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New South Wales
Primary Industries Legislation
Amendment (Biosecurity) Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Animal Diseases (Emergency Outbreaks)
Act 1991 No 73 3
Schedule 2 Amendment of Fisheries Management Act 1994 No 38 20
Schedule 3 Amendment of Noxious Weeds Act 1993 No 11 24
Schedule 4 Amendment of Plant Diseases Act 1924 No 38 27
b2011-099-07.d17
New South Wales
Primary Industries Legislation
Amendment (Biosecurity) Bill 2012
No , 2012
A Bill for
An Act to amend the Animal Diseases (Emergency Outbreaks) Act 1991, the
Fisheries Management Act 1994, the Noxious Weeds Act 1993 and the Plant
Diseases Act 1924 to make further provision with respect to biosecurity; and for
other purposes.
Clause 1 Primary Industries Legislation Amendment (Biosecurity) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Primary Industries Legislation Amendment 3
(Biosecurity) Act 2012. 4
2 Commencement 5
(1) This Act commences on the date of assent to this Act, except as 6
provided by subsection (2). 7
(2) Schedule 1 commences on a day or days to be appointed by 8
proclamation. 9
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73 Schedule 1
Schedule 1 Amendment of Animal Diseases 1
(Emergency Outbreaks) Act 1991 No 73 2
[1] Long title 3
Insert "and certain animal pests" after "other animals". 4
[2] Section 1 Name of Act 5
Insert "and Animal Pests" after "Animal Diseases". 6
[3] Section 6B 7
Insert after section 6A: 8
6B Meaning of "emergency animal pest" 9
(1) For the purposes of this Act, emergency animal pest means any 10
animal that is not indigenous to a particular area and is an animal 11
of a kind declared by the Minister, by order in writing, to be an 12
emergency animal pest for the purposes of this Act. 13
(2) An order by the Minister under this section: 14
(a) comes into force on the date that it is signed, and 15
(b) must be published in the Gazette within 14 days after that 16
date. 17
(3) An order that is not published within 14 days after it is made is 18
taken (unless it has already been revoked) to have been revoked 19
at the end of that 14-day period. 20
[4] Section 11A Extent of declaration 21
Omit "or vehicles". Insert instead ", vehicles or other things". 22
[5] Section 11A (2) 23
Insert at the end of section 11A: 24
(2) For the purposes of this section, a declaration may identify a class 25
or description of things that are not animals, animal products, 26
fodder, fittings, soil or vehicles as affected by the declaration if 27
those things are or could be infected with an emergency animal 28
disease, or could assist the spread of infection of an emergency 29
animal disease. 30
[6] Section 12 Permit for entry or exit 31
Omit "or soil" from section 12 (1) (c). Insert instead ", soil or other thing". 32
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 1 Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73
[7] Section 12 (2) 1
Omit "or vehicle". Insert instead ", vehicle or thing". 2
[8] Section 12 (2) (b) 3
Omit "or soil". Insert instead ", soil or other things". 4
[9] Section 13 Entry and exit points 5
Omit "or soil" from section 13 (1) (b). Insert instead ", soil or other thing". 6
[10] Section 13 (3) (c) 7
Omit "or vehicle". Insert instead ", vehicle or other thing". 8
[11] Section 15 Declaration of restricted areas 9
Omit "or vehicles" from section 15 (2). 10
Insert instead ", vehicles or other things". 11
[12] Section 15 (3) 12
Insert after section 15 (2): 13
(3) For the purposes of this section, a declaration may identify a class 14
or description of things that are not animals, animal products, 15
fodder, fittings, soil or vehicles as affected by the declaration if 16
those things are or could be infected with an emergency animal 17
disease, or could assist the spread of infection of an emergency 18
animal disease. 19
[13] Section 16 Permit for entry or exit 20
Omit "or vehicles" from section 16 (1). 21
Insert instead ", vehicles or other things". 22
[14] Section 16 (2) 23
Omit "or vehicle". Insert instead ", vehicle or other thing". 24
[15] Section 18 Entry and exit points 25
Omit "or vehicle" from section 18 (1). Insert instead ", vehicle or other thing". 26
[16] Section 18 (2) 27
Omit "or vehicles". Insert instead ", vehicle or other thing". 28
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73 Schedule 1
[17] Section 20 Area restriction order 1
Insert after section 20 (1): 2
(1AA) An area restriction order may also authorise inspectors to take 3
measures specified in the order within the restricted area for the 4
purpose of controlling, eradicating or preventing the spread of an 5
emergency animal disease. 6
[18] Section 20 (2) 7
Insert "or authorise" after "require" wherever occurring. 8
[19] Section 22 Control orders 9
Insert "or specified part of the control area" after "control area" in 10
section 22 (1) (a) (v). 11
[20] Section 22 (1A) 12
Insert after section 22 (1): 13
(1A) A control order may also authorise inspectors to take measures 14
specified in the order within the control area or a specified part of 15
the control area for the purpose of controlling, eradicating or 16
preventing the spread of an emergency animal disease. 17
[21] Section 24 Permits 18
Omit "or restricted area" from section 24 (1) (a). 19
Insert instead ", restricted area or control area". 20
[22] Section 24 (2A) 21
Omit "Minister". Insert instead "Director-General". 22
[23] Part 3A 23
Insert after Part 3: 24
Part 3A Control of emergency animal pests 25
Division 1 Duties 26
27A Duty to notify 27
A person: 28
(a) who owns any premises on which the person suspects there 29
is an emergency animal pest, or 30
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 1 Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73
(b) who owns, or is in charge of, or has in his or her possession 1
or control, an animal that the person suspects is an 2
emergency animal pest, or 3
(c) who, in a professional capacity, is consulted in relation to 4
an animal that the person suspects is an emergency animal 5
pest, or in relation to land or premises on which the person 6
suspects there is an emergency animal pest, 7
and who does not, as soon as possible after becoming aware of or 8
suspecting the presence of the emergency animal pest, report it to 9
an inspector by the quickest means of communication available 10
to the person is guilty of an offence. 11
Maximum penalty: 200 penalty units. 12
27B Release of emergency animal pests 13
(1) A person must not: 14
(a) intentionally or recklessly, do or cause or permit the doing 15
of an act that is likely to result in the spread of emergency 16
animal pests on any land, or 17
(b) threaten to do an act or to cause or permit the doing of an 18
act that is likely to result in the spread of emergency 19
animal pests on any land. 20
Maximum penalty: 1,000 penalty units or imprisonment for 21
2 years, or both. 22
(2) This section does not apply to a person who has the authority of 23
the Director-General to be in possession of an emergency animal 24
pest and who is acting in accordance with the regulations. 25
Division 2 Infested places 26
27C Declaration of infested place 27
(1) If the Minister reasonably suspects any premises, place or area 28
within the State to be infested with an emergency animal pest, the 29
Minister may by order declare it to be an infested place. 30
(2) The declaration must identify the classes or descriptions of 31
animal products, fodder, fittings, soil, vehicles or other things 32
that are affected by the declaration. 33
(3) For the purposes of this section, a declaration may identify a class 34
or description of things that are not animal products, fodder, 35
fittings, soil or vehicles as affected by the declaration if those 36
things are or could be infested with emergency animal pests, or 37
could assist the spread of infestation of emergency animal pests. 38
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73 Schedule 1
(4) Written notice of the declaration must be given to the owner or 1
person in charge of or in apparent control of the premises, place 2
or area to which the order relates. 3
27D Permit for entry or exit 4
(1) A person (other than an inspector) who: 5
(a) enters or leaves any premises, place or area declared to be 6
an infested place, or 7
(b) causes, permits or assists any other person to enter or leave 8
any such premises, place or area, or 9
(c) brings, moves or takes, or allows any person to bring, 10
move or take, any animal product, fodder, fitting, soil or 11
other thing to which the relevant declaration applies into, 12
within or out of any such premises, place or area, or 13
(d) causes, permits or assists any vehicle to enter or leave any 14
premises, place or area declared to be an infested place, 15
is guilty of an offence unless the person is authorised to do so by 16
a permit and the person complies with any conditions set out in 17
the permit. 18
Maximum penalty: 400 penalty units or imprisonment for 19
12 months, or both. 20
(2) Without limiting the powers of an inspector to attach conditions 21
to a permit, a permit may be issued subject to the condition that 22
the holder of the permit, or the animal product, fodder, fitting, 23
soil, vehicle or other thing to which the permit relates: 24
(a) must first be effectively disinfected to the satisfaction of 25
the inspector and in a manner specified by the inspector 26
before leaving or being taken out of the infested place, and 27
(b) must not go or be brought to any other premises or place 28
where any specified animal products, fodder, fittings, soil 29
or other things are located. 30
27E Entry and exit points 31
(1) Any movement of: 32
(a) any vehicle affected by the relevant declaration into or out 33
of an infested place, or 34
(b) any animal product, fodder, fittings, soil or other thing 35
affected by the relevant declaration into or out of an 36
infested place, or 37
(c) any person into or out of any such infested place, 38
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 1 Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73
must be made only through a point or points specified in a notice 1
issued by an inspector to the person in charge, or in apparent 2
control, of the infested place. 3
(2) The inspector may cause the notice to be published in a local 4
newspaper or on the Department's internet website, or both. 5
(3) A person who knows or has reason to believe any premises, place 6
or area to be an infested place and who, in contravention of this 7
section: 8
(a) goes into or out of the infested place, or 9
(b) moves any other person into or out of the infested place, or 10
(c) moves any animal product, fodder, fitting, soil, vehicle or 11
other thing affected by the relevant declaration into or out 12
of the infested place, 13
is guilty of an offence. 14
Maximum penalty: 400 penalty units or imprisonment for 15
12 months, or both. 16
Division 3 Restricted areas 17
27F Declaration of restricted area 18
(1) If, in the opinion of the Minister, there is a possibility that any 19
premises, place or area within the State may be or become 20
infested with an emergency animal pest, the Minister may by 21
order in writing declare the premises, place or area concerned to 22
be a restricted area. 23
(2) The declaration must identify the boundaries of the restricted area 24
and the classes or descriptions of animal products, fodder, 25
fittings, soil, vehicles or other things that are affected by it. 26
(3) For the purposes of this section, a declaration may identify a class 27
or description of things that are not animal products, fodder, 28
fittings, soil or vehicles as affected by the declaration if those 29
things are or could be infested with emergency animal pests, or 30
could assist the spread of infestation of emergency animal pests. 31
(4) Notice of an order declaring any premises, place or area to be a 32
restricted area must be published: 33
(a) in the Gazette, and 34
(b) in a local newspaper or on the Department's internet 35
website, or both. 36
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73 Schedule 1
(5) An order of which notice has not been so published within 1
14 days after it was made is taken (unless it has already been 2
revoked) to have been revoked at the end of that 14-day period. 3
27G Permit for entry or exit 4
(1) A person who causes or permits any animal products, fodder, 5
fittings, soil, vehicles or other things to which the relevant 6
declaration applies to be moved into, within or out of a restricted 7
area is guilty of an offence unless the person is authorised to do 8
so by a permit and the person complies with any condition set out 9
in the permit. 10
Maximum penalty: 400 penalty units or imprisonment for 11
12 months, or both. 12
(2) Without limiting the powers of an inspector to attach conditions 13
to a permit, a permit referred to in subsection (1) may be issued 14
subject to the condition that the holder of the permit, or the 15
animal product, fodder, fitting, soil, vehicle or other thing to 16
which the permit relates, is effectively disinfected to the 17
satisfaction of the inspector and in a manner specified by the 18
inspector, before leaving or being taken out of the restricted area. 19
27H Variation of boundaries of restricted areas including parts of 20
roadways 21
(1) The boundaries of a restricted area as fixed by the relevant 22
declaration may be varied, in so far as a restricted area includes 23
any part of a roadway, by moving, in a manner appropriate to the 24
new boundary, any sign placed pursuant to this Act as an 25
indicator of the boundaries of the restricted area across the 26
roadway. 27
(2) The variation takes effect when the sign is moved to indicate the 28
variation. 29
27I Entry and exit points 30
(1) Any movement of any animal product, fodder, fittings, soil, 31
vehicle or other thing affected by the relevant declaration into or 32
out of a restricted area must be made only through a point or 33
points specified in a notice issued by an inspector and published 34
in a local newspaper or on the Department's internet website, or 35
both. 36
(2) A person who knows, or has reason to believe, that any premises, 37
place or area has been constituted a restricted area and who 38
moves any animal product, fodder, fittings, soil, vehicle or other 39
thing affected by the relevant declaration into or out of the 40
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 1 Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73
premises, place or area in contravention of this section is guilty 1
of an offence. 2
Maximum penalty: 400 penalty units or imprisonment for 3
12 months, or both. 4
27J Area restriction order 5
(1) The Minister may, by order published in the Gazette (an area 6
restriction order), direct all or any specified persons or class of 7
persons within a restricted area to take measures specified in the 8
order for the purpose of controlling, eradicating or preventing the 9
spread of an emergency animal pest. 10
(2) An area restriction order may also authorise inspectors to take 11
measures specified in the order within the restricted area for the 12
purpose of controlling, eradicating or preventing the spread of an 13
emergency animal pest. 14
(3) An area restriction order must also be published in a local 15
newspaper or on the Department's internet website, or both. 16
(4) An area restriction order takes effect on publication and may do 17
any of the following: 18
(a) require or authorise premises, vehicles or things (including 19
soil) to be disinfected, 20
(b) require or authorise inspectors to take measures specified 21
in the order within the restricted area for the purpose of 22
controlling, eradicating or preventing the spread of an 23
emergency animal pest, 24
(c) require or authorise other measures to be taken which the 25
Minister considers reasonably necessary in the 26
circumstances. 27
(5) A person who contravenes an area restriction order is guilty of an 28
offence. 29
Maximum penalty: 400 penalty units or imprisonment for 30
12 months, or both. 31
Division 4 Control areas 32
27K Declaration of control area 33
(1) The Minister may by order in writing declare any premises, place 34
or area within the State to be a control area if, in the opinion of 35
the Minister, this is reasonably necessary for the purpose of 36
preventing the spread of an emergency animal pest. 37
(2) The declaration must identify the boundaries of the control area. 38
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73 Schedule 1
(3) Notice of an order declaring any premises, place or area to be a 1
control area must be published: 2
(a) in the Gazette, and 3
(b) in a local newspaper or on the Department's internet 4
website, or both. 5
(4) An order of which notice has not been so published within 6
14 days after it was made is taken (unless it has already been 7
revoked) to have been revoked at the end of that 14-day period. 8
27L Control orders 9
(1) The Minister may, with respect to the whole or a specified part of 10
a control area, by order in writing (a control order): 11
(a) prohibit, regulate or control the movement of specified 12
animal products, fodder, fittings, soil, vehicles or other 13
things into, out of or within the control area or specified 14
part of the area, or 15
(b) order all or any specified persons within the control area or 16
specified part of the area to take such measures as the 17
Minister thinks fit to contain or eradicate the emergency 18
animal pests, or 19
(c) authorise inspectors to take measures specified in the order 20
within the control area or specified part of the area for the 21
purpose of controlling, eradicating or preventing the 22
spread of the emergency animal pests. 23
(2) A person who contravenes a control order is guilty of an offence. 24
Maximum penalty: 200 penalty units or imprisonment for 25
6 months, or both. 26
(3) A person does not commit an offence under subsection (2) of 27
contravening a control order if the act constituting the 28
contravention is authorised by a permit granted to the person. 29
(4) An order made in accordance with subsection (1) (b) must 30
specify: 31
(a) the control area or the specified part of a control area to 32
which the order relates, and 33
(b) the persons, or the specified persons, to whom the order 34
applies, and 35
(c) the measures that those persons must take. 36
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 1 Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73
Division 5 General 1
27M Permits 2
(1) An inspector may grant a permit authorising: 3
(a) the entry to or exit from, or movement within, an infested 4
place, restricted area or control area, or 5
(b) the carrying out of any activity that is the subject of a 6
control order. 7
(2) The permit has effect for the period of time, and subject to any 8
conditions, specified by the inspector in the permit. The inspector 9
may specify such conditions as the inspector thinks fit, having 10
regard to the nature and circumstances of the emergency animal 11
pest and of the place or area to which the permit applies. 12
(3) Without limiting the basis on which permits may be granted, a 13
permit may be granted on a general basis so that it applies to a 14
specified class of persons. Any such general permit may be 15
granted by such means as may be approved by the 16
Director-General. 17
(4) Any inspector may revoke or vary a permit at any time by notice 18
in writing to the holder of the permit. In the case of a permit that 19
has been granted on a general basis to a specified class of persons, 20
notice of the revocation or variation may be published on the 21
Department's internet website. 22
(5) The holder of a permit that has been revoked must, on request by 23
the inspector, immediately deliver the revoked permit to the 24
inspector who revoked it or to a person nominated by that 25
inspector. 26
Maximum penalty: 5 penalty units. 27
27N Restraint of persons 28
An inspector may, if in the inspector's opinion it is necessary to 29
do so, use reasonable force to restrain a person who is acting 30
contrary to a requirement of this Part from so acting. 31
27O Interfering with fence or gate in declared area 32
A person must not break down, damage or leave open a fence, 33
gate or fastening: 34
(a) that is used for confining any animal, or regulating or 35
preventing the movement of any animal, and 36
(b) that provides access to, or is within, a declared area. 37
Maximum penalty: 5 penalty units. 38
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Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73 Schedule 1
27P Other functions and liabilities not affected 1
Nothing in this Part in any way limits or affects: 2
(a) the functions of an inspector under this Act, or 3
(b) the liability of any person for an offence under any other 4
provision of this Act. 5
[24] Section 28 Entry of animals etc from outside State 6
Omit "or soil" from section 28 (1) wherever occurring. 7
Insert instead ", soil or other things". 8
[25] Section 28 (1A) 9
Insert after section 28 (1): 10
(1A) If the Minister reasonably suspects any premises, place or area 11
outside the State to be infested with an emergency animal pest, 12
the Minister may by order in writing (an importation order) 13
absolutely prohibit, or impose conditions on, the entry or 14
importation into the State of emergency animal pests, animals, 15
animal products, fodder, fittings, soil, vehicles or other things 16
identified by the order. 17
[26] Section 28 (2) 18
Omit "or vehicles except at places specified in the declaration". 19
Insert instead ", vehicles or other things". 20
[27] Section 28 (2) 21
Omit "and vehicles". Insert instead ", vehicles and other things". 22
[28] Section 28 (3) 23
Insert after section 28 (2): 24
(3) For the purposes of this section, an order may identify a class or 25
description of things that are not animals, animal products, 26
fodder, fittings, soil or vehicles if those things are or could be 27
infected with an emergency animal disease or infested with an 28
emergency animal pest, or could assist the spread of infection of 29
an emergency animal disease or the spread of infestation of an 30
emergency animal pest. 31
[29] Section 31 Contravention of importation order 32
Omit "or vehicle". Insert instead ", vehicle or other thing". 33
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 1 Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73
[30] Section 32 Destruction of animals, premises and other property 1
Omit "domestic" wherever occurring in section 32 (1) (a) and (c) and (3). 2
[31] Section 32 (1) (b) 3
Omit "or vehicle". Insert instead ", vehicle or other thing". 4
[32] Section 32 (1A) 5
Insert after section 32 (1): 6
(1A) The Minister may by order in writing (a destruction order) 7
require the destruction of: 8
(a) any emergency animal pest, or 9
(b) any premises (other than a dwelling) or any animal, animal 10
product, fodder, fittings or other thing which the Minister 11
reasonably suspects to be infested with an emergency 12
animal pest and which cannot be effectively disinfected. 13
[33] Section 32 (2) (a) 14
Omit "a domestic animal". 15
Insert instead "an emergency animal pest or other animal". 16
[34] Section 32 (2) (b) 17
Omit "domestic animal". 18
Insert instead "emergency animal pest or other animal". 19
[35] Section 32 (2) (c) 20
Omit "or vehicles" wherever occurring. 21
Insert instead ", vehicles or other things". 22
[36] Section 32 (4) 23
Insert after section 32 (3): 24
(4) The Minister must not order the destruction of an animal that is 25
protected fauna within the meaning of the National Parks and 26
Wildlife Act 1974 unless the Minister has consulted the Minister 27
administering the National Parks and Wildlife Act 1974 about the 28
order. 29
[37] Section 33 Notice of destruction order 30
Insert "emergency animal pest or other" before "animal". 31
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73 Schedule 1
[38] Section 34 Enforcement of destruction order 1
Omit "domestic animal" from section 34 (1). 2
Insert instead "emergency animal pest or other animal". 3
[39] Section 34 (2) 4
Insert "(if any)" after "person in charge". 5
[40] Section 35 Quarantine of places and vehicles 6
Omit "or soil" wherever occurring. Insert instead ", soil or other thing". 7
[41] Section 35 (1) and (2) 8
Omit "on to or out of" wherever occurring. 9
Insert instead "on to, within or out of". 10
[42] Section 35 (1AA) 11
Insert after section 35 (1): 12
(1AA) An inspector may by order in writing (a quarantine order) 13
quarantine and keep secure any premises or place, or part of any 14
premises or place, so as to prohibit or restrict the movement of 15
any suspected emergency animal pest, animal product, fodder, 16
fitting, soil, vehicle or other thing on to, within or out of the 17
premises or place, if the inspector: 18
(a) reasonably suspects the premises or place concerned to be 19
infested with an emergency animal pest, and 20
(b) believes on reasonable grounds that, in order to prevent the 21
spread of the suspected emergency animal pest, it is 22
necessary to make the order. 23
[43] Section 35 (1B) 24
Insert after section 35 (1A): 25
(1B) For the purposes of this section, a quarantine order may identify 26
a class or description of things that are not animals, animal 27
products, fodder, fittings, soil or vehicles if those things are or 28
could be infected with an emergency animal disease or infested 29
with an emergency animal pest, or could assist the spread of 30
infection of an emergency animal disease or infestation of an 31
emergency animal pest. 32
[44] Section 36 Duration of quarantine order 33
Insert "relating to an emergency animal disease" after "quarantine order". 34
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 1 Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73
[45] Section 36 (2) 1
Insert at the end of section 36: 2
(2) A quarantine order relating to an emergency animal pest is in 3
force only: 4
(a) for a period of 40 days from the giving of notice of the 5
order, or 6
(b) for such shorter or longer period as the Director-General 7
determines. 8
[46] Section 38A Undertaking in certain cases 9
Omit "or soil on to or out of" from section 38A (3). 10
Insert instead ", soil or other thing on to, within or out of". 11
[47] Section 39 Disinfection of places and vehicles 12
Omit "or soil" from section 39 (1) (a) (ii). Insert instead ", soil or other thing". 13
[48] Section 39 (1A) 14
Insert after section 39 (1): 15
(1A) An inspector may by order in writing (a disinfection order) 16
direct: 17
(a) the owner or person in charge or in apparent control of any 18
premises or place to disinfect the premises or place (along 19
with any fodder, fitting, soil or other thing within the 20
premises or place and any vehicle within the premises or 21
place), and 22
(b) any other person entering or leaving any premises or place 23
to disinfect any vehicle or other thing on or about them, 24
if the inspector reasonably suspects the premises or place is 25
infested with an emergency animal pest. 26
[49] Section 41 Seizure for unauthorised movements 27
Omit "or soil". Insert instead ", soil or other thing". 28
[50] Section 41 (b) 29
Insert "or infested with an emergency animal pest" after "emergency animal 30
disease". 31
[51] Section 41 (c) 32
Insert "or there are emergency animal pests" after "emergency animal 33
disease". 34
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73 Schedule 1
[52] Section 42 Seized animals and property 1
Insert "or emergency animal pest" after "emergency animal disease" in 2
section 42 (1). 3
[53] Section 43 Verbal and documentary information 4
Insert "or emergency animal pest" after "emergency animal disease" in 5
section 43 (1). 6
[54] Section 43 (1) (a) 7
Insert "or pest" after "disease" wherever occurring. 8
[55] Section 45 Search and entry and other powers 9
Omit "authorised" from section 45 (1). 10
[56] Section 45 (1) (h) 11
Omit the paragraph. Insert instead: 12
(h) inspect, examine, test, disinfect, fumigate, take samples 13
from or take photographs or video recordings of any 14
premises, place, area, fodder, fitting, soil, vehicle or other 15
thing, 16
[57] Section 45 (1) (i) 17
Insert "emergency animal pest or" before "free-living animal". 18
[58] Section 45 (2) 19
Insert ", a declaration of a control area" after "infected place". 20
[59] Section 46 Requiring assistance 21
Insert "or infested with an emergency animal pest" after "emergency animal 22
disease" in section 46 (1) (a). 23
[60] Section 46 (2) (h) 24
Insert after section 46 (2) (g): 25
(h) disinfect any premises, place, area or vehicle. 26
[61] Part 6, heading 27
Insert "and Pests" after "Diseases". 28
[62] Section 51 Establishment of the Fund 29
Insert "and Pests" after "Diseases". 30
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 1 Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73
[63] Section 51 1
Insert "or emergency animal pests" after "emergency animal diseases". 2
[64] Section 52 Payments to the Fund 3
Insert "or emergency animal pests" after "emergency animal diseases" in 4
section 52 (a). 5
[65] Section 53 Purposes of the Fund 6
Insert "or emergency animal pest" after "emergency animal disease" wherever 7
occurring in section 53 (a). 8
[66] Section 67 Delegation 9
Insert at the end of the section: 10
(2) The Director-General may delegate the exercise of any function 11
of the Director-General under this Act (other than this power of 12
delegation) to: 13
(a) any member of staff of the Department, or 14
(b) any person, or any class of persons, authorised for the 15
purposes of this section by the regulations. 16
[67] Section 70AA 17
Insert after section 70: 18
70AA Reasonable suspicion of emergency animal pest infestation 19
(1) For the purposes of this Act, an animal, place or thing may 20
reasonably be suspected of being infested with an emergency 21
animal pest if there is reason to think: 22
(a) that an emergency animal pest is present in or on the 23
animal, place or thing, or 24
(b) that there is present in or on the place or thing a vehicle or 25
thing that has been in or on another place when an 26
emergency animal pest was present in or on that other 27
place. 28
(2) This section does not prejudice any other evidence or 29
consideration by which an inspector or other person might 30
reasonably suspect that an animal, place or thing is infested with 31
an emergency animal pest. 32
[68] Section 76 Protection of control programs 33
Insert "or an incursion of an emergency animal pest" after "emergency animal 34
disease" wherever occurring in section 76 (1) and (2). 35
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Animal Diseases (Emergency Outbreaks) Act 1991 No 73 Schedule 1
[69] Section 76 (1) (b) 1
Insert "or pest" after "the disease". 2
[70] Schedule 1 Savings and transitional provisions 3
Insert at the end of clause 1 (1): 4
Primary Industries Legislation Amendment (Biosecurity) 5
Act 2012 6
[71] Dictionary, definition of "disinfected" 7
Insert "or infestation" after "infection". 8
[72] Dictionary 9
Insert in alphabetical order: 10
emergency animal pest--see section 6B. 11
[73] Dictionary, definition of "Fund" 12
Insert "and Pests" after "Diseases". 13
[74] Dictionary, definition of "treatment" 14
Omit the definition. Insert instead: 15
treatment means any procedure: 16
(a) for curing, or for the alleviation, control, prevention or 17
eradication of, an emergency animal disease, and includes 18
vaccination, or 19
(b) for the alleviation, control, prevention or eradication of an 20
emergency animal pest. 21
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 2 Amendment of Fisheries Management Act 1994 No 38
Schedule 2 Amendment of Fisheries Management 1
Act 1994 No 38 2
[1] Sections 181 and 183 3
Insert "or boat" after "area" where firstly occurring in the definition of 4
quarantine area in section 181 and in section 183 (1). 5
[2] Section 183 Minister may declare quarantine area 6
Omit section 183 (3). Insert instead: 7
(3) An order declaring a quarantine area is to be published in the 8
Gazette. However, if the Minister considers the order is required 9
urgently, the order may be published: 10
(a) in a newspaper circulating, or by radio or television 11
broadcast, in the area to which the order applies, or 12
(b) on the Department's internet website. 13
(3A) The order is not required to be so published if served on the 14
owner or occupier of the area or boat concerned. 15
(3B) The order commences on the day it is published or served in 16
accordance with this section, or on such later day as may be 17
specified in the order. 18
[3] Section 183 (4) (a2) 19
Insert after section 183 (4) (a1): 20
(a2) prohibit or restrict the movement of fish or marine 21
vegetation or specified fish or marine vegetation into, 22
within or out of the quarantine area, and 23
[4] Section 183 (4) (b) 24
Insert "quarantine" before "area". 25
[5] Section 183 (4) 26
Omit "in the Gazette". Insert instead "in accordance with this section". 27
[6] Section 183 (4A) (b) 28
Omit "(including any boat) within a quarantine area". 29
Insert instead "or boat that is within a quarantine area or the master of any such 30
boat". 31
[7] Section 187 Regulations relating to diseased fish and marine vegetation 32
Insert "or in or on a boat" after "other place" in section 187 (2) (c). 33
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Fisheries Management Act 1994 No 38 Schedule 2
[8] Sections 209C and 209D 1
Insert after section 209B: 2
209C Minister may declare quarantine area 3
(1) The Minister may, by order, declare any area or boat specified in 4
the order to be a quarantine area because of the presence or 5
suspected presence of noxious fish or noxious marine vegetation. 6
(2) An area may be declared a quarantine area if: 7
(a) it is subject to an aquaculture permit, or 8
(b) it is an area of water, or 9
(c) it is an area in the immediate vicinity of an area of water, or 10
(d) it is a pet shop or an aquarium kept for commercial 11
purposes or other place where noxious fish or suspected 12
noxious fish are found that is used for commercial 13
purposes. 14
(3) An order declaring a quarantine area is to be published in the 15
Gazette. However, if the Minister considers the order is required 16
urgently, the order may be published: 17
(a) in a newspaper circulating, or by radio or television 18
broadcast, in the area to which the order applies, or 19
(b) on the Department's internet website. 20
(4) The order is not required to be so published if served on the 21
owner or occupier of the area or boat concerned. 22
(5) The order commences on the day it is published or served in 23
accordance with this section, or on such later day as may be 24
specified in the order. 25
(6) An order declaring a quarantine area may: 26
(a) prohibit the taking of fish or marine vegetation or specified 27
fish or marine vegetation in or from the quarantine area, 28
and 29
(b) prohibit or restrict the movement of fish or marine 30
vegetation or specified fish or marine vegetation into, 31
within or out of the quarantine area, and 32
(c) exclude specified provisions of this Division in respect of 33
any fish or marine vegetation, or specified fish or marine 34
vegetation, taken from or deposited in the quarantine area 35
or any part of the quarantine area, and 36
(d) require a relevant person to take such action as is specified 37
in the order or directed by a fisheries officer (including the 38
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 2 Amendment of Fisheries Management Act 1994 No 38
destruction or treatment of fish or marine vegetation 1
cultivated or located in the quarantine area), and 2
(e) contain any other provisions authorised by the regulations. 3
If the order is not published in accordance with this section, the 4
provisions of the order apply only to the persons on whom the 5
order is served. 6
(7) For the purposes of this section, a relevant person means: 7
(a) the holder of an aquaculture permit in respect of a 8
quarantine area or part of a quarantine area, or 9
(b) the owner or occupier of any land or premises or any boat 10
that is or is within a quarantine area or the master of any 11
such boat. 12
(8) A person who, without reasonable excuse, contravenes a 13
provision of an order declaring a quarantine area is guilty of an 14
offence. 15
Maximum penalty: In the case of a corporation, 1,000 penalty 16
units or, in any other case, 500 penalty units. 17
(9) If a relevant person fails to take any action required by an order 18
declaring a quarantine area, a fisheries officer may enter the 19
quarantine area and take the required action. 20
(10) Subsection (9) does not authorise a fisheries officer to enter any 21
premises used for residential purposes. 22
(11) If the fisheries officer takes such action: 23
(a) the relevant person is not entitled to any compensation for 24
any loss reasonably caused in taking that action, and 25
(b) the Minister may recover from the relevant person the 26
costs of taking that action as a debt in a court of competent 27
jurisdiction. 28
209D Release of noxious fish or noxious marine vegetation prohibited 29
(1) A person must not intentionally or recklessly release into any 30
waters any live noxious fish or live noxious marine vegetation 31
otherwise than under the authority of a permit issued by the 32
Minister for the purposes of this section. 33
Maximum penalty: In the case of a corporation, 500 penalty units 34
or, in any other case, 100 penalty units. 35
(2) This section does not apply: 36
(a) if the fish are released in waters in which they are not 37
noxious fish, or the marine vegetation is released in waters 38
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Fisheries Management Act 1994 No 38 Schedule 2
in which it is not noxious marine vegetation, for the 1
purposes of this Division, or 2
(b) to the immediate return of fish to waters from which they 3
were taken. 4
(3) In this section, release fish or marine vegetation includes 5
depositing them or permitting them to escape. 6
[9] Section 210 Sale of noxious fish or noxious marine vegetation prohibited 7
Omit "100 penalty units or, in any other case, 50 penalty units". 8
Insert instead "500 penalty units or, in any other case, 100 penalty units". 9
[10] Section 214B 10
Insert after section 214A: 11
214B Regulations relating to noxious fish and noxious marine 12
vegetation 13
(1) The regulations may make provision for or with respect to 14
eliminating or preventing the spread of noxious fish and noxious 15
marine vegetation. 16
(2) In particular, the regulations may make provision for or with 17
respect to the following: 18
(a) the destruction of noxious fish or noxious marine 19
vegetation, 20
(b) the examination and testing of fish or marine vegetation 21
taken from or found in a quarantine area, 22
(c) the notification to the Minister or a fisheries officer of the 23
presence or suspected presence of noxious fish or noxious 24
marine vegetation in an area subject to an aquaculture 25
permit, pet shop, aquarium or other place or in or on a boat. 26
[11] Section 242 Power of seizure 27
Insert "and to take photographs and video recordings of the thing" after 28
"inspect the thing" in section 242 (1). 29
[12] Schedule 7 Savings, transitional and other provisions 30
Insert at the end of clause 2 (1): 31
Primary Industries Legislation Amendment (Biosecurity) 32
Act 2012 33
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 3 Amendment of Noxious Weeds Act 1993 No 11
Schedule 3 Amendment of Noxious Weeds Act 1993 1
No 11 2
[1] Section 10 Emergency weed control orders 3
Omit ", by order published in the Gazette," from section 10 (1). 4
[2] Section 10 (2) 5
Omit "3 months". Insert instead "12 months". 6
[3] Section 10 (2A)-(2C) 7
Insert after section 10 (2): 8
(2A) An emergency weed control order is to be published in the 9
Gazette. However, if the Minister considers the order is required 10
urgently, the order may be published: 11
(a) in a newspaper circulating, or by radio or television 12
broadcast, in the area in which the land subject to the order 13
is located, or, if appropriate, in a newspaper circulating 14
throughout the whole State, or 15
(b) on the Department's internet website. 16
(2B) If an order is published in accordance with subsection (2A) other 17
than in the Gazette, the Minister is to publish the order as soon as 18
practicable in the Gazette. 19
(2C) The order commences on the day it is first published in 20
accordance with this section, or on such later day as may be 21
specified in the order. 22
[4] Section 15 Occupiers of land must notify local control authority of 23
notifiable weeds 24
Omit "3 days". Insert instead "24 hours". 25
[5] Section 16A 26
Insert after section 16: 27
16A Duty of other persons to notify local control authority of notifiable 28
weeds 29
A person who, in a professional capacity, becomes aware or 30
suspects that a plant on land is a notifiable weed must notify the 31
local control authority for the land of that fact within 24 hours of 32
becoming aware or suspecting that the notifiable weed is on the 33
land. 34
Maximum penalty: 20 penalty units. 35
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Noxious Weeds Act 1993 No 11 Schedule 3
[6] Section 34A Minister may declare quarantine area 1
Insert "or that the Minister considers are reasonably likely to spread to the 2
land" after "the land" in section 34A (1). 3
[7] Section 34A (5)-(5B) 4
Omit section 34A (5). Insert instead: 5
(5) An order declaring land to be a quarantine area must be published 6
in a newspaper circulating in the area in which the land is located. 7
However, if the Minister considers that the order is urgently 8
required, the order may be published on the Department's 9
internet website. 10
(5A) If an order is published in accordance with subsection (5) on the 11
Department's internet website, the Minister is to publish the 12
order as soon as practicable in a newspaper circulating in the area 13
in which the land is located. 14
(5B) The order commences on the day it is first published in 15
accordance with this section, or on such later day as may be 16
specified in the order. 17
[8] Section 34A (6) 18
Omit "6 months". Insert instead "12 months". 19
[9] Section 44 Inspections and investigations 20
Insert after section 44 (c): 21
(c1) test, treat or disinfest any noxious weed material or any 22
vegetable or other matter that the inspector or authorised 23
officer reasonably suspects contains noxious weed 24
material, 25
[10] Section 44 (j) 26
Insert after section 44 (i): 27
(j) test, treat or disinfest any box, container, package or 28
receptacle (including any place that could be used as a 29
receptacle) in or about those premises that the inspector or 30
authorised officer reasonably suspects contains any 31
noxious weed material or vegetable or other matter 32
containing noxious weed material. 33
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 3 Amendment of Noxious Weeds Act 1993 No 11
[11] Section 64A 1
Insert after section 64: 2
64A Protection of emergency actions 3
(1) The Minister may, by order published in the Gazette, declare: 4
(a) that a notifiable weed emergency affects a specified part or 5
the whole of New South Wales or there is a likelihood that 6
such an emergency is imminent in New South Wales, and 7
(b) that it is necessary to make orders or take other actions 8
under this Act (emergency actions) to control the 9
notifiable weed concerned, and 10
(c) the specified period (the emergency period) during which 11
emergency actions are required to be taken to enable 12
effective control of the notifiable weed. 13
(2) A court must not issue an interim injunction, make any other 14
interim order or give any other interim relief having the effect of 15
preventing, restricting or deferring any emergency action or 16
anything authorised or required to be done pursuant to an 17
emergency action during the emergency period. 18
(3) An order under this section takes effect on publication or on such 19
later day as is specified in the order. 20
(4) This section does not prevent a court from making a permanent 21
injunction or other final order in any proceedings at any time. 22
[12] Schedule 2 Savings, transitional and other provisions 23
Insert at the end of clause 2 (1): 24
Primary Industries Legislation Amendment (Biosecurity) 25
Act 2012 26
Page 26
Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Plant Diseases Act 1924 No 38 Schedule 4
Schedule 4 Amendment of Plant Diseases Act 1924 1
No 38 2
[1] Section 3 Definitions 3
Omit "proclamation" wherever occurring from the definitions of Disease, 4
Fruit, Pest and Vegetable in section 3 (1). 5
Insert instead "order". 6
[2] Section 3 (1) 7
Insert in alphabetical order: 8
Emergency disease means a disease declared by an order under 9
section 28B to be an emergency disease for the purposes of this 10
Act. 11
Emergency pest means a pest declared by an order under section 12
28B to be an emergency pest for the purposes of this Act. 13
Land includes: 14
(a) a bay, inlet, lagoon, lake or body of water, whether inland 15
or not and whether tidal or non-tidal, and 16
(b) a watercourse, river or stream, whether tidal or non-tidal. 17
Treat means carry out a procedure for curing, alleviating, 18
controlling, preventing or eradicating a disease or pest. 19
[3] Section 3 (1), definition of "Infected" 20
Insert "or infested" after "infected". 21
[4] Section 5A Treatment and eradication of diseases and pests 22
Omit "published in the Gazette" from section 5A (1). 23
[5] Section 5A (2) (c) 24
Insert "(whether or not infected)" after "any thing". 25
[6] Section 5A (2) (d) 26
Omit "in the Gazette". Insert instead "in accordance with this section". 27
[7] Section 5A (2A) and (2B) 28
Insert after section 5A (2): 29
(2A) An order made by the Minister under this section is to be 30
published in the Gazette. However, if the Minister considers the 31
order is required urgently, the order may be published: 32
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 4 Amendment of Plant Diseases Act 1924 No 38
(a) in a newspaper circulating, or by radio or television 1
broadcast, in the area to which the order applies, or 2
(b) on the Department's internet website. 3
(2B) If an order is published in accordance with subsection (2A) (a) or 4
(b), the Minister is to publish the order as soon as practicable in 5
the Gazette. 6
[8] Section 5A (3) 7
Omit the subsection. Insert instead: 8
(3) Sections 40 and 41 of the Interpretation Act 1987 apply to an 9
order made under subsection (1) in the same way as they apply to 10
a statutory rule within the meaning of that Act published on the 11
NSW legislation website. 12
[9] Section 6 Declaration of quarantine area 13
Omit "published in the Gazette". 14
[10] Section 6 (2) and (3) 15
Insert at the end of section 6: 16
(2) A notification by the Minister under this section is to be 17
published in the Gazette. However, if the Minister considers the 18
notification is required urgently, the notification may be 19
published: 20
(a) in a newspaper circulating, or by radio or television 21
broadcast, in the area to which the notification applies, or 22
(b) on the Department's internet website. 23
(3) If a notification is published in accordance with subsection (2) (a) 24
or (b), the Minister is to publish the notification as soon as 25
practicable in the Gazette. 26
[11] Section 7 Undertaking in prescribed cases 27
Insert after section 7 (3): 28
(4) For the purposes of this section, an inspector may, on behalf of 29
the Minister, accept an undertaking given by an owner or 30
occupier in a form acceptable to the inspector and release the 31
owner or occupier from an undertaking. 32
[12] Section 8 Quarantine 33
Omit "in the Gazette" from section 8 (5). 34
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Plant Diseases Act 1924 No 38 Schedule 4
[13] Section 8 (6) 1
Omit "a like". 2
[14] Section 8 (7) and (8) 3
Insert after section 8 (6): 4
(7) A notification by the Minister under this section is to be 5
published in the Gazette. However, if the Minister considers the 6
notification is required urgently, the notification may be 7
published: 8
(a) in a newspaper circulating, or by radio or television 9
broadcast, in the area to which the notification applies, or 10
(b) on the Department's internet website. 11
(8) If a notification is published in accordance with subsection (7) (a) 12
or (b), the Minister is to publish the notification as soon as 13
practicable in the Gazette. 14
[15] Section 10 15
Omit the section. Insert instead: 16
10 Notification of notifiable diseases and pests 17
(1) This section applies to the following diseases and pests 18
(notifiable diseases and pests): 19
(a) emergency diseases and emergency pests, 20
(b) diseases and pests specified for the purposes of this section 21
by the Governor by proclamation published in the Gazette. 22
(2) A person: 23
(a) who owns or occupies any land or premises on which the 24
person suspects there is a notifiable disease or pest, or 25
(b) who owns, or is in charge of, or has in his or her possession 26
or control, a plant, plant product or soil that the person 27
suspects is infected with a notifiable disease or pest, or 28
(c) who is, in a professional capacity, consulted in relation to 29
a plant, plant product or soil that the person suspects is 30
infected with a notifiable disease or pest, 31
and who does not, as soon as possible after becoming aware of or 32
suspecting the presence of the notifiable disease or pest report its 33
presence to an inspector or the Director-General by the quickest 34
means of communication available to the person is guilty of an 35
offence. 36
Maximum penalty: 100 penalty units. 37
Page 29
Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 4 Amendment of Plant Diseases Act 1924 No 38
[16] Section 13 Powers of inspection 1
Insert before section 13 (1BA): 2
(1BAA) An inspector may enter any land, premises, vehicle or vessel for 3
the purpose of carrying out surveillance work in relation to any 4
plants, coverings or other things if the inspector reasonably 5
suspects that a disease or pest is present at or is likely to spread 6
to that land, premises, vehicle or vessel. 7
[17] Section 13 (1BA) (a) 8
Omit "subsection (1B) (a)". Insert instead "subsection (1BAA) or (1B) (a)". 9
[18] Section 13 (1BA) (b) 10
Insert "or take photographs or video recordings of" after "take samples of". 11
[19] Section 13A Control orders 12
Insert after section 13A (1): 13
(1A) If the Minister believes on reasonable grounds that it is necessary 14
to do so in order to eradicate or prevent the spread of an 15
emergency disease or emergency pest, an order may authorise an 16
inspector to do any of the following: 17
(a) destroy or otherwise dispose of any plants or fruit (whether 18
or not infected), or any coverings with which such plants 19
or fruit have been contained, 20
(b) destroy any other property (other than a dwelling). 21
[20] Section 13A (5) 22
Omit "6 months". Insert instead "12 months". 23
[21] Section 13B Objection to certain works authorised by control order 24
Insert after section 13B (3): 25
(4) This section does not apply to an order under section 13A (1) that 26
relates to an emergency disease or emergency pest or to an order 27
referred to in section 13A (1A). 28
[22] Section 15 Quarantine of infected lands or premises 29
Omit "thereon for a period of not exceeding twenty-one days" from 30
section 15 (1). 31
Insert instead "on the land or premises for a specified period". 32
Page 30
Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Plant Diseases Act 1924 No 38 Schedule 4
[23] Section 15 (2) and (3) 1
Omit section 15 (2). Insert instead: 2
(2) The notice may specify the date on which a measure or act is to 3
be taken or done or commenced and the period within which any 4
such measure or act is to be completed. 5
(3) The quarantine period specified is to be a period not exceeding 6
40 days, or such other period as the Director-General may 7
determine in a specified case. 8
[24] Section 18 Power to require information and documents 9
Omit section 18 (1). Insert instead: 10
(1) An inspector may do any of the following for the purposes of 11
controlling, eradicating or preventing the spread of a disease or 12
pest: 13
(a) require a person to answer any question that the inspector 14
reasonably believes may provide information relevant to 15
the control or eradication of the disease or pest or 16
prevention of the spread of the disease or pest, 17
(b) require a person to produce any record or document, 18
(c) inspect and take extracts from or copies of any record or 19
other document. 20
[25] Section 18 (2) (c) 21
Insert at the end of section 18 (2) (b): 22
or 23
(c) without reasonable excuse, fails to produce any record or 24
document, 25
[26] Section 18AA 26
Insert after section 18: 27
18AA Protection from incrimination 28
(1) A person is not excused from a requirement under this Act to 29
make a statement, to give or furnish information, to answer a 30
question or to produce a document on the ground that the 31
statement, information, answer or document might incriminate 32
the person or make the person liable to a penalty. 33
(2) However, any statement made or any information or answer 34
given or furnished by a natural person in compliance with a 35
requirement under this Act is not admissible in evidence against 36
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 4 Amendment of Plant Diseases Act 1924 No 38
the person in criminal proceedings (except proceedings for an 1
offence under section 18, 23 (2), 25A or 25C) if: 2
(a) the person objected at the time to doing so on the ground 3
that it might incriminate the person, or 4
(b) the person was not warned on that occasion that the person 5
may object to making the statement or giving or furnishing 6
the information or answer on the ground that it might 7
incriminate the person. 8
(3) Any document produced by a person in compliance with a 9
requirement under this Act is not inadmissible in evidence 10
against the person in criminal proceedings on the ground that the 11
document might incriminate the person. 12
(4) Further information obtained as a result of a document produced, 13
a statement made or information or answer given or furnished in 14
compliance with a requirement under this Act is not inadmissible 15
on the ground: 16
(a) that the document, statement, information or answer had to 17
be produced, made, given or furnished, or 18
(b) that the document, statement, information or answer might 19
incriminate the person. 20
[27] Section 24A 21
Insert after section 24: 22
24A Protection of emergency actions 23
(1) The Minister may, by order published in the Gazette, declare: 24
(a) that a plant disease emergency involving an emergency 25
disease or emergency pest affects a specified part or the 26
whole of New South Wales or there is a likelihood that 27
such an emergency is imminent in New South Wales, and 28
(b) that it is necessary to make orders or take other actions 29
under this Act (emergency actions) to eradicate or prevent 30
the spread of the emergency disease or emergency pest 31
concerned, and 32
(c) the specified period (the emergency period) during which 33
emergency actions are required to be taken to enable the 34
eradication or prevention of the spread of the emergency 35
disease or emergency pest to occur. 36
(2) A court must not issue an interim injunction, make any other 37
interim order or give any other interim relief having the effect of 38
preventing, restricting or deferring any emergency action or 39
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Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Amendment of Plant Diseases Act 1924 No 38 Schedule 4
anything authorised or required to be done pursuant to an 1
emergency action during the emergency period. 2
(3) An order under this section takes effect on publication or on such 3
later day as is specified in the order. 4
(4) This section does not prevent a court from making a permanent 5
injunction or other final order in any proceedings at any time. 6
[28] Section 25 Persons not entitled to compensation 7
Insert at the end of the section: 8
(2) This section does not prevent the payment of compensation in 9
accordance with an agreement entered into by this State. 10
[29] Section 28B Orders relating to diseases and pests 11
Omit "Governor may, by proclamation". 12
Insert instead "Minister may, by order". 13
[30] Section 28B (a) 14
Insert ", or any other thing," after "plants". 15
[31] Section 28B (f) and (g) 16
Insert at the end of section 28B (e): 17
, and 18
(f) a disease to be an emergency disease for the purposes of 19
this Act, and 20
(g) a pest to be an emergency pest for the purposes of this Act. 21
[32] Section 28B (2) and (3) 22
Insert at the end of section 28B: 23
(2) An order made by the Minister under this section is to be 24
published in the Gazette. However, if the Minister considers the 25
order is required urgently, the order may be published: 26
(a) in a newspaper circulating, or by radio or television 27
broadcast, in the area to which the order applies, or 28
(b) on the Department's internet website. 29
(3) If an order is published in accordance with subsection (2) (a) or 30
(b), the Minister is to publish the order as soon as practicable in 31
the Gazette. 32
Page 33
Primary Industries Legislation Amendment (Biosecurity) Bill 2012
Schedule 4 Amendment of Plant Diseases Act 1924 No 38
[33] Section 28BA 1
Insert after section 28B: 2
28BA Commencement of orders and notifications by Minister 3
An order or notification made or given by the Minister under this 4
Act commences on the day it is published in accordance with this 5
Act, or on such later day as may be specified in the order or 6
notification. 7
[34] Schedule 3 Savings and transitional provisions 8
Insert at the end of clause 1 (1): 9
Primary Industries Legislation Amendment (Biosecurity) 10
Act 2012 11
[35] Schedule 3 12
Insert at the end of the Schedule with appropriate Part and clause numbering: 13
Part Provisions consequent on enactment of 14
Primary Industries Legislation Amendment 15
(Biosecurity) Act 2012 16
Continuation of certain instruments 17
Any proclamation made under section 28B, and in force 18
immediately before the commencement of Schedule 4 [29] to the 19
Primary Industries Legislation Amendment (Biosecurity) Act 20
2012, is taken to be an order in force under that section, and may 21
be amended or repealed accordingly. 22
Page 34
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