Livestock Management Amendment (Animal Activism) Act 2022 (Vic)

Livestock Management Amendment (Animal Activism) Act 2022

No. 12 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendment of the Livestock Management Act 2010

4Definitions

5Application

6New Part 3A inserted

7New section 30A inserted

8Power to search, inspect or examine

9Power to stop and detain vehicles

10New sections 50A and 50B inserted

11Power to serve a notice

12Penalties to be paid for offences under infringement notices

13Regulations

Part 3—Repeal of this Act

14Repeal of this Act

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Endnotes

1      General information

Livestock Management Amendment (Animal Activism) Act 2022

No. 12 of 2022

[Assented to 29 March 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purposes of this Act are—

(a)to amend the Livestock Management Act 2010 to provide for biosecurity management plans; and

(b)to amend the Livestock Management Act 2010 to provide for offences relating to contravening a prescribed biosecurity measure and certain other matters; and

(c)to make miscellaneous 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 July 2022, it comes into operation on that day.

3Principal Act

In this Act, the Livestock Management Act 2010 is called the Principal Act.

Part 2—Amendment of the Livestock Management Act 2010

4Definitions

(1)In section 3 of the Principal Act insert the following definitions—

"biosecurity impact means an adverse effect on the economy, the environment or the community that arises, or has the potential to arise from, biosecurity matter or a carrier, being an adverse effect that is related to any of the following—

(a)the introduction, presence, spread or increase of a disease or disease agent into or within the State or any part of the State;

(b)the introduction, presence, spread or increase of a pest into or within the State or any part of the State;

(c)stock food or fertilisers;

(d)livestock or livestock products becoming chemically affected;

(e)any thing declared by the regulations to be a biosecurity impact;

biosecurity management plan means a document—

(a)that contains measures to identify, prevent, eliminate or minimise the biosecurity impacts relating to livestock activities; and

(b)that includes any matters that are prescribed to be mandatory;

biosecurity matter means the following—

(a)livestock;

(b)a part of livestock;

(c)a livestock product;

(d)a livestock disease;

(e)a prion;

(f)a contaminant;

(g)a disease agent that can cause disease in livestock or that can cause disease in a human via transmission from livestock to a human;

(h)any thing declared by the regulations to be biosecurity matter;

carrier means any thing (whether alive, dead or inanimate, including a human) that has, or is capable of having, any biosecurity matter on it, attached to it or contained in it;

chemically affected, in relation to livestock or a livestock product, means that the livestock or livestock product contains a contaminant and as a result is or is likely—

(a)to become unfit for sale or export for human consumption; or

(b)to pose a danger to human health or to the environment; or

(c)to be detrimental to export or other trade;

livestock product has the same meaning as in the Livestock Disease Control Act 1994;

prescribed biosecurity measure means a measure prescribed by the regulations;".

(2)In section 3 of the Principal Act, in paragraph (b) of the definition of inspector, for "1994;" substitute "1994; or".

(3)In section 3 of the Principal Act, after paragraph (b) of the definition of inspector insert—

"(c)subject to section 30A, a police officer;".

5Application

After section 4(2) of the Principal Act insert—

"(2A)Compliance with a biosecurity management plan or a prescribed biosecurity measure will be taken to be compliance with any of the following in the event of inconsistency—

(a)a less stringent requirement under a listed Act;

(b)a less stringent prescribed standard under a listed Act;

(c)a less stringent applicable code under a listed Act.".

6New Part 3A inserted

After section 21 of the Principal Act insert—

"Part 3A—Biosecurity management plans and prescribed biosecurity measures

21ABiosecurity management plans

(1)A person may prepare a biosecurity management plan that applies to a premises, or to a specified part of a premises, if the person—

(a)manages a livestock activity at the premises, or at the specified part of the premises; or

(b)is a person included in a prescribed class.

(2)Subject to section 21B, the following rules apply in relation to biosecurity management plans—

(a)a biosecurity management plan may be expressed to apply to a premises or to a specified part of a premises;

(b)more than one biosecurity management plan cannot apply—

(i)to the whole of the same premises; or

(ii)to the whole of the same specified part of a premises;

(c)a biosecurity management plan may amend or revoke a biosecurity management plan that applies to a premises or to a specified part of a premises.

21BOne biosecurity management plan only for the whole or part of a premises

(1)This section applies if—

(a)a biosecurity management plan (the original plan) is in force in respect of a premises or a specified part of a premises; and

(b)another biosecurity management plan (the later plan) is made that would (apart from this section) apply in respect of—

(i)the whole of the same premises; or

(ii)the whole of the same specified part of the premises.

(2)The later plan prevails to the extent that there would otherwise be more than one biosecurity management plan applying to the whole or the specified part of the premises, as the case requires.

(3)A biosecurity management plan is inoperative to the extent that it purportedly applies to—

(a)a premises, or a specified part of a premises, to the extent that the premises or specified part are situated on land to which section 401A of the Land Act 1958 applies; or

(b)a premises, or a specified part of a premises, included in a prescribed class.

21CDisclosure of contents of biosecurity management plan for the whole or part of a premises

To avoid doubt, nothing in this Act is to be taken to require a person who has prepared a biosecurity management plan to disclose the contents of that plan to another person, other than to an inspector exercising powers under Part 5.".

7New section 30A inserted

After section 30 of the Principal Act insert—

"30A   Powers of police officers in capacity of inspectors

(1)A police officer has and may exercise, in the police officer's capacity as an inspector, any power of an inspector by or under this Act in relation to any matter relating to a possible contravention of section 50A or 50B.

(2)Section 28 does not apply to a police officer in their capacity as an inspector.

(3)To avoid doubt, this section does not limit the powers of a police officer in any other capacity.".

8Power to search, inspect or examine

(1)I n section 38(a) of the Principal Act, after "activity", insert ", or in relation to which the inspector reasonably believes section 50A or 50B has not been or is not being complied with".

(2)I n section 38(b) of the Principal Act, after "activity", insert ", or in relation to which the inspector reasonably believes there is or has been a contravention of section 50A or 50B".

(3)In section 38(c) of the Principal Act, after "activity", insert ", or a contravention of section 50A or 50B".

9Power to stop and detain vehicles

(1)I n section 43(1) of the Principal Act, after "activity", insert ", or in connection with a contravention of section 50A or 50B".

(2)I n section 43(2) of the Principal Act, after "activity", insert "or in connection with a contravention of section 50A or 50B, as the case requires".

10New sections 50A and 50B inserted

After section 50 of the Principal Act insert—

"50A Offence to contravene a prescribed biosecurity measure

(1)A person must not contravene a prescribed biosecurity measure that applies to a premises, or to a specified part of a premises, if—

(a)a biosecurity management plan is in force for the premises or the specified part of the premises, as the case requires; and

(b)a sign that complies with subsection (2) is displayed in accordance with that subsection.

Penalty:in the case of a natural person, 60 penalty units;

in the case of a body corporate, 300 penalty units.

(2)A sign complies with this subsection if the sign—

(a)contains the prescribed information, including—

(i)a summary of any prescribed biosecurity measures that apply to the premises, or to the specified part of the premises, as the case requires; and

(ii)the name of the regulations under which those biosecurity measures are prescribed; and

(b)states that a contravention of a prescribed biosecurity measure is an offence; and

(c)is—

(i)constructed and designed in accordance with the prescribed requirements; and

(ii)affixed and conspicuously displayed in the prescribed manner and in the prescribed location at the premises, or at the specified part of the premises, as the case requires; and

(d)complies with any additional requirements prescribed by the regulations.

(3)A person does not commit an offence under subsection (1) if the person is at the premises, or the specified part of the premises, pursuant to a power conferred upon the person under a provision of this Act or another law including, but not limited to, the following—

(a)section 64(1) of the Magistrates' Court Act 1989;

(b)section 30(1)(c) of the Country Fire Authority Act 1958;

(c)section 102(1) of the Fisheries Act 1995;

(d)section 54(1)(a) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992;

(e)section 21(1)(a) of the Food Act 1984;

(f)section 21C(1)(a) of the Prevention of Cruelty to Animals Act 1986;

(g)section 109(1)(a) of the Livestock Disease Control Act 1994;

(h)a provision of the Wildlife Act 1975;

(i)a provision of the Catchment and Land Protection Act 1994;

(j)a provision of the Emergency Management Act 2013, to the extent that the power is exercised in relation to an emergency management sector within the meaning of that Act;

(k)a provision of the Biosecurity Act 2015 of the Commonwealth.

(4)A person does not commit an offence under subsection (1) if the person is at the premises, or the specified part of the premises, in circumstances prescribed by the regulations.

50BOffence to damage or deface a sign

A person must not deface, damage or remove a sign that complies with section 50A(2).

Penalty:20 penalty units.".

11Power to serve a notice

In section 51(1) of the Principal Act, after "against" insert "section 50A or 50B, or an offence against this Act or".

12Penalties to be paid for offences under infringement notices

In section 52 of the Principal Act, for "exceed 5 penalty units" substitute—

"exceed—

(a)in the case of an offence against this Act, or against the regulations, being an offence prescribed for the purposes of this Division, 7 penalty units for an individual; or

(b)in the case of an offence against section 50A, 7 penalty units for an individual or 45 penalty units for a body corporate; or

(c)in the case of an offence against section 50B, 3 penalty units.".

13Regulations

After section 63(1)(f) of the Principal Act insert—

"(fa)prohibiting or regulating entry to or remaining at a premises, or a specified part of a premises, to which a biosecurity management plan applies without the consent of a person or persons;

(fb)requiring persons to record their entry to and movements at a premises, or a specified part of a premises, to which a biosecurity management plan applies;

(fc)prescribing the circumstances in which a person may enter or remain at a premises, or a specified part of a premises, to which a biosecurity management plan applies;

(fd)requiring persons entering a premises, or a specified part of a premises, to which a biosecurity management plan applies to provide such identification as is prescribed;

(fe)requiring compliance with specified protocols and procedures in respect of a premises, or a specified part of a premises, to which a biosecurity management plan applies;

(ff)matters that must be included in a biosecurity management plan;

(fg)matters that may be included in a biosecurity management plan;

(fh)templates, forms, maps or diagrams, as appropriate, in relation to signs, records, biosecurity management plans or prescribed documents;

(fi)the creation, keeping and maintenance of records, including the information to be included and the retention period, about persons who enter or remain in a premises, or a specified part of a premises, to which a biosecurity management plan applies ;

(fj)bio security measures that apply to a premises, or to a specified part of a premises, or to classes of premises or specified parts of premises, to which a biosecurity management plan applies;

(fk)prescribing information to be included in signage for the purposes of section 50A(2)(a);

(fl)prescribing requirements in relation to signs for the purposes of section 50A(2)(c);

(fm)prescribing additional matters in relation to signs for the purposes of section 50A(2)(d);

(fn)exempting persons or classes of person from any requirements specified in the regulations;

(fo)prescribing means (including but not limited to electronic means) for seeking and giving consent to entry to a premises, or a specified part of a premises, to which a biosecurity management plan applies;".

Part 3—Repeal of this Act

14Repeal of this Act

This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation.

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 December 2021

Legislative Council: 10 February 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Livestock Management Act 2010 to provide for biosecurity management plans, to create an offence relating to contravening prescribed biosecurity measures and for other purposes."