Artificial Breeding of Stock Act Amendment Act 1976 (WA)
WESTERN AUSTRALIA.
ARTIFICIAL BREEDING
OF STOCK.
No. 85 of 1976.
AN ACT to amend the Artificial Breeding of Stock
Act, 1965.
[Assented to 21st October, 1976.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
Short title
| 1. (1) This Act may be cited as the Artificial | and |
| Breeding of Stock Act Amendment Act, 1976. | citation. |
| Act No. 90 of | |
| (2) In this Act the Artificial Breeding of Stock Act, 1965, is referred to as the principal Act. | 1965 as affected by |
| Act No. 113 of 1965 and approved | |
| (3) The principal Act as amended by this Act may be cited as the Artificial Breeding of Stock Act, | for reprint 16th July, |
| 1970. | |
| 1965-1976. |
| No. 85.] | Artificial Breeding of Stock. | [1976. |
Commence-
| ment. | 2. This Act shall come into operation on a date |
to be fixed by proclamation.
Section 4
| amended. | 3. Section 4 of the principal Act is amended |
| (a) | by inserting in their respective appropriate alphabetical sequence the following new definitions |
"artificial insemination" includes
| (a) | the processes connected with the collection, dilution, examination, chilling, freez- ing, storing, distribution, sale and use of semen and any other process connected with the handling of semen during the period commencing with the process of collection from a sire and ending with its deposition in a female of the relevant species of stock; and |
| (b) | the performance of the operation of artificially inseminating stock; |
"authorised inseminator" means a person who holds a certificate of competency as such granted under this Act;
"cattle" means a bull, cow, ox, steer,
heifer or calf of the bovine genus;
"custom collector of semen" means a person who holds a certificate of competency as such granted under this Act;
"herdsman-inseminator" means a person who holds a certificate of competency as such granted under this Act;
"owner" means a person who has the sole property, right, title or interest in, or in the use for breeding purposes of, the sire or dam but may, where the context so permits, be construed
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as including a body of not more than four persons who together, whether jointly or severally, hold between them exclusively any such property, right, title or interest;
| (b) | by deleting the definition of the term "artificial breeding" and substituting a new definition as follows |
"artificial breeding" includes
(a) artificial insemination; and
| (b) | the performance of any of the operations or processes involved in the removal of an ovum from a female animal and its implanting in another female animal of a prescribed species of stock, whether by way of an intermediate carrier or otherwise; ; |
| (c) | as to the definition of "inspector", by deleting the passage "Act, 1895" and substituting the passage "(Regulations) Act, 1968"; and |
| (d) | as to the definition of "stock", by deleting the word "oxen" and substituting the word "cattle". |
Section 5
| 4. Section 5 of the principal Act is repealed and | substituted. |
a new section substituted as follows-
| 5. (1) Nothing in this Act limits or affects | Artificial |
| insemina- |
| the right of an owner to perform with respect | tion. |
| to his own stock the operation of artificial insemination |
| (a) | with semen obtained from his own stock; or |
| (b) | with semen obtained from licensed premises in compliance with the requirements of this Act, |
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or to carry out for the purposes of such artificial insemination any necessary related process on his premises.
(2) Nothing in this Act shall be construed as rendering unlawful the carrying out by a veterinary surgeon of any process or operation in relation to the artificial insemination of stock, and any such person-
| (a) | does not require a certificate of competency under this Act, but is required to furnish returns and information as though he was the holder of a certificate of competency relevant to the circumstances; and |
| (b) | is required to comply with the provisions of this Act as to the use of premises. |
(3) A herdsman-inseminator may lawfully inseminate stock in the ownership of the person by whom he is employed as a herdsman using semen obtained from other stock in the same ownership or from licensed premises in compliance with the requirements of this Act.
(4) An authorised inseminator acting within the authority conferred by his certificate of competency and the regulations may lawfully inseminate stock using semen obtained from other stock in the same ownership or from licensed premises in compliance with the requirements of this Act.
(5) A custom collector of semen may lawfully collect semen from a sire for or on behalf of the owner of the sire, but shall not supply or permit the supply of the semen collected by him otherwise than to the owner of that sire.
(6) Except in so far as that process or
operation is authorised by this section, a person
who carries out any of the processes or
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operations referred to in the interpretation of the term "artificial insemination" in section four of this Act commits an offence against this Act. .
| 5. The principal Act is amended by adding a new section, to stand as section 5A, as follows- | added. |
| Section 5A | |
| Ovum |
| 5A. (1) Nothing in this Act shall be | transplants. |
construed as rendering unlawful the carrying out by a veterinary surgeon of any process or operation in relation to the artificial breeding of stock by way of ovum transplant, but any such person shall furnish such returns and information as may be prescribed and is required to comply with the provisions of this Act as to the use of premises.
(2) Notwithstanding the provisions of sub- section (2) of section twenty-five of the Veter- inary Surgeons Act, 1960, a person, other than a veterinary surgeon, who carries out any operation relating to the artificial breeding of stock by way of ovum transplant commits an offence against this Act. .
Section 5B
| 6. The principal Act is amended by adding a new section, to stand as section 5B, as follows- | added. |
| Licensing |
| 5B. (1) Subject to the provisions of subsec- tion (1) of section five of this Act, a person | of |
| premises. | |
| who uses any premises, other than premises licensed for the purpose under this Act in relation to the relevant species, for the purpose of collecting, diluting, examining, chilling, freezing, processing, or storing the semen of any species of stock, commits an offence against this Act. | |
| (2) A person who uses any premises licensed under this Act for artificial insemination purposes otherwise than in accordance with the licence relating thereto commits an offence against this Act. |
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(3) A veterinary surgeon who, for the purposes of the removal of an ovum from any female animal of a prescribed species of stock or for the implanting in any female animal of a prescribed species of stock of an ovum obtained from another animal
| (a) | uses any premises other than premises licensed for the purpose under this Act in relation to the relevant species; or |
| (b) | uses any such premises otherwise than in accordance with the licence relating thereto, |
commits an offence against this Act unless the operation is performed on that owner's premises on behalf of a person who is the owner of both the donor and the recipient animal.
Penalty: Five hundred dollars. .
Section 6
| amended. | 7. Section 6 of the principal Act is amended |
| (a) | as to subsection (1), by inserting after the word "licence", in line one, the words "authorising premises to be used for the purposes of the artificial breeding of stock"; |
| (b) | by deleting subsection (3), subsection (5) and subsection (6); |
| (c) | by inserting a new subsection (3), as follows |
(3) A licence
| (a) | authorises the processes and operations in relation to the artificial breeding of stock referred to therein; |
| (b) | may be issued in relation to the premises referred to therein to the persons referred to therein; and |
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| (c) | relates to the species of stock referred to therein, |
but does not confer any general authority as to the artificial breeding of stock. ;
| (d) | as to subsection (4), by deleting paragraph (a) and paragraph (b) and substituting two new paragraphs as follows | |||
| ||||
| (e) | by adding three new subsections as follows |
(5) The grant, renewal, variation or transfer of a licence may be made subject to the payment of a prescribed fee.
(6) In determining whether or not a licence to use premises for artificial breeding purposes shall be granted or transferred under this Act and the con- ditions which shall be imposed in relation to any such licence, the Minister shall have regard to the need to protect the owners of stock using artificial breeding methods by ensuring that the semen or ova to be utilised are obtained from stock that meet criteria approved by the Minister on the recommendation of the Chief Veterinary Surgeon not only as to freedom from disease but also in relation to production standards and freedom from inherited defects.
(7) For the purposes of this Act a licence may be made subject to such conditions, restrictions or limitations as may be prescribed or imposed by the Minister. .
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Section 7
| amended. | 8. Section 7 of the principal Act is amended by inserting after the word "renewal", in line one, the passage ", variation,". |
Section
amended. 9. Section 8 of the principal Act is amended by
deleting paragraph (b) of subsection (1) and
substituting a new paragraph as follows
| (b) | the licence be varied as the Court thinks fit, . |
Section 9
| substituted. | 10. Section 9 of the principal Act is repealed and |
a new section substituted as follows
Prohibition
| of | 9. (1) The Minister may, by notice in the |
| importation. |
Gazette, from time to time prohibit, either
absolutely or conditionally, the introduction into or use within the State of ova or semen obtained from any specified stock or stock of a specified species where he has reason to believe that the introduction or use of that ova or semen would adversely affect the breeding of stock in the State, whether by rea- son of inherited defects, disease, production standards or otherwise.
(2) A notice published under this section may be varied or revoked by a subsequent notice so made and published.
(3) A person who contravenes or fails to comply with the provisions of a notice published under this section commits an offence against this Act.
Penalty: Two thousand dollars. .
Section 10
| substituted. | 11. Section 10 of the principal Act is repealed |
and a new section substituted as follows-
Certificates
| of | 10. (1) The Chief Veterinary Surgeon shall |
| competency. | have the power to grant certificates of competency of the following classes |
(a) herdsman-inseminator;
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(b) authorised inseminator;
(c) custom collector of semen; or
(d) any other prescribed class.
(2)
The extent of the authority conferred by any certificate shall be as prescribed.
(3) On an applicant successfully completing a prescribed course of instruction or otherwise satisfying the Chief Veterinary Surgeon that he possesses the requisite knowledge and experience, and paying the prescribed fee, the Chief Veterinary Surgeon shall grant to that person a certificate of competency of the appropriate class.
(4) Where it appears to the Chief Veterinary Surgeon that a person who is the holder of a certificate of competency under this Act
| (a) | obtained that status by fraud or misrepresentation; or |
| (b) | is guilty of an offence against this Act or of misconduct in relation to artificial breeding procedures, |
the Chief Veterinary Surgeon, after affording to that person an opportunity of giving an explanation, may revoke that certificate by
notice in the Gazette. .
Section 11
| 12. Section 11 of the Principal Act is amended | amended. |
| (a) | by inserting after the word "semen", in line six and again in line eight of paragraph (a) of subsection (1); line five, line nine, and line eleven of paragraph (b); line four, line five and line seven of paragraph (c); line one and line two of paragraph (d); and line three, in each place where it appears, of paragraph (e), the words "or ova"; |
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| (b) | by deleting paragraph (f) of subsection (1) and substituting a new paragraph as follows |
(f) require any person who he has reason to believe is the holder of a licence or certificate of competency under this Act to produce for inspection that licence or certificate. ;
| (c) | by deleting the words "the collection of semen for sale", in lines seven and eight of subsection (2), and substituting the words "artificial breeding"; and |
| (d) | by adding two new subsections as follows |
(4) Any inspector or veterinary surgeon employed in the State Depart- ment of Agriculture may
| (a) | require the owner of any stock. in which an ovum has been artificially implanted to furnish. to the Chief Veterinary Surgeon such information as to the operation or resulting progeny as may be reasonably required for the purpose of assessing the success or otherwise of the implant and the characteristics of the progeny; |
| (b) | require a veterinary surgeon, any holder of a certificate of competency granted under this Act, or a person who has utilised semen obtained from licensed premises to furnish such returns and information as to the use of semen as may from time to time be so required. |
(5) A person who fails to comply with
a requirement made pursuant to subsec-
tion (4) of this section within such
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reasonable time as may be specified by the inspector or veterinary surgeon seeking the information commits an offence against this Act. .
| 13. Section 12 of the principal Act is amended— Section 12 | amended. |
| (a) | by inserting after the section designation "12." the subsection designation "(1)" and a new subsection as follows |
(1) A person who contravenes or fails to comply with any condition, restriction, or limitation prescribed or imposed in relation to a licence or a certificate of competency granted under this Act commits an offence against this Act, and the provisions of section eleven of The Criminal Code shall not apply thereto notwithstanding that such condition, restriction or limitation is subsequently varied. ;
| (b) | by re-designating the existing provision as subsection (2) of the section; and |
| (c) | by deleting the words "one hundred dollars", in line five, and substituting the words "two hundred dollars". |
| 14. The principal Act is amended by adding a | Section I2A |
| added. |
new section, to stand as section 12A, as follows-
Ministerial
| 12A. In the exercise of his functions under this Act the Chief Veterinary Surgeon shall give effect to any direction that may be given to him by the Minister. . | direction. |
| Section 13 |
| 15. Subsection (1) of section 13 of the principal | amended. |
Act is amended
| (a) | as to paragraph (a), by deleting the words "of licences", and substituting the words "applicable to licences and certificates of competency"; |
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| (b) | as to paragraph (b), by deleting the passage "licences,", and substituting the passage "licences and certificates, and the"; |
| (c) | as to paragraph (c), by inserting after the word "licences" the words "or certificates"; |
| (d) | as to paragraph (i), by deleting the word "licensees", in line one, and substituting the word "persons"; and |
| (e) | as to paragraph (j), by deleting the words "by licensees", in line two. |
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