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PARLIAMENT OF VICTORIA
Primary Industries and Food Legislation
Amendment Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 4
PART 2--AMENDMENTS TO THE IMPOUNDING OF
LIVESTOCK ACT 1994 5
3 Power to enter land or building and impound abandoned
livestock 5
4 New section 5B inserted 5
5B Power to enter land or building and impound
inadequately confined livestock 5
5 General duty of persons who impound livestock 7
6 Entitlement to reimbursement of charges 7
7 Notice of seizure 7
8 Duties of authorised officer of council 7
9 Release of livestock from pound 8
10 Substitution of heading to Division 2 of Part 2 8
11 Power to serve notice objecting to the trespassing of livestock 8
12 Power to serve notice on owner regarding confinement of
livestock 9
13 Holding period for impounded livestock 10
14 Offence if livestock trespass after service of notice under
section 16A 11
15 Offence if non-compliance with notice served under
section 16B 11
16 Regulations 11
PART 3--AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994 12
17 Minister may declare unusual circumstances of disease or
death in livestock 12
18 Notification of unusual circumstances of disease or death in
livestock 12
19 No cattle or pigs on sewage land 12
571209B.I-14/8/2012 i BILL LA INTRODUCTION 14/8/2012
Clause Page
20 Registration of beekeepers 13
21 Annual fees 13
22 New section 49A inserted 14
49A Secretary may cancel registration if fee not paid 14
23 Exposure of bees to infected articles etc. 14
24 Compensatable diseases 14
25 Compensation payable out of Fund 15
26 Section 79C substituted 15
79C Compensation payable for declared diseases 15
27 Records of notifications etc. 15
28 Treatment notice 15
29 New section 121A inserted 16
121A Secretary may request information relating to land
from Councils 16
30 Power to serve a notice 17
PART 4--AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986 18
31 Application of Act 18
32 Codes of Practice 18
33 Defences to cruelty or aggravated cruelty 18
34 Serious offences 19
35 General inspectors 20
36 Specialist inspectors 20
37 New section 20A inserted 20
20A Department Head may declare animals at risk due
to an emergency 20
38 New section 24KA inserted 22
24KA Search warrant for premises if non-compliance with
section 24ZTA 22
39 Seizure of things not mentioned in the warrant and taking of
samples 23
40 Court orders as to costs and disposal of animals 23
41 New section 24ZTA inserted 23
24ZTA Requirement to make documents available for
inspection 23
42 New sections 24ZX and 24ZY inserted 24
24ZX Conduct of proceedings 24
24ZY Court to take judicial notice 25
43 Offences relating to scientific procedures carried out at
scientific premises 25
44 New section 35A inserted 25
35A Offences as to authorized officers 25
45 Offences 26
571209B.I-14/8/2012 ii BILL LA INTRODUCTION 14/8/2012
Clause Page
46 New section 44 inserted 26
44 Primary Industries and Food Legislation
Amendment Act 2012 26
PART 5--AMENDMENTS TO THE FOOD ACT 1984 28
47 Definitions 28
48 Meaning of primary food production 29
49 New section 4I inserted 30
4I Declared authority for the purposes of references in
Chapter 4 of the Food Standards Code 30
50 Orders 31
51 Application of Act to primary food production 31
52 New section 7BA inserted 32
7BA Role of Department of Primary Industries 32
53 Compliance with Food Standards Code 32
54 Orders relating to food premises 32
55 New section 19AA inserted 33
19AA Orders relating to premises on which primary food
production and related activities are carried out 33
56 Secretary may accept undertaking 37
57 Powers of authorized officers 37
58 Remedy in respect of articles seized 37
59 Analysts 38
60 Power of court to order forfeiture 39
61 Evidentiary provisions 40
62 Evidentiary certificate signed by the Secretary 40
63 New section 50AAB inserted 41
50AAB Evidentiary certificate signed by the Secretary DPI
or the chief executive officer of DFSV or PrimeSafe 41
64 Section 50AC substituted 42
50AC Evidence of signatures 42
65 Secrecy 42
66 Protection against liability 42
67 Delegation by council 43
68 New section 58AB inserted 43
58AB Delegations by Secretary DPI, the DFSV or PrimeSafe 43
69 Regulations 44
70 New Part XV inserted 45
PART XV--TRANSITIONAL AND SAVINGS
PROVISIONS 45
80 Transitional provision--Primary Industries and Food
Legislation Amendment Act 2012 45
571209B.I-14/8/2012 iii BILL LA INTRODUCTION 14/8/2012
Clause Page
PART 6--OTHER AMENDMENTS 46
71 New section 237A inserted into Local Government Act 1989 46
237A Council to provide information relating to land to
inspectors of livestock 46
72 Statute law revision amendments 46
PART 7--REPEAL OF AMENDING ACT 48
73 Repeal of amending Act 48
ENDNOTES 49
571209B.I-14/8/2012 iv BILL LA INTRODUCTION 14/8/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Primary Industries and Food
Legislation Amendment Bill 2012
A Bill for an Act to amend the Impounding of Livestock Act 1994,
the Livestock Disease Control Act 1994, the Prevention of Cruelty
to Animals Act 1986, the Food Act 1984 and the Local Government
Act 1989 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Impounding of Livestock Act
5 1994--
(i) to provide for an additional entry and
impoundment power for authorised
officers of councils relating to
inadequately confined livestock; and
571209B.I-14/8/2012 1 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 1--Preliminary
s. 1
(ii) to provide that notices regarding
trespassing or inadequately confined
livestock may be served on owners or
occupiers of land as well as livestock
5 owners; and
(iii) to make other miscellaneous
amendments to that Act; and
(b) to amend the Livestock Disease Control
Act 1994--
10 (i) to provide for additional offences
relating to cattle, pigs and bees; and
(ii) to give power to the Secretary to the
Department of Primary Industries to
cancel beekeeper registrations if certain
15 fees are not paid; and
(iii) to give power to the Secretary to the
Department of Primary Industries to
request information about land from
Councils; and
20 (iv) to insert additional infringement
offences; and
(v) to make other miscellaneous
amendments to that Act; and
(c) to amend the Prevention of Cruelty to
25 Animals Act 1986--
(i) to insert a defence to cruelty and
aggravated cruelty offences in that Act
if acting in accordance with a
prescribed code of practice; and
30 (ii) to provide that orders disqualifying
persons from being in charge of
animals be able to be made against
persons found guilty without a
conviction or not guilty because of
35 mental impairment of serious offences
571209B.I-14/8/2012 2 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 1--Preliminary
s. 1
as well as persons convicted of such
offences; and
(iii) to give inspectors the power to, by
notice, require production of documents
5 relating to possible offences against
that Act and include an offence for
non-compliance with the notice; and
(iv) to provide for an additional search and
entry power under a warrant for
10 documents relating to possible offences
against that Act; and
(v) to insert additional offences relating to
the discharge of authorized officers'
powers under Part 3 of that Act; and
15 (vi) to make other miscellaneous
amendments to that Act; and
(d) to amend the Food Act 1984--
(i) to confer certain functions on the
Secretary to the Department of Primary
20 Industries in relation to primary food
production and related activities; and
(ii) to provide for persons or bodies to be
declared as a declared authority for the
purposes of Chapter 4 of the Food
25 Standards Code; and
(iii) to provide for persons to be exempted
from certain requirements of the Food
Standards Code; and
(iv) to provide for orders to be made
30 directing persons conducting primary
food production and related activities;
and
571209B.I-14/8/2012 3 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 1--Preliminary
s. 2
(v) to extend the enforcement powers
under Part IV of that Act to apply in
respect of food handled during primary
food production; and
5 (vi) to make other consequential and
miscellaneous amendments to that Act;
and
(e) to amend the Local Government Act 1989
to require Councils to make certain
10 information relating to land available to the
Secretary to the Department of Primary
Industries.
2 Commencement
(1) This Part, Part 5 and section 72 come into
15 operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
20 (3) If a provision referred to in subsection (2) does
not come into operation before 1 July 2013, it
comes into operation on that day.
__________________
571209B.I-14/8/2012 4 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 2--Amendments to the Impounding of Livestock Act 1994
s. 3
PART 2--AMENDMENTS TO THE IMPOUNDING OF
LIVESTOCK ACT 1994
3 Power to enter land or building and impound
abandoned livestock
5 In section 5A(1) of the Impounding of Livestock See:
Act No.
Act 1994, after "a council" insert ", with any 89/1994.
assistance that is necessary,". Reprint No. 3
as at
20 August
2009
and
amending
Act No.
68/2009.
LawToday:
www.
legislation.
vic.gov.au
4 New section 5B inserted
After section 5A of the Impounding of Livestock
10 Act 1994 insert--
"5B Power to enter land or building and
impound inadequately confined livestock
(1) An authorised officer of a council, with any
assistance that is necessary, may enter any
15 land or building (excluding any building
occupied as a residence) in the municipal
district of that council if the officer
reasonably believes that there are livestock
that are not adequately confined on the land
20 or in the building and that either of the
circumstances set out in subsection (4)
applies.
(2) An authorised officer of a council must not
exercise a power under this section except
25 between the hours of 7 a.m. and 7 p.m. if the
reasonable belief of the officer referred to in
subsection (1) relates only to the
circumstances set out in subsection (4)(b).
571209B.I-14/8/2012 5 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 2--Amendments to the Impounding of Livestock Act 1994
s. 4
(3) An authorised officer of a council who enters
any land or building under subsection (1) at
which the owner or occupier of the land or
building is present must take all reasonable
5 steps to inform the owner or occupier of the
purpose of the entry.
(4) If an authorised officer of a council enters
land or a building under subsection (1) and
finds livestock that are not adequately
10 confined on the land or in the building, the
officer may impound the livestock if the
officer is satisfied that--
(a) if the livestock were to wander from the
land or building--
15 (i) the welfare of the livestock or
other livestock would be at risk; or
(ii) there would be a risk to public
safety; or
(b) the livestock are the subject of a notice
20 served on a person under section 16B
requiring the person to take measures to
adequately confine livestock on the
land or in the building and the person
has not taken those measures within the
25 time specified in the notice.
(5) If an authorised officer of a council
impounds any livestock under subsection (4),
the officer must deliver the livestock to a
pound.
30 (6) If an authorised officer of a council exercises
a power of entry under this section without
the owner or occupier of the land or building
being present, the officer must fix a notice to
the building or to the entry gate of the land
35 setting out--
571209B.I-14/8/2012 6 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 2--Amendments to the Impounding of Livestock Act 1994
s. 5
(a) the time of entry; and
(b) the purpose of entry; and
(c) the number and description of any
livestock impounded; and
5 (d) the time of departure; and
(e) the procedure for contacting the
authorised officer of the council for
further details of the entry and the
impoundment of any livestock.".
10 5 General duty of persons who impound livestock
In section 6(1) of the Impounding of Livestock
Act 1994, for "5 or 5A" substitute "5, 5A or 5B".
6 Entitlement to reimbursement of charges
In section 7 of the Impounding of Livestock Act
15 1994, for "section 5 or 5A" substitute "section 5,
5A or 5B".
7 Notice of seizure
(1) In section 8A(1)(f) of the Impounding of
Livestock Act 1994, after "livestock" insert
20 "including the number of days that a council must
hold impounded livestock before the council
disposes of the livestock in accordance with
Part 3".
(2) In section 8A(2) of the Impounding of Livestock
25 Act 1994, after "owner" (where first occurring)
insert "of the impounded livestock".
8 Duties of authorised officer of council
In section 8(2) of the Impounding of Livestock
Act 1994, for "5 or 5A" substitute "5, 5A or 5B".
571209B.I-14/8/2012 7 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 2--Amendments to the Impounding of Livestock Act 1994
s. 9
9 Release of livestock from pound
(1) In section 16(1) of the Impounding of Livestock
Act 1994, for "5 or 5A" substitute "5, 5A or 5B".
(2) After section 16(2)(a) of the Impounding of
5 Livestock Act 1994 insert--
"(ab) the council is satisfied on reasonable grounds
that any notice under section 16B served on
a person in relation to the livestock has been
complied with; and".
10 10 Substitution of heading to Division 2 of Part 2
For the heading to Division 2 of Part 2 of the
Impounding of Livestock Act 1994 substitute--
"Division 2--Powers relating to trespassing or
inadequately confined livestock".
15 11 Power to serve notice objecting to the trespassing of
livestock
(1) For section 16A(1) of the Impounding of
Livestock Act 1994 substitute--
"(1) If an authorised officer of a council
20 reasonably believes that livestock have
trespassed on any land or road, he or she
may serve a notice objecting to the trespass
of the livestock on any one or more of the
following persons--
25 (a) the owner of the livestock;
(b) the owner of the land on which the
livestock are kept or the occupier of
that land if the owner is not the
occupier.".
30 (2) In section 16A(2) of the Impounding of
Livestock Act 1994, for "owner" (where twice
occurring) substitute "person".
571209B.I-14/8/2012 8 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 2--Amendments to the Impounding of Livestock Act 1994
s. 12
12 Power to serve notice on owner regarding
confinement of livestock
(1) For section 16B(1) of the Impounding of
Livestock Act 1994 substitute--
5 "(1) If an authorised officer of a council
reasonably believes that livestock are not
adequately confined on land or in a building,
he or she may serve a notice on any one or
more of the following persons directing that
10 the person or persons take the measures set
out in the notice to ensure the livestock are
adequately confined--
(a) the owner of the livestock;
(b) the owner of the land or building or the
15 occupier of the land or building if the
owner is not the occupier.".
(2) For section 16B(2) of the Impounding of
Livestock Act 1994 substitute--
"(2) A notice under subsection (1)--
20 (a) may be served whether or not any of
the livestock have been impounded in
accordance with section 5B(4)(a); and
(b) must be served on the person personally
or by registered post to the last known
25 address of the person.".
(3) After section 16B(3)(c) of the Impounding of
Livestock Act 1994 insert--
"(ca) a statement that the livestock may be
impounded by an authorised officer of the
30 council--
(i) under section 5B(4)(a), if the officer is
satisfied that the welfare of the
livestock would be at risk or there
would be risk to public safety if the
571209B.I-14/8/2012 9 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 2--Amendments to the Impounding of Livestock Act 1994
s. 13
livestock were to wander from the land
or building; or
(ii) under section 5B(4)(b), if the notice is
not complied with within the specified
5 time;".
13 Holding period for impounded livestock
(1) For the heading to section 17 of the Impounding
of Livestock Act 1994 substitute--
"Holding period for impounded livestock".
10 (2) For section 17(1) of the Impounding of
Livestock Act 1994 substitute--
"(1) Subject to subsection (3), a council must
hold livestock impounded under section 5
or 5B for at least 7 days before the council
15 may dispose of the livestock in accordance
with this Part.".
(3) After section 17(2) of the Impounding of
Livestock Act 1994 insert--
"(3) If a notice under section 16B is served on a
20 person in relation to livestock impounded
under section 5 or 5B(4)(a) before the
impoundment of the livestock or before the
end of the 7 day period referred to in
subsection (1), the council must hold the
25 livestock before disposing of the livestock in
accordance with this Part for at least--
(a) the 7 day period referred to in
subsection (1); or
(b) a period of 3 days after the time within
30 which measures must be taken under
the notice--
whichever period finishes last.".
571209B.I-14/8/2012 10 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 2--Amendments to the Impounding of Livestock Act 1994
s. 14
14 Offence if livestock trespass after service of notice
under section 16A
In section 25A of the Impounding of Livestock
Act 1994--
5 (a) for "the owner of that livestock" substitute
"a person";
(b) for "owner is guilty" substitute "person is
guilty".
15 Offence if non-compliance with notice served under
10 section 16B
In section 25B of the Impounding of Livestock
Act 1994, for "An owner of livestock" substitute
"A person".
16 Regulations
15 After section 34(1)(a) of the Impounding of
Livestock Act 1994 insert--
"(ab) the care and management of impounded
livestock in pounds; and".
__________________
571209B.I-14/8/2012 11 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 3--Amendments to the Livestock Disease Control Act 1994
s. 17
PART 3--AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994
17 Minister may declare unusual circumstances of
disease or death in livestock
5 See:
Act No.
In section 7A(1)(c) of the Livestock Disease
115/1994. Control Act 1994, for "symptoms" substitute
Reprint No. 6 "clinical signs".
as at
1 January
2011
and
amending
Act Nos
29/2011 and
69/2011.
LawToday:
www.
legislation.
vic.gov.au
18 Notification of unusual circumstances of disease or
death in livestock
10 In section 7B of the Livestock Disease Control
Act 1994, for "14 days" substitute "5 days".
19 No cattle or pigs on sewage land
(1) After section 43(2) of the Livestock Disease
Control Act 1994 insert--
15 "(2A) The owner of cattle or pigs must not permit,
suffer or allow the cattle or pigs to be
provided with, or given access to, recycled
water obtained from a sewerage authority.
Penalty: 120 penalty units.".
20 (2) After section 43(3) of the Livestock Disease
Control Act 1994 insert--
"(3A) Subsection (2A) does not apply to a
sewerage authority which permits, suffers or
allows any cattle on land owned or occupied
25 by the sewerage authority to be provided
571209B.I-14/8/2012 12 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 3--Amendments to the Livestock Disease Control Act 1994
s. 20
with, or given access to, recycled water
obtained from the sewerage authority.".
(3) In section 43(4) of the Livestock Disease Control
Act 1994--
5 (a) in paragraph (b), for "land--" substitute
"land; or";
(b) after paragraph (b) insert--
"(c) has been provided with, or given access
to, recycled water obtained from a
10 sewerage authority--";
(c) for "(1) or (2)" substitute "(1), (2) or (2A)".
(4) After section 43(6) of the Livestock Disease
Control Act 1994 insert--
"(7) In this section, recycled water has the same
15 meaning as in section 3(1) of the Water Act
1989.".
20 Registration of beekeepers
After section 48(4) of the Livestock Disease
Control Act 1994 insert--
20 "(4A) A registration or renewal of registration
granted under this section remains in force
for a period of one year from the date that it
was granted or renewed unless sooner
cancelled under section 49A.".
25 21 Annual fees
In section 49 of the Livestock Disease Control
Act 1994, after "annual fee" insert "fixed by the
Minister (if any)".
571209B.I-14/8/2012 13 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 3--Amendments to the Livestock Disease Control Act 1994
s. 22
22 New section 49A inserted
After section 49 of the Livestock Disease
Control Act 1994 insert--
"49A Secretary may cancel registration if fee
5 not paid
The Secretary may cancel the registration of
a beekeeper if a fee required to be paid under
section 49 is not paid in accordance with that
section.".
10 23 Exposure of bees to infected articles etc.
After section 52(2) of the Livestock Disease
Control Act 1994 insert--
"(3) A person must not expose any pollen
collected from bees, which is infected with
15 disease, in any manner that will allow bees to
access the pollen.
Penalty: 60 penalty units.".
24 Compensatable diseases
(1) In section 73(1) of the Livestock Disease Control
20 Act 1994--
(a) for "Compensation" substitute "Except
under section 75(e), compensation";
(b) omit "tuberculosis or".
(2) In section 73(2) of the Livestock Disease Control
25 Act 1994--
(a) for "A reference" substitute "Except in
section 75(e), a reference";
(b) omit "tuberculosis or".
571209B.I-14/8/2012 14 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 3--Amendments to the Livestock Disease Control Act 1994
s. 25
25 Compensation payable out of Fund
(1) In section 77(1) of the Livestock Disease Control
Act 1994--
(a) omit "(1)";
5 (b) omit "except for compensation for
tuberculosis".
(2) Section 77(2) of the Livestock Disease Control
Act 1994 is repealed.
26 Section 79C substituted
10 For section 79C of the Livestock Disease Control
Act 1994 substitute--
"79C Compensation payable for declared
diseases
Compensation is only payable under this
15 Division in respect of any disease that is
declared by Order in Council published in
the Government Gazette to be a
compensatable disease in respect of sheep or
goats.".
20 27 Records of notifications etc.
After section 107B(1)(a) of the Livestock Disease
Control Act 1994 insert--
"(b) information given to the Secretary by a
Council under section 121A;".
25 28 Treatment notice
For section 115(2) of the Livestock Disease
Control Act 1994 substitute--
"(2) A person must not contravene any provision
of a treatment notice in respect of an exotic
30 disease under this section.
Penalty: 120 penalty units.
571209B.I-14/8/2012 15 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 3--Amendments to the Livestock Disease Control Act 1994
s. 29
(3) A person must not contravene any provision
of a treatment notice in respect of a disease
other than an exotic disease under this
section.
5 Penalty: 60 penalty units.".
29 New section 121A inserted
After section 121 of the Livestock Disease
Control Act 1994 insert--
"121A Secretary may request information
10 relating to land from Councils
(1) The Secretary, for or in connection with the
administration of, or in carrying out his or
her functions under, the Act or the
regulations, may make a written request to a
15 Council for the following information
relating to land in the municipal district of
that Council--
(a) the address of the land;
(b) the name, address and contact details of
20 the owner of the land;
(c) if the owner does not occupy the land,
the name, address and contact details of
the occupier (if available);
(d) the zone under the planning scheme
25 applying to the land;
(e) the purpose for which the land is used;
(f) any numbers or codes held by the
Council which can be used to identify
the land.
30 (2) In this section--
Council has the same meaning as in
section 3(1) of the Local Government
Act 1989;
571209B.I-14/8/2012 16 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 3--Amendments to the Livestock Disease Control Act 1994
s. 30
planning scheme means a planning scheme
made under the Planning and
Environment Act 1987 as that
planning scheme is in force from time
5 to time.".
30 Power to serve a notice
In section 126(1) of the Livestock Disease
Control Act 1994, for "48(1), 51(1), 51(2), 94A,
94B, 95(1), 95A(1), 95B(1), 96B or 115A(4)"
10 substitute "48(1), 50(1), 51(1), 51(2), 52(1),
52(2), 52(3), 94A, 94B, 95(1), 95A(1), 95B(1),
96B, 115(3) or 115A(4)".
__________________
571209B.I-14/8/2012 17 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 31
PART 4--AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986
31 Application of Act
See: In section 6(1)(b) of the Prevention of Cruelty to
Act No.
5 46/1986. Animals Act 1986, for "this Act" substitute
Reprint No. 8 "this Act,".
as at
27 May 2010
and
amending
Act No.
75/2011.
LawToday:
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legislation.
vic.gov.au
32 Codes of Practice
(1) Section 7(3) and (4) of the Prevention of Cruelty
to Animals Act 1986 are repealed.
10 (2) After section 7(5) of the Prevention of Cruelty to
Animals Act 1986 insert--
"(5A) The power to make, vary or revoke a Code
of Practice under subsection (1) is subject to
the Code of Practice or the variation or
15 revocation of a Code of Practice being
disallowed by either House of the
Parliament.".
33 Defences to cruelty or aggravated cruelty
(1) Insert the following heading to section 11 of the
20 Prevention of Cruelty to Animals Act 1986--
"Defences to cruelty or aggravated cruelty".
(2) At the end of section 11 of the Prevention of
Cruelty to Animals Act 1986 insert--
"(2) It is a defence to a prosecution for an offence
25 under section 9 or 10 in relation to an
activity if the person charged was carrying
out the activity in accordance with a code of
571209B.I-14/8/2012 18 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 34
practice prescribed for the purposes of this
subsection (other than a Code of Practice
made under section 7) that regulates that
activity.".
5 34 Serious offences
(1) In section 12(1) of the Prevention of Cruelty to
Animals Act 1986--
(a) for "convicted" substitute "convicted, found
guilty or found not guilty because of mental
10 impairment";
(b) after "or offences" insert "committed, or that
would have been committed in the case of a
person found not guilty because of mental
impairment,".
15 (2) In section 12(1A) of the Prevention of Cruelty to
Animals Act 1986, for "convicted" substitute
"convicted, found guilty or found not guilty
because of mental impairment".
(3) In section 12(2)(a) of the Prevention of Cruelty
20 to Animals Act 1986, after "committed" (where
first occurring) insert ", or would have been
committed in the case of a person found not guilty
because of mental impairment,".
(4) In section 12(2)(a)(ii) of the Prevention of
25 Cruelty to Animals Act 1986--
(a) after "committed" (where first occurring)
insert ", or would have been committed,";
(b) after "offence" (where secondly occurring)
insert ", or would have committed the
30 offence,".
(5) In section 12(2)(b) of the Prevention of Cruelty
to Animals Act 1986, after "offence" (where first
occurring) insert "committed or that would have
been committed".
571209B.I-14/8/2012 19 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 35
35 General inspectors
(1) For section 18(1)(b)(i) of the Prevention of
Cruelty to Animals Act 1986 substitute--
"(i) employed under Part 3 of the Public
5 Administration Act 2004; or".
(2) In section 18(1)(c) of the Prevention of Cruelty
to Animals Act 1986--
(a) for "Any person" substitute "any person";
(b) for "authorised officer." substitute
10 "authorised officer; and".
(3) After section 18(1)(c) of the Prevention of
Cruelty to Animals Act 1986 insert--
"(d) any person appointed as a general inspector
under a declaration made under
15 section 20A.".
36 Specialist inspectors
In section 18A(1) of the Prevention of Cruelty to
Animals Act 1986, for "this Part" substitute
"this Act".
20 37 New section 20A inserted
After section 20 of the Prevention of Cruelty to
Animals Act 1986 insert--
"20A Department Head may declare animals at
risk due to an emergency
25 (1) The Department Head may, by notice
published in the Government Gazette,
declare that the welfare of any class or
classes of animal is at risk due to an existing
emergency.
30 (2) The declaration must state when it ceases to
have effect and the nature of the emergency.
571209B.I-14/8/2012 20 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 37
(3) The Department Head must revoke the
declaration by a notice published in the
Government Gazette as soon as possible
after being satisfied that the emergency no
5 longer exists.
(4) The declaration ceases to have effect 30 days
after the notice is published under subsection
(1), unless earlier revoked under
subsection (3).
10 (5) If a declaration is made under this section,
the Department Head may, by instrument in
writing, appoint any person whom the
Department Head considers to have the
appropriate qualifications to be a general
15 inspector for the purposes of any provision
or provisions of this Act.
(6) The Department Head may appoint a general
inspector for the period specified in the
instrument, which must not exceed the
20 duration of the declaration.
(7) The appointment of a general inspector
remains in force until the earlier of the
following--
(a) the declaration ceases to have effect or
25 is revoked under subsection (3);
(b) the appointment is revoked by the
Department Head.
(8) In this section emergency has the same
meaning as in section 4(1) of the Emergency
30 Management Act 1986.".
571209B.I-14/8/2012 21 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 38
38 New section 24KA inserted
After section 24K of the Prevention of Cruelty
to Animals Act 1986 insert--
"24KA Search warrant for premises if non-
5 compliance with section 24ZTA
(1) A POCTA inspector, with the written
approval of the Department Head, may apply
to a magistrate for the issue of a search
warrant in relation to premises (including
10 residential premises), if--
(a) a person at the premises has not
complied with a notice under
section 24ZTA to produce or make a
document available within the time
15 specified in the notice; and
(b) the inspector believes on reasonable
grounds that the document is in or on
the premises and that it is relevant to
determining whether another person has
20 committed an offence against the Act or
the regulations.
(2) If a magistrate is satisfied, by the evidence,
on oath or by affidavit, of the inspector that
there are reasonable grounds to believe that
25 there is a document in or on the premises that
is relevant to determining whether a person
has committed an offence against the Act or
the regulations, the magistrate may issue a
search warrant, in accordance with the
30 Magistrates' Court Act 1989, authorising a
POCTA inspector named in the warrant,
together with any other person or persons
named or otherwise identified in the warrant
and with any necessary equipment--
35 (a) to enter the premises specified in the
warrant; and
571209B.I-14/8/2012 22 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 39
(b) to do all or any of the following--
(i) search for;
(ii) secure against interference;
(iii) examine, inspect and take a copy
5 or make an extract of--
the document named or described in the
warrant and which the inspector
believes, on reasonable grounds, to be
relevant to determining whether a
10 person has committed an offence
against the Act or the regulations.".
39 Seizure of things not mentioned in the warrant and
taking of samples
In section 24Q(1) of the Prevention of Cruelty to
15 Animals Act 1986, after "this Part" (where first
occurring) insert "other than under
section 24KA".
40 Court orders as to costs and disposal of animals
In section 24X(1)(c) of the Prevention of Cruelty
20 to Animals Act 1986, for "the animal" (where
secondly occurring) substitute "any animal".
41 New section 24ZTA inserted
After section 24ZT of the Prevention of Cruelty
to Animals Act 1986 insert--
25 "24ZTA Requirement to make documents
available for inspection
(1) A POCTA inspector, with the written
approval of the Department Head, may serve
a notice on a person requiring the person to
30 produce or make available for inspection a
document in the custody or possession of the
person which the inspector believes on
reasonable grounds to be relevant to
determining whether another person has
571209B.I-14/8/2012 23 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 42
committed an offence against this Act or the
regulations.
(2) A notice under subsection (1) must--
(a) specify a time within which the person
5 must produce or make the document
available for inspection that is not less
than 14 days after service of the notice;
and
(b) inform the person that it is an offence to
10 fail to comply with the notice unless
subsection (4) applies; and
(c) must be served on a person either
personally or by registered post at the
last known address of that person.
15 (3) The inspector may inspect, take a copy of, or
make an extract of, any document produced
or made available under subsection (1).
(4) A person served with a notice under
subsection (1) must comply with the notice
20 within the time for compliance specified in
the notice unless, in the case of a natural
person, compliance with the notice would
tend to incriminate the person.
Penalty: 20 penalty units.
25 (5) Section 24ZV(2) does not apply to the
requirement to comply with a notice under
subsection (1).".
42 New sections 24ZX and 24ZY inserted
After section 24ZW of the Prevention of Cruelty
30 to Animals Act 1986 insert--
"24ZX Conduct of proceedings
If a charge-sheet charging an offence is filed
by a person authorised to do so under section
24ZW(1)(b), the proceedings for the offence
571209B.I-14/8/2012 24 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 43
may be conducted before a court by any
other person authorised under that section to
file a charge-sheet for such an offence.
24ZY Court to take judicial notice
5 All courts must take judicial notice of the
fact that a person has valid authority to file a
charge-sheet charging an offence under
section 24ZW(1) or to conduct proceedings
for an offence under section 24ZX.".
10 43 Offences relating to scientific procedures carried out
at scientific premises
(1) In section 26(2) of the Prevention of Cruelty to
Animals Act 1986, for "nominate a person"
substitute "nominate a natural person".
15 (2) For the penalty at the foot of section 26(3) of the
Prevention of Cruelty to Animals Act 1986
substitute--
"Penalty: 120 penalty units or imprisonment for
12 months.".
20 44 New section 35A inserted
After section 35 of the Prevention of Cruelty to
Animals Act 1986 insert--
"35A Offences as to authorized officers
(1) A person must not, without reasonable
25 excuse, obstruct or hinder or attempt to
obstruct or hinder an authorized officer in the
discharge of his or her powers, duties or
functions under this Part.
Penalty: 60 penalty units.
30 (2) For the purposes of subsection (1), a
reasonable excuse includes the failure of the
authorized officer to inform the person of the
existence of the offence before the
authorized officer attempted to exercise the
571209B.I-14/8/2012 25 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 45
power or carry out the duty or function under
this Part.
(3) A person must not, without reasonable
excuse, refuse admission to an authorized
5 officer exercising a power of entry or a
person assisting an authorized officer in
exercising a power of entry under this Part.
Penalty: 60 penalty units.
(4) A person must not, without reasonable
10 excuse, contravene or fail to comply with
any direction or requirement of an authorized
officer who is acting in the discharge of his
or her powers under this Part.
Penalty: 60 penalty units.".
15 45 Offences
In section 36(1) of the Prevention of Cruelty to
Animals Act 1986--
(a) omit "knowingly or negligently";
(b) for "unnecessary, unreasonable or
20 unjustifiable" substitute "unreasonable".
46 New section 44 inserted
After section 43 of the Prevention of Cruelty to
Animals Act 1986 insert--
"44 Primary Industries and Food Legislation
25 Amendment Act 2012
Section 12 as amended by section 34 of the
Primary Industries and Food Legislation
Amendment Act 2012 applies to a person in
respect of an offence under this Act
30 committed by the person or, in the case of a
person found not guilty because of mental
impairment, that would have been committed
by the person, before, on or after the
commencement of section 34 of the Primary
571209B.I-14/8/2012 26 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 46
Industries and Food Legislation
Amendment Act 2012.".
__________________
571209B.I-14/8/2012 27 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 47
PART 5--AMENDMENTS TO THE FOOD ACT 1984
47 Definitions
See: (1) In section 4(1) of the Food Act 1984, in the
Act No.
10082. definition of article, after paragraph (a) insert--
Reprint No. 9
5 as at "(ab) any plant, plant product, animal, livestock
1 July 2011
and
product, chemical, fertiliser, stock food, soil,
amending surface or other thing used in, or in
Act Nos
58/2011 and
connection with, the handling of food; or".
43/2012.
LawToday: (2) In section 4(1) of the Food Act 1984, in
10 www. paragraph (c) of the definition of authorized
legislation.
vic.gov.au officer omit "for the purposes of enforcing the
provisions of this Act in relation to any dairy
premises, milk or dairy food within the meaning
of the Dairy Act 2000,".
15 (3) In section 4(1) of the Food Act 1984, at the foot
of the definition of handling insert--
"Note
Section 4C(3) clarifies that handling of food includes
primary food production.".
20 (4) In section 4(1) of the Food Act 1984, for the
definition of Secretary substitute--
"Secretary--
(a) in paragraph (a) of the definition of
authorized officer in section 4(1) of
25 Part 1 and in Part II, Part III, Part IIIA
(except section 19BB(5), (6) and (7)),
Part IV (except section 20(5)), Part VIII
and Part IX (except sections 56(1)
and 59C(3)) means the Secretary DH or
30 the Secretary DPI; and
(b) in any other provision in this Act means
the Secretary DH;".
571209B.I-14/8/2012 28 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 48
(5) In section 4(1) of the Food Act 1984 insert the
following definitions--
"declared authority means a person or body
declared under section 4I(1);
5 DFSV means Dairy Food Safety Victoria
established under Part 2 of the Dairy Act
2000;
livestock product has the same meaning as in
section 3(1) of the Livestock Disease
10 Control Act 1994;
plant product has the same meaning as in the
Plant Biosecurity Act 2010;
primary production and processing standard
means a standard contained in Chapter 4 of
15 the Food Standards Code;
PrimeSafe means the Authority established under
Part 6 of the Meat Industry Act 1993;
Secretary DH means the Department Head
(within the meaning of the Public
20 Administration Act 2004) of the
Department;
Secretary DPI means the Department Head
(within the meaning of the Public
Administration Act 2004) of the
25 Department of Primary Industries;".
48 Meaning of primary food production
After section 4C(2) of the Food Act 1984
insert--
"(3) To avoid doubt, references in this Act to the
30 handling of food includes primary food
production.".
571209B.I-14/8/2012 29 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 49
49 New section 4I inserted
After section 4H of the Food Act 1984 insert--
'4I Declared authority for the purposes of
references in Chapter 4 of the Food
5 Standards Code
(1) The Minister, by order published in the
Government Gazette, may declare a person
or body or a person or body belonging to a
specified class of person or body to be a
10 declared authority for the purposes of
carrying out any function or duty or
exercising any power of an Authority,
authority or relevant authority referred to in a
specified primary production and processing
15 standard or any specified provision of that
standard.
(2) An order made under subsection (1) may be
made so as to be limited in respect of time or
circumstances including in respect of--
20 (a) a person or a person belonging to a
specified class of person; or
(b) a premises or a premises belonging to a
specified class of premises.
(3) An order under this section takes effect on
25 the date that the order is published in the
Government Gazette or on any later date
specified in the order.
(4) For the purposes of any provision of this Act
that applies the Food Standards Code, a
30 reference in a primary production and
processing standard or any provision of that
standard to an "Authority", "authority" or
"relevant authority" is taken to be a reference
to a "declared authority" declared in an order
35 under subsection (1) for the purposes of that
primary production and processing standard
571209B.I-14/8/2012 30 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 50
or that provision of that standard (as the case
requires).'.
50 Orders
After section 5(4) of the Food Act 1984 insert--
5 "(5) The Secretary DH or the Secretary DPI, by
order published in the Government Gazette,
may exempt a person or a person belonging
to a specified class of person from
complying with a specified requirement of
10 the Food Standards Code.
(6) An order under subsection (5) may be made
by the Secretary DPI only in respect of a
requirement in a primary production and
processing standard.
15 (7) An order under subsection (5)--
(a) may be made so as to be limited in
respect of time or circumstances; and
(b) may be unconditional or subject to any
condition specified in the order; and
20 (c) takes effect on the date that the order is
published in the Government Gazette or
on any later date specified in the order;
and
(d) may by like order be amended, varied
25 or revoked.".
51 Application of Act to primary food production
(1) In section 6A(1) of the Food Act 1984, for
"Parts IV and VI do" substitute "Part VI does".
(2) Section 6A(2) of the Food Act 1984 is repealed.
571209B.I-14/8/2012 31 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 52
52 New section 7BA inserted
After section 7B of the Food Act 1984 insert--
"7BA Role of Department of Primary Industries
The role of the Department of Primary
5 Industries under this Act is to--
(a) facilitate the exercise of the powers and
functions of the Secretary DPI in
relation to primary food production and
related activities that, under
10 arrangements with the Secretary DH,
are to be carried out or exercised by the
Secretary DPI;
(b) promote the objects of this Act in
relation to primary food production and
15 related activities.".
53 Compliance with Food Standards Code
After section 16(4) of the Food Act 1984 insert--
"(5) A person does not contravene any provision
of this section by reason only of failing to
20 comply with an applicable requirement of
the Food Standards Code if the person is
exempted from compliance with that
requirement by an order made under
section 5(5).".
25 54 Orders relating to food premises
(1) In section 19(4)(b) of the Food Act 1984, for
"a council or a chief executive officer" substitute
"anyone other than the Secretary".
(2) After section 19(9)(c) of the Food Act 1984
30 insert--
"(ca) DFSV in relation to any food premises in
respect of which it has issued a dairy
industry licence under Part 3 of the Dairy
Act 2000;
571209B.I-14/8/2012 32 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 55
(cb) PrimeSafe in relation to any food premises in
respect of which it has issued a licence under
Part 4 of the Meat Industry Act 1993 or a
seafood safety licence under Part 3 of the
5 Seafood Safety Act 2003;".
55 New section 19AA inserted
After section 19 of the Food Act 1984 insert--
"19AA Orders relating to premises on which
primary food production and related
10 activities are carried out
(1) This section applies if the relevant authority
is satisfied from the report of an authorized
officer that--
(a) food being prepared, sold or otherwise
15 handled at any premises is unsafe or
unsuitable; or
(b) food is being prepared, sold or
otherwise handled at any premises in a
manner that makes it likely that the
20 food is unsafe or unsuitable; or
(c) any premises, or any vehicle, plant,
machinery or equipment used on the
premises, or any activity conducted on
the premises, in connection with any
25 food prepared, sold or otherwise
handled at the premises, or any such
food, does not comply with an
applicable requirement of a primary
production and processing standard.
30 (2) Subject to subsection (3), the relevant
authority, by written order, may direct that,
within a specified time, the relevant person
in respect of a premises referred to in
subsection (1) must do any one or more of
35 the following--
571209B.I-14/8/2012 33 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 55
(a) take specified steps to ensure that food
prepared, sold or otherwise handled at
the premises is safe and suitable;
(b) take specified steps to ensure that the
5 premises, or any vehicle, plant,
machinery or equipment used on the
premises in connection with any food
prepared, sold or otherwise handled at
the premises is cleaned and disinfected
10 or put into an altered condition to the
satisfaction of the authorized officer;
(c) ensure that any requirement of an
applicable primary production and
processing standard referred to in
15 subsection (1)(c) is complied with.
(3) An order may not be made under subsection
(2)(c) in relation to a requirement of an
applicable primary production and
processing standard, if the relevant person is
20 a person who is exempted from compliance
with that requirement by an order made
under section 5(5).
Note
If a person exempted under section 5(5) from
25 complying with an applicable requirement of a
primary production and processing standard does not
comply or is not complying with any condition of the
exemption, the exemption will no longer be in force
and the person will not be exempt from that
30 requirement. The person may then be subject to a
direction under this section if there has been non-
compliance with that requirement.
(4) The relevant authority, in an order under
subsection (2) or a subsequent written order,
35 may direct that, until the directions in
subsection (2) are complied with, the
relevant person in respect of the premises
571209B.I-14/8/2012 34 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 55
referred to in subsection (2) must ensure
that--
(a) the premises or a specified area of the
premises is not used for the preparation,
5 sale or other handling of food or an
activity connected with food specified
in the order; or
(b) any vehicle, plant, machinery or
equipment on the premises is not used
10 in connection with the preparation, sale
or other handling of food or an activity
connected with food specified in the
order; or
(c) any food or class of food specified in
15 the order is not removed from the
premises, for any purpose (including
any purpose specified in the order) or in
any circumstances specified in the
order, for the period of time that is
20 specified in the order.
(5) An order under this section--
(a) must be served on the relevant person
in respect of the premises to which the
order applies; or
25 (b) if the name and address of the relevant
person is unknown, must be affixed to a
conspicuous part of the premises to
which the order applies.
(6) An order under this section takes effect when
30 it is served or affixed (as the case may be) in
accordance with subsection (5).
(7) If satisfied that an order made under this
section has been complied with, the relevant
authority must--
35 (a) revoke the order; and
571209B.I-14/8/2012 35 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 55
(b) give written notice of the revocation of
the order in the same manner in which
the order was served.
(8) A person must not contravene an order made
5 under this section.
Penalty: 120 penalty units.
(9) A person (other than the relevant person to
whom the order applies) must not remove an
order affixed to a premises under subsection
10 (5)(b) while that order remains in force.
Penalty: 60 penalty units.
(10) In this section--
premises means any premises on which an
activity, to which a primary production
15 and processing standard applies, is
conducted;
relevant authority means any one of the
following--
(a) in the case of a premises used
20 solely for the purposes of a
primary food production
business--
(i) the Secretary DPI;
(ii) a declared authority;
25 (b) in the case of a food premises--
(i) the Secretary DPI;
(ii) the Secretary DH;
(iii) a declared authority;
(iv) the council that is the
30 registration authority for the
premises;
571209B.I-14/8/2012 36 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 56
(v) the chief executive officer of
a council referred to in
subparagraph (iv);
relevant person means the person who, on a
5 premises, is conducting an activity to
which a primary production and
processing standard applies.".
56 Secretary may accept undertaking
In section 19BB(2)(a) of the Food Act 1984, for
10 "food premises" substitute "premises".
57 Powers of authorized officers
In section 21(3) of the Food Act 1984, after "sale
of food" insert "or primary food production".
58 Remedy in respect of articles seized
15 For section 26(4) of the Food Act 1984
substitute--
"(4) Subsection (5) applies if--
(a) an application is made under subsection
(1) and the application is refused; or
20 (b) an application is not made under
subsection (1) and the period of 7 days
after the seizure has expired.
(5) After the application is refused or the period
of 7 days after the seizure has expired (as the
25 case may be) the article seized becomes the
property of the--
(a) Secretary DH, if the authorized officer
who seized the article is authorised by
the Secretary DH under section 20(1);
30 or
571209B.I-14/8/2012 37 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 59
(b) Secretary DPI, if the authorized officer
who seized the article is authorised by
the Secretary DPI under section 20(1);
or
5 (c) a council, if the authorized officer who
seized the article is an environmental
health officer of that council or
appointed by the council under
section 20(1B); or
10 (d) DFSV, if the authorized officer who
seized the article is an authorized
officer within the meaning of
paragraph (c) of the definition of
authorized officer; or
15 (e) PrimeSafe, if the authorized officer
who seized the article is an authorized
officer within the meaning of
paragraph (d) of the definition of
authorized officer--
20 and the article must be destroyed or
otherwise disposed of as the Secretary DH,
the Secretary DPI, the council, DFSV or
PrimeSafe (as the case requires) directs.".
59 Analysts
25 (1) In section 30(3) and (7) of the Food Act 1984,
before "the manufacture" insert "primary food
production or".
(2) In section 30(4) of the Food Act 1984--
(a) after "who" insert "is or";
30 (b) before "the manufacture" insert "primary
food production or".
571209B.I-14/8/2012 38 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 60
(3) After section 30(8) of the Food Act 1984 insert--
"(8A) The following persons are taken to be
authorised under this section to carry out an
analysis of any article for the purposes of
5 this Act subject to any conditions of that
approval--
(a) a person or a person who is of a class of
person approved under section 16A(1)
of the Livestock Disease Control Act
10 1994;
(b) a person who is appointed as an
approved analyst under section 69G of
the Agricultural and Veterinary
Chemicals (Administration) Act 1992
15 of the Commonwealth for the purposes
of the Agvet Codes within the meaning
of that Act.".
(4) In section 30(9) of the Food Act 1984, for
"subsection (8)" substitute "subsection (8)
20 or (8A)".
60 Power of court to order forfeiture
For section 48(4) of the Food Act 1984
substitute--
"(4) Every article forfeited to her Majesty under
25 this section must be destroyed or otherwise
disposed of in accordance with--
(a) a direction of the Secretary DPI, if the
prosecutor of the offence referred to in
subsection (1) is the Secretary DPI or
30 an authorized officer authorised by the
Secretary DPI under section 20(1); or
(b) a direction of DFSV, if the prosecutor
of the offence referred to in subsection
(1) is an authorized officer within the
571209B.I-14/8/2012 39 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 61
meaning of paragraph (c) of the
definition of authorized officer; or
(c) a direction of PrimeSafe, if the
prosecutor of the offence referred to in
5 subsection (1) is an authorized officer
within the meaning of paragraph (d) of
the definition of authorized officer; or
(d) a direction of the Secretary DH in any
other case.".
10 61 Evidentiary provisions
In section 50(1) of the Food Act 1984--
(a) in paragraph (a), after "intended for sale"
insert "or produced by way of primary food
production";
15 (b) in paragraph (c)--
(i) after "sale of food" (where first
occurring) insert "or for primary food
production";
(ii) after "sale of food" (where secondly
20 occurring) insert "or in primary food
production".
62 Evidentiary certificate signed by the Secretary
(1) In the heading to section 50AA of the Food Act
1984, after "Secretary" insert "DH".
25 (2) In section 50AA of the Food Act 1984, after
"Secretary" insert "DH".
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Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 63
63 New section 50AAB inserted
After section 50AA of the Food Act 1984
insert--
"50AAB Evidentiary certificate signed by the
5 Secretary DPI or the chief executive
officer of DFSV or PrimeSafe
In any proceeding for an offence against this
Act, a certificate signed by the Secretary
DPI, the chief executive officer of DFSV or
10 the chief executive officer of PrimeSafe
stating any of the following matters is
evidence of the matter--
(a) a stated document is one of the
following things made, given or issued
15 under this Act--
(i) an appointment, authorisation,
exemption, declaration or other
decision;
(ii) an order or a notice, direction or
20 requirement;
(iii) a record or an extract from a
record;
(b) a stated document is a copy of a thing
referred to in paragraph (a);
25 (c) on a stated day, or during a stated
period, an authorisation as an
authorized officer was, or was not, in
force for a stated person;
(d) on a stated day, a stated person was
30 given a stated order, notice or direction
under this Act;
(e) a stated amount is payable under this
Act by a stated person and has not been
paid.".
571209B.I-14/8/2012 41 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 64
64 Section 50AC substituted
For section 50AC of the Food Act 1984
substitute--
"50AC Evidence of signatures
5 A signature purporting to be the signature of
the Minister, the Secretary DH, the Secretary
DPI, the chief executive officer of a council,
the chief executive officer of DFSV, the
chief executive officer of PrimeSafe, the
10 chief executive officer of a declared
authority, an authorized officer or an analyst
is evidence of the signature it purports to
be.".
65 Secrecy
15 In section 54(1)(ba)(ii) of the Food Act 1984
omit "food" (where twice occurring).
66 Protection against liability
For section 56(3) of the Food Act 1984
substitute--
20 "(3) Any liability resulting from an act or
omission that would but for subsection (2)
attach to a person to whom this section
applies attaches instead--
(a) in the case of an authorized officer who
25 is authorised by the Secretary DH under
section 20(1), to the Secretary DH;
(b) in the case of an authorized officer who
is authorised by the Secretary DPI
under section 20(1), to the Secretary
30 DPI;
(c) in the case of an authorized officer
within the meaning of paragraph (c) of
the definition of authorized officer, to
DFSV;
571209B.I-14/8/2012 42 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 67
(d) in the case of an authorized officer
within the meaning of paragraph (d) of
the definition of authorized officer, to
PrimeSafe;
5 (e) in the case of an authorized officer who
is an environmental health officer of a
council or appointed by a council under
section 20(1B) or an employee of a
council, to that council.".
10 67 Delegation by council
In section 58A(1) of the Food Act 1984, after
"19(3)" insert ", 19AA(4)(a) or 19AA(4)(b)".
68 New section 58AB inserted
After section 58A of the Food Act 1984 insert--
15 "58AB Delegations by Secretary DPI, the DFSV
or PrimeSafe
(1) The Secretary DPI by instrument may
delegate any power, duty or function of the
Secretary DPI under this Act (other than this
20 power of delegation) to any employee or
class of employees employed under Part 3 of
the Public Administration Act 2004.
(2) DFSV by instrument may delegate any
power, duty or function of DFSV under this
25 Act (other than this power of delegation) to
any officer or employee of DFSV.
(3) Primesafe by instrument may delegate any
power, duty or function of PrimeSafe under
this Act (other than this power of delegation)
30 to any officer or employee of PrimeSafe.".
571209B.I-14/8/2012 43 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 69
69 Regulations
(1) In section 63(1)(z)(ii) of the Food Act 1984, after
"this Act" insert "or the Food Standards Code".
(2) After section 63(1) of the Food Act 1984 insert--
5 "(1A) In the case of fees and charges, the
regulations may provide for any or all of the
following--
(a) specific fees or charges;
(b) maximum fees or charges;
10 (c) differential fees or charges;
(d) fees or charges to be fixed and
collected by the Secretary DPI,
including acting in his or her capacity
as a declared authority, for services
15 provided for or in connection with the
administration of, or for carrying out
his or her functions under, this Act, the
regulations or the Food Standards
Code.
20 (1B) The Secretary DPI, including acting in his or
her capacity as a declared authority, must
cause details of fees or charges fixed under
subsection (1A)(d) to be published in the
Government Gazette.".
571209B.I-14/8/2012 44 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 5--Amendments to the Food Act 1984
s. 70
70 New Part XV inserted
After the first rule following Part XIV of the Food
Act 1984 insert--
"PART XV--TRANSITIONAL AND SAVINGS
5 PROVISIONS
80 Transitional provision--Primary
Industries and Food Legislation
Amendment Act 2012
Section 56, as amended by section 66 of the
10 Primary Industries and Food Legislation
Amendment Act 2012, applies only to acts
or omissions of persons to whom section 56
applies that are the subject of proceedings
commenced on or after the commencement
15 of section 66.".
__________________
571209B.I-14/8/2012 45 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 6--Other Amendments
s. 71
PART 6--OTHER AMENDMENTS
71 New section 237A inserted into Local Government
Act 1989
See: After section 237 of the Local Government Act
Act No.
5 11/1989. 1989 insert--
Reprint No. 11
as at "237A Council to provide information relating to
1 January
2012
land to inspectors of livestock
and
amending A Council must make available to the
Act No. Secretary to the Department of Primary
20/2012.
10 LawToday: Industries any information relating to land in
www. the municipal district of that Council that has
legislation.
vic.gov.au been requested in writing by the Secretary in
accordance with section 121A of the
Livestock Disease Control Act 1994.".
15 72 Statute law revision amendments
(1) In section 5A(2) of the Impounding of Livestock
Act 1994, for "enters a land or building"
substitute "enters land or a building".
(2) In section 75(e) of the Livestock Disease Control
20 Act 1994--
(a) for "(a)" substitute "(i)";
(b) for "(b)" substitute "(ii)".
(3) In section 19K(2) of the Food Act 1984, for
"subsection (2)" substitute "subsection (1)".
25 (4) In section 32(7) of the Food Act 1984, for
"Part VIII" substitute "Part VII".
(5) In the heading to section 50AB of the Food Act
1984, for "Chief Executive Officer" substitute
"chief executive officer".
30 (6) In section 50AB of the Food Act 1984, for "Chief
Executive Officer" substitute "chief executive
officer".
571209B.I-14/8/2012 46 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 6--Other Amendments
s. 72
(7) In section 25 of the Prevention of Cruelty to
Animals Act 1986, for the definition of
authorised officer substitute--
"authorized officer means a person appointed to
5 be an authorized officer under section 35;".
(8) In section 37A(2)(a) of the Prevention of Cruelty
to Animals Act 1986, for "authorised officer"
substitute "authorized officer".
_________________
571209B.I-14/8/2012 47 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Part 7--Repeal of Amending Act
s. 73
PART 7--REPEAL OF AMENDING ACT
73 Repeal of amending Act
This Act is repealed on 1 July 2014.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571209B.I-14/8/2012 48 BILL LA INTRODUCTION 14/8/2012
Primary Industries and Food Legislation Amendment Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571209B.I-14/8/2012 49 BILL LA INTRODUCTION 14/8/2012
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