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

Livestock Management Amendment (Animal Activism) Regulations 2022

S.R. No. 70/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5New Part 1 heading inserted

6Regulation 1 substituted

7Definitions

8New Part 2 heading inserted

9New Parts 3 and 4 inserted

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Endnotes

statutory rules 2022

S.R. No. 70/2022

Livestock Management Act 2010

Livestock Management Amendment (Animal Activism) Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 30 August 2022

Responsible Minister:

GAYLE TIERNEY
Minister for Agriculture

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Livestock Management Regulations 2021—

(a)to provide for matters consequential to the commencement of the Livestock Management Amendment (Animal Activism) Act 2022; and

(b)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 63 of the Livestock Management Act 2010.

3Commencement

These Regulations come into operation on 31 August 2022.

4Principal Regulations

In these Regulations, the Livestock Management Regulations 2021[1] are called the Principal Regulations.

5New Part 1 heading inserted

Insert the following heading before regulation 1 of the Principal Regulations—

"Part 1—Preliminary".

6Regulation 1 substituted

For regulation 1 of the Principal Regulations substitute—

"1   Objectives

The objectives of these Regulations are—

(a)to prescribe livestock management standards and inspection and certification arrangements for the purposes of the Livestock Management Act 2010; and

(b)to prescribe matters in relation to biosecurity management plans, biosecurity measures, related signage and offences; and

(c)to prescribe infringement offences and infringement penalties for the purposes of Division 7 of Part 5 of that Act.".

7Definitions

(1)In regulation 5 of the Principal Regulations insert the following definitions—

"electronic means includes text message, email and QR code communication;

motor vehicle has the same meaning as in the Road Safety Act 1986;

nominated person means a person nominated in a biosecurity management plan for a premises that applies to a specified part of a premises;

permitted worker means a person who in good faith performs duties for remuneration or on an unpaid or voluntary basis at a premises or a specified part of a premises to which a biosecurity management plan applies, with the consent of a person in charge of livestock at, or the nominated person for, the premises or the part of the premises;

Note

See regulation 14 for what a person in charge or nominated person must do if that person withdraws consent for a person to perform duties at a premises or a part of a premises.

visitor in relation to a premises or a specified part of a premises to which a biosecurity management plan applies, means a person other than a person who—

(a)resides at the premises or the specified part of the premises; or

(b)enters and remains at the premises or the specified part of the premises at the invitation of a person who—

(i)resides at the premises or the specified part of the premises; or

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

(c)enters and remains at the premises or the specified part of the premises, under the authority of a lease or licence entered into with the owner of the premises and that is in force; or

(d)is a permitted worker.".

(2)In regulation 5 of the Principal Regulations, in the definition of the Act, for "2010." substitute "2010;".

8New Part 2 heading inserted

Insert the following heading after regulation 5 of the Principal Regulations—

"Part 2—Inspection and certification arrangements and livestock management standards".

9New Parts 3 and 4 inserted

After regulation 7 of the Principal Regulations insert—

'Part 3—Biosecurity management plans

Division 1—Preparation of biosecurity management plan

8Prescribed matters to be included in a biosecurity management plan

(1)For the purposes of paragraph (b) of the definition of biosecurity management plan in section 3 of the Act, the following matters must be included in a biosecurity management plan that applies to a premises or a specified part of a premises—

(a)the name and contact details of the nominated person;

(b)a description, map or plan of the premises or the specified part of the premises that accurately describes the boundaries of the premises or the specified part of the premises;

(c)the heading of the biosecurity management plan which must—

(i)include the words "BIOSECURITY MANAGEMENT PLAN"; and

(ii)the address of the premises to which it applies;

(d)the day on which the biosecurity management plan comes into operation;

(e)the name of the person who prepared the biosecurity management plan.

(2)A biosecurity management plan may include the name and contact details of any person who manages livestock activities at a premises or a specified part of a premises to which the plan applies.

Division 2—Prescribed biosecurity measures and related procedures at premises to which a biosecurity management plan applies

9Prescribed biosecurity measures

For the purposes of the definition of prescribed biosecurity measure in section 3 of the Act, the following biosecurity measures are prescribed—

(a)a visitor must not enter or remain in a premises or a specified part of a premises to which a biosecurity management plan applies unless the visitor has the consent of the nominated person to do so which has been obtained in accordance with regulation 10;

(b)a visitor must not interfere with, or disturb, any livestock or thing on a premises or specified part of a premises to which a biosecurity management plan applies unless the visitor has the consent of the nominated person to do so which has been obtained in accordance with regulation 10.

10Procedure to obtain consent of a nominated person at a premises

(1)For the purposes of regulation 9(a), a visitor must—

(a)contact the nominated person, in the manner specified in the sign displayed at the premises or the specified part of the premises and ask for consent to enter or remain in the premises or the specified part of the premises; and

(b)provide the following identifying information to the nominated person—

(i)proof of the visitor's name and current address;

(ii)if the visitor travelled to the premises in a motor vehicle, the registration number of that motor vehicle; and

(c)provide the nominated person with the following information regarding the proposed entry to the premises or the specified part of the premises—

(i)the proposed time of entry and the proposed period of time that the visitor intends to remain on the premises or the specified part of the premises;

(ii)a statement setting out the purpose of the proposed entry to the premises or the specified part of the premises.

(2)For the purposes of regulation 9(b), a visitor must—

(a)contact the nominated person, in the manner specified in the sign displayed at the premises or the specified part of the premises; and

(b)ask for consent to interfere with, or disturb, any livestock or thing at the premises or the specified part of the premises; and

(c)provide the nominated person with a description of the proposed interference with, or disturbance of, the livestock or thing; and

(d)provide the nominated person with a statement setting out the purpose of that proposed interference or disturbance.

(3)A nominated person, on receiving a request for consent under subregulation (1) or (2), may—

(a)accept the visitor's request, and give consent to the visitor; or

(b)refuse the visitor's request, and not give consent to the visitor.

(4)A nominated person who refuses to give consent to a visitor under subregulation (3)(b) must give notice of that refusal to the visitor.

(5)A notice given under subregulation (4) may be given by electronic means.

11Procedure for a nominated person to give notice of consent to a visitor

(1)A nominated person who gives consent to a visitor under regulation 10(3)(a) must give the visitor a notice in writing stating that the consent is given to the visitor.

(2)A notice under subregulation (1) must include the following information—

(a)the name of the visitor;

(b)the name of the nominated person;

(c)the activities to which the consent relates;

(d)the time that the visitor is permitted to enter the premises or the specified part of the premises;

(e)the period of time that the visitor is permitted to remain on the premises or the specified part of the premises;

(f)if the consent relates to a specified part of a premises, a description or map of the area to which the visitor is permitted to enter and remain.

(3)A notice given under subregulation (1) may be given by electronic means.

12Requirements of visitors who have entered and remained on premises

A visitor must, after leaving a premises or a specified part of a premises to which a biosecurity management plan applies, keep the notice given to the visitor under regulation 11 for a period of 28 days after being given the notice.

13Withdrawal of consent by a nominated person

(1)A nominated person may withdraw consent given under regulation 10(3) at any time.

(2)If consent is withdrawn, the nominated person must immediately give a notice in writing of the withdrawal of the consent to the visitor.

(3)A notice of withdrawal of consent under subregulation (2) must contain the following information—

(a)the information specified in regulation 11(2), that relates to the withdrawn consent;

(b)the name of the nominated person.

(4)A notice given under subregulation (2) may be given by electronic means.

14Person in charge or nominated person who withdraws consent must advise permitted worker

If a person in charge of livestock or a nominated person at a premises or a part of a premises to which a biosecurity management plan applies withdraws consent given to a person to perform duties at the premises or the part of the premises, the person in charge or nominated person must immediately advise the person that—

(a)in order to enter or remain on the premises or the specified part of the premises the person is required to obtain the consent of the nominated person as a visitor to carry out an activity referred to in regulation 9; and

(b)the means of contacting the nominated person to obtain that consent.

Division 3—Prescribed information to be included in signage

15Information to be included in sign affixed at premises

For the purposes of section 50A(2)(a) of the Act, the following information must be contained in a sign affixed at a premises or a specified part of a premises to which a biosecurity management plan applies—

(a)the word "STOP" or "VISITORS";

(b)the means of contacting the nominated person who a visitor must contact to obtain consent to carry out any activity referred to in regulation 9;

(c)the specified manner for contacting the nominated person.

16Requirements for the construction, design, affixing and display of sign affixed at a premises

(1)For the purposes of section 50A(2)(c)(i) of the Act, the requirements for the construction and design of a sign referred to in that section are—

(a)the sign must be comprised of sturdy and durable weather resistant material; and

(b)the sign must—

(i)be at least 290 mm by 385 mm;

(ii)display words that are legible and contrast with any background colour.

(2)For the purposes of section 50A(2)(c)(ii) of the Act, a sign referred to in that section must be securely attached to a gate, fence, signpost, building or other solid permanent structure.

(3)For the purposes of section 50A(2)(c)(ii) of the Act, a sign referred to in that section must be displayed—

(a)at every motor vehicle access point of a premises or a specified part of a premises; or

(b)if there is no motor vehicle access point at a premises or a specified part of a premises, at every pedestrian access point of the premises or the specified part of the premises.

(4)For the purposes of section 50A(2)(d) of the Act, the prescribed additional requirements for a sign referred to in that section are that the sign is maintained in good condition and legible.

(5)For the purposes of section 50A(4) of the Act, the prescribed circumstances are the following—

(a)the person is performing a function or duty conferred on the person under this Act or another law;

(b)the person is assisting a member of Victoria Police personnel within the meaning of the Victoria Police Act 2013 who is performing a function or duty conferred on the member under that Act or another law.

Part 4—Offences and infringement offences and penalties

Division 1—Offences

17Request for consent must not be false or misleading

A visitor must not make a request for consent to a nominated person under regulation 10(1) or (2) that includes any information or a statement that is false or misleading.

Penalty:20 penalty units.

18Inspection of notice of consent

A visitor who has been given a notice of consent under regulation 11 that is in force in respect of a premises or a specified part of a premises to which a biosecurity management plan applies, must make that notice available for inspection by an inspector or a police officer at any time that the visitor enters or remains on the premises or the specified part of the premises.

Penalty:20 penalty units.

Division 2—Infringement offences and penalties

19Infringement offences

Regulations 17 and 18 are prescribed for the purposes of section 51 of the Act.

20Infringement penalties

For the purposes of section 52 of the Act, the prescribed infringement penalty for an infringement offence specified in Column 2 of the Table is the amount specified in Column 3 of the Table for that infringement offence.

Table

Column 1 Item No.	Column 2 Infringement Offence	Column 3 Infringement Penalty
1	Section 50A	For a natural person, 7 penalty units. For a body corporate, 45 penalty units.
2	Section 50B	3 penalty units
3	Regulation 17	3 penalty units
4	Regulation 18	3 penalty units

'.

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Endnotes

[1] Reg. 4: S.R. No. 159/2021.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.