Territory and Municipal Services Legislation Amendment Act 2014 (ACT)
Territory and Municipal Services Legislation Amendment Act 2014
A2014-32
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Animal Diseases Act 2005
4 Section 34 3
Part 3Domestic Animals Act 2000
5Offences against Act—application of Criminal Code etc
Section 4A, note 1 66 Section 81 heading 6
7 Section 82 heading 6
8 Dictionary, definition of excluded offence, paragraph (b) (ii) 6
Part 4Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005
9 Domestic animals legislation infringement notice offences and penaltiesSchedule 1, part 1.1, item 38, column 3 7
Part 5Public Unleased Land Act 2013
10 Section 26 heading 8
11 Section 26 (1) (a) 8
12 Direction to remove objects from public unleased landSection 98 (4) (d) (i) 8
Territory and Municipal Services Legislation Amendment Act 2014
A2014-32
An Act to amend legislation about territory and municipal services
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Territory and Municipal Services Legislation Amendment Act 2014.
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the following legislation:
· Animal Diseases Act 2005
· Domestic Animals Act 2000
· Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005
· Public Unleased Land Act 2013.
Part 2Animal Diseases Act 2005
Section 34
substitute
Feeding of prohibited pig feed to controlled stock
(1)A person commits an offence if the person feeds prohibited pig feed to controlled stock.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
approved process includes—
(a)rendering in accordance with AS 5008; and
(b)a cooking process that ensures that an internal temperature of at least 70°C for at least 30 minutes is reached; and
(c)treatment of cooking oil, which has been used for cooking in Australia, in accordance with the National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds.
NoteThe National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds is accessible at Annex A.
AS 5008 means AS 5008 (Hygienic rendering of animal products), as in force from time to time.
NoteAS 5008 may be purchased at
controlled stock means a pig or an animal declared by regulation to be controlled stock.
feed prohibited pig feed to controlled stock includes—
(a)feed, or allow or direct another person to feed, prohibited pig feed to controlled stock; or
(b)allow controlled stock to have access to prohibited pig feed; or
(c)collect, store or possess prohibited pig feed on premises where controlled stock is kept; or
(d)supply to another person prohibited pig feed for feeding controlled stock.
prohibited pig feed means—
(a)material of mammalian origin, or any substance that has come in contact with this material; but
(b)subject to section 34A, does not include—
(i)milk, milk products or milk by-products either of Australian provenance or legally imported for stockfeed use in Australia; or
(ii)material containing flesh, bones, blood, offal or mammal carcasses that is treated by an approved process; or
(iii)a carcass or part of a domestic pig, born and raised on the property on which the pig or pigs that are administered the carcass or part are held, that is administered for therapeutic purposes in accordance with the written instructions of a veterinary surgeon.
34AFoot-and-mouth disease outbreak
(1)This section applies if there is an outbreak of foot-and-mouth disease in Australia.
(2)The Minister may declare that prohibited pig feed includes—
(a)milk, milk products or milk by-products either of Australian provenance or legally imported for stockfeed use in Australia; or
(b)material containing flesh, bones, blood, offal or mammal carcasses that is treated by an approved process; or
(c)a carcass or part of a domestic pig, born and raised on the property on which the pig or pigs that are administered the carcass or part are held, that is administered for therapeutic purposes in accordance with the written instructions of a veterinary surgeon.
(3)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4)In this section:
approved process—see section 34.
prohibited pig feed—see section 34.
Part 3Domestic Animals Act 2000
Offences against Act—application of Criminal Code etc
Section 4A, note 1omit
curfew
substitute
containment
Section 81 heading
substitute
Declaration of cat containment
Section 82 heading
substitute
Cats in breach of cat containment
Dictionary, definition of excluded offence, paragraph (b) (ii)
omit
curfew
substitute
containment
Part 4Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005
Domestic animals legislation infringement notice offences and penalties
Schedule 1, part 1.1, item 38, column 3omit
curfew
substitute
containment
Part 5Public Unleased Land Act 2013
Section 26 heading
substitute
Offence—place fixed sign on public unleased land without approval
Section 26 (1) (a)
before
sign
insert
fixed
Direction to remove objects from public unleased land
Section 98 (4) (d) (i)omit
section 101 (Offence—fail to comply with director-general’s direction)
substitute
section 99 (Offence—fail to comply with removal direction)
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 8 May 2014.
Notification
Notified under the Legislation Act on 20 August 2014.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Territory and Municipal Services Legislation Amendment Bill 2014, which was passed by the Legislative Assembly on 7 August 2014.
Clerk of the Legislative Assembly
© Australian Capital Territory 2014
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