Stock (Seller Liability and Declarations) (Amendment) Act 1996 (Vic)
Stock (Seller Liability and Declarations)
(Amendment) Act 1996
Act No. 80/1996
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Amendment of purpose of Principal Act 2 5. Definitions 2 6. New section 4 substituted 3
4. Governor in Council may make orders 3
7. Amendment of Part 2 heading 3 8. Minimum requirements for sale 3 9. Amendment of Part 3 heading 5 10. Declarations as to quality 5 11. Amendment of section 14 regarding livestock products 6 12. New section 18A inserted 6
18A. Other declarations as to quality of stock 6
13. Further amendments regarding livestock products 7 14. Regulations 8
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i
Victoria
No. 80 of 1996
Stock (Seller Liability and Declarations)
(Amendment) Act 1996†
[Assented to 17 December 1996]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Stock
(Seller Liability and Declarations) Act 1993—
(a)
to provide for further voluntary declarations as to the quality of stock sold;
(b)
to extend the operation of the Act to certain livestock products;
(c)
generally to improve the operation of the Act.
Stock (Seller Liability and Declarations) (Amendment) Act 1996
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2. Commencement
This Act comes into operation on the day on which it receives the Royal Assent.
No. 113/1993
3. Principal Act
as amended
by No.
In this Act the Stock (Seller Liability and 115/1994. Declarations) Act 1993 is called the Principal
Act.
4. Amendment of purpose of Principal Act
In section 1(b) of the Principal Act after "stock"
(wherever occurring) insert "or livestockproducts".
5. Definitions
In section 3(1) of the Principal Act—
(a) insert the following definitions— ' "exempt agreement" means an agreement
for the sale of stock or livestock products that is exempted by the regulations from the provisions of
Part 2;
"livestock product" means—
(a) milk, wool or honey; or
(b) any other produce of stock that is declared to be a livestock product for the purposes of this Act by an Order of the Governor in Council made under section 4;
"Secretary" and "Secretary of the
Department" mean Secretary to the
Department of Natural Resources and
Environment;';
(b) in the definition of "relevant condition"—
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(i) after "stock" insert ", or any class of stock,";
(ii) after "species" insert ", or any particular livestock products,";
(c) in the definition of "relevant disease"—
(i) after "stock" insert ", or any class of stock,";
(ii) after "species" insert ", or any particular livestock products,".
6. New section 4 substituted
For section 4 of the Principal Act substitute—
"4. Governor in Council may make orders
The Governor in Council, by Order published in the Government Gazette—
(a)
may declare any species of stock to be a species to which this Act applies;
(b)
may declare any produce of stock to be a livestock product for the purposes of this Act.".
7. Amendment of Part 2 heading
In the heading to Part 2 of the Principal Act, after
"STOCK" insert "OR LIVESTOCKPRODUCTS".
8. Minimum requirements for sale
(1) In section 5 of the Principal Act—
(a) in sub-section (1)—
(i) after "agreement" insert "(other than an exempt agreement)";
(ii) after "prescribed stock" insert "or a prescribed livestock product";
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(iii) after "stock" (where secondly
occurring) insert "or product";(b)
in sub-section (3) after "stock" insert "or a livestock product".
(2) In section 6(1) of the Principal Act—
(a)
after "stock" (where first occurring) insert "or a livestock product";
(b)
in paragraph (a) after "the stock" (where twice occurring) insert "or product";
(c)
after "stock" (where last occurring) insert "or product".
(3) After section 6(1) of the Principal Act insert—
"(1A) A certificate referred to in sub-section (1)
must contain the prescribed information.".
(4) In section 6(2) and (3) of the Principal Act after
"stock" insert "or livestock product".
(5) After section 6(4) of the Principal Act insert— "(5) This section does not apply in the case of a sale of stock or livestock products under an exempt agreement.".
(6) In section 7 of the Principal Act, in sub-sections
(1), (2), (3) and (4), after "stock" (wherever
occurring) insert "or livestock product".
(7) In section 8 of the Principal Act after "stock"
(wherever occurring) insert ", livestock product".
(8) After section 9(4) of the Principal Act insert—
"(5) This section does not apply in the case of a
sale of stock under an exempt agreement.".
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9. Amendment of Part 3 heading
In the heading to Part 3 of the Principal Act, after
"STOCK" insert "OR LIVESTOCKPRODUCTS".
10. Declarations as to quality
(1) In section 11(1) of the Principal Act—
(a) in paragraph (a)—
(i) after "species" (where first occurring) products";
(ii) after "species" (where secondly
occurring) insert "or all those
products";(b)
in paragraph (b) after "form" insert "and containing the prescribed information".
(2) In section 11(2) of the Principal Act—
(a) after "stock" insert "or products";
(b) for "complies" substitute "comply";
(c)
for "50 penalty units" substitute "60 penalty units";
(d)
for "100 penalty units" substitute "120 penalty units".
(3) In section 12(1) of the Principal Act—
(a) in paragraph (a)—
in paragraph (b) after "form" insert "and containing the prescribed information"; after "stock" (where first occurring) products"; (ii) after "stock" (where secondly
occurring) insert "or those products";(i)
(b)
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(c)
in paragraph (c) after "stock" insert "or products";
(d)
in paragraph (d) after "stock" insert "or products".
(4) In section 12(2) of the Principal Act—
(a) after "stock" insert "or products";
(b) for "complies" substitute "comply";
(c)
for "50 penalty units" substitute "60 penalty units";
(d)
for "100 penalty units" substitute "120 penalty units".
(5) In section 13 of the Principal Act—
(a) in sub-section (1)—
(i) in paragraph (a) after "stock" insert "or a livestock product";
(ii) in paragraphs (b) and (c) after "the stock" insert "or product";
(b)
in sub-section (2) after "stock" insert "or livestock products";
(c)
in sub-section (3) after "stock" insert ", livestock product".
11. Amendment of section 14 regarding livestock products
In section 14(5), (6) and (7) of the Principal Act, after "stock" (wherever occurring) insert "or livestock products".
12. New section 18A inserted
After section 18 of the Principal Act insert—
"18A. Other declarations as to quality of stock
(1) This section applies to a declaration—
Stock (Seller Liability and Declarations) (Amendment) Act 1996
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(a)
that may be made by, or on behalf of, a seller of stock; and
(b)
that relates to the treatment, feed, husbandry or pasturing of that stock; and
(c)
that is in, or is to the like effect of, a form specified by the Secretary, by notice published in the Government Gazette, to be a declaration to which this section applies.
(2) A notice referred to in sub-section (1)(c)—
(a) may require a person who makes a declaration to retain a copy of it for a specified period; and (b) may require a person who receives a declaration to retain it for a specified period. (3) A person must not make a declaration to which this section applies that the person knows to be false.
Penalty: 60 penalty units for a first offence; 120 penalty units for a second or
subsequent offence.(4) A person who is required by a notice under sub-section (2) to retain a declaration, or a copy of it, must do so for the period specified
in the notice.
Penalty: 5 penalty units.".
13. Further amendments regarding livestock products
In the Principal Act—
(a)
in section 19(1)(a) and 20(2)(b)(i) after "stock" insert ", livestock product";
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(b)
in section 20(3) after "stock" insert "or livestock products";
(c)
in section 20(4) after "stock" (wherever occurring) insert ", livestock product";
(d) in section 26—
(i) in sub-section (1) after "stock" (where products";
(ii) in sub-section (2), in paragraphs (a) and (b) after "stock" (wherever occurring) insert "or livestock products";
(e) in section 27(1)—
(i) in paragraph (a) after "stock" insert ", livestock products";
(ii) in paragraph (c) after "stock" insert "or livestock products";
(f) in section 34—
(i) after "stock" (where first and secondly products";
(ii) after "stock" (where last occurring) insert ", livestock products";
(g)
in section 37 after "stock" insert "or livestock products".
14. Regulations
(1) In section 38(1) of the Principal Act—
(a) in paragraph (a)—
(i) after "stock" insert ", or any class of stock,";
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(ii) after "species" (where first occurring) products,";
(iii) after "species" (where secondly products";
(b) in paragraph (b)—
(i) after "stock" insert ", or any class of stock,";
(ii) after "species" (where first occurring) products,";
(iii) after "species" (where secondly products";
(c) after paragraph (c) insert— "(ca) prescribing information to be included in certificates for the purposes of section 6;";
(d) in paragraph (e) for "buyer to a seller" substitute "seller to a buyer"; (e) after paragraph (f) insert— "(fa) exempting agreements, or classes of agreements, for the sale of stock or livestock products from the provisions of Part 2;";
(f) after paragraph (g) insert— "(ga) prescribing information to be included
in ongoing and one-off declarations;";(g)
in paragraph (h) after "stock" insert "or livestock products";
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(h) in paragraph (i) after "stock"(wherever occurring) insert "or livestock products"; (i) in paragraph (k) for "buyer to a seller" substitute "seller to a buyer";
(j)
in paragraph (n) after "stock" insert ", livestock product".
(2) In section 38 of the Principal Act—
(a) in sub-section (2)—
(i) paragraph (a) is repealed;
(ii) in paragraph (b) after "stock" insert "or livestock products";
(b) sub-sections (5) and (6) are repealed.
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Stock (Seller Liability and Declarations) (Amendment) Act 1996
Notes
Act No. 80/1996
NOTES
†
Minister's second reading speech—
Legislative Assembly: 31 October 1996
Legislative Council: 3 December 1996
The long title for the Bill for this Act was "to make miscellaneous
amendments to the Stock (Seller Liability and Declarations) Act 1993
and for other purposes."
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