissioner of Police that the Secretary has refused to renew the authority; and

(ii)subject to section 69AC(2), provide reasons for that decision to the applicant; and

(iii)inform the applicant that they have the right to seek review of the Secretary's decision by VCAT.".

64Suspension or cancellation

(1)For section 69A(1)(d) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—

"(d)the Secretary is satisfied that the holder or any associate of the holder is no longer a fit and proper person to hold or be associated with, as the case requires, the authority; or".

(2)After section 69A(1)(e) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(ea)the Chief Commissioner of Police requests suspension or cancellation on the basis of protected information concerning the holder or an associate of the holder; or".

(3)In section 69A(2) of the Drugs, Poisons and Controlled Substances Act 1981 omit "and any document issued to the former holder must be surrendered to the Secretary on demand".

(4)After section 69A(2) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

(b)suspend the registration of the registered veterinary practitioner concerned.".

(3)In section 26A(2) of the Veterinary Practice Act 1997, for "subsection (1)" substitute "subsection (1A)(b)".

(4)After section 26A(7) of the Veterinary Practice Act 1997 insert—

"(7A)The Board may, before the preliminary investigation or any hearing into the matter is completed—

(a)with the agreement of the veterinary practitioner, vary any condition, limitation or restriction imposed on the registration of the veterinary practitioner under subsection (1A)(a); or

(b)revoke any condition, limitation or restriction imposed on the registration of the veterinary practitioner under subsection (1A)(a).

(7B)If the veterinary practitioner enters into an agreement with the Board under section 29 or 31, any condition, limitation or restriction imposed on the registration of the practitioner under subsection (1A)(a) is revoked on the day on which the agreement is made.

(7C)If, at a formal hearing, the Board determines to impose a condition, limitation or restriction on the registration of a veterinary practitioner under section 46(2)(a), any condition, limitation or restriction imposed on the registration of the practitioner under subsection (1A)(a) is revoked on the day of the determination.".

(5)For section 26A(10) of the Veterinary Practice Act 1997 substitute—

"(10)If under this section the suspension of a veterinary practitioner's registration ceases or a condition, limitation or restriction imposed on the registration of a veterinary practitioner under subsection (1A)(a) is revoked, the Board must immediately serve a written notice personally or by registered post on the veterinary practitioner informing the veterinary practitioner—

(a)in the case of the cessation of a suspension, that the suspension has ceased and the date on which it ceased; or

(b)in the case of the revocation of a condition, limitation or restriction, that the condition, limitation or restriction has been revoked and the date of the revocation.".

180Constitution of a panel for an informal hearing

(1)For section 35(2) of the Veterinary Practice Act 1997 substitute—

"(2)The President or (if the President is unable to act) the Deputy President of the Board may appoint an approved person to be a member of a panel in any or all of the following circumstances—

(a)the Board is unable to appoint a panel because there are not enough members available to sit on it;

(b)the Board is of the opinion that a person with special expertise is required for the hearing;

(c)the Board considers that in the circumstances it is desirable that a lawyer should sit on the panel.".

(2)Section 35(4) of the Veterinary Practice Act 1997 is repealed.

181Constitution of a hearing panel for a formal hearing

For section 42(2) of the Veterinary Practice Act 1997 substitute—

"(2)The President or (if the President is unable to act) the Deputy President of the Board may appoint an approved person to be a member of a panel in any or all of the following circumstances—

(a)the Board is unable to appoint a panel because there are not enough members available to sit on it;

(b)the Board is of the opinion that a person with special expertise is required for the hearing;

(c)the Board considers that in the circumstances it is desirable that a lawyer should sit on the panel.".

182Constitution of a hearing panel for a formal hearing

Section 42(4) of the Veterinary Practice Act 1997 is repealed.

183New section 47A inserted

After section 47 of the Veterinary Practice Act 1997 insert—

"47A   Conferences, meetings or hearings may be held by remote means.

(1)For the purposes of this Part a preliminary conference, meeting, informal hearing or formal hearing may be held by means of an audio link or an audio visual link if—

(a)holding the conference, meeting or hearing by those means is the only way to comply with any requirements imposed by law; or

Example

A requirement imposed by a law could be that there may be no gatherings of people during a pandemic other than for reasons that do not include the holding of conferences, meetings or hearings.

(b)the person who is required to attend the conference or meeting or entitled to be present at the hearing agrees that the conference, meeting or hearing may be held by either of those means.

(2)For the purposes of subsection (1)(b), an agreement may be made by any means of electronic communication.".

184Section 53 substituted

For section 53 of the Veterinary Practice Act 1997 substitute—

53Offences to disclose information identifying complainant or witness"

(1)A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part which contains information which would enable the complainant to be identified unless the complainant has, before the publication or broadcast, consented to this.

Penalty:For a natural person, 60 penalty units.

For a body corporate, 300 penalty units.

(2)A person must not publish or broadcast or cause to be published or broadcast any report of a formal hearing under this Part which contains information which would enable, if the panel has made a determination prohibiting the publication or broadcast of the identity of a witness, that witness to be identified unless the witness has, before the publication or broadcast, consented to this.

Penalty:For a natural person, 60 penalty units.

For a body corporate, 300 penalty units.".

185Review by Victorian Civil and Administrative Tribunal

(1)In section 55(1)(a) of the Veterinary Practice Act 1997, for "a person's" substitute "the person's".

(2)For section 55(1)(b) of the Veterinary Practice Act 1997 substitute—

"(b)a decision of the Board to impose, vary or revoke a condition, limitation or restriction on the person's registration as a veterinary practitioner; or

(ba)a decision of the Board to refuse to impose, vary or revoke a condition, limitation or restriction on the person's registration as a veterinary practitioner; or".

(3)In section 55(1)(c) of the Veterinary Practice Act 1997, for "a person" substitute "the person".

(4)After section 55(1)(c) of the Veterinary Practice Act 1997 insert—

"(ca)a decision of the Board under section 7AA to cancel the specific registration of the person; or".

(5)In section 55(1)(d) of the Veterinary Practice Act 1997, after "Part 3" insert "in relation to the person".

186Claims by persons as to registration

(1)For section 57(1) of the Veterinary Practice Act 1997 substitute—

"(1)A person who is not a registered veterinary practitioner must not take or use the title of registered veterinary practitioner or any other title that suggests that the person is registered under this Act.

Penalty:100 penalty units.

(1A)A person who is not a registered veterinary practitioner must not claim to be registered under this Act or hold out that the person is registered under this Act.

Penalty:100 penalty units.

(1B)A person who is not a registered veterinary practitioner must not claim to be qualified to practise as a veterinary practitioner.

Penalty:100 penalty units.

(1C)A person who is not a registered veterinary practitioner must not carry out any act that is required to be carried out by a registered veterinary practitioner by or under an Act.

Penalty:100 penalty units.".

(2)For section 57(2) of the Veterinary Practice Act 1997 substitute—

"(2)A registered veterinary practitioner whose registration is specific must not take or use any title that suggests that the veterinary practitioner's registration is not specific.

Penalty:100 penalty units.

(2A)A registered veterinary practitioner whose registration is specific must not claim to have, or hold the veterinary practitioner out, as having general registration.

Penalty:100 penalty units.".

(3)For section 57(3) of the Veterinary Practice Act 1997 substitute—

"(3)A registered veterinary practitioner whose registration is subject to a condition, limitation or restriction must not take or use any title that suggests that the veterinary practitioner's registration is not subject to a condition, limitation or restriction.

Penalty:100 penalty units.

(3A)A registered veterinary practitioner whose registration is subject to a condition, limitation or restriction must not claim to have, or hold the veterinary practitioner out, as having a registration which is not subject to a condition, limitation or restriction.

Penalty:100 penalty units.".

(4)For section 57(4) of the Veterinary Practice Act 1997 substitute—

"(4)A person must not take or use the title of registered veterinary specialist or any other title that suggests that the person is registered under this Act with an endorsement that the person is a veterinary specialist, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist.

Penalty:100 penalty units.

(4A)A person must not claim to be registered under this Act with an endorsement that the person is a veterinary specialist or hold out that the person is registered under this Act with an endorsement that the person is a veterinary specialist, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist.

Penalty:100 penalty units.

(4B)A person must not claim to be qualified to practise as a veterinary specialist unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist.

Penalty:100 penalty units.".

(5)For section 57(5) of the Veterinary Practice Act 1997 substitute—

"(5)A person must not take or use the title of registered veterinary specialist with respect to a particular branch of veterinary surgery or veterinary medicine or any other title that suggests that the person is registered under this Act with an endorsement that the person is a veterinary specialist with respect to that branch, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist with respect to that branch.

Penalty:100 penalty units.

(5A)A person must not claim to be registered under this Act with an endorsement that the person is a veterinary specialist with respect to a particular branch of veterinary surgery or veterinary medicine or hold the person out as being registered under this Act with an endorsement that the person is a veterinary specialist with respect to that branch, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist with respect to that branch.

Penalty:100 penalty units.

(5B)A person must not claim to be qualified to practise as a veterinary specialist with respect to a particular branch of veterinary surgery or veterinary medicine, unless the person is a registered veterinary practitioner whose registration is endorsed that the person is a veterinary specialist with respect to that branch.

Penalty:100 penalty units.".

(6)For the penalty at the foot of section 57(6) of the Veterinary Practice Act 1997 substitute—

"Penalty:For a natural person, 100 penalty units.

For a body corporate, 300 penalty units.".

187Section 58 substituted

For section 58 of the Veterinary Practice Act 1997 substitute—

"58   Fraud, forgery etc

(1)A person must not fraudulently or by false representation or declaration (either orally or in writing) obtain registration under this Act.

Penalty:100 penalty units.

(2)A person must not fraudulently or by false representation (either orally or in writing) procure any person to be registered under this Act.

Penalty:For a natural person, 100 penalty units.

For a body corporate, 500 penalty units.

(3)A person must not forge, counterfeit or alter any certificate of registration under this Act or any degree, diploma or other evidence of qualifications for registration under this Act.

Penalty:For a natural person, 100 penalty units.

For a body corporate, 500 penalty units. ".

188Membership of the Board

For section 63(2)(c) of the Veterinary Practice Act 1997 substitute—

"(c)one must be a registered veterinary practitioner with experience in veterinary education or the continuing professional development of veterinary practitioners; and".

190Approved methods of communication for Board

(1)In section 72(1) of the Veterinary Practice Act 1997, after "President of the Board" insert "or Deputy President of the Board".

(2)After section 72(1) of the Veterinary Practice Act 1997 insert—

"(1A)For the purposes of subsection (1), members of the Board may come to an agreement by any means of electronic communication.".

(3)In section 72(2) of the Veterinary Practice Act 1997, for "he or she" substitute "the member".

(4)For section 72(3) of the Veterinary Practice Act 1997 substitute—

"(3)This section applies to a meeting or part of a meeting of the Board conducted for the purposes of the Board performing its functions under this Act.".

191Section 77 substituted

For section 77 of the Veterinary Practice Act 1997 substitute—

"77   Duty of confidentiality

(1)A person who is or has been a member of the Board or a member of the staff of the Board, must not, directly or indirectly, make a record of, or disclose or communicate to another person, any information obtained in the course of the performance of the person's functions under this Act unless—

(a)for a purpose or in a circumstance specified in subsection (2); and

(b)in the case of a disclosure or communication of information to a relevant person, the person disclosing or communicating the information is satisfied that—

(i)the information will be collected, stored and used by the relevant person in a way that ensures the protection of the privacy of any person to whom the information relates; and

(ii)the provision of the information to the relevant person is necessary to enable the relevant person to perform their functions.

Penalty:60 penalty units.

(2)For the purposes of subsection (1) the purposes or circumstances are as follows—

(a)for the purposes of, or in connection with, the administration and enforcement of this Act or the regulations or a law of another State or Territory that corresponds with this Act or the regulations;

(b)for the purposes of assisting any of the following persons to perform a function under this Act or any other Act or to assist those persons in the performance of such functions—

(i)a member of, or officer employed by, the Board;

(ii)a person authorised by the Board for the purposes of this Act;

(iii)a relevant person; 

(c)the information relates to a proceeding before the Victorian Civil and Administrative Tribunal that is open to the public;

(d)the information is reasonably required for the purposes of the enforcement of any other Act, or a law of another State or a Territory;   

(e)for the purposes of reducing risks to the health, safety and wellbeing of a natural person to whom the information relates;

(f)for the purposes of reducing risks to the health, safety and wellbeing of members of the public or the health or welfare of animals;

(g)the information is in a form that does not identify a natural person to whom the information relates;

(h)the disclosure is authorised in writing by the person to whom the information relates;

(i)the disclosure is authorised in writing by the Board on the grounds that the disclosure is in the public interest.

(3)In this section—

relevant person means any of the following persons—

(a)the Director of Public Prosecutions;

(b)a police officer;

(c)a person appointed by the Board under Part 3 or Part 8;

(d)a registered medical practitioner performing a function under Part 3;

(e)a barrister or solicitor engaged to assist the Board in relation to a formal or informal hearing or a prosecution for an offence against a provision of this Act;

(f)a specialist inspector or a general inspector appointed under the Prevention of Cruelty to Animals Act 1986;

(g)an authorised officer within the meaning of the Domestic Animals Act 1994;

(h)an inspector within the meaning of the Livestock Disease Control Act 1994;

(i)an authorised officer within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992;

(j)an authorised officer within the meaning of the Wildlife Act 1975;

(k)an authorized officer within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;

(l)a gambling and liquor inspector within the meaning of the Racing Act 1958;

(m)the Secretary;

(n)any person employed under Part 3 of the Public Administration Act 2004 in the administration of the Racing Act 1958;

(o)a person who performs, or assists a person to perform, functions similar to or equivalent to those performed by a person referred to in paragraphs (a) to (d) and (f) to (n) under a law of another State or a Territory;

(p)any other person, or a person of a class of person, prescribed for the purposes of this section.".

192Powers of Board in relation to fees

(1)In section 86(1)(a) of the Veterinary Practice Act 1997, for "the Board" substitute "subject to paragraph (ab), the Board".

(2)After section 86(1)(a) of the Veterinary Practice Act 1997 insert—

"(ab)in the case of a fee determined by the Board for granting specific registration as a veterinary practitioner, the Board must fix the fee for a period that is no less than 12 months and no more than 36 months and may amend or vary the fee at the end of that period; and".

193New section 98 inserted

After section 97 of the Veterinary Practice Act 1997 insert—

"98   Transitional provisions—Agriculture Legislation Amendment Act 2022

(1)A person approved by the Governor in Council under section 35(4) immediately before the commencement of section 180(2) of the amending Act is taken to be an approved person until the term of the approval expires.

(2)A person approved by the Governor in Council under section 42(4) immediately before the commencement of section 182 of the amending Act is taken to be an approved person until the term of the approval expires.

(3)The amendments made to this Act by section 184 of the amending Act apply only to offences alleged to have been committed on or after the commencement of that section.

(4)For the purposes of subsection (3), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 184 of the amending Act, the offence is alleged to have been committed before that commencement.

(5)The amendments made to this Act by section 186 of the amending Act apply only to offences alleged to have been committed on or after the commencement of that section.

(6)For the purposes of subsection (5), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 186 of the amending Act, the offence is alleged to have been committed before that commencement.

(7)The amendments made to this Act by section 187 of the amending Act apply only to offences alleged to have been committed on or after the commencement of that section.

(8)For the purposes of subsection (7), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 187 of the amending Act, the offence is alleged to have been committed before that commencement.

(9)The Board continues in operation despite the changes to its constitution made by section 188 of the Amending Act.

(10)In this section—

amending Act means the Agriculture Legislation Amendment Act 2022.".

Part 11—Amendment of Wildlife Act 1975

194Offence for certain persons to enter on or remain in specified hunting area

In section 58C(1A)(a)(i) of the Wildlife Act 1975, for "game birds" substitute "game that is waterfowl".

195Statute law revision amendment

In section 18(7) of the Wildlife Act 1975, in the definition of Marine and Coastal Strategy, for "2018;" substitute "2018.".

Part 12—Amendment of Meat Industry Act 1993

196Definitions

(1)In section 3(1) of the Meat Industry Act 1993—

(a)insert the following definitions—

"field depot means a game processing facility used in the wild to store game meat temporarily under refrigeration before its transport to another game processing facility;

game meat means meat that comes from game;

harvest vehicle means a game processing facility used in the wild to transport game meat to another game processing facility;

poultry meat means meat that comes from poultry;";

(b)in the definition of chief veterinary officer, for "Environment and Primary Industries" substitute "Jobs, Precincts and Regions";

(c)for the definition of farm substitute—

"farm means land that is used for the primary production of animals;";

(d)in the definition of Secretary, for "Environment and Primary Industries" substitute "Jobs, Precincts and Regions". 

(2)Section 3(1A) of the Meat Industry Act 1993 is repealed.

197Act not to apply in certain cases

(1)In section 5(1) of the Meat Industry Act 1993—

(a)paragraph (a)(iv) is repealed;

(b)in paragraph (b)(iv), for "and" substitute "or";

(c)in paragraph (c), for "being." substitute "being; or";

(d)after paragraph (c) insert—

"(d)the sale of meat from a consumable animal if—

(i)the sale is either—

(A)a retail sale; or

(B)a sale by wholesale by a person or body, being a person or body engaged in retail sale of that type of meat, to another person or body for the purpose of retail sale by that other person or body; and

(ii)the meat has been processed, packaged for retail sale in Australia and labelled at one or more—

(A)licensed meat processing facilities; or

(B)places licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and

(iii)the meat is contained inside impermeable and hermetically sealed packaging; and

(iv)the meat—

(A)in the case of a retail sale, has not been repackaged; or

(B)in the case of a sale by wholesale, is not intended to be repackaged before retail sale; or

(e)the handling, storage or transport of meat from a consumable animal if—

(i)the handling, storage or transport is incidental to—

(A)retail sale of the meat; or

(B)wholesale of the meat by a person or body, being a person or body engaged in retail sale of that type of meat, to another person or body for the purpose of retail sale by that other person or body; and

(ii)the meat has been processed, packaged for retail sale in Australia and labelled at one or more—

(A)licensed meat processing facilities; or

(B)places licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and

(iii)the meat is contained inside impermeable and hermetically sealed packaging; and

(iv)the meat has not been, and is not intended to be, repackaged before retail sale.".

(2)In section 5(2) of the Meat Industry Act 1993, after "this Act" (wherever occurring) insert "or the regulations".

198Testing for chemicals and disease

In section 30(6) of the Meat Industry Act 1993, for "Environment and Primary Industries" substitute "Jobs, Precincts and Regions".

199Section 34 substituted

For section 34 of the Meat Industry Act 1993 substitute—

"34   Ban on sale of certain meat for human consumption

(1)A person must not sell or dispose of meat (other than poultry meat, game meat or meat to which an exemption Order under section 35 applies) for human consumption unless—

(a)the meat is from—

(i)a consumable animal (other than a consumable animal prescribed for the purposes of section 35(7)) slaughtered at a meat processing facility licensed for that purpose; or

(ii)a consumable animal slaughtered at a place licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and

(b)the meat has been processed at—

(i)a meat processing facility licensed for that purpose; or

(ii)a place licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and

(c)the meat has been—

(i)inspected and branded in accordance with this Act and the regulations; or

(ii)certified as fit for human consumption in accordance with the laws of another State or a Territory.

Penalty:First offence 100 penalty units.

Subsequent offence 500 penalty units or imprisonment for 24 months or both.

(2)A person must not sell or dispose of poultry meat for human consumption unless—

(a)the poultry has been slaughtered at—

(i)a meat processing facility licensed for that purpose; or

(ii)a place licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and

(b)the meat has been processed at—

(i)a meat processing facility licensed for that purpose; or

(ii)a place licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and

(c)if brought into Victoria after slaughter or processing, the meat has been certified as fit for human consumption in accordance with the laws of another State or a Territory.

Penalty:First offence 100 penalty units.

Subsequent offence 500 penalty units or imprisonment for 24 months or both.

(3)A person must not sell game meat for human consumption unless—

(a)the meat has been processed at—

(i)a meat processing facility licensed for that purpose; or

(ii)a place licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and

(b)if brought into Victoria after processing, the meat has been certified as fit for human consumption in accordance with the laws of another State or a Territory.

Penalty:First offence 100 penalty units.

Subsequent offence 500 penalty units or imprisonment for 24 months or both.

(4)A person must not dispose of game meat for human consumption unless—

(a)the meat has been processed at—

(i)a meat processing facility licensed for that purpose; or

(ii)a meat processing facility that solely processes game not intended for sale; or

(iii)a place licensed or authorised for that purpose in accordance with the laws of another State or a Territory; and

(b)if brought into Victoria after processing (other than from a place that solely processes game not intended for sale), the meat has been certified as fit for human consumption in accordance with the laws of another State or a Territory.

Penalty:First offence 100 penalty units.

Subsequent offence 500 penalty units or imprisonment for 24 months or both. ".

200Ban on sale or slaughter

(1)In the penalty at the foot of section 35(6) of the Meat Industry Act 1993, for "Second or subsequent" substitute "Subsequent".

(2)In section 35(7) of the Meat Industry Act 1993 omit "meat from".

201Ban on sale of certain meat at butcher shops

In section 37A(3)(b) of the Meat Industry Act 1993, for "Australian Quarantine and Inspection Service of the Department of Agriculture, Fisheries and Forestry" substitute "Department of Agriculture, Water and the Environment".

202New section 37B inserted

After section 37A of the Meat Industry Act 1993 insert—

"37B   Ban on sale of certain meat for consumption as pet food

(1)A person must not, for consumption as pet food, sell or dispose of meat processed in Victoria unless—

(a)the meat has been inspected in accordance with this Act and the regulations; and

(b)any procedures that the regulations require to be complied with before the meat can be sold or disposed of have been complied with.

Penalty:First offence 50 penalty units.

Subsequent offence 100 penalty units or 12 months imprisonment or both.

(2)Subsection (1) does not apply to a person who, for consumption as pet food, disposes of game meat processed at a meat processing facility that solely processes game meat not intended for sale.

(3)A person must not, for consumption as pet food, sell or dispose of meat that has been brought into Victoria unless the meat has been certified as fit for consumption as pet food in accordance with the laws of another State or a Territory.

Penalty:First offence 50 penalty units.

Subsequent offence 100 penalty units or imprisonment for 12 months or both.

(4)Subsection (3) does not apply to a person who, for consumption as pet food, disposes of game meat processed outside Victoria at a place that solely processes game meat not intended for sale.".

203Slaughter at unlicensed premises

In section 38(1)(a) of the Meat Industry Act 1993 omit "other than game".

204Branding

(1)For section 39(1)(a) of the Meat Industry Act 1993 substitute—

"(a)the meat is a carcass or comes from a carcass—

(i)branded in accordance with the regulations as fit for human consumption; or

(ii)certified as fit for human consumption in accordance with the laws of another State or a Territory; or".

(2)After section 39(1) of the Meat Industry Act 1993 insert—

"(1A)Subsection (1) does not apply to game meat or poultry meat.

(1B)A person must not remove game meat from a game processing facility, other than a field depot or a harvest vehicle, unless—

(a)the meat is branded in accordance with the regulations as fit for human consumption; or

(b)the meat is certified as fit for human consumption in accordance with the laws of another State or a Territory; or

(c)the meat has, in accordance with the requirements of the regulations, been made unusable for human consumption.

Penalty:First offence 50 penalty units.

Subsequent offence 100 penalty units or 12 months imprisonment or both.".

205Terms and conditions of staff

Section 55(4) of the Meat Industry Act 1993 is repealed.

206Consequential amendment of Food Act 1984

(1)In the heading to section 39C of the Food Act 1984, for "34(1)" substitute "34".

(2)In section 39C of the Food Act 1984, for "34(1)" substitute "34".

Part 13—Repeal of this Act

207Repeal of this Act

This Act is repealed on 5 April 2024.

Note

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

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 6 April 2022

Legislative Council: 12 May 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Catchment and Land Protection Act 1994, the Dairy Act 2000, the Drugs, Poisons and Controlled Substances Act 1981, the Farm Debt Mediation Act 2011, the Livestock Disease Control Act 1994, the Plant Biosecurity Act 2010, the Rural Assistance Schemes Act 2016, the Veterinary Practice Act 1997, the Wildlife Act1975 and the Meat Industry Act 1993 and for other purposes."