Untitled document

Agriculture Acts (Amendment) Act 1998

Act No. 26/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—AGRICULTURAL INDUSTRY DEVELOPMENT ACT

1990   3

3. New section 12A inserted 3

12A.	Murray Valley Wine Grape Industry Development Order
(Victoria) 1994 3

4. Statute law revision 3

PART 3—BARLEY MARKETING ACT 1993 4

5.        Application of Board's marketing powers to barley harvested in

season commencing 1 July 1998 4

PART 4—PLANT HEALTH AND PLANT PRODUCTS ACT 1995 5

6.        Importation and possession of imported plants, plant products,

etc. 5

PART 5—PREVENTION OF CRUELTY TO ANIMALS ACT 1995 7

7.	Repeal of earlier amending provision	7
8.	Application of Act	7

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NOTES 8

i

Victoria

No. 26 of 1998

Agriculture Acts (Amendment) Act

1998†

[Assented to 19 May 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the
Agricultural Industry Development Act 1990,
the Barley Marketing Act 1993, the Plant
Health and Plant Products Act 1995 and the
Prevention of Cruelty to Animals Act 1986.

Agriculture Acts (Amendment) Act 1998

Act No. 26/1998 s. 2

2. Commencement

(1) Subject to this section, this Act comes into

operation on the day on which it receives the

Royal Assent.

(2) Section 7 is deemed to have come into operation

on 31 March 1998.

(3) Section 8 is deemed to have come into operation

on 1 April 1998.

(4) Subject to sub-section (5), section 6 comes into
operation on a day or days to be proclaimed.

(5) If a provision of section 6 does not come into

operation before 31 December 1998, it comes into

operation on that day.

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Agriculture Acts (Amendment) Act 1998

s. 3 Act No. 26/1998

PART 2—AGRICULTURAL INDUSTRY DEVELOPMENT

ACT 1990

3. New section 12A inserted

No. 48/1990.	After section 12 of the Agricultural Industry
Reprint No. 1
as at	Development Act 1990 insert—
10 October
1996.	"12A. Murray Valley Wine Grape Industry Development Order (Victoria) 1994

The term of the Murray Valley Wine Grape
Industry Development Order (Victoria)
1994, published in the Government Gazette
on 16 June 1994, is 5 years from 16 June
1994, despite anything to the contrary in this

Part or the Order.".

4. Statute law revision

In section 50(3) of the Agricultural Industry Development Act 1990, for "indentification" substitute "identification".

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Agriculture Acts (Amendment) Act 1998

Act No. 26/1998 s. 5

PART 3—BARLEY MARKETING ACT 1993

5.  Application of Board's marketing powers to barley harvested in season commencing 1 July 1998

In section 5(1) of the Barley Marketing Act	No. 7/1993.
1993, for "4 seasons" substitute "5 seasons".

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Agriculture Acts (Amendment) Act 1998

s. 6 Act No. 26/1998

PART 4—PLANT HEALTH AND PLANT PRODUCTS ACT
1995

6.  Importation and possession of imported plants, plant products, etc.

(1) In section 6(1) of the Plant Health and Plant

Products Act 1995—

(a)	in paragraph (a), for "prescribed plant, plant product, used package or used agricultural equipment or soil" substitute "prescribed material";
(b)	for "unless the person has" substitute "unless the person";
(c)	for paragraph (c) substitute— "(c) has sent to the Secretary and has in his

or her possession at the time that the
prescribed material is delivered to the
person in Victoria a copy of the plant
health declaration or a copy of the plant
health certificate relating to that
prescribed material and stating that the
prescribed material conforms with the
requirements of this Act and the

regulations; and";

(d) in paragraph (d), for "presented that plant, plant product or used package or used agricultural equipment" substitute "has presented that prescribed material".

(2) After section 6(1) of the Plant Health and Plant

Products Act 1995 insert—

"(1A) A person must not have in his or her

possession, custody or control for sale for the first time in Victoria any prescribed material imported, introduced or brought, or caused

Agriculture Acts (Amendment) Act 1998

Act No. 26/1998 s. 6

or permitted to be imported, introduced or
brought, into Victoria unless the
requirements under section 6(1)(c) and (d)
have been satisfied.".

Penalty: 100 penalty units.

(3) After section 6(2) of the Plant Health and Plant

Products Act 1995 insert—

'(3) A person does not commit an offence under

this section by reason only of transporting
into Victoria on behalf of another person any
prescribed material from a prescribed State
or Territory or a prescribed part of another

State or Territory.

(4) In this section, "prescribed material"

means any—

(a) plant or plant product;

(b) used package or used agricultural equipment;

(c) soil—

that is prescribed by the regulations for the

purposes of this section.'.

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Agriculture Acts (Amendment) Act 1998

s. 7 Act No. 26/1998

PART 5—PREVENTION OF CRUELTY TO ANIMALS ACT

1995

7. Repeal of earlier amending provision

No. 77/1995. Section 5(6) of the Prevention of Cruelty to
Animals (Amendment) Act 1995 is repealed.

8. Application of Act

No. 46/1986.	In section 6(1) of the Prevention of Cruelty to
Reprint No. 2
as at	Animals Act 1986, for paragraphs (g) and (h)
20 February	substitute—
1997. Further
amended by
Nos 77/1995	"(g) any fishing activities authorised by and
and 58/1997.	conducted in accordance with the Fisheries Act 1995.".

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Agriculture Acts (Amendment) Act 1998

Act No. 26/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 9 April 1998

Legislative Council: 12 May 1998

The long title for the Bill for this Act was "to amend the Agricultural
Industry Development Act 1990, the Barley Marketing Act 1993, the
Plant Health and Plant Products Act 1995 and the Prevention of
Cruelty to Animals Act 1986 and for other purposes."