Animal Diseases Legislation Amendment (Civil Liability) Act 2004 (NSW)

An Act to amend the Exotic Diseases of Animals Act 1991 and the Stock Diseases Act 1923 to provide protection from civil liability for the disclosure of information in accordance with those Acts; and for other purposes.

1Name of Act

This Act is the Animal Diseases Legislation Amendment (Civil Liability) Act 2004.

2Commencement

This Act commences on the date of assent to this Act.

3Amendment of Exotic Diseases of Animals Act 1991 No 73

The Exotic Diseases of Animals Act 1991 is amended as set out in Schedule 1.

4Amendment of Stock Diseases Act 1923 No 34

The Stock Diseases Act 1923 is amended as set out in Schedule 2.

Schedule 1Amendment of Exotic Diseases of Animals Act 1991

(Section 3)

Insert after section 75:

75AExclusion of personal liability for information required to be provided under this Act(1)

If a person is required under this Act to provide any information, the provision of that information by the person does not subject the person personally to any action, liability, claim or demand.

(2)

Without limiting subsection (1), a person is required to provide information under this Act if:

• (a)

  the person is required to answer a question put to the person under this Act, or

• (b)

  the person is required to give a notice or other document under this Act, or

• (c)

  the person is required to produce a record or other document under this Act.

(3)

Nothing in this section affects the criminal liability of any person under this Act or any other Act or law.

(4)

This section extends to any information that a person was required to provide under this Act that was provided before the commencement of this section, but does not extend to proceedings in respect of the provision of such information that were brought before that commencement.

Schedule 2Amendment of Stock Diseases Act 1923

(Section 4)

[1]Section 9A Protection from liability for notification of diseases

Omit the section.

[2]Section 22B

Insert after section 22A:

22BExclusion of personal liability for information required to be provided under this Act(1)

If a person is required under this Act to provide any information, the provision of that information by the person does not subject the person personally to any action, liability, claim or demand.

(2)

Without limiting subsection (1), a person is required to provide information under this Act if:

• (a)

  the person is required to answer a question put to the person under this Act, or

• (b)

  the person is required to give a notice or other document under this Act, or

• (c)

  the person is required to produce a record or other document under this Act.

(3)

Nothing in this section affects the criminal liability of any person under this Act or any other Act or law.

(4)

This section extends to any information that a person was required to provide under this Act that was provided before the commencement of this section, but does not extend to proceedings in respect of the provision of such information that were brought before that commencement.