Untitled document
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendments to the Prevention of Cruelty to Animals Act 1986
3Definitions
4Baiting and luring
5Definitions
6Authorized officers
7Offences as to authorized officers
8Power to serve a notice
9Evidence
10Neglect to prosecute
11Regulations
Part 3—Amendments to the Domestic Animals Act 1994
12Definitions
13Registration numbers, certificates and identification markers
14Powers of Council
15New Division 5 of Part 4 inserted
Division 5—Offences
63ABRecord keeping offences for pet shop proprietors
16Seizure of dog or cat from unregistered breeding domestic
animal business
Part 4—Amendments to the Livestock Disease Control Act 1994
17Definitions
18Swill feeding of pigs
19Registration of beekeepers
20Annual fees
21Apicultural Industry Advisory Committee
22Inspector may order hives to be cleaned
23New section 149 inserted
149Transitional provision—Primary Industries Legislation Amendment Act 2014
Part 5—Amendments to the Veterinary Practice Act 1997
24Definitions
25Application for registration
26Endorsement of registration as a specialist practitioner
27Duration and renewal of registration
28Application for renewal of and refusal to renew registration
29Requirement to notify the Board of change of address
30Notice of an informal hearing
31Notice of a formal hearing
32Requirements as to attendance at preliminary conference
33Conduct of a formal hearing
34Procedure at formal and informal hearings
35Advertising
36Powers of board in relation to fees
37New Part 11 inserted
Part 11—Savings and transitional Provisions Arising From Amending Acts
96Transitional provision—Primary Industries Legislation Amendment Act 2014
38Amendment consequential upon the Legal Profession Uniform Law Application Act 2014
Part 6—Amendments to the Plant Biosecurity Act 2010
39Importation of prescribed material
40Possession of prescribed material
41Assurance certificates
42Plant health certificates
43Plant health declarations
44Notification of plant pests or diseases
45Return, treatment or disposal of plants etc. at direction of inspector
46Contravention of importation order
47Extension of time
Part 7—Repeal of Amending Act
48Repeal of amending Act
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Endnotes
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
[Assented to 30 September 2014]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to amend—
(a)the Prevention of Cruelty to Animals Act 1986; and
(b)the Domestic Animals Act 1994; and
(c)the Livestock Disease Control Act 1994; and
(d)the Veterinary Practice Act 1997; and
(e)the Plant Biosecurity Act 2010—
to further improve the operation of those Acts.
2Commencement
(1)Subject to subsection (2), this Act, other than section 38, comes into operation on a day or days to be proclaimed.
(2)Section 38 comes into operation on the later of—
(a)the day on which section 3 comes into operation; and
(b)the day on which section 158 of the Legal Profession Uniform Law Application Act 2014 comes into operation.
(3)If a provision of this Act, other than section 38, does not come into operation before 1 July 2015, it comes into operation on that day.
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Part 2—Amendments to the Prevention of Cruelty to Animals Act 1986
3Definitions
In section 3(1) of the Prevention of Cruelty to Animals Act 1986—
(a)in the definition of farm animal, for "connexion" (where twice occurring) substitute "connection";
(b)in paragraph (e) of the definition of scientific procedure, for "connexion" substitute "connection".
4Baiting and luring
In section 13(1)(d) and (e) of the Prevention of Cruelty to Animals Act 1986, for "connexion" substitute "connection".
5Definitions
In section 25 of the Prevention of Cruelty to Animals Act 1986, for the definition of authorized officer substitute—
"authorised officer means a person appointed to be an authorised officer under section 35;".
6Authorized officers
(1)Insert the following heading to section 35 of the Prevention of Cruelty to Animals Act 1986—
"Authorised officers".
(2)In section 35(1), (2), (3), (4) and (5) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".
(3)In section 35(6) of the Prevention of Cruelty to Animals Act 1986, for "authorized" (where twice occurring) substitute "authorised".
(4)In section 35(7) and (8) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".
7Offences as to authorized officers
(1)In the heading to section 35A of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".
(2)In section 35A(1) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".
(3)In section 35A(2) and (3) of the Prevention of Cruelty to Animals Act 1986, for "authorized" (where twice occurring) substitute "authorised".
(4)In section 35A(4) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".
8Power to serve a notice
(1)In section 37A(2)(a) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised".
(2)For section 37A(2)(b) of the Prevention of Cruelty to Animals Act 1986 substitute—
"(b)in any other case, a POCTA inspector.".
9Evidence
In section 39(b) of the Prevention of Cruelty to Animals Act 1986—
(a)for subparagraph (i) substitute—
"(i)the approval of a person as a POCTA inspector; or";
(b)in subparagraph (iii), for "authorized" substitute "authorised";
(c)in subparagraph (iv), for "authorized under section 24" substitute "authorised under section 24ZW".
10Neglect to prosecute
In section 40 of the Prevention of Cruelty to Animals Act 1986, for "authorize" substitute "authorise".
11Regulations
(1)In section 42(1)(a) of the Prevention of Cruelty to Animals Act 1986, for "authorized" (where twice occurring) substitute "authorised".
(2)In section 42(2)(f) of the Prevention of Cruelty to Animals Act 1986, for "connexion" substitute "connection".
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Part 3—Amendments to the Domestic Animals Act 1994
12Definitions
In section 3(1) of the Domestic Animals Act 1994—
(a)for paragraph (b)(i) of the definition of domestic animal business substitute—
"(i)in the case of an enterprise whose proprietor is a member of an applicable organisation—
(A)the enterprise has 10 or more fertile female dogs or 10 or more fertile female cats; or
(B)the enterprise has between 3 and 9 fertile female dogs or between 3 and 9 fertile female cats in circumstances where no more than 2 of the fertile female dogs or fertile female cats (as the case may be) are not registered with the applicable organisation; or";
(b)in paragraph (b) of the definition of restricted breed dog, for "Brasiliero" substitute "Brasileiro".
13Registration numbers, certificates and identification markers
In section 19(1)(c) of the Domestic Animals Act 1994—
(a)for "Council, the" substitute "Council and the";
(b)omit "and the year of registration".
14Powers of Council
(1)In section 54(2) of the Domestic Animals Act 1994, for "A" substitute "Subject to subsection (3), a".
(2)After section 54(2) of the Domestic Animals Act 1994 insert—
"(3)A Council must refuse to register or renew the registration of a premises in relation to a breeding domestic animal business if the Council is satisfied that a relevant person has, at any time within 10 years preceding the date of the application for registration—
(a)been found guilty of a specified offence; or
(b)been the subject of an order made under section 12(1) of the Prevention of Cruelty to Animals Act 1986; or
(c)been the subject of an order registered under section 12A(2) of the Prevention of Cruelty to Animals Act 1986.
(4)For the purposes of this section—
relevant person, in relation to an application to register or renew the registration of a premises in relation to a breeding domestic animal business, means any of the following—
(a)the proprietor of a breeding domestic animal business to which the premises relates;
(b)the person who conducts a breeding domestic animal business to which the premises relates;
(c)the person applying for registration;
specified offence means an offence against any of the following provisions of the Prevention of Cruelty to Animals 1986 Act—
(a)section 9(1);
(b)section 10(1);
(c)section 12(7);
(d)section 12A(8);
(e)section 15C(1);
(f)section 15C(2).".
15New Division 5 of Part 4 inserted
After Division 4 of Part 4 of the Domestic Animals Act 1994 insert—
"Division 5—Offences
63ABRecord keeping offences for pet shop proprietors
(1)The proprietor of a pet shop must, in relation to each dog or cat that is offered for sale or sold at the pet shop—
(a)make and keep records—
(i)of the name and address of the person from whom the proprietor obtained the dog or cat; and
(ii)of any other prescribed information; and
(b)keep and maintain copies of all such records in the prescribed manner.
Penalty:120 penalty units.
(2)A person who is required to make and keep records under subsection (1) must not knowingly make or keep records that are incomplete, inaccurate or false.
Penalty:120 penalty units.".
16Seizure of dog or cat from unregistered breeding domestic animal business
(1)In section 82A(2)(b) of the Domestic Animals Act 1994, after "has been" insert "refused or".
(2)After section 82A(2)(b) of the Domestic Animals Act 1994 insert—
"(ba)the renewal of registration of the premises was refused under section 54(3); or".
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Part 4—Amendments to the Livestock Disease Control Act 1994
17Definitions
In section 3(1) of the Livestock Disease Control Act 1994, in the definition of cattle, after "calf" insert ", bison".
18Swill feeding of pigs
For the penalty at the foot of section 41(1) of the Livestock Disease Control Act 1994 substitute—
"Penalty:120 penalty units, in the case of a natural person.
360 penalty units, in the case of a body corporate.".
19Registration of beekeepers
In section 48(4A) of the Livestock Disease Control Act 1994, for "one year" substitute "two years".
20Annual fees
(1)Insert the following heading to section 49 of the Livestock Disease Control Act 1994—
"Biennial fees".
(2)In section 49 of the Livestock Disease Control Act 1994—
(a)in paragraph (b), for "each" substitute "every second";
(b)for "annual" substitute "biennial".
21Apicultural Industry Advisory Committee
In section 70(3) of the Livestock Disease Control Act 1994—
(a)for "5 members" substitute "6 members";
(b)in paragraph (a), after "Inc." insert ", and at least one of the persons nominated is to have experience and knowledge of the delivery of honey bee crop pollination services";
(c)after paragraph (a) insert—
"(ab)one is to be a person with general knowledge of the beekeeping industry nominated by the Victorian Farmers Federation;".
22Inspector may order hives to be cleaned
In section 122(3) of the Livestock Disease Control Act 1994, for "$3000" substitute "$12 000".
23New section 149 inserted
After section 148 of the Livestock Disease Control Act 1994 insert—
"149 Transitional provision—Primary Industries Legislation Amendment Act 2014
The Apicultural Industry Advisory Committee is taken to be the same body despite the changes relating to its membership made by section 21 of the Primary Industries Legislation Amendment Act 2014.".
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Part 5—Amendments to the Veterinary Practice Act 1997
24Definitions
In section 3 of the Veterinary Practice Act 1997, insert the following definitions—
"Australian legal practitioner has the same meaning as in the Legal Profession Act 2004;
principal place of residence includes sole place of residence;".
25Application for registration
For section 4(1) of the Veterinary Practice Act 1997 substitute—
"(1)Subject to subsection (1A), only the following persons may apply for registration as a veterinary practitioner under this Part—
(a)in the case of an application for general registration under section 6—
(i)a natural person whose principal place of residence is in Victoria;
(ii)a natural person whose principal place of residence will be in Victoria while practising as a veterinary practitioner;
(b)in the case of an application for specific registration under section 7 or non-practising registration under section 7A, a natural person.".
26Endorsement of registration as a specialist practitioner
In section 8(6) of the Veterinary Practice Act 1997, for "the Government Gazette and in any" substitute "a".
27Duration and renewal of registration
(1)In section 11(1) of the Veterinary Practice Act 1997, for "31 December of the year" substitute "the end of the financial year".
(2)At the foot of section 11(1) of the Veterinary Practice Act 1997 insert—
"Note
A financial year is the period of twelve months ending at midnight on 30 June: see s. 44(6)(d) of the Interpretation of Legislation Act 1984.".
28Application for renewal of and refusal to renew registration
In section 12 of the Veterinary Practice Act 1997—
(a)in subsection (2), for "3 months" substitute "one month";
(b)in subsection (3), for "3 months" (where twice occurring) substitute "one month".
29Requirement to notify the Board of change of address
In section 19 of the Veterinary Practice Act 1997, for "the address" substitute "any address".
30Notice of an informal hearing
In section 36(d) of the Veterinary Practice Act 1997—
(a)omit "there is no right to legal representation at the hearing, but that";
(b)after "another person," insert "but is not entitled to be represented,".
31Notice of a formal hearing
In section 43(c) of the Veterinary Practice Act 1997, after "represented" insert "by an Australian legal practitioner".
32Requirements as to attendance at preliminary conference
In section 43B of the Veterinary Practice Act 1997, after "representative" insert "who is an Australian legal practitioner".
33Conduct of a formal hearing
In section 44(b) of the Veterinary Practice Act 1997, after "represented" insert "by an Australian legal practitioner".
34Procedure at formal and informal hearings
In section 47(c) of the Veterinary Practice Act 1997, after "thinks fit" insert ", including by reference to any guidelines issued under section 62(1)(e) as to appropriate standards of veterinary practice and veterinary facilities".
35Advertising
Section 59(1)(c) of the Veterinary Practice Act 1997 is repealed.
36Powers of board in relation to fees
In section 86(1)(c) of the Veterinary Practice Act 1997 omit "and in the Government Gazette".
37New Part 11 inserted
After Part 10 of the Veterinary Practice Act 1997 insert—
"Part 11—Savings and transitional Provisions Arising From Amending Acts
96Transitional provision—Primary Industries Legislation Amendment Act 2014
(1)Despite section 11(1), in the case of the registration of a veterinary practitioner which is not specific which, immediately before the commencement of section 27(1) of the Primary Industries Legislation Amendment Act 2014, was due to continue in force until 31 December 2015, the Board may renew the registration for a period of up to 18 months but ending no later than midnight on 30 June 2017.
(2)Despite section 86(1)(a), in the case of a fee for renewal of registration for the period of 18 months ending at midnight on 30 June 2017, the Board may fix a fee for a period of greater than 12 months.".
38Amendment consequential upon the Legal Profession Uniform Law Application Act 2014
In section 3 of the Veterinary Practice Act 1997, the definition of Australian legal practitioner is repealed.
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Part 6—Amendments to the Plant Biosecurity Act 2010
39Importation of prescribed material
(1)For section 8(1) of the Plant Biosecurity Act 2010 substitute—
"(1)A person must not import, introduce or bring into Victoria from a prescribed State or Territory or a prescribed part of a State or Territory any prescribed material unless the person complies with the applicable requirements of subsection (1C).
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 60 penalty units.
(1A)A person must not introduce or bring prescribed material into any part of Victoria from a restricted area unless the person complies with the applicable requirements of subsection (1C).
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 60 penalty units.
(1B)A person must not cause or permit any of the things in subsection (1) or (1A) to be done unless the person complies with the applicable requirements of subsection (1C).
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 60 penalty units.
(1C)For the purposes of subsections (1), (1A) and (1B), the requirements are that a person, if required by the regulations—
(a)has sent to the Secretary or a person authorised under a compliance agreement made under section 47 and has in the person's possession at the time that the prescribed material is delivered to a person in Victoria a copy of—
(i)an assurance certificate; or
(ii)a plant health certificate; or
(iii)a plant health declaration; or
(b)has presented the prescribed material for inspection, examination and treatment at a prescribed place or a place nominated by an inspector.".
(2)In section 8(2) of the Plant Biosecurity Act 2010—
(a)for "subsection (1)(a), (b) or (c)" substitute "subsection (1), (1A) or (1B)"; and
(b)for "subsection (1)(d) or (e)" substitute "subsection (1C)".
40Possession of prescribed material
(1)In section 9(1) of the Plant Biosecurity Act 2010, for "section 8(1)(d) or (e)" substitute "section 8(1C)(a) or (b)".
(2)In section 9(2) of the Plant Biosecurity Act 2010, for "section 8(1)(d) or (e)" substitute "section 8(1C)(a) or (b)".
41Assurance certificates
In section 11 of the Plant Biosecurity Act 2010, for "section 8(1)(d)" substitute "section 8(1C)(a)".
42Plant health certificates
In section 12 of the Plant Biosecurity Act 2010, for "section 8(1)(d)" substitute "section 8(1C)(a)".
43Plant health declarations
In section 13 of the Plant Biosecurity Act 2010, for "section 8(1)(d)" substitute "section 8(1C)(a)".
44Notification of plant pests or diseases
In section 17(1) of the Plant Biosecurity Act 2010, for "plant or plant product" substitute "plant, plant product, used package, used equipment or earth material".
45Return, treatment or disposal of plants etc. at direction of inspector
For section 23(1) of the Plant Biosecurity Act 2010 substitute—
"(1)This section applies if any plant, plant product, plant vector, used package, used equipment, earth material or beehive is—
(a)introduced into Victoria; or
(b)introduced into a control area declared by the Governor in Council under section 19; or
(c)introduced into an infected place or restricted area; or
(d)sent from a control area declared by the Governor in Council under section 19 into another part of Victoria; or
(e)sent from an infected place or restricted area—
contrary to any provision of this Act or an order made under this Act.".
46Contravention of importation order
For section 38(2) of the Plant Biosecurity Act 2010 substitute—
"(2)A person must not cause, permit or assist any plant, plant product, plant vector, used equipment, used package, earth material or beehive to enter or be imported into Victoria in contravention of an importation order under section 36.
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 60 penalty units.".
47Extension of time
In section 125 of the Plant Biosecurity Act 2010, for "sections 8" substitute "sections 8(1), 8(1A), 8(1B), 8(2)".
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Part 7—Repeal of Amending Act
48Repeal of amending Act
This Act is repealed on 1 July 2016.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 20 August 2014
Legislative Council: 4 September 2014
The long title for the Bill for this Act was "A Bill for an Act to amend the Prevention of Cruelty to Animals Act 1986, the Domestic Animals Act 1994, the Livestock Disease Control Act 1994, the Veterinary Practice Act 1997 and the Plant Biosecurity Act 2010 to further improve the operation of those Acts and for other purposes."
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