Biosecurity Legislation Amendment (Incident Response) Act 2024 (Vic)
Biosecurity Legislation Amendment (Incident Response) Act 2024
No. 1 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Livestock Disease Control Act 1994
Division 1—Information sharing
3Section 107B substituted and sections 107BA to 107BD inserted
4Secrecy
Division 2—Compensation
5Definitions
6Section 62 substituted
7Amount of compensation
8Section 64 substituted
9New section 64A inserted
10Review by Victorian Civil and Administrative Tribunal
11New sections 65A to 65E inserted
12New section 151 inserted
Division 3—New offences relating to possession of livestock
13New section 9AB inserted
Division 4—Police officers as inspectors
14Definitions
15Inspectors
16New section 108A inserted
Division 5—Powers of inspectors
17General powers of inspectors
18New section 109A inserted
19Search and entry and other powers
20Section 121 repealed
Division 6—Offences relating to quarantine areas
21Quarantine areas
Division 7—Amendments relating to orders, notices and declarations
22Notice of order declaring area or vehicle infected
23Entry and exit points
24Declaration of restricted area
25Entry to and exit from restricted areas
26Control area
27Minister may declare that offences apply to certain materials specified in section 41(2) and (3)
Division 8—Increased penalties and matters relating to infringement notices
28Notification of diseases
29Requirements for vendor declarations when livestock moved
30Identification of livestock
31Permanent identification of livestock
32Property identification codes
33Offence to use property identification code no longer in force
34Requirements for manufacturers of tags and devices
35Entry of livestock etc.
36Offences
37Permit for entry or exit
38Entry and exit points
39Permits for activity in restricted area
40Entry to and exit from restricted areas
41Permit for activity in a control area
42Contravention of importation order
43Possession or administration of exotic disease agents
44Exposure of bees to infected articles etc.
45Offence
46Offence
47Treatment notice
48Identification notice
49Notice requesting assistance
50Power to serve a notice
51Penalties to be paid for offences under infringement notices
52Regulations
Division 9—Miscellaneous amendments
53Definitions
54Delegations by Minister
55Time for charging certain offences under this Act
56Section 133 substituted
57New section 107E inserted
58Section 121A repealed
59Statute law revision amendments
Part 3—Amendment of Plant Biosecurity Act 2010
Division 1—Control areas and restricted areas
60Declaration of control areas
61Section 21 amended
62New section 21A inserted
63Destruction or disposal of plants etc. at direction of Minister
64Return, treatment or disposal of plants etc. at direction of inspector
65Declaration of restricted area
66Movement in restricted area
67Section 34 amended
68New section 34A inserted
Division 2—Increased penalties and matters relating to infringement notices
69Notification of plant pests or diseases
70Infested land notice
71Disposal of plant refuse etc.
72Declaration of infected place
73Movement in restricted area
74Contravention of importation order
75Possession or administration of exotic disease agents
76Compliance agreements
77Enforcement of undertakings
78Offences about certification
79False statements in certificates and declarations
80Alterations to certificates and declarations
Division 3—Miscellaneous amendments
81Definitions
82Ministerial orders
83Notice of order declaring infected place
84Declaration of restricted area
85Delegations by Minister
86Delegations by Secretary
87Inspector's identification certificates
88Identification of inspection agents of approved inspection services
89Section 126 substituted
Part 4—Amendment of Livestock Management Act 2010
90Definitions
91Inspector's identification certificate
92New section 28A inserted
93Section 30 amended
94Section 30A repealed
95Inspector may use assistants
96Offence to contravene a prescribed biosecurity measure
97Offence to damage or deface a sign
98Penalties to be paid for offences under infringement notices
99Power to file charges under this Act
Part 5—Repeal of this Act
100Repeal of this Act
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Endnotes
1 General information
Biosecurity Legislation Amendment (Incident Response) Act 2024
No. 1 of 2024
[Assented to 13 February 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Livestock Disease Control Act 1994—
(i)to provide further for the sharing of certain information related to emergencies with governments and agencies of the State, the Commonwealth and other States and Territories; and
(ii)to clarify the applicability of control area and restricted area provisions and to streamline public notification procedures; and
(iii)to provide further in relation to compensation for losses caused by an exotic disease outbreak; and
(iv)to strengthen enforcement and inspection powers, including providing that police officers are inspectors under that Act; and
(v)to provide for additional offences relating to the permanent identification of livestock; and
(vi)to increase penalties for offences; and
(vii)to make other miscellaneous and consequential amendments; and
(b)to amend the Plant Biosecurity Act 2010—
(i)in relation to control areas and restricted areas; and
(ii)to increase penalties for offences; and
(iii)to make other miscellaneous and consequential amendments; and
(c)to amend the Livestock Management Act 2010—
(i)to provide that police officers are inspectors under that Act; and
(ii)to increase penalties for offences; and
(iii)to make other miscellaneous and consequential amendments.
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 1 October 2024, it comes into operation on that day.
PART 2—AMENDMENT OF LIVESTOCK DISEASE CONTROL ACT 1994
Division 1—Information sharing
3Section 107B substituted and sections 107BA to 107BD inserted
For section 107B of the Livestock Disease Control Act 1994 substitute—
"107B Record-keeping by the Secretary
The Secretary must keep the following records and information—
(a)notifications given to an inspector under section 7;
(b)information made available to the Secretary by a Council under section 107E;
(c)records required by the regulations in connection with the movement of livestock;
(d)records in connection with the tagging of livestock under section 9A;
(e)applications for property identification codes under section 9B and the codes allocated under that section;
(f)agreements entered into by the Secretary under section 17;
(g)contracts entered into by the Secretary under section 18;
(h)applications for registration under section 48;
(i)applications for compensation under Part 5;
(j)records made or information collected by an inspector in connection with the performance of a function or exercise of a power under Division 2 or 3 of Part 8;
(k)records of notification under sections 11 and 12 of the Stock Diseases Act 1968 in the possession or under the control of the Secretary immediately before the repeal of that Act;
(l)records in the possession or under the control of the Secretary under the Bees Act 1971 immediately before the repeal of that Act.
107BAAvailability of records and information kept under section 107B—purposes other than emergency preparation or response
(1)Records and information kept by the Secretary under section 107B may be made available to a relevant person in the following circumstances—
(a)if the Secretary is satisfied that making the records available—
(i)is in the public interest; or
(ii)will assist the relevant person to protect domestic or export markets for livestock or livestock products;
(b)if making the record available is for the purpose of—
(i)reuniting livestock with its owner; or
(ii)the administration or enforcement of this Act or any other Act, or an Act of another State, a Territory or the Commonwealth, or regulations under any such Act; or
(iii)assisting the relevant person to perform a function or exercise a power under this Act or any other Act, or an Act of another State, a Territory or the Commonwealth, or regulations under any such Act; or
(iv)a legal proceeding under this Act or any other Act, or an Act of another State, a Territory or the Commonwealth, or regulations under any such Act; or
(v)a report of a legal proceeding referred to in subparagraph (iv); or
(vi)protecting the safety of any person to whom the record relates or protecting public safety; or
(vii)research or analysis work, including surveys, relating to livestock disease or the objectives of this Act.
(2)Records and information kept by the Secretary under section 107B may be made available to any person in the following circumstances—
(a)if the record or information does not identify any person—on the written application of the person;
(b)if the record or information does identify a person—with the consent of the person identified.
(3)In this section—
relevant person means—
(a)a prescribed person or a person belonging to a prescribed class of person; or
(b)a person with whom the Secretary has entered into an agreement for the purposes of this section; or
(c)an authorised officer within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 or the Wildlife Act 1975; or
(d)an authorized officer within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; or
(e)a meat inspector within the meaning of the Stock (Seller Liability and Declarations) Act 1993; or
(f)an emergency services agency as defined in section 4(1) of the Emergency Management Act 1986; or
(g)a person who is employed under Part 3 of the Public Administration Act 2004 and is—
(i)approved as a general inspector under section 18(1) of the Prevention of Cruelty to Animals Act 1986; or
(ii)appointed as a specialist inspector under section 18A(1) of the Prevention of Cruelty to Animals Act 1986; or
(h)a water corporation within the meaning of the Water Act 1989; or
(i)a person employed or engaged in the administration of—
(i)this Act or the regulations; or
(ii)the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Stock (Seller Liability and Declarations) Act 1993 or regulations made under those Acts; or
(iii)any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act.
107BBAvailability of records and information kept under section 107B—disease prevention and emergency planning
(1)Records and information kept by the Secretary under section 107B (whether or not the record or information identifies any person, body, property, animal or premises) may be made available to a relevant person in the following circumstances—
(a)if the Secretary is satisfied that making the record or information available will assist to prevent, monitor or control the spread of a disease;
(b)if making the record or information available is for the purpose of carrying out emergency planning, preparation, response or recovery.
(2)In this section—
relevant person has the same meaning as in section 107BA.
107BCConditions and fees
The Secretary may—
(a)place any condition on the use or disclosure of any records or information made available under section 107BA or 107BB; and
(b)charge a fee fixed by the Secretary by notice published in the Government Gazette for access to, or copies or extracts from, any records kept under section 107B.
107BDAvailability of emergency-related records and information
(1)Subject to this section, a permitted person may apply to the Secretary for
emergency-related records or information to be disclosed to the person for the purpose of planning or preparing for, responding to, or recovering from, an emergency.
(2)A request for emergency-related records or information must—
(a)be made in writing; and
(b)specify the purpose of the request; and
(c)describe the emergency-related records or information being requested.
(3)The Secretary, or a delegate of the Secretary who is an executive within the meaning of the Public Administration Act 2004, may authorise a person employed or engaged in the administration of this Act to disclose to the permitted person the whole or any part of the emergency-related records or information specified in the request that the Secretary or delegate is satisfied is reasonably required by the permitted person for the purposes of planning or preparing for, responding to, or recovering from, an emergency.
(4)A person authorised by the Secretary or delegate under subsection (3) must not disclose to the permitted person any emergency-related records or information that are beyond the scope of the authorisation.
(5)In this section—
emergency-related records or information means records kept by or information known to the Secretary, including any record or information that includes personal information within the meaning of the Privacy and Data Protection Act 2014, that is created or acquired in connection with the Secretary's planning or preparing for, responding to, or recovering from, an emergency;
permitted person means—
(a)a person employed or engaged in the administration of—
(i)this Act or the regulations; or
(ii)the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Stock (Seller Liability and Declarations) Act 1993 or the regulations made under those Acts; or
(iii)any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act; or
(b)a person with whom the Secretary has entered into an agreement for the purposes of this section.
Example
A laboratory performing testing for or on behalf of the Commonwealth, a State or a Territory.".
4Secrecy
In section 107C(1) and (2) (wherever occurring) of the Livestock Disease Control Act 1994, for "information" substitute "records or information".
Division 2—Compensation
5Definitions
In section 3(1) of the Livestock Disease Control Act 1994, for the definition of market value substitute—
"market value, in relation to livestock, means the value of the livestock calculated as on a sale on the place where the livestock is when it is destroyed or dies or is ordered to be destroyed;".
6Section 62 substituted
For section 62 of the Livestock Disease Control Act 1994 substitute—
"62 Payment of compensation
Compensation is payable to an owner if the Minister is reasonably satisfied that the owner has had—
(a)any domestic livestock, premises, livestock product, fodder, fittings or vehicle destroyed under this Act for the purpose of controlling, eradicating or preventing the spread of an exotic disease; or
(b)any domestic livestock certified by an inspector as having died of an exotic disease.".
7Amount of compensation
(1)In section 63(1) of the Livestock Disease Control Act 1994, for "The amount" substitute "Subject to section 64, the amount".
(2)For section 63(2) of the Livestock Disease Control Act 1994 substitute—
"(2)Subject to section 64, the amount of compensation payable to an owner of livestock that died or was destroyed as a result of an exotic disease is the market value of the livestock at whichever is the earlier of the following times at which—
(a)the owner consulted a veterinary practitioner about the diseased livestock;
(b)the owner notified an inspector of the exotic disease under section 7;
(c)restrictions on the movement of the livestock were imposed under Part 3;
(d)the Secretary was notified that the livestock was affected by or died of the exotic disease.".
8Section 64 substituted
For section 64 of the Livestock Disease Control Act 1994 substitute—
"64 Reduction in compensation payable under section 63
(1)The Minister may decide that the whole of the compensation otherwise payable under section 63 be reduced or not be paid, in respect of a claim lodged by the owner of any livestock, premises, livestock product, fodder, fittings or vehicle that has been destroyed, or any livestock that have died, as a result of an outbreak of an exotic disease.
(2)In making a decision under subsection (1), the Minister must take into account the following factors—
(a)whether the owner, or any person acting at the direction or on the authority or on behalf of the owner, has contravened this Act or any regulations made under this Act or any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act, which has caused or contributed to—
(i)the spread of the exotic disease; or
(ii)the destruction or death of any domestic livestock in respect of which the claim is lodged; or
(iii)the destruction of any premises, livestock product, fodder, fittings or vehicle in respect of which the claim is lodged;
(b)whether the owner, or any person acting at the direction or on the authority or on behalf of the owner, has intentionally, recklessly or negligently caused or contributed to any of the matters referred to in paragraph (a)(i) to (iii);
(c)whether the owner is indemnified under a contract of insurance for the losses referred to in the claim for compensation under this Division;
(d)whether the affected livestock, livestock product, fodder, fittings or vehicle or any livestock infected with the exotic disease were kept at a premises before their death or destruction in contravention of this Act or any regulations made under this Act;
(e)whether any of the losses in the claim for compensation are false or misleading;
(f)any prescribed factors.
(3)If the Minister makes a decision under subsection (1) that the whole of the compensation otherwise payable under section 63 be reduced or not be paid to an owner in respect of a claim, the Minister must serve a written notice of that decision on the owner that includes—
(a)that the whole of the compensation payable under section 63 in respect of the claim will be reduced or not be paid (as the case requires) and the amount (if any) of the compensation that will be paid; and
(b)the reasons for the decision to reduce the whole of the compensation or to not pay it; and
(c)that the owner has a right to apply under section 65 to VCAT for a review of the decision.".
9New section 64A inserted
After section 64 of the Livestock Disease Control Act 1994 insert—
"64A Payment of further compensation for restocking of livestock
(1)Subject to subsection (5), the Secretary may approve a claim for a further amount of compensation payable for the purchase of livestock to replace livestock that died or were destroyed because of an outbreak of an exotic disease for which compensation under section 63(2) was paid (the replacement livestock).
(2)The maximum amount of compensation that may be paid under this section is the difference between the amount of compensation paid under section 63(2) and the cost of purchasing the replacement livestock, if that cost is greater than the amount paid under section 63(2).
(3)For the purposes of subsection (2), the Secretary may determine that replacement livestock may be livestock that were or will be purchased at either or both of the following times—
(a)at a time during which restrictions on the movement of livestock under Part 3 due to the outbreak of the exotic disease are in force;
(b)at a time after which those restrictions are no longer in force.
(4)In deciding whether to approve a claim under subsection (1) the Secretary must have regard to—
(a)whether the replacement livestock are similar or equivalent to the livestock that died or were destroyed as the result of the outbreak of the exotic disease; and
(b)whether the claimant has provided evidence that the replacement livestock have or will be purchased.
(5)The Secretary may not approve a claim by an owner for further compensation under subsection (1) if—
(a)the Minister has decided under section 64 that all or part of the compensation otherwise payable under section 63 is not payable to the owner for losses incurred as a result of an outbreak of the exotic disease; and
(b)the claim for further compensation is in respect of livestock that died or were destroyed because of that outbreak of exotic disease.".
10Review by Victorian Civil and Administrative Tribunal
In section 65 of the Livestock Disease Control Act 1994—
(a)in subsections (1) and (2)(b), for "direction" substitute "decision";
(b)in subsection (2)(a), for "direction is made" substitute "notice of the decision is served".
11New sections 65A to 65E inserted
After section 65 of the Livestock Disease Control Act 1994 insert—
"65A Minister may decide that compensation be repaid
(1)The Minister may decide that the whole or any part of an amount of compensation paid to an owner be repaid by that owner if—
(a)the Minister considers that the decision to pay the compensation was made in error; or
(b)the Minister considers that the decision to pay the compensation was based on false or misleading information provided by the owner when making the claim for the compensation; or
(c)for any other reason, the Minister decides that the compensation must be repaid.
(2)If the Minister makes a decision for an amount of compensation to be repaid under subsection (1), the Minister must decide on a reasonable day before or on which the amount of compensation is to be repaid (the due date).
(3)If the owner does not pay the whole of the amount of the compensation to be repaid before or on the due date, the owner will be liable to pay interest on the amount of the compensation not repaid.
(4)Interest referred to in subsection (3) will be calculated on a daily basis from the end of the due date until the amount of compensation is repaid in full at the interest rate that applies from time to time under Division 1 of Part 5 of the Taxation Administration Act 1997.
(5)The Minister may enter into an arrangement (which may include provision for the payment of interest) for the payment by instalments of the amount of compensation to be repaid that is outstanding at the time of entering into the arrangement.
(6)The Minister may recover an amount of compensation that has not been repaid by the due date as a debt due to the State and may issue proceedings in a court of competent jurisdiction no later than 5 years after the compensation referred to in subsection (1) was paid to the owner.
(7)In this section—
owner means a person who is paid compensation under this Division.
65BMinister must serve a notice on the owner about compensation to be repaid
On making a decision under section 65A(1), the Minister must serve a written notice on the owner that includes the following information—
(a)the amount of compensation referred to in section 65A(1) that was originally paid to the owner and the date on which that compensation was paid;
(b)the amount of that compensation to be repaid by the owner;
(c)the date before or on which the amount of compensation is to be repaid;
(d)if the amount of compensation to be repaid is not repaid in full before or on the due date, that interest will be calculated on a daily basis from the end of the due date until the amount of compensation is repaid in full;
(e)that the rate of the interest referred to in paragraph (d) will be at the interest rate that applies from time to time under Division 1 of Part 5 of the Taxation Administration Act 1997;
(f)that the Minister may enter into an arrangement with the owner to repay the amount of compensation by way of instalments;
(g)the reasons that formed the basis of the Minister's decision for the amount of compensation to be repaid;
(h)that the owner has 28 days after being served with the notice within which to respond to the Minister setting out the reasons why the owner should not have to repay all or any of the amount of compensation.
65COwner may respond to Minister after receiving a notice to repay compensation under section 65B
An owner, after having been served with a notice under section 65B to repay compensation, may respond to the Minister in writing within 28 days after being served with the notice setting out the reasons why the owner should not have to repay all or any of the amount of compensation.
65DMinister must consider an owner's response to a notice
(1)The Minister must consider a response received from an owner under section 65C.
(2)After considering a response under subsection (1), the Minister may decide—
(a)to confirm the amount of compensation to be repaid by the owner; or
(b)to reduce the amount of compensation to be repaid by the owner; or
(c)to write off the liability of the owner to repay the whole of the amount of compensation.
(3)On making a decision under subsection (2)(a) or (b), the Minister must serve a written notice on the owner that contains all the information required in a notice under section 65B, except the information in paragraphs (g) and (h) of that section.
(4)On making a decision under subsection (2)(c), the Minister must serve a written notice on the owner confirming that the whole of the liability of the owner to repay the amount of compensation has been written off.
(5)An owner may apply to VCAT for review of the decision of the Minister under subsection (2)(a) or (b) to require an amount of compensation be repaid by the owner within 28 days after the later of—
(a)the day on which a notice under subsection (3) is served;
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given.
65EMinister may write off liability of owner to repay compensation
(1)The Minister may at any time write off the whole or part of any outstanding liability of an owner under section 65A, if the Minister is satisfied that any further action to recover the amount of compensation is impracticable or unwarranted.
(2)If the Minister writes off the whole of any outstanding liability of an owner under subsection (1), the Minister must serve a written notice on the owner notifying the owner that the whole of the liability of the owner to pay the amount of compensation has been written off.
(3)If the Minister writes off part of any outstanding liability of an owner under subsection (1), the Minister must serve a written notice on the owner—
(a)notifying the owner that part of the liability of the owner to pay the amount of compensation has been written off; and
(b)containing all the information required in a notice under section 65B, except the information in paragraphs (g) and (h) of that section.".
12New section 151 inserted
After section 150 of the Livestock Disease Control Act 1994 insert—
"151 Transitional provisions—Biosecurity Legislation Amendment (Incident Response) Act 2024
(1)The amendments made to Division 1 of Part 5 by Division 2 of Part 2 of the amending Act do not apply in respect of any application for compensation under Division 1 of Part 5 received by the Secretary before the commencement of Division 2 of Part 2 of the amending Act.
(2)Section 65A(1) as inserted by section 11 of the amending Act does not apply in respect of an amount of compensation paid to an owner under Division 1 of Part 5 before the commencement of section 11 of the amending Act.
(3)In this section—
amending Act means the Biosecurity Legislation Amendment (Incident Response) Act 2024.".
Division 3—New offences relating to possession of livestock
13New section 9AB inserted
After section 9A of the Livestock Disease Control Act 1994 insert—
"9AB Possession of cattle or livestock if permanent identification has been removed or replaced
(1)A person must not be in possession or control of cattle or livestock that has been tagged, marked, branded or identified in accordance with section 9A(1) if the tag, mark, brand or identification device has been removed.
Penalty:120 penalty units, in the case of a natural person.
360 penalty units, in the case of a body corporate.
(2)A person does not commit an offence against subsection (1) if—
(a)the tag, mark, brand or identification device has been removed in accordance with this Act or the regulations; or
(b)the person has a reasonable excuse for being in possession or control of the cattle or livestock.
(3)A person must not be in possession or control of cattle or livestock that has been tagged, marked, branded or identified in accordance with section 9A(1) if the tag, mark, brand or identification device has been replaced with a different tag, mark, brand or identification device.
Penalty:120 penalty units, in the case of a natural person.
360 penalty units, in the case of a body corporate.
(4)A person does not commit an offence against subsection (3) if—
(a)the tag, mark, brand or identification device has been removed and replaced in accordance with this Act or the regulations; or
(b)the person has a reasonable excuse for being in possession or control of the cattle or livestock.
(5)In this section—
livestock means prescribed livestock or livestock of a prescribed species or class.".
Division 4—Police officers as inspectors
14Definitions
(1)In section 3(1) of the Livestock Disease Control Act 1994, for the definition of inspector substitute—
"inspector means—
(a)an inspector appointed under section 108; and
(b)a police officer;".
(2)In section 3(1) of the Livestock Disease Control Act 1994, the definition of police officer is repealed.
15Inspectors
(1)In section 108(2)(b) of the Livestock Disease Control Act 1994 omit "police officers or".
(2)In section 108(5)(a) of the Livestock Disease Control Act 1994 omit "a police officer or".
16New section 108A inserted
After section 108 of the Livestock Disease Control Act 1994 insert—
"108A Police officers acting in capacity as inspectors
(1)A police officer acting in the capacity of an inspector may perform any function and may exercise any power of an inspector appointed under section 108.
(2)A police officer who is not in uniform and who is in the course of performing a function or exercising a power (other than under a warrant) under this Act, on request, must produce the police officer's identification for inspection when performing that function or exercising that power. ".
Division 5—Powers of inspectors
17General powers of inspectors
(1)After section 109(1)(d) of the Livestock Disease Control Act 1994 insert—
"(da)take and remove a thing, which the inspector reasonably believes—
(i)has been, or may be, used in the identification of any livestock on the land; and
(ii)is connected with a contravention of this Act or the regulations;
Example
An ear tag.".
(2)For section 109(2) of the Livestock Disease Control Act 1994 substitute—
"(2)An inspector may, in performing any function or exercising any power under this Act, make use of any assistants whose help is reasonably required to perform that function or exercise that power.".
18New section 109A inserted
After section 109 of the Livestock Disease Control Act 1994 insert—
"109A Powers of entry with warrant
(1)An inspector may apply to a magistrate for the issue of a search warrant in relation to—
(a)a specified dwelling; or
(b)any other specified land, place, premises or vehicle to which the inspector has been, or is likely to be, refused admission.
(2)A magistrate to whom an application under subsection (1) is made, if satisfied by evidence on oath or by affirmation or affidavit that it is reasonably necessary that the inspector should have access to the dwelling, land, place, premises or vehicle concerned for the purpose of exercising the inspector's powers or performing the inspector's functions under this Act, may issue a search warrant in accordance with the Magistrates' Court Act 1989.
(3)A warrant under this section must specify a date not being later than one month from the date of issue upon which the warrant ceases to have effect.
(4)Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector must announce that the inspector or person assisting is authorised by the warrant to enter the dwelling, land, place, premises or vehicle and give any person at the dwelling, land, place, premises or vehicle an opportunity to allow entry to the dwelling, land, place, premises or vehicle.
(5)The inspector or a person assisting the inspector need not comply with subsection (4) if the inspector or person assisting believes on reasonable grounds that immediate entry is required to ensure—
(a)the safety of any person; or
(b)the effective execution of the search warrant is not frustrated.
(6)If the occupier or another person who apparently represents the occupier is present when a search warrant is being executed, the inspector must—
(a)in the case of a police officer who is not in uniform, produce the police officer's identification for inspection; and
(b)in the case of an inspector who is not a police officer, produce the inspector's identity card for inspection; and
(c)give to that person a copy of the execution copy of the warrant.".
19Search and entry and other powers
(1)After section 116(1)(c) of the Livestock Disease Control Act 1994 insert—
"(ca)direct a person in control of a vehicle to move the vehicle to another place including by a specified route;".
(2)In section 116(1)(i) of the Livestock Disease Control Act 1994, for "vermin." substitute "vermin;".
(3)After section 116(1)(i) of the Livestock Disease Control Act 1994 insert—
"(j)if the inspector believes it to be reasonably necessary, direct a person to take a specified action for the purposes of preventing, eradicating, controlling or monitoring an outbreak of an exotic disease.".
20Section 121 repealed
Section 121 of the Livestock Disease Control Act 1994 is repealed.
Division 6—Offences relating to quarantine areas
21Quarantine areas
(1)For section 11(1) of the Livestock Disease Control Act 1994 substitute—
"(1)A person must not abandon livestock in or allow livestock to stray in or out of a quarantine area.
Penalty:120 penalty units.
(1A)A person must not, without the written authority of an inspector, drive or cause to be driven any livestock into, through or out of a quarantine area.
Penalty:120 penalty units.
(1B)A person must not, without the written authority of an inspector, remove from, or move into, a quarantine area any livestock product, fodder or fittings or any soil, sand or any other material.
Penalty:120 penalty units.
(1C)A person must not, without the written authority of an inspector, move a vehicle into or from a quarantine area, whether or not the vehicle contains livestock.
Penalty:120 penalty units.".
(2)In section 11(2) of the Livestock Disease Control Act 1994, for "subsection (1)" substitute "subsection (1A), (1B) or (1C)".
Division 7—Amendments relating to orders, notices and declarations
22Notice of order declaring area or vehicle infected
For section 23(1)(b) of the Livestock Disease Control Act 1994 substitute—
"(b)if the infected place order relates to an area, notice of the order is published on—
(i)an approved alternative publication Internet site; or
(ii)an Internet site maintained by the Department.".
23Entry and exit points
For section 25(2)(a) of the Livestock Disease Control Act 1994 substitute—
"(a)the notice to be published on—
(i)an approved alternative publication Internet site; or
(ii)an Internet site maintained by the Department; and".
24Declaration of restricted area
(1)In section 26(1) of the Livestock Disease Control Act 1994, after "or area" (where first occurring) insert "(including the whole of Victoria)".
(2)For section 26(3)(b) of the Livestock Disease Control Act 1994 substitute—
"(b)notice of the order is published on—
(i)an approved alternative publication Internet site; or
(ii)an Internet site maintained by the Department.".
25Entry to and exit from restricted areas
For section 28(1) of the Livestock Disease Control Act 1994 substitute—
"(1)The Secretary may by notice in writing prohibit or impose restrictions on movement into or from a restricted area of any livestock, livestock product, fodder, fittings or vehicle.
(1A)A notice under subsection (1) must be published on—
(a)an approved alternative publication Internet site; or
(b)an Internet site maintained by the Department.".
26Control area
(1)In section 29(1)(a) of the Livestock Disease Control Act 1994, after "or area" insert "(including the whole of Victoria)".
(2)For section 29(4)(b) of the Livestock Disease Control Act 1994 substitute—
"(b)notice of the order is published on—
(i)an approved alternative publication Internet site; or
(ii)an Internet site maintained by the Department.".
27Minister may declare that offences apply to certain materials specified in section 41(2) and (3)
For section 41B(3)(b) and (c) of the Livestock Disease Control Act 1994 substitute—
"(b)on an approved alternative publication Internet site or an Internet site maintained by the Department.".
Division 8—Increased penalties and matters relating to infringement notices
28Notification of diseases
In the penalty at the foot of section 7(1) of the Livestock Disease Control Act 1994, for "240 penalty units" substitute "1200 penalty units".
29Requirements for vendor declarations when livestock moved
(1)In the penalty at the foot of section 8A(1) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(2)In the penalty at the foot of section 8A(3) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(3)In the penalty at the foot of section 8A(4) of the Livestock Disease Control Act 1994, for "10 penalty units" substitute "20 penalty units".
(4)In the penalty at the foot of section 8A(5) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(5)In the penalty at the foot of section 8A(6) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(6)In the penalty at the foot of section 8A(7) of the Livestock Disease Control Act 1994, for "10 penalty units" substitute "20 penalty units".
(7)In the penalty at the foot of section 8A(8) of the Livestock Disease Control Act 1994, for "10 penalty units" substitute "20 penalty units".
30Identification of livestock
(1)In the penalty at the foot of section 9(1) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(2)In the penalty at the foot of section 9(2) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(3)In the penalty at the foot of section 9(3) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(4)In the penalty at the foot of section 9(4) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(5)In the penalty at the foot of section 9(5) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(6)In the penalty at the foot of section 9(6) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
31Permanent identification of livestock
(1)In the penalty at the foot of section 9A(1) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(2)In the penalty at the foot of section 9A(2) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
32Property identification codes
(1)In the penalty at the foot of section 9B(1) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(2)In the penalty at the foot of section 9B(2) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(3)In the penalty at the foot of section 9B(6) of the Livestock Disease Control Act 1994, for "5 penalty units" substitute "20 penalty units".
33Offence to use property identification code no longer in force
In the penalty at the foot of section 9BC of the Livestock Disease Control Act 1994, for "10 penalty units" substitute "20 penalty units".
34Requirements for manufacturers of tags and devices
(1)In the penalty at the foot of section 9C(1) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
(2)In the penalty at the foot of section 9C(2) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
35Entry of livestock etc.
In the penalty at the foot of section 10(1) of the Livestock Disease Control Act 1994, for "120 penalty units" substitute "600 penalty units".
36Offences
(1)For section 12(1) of the Livestock Disease Control Act 1994 substitute—
"(1)A person must not expose any diseased livestock in a market or other public place where livestock are exposed for sale.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1A)A person must not expose any diseased livestock in any saleyard whether public or private.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1B)A person must not place any diseased livestock in any lair or place adjacent to or connected with any place where livestock are commonly placed before exposure for sale.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1C)A person must not send for carriage or cause to be carried on any vehicle or vessel any diseased livestock.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1D)A person must not carry, lead or drive or cause to be carried, led or driven any diseased livestock on or by the side of any highway or thoroughfare.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1E)A person must not keep or cause to be kept any diseased stock—
(a)on any common; or
(b)on the side of a highway or thoroughfare.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1F)A person must not keep or cause to keep any diseased livestock on any unenclosed land or in any field or other place which is insufficiently fenced unless the livestock is constantly followed and kept in sight.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.".
(2)In section 12(2) of the Livestock Disease Control Act 1994, for "120 penalty units" substitute "600 penalty units".
(3)In section 12(3) of the Livestock Disease control Act 1994, for "(1) or (2)" substitute "(1), (1A), (1B), (1C), (1D), (1E), (1F) or (2)".
(4)In section 12(5) of the Livestock Disease Control Act 1994, for "120 penalty units" substitute "600 penalty units".
37Permit for entry or exit
In the penalty at the foot of section 24(1) of the Livestock Disease Control Act 1994, for "360 penalty units" substitute "1800 penalty units".
38Entry and exit points
(1)In the penalty at the foot of section 25(3) of the Livestock Disease Control Act 1994, for "360 penalty units" substitute "1800 penalty units".
(2)In section 25(4) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
39Permits for activity in restricted area
(1)In the penalty at the foot of section 27(1) of the Livestock Disease Control Act 1994, for "360 penalty units" substitute "1800 penalty units".
(2)In section 27(1A) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
40Entry to and exit from restricted areas
(1)In the penalty at the foot of section 28(3) of the Livestock Disease Control Act 1994, for "360 penalty units" substitute "1800 penalty units".
(2)In section 28(4) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
41Permit for activity in a control area
(1)In the penalty at the foot of section 30(1) of the Livestock Disease Control Act 1994, for "240 penalty units" substitute "1200 penalty units".
(2)In section 30(1A) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
42Contravention of importation order
(1)In section 33(1) of the Livestock Disease Control Act 1994, for "240 penalty units" substitute "1200 penalty units".
(2)In section 33(2) of the Livestock Disease Control Act 1994, for "60 penalty units" substitute "120 penalty units".
43Possession or administration of exotic disease agents
In the penalty at the foot of section 39(1) of the Livestock Disease Control Act 1994, for "900 penalty units" substitute "3000 penalty units".
44Exposure of bees to infected articles etc.
For section 52(1) of the Livestock Disease Control Act 1994 substitute—
"(1)A person must not expose any hive infected with disease in any manner that will allow access by bees to the hive unless the hive has been disinfected.
Penalty:60 penalty units.
(1A)A person must not expose any beeswax, fittings or other articles which are infected with disease or have been taken from or used in conjunction with any hive infected with disease in any manner that will allow access by bees to the articles unless the articles have been disinfected.
Penalty:60 penalty units.".
45Offence
In the penalty at the foot of section 112 of the Livestock Disease Control Act 1994, for "240 penalty units" substitute "1200 penalty units".
46Offence
In the penalty at the foot of section 114 of the Livestock Disease Control Act 1994, for "240 penalty units" substitute "1200 penalty units".
47Treatment notice
In the penalty at the foot of section 115(2) of the Livestock Disease Control Act 1994, for "120 penalty units" substitute "600 penalty units".
48Identification notice
In the penalty at the foot of section 115A(3) of the Livestock Disease Control Act 1994, for "120 penalty units" substitute "600 penalty units".
49Notice requesting assistance
In the penalty at the foot of section 117(4) of the Livestock Disease Control Act 1994, for "120 penalty units" substitute "600 penalty units".
50Power to serve a notice
For section 126(1) of the Livestock Disease Control Act 1994 substitute—
"(1)An inspector may serve an infringement notice on any person whom the inspector has reason to believe has committed an offence prescribed by the regulations as an offence in respect of which an infringement notice may be issued.".
51Penalties to be paid for offences under infringement notices
In section 129 of the Livestock Disease Control Act 1994, for "5 penalty units" substitute "12 penalty units for an individual and 60 penalty units for a body corporate".
52Regulations
In section 139(2)(g) of the Livestock Disease Control Act 1994, for "20 penalty units" substitute "40 penalty units".
Division 9—Miscellaneous amendments
53Definitions
In section 3(1) of the Livestock Disease Control Act 1994, in the definition of Department, for "Jobs, Precincts and Regions" substitute "Energy, Environment and Climate Action".
54Delegations by Minister
For section 102(2) of the Livestock Disease Control Act 1994 substitute—
"(2)Despite subsection (1), the Minister may by instrument delegate any power under section 26 or 29 to the Secretary or any other executive within the meaning of the Public Administration Act 2004 employed in the administration of this Act.".
55Time for charging certain offences under this Act
In section 132A of the Livestock Disease Control Act 1994, after "or 91" insert "or an offence under the regulations with respect to information about the movement of livestock that is prescribed for the purposes of this section,".
56Section 133 substituted
For section 133 of the Livestock Disease Control Act 1994 substitute—
"133 Service of documents
(1)Except where otherwise provided for in this Act, any written notice or other document authorised or required by this Act to be served on or given to a person (including a body corporate) may be served on or given to that person—
(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.
(2)In addition to the methods in subsection (1), any written notice or other document may be served on or given to a body corporate under this Act by sending it by—
(a)registered post to the body corporate, or to an employee, agent or officer of that body corporate, at the head office, registered office or principal place of business of the body corporate; or
(b)electronic communication to the body corporate's email address or to the email address of an employee, agent or officer of that body corporate.".
57New section 107E inserted
After section 107D of the Livestock Disease Control Act 1994 insert—
"107E Secretary may request information relating to land from Councils
(1)The Secretary, for or in connection with the administration of, or in carrying out the Secretary's functions under this Act or the regulations, may make a written request to a Council for the following information relating to land in the municipal district of that Council—
(a)the address of the land;
(b)the name, address and contact details of the owner of the land;
(c)if the owner does not occupy the land, the name, address and contact details of the occupier (if available);
(d)the zone under the planning scheme applying to the land;
(e)the purpose for which the land is used;
(f)any numbers or codes held by the Council which can be used to identify the land.
(2)A Council must make available to the Secretary any information relating to land in the municipal district of the Council that has been requested in writing by the Secretary under subsection (1).
(3)In this section—
Council has the same meaning as in section 3(1) of the Local Government Act 2020;
planning scheme means a planning scheme made under the Planning and Environment Act 1987 as that planning scheme is in force from time to time.".
58Section 121A repealed
Section 121A of the Livestock Disease Control Act 1994 is repealed.
59Statute law revision amendments
(1)In section 18(3) of the Livestock Disease Control Act 1994, for "week's notice" substitute "weeks' notice".
(2)In section 108(2AA) of the Livestock Disease Control Act 1994, for "an a person" substitute "a person".
PART 3—AMENDMENT OF PLANT BIOSECURITY ACT 2010
Division 1—Control areas and restricted areas
60Declaration of control areas
(1)In section 19(1) of the Plant Biosecurity Act 2010—
(a)for "Governor in Council may, by order" substitute "Minister may, by order published in the Government Gazette";
(b)in paragraph (a), after "declare" insert "the whole of or".
(2)In section 19(2) of the Plant Biosecurity Act 2010, for "Governor in Council" substitute "Minister".
(3)After section 19(2) of the Plant Biosecurity Act 2010 insert—
"(2A)An order declaring a control area remains in force for a period of 12 months or any shorter period that is specified in the order, unless sooner revoked.
(2B)The Minister may from time to time, by notice published in the Government Gazette, extend the duration of an order declaring a control area for any period or periods not exceeding 12 months.".
61Section 21 amended
(1)In the heading to section 21 of the Plant Biosecurity Act 2010, for "control area" substitute "control area—specified person".
(2)In section 21(1) of the Plant Biosecurity Act 2010, after "issue a permit" insert "to a specified person".
(3)After section 21(1) of the Plant Biosecurity Act 2010 insert—
"(1A)A permit has effect for the period specified in the permit.".
62New section 21A inserted
After section 21 of the Plant Biosecurity Act 2010 insert—
"21A Permits for movement of material into or from control area—specified class of person
(1)The Secretary may issue a permit to a specified class of person for the purposes of section 19 or 20 for the transport or movement of any plant, plant product, used package, used equipment or earth material into or out of a control area subject to any conditions about the treatment of the plant, plant product, used package, used equipment or earth material.
(2)A permit issued under subsection (1)—
(a)must be published—
(i)in the Government Gazette; and
(ii)on a website maintained by the Department; and
(b)has effect for the period specified in the permit.
(3)If a permit issued under subsection (1) is revoked or varied, notice of the revocation or variation must be published—
(a)in the Government Gazette; and
(b)on a website maintained by the Department.".
63Destruction or disposal of plants etc. at direction of Minister
In section 22(1)(b) of the Plant Biosecurity Act 2010, for "Governor in Council" substitute "Minister".
64Return, treatment or disposal of plants etc. at direction of inspector
In section 23(1)(b) and (d) of the Plant Biosecurity Act 2010, for "Governor in Council" substitute "Minister".
65Declaration of restricted area
(1)In section 32(1) of the Plant Biosecurity Act 2010, after "within Victoria" insert "(including the whole of Victoria)".
(2)After section 32(2) of the Plant Biosecurity Act 2010 insert—
"(2A)The order must specify whether it applies to the movement of a thing identified in the order under subsection (2) in relation to one or more of the following—
(a)into the restricted area;
(b)within the restricted area;
(c)from the restricted area.".
66Movement in restricted area
In section 33 of the Plant Biosecurity Act 2010—
(a)in subsection (1)(a), after "that area" insert "in contravention of that declaration";
(b)in subsections (2) and (4), after "an inspector" insert "or the Secretary".
67Section 34 amended
(1)In the heading to section 34 of the Plant Biosecurity Act 2010, for "restricted area" substitute "restricted area—specified person".
(2)In section 34(1) of the Plant Biosecurity Act 2010, after "issue a permit" insert "to a specified person".
68New section 34A inserted
After section 34 of the Plant Biosecurity Act 2010 insert—
"34A Permits for activity in restricted area—specified class of person
(1)The Secretary may issue a permit to a specified class of person for the purposes of section 33 subject to any conditions that the Secretary specifies in the permit, including conditions relating to the control or eradication of the exotic pest or disease.
(2)A permit issued under subsection (1)—
(a)must be published—
(i)in the Government Gazette; and
(ii)on a website maintained by the Department; and
(b)has effect for the period specified in the permit.
(3)If a permit issued under subsection (1) is varied or revoked, notice of the variation or revocation must be published—
(a)in the Government Gazette; and
(b)on a website maintained by the Department.".
Division 2—Increased penalties and matters relating to infringement notices
69Notification of plant pests or diseases
In the penalty at the foot of section 17(1) of the Plant Biosecurity Act 2010, for "240 penalty units" substitute "1200 penalty units".
70Infested land notice
(1)In the penalty at the foot of section 25(2) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "120 penalty units";
(b)for "300 penalty units" substitute "600 penalty units".
(2)In the penalty at the foot of section 25(3) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "120 penalty units";
(b)for "300 penalty units" substitute "600 penalty units".
(3)In the penalty at the foot of section 25(4) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "120 penalty units";
(b)for "300 penalty units" substitute "600 penalty units".
71Disposal of plant refuse etc.
In the penalty at the foot of section 27(2) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "120 penalty units";
(b)for "300 penalty units" substitute "600 penalty units".
72Declaration of infected place
In the penalty at the foot of section 30(5) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "1200 penalty units";
(b)for "300 penalty units" substitute "1800 penalty units".
73Movement in restricted area
In the penalty at the foot of section 33(1) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "1200 penalty units";
(b)for "300 penalty units" substitute "1800 penalty units".
74Contravention of importation order
In the penalty at the foot of section 38(1) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "1200 penalty units";
(b)for "300 penalty units" substitute "1800 penalty units".
75Possession or administration of exotic disease agents
In the penalty at the foot of section 41(1) of the Plant Biosecurity Act 2010, for "240 penalty units" substitute "3000 penalty units".
76Compliance agreements
In the penalty at the foot of section 47(5) of the Plant Biosecurity Act 2010, for "120 penalty units" substitute "600 penalty units".
77Enforcement of undertakings
In the penalty at the foot of section 122(3) of the Plant Biosecurity Act 2010, for "600 penalty units" substitute "1800 penalty units".
78Offences about certification
In the penalty at the foot of section 133 of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "120 penalty units";
(b)for "300 penalty units" substitute "600 penalty units".
79False statements in certificates and declarations
In the penalty at the foot of section 134(1) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "120 penalty units";
(b)for "300 penalty units" substitute "600 penalty units".
80Alterations to certificates and declarations
(1)In the penalty at the foot of section 135(1) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "120 penalty units";
(b)for "300 penalty units" substitute "600 penalty units".
(2)In the penalty at the foot of section 135(2) of the Plant Biosecurity Act 2010—
(a)for "60 penalty units" substitute "120 penalty units";
(b)for "300 penalty units" substitute "600 penalty units".
Division 3—Miscellaneous amendments
81Definitions
In section 3(1) of the Plant Biosecurity Act 2010, in the definition of Department, for "Department of Jobs, Precincts and Regions" substitute "Department of Energy, Environment and Climate Action".
82Ministerial orders
In section 6(4) of the Plant Biosecurity Act 2010, for "28 days" substitute "6 months".
83Notice of order declaring infected place
In section 31(1) of the Plant Biosecurity Act 2010, for "in a newspaper circulating generally in the vicinity of the place" substitute "on an approved alternative publication Internet site".
84Declaration of restricted area
In section 32(4) of the Plant Biosecurity Act 2010, for "in a newspaper circulating generally in the vicinity of the area" substitute "on an approved alternative publication Internet site".
85Delegations by Minister
(1)In section 53(1) of the Plant Biosecurity Act 2010, after "sections 6," insert "19,".
(2)For section 53(2) of the Plant Biosecurity Act 2010 substitute—
"(2)Despite subsection (1), the Minister may by instrument delegate a power of the Minister under section 6, 19 or 32 to the following persons—
(a)the Secretary;
(b)the chief plant health officer of the Department;
(c)any other executive within the meaning of the Public Administration Act 2004 employed in the administration of this Act.".
86Delegations by Secretary
(1)In section 54 of the Plant Biosecurity Act 2010, after "power of delegation" insert "and the powers under sections 21A and 34A".
(2)At the end of section 54 of the Plant Biosecurity Act 2010 insert—
"(2)Despite subsection (1), the Secretary may by instrument delegate a power of the Secretary under section 21A or 34A to the following persons—
(a)the chief plant health officer of the Department;
(b)any other executive within the meaning of the Public Administration Act 2004 employed in the administration of this Act.".
87Inspector's identification certificates
In section 63(2)(a) of the Plant Biosecurity Act 2010, after "by post" insert "or electronic communication".
88Identification of inspection agents of approved inspection services
In section 71(3)(a) of the Plant Biosecurity Act 2010, after "by post" insert "or electronic communication".
89Section 126 substituted
For section 126 of the Plant Biosecurity Act 2010 substitute—
"126 Service of documents
Except where otherwise provided for in this Act, a notice (other than an infringement notice) or other document authorised or required by this Act to be served on or given to a person is to be taken to have been served on or given to that person—
(a)if it is delivered to the person personally; or
(b)if it is left at the person's last known address, last known residence or business premises with a person apparently over 16 years of age and apparently residing or employed there; or
(c)if it is sent to the person by post at the person's usual or last known residence or business premises; or
(d)by sending it by email to the person at the person's usual or last known email address; or
(e)for a body corporate—
(i)by post to the body corporate at the head office, registered office or principal place of business of the body corporate; or
(ii)by email to the email address of the body corporate.".
PART 4—AMENDMENT OF LIVESTOCK MANAGEMENT ACT 2010
90Definitions
In section 3 of the Livestock Management Act 2010—
(a)in the definition of Department, for "Department of Environment and Primary Industries" substitute "Department of Energy, Environment and Climate Action";
(b)in the definition of inspector, for paragraphs (b) and (c) substitute—
"(b)an inspector within the meaning of the Livestock Disease Control Act 1994;";
(c)the definition of police officer is repealed.
91Inspector's identification certificate
In section 28 of the Livestock Management Act 2010—
(a)in subsection (1), after "under this Act" insert "(other than an inspector who is a police officer)";
(b)in subsection (2), after "An inspector" insert "(other than an inspector who is a police officer)".
92New section 28A inserted
After section 28 of the Livestock Management Act 2010 insert—
"28A Police officer identification
A police officer who is not in uniform and exercising a power (other than under a warrant) under or for the purposes of this Act, on request, must produce the police officer's identification for inspection when exercising that power.".
93Section 30 amended
(1)In the heading to section 30 of the Livestock Management Act 2010, for "of livestock" substitute "who are inspectors under the Livestock Disease Control Act 1994".
(2)In section 30(1) and (2) of the Livestock Management Act 2010 omit "of livestock".
94Section 30A repealed
Section 30A of the Livestock Management Act 2010 is repealed.
95Inspector may use assistants
In section 44 of the Livestock Management Act 2010 omit ", including a police officer,".
96Offence to contravene a prescribed biosecurity measure
In the penalty at the foot of section 50A(1) of the Livestock Management Act 2010—
(a)for "60 penalty units" substitute "120 penalty units";
(b)for "300 penalty units" substitute "600 penalty units".
97Offence to damage or deface a sign
In the penalty at the foot of section 50B of the Livestock Management Act 2010, for "20 penalty units" substitute "40 penalty units".
98Penalties to be paid for offences under infringement notices
(1)In section 52(b) of the Livestock Management Act 2010—
(a)for "7 penalty units" substitute "12 penalty units";
(b)for "45 penalty units" substitute "60 penalty units".
(2)In section 52(c) of the Livestock Management Act 2010, for "3 penalty units." substitute "6 penalty units".
99Power to file charges under this Act
In section 53(b) of the Livestock Management Act 2010, after "inspector" insert "(other than an inspector who is a police officer)".
PART 5—REPEAL OF THIS ACT
100Repeal of this Act
This Act is repealed on 1 October 2025.
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: 2 November 2023
Legislative Council: 30 November 2023
The long title for the Bill for this Act was "A Bill for an Act to amend the Livestock Disease Control Act 1994, the Plant Biosecurity Act 2010 and the Livestock Management Act 2010 and for other purposes."
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