Stock Diseases (Offences) Amendment Act 1989 (NSW)

STOCK DISEASES (OFFENCES) AMENDMENT ACT 1989

No. 181

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Shon title

2. Commencement

3. Amendment of Stock Diseases Act 1923 No. 34

SCHEDULE 1 - AMENDMENTS

STOCK DISEASES (OFFENCES) AMENDMENT ACT 1989

No. 181

NEW SOUTH WALES

Act No. 181, 1989

An Act to amend the Stock Diseases Act 1923 to increase penalties for offences and for other purposes. [Assented to 14 December 1989]

Act No. 181

Stock Diseases (O fences) Am endm ent 1989

The Legislature of New South Wales enacts:

Short title

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

Amendment Act 1989.

Commencement

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

proclamation.

Amendment of Stock Diseases Act 1923 No. 34

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

1 .

SCHEDULE 1 - AMENDMENTS

(Sec. 3)

(1) Section 16 (Musters):

In section 16 (3), omit "$20", insert instead "1 penalty unit".

(2) Section 171 (Fraudulent compensation claim):

Omit "$1,000", insert instead "100 penalty units".

(3) Part 5;

Omit the Part, insert instead:

PART 5 - OFFENCES

Introduction of stock into State contrary to proclamation

20. A person must not introduce stock into the State in

contravention of a provision of a proclamation under this

Act

Maximum penalty.

(a)	100 penalty units, unless paragraph (b) or (c) applies; or
(b)	200 penalty units, if at the time of introduction the stock are actually diseased; or

Stock Diseases (O u n c es ) Am endm ent 1989

SCHEDULE 1 - AMENDMENTS - continued

(c) 1 000 penalty units or imprisonment for 6 months, or both, if at the time of introduction the stock are actually diseased and as a consequence of the introduction of the stock other stock in the State become actually diseased.

\Mlful communication of disease

20A A person must not wilfully communicate or attempt to communicate any disease to stock, except for such purposes and under such conditions as may be prescribed by the regulations.

Maximum penalty: 500 penalty units.

Sale etc. of diseased stock

20B. (1) A person must not sell, offer for sale or attempt to sell any diseased stock.

Maximum penalty. 200 penalty units.

(2) This section does not apply to the sale of stock for

slaughter in compliance with an order under section 8 (1)

(b).

Movement of stock

20C. (1) A person must not move any stock, or cause or permit any stock to be moved:

(a)	across a quarantine line, unless the movement is in accordance with the conditions specified in the notification declaring the quarantine line; or
(b)	into a protected area, unless the movement is in accordance with the prescribed conditions; or
(c)	otherwise in contravention of a provision of this Act or the regulations.

Maximum penalty 100 penalty units.

(2) A person must not move any infected stock or cause

or permit any infected stock to be moved:

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SCHEDULE 1 - AMENDMENTS - continued

(a) on, along or across any public road or railway or

(b) in or through any public place; or

(c) to, on or across any land (including any stock saleyard, and any travelling stock reserve within the meaning of the Pastures Protection Act 1934) except on or across land owned or occupied by the owner of the stock.

Maximum penalty 100 penalty units.

(3) This section does not apply to anything done in

compliance with an order by an inspector under section 8

(1) (b).

Straying stock

20D. (1) If stock are found straying within a quarantine area or protected area, the owner of the stock and the person from whose charge the stock strayed are both guilty of an offence.

(2) If infected stock are found straying anywhere, the owner of the stock and the person from whose charge the stock strayed are both guilty of an offence.

Maximum penalty 100 penalty units.

(3) It is a defence to a prosecution for an offence against

this section if the defendant proves that all reasonable precautions were taken to prevent the stock from straying.

Infected carcase not to be left near road, river etc

20E. A person must not leave the carcase of any infected stock, or cause or permit the carcase of any infected stock to be left:

(a) on, in, or within 1 kilometre of̂ a public road or public place; or

Stock Diseases {O fences) Am endm ent 1989

SCHEDULE 1 - AMENDMENTS - continued

(b) in a river, creek or water-hole.

Maximum penalty; 100 penalty units.

Interfering with a quarantine fence or gate

20F. A person must not break down, damage or leave open a fence, gate or fastening:

(a)	that is used for confining stock, or regulating or preventing the movement of stock; and
(b)	that provides access to, or is within, a quarantine area or protected area.

Maximum penalty. 100 penalty units.

Tags, brands

20G. (1) A person must not alter or deface any tag which is attached, or which is intended to be attached, to stock for the purposes of this Act

(2) A person must not, unless the person is an inspector under this Act or under the Meat Industry Act 1978, remove a tag or cause a tag to be removed:

(a)	from any cattle or other stock (not including swine) to which section 19A applies that are being moved to or from any saleyard or place where the stock are to be kept for the purposes of sale or to an abattoir; or
(b)	from any stock (not including swine) that are being offered for sale or that have been sold during the immediately preceding 28 days.

(3) A person must not alter or deface a brand applied to stock under or for the purposes of this Act or the regulations unless the person is an inspector or does so with the authority of an inspector.

Maximum penalty 100 penalty units.

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Stock Diseases (Offences) Amendment 1989

SCHEDULE 1 - AMENDMENTS - continued

Compliance with proclamations, orders, undertakings etc.

20H. (1) A person must not

(a)	contravene a provision of a proclamation, order or notification issued or made under this Act; or
(b)	contravene the terms of an order or notice served on or given to the person under this Act; or
(c)	contravene the terms and conditions of an undertaking with which the person is required to comply under section 11; or
(d)	do anything that is declared by a provision of this Act to be a contravention of this Act

Maximum penalty: 100 penalty units.

(2) This section does not apply to any act or omission

that is an offence under section 20.

Obstruction etc. of inspector

201. (1) A person must not obstruct, hinder, threaten or assault an inspector, or any person assisting an inspector, when the inspector is performing duties or exercising powers under this Act

Maximum penalty. 100 penalty units.

(2) Except with lawful authority, a person must not make

any payment or give any gratuity or present to an inspector in consideration of any act or omission relating to the inspector’s office or employment

Maximum penalty 100 penalty units.

Stock Lkseases (O u n c e s ) Am endm ent 1989

SCHEDULE 1 - AMENDMENTS - continued

Supplying false etc. information

20J. A person must not, in submitting an application or otherwise giving information for the purposes of this Act, give information to the Minister or a person engaged in the administration of this Act, knowing the information is false or misleading in a material particular.

Maximum penalty: 100 penalty units.

Additional penalty of imprisonment in certain cases

20K. (1) The court before which a person is convicted of an offence under this Part may, in addition to or instead of any other penalty that it may impose for the offence, impose a penalty not exceeding 6 months imprisonment if the offence:

(a)	arises out of any act done or omitted to be done in a special quarantine area; or
(b)	is committed in relation to stock infected with a special disease; or

(c) is committed in relation to a sp>ecial disease.

(2) This section does not authorise the imposition of a

penalty of imprisonment of more than 6 months for an

offence punishable under section 20 (c).

Proceedings for offences

20L (1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily before a Local Court constituted by a Magistrate sitting alone or before the Supreme Court in its summary jurisdiction.

(2) If proceedings are brought in a Local Court, the maximum pecuniary penalty that the Local Court may impose for the offence is 100 penalty units or the maximum penalty provided for the offence by this Act or the regulations, whichever is the lesser.

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SCHEDULE 1 - AMENDMENTS - continued

Proof of matters relating to maximum penalties

20M. A matter that is relevant to the determination of the maximum penalty applicable to an offence against this Act must be established beyond reasonable doubt

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

(a) Omit section 23 (3), insert instead:

(3) A regulation may create an offence for a breach of the regulations punishable by a penalty not exceeding 50 penalty units.

(b)

Section 23 (3A): units" and "6 months", respectively.

(c)

Section 23 (4):

Omit the subsectioa

[M nistefs second reading speech made in -

L e^lative Assembly on 14 Novendier 1989 Lepslative Council on 22 November 1989\