Animal Diseases Legislation
Amendment (Civil Liability) Bill 2004

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Exotic Diseases of Animals Act 1991 and
the Stock Diseases Act 1923 to provide persons who disclose information that
they are required to disclose under those Acts with protection from civil liability
for such disclosures.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of
assent to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendment to the Exotic
Diseases of Animals Act 1991 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the Stock
Diseases Act 1923 set out in Schedule 2.

Schedule 1 Amendment of Exotic Diseases of Animals
Act 1991
Schedule 1 inserts a new section 75A in the Exotic Diseases of Animals
Act 1991. The new section provides that if a person is required under the Act to
provide any information, the provision of that information by the person does not
subject the person personally to any action, liability, claim or demand.

Examples of the provision of information for this purpose include:

(a) answering a question put to the person under the Act,

(b) giving a notice or other document required under the Act,

(c) producing a record or other document required under the Act.

The new section also provides that it extends to any information required to be
provided under the Act that was provided before the commencement of the new
section, but does not extend to proceedings in respect of the provision of such
information that were brought before that commencement.

Schedule 2 Amendment of Stock Diseases Act 1923
Schedule 2 [2] inserts a new section 22B in the Stock Diseases Act 1923 in
similar terms to the new section inserted by Schedule 1. Schedule 2 [1] omits
section 9A (Protection from liability for notification of diseases) of the Act
because disclosures of the kind referred to in that section will be covered by the
new section.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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