Livestock Disease Control (Amendment) Act 2003 (Vic)

Livestock Disease Control (Amendment) Act 2003

Act No. 57/2003

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Purposes and objectives	2
4.	Swill feeding of pigs	2
5.	Appropriations for liabilities of the Fund	3
6.	New section 79C substituted	3
79C.	Compensation payable for Johne's and declared diseases	3
7.	Protection of control programs	3
8.	Inspectors	4
9.	New section 138A inserted	5
138A.	Supreme Court—limitation of jurisdiction	5
10.	Plant Health and Plant Products—inspectors	6

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ENDNOTES 8

i

Victoria

No. 57 of 2003

Livestock Disease Control (Amendment)

Act 2003†

[Assented to 16 June 2003]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are to amend—

(a)	the Livestock Disease Control Act 1994 to make further provision for the prevention, monitoring and control of exotic livestock diseases; and
(b)	the Plant Health and Plant Products Act 1995 to make further provision for the control and eradication of exotic diseases.

Livestock Disease Control (Amendment) Act 2003

Act No. 57/2003 s. 2

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Purposes and objectives

See:

(1) In section 1 of the Livestock Disease Control	Act No.
Act 1994 after "the" insert "prevention,".	115/1994. Reprint No. 4
as at 1 July 2001
and
amending
Act Nos
84/2001 and 89/2001.
LawToday:
dpc.vic. gov.au

(2) In section 4 of the Livestock Disease Control

Act 1994—

(a)	in paragraphs (a) and (b) after "by" insert "preventing,";
(b)	in paragraph (c) after "the" insert "preventing,";
(c)	in paragraph (d) for "diseases" substitute "diseases;";

(d) after paragraph (d) insert—

"(e) to facilitate the operation of livestock

identification and tracking programs for
disease and residue control and market

access.".

4. Swill feeding of pigs

In section 41(1) of the Livestock Disease Control

Act 1994—

(a) in paragraphs (a), (b) and (c) after "mammal" insert "or that has been in direct contact with

Livestock Disease Control (Amendment) Act 2003

s. 5 Act No. 57/2003

material originating from a placental

mammal";

(b) in paragraph (c) for "pig." substitute "pig; or";

(c) after paragraph (c) insert—

"(d) supply to another person material that originates from a placental mammal or that has been in direct contact with

material originating from a placental
mammal that the person supplying the
material knows is for use for feeding to

any pig.".

5. Appropriations for liabilities of the Fund

Section 79B(4) of the Livestock Disease Control

Act 1994 is repealed.

6. New section 79C substituted

For section 79C of the Livestock Disease Control

Act 1994 substitute—

"79C. Compensation payable for Johne's and

declared diseases

Compensation is only payable under this

Division in respect of—

(a) Johne's Disease; or

(b) Order in Council published in the
Government Gazette to be a

any other disease that is declared by sheep or goats.".

7. Protection of control programs

(1) For section 105(1) of the Livestock Disease

Control Act 1994 substitute—

"(1) The Secretary may by order in writing certify

that—

Livestock Disease Control (Amendment) Act 2003

Act No. 57/2003 s. 8

(a)	an outbreak of an exotic disease exists in any part or area of Victoria; or
(b)	an outbreak of an exotic disease exists in any other part or area of Australia outside Victoria and it is necessary or expedient to take action or to make any authorisation or declaration under this Act to prevent, or reduce the risk of, the spread of the disease to Victoria.".

(2) In section 105(2) of the Livestock Disease

Control Act 1994, after "disease" insert "(whether within Victoria or any other part or area of Australia referred to in an order under sub- section (1)(b))".

8. Inspectors

(1) For section 108(2) of the Livestock Disease

Control Act 1994 substitute—

"(2) If the Secretary makes an order under

section 105 that an outbreak of exotic disease
exists in any part or area of Victoria or in
any part or area of Australia, the Secretary

may, by instrument appoint—

(a)	any suitably qualified person to be an inspector;
(b)	members of the Police Force of Victoria or persons employed or engaged by emergency services agencies within the meaning of the
Emergency Management Act 1986 to be inspectors—

for the purposes of all or any of the
provisions of this Act and in respect of all or
any livestock specified in the instrument for
the period that the order remains in force.

Livestock Disease Control (Amendment) Act 2003

s. 9 Act No. 57/2003

(2A) A person in a class of persons appointed

under sub-section (2)(b) may perform all of the functions and exercise all of the powers of an inspector under Division 3 of this
Part.".

(2) In section 108(3) and (4) of the Livestock Disease Control Act 1994 after "inspector" (where first occurring) insert "appointed under sub-section (1) or (2)(a)".

(3) After section 108(4) of the Livestock Disease

Control Act 1994 insert—

"(5) An inspector appointed under sub-section

(2)(b) must, in the course of performing his
or her functions or exercising his or her
powers under this Act, produce to any person

who requests its production—

(a)	his or her identification as a member of the Police Force or a person employed or engaged by an emergency services agency; and
(b)	in the case of a person employed or engaged by an emergency services agency, a copy of the instrument of appointment under sub-section (2)(b).".

9. New section 138A inserted

After section 138 of the Livestock Disease

Control Act 1994 insert—

"138A. Supreme Court—limitation of jurisdiction

It is the intention of section 105(2) (as
amended by section 7(2) of the Livestock
Disease Control (Amendment) Act 2003)
to alter or vary section 85 of the
Constitution Act 1975.".

Livestock Disease Control (Amendment) Act 2003

Act No. 57/2003 s. 10

10. Plant Health and Plant Products—inspectors

See:

(1) In section 51(1) of the Plant Health and Plant	Act No.
Products Act 1995 for "and plant products or any	51/1995. Reprint No. 1
plant or plant product" substitute ", plant	as at
products, plant vectors, used packages and	8 August 1997 and
agricultural equipment and soil or any plant, plant	amending
product, plant vector, used package or agricultural	Act Nos 26/1998,
equipment or soil".	46/1998, 52/1998,
83/1998, 62/2000 and
44/2002. LawToday:
dpc.vic.
gov.au

(2) After section 51(1) of the Plant Health and Plant Products Act 1995 insert—

"(1A) If the Minister makes an order under

section 17 or 20 declaring a quarantine area
or restricted area, the Secretary may, by
instrument, appoint members of the Police
Force of Victoria or persons employed or
engaged by emergency services agencies
within the meaning of the Emergency
Management Act 1986 to be inspectors for
the purposes of all or any of the provisions of
this Act and in respect of all plants, plant
products, plant vectors, used packages or
agricultural equipment or soil or any plant,
plant product, plant vector, used package or
agricultural equipment or soil specified in
the order for the period the order remains in

force.

(1B) A person in a class of persons appointed

under sub-section (1A) may perform all of the functions and exercise all of the powers of an inspector under Part 8.".

Livestock Disease Control (Amendment) Act 2003

s. 10 Act No. 57/2003

(3) In section 51(5) of the Plant Health and Plant

Products Act 1995 after "each inspector" insert

"appointed under sub-section (1)".

(4) In section 51(6) of the Plant Health and Plant

Products Act 1995 after "inspector" insert
"appointed under sub-section (1)".

(5) After section 51(6) of the Plant Health and Plant Products Act 1995 insert—

"(7) An inspector appointed under sub-section

(1A) must, in the course of performing his or her functions or exercising his or her powers under this Act, produce to any person who

requests its production—

(a)	his or her identification as a member of the Police Force or a person employed or engaged by an emergency services agency; and
(b)	in the case of a person employed or engaged by an emergency services agency, a copy of the instrument of appointment under sub-section (1A).".

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Livestock Disease Control (Amendment) Act 2003

Act No. 57/2003 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 1 May 2003

Legislative Council: 10 June 2003

The long title for the Bill for this Act was "to amend the Livestock
Disease Control Act 1994 and the Plant Health and Plant Products

Act 1995 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 1 May 2003

Legislative Council: 10 June 2003

Absolute majorities:

Legislative Assembly: 5 June 2003

Legislative Council: 10 June 2003