2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Environment)

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Environment)

An Act to amend the Animal Diseases Act 1993 and the Plant Diseases Act 2002

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Animal and Plant Diseases Amendment Act 2003.

(1) Part 2 commences on the day after this Act’s notification day.

(2) Part 3 commences on the later of—

(a) the day after this Act’s notification day; and

(b) the commencement of the Plant Diseases Act 2002.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This part amends the Animal Diseases Act 1993.

(3) A declaration under this section may provide for its commencement on or before the declaration’s notification day.

Note This subsection provides express authority for a declaration to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(4) However—

(a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

(b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(5) If a declaration commences before it is notified under the Legislation Act, the Minister must ensure that notice of the declaration is broadcast in the ACT by television or radio as soon as possible after it is made.

(5) A declaration under this section may provide for its commencement on or before the declaration’s notification day.

Note This subsection provides express authority for a declaration to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(6) However—

(a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

(b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(7) If a declaration commences before it is notified under the Legislation Act, the Minister must ensure that notice of the declaration is broadcast in the ACT by television or radio as soon as possible after it is made.

(5) A declaration under this section may provide for its commencement on or before the declaration’s notification day.

Note This subsection provides express authority for a declaration to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(6) However—

(a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

(b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(7) If a declaration commences before it is notified under the Legislation Act, the Minister must ensure that notice of the declaration is broadcast in the ACT by television or radio as soon as possible after it is made.

(3) A declaration under this section may provide for its commencement on or before the declaration’s notification day.

Note This subsection provides express authority for a declaration to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(4) However—

(a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

(b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(5) If a declaration commences before it is notified under the Legislation Act, the Minister must ensure that notice of the declaration is broadcast in the ACT by television or radio as soon as possible after it is made.

(5) A declaration under this section may provide for its commencement on or before the declaration’s notification day.

Note This subsection provides express authority for a declaration to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(6) However—

(a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

(b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(7) If a declaration commences before it is notified under the Legislation Act, the Minister must ensure that notice of the declaration is broadcast in the ACT by television or radio as soon as possible after it is made.

This part amends the Plant Diseases Act 2002.

Other legislation applies in relation to offences against this Act.

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

(4) A declaration under this section may provide for its commencement on or before the declaration’s notification day.

Note This subsection provides express authority for a declaration to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(5) However—

(a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

(b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(6) If a declaration commences before it is notified under the Legislation Act, the Minister must ensure that notice of the declaration is broadcast in the ACT by television or radio as soon as possible after it is made.

(4) A declaration under this section may provide for its commencement on or before the declaration’s notification day.

Note This subsection provides express authority for a declaration to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(5) However—

(a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

(b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(6) If a declaration commences before it is notified under the Legislation Act, the Minister must ensure that notice of the declaration is broadcast in the ACT by television or radio as soon as possible after it is made.

(5) A prohibition under this section may provide for its commencement on or before the prohibition’s notification day.

Note This subsection provides express authority for a prohibition to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(6) However—

(a) a prohibition may not provide for a commencement date or time that would result in the prohibition commencing before it is made; and

(b) a prohibition may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(7) If a prohibition commences before it is notified under the Legislation Act, the Minister must ensure that notice of the prohibition is broadcast in the ACT by television or radio as soon as possible after it is made.

(8) A person commits an offence if the person intentionally contravenes a prohibition under this section.

Maximum penalty: 1 000 penalty units.

(9) A person commits an offence if the person contravenes a prohibition under this section.

Maximum penalty: 50 penalty units.

(10) An offence against subsection (9) is a strict liability offence.

(5) A declaration under this section may provide for its commencement on or before the declaration’s notification day.

Note This subsection provides express authority for a declaration to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(6) However—

(a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

(b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(7) If a declaration commences before it is notified under the Legislation Act, the Minister must ensure that notice of the declaration is broadcast in the ACT by television or radio as soon as possible after it is made.

(8) A person commits an offence if the person intentionally contravenes a declaration under this section.

Maximum penalty: 1 000 penalty units.

(9) A person commits an offence if the person contravenes a declaration under this section.

Maximum penalty: 50 penalty units.

(10) An offence against subsection (9) is a strict liability offence.

contravene

intentionally

(5) A declaration under this section may provide for its commencement on or before the declaration’s notification day.

Note This subsection provides express authority for a declaration to commence on or before its notification day—see Legislation Act, s 73 (2) (d) (General rules about commencement).

(6) However—

(a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and

(b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that commencement before notification is necessary to prevent a disease or pest becoming established, or spreading, in the ACT.

(7) If a declaration commences before it is notified under the Legislation Act, the Minister must ensure that notice of the declaration is broadcast in the ACT by television or radio as soon as possible after it is made.

(8) A person commits an offence if the person intentionally contravenes a declaration under this section.

Maximum penalty: 1 000 penalty units.

(9) A person commits an offence if the person contravenes a declaration under this section.

Maximum penalty: 50 penalty units.

(10) An offence against subsection (9) is a strict liability offence.

(1) The Minister may, in writing, direct—

(a) an inspector to seize a stated plant, fruit, vegetable, vehicle or another stated thing; or

(b) the owner or person in charge of premises or a plant, fruit, vegetable or another thing to take the action stated in the direction to disinfect the premises, plant, fruit, vegetable or other thing; or

(c) the owner or person in charge of premises to destroy or treat a stated plant, fruit, vegetable or another stated thing at the premises; or

(d) an inspector or another person to take another stated action the Minister considers necessary.

(2) The Minister may give a direction under subsection (1) only if the Minister believes on reasonable grounds that the direction is necessary or desirable to prevent a disease or pest becoming established, or spreading, in the ACT.

(3) A direction given to a person other than an inspector must state the time within which, and how, the disinfection, destruction, treatment or other action must be taken.

(4) A person commits an offence if the person intentionally contravenes a direction under this section.

Maximum penalty: 1 000 penalty units.

(5) Subsection (4) does not apply to a direction given to an inspector.

(6) In this section:

vehicle includes a caravan, trailer or vessel.

(1) A person commits an offence if the person—

(a) has reasonable grounds for believing that there is a notifiable disease or a notifiable pest at premises; and

(b) does not report the existence of the disease or pest to the Minister within 24 hours after becoming aware of the facts on which those grounds are based.

Maximum penalty: 50 penalty units.

(2) An offence against this section is a strict liability offence.

(2) A person commits an offence if the person—

(a) was appointed as an inspector under section 19; and

(b) ceases to be an inspector; and

(c) does not return the person’s identity card to the chief executive within 7 days after the day the person ceases to be an inspector.

Maximum penalty (subsection (2)): 1 penalty unit.

(3) An offence against subsection (2) is a strict liability offence.

(2) A person commits an offence if the person intentionally contravenes a requirement under subsection (1) (f).

Maximum penalty: 50 penalty units.

(3) A person commits an offence if the person contravenes a requirement under subsection (1).

Maximum penalty: 5 penalty units.

(4) However, a person is not required to comply with a requirement under subsection (1) if, when asked by the person, the inspector does not produce his or her identity card for inspection by the person.

(5) An offence against this section is a strict liability offence.

(6) A person commits an offence if the person intentionally interferes with a thing to which access has been restricted under subsection (5) (b).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(7) Subsection (6) does not apply if the Minister approved the interference.

(1) A person commits an offence if the person—

(a) gives information in purported compliance with a requirement under this Act; and

(b) does so knowing that the information—

(i) is false or misleading; or

(ii) omits something without which the information is false or misleading.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(2) A person commits an offence if the person—

(a) gives information in purported compliance with a requirement under this Act; and

(b) is reckless about whether the information—

(i) is false or misleading; or

(ii) omits something without which the information is false or misleading.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(3) Subsections (1) (b) (i) and (2) (b) (i) do not apply if the information is not false or misleading in a material particular.

(4) Subsections (1) (b) (ii) and (2) (b) (ii) do not apply if the omission does not make the information false or misleading in a material particular.

(5) Subsection (6) applies if, in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (2).

(6) The trier of fact may find the defendant guilty of the offence against subsection (2), but only if the defendant has been given procedural fairness in relation to that finding of guilt.

(1) A person commits an offence if the person—

(a) produces a document in purported compliance with a requirement under this Act; and

(b) does so knowing that the document is false or misleading.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(2) Subsection (1) does not apply if the document is not false or misleading in a material particular.

(3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a signed statement—

(a) stating that the document is, to the signing person’s knowledge, false or misleading in a material particular; and

(b) setting out, or referring to, the material particular in which the document is, to the signing person’s knowledge, false or misleading.

(4) For subsection (3), the statement must be signed by—

(a) the person; or

(b) if the person who produces the document is a corporation—a competent officer of the corporation.

(5) A person commits an offence if the person—

(a) produces a document in purported compliance with a requirement under this Act; and

(b) is reckless about whether the document is false or misleading.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(6) Subsection (5) does not apply if the document is not false or misleading in a material particular.

(7) Subsection (8) applies if, in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence against subsection (5).

(8) The trier of fact may find the defendant guilty of the offence against subsection (5), but only if the defendant has been given procedural fairness in relation to that finding of guilt.

(1) A person commits an offence if the person obstructs or hinders an inspector in the exercise of a function under this Act.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2) An offence against this section is a strict liability offence.

1 For the latest republication of amended laws, see www.legislation.act.gov.au.

2 The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.