Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004 (WA)

Western Australia

Veterinary Preparations and Animal Feeding

Stuffs Amendment Act 2004

Western Australia

Veterinary Preparations and Animal Feeding

Stuffs Amendment Act 2004

CONTENTS

1.	Short title	1
2.	The Act amended	2
3.	Long title replaced	2
4.	Section 1 amended, and consequential amendment
to Consumer Affairs Act 1971	3
5.	Section 5 amended	3
6.	Section 6 amended	5
7.	Section 7 amended	6
8.	Parts IV and V inserted	6
Part IV — Control of use of veterinary

chemical products

15. Regulations relating to control of use of

veterinary chemical products

Part V — Regulation of sale of certain stock, stock

products and carcasses

16. Regulations relating to sale of certain

stock, stock products and carcasses

Section 36AA inserted

36AA.

Definition

10.	Section 38 amended	8
11.	Section 39 amended	9
12.	Section 40 amended	11
13.	Section 40A amended	11
14.	Section 40B amended	12
15.	Section 41 amended	12
16.	Section 42A amended	13

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

Contents

17.	Section 43 amended	13
18.	Section 44 amended	14
19.	Section 48 amended	14
20.	Section 60 amended	14
21.	Section 61 amended	14
22.	Section 62 amended	14
23.	Section 64 amended	15
24.	Section 65 amended	15
25.	Section 66 amended	15
26.	Section 68 amended	16
27.	Amendment of various provisions referring to
veterinary preparations	16

Western Australia

Veterinary Preparations and Animal Feeding

Stuffs Amendment Act 2004

No. 76 of 2004

An Act to amend the Veterinary Preparations and Animal Feeding

Stuffs Act 1976 and for related purposes.

[Assented to 8 December 2004]

The Parliament of Western Australia enacts as follows:

1. Short title

This Act may be cited as the Veterinary Preparations and

Animal Feeding Stuffs Amendment Act 2004.

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 2

2. The Act amended

The amendments in this Act are to the Veterinary Preparations

and Animal Feeding Stuffs Act 1976* except as stated in

section 4(2).

[* Reprinted as at 20 August 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 397.]

3. Long title replaced

The long title is repealed and the following long title is inserted

instead —

“

An Act —

•	to provide for the control of the use of veterinary chemical products and the regulation of the sale of certain stock, stock products, and carcasses of stock treated with veterinary chemical products;
•	to provide for the regulation of the sale and use of certain substances that promote, or are intended to promote, growth in stock and also of the sale of stock, or the carcasses of stock, which have been or are declared not to have been treated with a substance of that kind;
•	to control and regulate the production, importation, treatment, preparation for sale, marketing, storage, and sale of animal feeding stuffs,

and for incidental and other purposes.

”.

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 4

4. Section 1 amended, and consequential amendment to Consumer Affairs Act 1971

(1)	Section 1 is amended by deleting “Veterinary Preparations and Animal Feeding Stuffs Act 1976.” and inserting instead — “

Veterinary Chemical Control and Animal Feeding

Stuffs Act 1976.

”.

(2)	The Schedule to the Consumer Affairs Act 1971* is amended by deleting “Veterinary Preparations and Animal Feeding Stuffs Act 1976.” and inserting instead — “

Veterinary Chemical Control and Animal Feeding Stuffs

Act 1976.

”.

[* Reprinted as at 25 March 1999.

For subsequent amendments see 2001 Index to Legislation of

Western Australia, Table 1, p. 74.]

5. Section 5 amended

(1)	Section 5(1) is amended as follows:

(a)	after the definition of “animal feeding stuff ” by inserting the following definition —

“

“approved label”, in relation to a registered veterinary

chemical product, means a label approved under containers for the veterinary chemical product;

”;

(b)

in the definition of “carcass” by deleting “cattle and to Part VA applies,” and inserting instead —

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 5

“ any stock, ”;

(c)	after the definition of “purchaser” by inserting the following definition —

“

“registered veterinary chemical product” means a

veterinary chemical product registered under

Part 2 of the Agvet Code of Western Australia;

”;

(d)	after the definition of “stock” by inserting the following definition —

“

“stock product” means —

(a)	anything obtained from stock to be used as, or processed into, food for humans or animals; or
(b)	the hide, hair or fleece of any stock;

”;

(e)	by deleting the definitions of “treat” and “treated”;
(f)	by deleting the definition of “veterinary preparation” and inserting the following definitions instead —

“

“veterinary chemical product” has the same meaning

as it has in the Agvet Code of Western Australia

except that —

(a)

despite section 5(4) of that Code, it includes is —

(i)	instructions of a veterinary surgeon by a pharmaceutical chemist

prepared in accordance with the Act 1964; or

(ii) prepared by a veterinary surgeon,

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 6

in the course of the practice, by the person

preparing the substance or mixture of

substances, of that person’s profession; and

(b)	it does not include a prescribed substance;

“veterinary surgeon” means a veterinary surgeon

registered under the Veterinary Surgeons

Act 1960;

”.

(2)

Section 5(3)(b) is amended after “treated” in both places where

it occurs by inserting —

“ with a prescribed substance ”.

(3)

After section 5(3) the following subsection is inserted —

“

(4)	A reference in this Act to a stock product treated with a veterinary chemical product is to be taken to be a reference to a stock product from stock treated with a veterinary chemical product.

”.

6. Section 6 amended

(1)

Section 6(1)(a) is amended by deleting “subject to

subsection (2),”.

(2)

Section 6(1)(c) is deleted and the following paragraph is

inserted instead —

“

(c)	subject to subsection (4), to veterinary chemical products,

”.

(3)	Section 6(2) is repealed.

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 7

7. Section 7 amended

Section 7 is amended by deleting “or carcass to which Part VA

applies,” and inserting instead —

“ , stock product or carcass, ”.

8. Parts IV and V inserted

After section 14 the following Parts are inserted —

“

Part IV — Control of use of veterinary

chemical products

15. Regulations relating to control of use of veterinary chemical products

(1)

Regulations may be made under section 68 for the

purposes of controlling the use of veterinary chemical

products.

(2)

Without limiting subsection (1), regulations referred to

in that subsection —

(a)	may prohibit, restrict or otherwise regulate the use of veterinary chemical products;
(b)

may have effect by reference to approved labels Code of Western Australia;

(c)	may provide for the duties and obligations of veterinary surgeons or other persons in relation to the use of veterinary chemical products;
(d)	may provide for the keeping of records and a system of declarations or returns in relation to the use of veterinary chemical products, and for the verification of the information supplied; and

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 8

(e)	may provide for the imposition of penalties, not exceeding $5 000, for offences against those regulations.

Part V — Regulation of sale of certain stock,

stock products and carcasses

16. Regulations relating to sale of certain stock, stock products and carcasses

(1)

Regulations may be made under section 68 for the

purposes of prohibiting, restricting or otherwise

regulating the sale of any stock, any stock product, or

the carcass of any stock treated with a veterinary

chemical product.

(2)

Without limiting subsection (1), regulations referred to

in that subsection —

(a)	may have effect by reference to —

(i) a permit issued under section 114 of the Agvet Code of Western Australia;

(ii) the instructions relating to the use of a veterinary chemical product given by a veterinary surgeon in the course of the practice of the veterinary surgeon’s

profession; and

(iii)

chemical product — any direction,

instruction, caution, warning or

in the case of a registered veterinary relating to the use of the veterinary chemical product;

and

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 9

(b)	may provide for the imposition of penalties, not exceeding $5 000, for offences against those regulations.

”.

9. Section 36AA inserted

Before section 36A the following section is inserted in

Part VA —

“

36AA. Definition

In this Part —

“treated”, in relation to an animal, means that the

animal has been treated with a prescribed

substance.

”.

10. Section 38 amended

(1)	Section 38(1)(a) is deleted and the following paragraph is inserted instead —

“

(a)	enter and search any land, building, premises or place which he has reasonable grounds for believing is used for or in connection with —

(i) the treatment of any stock with a veterinary chemical product or the holding of any stock, stock product or carcass of any stock which has or may have been treated with a veterinary chemical product; or

(ii) the production, importation, treatment,

storage, preparation for sale, marketing, or sale of an animal feeding stuff or, for the purposes of Part VA, of any stock or

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 11

carcass which has or may have been

treated with a prescribed substance or

has been declared to have been not

treated with a prescribed substance;

”.

(2)	Section 38(1)(b) is amended as follows:

(a)	after “Part” by inserting —

“ IV, V or ”;

(b)	treated or has been declared not to have been treated,”

by deleting “or carcass which has or may have been “

, stock product, or carcass of any stock which

has or may have been treated with a veterinary

chemical product, or of any stock or carcass of

any stock which has or may have been treated

with a prescribed substance or has been

declared to have been not treated with a

prescribed substance,

”.

(3)	After section 38(1)(c) “and” is deleted and the following is inserted —

“

(ca)	for the purposes of Part IV or V, stop, or order, the movement of any stock, stock product or carcass; and

”.

11. Section 39 amended

(1)	Section 39(1)(a) is amended as follows:

(a)	by deleting the passage from and including “person in possession of ” to and including “to be not treated,” and inserting instead —

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 11

“

person —

(i) who is in possession of or the purchaser of any veterinary chemical product or animal feeding stuff; or

(ii)	who the inspector has reasonable cause to believe may be in possession of or the purchaser of any prescribed substance

for the purposes of Part IV, V or VA, carcass of any stock which has been treated with a veterinary chemical product, or any stock, or the carcass of any stock, which has been treated with a prescribed substance or declared to be not treated with a prescribed substance,

”.

(2)	Section 39(1)(b) is amended by deleting “VA any person whom the inspector has reasonable cause to believe to be a seller of any stock, or the carcass of any stock, which has been treated or declared to be not treated,” and inserting instead —

“

IV, V or VA any person who the inspector has

reasonable cause to believe to be a seller of any

stock, stock product, or the carcass of any stock

which has been treated with a veterinary

chemical product, or any stock, or the carcass

of any stock, which has been treated with a

prescribed substance or declared to be not

treated with a prescribed substance,

”.

(3)	Section 39(1)(d) is amended by deleting “or declared to be not treated,” and inserting instead —

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 12

“

with a prescribed substance or declared to be

not treated with a prescribed substance,

”.

12. Section 40 amended

Section 40(1) is amended by deleting “VA any substance,

stock” and inserting instead —

“

IV, V or VA any veterinary chemical product or any

substance, stock, stock product

”.

13. Section 40A amended

(1)	Section 40A(1) is amended as follows:

(a)	by deleting “or carcass has or may have been treated, or is or may have been declared to be not treated, may require any person apparently in charge of that stock” and inserting instead —

“

, stock product or carcass has or may have been treated with a veterinary chemical product, or that any stock or carcass has or may have been treated with a prescribed substance, or is or may have been declared to be not

treated with a prescribed substance, may require any

person apparently in charge of that stock, stock product

”;

(b)	in paragraph (b) after “stock” by inserting —

“ , stock product ”;

(c)	in paragraph (c) after “Part” by inserting —

“ IV, V or ”;

(d)	in paragraph (d) by deleting “other facility — ” and inserting instead —

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 14

“ anything else — ”;

(e)	in paragraph (d)(i) after “any” by inserting —

“ stock product or ”;

(f)	in paragraph (d)(ii) after “stock” by inserting —

“ , stock product ”.

(2)	Section 40A(2) is amended after “Part” by inserting —
“ IV, V or ”.

14. Section 40B amended

Section 40B is amended after “Part” by inserting —

“ IV, V or ”.

15. Section 41 amended

(1)	After section 41(1) the following subsection is inserted —

“

(1aa)

An inspector who has reasonable grounds for

believing —

(a)	that a substance is a veterinary chemical product; or
(b)	that any stock, stock product or the carcass of any stock has been treated with a veterinary chemical product,

may, for the purposes of Part IV or V, inspect and test that substance, stock, stock product or carcass, or any tissue obtained from that stock or carcass, and may

take samples for analysis and examination.

”.

(2)	Section 41(1a)(b) is deleted and the following paragraph is inserted instead —

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 16

“

(b)	that any stock, or the carcass of any stock, has been treated with a prescribed substance or declared to be not treated with a prescribed substance,

”.

(3)	Section 41(2) is amended after “stock,” by inserting —
“ stock product, ”.
(4)	Section 41(3) is amended after “stock,” by inserting —
“ stock product, ”.

16. Section 42A amended

Section 42A is amended as follows:

(a)	before paragraph (b) by inserting the following paragraph —

“

(a)	stock, stock product or carcass of any stock which has been treated with a veterinary chemical product;

”;

(b)	in paragraphs (b) and (c) after “treated” by inserting —

“ with a prescribed substance ”;

(c)	by deleting “substance, or of the” and inserting instead —

“ stock, stock product or ”.

17. Section 43 amended

Section 43(a) is amended by deleting “animal feeding stuff,

stock,” and inserting instead —

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 18

“

veterinary chemical product, animal feeding

stuff, stock, stock product,

”.

18. Section 44 amended

(1)	Section 44(1) is amended after “stock,” by inserting —
“ stock product, ”.
(2)	Section 44(3) is amended after “stock,” by inserting —
“ stock product, ”.

19. Section 48 amended

Section 48(1) is amended after “stock,” in both places where it

occurs by inserting —

“ stock product, ”.

20. Section 60 amended

Section 60(2) is amended after “stock” by inserting —

“ , stock product ”.

21. Section 61 amended

Section 61(2) is amended after “for the purposes of ” by

inserting —

“

Part V any stock, stock product or carcass, or for the

purposes of

”.

22. Section 62 amended

(1)	Section 62(1) is amended by deleting “VA any prescribed substance, stock or carcass” and inserting instead —

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 23

“

IV, V or VA any veterinary chemical product, stock,

stock product, carcass or prescribed substance

”.

(2)	Section 62(2) is amended by deleting “VA to the whole supply of any prescribed substance and the total number of any stock” and inserting instead —
“

IV, V or VA to the whole supply of the veterinary

chemical product or any similar veterinary chemical

product, the whole supply of any prescribed substance,

and the total number of any stock, stock products

”.

23. Section 64 amended

After section 64(2) the following subsection is inserted —

“

(3)	Subject to section 44, a prosecution for an offence against this Act may be instituted at any time within 3 years after the date on which it is alleged the offence was committed.

”.

24. Section 65 amended

Section 65 is amended as follows:

(a)	in paragraph (b) after “chemists or” by deleting “registered”;
(b)	in paragraph (c) after “chemist, a” by deleting “registered”;
(c)	in paragraph (c)(ii) by deleting “registered”.

25. Section 66 amended

(1)	Section 66(1) is amended after “or was not” by inserting —

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 26

“

a veterinary chemical product or stock product, or was

not

”.

(2)	After section 66(1) the following subsection is inserted —

“

(1a)

In the absence of evidence to the contrary, the

allegation that stock, a stock product or a carcass was

sold or intended to be sold may be taken to be

sufficient evidence of a sale alleged in proceedings for

the purposes of Part V.

”.

26. Section 68 amended

(1)	Before section 68(2)(a) the following paragraph is inserted —

“

(aa)	the matters referred to in sections 15 and 16;

”.

(2)

Section 68(3)(d) is amended by deleting “section” and inserting

instead —

“ sections 15(2)(e), 16(2)(b) and ”.

27. Amendment of various provisions referring to veterinary preparations

(1)	Section 5(1) is amended in the definition of “product” by deleting “veterinary preparation” and inserting instead —
“ veterinary chemical product ”.
(2)	Section 6(4) is amended by deleting “preparations” and inserting instead —
“ chemical products ”.
(3)	Section 7 is amended by deleting “preparation” and inserting instead —

Veterinary Preparations and Animal Feeding Stuffs Amendment Act 2004

s. 27

“ chemical product ”.

(4)

Section 68(2)(q) is amended by deleting “veterinary

preparations or”.

(5)

Section 68(2)(y) is amended by deleting “preparations” and

inserting instead —

“ chemical products ”.