Untitled document

Primary Industries Acts (Miscellaneous Amendments) Act 2006

Act No. 34/2006

table of provisions

Section  Page

1.Purposes

2.Commencement

3.Definitions

4.Amendments regarding arrangements for the management of certain fisheries

5.Amendment to regulation-making powers in Fisheries Act 1995

6.Amendment to allow sale of pre-packaged pet food from butchers' shops

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Endnotes

Primary Industries Acts (Miscellaneous Amendments) Act 2006

[Assented to 13 June 2006]

The Parliament of Victoria enacts as follows:

1.Purposes

The purposes of this Act are—

(a)to amend the Fisheries Act 1995—

(i)to make further provision for arrangements between the State and the Commonwealth for the management of offshore fisheries; and

(ii)to make further provision for regulation-making powers; and

(b)to amend the Meat Industry Act 1993 to make further provision for the sale of pet food.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.Definitions

After section 4(9) of the Fisheries Act 1995 insert—

"(10)If an arrangement under Part 2 is varied, a reference in this Act to the arrangement is a reference to the arrangement as varied.

(11)A reference to a fishery that is to be managed in accordance with the law of the State pursuant to an arrangement under Part 2 includes a reference to a part of such a fishery.".

4.Amendments regarding arrangements for the management of certain fisheries

(1)After section 19(1) of the Fisheries Act 1995 insert—

"(1A)An arrangement may be varied as provided for in section 74A of the Commonwealth Act.".

(2)In section 19(2) of the Fisheries Act 1995, after "provided by" insert "section 75 of".

(3)After section 19(3) of the Fisheries Act 1995 insert—

"(3A)After an arrangement has been varied in accordance with the Commonwealth Act but before the variation takes effect—

(a)licences, permits and other instruments may be granted, issued, renewed, made or executed; and

(b)regulations and fisheries notices may be made—

for the purpose of providing for the operation of this Act as affected by the variation of the arrangement in all respects as if the variation of the arrangement had taken effect.

(3B)A licence, permit, instrument, regulation or fisheries notice under sub-section (3A) does not have effect before the variation of the arrangement takes effect.

(3C)On the variation of an arrangement—

(a)each licence, permit and other instrument granted, issued, renewed, made or executed under this Act, that is in force immediately before the commencement of the variation; and

(b)any fisheries notice made under this Act, that is in force immediately before the commencement of the variation—

ceases to have effect, to the extent that it is inconsistent with the arrangement as varied.".

5.Amendment to regulation-making powers in Fisheries Act 1995

After clause 5.9 in Schedule 3 to the Fisheries Act 1995 insert—

"5.10Prescribing fees in respect of notifications required to be given under Division 3A of Part 4.".

6.Amendment to allow sale of pre-packaged pet food from butchers' shops

At the end of section 37A of the Meat Industry Act 1993 insert—

"(2)Sub-section (1) does not apply to meat contained in food intended for consumption as pet food if that food—

(a)has been manufactured, processed, packaged, in a robust, sealed, leak-proof container, and labelled at—

(i)a pet food processing facility operating in accordance with a licence under this Act; or

(ii)a similar facility operating in accordance with the laws of another State or a Territory that correspond to the provisions of this Act that apply to a pet food processing facility; and

(b)is sold in an un-opened state for consumption as pet food in the container in which it was originally packaged.

(3)Sub-section (1) does not apply to meat contained in food intended for consumption as pet food if that food—

(a)has been manufactured, processed, packaged, in a robust, sealed, leak-proof container, and labelled in another country; and

(b)has been approved by the Australian Quarantine and Inspection Service of  the Department of Agriculture, Fisheries and Forestry of the Commonwealth for sale for consumption as pet food in Australia; and

(c)is sold in an un-opened state for consumption as pet food in the container in which it was originally packaged.".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 4 May 2006

Legislative Council: 6 June 2006

The long title for the Bill for this Act was "to amend the Fisheries Act 1995 to make further provision for arrangements between the State and the Commonwealth for the management of offshore fisheries and to make further provision for regulation-making powers and to amend the Meat Industry Act 1993 to make further provision for the sale of pet food and for other purposes."