Livestock Disease Control (Amendment) Act 1998 (Vic)

Livestock Disease Control (Amendment) Act 1998

Act No. 83/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Exotic diseases	2
4.	New section 9C inserted	2

9C. Requirements for manufacturers of tags and devices 2

5.	Payments from the Sheep and Goat Compensation Fund	3
6.	Payment of stamp duty	3
7.	New section 94A substituted	3

94A. Records of sales and purchases 3

8.	Approved agents	4
9.	Offences relating to stamp duty	6
10.	Release of identification information	6
11.	Regulations	6
12.	Statute law revision	7
13.	Amendments to Plant Health and Plant Products Act 1995	7
14.	Amendment to Stamps Act 1958	8

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NOTES 9

i

Victoria

No. 83 of 1998

Livestock Disease Control (Amendment)

Act 1998†

[Assented to 17 November 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the
Livestock Disease Control Act 1994, the Plant
Health and Plant Products Act 1995 and the

Stamps Act 1958 and for other purposes.

2. Commencement

(1) This section and sections 1, 3, 5, 12 and 13 come

into operation on the day on which this Act
receives the Royal Assent.

Livestock Disease Control (Amendment) Act 1998

Act No. 83/1998 s. 3

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does not come into operation before 30 June 1999, it comes into operation on that day.

3. Exotic diseases

In section 3 of the Livestock Disease Control	No. 115/1994. Reprinted as
Act 1994—	at 7 May 1998. Further
(a) insert the following definition—	amended by Nos 48/1998
' "approved agent" means a person in	and 52/1998.

respect of whom a declaration by the
Commissioner of State Revenue under

section 94 is in force;';

(b)

for paragraph (b) of the definition of "exotic "(b) any other contagious or infectious

disease, or any condition to which any livestock is subject, that the Governor in Council declares to be an exotic

disease.".

4. New section 9C inserted

After section 9B of the Livestock Disease
Control Act 1994 insert—

"9C. Requirements for manufacturers of tags

and devices

A person must not make or sell or offer or expose for sale a tag or a marking or branding device intended for identifying livestock for the purposes of section 9 or 9A or that is held out as being suitable for those purposes unless the person is authorised for the time being in writing by the Secretary to do so.

Livestock Disease Control (Amendment) Act 1998

s. 5

s. 7 Act No. 83/1998

Penalty: 5 penalty units.".

5.  Payments from the Sheep and Goat Compensation Fund

In section 79B(2) of the Livestock Disease
Control Act 1994, after paragraph (b) insert—

"(c) from the capital of the Fund or from interest

earned on money from the Fund for
programs and projects for the control or

eradication of disease of sheep or goats.".

6. Payment of stamp duty

In the Livestock Disease Control Act 1994—

(a)	in section 92(1), (1A) and (2), omit "over the hooks where the carcase is purchased on a weight sale basis after the animal has been slaughtered";
(b)	in section 92(1), after "an approved agent" insert "or to an approved agent who is purchasing the cattle, calves or carcases on the approved agent's own behalf";
(c)	in section 92(1A), after "an approved agent" insert "or to an approved agent who is purchasing the sheep, goats or carcases on the approved agent's own behalf";
(d)	in section 92(2), after "an approved agent" insert "or to an approved agent who is purchasing the pigs or carcases on the approved agent's own behalf".

7. New section 94A substituted

For section 94A of the Livestock Disease

Control Act 1994 substitute—

"94A. Records of sales and purchases

(1) An approved agent or a person who carries
on business as a stock and station agent, an

Livestock Disease Control (Amendment) Act 1998

Act No. 83/1998 s. 8

abattoir operator, a feedlot operator, a cattle
scale operator, a calf dealer or any other
prescribed business dealing with the selling
of livestock or the carcases of livestock who
sells, as agent for another person, any
livestock of a prescribed species or class
must ensure that the prescribed particulars

about the sale of that livestock are—

(a) recorded; and

(b)	supplied to the person who purchased the livestock if that person is a prescribed purchaser or of a prescribed class of purchasers; and
(c)	made available for inspection by an inspector during the period of 7 years after the date of the sale.

Penalty: 5 penalty units.

(2) An approved agent who purchases any

livestock of a prescribed species or class on
the approved agent's own behalf must ensure
that the prescribed particulars about the

purchase of that livestock are—

(a) recorded; and

(b)	supplied to the person who sold the livestock if that person is a prescribed seller or of a prescribed class of sellers; and
(c)	made available for inspection by an inspector during the period of 7 years after the date of the sale or purchase.

Penalty: 5 penalty units.".

8. Approved agents

In section 95 of the Livestock Disease Control
Act 1994—

Livestock Disease Control (Amendment) Act 1998

Act No. 83/1998

(a)	in sub-sections (1)(a), (1A)(a) and (2)(a), after "sales" insert "or purchases";
(b)	in sub-sections (1)(b), (1A)(b) and (2)(b), omit "in cash";
(c)	in sub-sections (5)(a), (5A)(a) and (6)(a), for "containing the" substitute "setting out the amount of stamp duty paid and";
(d)	after sub-section (5)(a) insert— "(ab) in the case of an approved agent who

purchases cattle or calves or the
carcases of cattle on the approved
agent's own behalf, issue to every seller
of those cattle, calves or carcases a
statement in writing setting out the
amount of stamp duty paid and the

prescribed particulars;";

(e)	in sub-sections (5)(b), (5A)(b) and (6)(b), after "invoice" insert "or statement";
(f)	after sub-section (5A)(a) insert— "(ab) in the case of an approved agent who

purchases sheep or goats or the
carcases of sheep or goats on the
approved agent's own behalf, issue to
every seller of those sheep, goats or
carcases a statement in writing setting
out the amount of stamp duty paid and

the prescribed particulars;";

(g) after sub-section (6)(a) insert— "(ab) in the case of an approved agent who

purchases pigs or the carcases of pigs
on the approved agent's own behalf,
issue to every seller of those pigs or
carcases a statement in writing setting
out the amount of stamp duty paid and
the prescribed particulars;";

Livestock Disease Control (Amendment) Act 1998

Act No. 83/1998 s. 9

(h) in sub-section (7)—

(i) after "purchaser" insert "or seller";

(ii) after "invoice" insert "or statement".

9. Offences relating to stamp duty

In section 96 of the Livestock Disease Control

Act 1994—

(a) in sub-section (1), omit "cattle or pig";

(b) in sub-section (2), after "invoice" insert ", statement".

10. Release of identification information

In section 107B of the Livestock Disease Control

Act 1994—

(a) after sub-section (3)(c) insert—

"; or

(d)	any officer or employee referred to in sub-section (4)(b).";
(b)	in sub-section (4)(a), after "organisation" insert "or any prescribed class of persons, bodies or organisations".

11. Regulations

After section 139(1)(b) of the Livestock Disease
Control Act 1994 insert—

"(ba) providing for the inspection or examination

of livestock by persons handling livestock,
the recording of the results of the inspection
or examination by those persons together
with any identification codes or numbers
required by or under this Act to be tagged,
marked or branded on the livestock and the
forwarding of those results and codes or
numbers to the Secretary;

Livestock Disease Control (Amendment) Act 1998

s. 12 Act No. 83/1998

(bb) the requirements for applying for

authorisation under section 9C;".

12. Statute law revision

In the Livestock Disease Control Act 1994—

(a)	in section 69(3)(b), omit "and" at the end of the paragraph;
(b)	in section 100, for "The Secretary may" substitute "(1) The Secretary may";
(c)	in section 107C(2), for "emloyee" substitute "employee";

(d) section 142 and Schedule 2 are repealed.

13. Amendments to Plant Health and Plant Products Act 1995

No. 51/1995. In the Plant Health and Plant Products Act
1995—

(a)	in sections 20(2), 24(1) and (2)(a) and (b) and 25, for "or soil" substitute ", soil, bees, honey, beeswax, honeycomb, beehives or pollen";
(b)	in section 21(1)(a), for ", or soil" substitute "soil, bees, honey, beeswax, honeycomb, beehives or pollen";
(c)	in section 22(1)(a), after paragraph (iii) insert—

"; or

(iv)  bees, honey, beeswax, honeycomb, beehives or pollen;";

(d) in section 22(1)(i), after "plant products" insert ", beehives";

(e) after section 22(1)(o) insert—

Livestock Disease Control (Amendment) Act 1998

Act No. 83/1998 s. 14

"(p) require beekeepers who keep beehives within the area to take measures, including the destruction of bees, honey, beeswax, honeycomb, beehives

or pollen, specified in the order that are,
in the opinion of the Minister,
necessary for the containment,
eradication or control of the pest or

disease;";

(f) in section 58(1)(e), (f) and (g), after "product" insert "or any bees, honey, beeswax, honeycomb, beehives or pollen".

14. Amendment to Stamps Act 1958

In Schedule 3 to the Stamps Act 1958— No. 6375.

(a) in Heading XVII—

(i)  in clause (1)(a)(i) omit "or one carcase";

(ii) in clause (1)(a)(ii) omit "or carcases";

(b)	in Heading XVIIA, omit "sold over the hooks where the carcase is purchased on a weight sale basis after the animal has been slaughtered";
(c)	in Heading XVIII, omit "sold over the hooks if the carcase is purchased on a weight sale basis after the pig has been slaughtered".

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Livestock Disease Control (Amendment) Act 1998

Notes Act No. 83/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 14 May 1998

Legislative Council: 27 October 1998

The long title for the Bill for this Act was "to amend the Livestock
Disease Control Act 1994, the Plant Health and Plant Products Act
1995 and the Stamps Act 1958 and for other purposes."