Stock Medicines Amendment Act 1995 (NSW)
New South Wales
Page
1 Name of Act 2 2 Commencement 2
3 Amendment of Stock Medicines Act 1989 No 182 2 3
Schedule 1 Amendments
New South Wales
Act No 47, 1995 An Act to amend the Stock Medicines Act 1989 with respect to offences involving possession, use, supply and prescription of certain stock medicines; and for other purposes. [Assented to 26 October 1995]
| Section 1 | Stock Medicines Amendment Act 1995 No 47 |
The Legislature of New South Wales enacts:
This Act is the Stock Medicines Amendment Act 1995.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
| 3 Amendment of Stock Medicines Act 1989 |
The Stock Medicines Act 1989 is amended as set out in
Schedule 1.
Stock Medicines Amendment Act 1995 No 47
Amendments Schedule 1
nts
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
registered human pharmaceutical means a therapeutic good (as defined in the Therapeutic Goods Act 1989 of the Commonwealth) that is listed or registered in the Australian Register of Therapeutic Goods maintained under that Act.
supply includes do, or cause or permit the doing of, any
of the following:
(a) sell,
(c) offer to do an act that would be a supply (including an act referred to in any of the above paragraphs). withholding period, in relation to a stock medicine, means the minimum period which should elapse between the last administration of the stock medicine and:
(a) the slaughter for human consumption of an animal to which the stock medicine has been administered, or (b) the harvesting of wool, fibre, milk or eggs or the release of honey for human consumption from an animal to which the stock medicine has been administered.
[2] Section 3 (1)
Omit the definition of sell. Insert instead:
Stock Medicines Amendment Act 1995 No 47
| Schedule 1 | Amendments |
sell includes do, or cause or permit the doing of, any of
the following:
(a) expose for sale, (b) send or deliver for sale or on sale, (c) dispose of under a hire purchase agreement, (d) exchange,
(e) offer to do an act that would be a sale (including an act referred to in any of the above paragraphs), and, for example, includes supply under a contract for work or labour that also involves the supply of any thing.
[3] Section 68
Insert after section 6:
6A Application of Agvet Code to veterina nd persons acting under the instructions
surgeons (1)
The object of this section is to expressly permit veterinary surgeons, and persons acting under the instructions of veterinary surgeons, to do things that other provisions of this Act impliedly permit them to do, and so to exempt them from certain offences arising under Part 4 of the Agvet Code.
(2)
For the purposes of section 73 of the Agvet Code, it is declared that a veterinary surgeon is permitted to do anything:
(a) that constitutes an offence under this Act, or (b)
that would constitute such an offence (but for regulations under the Agricultural and Veterinary Chemicals (New South Wales) Act 1994 suspending provisions of this Act),
if the provision giving rise to the offence expressly excludes the veterinary surgeon from the application of
that provision.
Stock Medicines Amendment Act 1995 No 47
Amendments Schedule 1
(3) Subsection (2) does not exempt a person from the
requirements of any other Act or law.(4) In this section: do includes omit to do. veterinary surgeon includes a person acting under the
instructions of a veterinary surgeon.
Section 37 Possession of certain stock medicines Insert “(not being an animal or animals of a food producing species)” after “care” in section 37 (1) (a). Section 37 (1) (b) Insert “for use otherwise than on an animal or animals of a food producing species” after “profession”. Section 38 Use of unregistered stock medicines Omit section 38 (2) (a). Insert instead:
(a) the person is a veterinary surgeon who uses the stock medicine in the course of the practice of his or her profession and the stock medicine is a registered human pharmaceutical or has been compounded by the veterinary surgeon, or Section 38 (2) (b) (iii) Insert at the end of section 38 (2) (b) (ii): , and
(iii) is a registered human pharmaceutical or has been compounded by the veterinary surgeon.
Stock Medicines Amendment Act 1995 No 47
| Schedule 1 | Amendments |
Section 39 Use of registered stock medicine contrary to label
Omit “labelled ‘NOT FOR USE IN FOOD PRODUCING not for use on stock that produces, or is to be used as, food for human consumption,”.
ANIMALS’ ” from section 39 (1).
Section 39 (2) (b)
Insert “under section 40 (2)” after “surgeon”.
Section 40 Prescription or supply of stock medicine by veterinary surgeon
Section 40 (1)
Omit “subsection (2)”.
Insert instead “subsections (2)–(4)”.
Section 40 (2)
Omit “When”. Insert instead “Each time”.
Section 40 (2)
Omit “or who is authorised to supply the stock medicine, written instructions”. stock medicine, written instructions, signed and dated by the veterinary surgeon and including the veterinary surgeon’s name and address,”.
Section 40 (3), (4)
Insert after section 40 (2):
Stock Medicines Amendment Act 1995 No 47
Amendments Schedule 1
(3) A veterinary surgeon must not prescribe, supply or authorise the supply of such a stock medicine unless it is done in the course of the practice of his or her profession and for the purpose of dealing with a particular condition of an animal or animals under his or her care. (4) A veterinary surgeon must not prescribe, supply or authorise the supply of an unregistered stock medicine for use on stock of a food producing species.
[14] Section 40A
Insert after section 40:
40A Buyer of stock to be informed of withholding period
(1)
An owner of stock of a food producing species must, if the stock has been treated with a stock medicine and there is a relevant withholding period for the stock medicine that has not expired, inform any person with whom the owner has made arrangements to sell the stock on behalf of the owner:
(a) that the stock has been so treated, and (b) when the relevant withholding period will expire. Maximum penalty: 200 penalty units or, for an offence by a corporation, 400 penalty units.
(2)
A person must not sell any stock of a food producing species that has been treated with a stock medicine for which there is a relevant withholding period that has not expired unless the person informs any buyer or potential buyer, orally or in writing, before the sale:
(a) that the stock has been so treated, and (b) when the relevant withholding period will expire. Maximum penalty: 200 penalty units or, for an offence by a corporation, 400 penalty units.
Stock Medicines Amendment Act 1995 No 47
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(a) the withholding period specified under section 40 (2) by the veterinary surgeon who prescribed or supplied the stock medicine or authorised the stock medicine to be supplied for the treatment of the stock, or (b) if paragraph (a) does not apply, the withholding period (if any) specified on the label on the
package containing the stock medicine.
[15] Section 52 Retention and disposal of seized property
Omit section 52 (1). Insert instead:
(1) In this section, prescribed period for any substance, article or container seized under section 50 (1) (e) means the period of 12 months commencing from the time of seizure of the substance, article or container and includes any extension of that period granted under this section.
[16] Section 52 (5)–(7)
Insert after section 52 (4):
(5)
A Local Court may extend the prescribed period for any substance, article or container on application by or on behalf of the Minister.
(6)
A Local Court may order the return of any substance, article or container seized under section 50 (1) (e) to the owner or person from whom it was seized on the application of the owner or person.
(7) For the purposes of this section, a Local Court is to be
constituted by a Magistrate sitting alone.
Stock Medicines Amendment Act 1995 No 47
Amendments Schedule 1 [17] Schedule 2 Savings and transitional provisions
Insert “Stock Medicines Amendment Act 1995” at the end of clause
2 (1).[18] Schedule 2, Part 4
Insert after Part 3:
Part 4 Provisions consequent on enactment of
Stock Medicines Amendment Act 1995
16 Retention and disposal of seized property
The amendment made to section 52 by Schedule 1 (15) to the Stock Medicines Amendment Act 1995 does not apply to any substance, article or container seized before the commencement of that amendment.
[Minister’s second reading speech made in—
Legislative Assembly on 31 May 1995
Legislative Council on 11 October 1995]
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