Stock Diseases (Amendment) Act 1991 (NSW)

STOCK DISEASES (AMENDMENT) ACT 1991 No. 31

NEW SOUTH WALES

TABLE OF PROVISIONS

1.      Short title

2 .      Commencement

3. Amendment of Stock Diseases Act 1923 No. 34

SCHEDULE 1—AMENDMENTS RELATING T O C0NTROL OF FOOTROT ETC.
SCHEDULE 2—AMENDMENTS RELATING T O OFFENCES
SCHEDULE 3—AMENDMENTS RELATING TO ADMINISTRATIVE MATTERS
SCHEDULE 4—AMENDMENTS BY WAY OF STATUTE LAW REVISION

STOCK DISEASES (AMENDMENT) ACT 1991 No. 31

NEW SOUTH WALES

Act No. 31, 1991

An Act to amend the Stock Diseases Act 1923 for the purpose of eradicating or reducing the incidence of footrot and other animal diseases by providing for the temporary closure of roads, travelling stock reserves

and other public places to certain kinds of walking and grazing stock; and for other purposes. [Assented to 8 October 1991]

Act No. 31

2

Stock Diseases (Amendment) 1991

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Stock Diseases (Amendment) Act

1991.

Commencement

2. (1) This Act commences on a day or days to be appointed by

proclamation, except as provided by subsection (2).

(2) Sections 1 and 2, Schedule 4 and section 3, in its application to that

Schedule, commence on the date of assent to the Act.

Amendment of Stock Diseases Act 1923 No. 34

3. The Stock Diseases Act 1923 is amended as set out in Schedules

14.

SCHEDULE l—AMENDMENTS RELATING TO CONTROL

OF FOOTROT ETC.

(Sec. 3)

(1) Part 4, Division 2A:

After Division 2 of Part 4, insert:

Division 2A—Control of footrot and other

designated diseases

Definitions

15A. In this Division:
“designated disease” means footrot or any other disease

declared, by order made by the Governor and published in the Gazette, to be a designated disease for the purposes of this Division;

“public place” means any place (other than a road) that is open to the public as of right and without payment of a fee;

“road” means a public road, a Crown road or a quarter sessions road as respectively defined in the Crown and Other Roads Act 1990;

“travelling stock reserve” has the same meaning as in

the Rural Lands Protection Act 1989.

Stock Diseases (Amendment) 1991

SCHEDULE 1—AMENDMENTS RELATING TO CONTROL OF

FOOTROT ETC—continued

Power of Minister to close certain roads, travelling stock reserves and public places

15B. ( 1) The Minister may, in the circumstances set out in subsection (2), make an order declaring:

(a) all roads, travelling stock reserves and public places; or

(b) roads, travelling stock reserves or public places of a specified class or description,

located within a specified area to be closed to walking and grazing stock or to walking and grazing stock of a specified class.

(2) An order under this section may be made whenever the Minister is of the opinion that all or some of the walking or grazing stock referred to in subsection (1) may be infected with a designated disease and could, if allowed to walk over or graze on the roads, travelling stock reserves or public places, or roads, travelling stock reserves or public places of a specified class or description, located within a specified area:

(a)	cause those roads, reserves or places to become infected with the disease; or
(b)	cause other stock within the area to become infected with the disease; or
(c)	where holdings, roads, travelling stock reserves and public places within the area are currently not infected with the disease—expose those holdings, roads, reserves and places to the disease.

(3) In making such an order, the Minister may, in specified circumstances or subject to specified conditions, exempt stock or stock of a specified class from the operation of the order.

(4) An order under this section may be made so as to remain in force in respect of a specified area for a period not exceeding 3 months from and including:

(a) the day after its publication under subsection (5) or, if an earlier order is still in force in respect of that area at the time of publication under that subsection, the day after the day on which the earlier order expires; or

(b) if a later day is specified in the order, that later day.

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Stock Diseases (Amendment) 1991

SCHEDULE l—AMENDMENTS RELATING TO CONTROL OF

FOOTROT ETC—continued

(5) An order made under this section must be published in an approved newspaper that circulates within the specified area concerned.

(6) In subsection (5), “approved” means approved by the Chief of the Division of Animal Health.

(7) The owner of stock to which an order made under this section applies and the person in charge of the stock (if not their owner) must, unless exempted by a provision of the order or unless subsection (8) applies, each ensure that the stock do not walk over or graze on a road, travelling stock reserve or public place that the order declares to be closed.

(8) If the boundary between a holding and a road or travelling stock reserve has never been fenced, a person who owns or is in charge of stock that are kept on the holding does not fail to comply with subsection (7) merely because the person has failed to ensure that the stock have not walked over or grazed on the road or reserve.

(9) Subsection (8) applies only if the stock concerned are free of the designated disease and the holding and the part of the road or travelling stock reserve adjoining the holding are not within a quarantine area.

Effect of closure orders

15C. (1) While a closure order under section 15B is in force, all walking stock permits, grazing permits, stock licences and stock holding authorities are suspended as regards the walking or grazing of stock to which the order applies over or on the roads and travelling stock reserves that are affected by the order, except to the extent specified in the order.

(2) In this section, “walking stock permit”, “grazing permit”, “stock licence” and “stock holding authority” have the same meanings as in the Rural Lands Protection Act 1989.

undertakings etc.)

Section 20H (Compliance with proclamations, orders,

After section 20H (1) (c), insert:

Stock Diseases (Amendment) 1991

SCHEDULE l—AMENDMENTS RELATING TO CONTROL OF

FOOTROT ETC—continued

(cl) contravene a condition subject to which the person is, or any stock belonging to the person or in the person's charge are, exempt from the operation of an order made under this Act; or

SCHEDULE 2—AMENDMENTS RELATING TO OFFENCES

(Sec. 3)

(1) Section 20J (Supplying false etc. information):

At the end of the section, insert:
(2) A person must not, in the course of or in connection with selling stock, make a statement to the effect:

(a)	that the stock are free from disease or from a specified disease; or
(b)	that the stock have not been on land that is infected with disease or with a specified disease; or
(c)	where the person is not the owner or person in- charge of the stock-that the owner or person in charge of the stock has certified or stated that the stock are free from disease or from a specified disease,

if the person either knows that the statement is false or misleading with respect to a material particular or is recklessly indifferent as to the truth or falsity of the statement with respect to such a particular.

Maximum penalty: 100 penalty units.

(2) Sections 20N and 20O:

After section 20M, insert:
Offences by officers of corporations

Act or the regulations, each officer of the corporation is taken 20N. (1) If a corporation contravenes a provision of this

to have contravened the provision if the officer knowingly
authorised or permitted the contravention.

(2) An officer of a corporation may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or convicted under the provision.

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Stock Diseases (Amendment) 1991

SCHEDULE 2—AMENDMENTS RELATING TO OFFENCES

continued

(3) Nothing in this section affects a liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.

(4) In this section, “officer”, in relation to a corporation, means a director of the corporation or a person who is otherwise concerned in its management.

Penalty notices

20O. (1) In this section, “prescribed offence” means an offence against this Act or the regulations that is prescribed by the regulations for the purposes of this section.
(2) An inspector authorised under subsection (3) may serve a penalty notice on a person if it appears to the inspector that the person has committed a prescribed offence.

(3) The Chief of the Division of Animal Health may in writing authorise an inspector to exercise the power conferred by subsection (2) and may, whenever appropriate, revoke such an authorisation by notice in writing given to the inspector.

(4) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the period and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.

(5) A penalty notice may be served personally or by post. (6) If the amount of penalty prescribed for an alleged

offence is paid in accordance with a penalty notice, no person
is liable to further proceedings for the alleged offence.

(7) Payment under this section is not to be regarded as an admission of liability for the purpose of, and is not in any way to affect or prejudice, any civil proceeding arising out of the same occurrence.

The regulations may do all or any of the following: prescribe an offence for the purposes of this section by specifying the offence or referring to the provision creating the offence;

prescribe the amount of penalty payable for the offence

if dealt with under this section;

Stock Diseases (Amendment) 1991

SCHEDULE 2—AMENDMENTS RELATING TO OFFENCES

continued

(c)

prescribe different amounts of penalties for different offences or classes of offences.

(9) The amount of a penalty prescribed under this section

must not exceed the maximum amount of penalty which
could be imposed for the offence by a court,

(1 0) This section does not limit the operation of any other provision of, or any other provision made under, this or any other Act relating to proceedings that may be taken in respect of offences.

SCHEDULE 3—AMENDMENTS RELATING TO

ADMINISTRATIVE MATTERS

(Sec. 3)

(1) Section 8 (Further powers of inspectors):

From section 8 (1) (cl), omit “in or to the effect of the form prescribed”, insert instead “in a form prescribed by the Chief of the Division of Animal Health”.

(2) Section 9 (Occupier etc, to give notice):

From section 9 (3), omit “shall be in or to the effect of the prescribed form and”.

(3) Section 11 (Undertaking in certain cases):

From section 11 ( l ) , omit “in the prescribed form”, insert instead “in a form acceptable to the Minister”.

(4) Section 13 (Power to order fencing):

From section 13 (2), omit “in the prescribed manner”, insert instead “ , by notice in writing,”.

(5) Section 16 (Musters):

(a)	From section 16 (l), omit “the prescribed brand”, insert instead “an approved brand”.
(b)	From section 16 (2)–(4), omit “the prescribed brand” wherever occurring, insert instead “the appropriate approved brand”.

(c) After section 16 (4), insert:

(5) In this section, “approved” means approved by the Chief of the Division of Animal Health.

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Stock Diseases (Amendment) 1991

SCHEDULE 3—AMENDMENTS RELATING TO

ADMINISTRATIVE MATTERS—continued

(6) Section 17 (Power to order destruction):

From section 17 (l), omit “the same in the manner prescribed, or to dispose of the same”, insert instead “or dispose of the stock, carcass, produce, fodder or article”.

the Minister or some other Minister has certified the grant of

Omit section 17 (2) (d), insert instead: (d) The inspector may act under any such authority only if

the authority either in writing or by means of an
electronically recorded message.

(7) Section 19A (Identification of certain cattle, swine and other

stock):

Omit section 19A (4), insert instead:

(4) Subsection (3) does not apply to a person or class of persons exempted by the regulations, but only if the person complies, or persons of that class comply, with the requirements (if any) of the regulations relating to:

(a)	the sale of the cattle, swine or other stock concerned; or
(b)	the sending or delivering of the cattle, swine or other stock concerned to an abattoir for slaughter or to a saleyard or any other place for sale,

as the case may be.

(5) The provisons of section 3 (b) and (c) (ii) do not apply to the sending or delivering of cattle or other stock (not being swine to which this section applies) to an abattoir for slaughter if the cattle or other stock are sent or delivered for slaughter within 7 days after being purchased in New South Wales.

(8) Section 19B (Licence to keep stock):

Omit the section.

(9) Section 19F (Authority for the manufacture of tags):

(a)	In section 19F (l), after “in possession of an order”, insert “in writing”.
(b)	From section 19F (1) (a), omit “in or to the effect of the prescribed form”.

Stock Diseases (Amendment) 1991

SCHEDULE 3—AMENDMENTS RELATING TO

ADMINISTRATIVE MATTERS—continued

(10) Section 23 (Power to make regulations):

Omit section 23 (1) (a).

SCHEDULE 4—AMENDMENTS BY WAY OF

STATUTE LAW REVISION

(Sec. 3)

(1) Section 3 (Definitions):

(a)	From the definition of “Holding” in section 3 (1), omit “‘section 39 of the Pastures Protection Act 1934”, insert instead “section 57 of the Rural Lands Protection Act 1989”.
(b)	From the definition of “Veterinary surgeon” in section 3 (l),
omit “ 1 9 2 3 ” , insert instead “ 1 9 8 6 ” .

(2) Section 6A (Police officers may exercise the powers of

inspectors) and section 19 (Power to seize stock):

From sections 6A and 19, omit “member of the police force” wherever occurring, insert instead “police officer”.

(3) Section 7 (Powers of inspectors):

From section 7 (4), omit “regional veterinary officer of the Department of Agriculture”, insert instead “Regional Director of Veterinary Services”.

(4) Section 8 (Further powers of inspectors):

From section 8 (1) (b), omit “the owner, person, or occupier as aforesaid”, insert instead “that owner, person or

occupier”

From section 8 (1) (b), omit “the owner, person or occupier as aforesaid,”, insert instead “that owner, person or occupier”.

From section 8 (2), omit “mutatis mutandis”, insert instead

“with appropriate modifications”.

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Stock Diseases (Amendment) I991

SCHEDULE 4—AMENDMENTS BY WAY OF STATUTE LAW

REVISION—continued

(5) Section 8B (Suspected person to give name and place of

residence):

(a)	From section 8B, omit “abode” wherever occurring, insert instead “residence”.
(b)	From section 8B (2), omit “as aforesaid”, insert instead “under this section”.
(c)

From section 8B (2), omit “shall be deemed to have is guilty of an offence.

Maximum penalty: 100 penalty units.

(6) Section 8C (Personation of inspector):

Omit “shall be deemed to have contravened the provisions of
this Act”, insert instead:

is guilty of an offence.

Maximum penalty: 100 penalty units.

(7) Section 9 (Occupier etc. to give notice):

(a) From section 9 (3) (a), omit ‘‘the pastures protection board, within the meaning of the Pastures Protection Act 1934, for the pastures protection district”, insert instead “the rural lands protection board for the rural lands protection district”.

(b) Omit section 9 (3) (b), insert instead:

(b) the district veterinarian for that district;

(c)	From section 9 (3) (c), omit “regional veterinary officer of the Department of Agriculture”, insert instead “Regional Director of Veterinary Services”.
(d)	From section 9 (3A), omit “Pastures Protection Act 1934”, insert instead “Rural Lands Protection Act 1989”.
(e)	From section 9 (4), omit “veterinary inspector”, insert instead “district veterinarian”.
(f)	From section 9 (6), omit “was committed”, insert instead “is alleged to have been committed”.

Stock Diseases (Amendment) 1991

SCHEDULE 4—AMENDMENTS BY WAY OF STATUTE LAW

REVISION—continued

(8) Section 12A (Powers of inspectors to stop, enter and search

vehicles etc.):

From section 12A (5), omit “shall be deemed to have
contravened the provisions of this Act.”, insert instead:

is guilty of an offence.

Maximum penalty: 100 penalty units.

(9) Section 13 (Power to order fencing):

.From section 13 (4), omit “1902”, insert instead “ 1 9 5 1 ” .

(10) Section 17B (Foot and Mouth Disease Eradication Fund):

(a)	In section 17B (1) (a), after “State”, insert “or any Territory”.
(b)	In section 17B (1) (a), after “other States”, insert “, such Territories”.

(c) In section 17B (3), after “the other States”, insert the

Territories”.

(d) In section 17B (3), after “those other States”, insert “ , those

Territories”.

(e) From section 17B (4), omit “Revenue”.

(11) Section 17E (Claims):

From section 17E (2) (c), omit “of the Parliament”.

(12) Section 17G (Mode of valuation):

From section 17G (1) (c), omit “section 31”, insert instead

“section 18F”.

(13) Section 20C (Movement of stock):

From section 20C (2) (c), omit “Pastures Protection Act 1934”, insert instead “Rural Lands Protection Act 1989”.

(14) Section 20E (Infected carcass not to be left near mad, river

etc.):

Omit “carcase” wherever occurring, insert instead “carcass”.

(15) Section 23 (Power to make regulations):

From section 23 (1) (f), omit “carcases”, insert instead
“carcasses”.

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Stock Diseases (Amendment) 1991

SCHEDULE 4—AMENDMENTS BY WAY OF STATUTE LAW

REVISION—continued

(16) Schedule 1, clause 7 (Effect of certain other Acts):

Omit clause 7 (l), insert instead:

( 1 ) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member of the Board.

[Minister's second reading speech made in—

Legislative Assembly on 2 July 1991

Legislative Council on 24 September 1991]