Stock Amendment Regulation (No. 1) 2014 (Qld)
Case
No judgment structure available for this case.
Queensland Stock Amendment Regulation (No. 1) 2014 Subordinate Legislation 2014 No. 170 made under the StockAct1915 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 57 (Restrictions for animal and animal-contaminated matter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 58 (Restriction on feeding ruminants—warning statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Replacement of s 59 (Exemptions for pt 8) . . . . . . . . . . . . . . . . . 3 59 Exemptions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new ss 59AA–59AD. . . . . . . . . . . . . . . . . . . . . . . . . . 6 59AA Treatment of used cooking fat or oil before feeding to stock 6 59AB Approval of process for treating other matter before feeding to stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 59AC Approval of research involving feeding stock . . . . . . . 7 59AD Chief executive may make emergency declaration suspending or limiting exemptions under s 59 . . . . . . 7 7 Amendment of s 59D (Definitions for pt 8A) . . . . . . . . . . . . . . . . . 8 8 Replacement of s 59E (Meaning of epidemiological group in a commercial flock) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 59E Meaning of epidemiological group in a commercial flock 10 9 Replacement of s 59F (Meaning of serological monitoring) . . . . . 11 59F Meaning of biological monitoring of a commercial flock 11 10 Insertion of new s 59FA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Stock Amendment Regulation (No. 1) 2014 Contents 59FA Chief executive to publish documents . . . . . . . . . . . . 13 11 Amendment of s 59G (Introducing domestic fowl) . . . . . . . . . . . . 13 12 Amendment of s 59H (Domestic fowl introduced from 1 April 2006 for immediate slaughter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13 Amendment of s 59I (Domestic fowl reared in the State) . . . . . . . 14 14 Amendment of s 59L (Serological monitoring) . . . . . . . . . . . . . . . 14 15 Insertion of new pt 8A, div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3A Surveillance program Subdivision 1 Preliminary 59OA Newcastle disease surveillance program . . . . . . . . . . 15 Subdivision 2 Application for inclusion in surveillance program 59OB Application for inclusion of commercial flock in surveillance program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 59OC Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 17 59OD Notice of refusal or approval subject to conditions . . . 17 Subdivision 3 Cancellation of approval for a commercial flock 59OE Grounds for cancelling approval . . . . . . . . . . . . . . . . . 18 59OF Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 59OG Representations about show cause notice. . . . . . . . . 19 59OH Ending show cause process without further action . . 19 59OI Cancellation of approval . . . . . . . . . . . . . . . . . . . . . . . 19 59OJ Vaccination of commercial flock on cancellation of approval 20 Subdivision 4 Suspension and cancellation of surveillance program 59OK Suspension of surveillance program . . . . . . . . . . . . . 21 59OL Resumption of surveillance program . . . . . . . . . . . . . 22 59OM Effect of suspension on approvals for commercial flocks 23 59ON Cancellation of surveillance program . . . . . . . . . . . . . 23 59OO Effect of cancellation on approvals for commercial flocks 24 59OP Vaccination of commercial flocks on suspension or cancellation of surveillance program . . . . . . . . . . . . . 24 16 Amendment of s 59S (Chief inspector may require serological monitoring) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 17 Amendment of s 59Z (Serological monitoring) . . . . . . . . . . . . . . . 25 18 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 25 Page 2 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 1] 1 Short title This regulation may be cited as the Stock Amendment Regulation (No. 1) 2014 . 2 Regulation amended This regulation amends the Stock Regulation 1988. 3 Amendment of s 57 (Restrictions for animal and animal-contaminated matter) (1) Section 57(2)(a), after ‘feed’— insert— , or direct or allow someone else to feed, (2) Section 57(2)(b)— omit. (3) Section 57— insert— (4) Also for subsection (2)(a), a person does not direct or allow someone else to feed matter to stock merely because the person supplies or transports the matter to the other person. 4 Amendment of s 58 (Restriction on feeding ruminants—warning statement) Section 58(1) and (2), before ‘allow’— insert— direct or 5 Replacement of s 59 (Exemptions for pt 8) Section 59— omit, insert— 2014 SL No. 170 Page 3
Stock Amendment Regulation (No. 1) 2014 [s 5] 59 Exemptions for pt 8 (1) This section applies for a proceeding against a person for an offence against section 37(1) of the Act constituted by a contravention of this part. (2) Subject to section 59AD, it is an exemption for the offence (an offence exemption ) if the contravention was any of the following acts (each a relevant act )— (a) feeding any of the following to stock— (i) gelatin; (ii) milk of Australian origin; (iii) milk or a milk product lawfully imported into Australia; (iv) a milk product made in Australia from— (A) milk of Australian origin; or (B) milk or a milk product lawfully imported into Australia; (v) rendered animal fat; (b) feeding meal to stock other than a ruminant; (c) feeding animal matter or animal-contaminated matter to stock if— (i) the source animal and the stock to which the matter is fed— (A) are of the same species; and (B) were born on the same property and have never left that property; and (ii) the feeding is done by a veterinary surgeon, or carried out under a direction given by a veterinary surgeon, for an animal health purpose; Page 4 2014 SL No. 170
2014 SL No. 170 Stock Amendment Regulation (No. 1) 2014 [s 5] (d) feeding animal-contaminated matter to stock if the matter is used cooking fat or oil that has been treated under section 59AA; (e) feeding animal-contaminated matter, other than used cooking fat or oil, to stock if the matter has been treated under a process approved by the chief veterinary officer under section 59AB; (f) feeding animal matter or animal-contaminated matter to stock under research approved by the chief executive under section 59AC; (g) directing or allowing someone else to carry out feeding mentioned in paragraph (a) to (f); (h) allowing, or failing to take every reasonable measure to prevent, stock access to a thing that may be fed to the stock under paragraph (a) to (f); (i) supplying a thing to someone else for the purpose of feeding mentioned in paragraph (a) to (f); (j) using animal matter or animal-contaminated matter in a poisoned bait to kill dingoes or feral pigs. (3) If an offence exemption applies to a relevant act, the person does not commit the offence that would otherwise be committed by the act. (4) The Justices Act 1886 , section 76 applies to an offence exemption. (5) In this section— milk product includes a milk by-product. source animal — (a) in relation to animal matter, means the animal of which the animal matter is a Page 5
Stock Amendment Regulation (No. 1) 2014 [s 6] carcass or from which the animal matter is derived; or (b) in relation to animal-contaminated matter, means the source animal under paragraph (a) for the relevant animal matter. 6 Insertion of new ss 59AA–59AD Part 8, division 1, after section 59— insert— 59AA Treatment of used cooking fat or oil before feeding to stock (1) This section states the requirement for treating animal-contaminated matter for section 59(2)(d). (2) The matter must be treated by— (a) heating it to at least 70ºC for at least 30 minutes; and (b) while the matter is at least 70ºC, removing water and solids (including floatable solids) from it by both— (i) filtration or screening; and (ii) settling or centrifugation, then draining off the water and solids. (3) If the stock to which the matter is to be fed is a ruminant, the matter must be processed so that not more than 2%w/w of the matter is moisture and insoluble impurities. Page 6 59AB Approval of process for treating other matter before feeding to stock (1) For section 59(2)(e), the chief veterinary officer may approve a process for treating matter only if satisfied the process will reduce the level of risk of transmission of an animal disease to a level equivalent to the level that would be achieved by 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 6] treating the matter under section 59AA(2) and (3). (2) The chief veterinary officer must publish each approval under subsection (1) on the department’s website. 59AC Approval of research involving feeding stock For section 59(2)(f), the chief executive may approve research if satisfied it will be conducted under controls that ensure— (a) any risks posed by the research are able to be managed in a way that protects the health and safety of people and animals; and (b) a person conducting the research will know the location of all stock involved in the research at all times. 59AD Chief executive may make emergency declaration suspending or limiting exemptions under s 59 (1) The chief executive may make a declaration under this section if satisfied that— (a) there is an emergency involving an incursion of an exotic animal disease or an outbreak of an animal disease, or a significant risk of an incursion or outbreak; and (b) to respond appropriately to the emergency, it is necessary to temporarily stop or limit the application of the offence exemptions or a particular offence exemption. (2) The chief executive may, by signed notice published on the department’s website, declare that— (a) for a stated relevant act, or for all relevant acts, no offence exemption applies; or 2014 SL No. 170 Page 7
Stock Amendment Regulation (No. 1) 2014 [s 7] (b) for a stated relevant act, or for all relevant acts, an offence exemption applies only subject to a stated condition. (3) The notice must state— (a) the day on which the declaration commences, which may not be earlier than the day the notice is published on the department’s website; and (b) the period, of not more than 30 days, for which the declaration has effect. (4) The chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of its effect. (5) However, a declaration is not invalid only because of a failure of the chief executive to comply with subsection (4). (6) If a relevant act is done while a declaration applying to the relevant act is in force under this section— (a) for a declaration under subsection (2)(a)—no offence exemption applies to the relevant act; or (b) for a declaration under subsection (2)(b)—an offence exemption applies to the relevant act only to the extent stated in the declaration. (7) In this section— offence exemption see section 59(2). relevant act see section 59(2). 7 Amendment of s 59D (Definitions for pt 8A) (1) Section 59D, definitions Newcastle disease document and serological monitoring — Page 8 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 7] omit. (2) Section 59D— insert— Animal Health Australia means Australian Animal Health Council Ltd ACN 071 890 956. approval , for a commercial flock, means the approval of the chief inspector under section 59OC for the flock to be included in the Newcastle disease surveillance program. biological monitoring , of a commercial flock, see section 59F. corresponding surveillance program means a program that— (a) corresponds to the Newcastle disease surveillance program; and (b) is administered by an authority or official of another State whose functions under the other State’s laws correspond to the functions of the chief inspector under this part. meat chicken means a chicken that— (a) is being grown for meat; and (b) is intended by its owner to be grown to an age of at least 12 weeks but not more than 24 weeks. Newcastle disease document means the document called ‘National Newcastle Disease Management Plan 2013–16’ published by Animal Health Australia. Note — The chief executive must publish the Newcastle disease document and make it available for inspection. See section 59FA. 2014 SL No. 170 Page 9
Stock Amendment Regulation (No. 1) 2014 [s 8] Newcastle disease surveillance program see section 59OA. standard operating procedures means the document called ‘Newcastle disease vaccination program—standard operating procedures’ published by Animal Health Australia. Note — The chief executive must publish the standard operating procedures and make them available for inspection. See section 59FA. (3) Section 59D, definition approved way , ‘Newcastle disease document’— omit, insert— standard operating procedures (4) Section 59D, definition Newcastle disease immune , ‘Newcastle disease document’— omit, insert— standard operating procedures 8 Replacement of s 59E (Meaning of epidemiological group in a commercial flock) Section 59E— omit, insert— 59E Meaning of epidemiological group in a commercial flock (1) A group of domestic fowl in a commercial flock is an epidemiological group if— (a) the group— (i) is isolated from all other fowl; and (ii) is managed as a single unit and under the same biosecurity conditions; and (b) all the fowl in the group are the same breed, class and age group; and Page 10 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 9] (c) either— (i) all the fowl in the group are vaccinated and have an equivalent vaccination status; or (ii) not all the fowl in the group are vaccinated. (2) In this section— equivalent vaccination status , in relation to domestic fowl, means the fowl— (a) have been vaccinated with the same type of vaccine; and (b) are likely to have the same, or a similar, immunological status. vaccinated , in relation to a domestic fowl, means the fowl— (a) has been vaccinated— (i) in the approved way; or (ii) in accordance with an approved alternative vaccination program; or (b) has a vaccination certificate. 9 Replacement of s 59F (Meaning of serological monitoring) Section 59F— omit, insert— 59F Meaning of biological monitoring of a commercial flock (1) Biological monitoring , of a commercial flock, means doing the following under this section— (a) for a vaccinated flock—monitoring the effectiveness of a program for vaccinating the flock against Newcastle disease; 2014 SL No. 170 Page 11
Stock Amendment Regulation (No. 1) 2014 [s 9] (b) for an unvaccinated flock—monitoring the flock for the presence of the Newcastle disease virus. (2) Biological monitoring of a commercial flock includes— (a) taking samples from domestic fowl in an epidemiological group in the flock; and (b) testing the samples for the presence of Newcastle disease. (3) The samples must be taken— (a) in the approved way; or (b) in another way approved by the chief inspector. (4) The samples must be tested by a laboratory that— (a) is accredited by NATA to conduct the monitoring; and (b) is a participant in ANQAP. (5) In this section— ANQAP means the Australian National Quality Assurance Program. NATA means the National Association of Testing Authorities, Australia. sample , in relation to a domestic fowl, means— (a) a specimen of the fowl’s blood; or (b) a swab of the fowl’s trachea; or (c) a swab of the fowl’s cloaca. unvaccinated , in relation to a commercial flock, means a flock that includes one or more domestic fowl that have not been vaccinated. Page 12 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 10] vaccinated , in relation to a commercial flock, means that either of the following applies to each domestic fowl in the flock— (a) the fowl has been vaccinated— (i) in the approved way; or (ii) in accordance with an approved alternative vaccination program; (b) has a vaccination certificate. 10 Insertion of new s 59FA Part 8A, division 1— insert— 59FA Chief executive to publish documents (1) The chief executive must publish the following documents on the department’s website— (a) the Newcastle disease document; (b) the standard operating procedures. (2) The chief executive must also make the documents mentioned in subsection (1) available for inspection during business hours at the department’s head office. 11 Amendment of s 59G (Introducing domestic fowl) Section 59G— insert— (3) Also, subsection (1) does not apply to the introduction of a meat chicken to be placed into a commercial flock if— (a) immediately before its introduction into the flock, the chicken was included in a corresponding surveillance program; and 2014 SL No. 170 Page 13
Stock Amendment Regulation (No. 1) 2014 [s 12] (b) the flock into which the chicken is to be placed is included in the Newcastle disease surveillance program under division 3A. 12 Amendment of s 59H (Domestic fowl introduced from 1 April 2006 for immediate slaughter) Section 59H— insert— (3) However, subsection (1) does not apply to the introduction of a meat chicken for immediate slaughter if, in the chicken’s place of origin, the chicken is included in a corresponding surveillance program. 13 Amendment of s 59I (Domestic fowl reared in the State) Section 59I— insert— (4) Also, subsection (2) does not apply to the placement of a meat chicken into a commercial flock if the flock is included in the Newcastle disease surveillance program under division 3A. 14 Amendment of s 59L (Serological monitoring) (1) Section 59L, heading ‘Serological’— omit, insert— Biological (2) Section 59L, ‘serological’— omit, insert— biological 15 Insertion of new pt 8A, div 3A Part 8A— Page 14 2014 SL No. 170
insert— Division 3A Stock Amendment Regulation (No. 1) 2014 [s 15] Surveillance program Subdivision 1 Preliminary 59OA Newcastle disease surveillance program (1) The Newcastle disease surveillance program is a program administered by the chief inspector for the purpose of monitoring unvaccinated commercial flocks, in a way mentioned in the Newcastle disease document, for the presence of the Newcastle disease virus. (2) The program may include particular requirements applying to the owners of commercial flocks included in the program. (3) Without limiting subsection (2), the program may include requirements about the following— (a) carrying out the biological monitoring of commercial flocks when, and in the way, required by the chief inspector; (b) giving the results of the biological monitoring of commercial flocks to the chief inspector; (c) keeping records for inspection by the chief inspector, including records of any biological monitoring of commercial flocks. (4) In this section— records , of the biological monitoring of a commercial flock, includes the following— (a) the name of the person who carried out the biological monitoring; (b) the reason for carrying out the biological monitoring; 2014 SL No. 170 Page 15
Stock Amendment Regulation (No. 1) 2014 [s 15] (c) the following information for each epidemiological group of domestic fowl in the flock— (i) the fowl’s class, breed and age group; (ii) the address of the place where the fowl are kept and the fowl’s location at the place; Example — A fowl’s location at a place may be given as a row number in a particular shed. (iii) the number of fowl from which samples were taken; (iv) the day the samples were taken; (v) the results of tests carried out on the samples; (vi) the interpretation of the results mentioned in subparagraph (v); (vii) any action taken as a result of the biological monitoring and when the action was taken. sample , in relation to a domestic fowl, see section 59F(5). unvaccinated , in relation to a commercial flock, see section 59F(5). Subdivision 2 Application for inclusion in surveillance program 59OB Application for inclusion of commercial flock in surveillance program (1) The owner of a commercial flock may apply to the chief inspector for the flock to be included in the Newcastle disease surveillance program. Page 16 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 15] (2) The application must be in the approved form. (3) The applicant also must provide any other relevant information reasonably required by the chief inspector to decide the application. 59OC Deciding application (1) The chief inspector must consider the application and decide to approve, or refuse to approve, the application. (2) The chief inspector must approve the application unless either or both of the following apply— (a) the applicant has been granted an approval for a commercial flock that was cancelled under section 59OI; (b) the applicant has been convicted of an offence against section 37(1) of the Actconstituted by a contravention of this part. (3) The chief inspector may approve the application on stated conditions, including conditions about the matters mentioned in section 59OA(3). (4) The chief inspector must give the applicant a written notice of the decision on the application. 59OD Notice of refusal or approval subject to conditions If the chief inspector refuses the application or approves the application on conditions, the chief inspector must give the applicant an information notice about the decision. 2014 SL No. 170 Page 17
Stock Amendment Regulation (No. 1) 2014 [s 15] Subdivision 3 Cancellation of approval for a commercial flock 59OE Grounds for cancelling approval Each of the following is a ground for cancelling an approval for a commercial flock— (a) the chief inspector believes the owner of the flock has not complied, or is not complying, with a requirement of the program; (b) since the approval for the flock was given, the owner of the flock has been convicted of an offence against section 37(1) of the Actconstituted by a contravention of this part. 59OF Show cause notice (1) This section applies if the chief inspector believes a ground exists to cancel an approval for a commercial flock. (2) The chief inspector must give the owner of the flock a notice (a show cause notice ) stating the following— (a) that the chief inspector proposes to cancel the approval for the flock; (b) the grounds for the proposed cancellation of the approval for the flock; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) that the owner may, within a stated period (the show cause period ), make written representations to the chief inspector to show why the approval for the flock should not be cancelled. Page 18 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 15] (3) The show cause period must end at least 28 days after the owner of the flock is given the show cause notice. 59OG Representations about show cause notice (1) The owner of the commercial flock may, within the show cause period, make written representations to the chief inspector about why the approval for the flock should not be cancelled. (2) The chief inspector must consider all representations (the accepted representations ) made under subsection (1). 59OH Ending show cause process without further action If, after considering the accepted representations for a show cause notice, the chief inspector no longer believes a ground exists to cancel the approval for the commercial flock, the chief inspector— (a) must not take any further action about the show cause notice; and (b) must give the owner of the flock a notice that no further action is to be taken about the show cause notice. 59OI Cancellation of approval (1) This section applies if— (a) there are no accepted representations for the show cause notice; or (b) after considering the accepted representations for the show cause notice, the chief inspector— 2014 SL No. 170 Page 19
Stock Amendment Regulation (No. 1) 2014 [s 15] (i) still believes a ground exists to cancel the approval for the commercial flock; and (ii) believes the cancellation of the approval for the flock is warranted. (2) The chief inspector may cancel the approval for the flock. (3) If the chief inspector decides to take action under subsection (2), the chief inspector must as soon as practicable give the owner of the flock an information notice for the decision. (4) The decision takes effect on the later of the following— (a) the day the information notice is given to the owner; (b) the day stated in the information notice for that purpose. 59OJ Vaccination of commercial flock on cancellation of approval (1) This section applies if the chief inspector gives the owner of the commercial flock an information notice under section 59OI. (2) The chief inspector may give the owner of the flock a notice requiring the owner to have the flock vaccinated against Newcastle disease— (a) in the way stated in the notice; and (b) by the date stated in the notice, which must be at least 7 business days after the notice is given to the owner. (3) The owner of the flock must comply with the notice unless the owner has a reasonable excuse. Page 20 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 15] Subdivision 4 Suspension and cancellation of surveillance program 59OK Suspension of surveillance program (1) The chief executive may make a declaration under this section if satisfied that— (a) there is an emergency involving an incursion or outbreak of Newcastle disease, or a significant risk of an incursion or outbreak of the disease; and (b) to respond appropriately to the emergency, it is necessary to suspend the Newcastle disease surveillance program— (i) throughout the entire State; or (ii) in a particular geographical area. (2) The chief executive may, by signed notice published on the department’s website, declare that the program is suspended. (3) The notice must state— (a) the day on which the declaration commences, which may not be earlier than the day the notice is published on the department’s website; and (b) whether the declaration applies for the entire State or for a particular geographical area; and (c) if the declaration applies only for a particular geographical area—details of the area for which the declaration applies. (4) Also, the notice must state— (a) the period for which the declaration has effect; or 2014 SL No. 170 Page 21
Stock Amendment Regulation (No. 1) 2014 [s 15] (b) that the declaration has effect until the chief executive publishes a notice under section 59OL. (5) The chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of its effect. (6) However, a declaration is not invalid only because of a failure of the chief executive to comply with subsection (5). Page 22 59OL Resumption of surveillance program (1) The chief executive may make a declaration under this section if satisfied there is no longer— (a) an emergency involving an incursion or outbreak of Newcastle disease; or (b) a significant risk of an incursion or outbreak of Newcastle disease. (2) The chief executive may, by signed notice published on the department’s website, declare that the suspension of the Newcastle disease surveillance program is ended. (3) The notice must state— (a) the day on which the declaration commences, which may not be earlier than the day the notice is published on the department’s website; and (b) if the declaration under section 59OK applies for a particular geographical area—details of the area for which the declaration under this section applies. (4) The chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of its effect. 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 15] 59OM Effect of suspension on approvals for commercial flocks While a declaration is in force under section 59OK— (a) for a declaration that applies for the entire State—an approval for a commercial flock is taken not to have been given; or (b) for a declaration that applies for a particular geographical area—an approval for a commercial flock kept within the geographical area is taken not to have been given. 59ON Cancellation of surveillance program (1) The chief executive may make a declaration under this section cancelling the Newcastle disease surveillance program if satisfied that the program has not been successful in demonstrating that unvaccinated commercial flocks can be managed without the risk of contracting Newcastle disease. (2) The chief executive may, by signed notice published on the department’s website, declare that the program is cancelled. (3) The notice must state the day on which the declaration takes effect, which may not be earlier than the day the notice is published on the department’s website. (4) The chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of its effect. (5) However, a declaration is not invalid only because of a failure of the chief executive to comply with subsection (4). 2014 SL No. 170 Page 23
Stock Amendment Regulation (No. 1) 2014 [s 16] 59OO Effect of cancellation on approvals for commercial flocks On and from the cancellation of the Newcastle disease surveillance program under section 59ON, an approval for a commercial flock is taken not to have been given. 59OP Vaccination of commercial flocks on suspension or cancellation of surveillance program (1) This section applies if the chief inspector— (a) suspends the Newcastle disease surveillance program under section 59OK; or (b) cancels the Newcastle disease surveillance program under section 59ON. (2) The chief inspector may give the owner of an approved commercial flock a notice requiring the owner to have the flock vaccinated against Newcastle disease— (a) in the way stated in the notice; and (b) by the date stated in the notice, which must be at least 7 business days after the notice is given to the owner. (3) The owner must comply with the notice unless the owner has a reasonable excuse. (4) In this section— approved commercial flock means a commercial flock that, immediately before the suspension or cancellation of the Newcastle disease surveillance program, was the subject of an approval. 16 Amendment of s 59S (Chief inspector may require serological monitoring) (1) Section 59S, heading ‘serological’— Page 24 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 [s 17] omit, insert— biological (2) Section 59S(1) and (3)(a), ‘serological’— omit, insert— biological 17 Amendment of s 59Z (Serological monitoring) (1) Section 59Z, heading— omit, insert— 59Z Records—biological monitoring (2) Section 59Z(1)— omit, insert— (1) This section applies to the owner of a commercial flock if biological monitoring of the flock is carried out because the chief inspector requires the monitoring under section 59L or 59S. (3) Section 59Z(2), ‘serological’— omit, insert— biological (4) Section 59Z(2)(c)(iii), (iv) and (v) ‘of blood’— omit. (5) Section 59Z— insert— (3) In this section— sample , in relation to a domestic fowl, see section 59F(5). 18 Amendment of sch 8 (Dictionary) (1) Schedule 8, definitions chief veterinary officer , rendered animal fat and serological monitoring — 2014 SL No. 170 Page 25
Stock Amendment Regulation (No. 1) 2014 [s 18] omit. (2) Schedule 8— insert— accepted representations see section 59OG(2). Animal Health Australia , for part 8A, see section 59D. approval , for a commercial flock, for part 8A, see section 59D. AS 5008 means the Australian Standard as in force from time to time under that designation (regardless of the edition or year of publication of the standard). biological monitoring , of a commercial flock, for part 8A, see section 59F. chief veterinary officer means the government veterinary officer appointed to perform functions as the chief veterinary officer for the department. corresponding surveillance program , for part 8A, see section 59D. meat chicken , for part 8A, see section 59D. Newcastle disease surveillance program , for part 8A, see section 59OA. rendered animal fat means fat (including tallow) or oil extracted from animal matter by rendering under AS 5008. show cause notice see section 59OF(2). show cause period see section 59OF(2)(d). standard operating procedures , for part 8A, see section 59D. used cooking fat or oil means fat or oil of vegetable or animal origin that has been used to cook food for human consumption. w/w means by weight. Page 26 2014 SL No. 170
Stock Amendment Regulation (No. 1) 2014 ENDNOTES 1 Made by the Governor in Council on 7 August 2014. 2 Notified on the Queensland legislation website on 8 August 2014. 3 The administering agency is the Department of Agriculture, Fisheries and Forestry. © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 SL No. 170 Page 27
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0