Stock Diseases Amendment Act 1995 Regulation amending Stock Diseases (General) Regulation 1992 (1996-206) [GG No 65 of 31.3.1996] (NSW)

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1996—No. 206

STOCK DISEASES ACT 1923—REGULATION

(Relating to penalty notices, the feeding of prohibited substances to stock and

other matters)

NEW SOUTH WALES

[Published in Gazette No. 65 of 31 May 1996]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Stock Diseases Act 1923, has been pleased to make the Regulation set forth hereunder.

RICHARD AMERY, M.P.,

Minister for Agriculture.

Commencement
1. This Regulation commences on 1 June 1996.

Amendments

2. The Stock Diseases (General) Regulation 1992 is amended:

(a) by omitting clause 5;
(b) by omitting clause 33;
(c) by omitting clause 35 and by inserting instead the following clause:
Feeding of prohibited substances to stock
35. (1) For the purposes of section 20FB (3) of the Act, all stock other than swine are prescribed. That is, section 20FB of the Act applies only in relation to swine.
(2) Feral pigs are also prescribed for the purposes of section 20FB (3) of the Act in respect of prohibited substances that are fed to them for the purpose of suppressing or controlling their numbers, but only if those substances are fed to them in a manner approved by the Chief, Division of Animal Industries.
1996—No. 206

(3) For the purposes of section 20FB (4) of the Act, the following substances are prescribed as prohibited substances in relation to swine:

(a)

the meat, bones, blood, offal or other part of the carcass of any animal or bird;
(b) the eggs or excreta of any animal or bird;

(c) any substance produced from or containing a substance referred to in paragraph (a) or (b) other than:
(i) a stock food or medicine registered or approved under an Act; or
(ii) a substance that has been processed at premises, and in a manner, approved by the Chief, Division of Animal Industries;

(d)

any household or commercial waste, foodstuffs, garbage or other food refuse, other than bakery, fruit or vegetable waste;

(e)

any household or commercial waste, foodstuffs, garbage or other food refuse that has been kept in, and is fed to the stock from, a receptacle that contains or has contained a substance included in paragraph (a), (b) or (c).

(d)	by inserting after clause 35 the following clauses:

Penalty notice offences

35A. For the purposes of section 20O (Penalty notices) of the

Act:

(a)

each offence created by a provision specified in Column 1 of Schedule 2 is declared to be a penalty notice offence; and

(b)

the prescribed penalty for such an offence is the amount specified in Column 3 of Schedule 2.
Short descriptions
35B. (1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 2 is:
(a) the expression specified in Column 2 of that Schedule; or

(b)

if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

1996—No. 206

(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 2, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.
(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to Rave been committed before the amendment or repeal.
(e) by inserting after Schedule 1 the following Schedule:
SCHEDULE 2

(Cll. 35A, 35B)

Column 1 Column 2 Column

3

Provision Short description Penalty
Offences under the Stock Diseases Act 1923

Section 9 ( 1) being occupier of landowner $400
of stock/person in charge of
stock fail to notify disease
Section 9 (2) being veterinary surgeon/person $400
attending stock/person
consulted on stock fail to
notify disease
Section 12A (5) (a) fail to stop vehicle/keep $200
vehicle stationary
Section 19D (1) sell/cause/permit sale of $400
unidentified stock

1996—No. 206

Section 19D (2) send/deliver/cause/permit $400
sending/delivery of unidentified
stock
Section 20 illegally introduce stock $200
Section 20C ( 1) (a) move stock across quarantine $300

line/cause/permit stock to be moved across quarantine line
Section 20C ( l ) (b) move stock into protected $300
area/cause/permit stock to be
moved into protected area
Section 20C (1) (c) move stock/cause/permit stock $300
to be moved in/within/out of
quarantine area/infected land
Section 20C (2) (a) move infected stock/cause/ $400
permit infected stock to be
moved on/along/across public
road/railway
Section 20C (2) (b) move infected stock/cause/ $400
permit infected stock to be
moved in/through public place
Section 20C (2) (c) move infected stock/cause/ $400
permit infected stock to be
moved to/on/across land
Section 20FB (1) feed prohibited substance to $400
stock
Section 20FB (1) cause/permit stock to feed on $400
prohibited substance
Section 20FB (2) fail to prevent stock access to $400
prohibited substance
Offences under the Stock Diseases (General) Regulation

1992

Clause 4 (1)	move stock/thing out of	$300
quarantine area in breach of permit

1996—No. 206

Clause 4 (2) move stock/thing across $300
quarantine line in breach of
permit
Clause 6 fail to notify footrot in sheep/ $200
goats
(f) by omitting Forms 7 and 8 from Schedule 1.

EXPLANATORY NOTE

The objects of this Regulation are:

(a) to identify the offences under the Stock Diseases Act 1923 and the Stock Diseases (General) Regulation 1992 that can be dealt with by penalty notice and to prescribe the penalties applicable if the offences are dealt with in that way (clause 2 (d) and (e)); and
(b) to prescribe short descriptions for use in describing those offences in informations, complaints, summonses, warrants, notices, orders and other documents (in particular the descriptions are for use in penalty notices) (clause 2 (d) and (e)); and
(c) to prescribe prohibited substances, which must not be fed to certain animals (namely swine) (clause 2 (c)); and
(d) to omit prescribed forms of traffic signs, which will in future be approved by the Chief, Division of Animal Industries (clause 2 (b) and ( f ) ; and
(e) to omit a provision that regulates the movement of sheep or goats into a protected area for footrot as the movement of stock into a protected area can be regulated by notification of the Minister under section 1 1 a of the Act (the section provides for the declaration of protected areas and for the restriction or prohibition on the movement of stock into those areas) (clause 2 (a)).

This Regulation is made under the Stock Diseases Act 1923, including section 23 (the general regulation making power), section 20FB (feeding of prohibited substance to stock), and section 200 (penalty notices) extended as provided by section 145B (3) of the Justices Act 1902 (which provides for the regulations under the Act creating an offence to prescribe a short description for the offence).

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Stock Diseases Amendment Act 1995 - Regulation amending Stock Diseases (General) Regulation 1992 (1996-206) [GG No 65 of 31.3.1996] (NSW)

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(a)	by omitting clause 5;
(b)	by omitting clause 33;
(c)	by omitting clause 35 and by inserting instead the following clause:

(d)	any household or commercial waste, foodstuffs, garbage or other food refuse, other than bakery, fruit or vegetable waste;
(e)	any household or commercial waste, foodstuffs, garbage or other food refuse that has been kept in, and is fed to the stock from, a receptacle that contains or has contained a substance included in paragraph (a), (b) or (c).

(a)	each offence created by a provision specified in Column 1 of Schedule 2 is declared to be a penalty notice offence; and
(b)	the prescribed penalty for such an offence is the amount specified in Column 3 of Schedule 2.

Section 9 ( 1)	being occupier of landowner	$400
of stock/person in charge of stock fail to notify disease
Section 9 (2)	being veterinary surgeon/person	$400
attending stock/person consulted on stock fail to notify disease
Section 12A (5) (a)	fail to stop vehicle/keep	$200
vehicle stationary
Section 19D (1)	sell/cause/permit sale of	$400
unidentified stock

Section 19D (2)	send/deliver/cause/permit	$400
sending/delivery of unidentified stock
Section 20	illegally introduce stock	$200
Section 20C ( 1) (a)	move stock across quarantine	$300
line/cause/permit stock to be moved across quarantine line
Section 20C ( l ) (b)	move stock into protected	$300
area/cause/permit stock to be moved into protected area
Section 20C (1) (c)	move stock/cause/permit stock	$300
to be moved in/within/out of quarantine area/infected land
Section 20C (2) (a)	move infected stock/cause/	$400
permit infected stock to be moved on/along/across public road/railway
Section 20C (2) (b)	move infected stock/cause/	$400
permit infected stock to be moved in/through public place
Section 20C (2) (c)	move infected stock/cause/	$400
permit infected stock to be moved to/on/across land
Section 20FB (1)	feed prohibited substance to	$400
stock
Section 20FB (1)	cause/permit stock to feed on	$400
prohibited substance
Section 20FB (2)	fail to prevent stock access to	$400
prohibited substance

Clause 4 (2)	move stock/thing across	$300
quarantine line in breach of permit
Clause 6	fail to notify footrot in sheep/	$200
goats

(a)	to identify the offences under the Stock Diseases Act 1923 and the Stock Diseases (General) Regulation 1992 that can be dealt with by penalty notice and to prescribe the penalties applicable if the offences are dealt with in that way (clause 2 (d) and (e)); and
(b)	to prescribe short descriptions for use in describing those offences in informations, complaints, summonses, warrants, notices, orders and other documents (in particular the descriptions are for use in penalty notices) (clause 2 (d) and (e)); and
(c)	to prescribe prohibited substances, which must not be fed to certain animals (namely swine) (clause 2 (c)); and
(d)	to omit prescribed forms of traffic signs, which will in future be approved by the Chief, Division of Animal Industries (clause 2 (b) and ( f ) ; and
(e)	to omit a provision that regulates the movement of sheep or goats into a protected area for footrot as the movement of stock into a protected area can be regulated by notification of the Minister under section 1 1 a of the Act (the section provides for the declaration of protected areas and for the restriction or prohibition on the movement of stock into those areas) (clause 2 (a)).