Untitled document

Primary Industries Legislation Amendment Act 2012

No. 29 of 2012

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992

3Off-label use of chemical products

4Authorised officers

5Powers of authorised officers

6New section 67B inserted

67BNon-return of cancelled or suspended authority an offence

7Infringement notices

8Time limit for commencing prosecutions

9Cancellation or suspension

Part 3—Amendments to the Domestic Animals Act 1994

10Parent or guardian deemed to be owner

11Minister's power to delegate

12Dogs and cats that are exempt from desexing

13Restraint of dangerous dogs when on owner's premises

14Restraint of restricted breed dogs when on owner's premises

15Prohibition on transfer of ownership of restricted breed dogs

16Prohibition on minor having control of dog outside owner's premises

17New section 106 inserted

106Transitional provision—Primary Industries Legislation Amendment Act 2012

18Amendment to Schedule—Removal of reduced registration
fee for permanently identified dogs or cats

Part 4—Amendments to the Livestock Management Act 2010

19Inspector may issue notice of suspension

20Offence to endanger people or animals or risk disease

21Power to serve a notice

Part 5—Repeal of amending Act

22Repeal of amending Act

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Endnotes

Primary Industries Legislation Amendment Act 2012

No. 29 of 2012

[Assented to 29 May 2012]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 to—

(i)provide for a further prohibition on selling certain stock or agricultural produce unless the seller has disclosed to the buyer certain information about the stock or produce; and

(ii)insert a requirement for the return of cancelled or suspended authorities to the chief administrator; and

(iii)increase the maximum penalty for an infringement offence; and

(iv)make other miscellaneous amendments to that Act; and

(b)to amend the Domestic Animals Act 1994—

(i)to provide for an age limit of 18 years for minors under that Act; and

(ii)to remove the reduced registration fee for permanently identified dogs and cats; and

(iii)to make other miscellaneous amendments to that Act; and

(c)to amend the Livestock Management Act 2010 to make miscellaneous amendments to that Act.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 11 April 2013, it comes into operation on that day.

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Part 2—Amendments to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992

3Off-label use of chemical products

In section 19(7) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992—

(a)in paragraph (b), for "land—", substitute "land; or";

(b)after paragraph (b) insert—

"(c)consumed agricultural produce derived from any plant or animal to which an agricultural chemical product has been applied if—

(i)in the case of agricultural produce derived from a plant, the agricultural produce was harvested from the plant; or

(ii)in the case of agricultural produce obtained from an animal, the agricultural produce was obtained from the animal—".

4Authorised officers

In section 53(2) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for "certificate" substitute "card".

5Powers of authorised officers

In section 54(1)(g) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, after "Act" insert "or any regulation or Order made under this Act".

6New section 67B inserted

After section 67A of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

67BNon-return of cancelled or suspended authority an offence"

(1)The person who was the holder of an authority before it was cancelled or suspended under clause 4 of Schedule 1 must return the authority to the chief administrator within the time (if any) specified for its return in the notice under that clause.

Penalty:5 penalty units.

(2)In this section authority has the same meaning as in clause 1 of Schedule 1.".

7Infringement notices

In section 69(3) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, for "2 penalty units" substitute "5 penalty units".

8Time limit for commencing prosecutions

In section 70 of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, after "offence" (where first occurring) insert "against this Act or the regulations".

9Cancellation or suspension

(1)After clause 4(1) of Schedule 1 to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"(1A)The chief administrator may include in the notice under subclause (1) a requirement that the holder of the authority return the authority to the chief administrator within the time specified in the notice.".

(2)After clause 4(2)(a) of Schedule 1 to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 insert—

"(ab)the time within which the authority must be returned to the chief administrator if the notice includes this requirement; and".

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Part 3—Amendments to the Domestic Animals Act 1994

10Parent or guardian deemed to be owner

In section 4 of the Domestic Animals Act 1994, for "17 years" substitute "18 years".

11Minister's power to delegate

(1)In section 6(ab) of the Domestic Animals Act 1994, for "section 71;" substitute "section 71.".

(2)Section 6(b) of the Domestic Animals Act 1994 is repealed.

12Dogs and cats that are exempt from desexing

After section 10B(1) of the Domestic Animals Act 1994 insert—

"(1A)For the purposes of subsection (1)(e), the written veterinary advice must—

(a)be given by a veterinary practitioner after he or she has personally examined the dog or cat; and

(b)include the reasons why the health of the dog or cat is liable to be significantly prejudiced if it is desexed.".

13Restraint of dangerous dogs when on owner's premises

(1)In section 38(1)(a)(ii) of the Domestic Animals Act 1994, for "17 years" substitute "18 years".

(2)In paragraph (b) of the definition of prescribed enclosure in section 38(3) of the Domestic Animals Act 1994, for "17 years" substitute "18 years".

14Restraint of restricted breed dogs when on owner's premises

In section 41G(1)(a)(ii) of the Domestic Animals Act 1994, for "17 years" substitute "18 years".

15Prohibition on transfer of ownership of restricted breed dogs

In section 41K(3)(c) of the Domestic Animals Act 1994, for "17 years" substitute "18 years".

16Prohibition on minor having control of dog outside owner's premises

In section 41L of the Domestic Animals Act 1994, for "17 years" substitute "18 years".

17New section 106 inserted

After section 105 of the Domestic Animals Act 1994 insert—

106Transitional provision—Primary Industries Legislation Amendment Act 2012"

(1)Despite the amendments made to the Schedule by section 18 of the Primary Industries Legislation Amendment Act 2012, the Schedule as in force immediately before the commencement day continues to apply to a dog or cat registered immediately before the commencement day.

(2)In this section the commencement day means the day that section 18 of the Primary Industries Legislation Amendment Act 2012 comes into operation.".

18Amendment to Schedule—Removal of reduced registration fee for permanently identified dogs or cats

In the Schedule to the Domestic Animals Act 1994—

(a)in Column 2 of Part 1, after "Dogs that are" omit "implanted with a prescribed permanent identification device or";

(b)in Column 2 of Part 2, after "cats are registered." omit "Cats that are implanted with a prescribed permanent identification device.".

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Part 4—Amendments to the Livestock Management Act 2010

19Inspector may issue notice of suspension

In section 49(5) of the Livestock Management Act 2010, for "given under section 21" substitute "issued under subsection (2)".

20Offence to endanger people or animals or risk disease

In section 50(1)(c) of the Livestock Management Act 2010, for "bisoecurity" substitute "biosecurity".

21Power to serve a notice

In section 51(1) of the Livestock Management Act 2010, after "regulations" insert "prescribed for the purposes of this Division".

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Part 5—Repeal of amending Act

22Repeal of amending Act

This Act is repealed on 11 April 2014.

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: 18 April 2012

Legislative Council: 3 May 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Domestic Animals Act 1994 and the Livestock Management Act 2010 and for other purposes."