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This is a Bill, not an Act. For current law, see the Acts databases.


PRIMARY INDUSTRIES LEGISLATION AMENDMENT BILL 2014

  Primary Industries Legislation Amendment Act
                      2014
                             No.           of 2014


                      TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY                                                         1
 1       Purpose                                                            1
 2       Commencement                                                       2

PART 2--AMENDMENTS TO THE PREVENTION OF CRUELTY
TO ANIMALS ACT 1986                                                         3
 3       Definitions                                                        3
 4       Baiting and luring                                                 3
 5       Definitions                                                        3
 6       Authorized officers                                                3
 7       Offences as to authorized officers                                 4
 8       Power to serve a notice                                            4
 9       Evidence                                                           4
 10      Neglect to prosecute                                               5
 11      Regulations                                                        5

PART 3--AMENDMENTS TO THE DOMESTIC ANIMALS
ACT 1994                                                                    6
 12      Definitions                                                        6
 13      Registration numbers, certificates and identification markers      6
 14      Powers of Council                                                  7
 15      New Division 5 of Part 4 inserted                                  8
         Division 5--Offences                                               8
         63AB Record keeping offences for pet shop proprietors              8
 16      Seizure of dog or cat from unregistered breeding domestic animal
         business                                                           9

PART 4--AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994                                                            10
 17      Definitions                                                        10
 18      Swill feeding of pigs                                              10
 19      Registration of beekeepers                                         10



                                       i

 


 

Clause Page 20 Annual fees 10 21 Apicultural Industry Advisory Committee 11 22 Inspector may order hives to be cleaned 11 23 New section 149 inserted 11 149 Transitional provision--Primary Industries Legislation Amendment Act 2014 11 PART 5--AMENDMENTS TO THE VETERINARY PRACTICE ACT 1997 13 24 Definitions 13 25 Application for registration 13 26 Endorsement of registration as a specialist practitioner 14 27 Duration and renewal of registration 14 28 Application for renewal of and refusal to renew registration 14 29 Requirement to notify the Board of change of address 14 30 Notice of an informal hearing 15 31 Notice of a formal hearing 15 32 Requirements as to attendance at preliminary conference 15 33 Conduct of a formal hearing 15 34 Procedure at formal and informal hearings 15 35 Advertising 15 36 Powers of board in relation to fees 15 37 New Part 11 inserted 16 PART 11--SAVINGS AND TRANSITIONAL PROVISIONS ARISING FROM AMENDING ACTS 16 96 Transitional provision--Primary Industries Legislation Amendment Act 2014 16 38 Amendment consequential upon the Legal Profession Uniform Law Application Act 2014 16 PART 6--AMENDMENTS TO THE PLANT BIOSECURITY ACT 2010 17 39 Importation of prescribed material 17 40 Possession of prescribed material 18 41 Assurance certificates 19 42 Plant health certificates 19 43 Plant health declarations 19 44 Notification of plant pests or diseases 19 45 Return, treatment or disposal of plants etc. at direction of inspector 19 46 Contravention of importation order 20 47 Extension of time 20 ii

 


 

Clause Page PART 7--REPEAL OF AMENDING ACT 21 48 Repeal of amending Act 21 ENDNOTES 22 iii

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 [Assented to ] The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The purpose of this Act is to amend-- (a) the Prevention of Cruelty to Animals Act 1986; and (b) the Domestic Animals Act 1994; and (c) the Livestock Disease Control Act 1994; and 1

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 1--Preliminary s. 2 (d) the Veterinary Practice Act 1997; and (e) the Plant Biosecurity Act 2010-- to further improve the operation of those Acts. 2 Commencement (1) Subject to subsection (2), this Act, other than section 38, comes into operation on a day or days to be proclaimed. (2) Section 38 comes into operation on the later of-- (a) the day on which section 3 comes into operation; and (b) the day on which section 158 of the Legal Profession Uniform Law Application Act 2014 comes into operation. (3) If a provision of this Act, other than section 38, does not come into operation before 1 July 2015, it comes into operation on that day. __________________ 2

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 2--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 3 PART 2--AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986 3 Definitions In section 3(1) of the Prevention of Cruelty to See: Act No. Animals Act 1986-- 46/1986. Reprint No. 8 (a) in the definition of farm animal, for as at 27 May 2010 "connexion" (where twice occurring) and substitute "connection"; amending Act Nos (b) in paragraph (e) of the definition of scientific 75/2011, 60/2012, procedure, for "connexion" substitute 70/2013 and "connection". 37/2014. LawToday: www. legislation. vic.gov.au 4 Baiting and luring In section 13(1)(d) and (e) of the Prevention of Cruelty to Animals Act 1986, for "connexion" substitute "connection". 5 Definitions In section 25 of the Prevention of Cruelty to Animals Act 1986, for the definition of authorized officer substitute-- "authorised officer means a person appointed to be an authorised officer under section 35;". 6 Authorized officers (1) Insert the following heading to section 35 of the Prevention of Cruelty to Animals Act 1986-- "Authorised officers". (2) In section 35(1), (2), (3), (4) and (5) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised". 3

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 2--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 7 (3) In section 35(6) of the Prevention of Cruelty to Animals Act 1986, for "authorized" (where twice occurring) substitute "authorised". (4) In section 35(7) and (8) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised". 7 Offences as to authorized officers (1) In the heading to section 35A of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised". (2) In section 35A(1) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised". (3) In section 35A(2) and (3) of the Prevention of Cruelty to Animals Act 1986, for "authorized" (where twice occurring) substitute "authorised". (4) In section 35A(4) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised". 8 Power to serve a notice (1) In section 37A(2)(a) of the Prevention of Cruelty to Animals Act 1986, for "authorized" substitute "authorised". (2) For section 37A(2)(b) of the Prevention of Cruelty to Animals Act 1986 substitute-- "(b) in any other case, a POCTA inspector.". 9 Evidence In section 39(b) of the Prevention of Cruelty to Animals Act 1986-- (a) for subparagraph (i) substitute-- "(i) the approval of a person as a POCTA inspector; or"; 4

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 2--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 10 (b) in subparagraph (iii), for "authorized" substitute "authorised"; (c) in subparagraph (iv), for "authorized under section 24" substitute "authorised under section 24ZW". 10 Neglect to prosecute In section 40 of the Prevention of Cruelty to Animals Act 1986, for "authorize" substitute "authorise". 11 Regulations (1) In section 42(1)(a) of the Prevention of Cruelty to Animals Act 1986, for "authorized" (where twice occurring) substitute "authorised". (2) In section 42(2)(f) of the Prevention of Cruelty to Animals Act 1986, for "connexion" substitute "connection". __________________ 5

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 3--Amendments to the Domestic Animals Act 1994 s. 12 PART 3--AMENDMENTS TO THE DOMESTIC ANIMALS ACT 1994 12 Definitions See: In section 3(1) of the Domestic Animals Act Act No. 81/1994. 1994-- Reprint No. 6 as at (a) for paragraph (b)(i) of the definition of 10 July 2013 and domestic animal business substitute-- amending Act Nos "(i) in the case of an enterprise whose 70/2013, proprietor is a member of an applicable 8/2014 and 37/2014. organisation-- LawToday: www. (A) the enterprise has 10 or more legislation. fertile female dogs or 10 or more vic.gov.au fertile female cats; or (B) the enterprise has between 3 and 9 fertile female dogs or between 3 and 9 fertile female cats in circumstances where no more than 2 of the fertile female dogs or fertile female cats (as the case may be) are not registered with the applicable organisation; or"; (b) in paragraph (b) of the definition of restricted breed dog, for "Brasiliero" substitute "Brasileiro". 13 Registration numbers, certificates and identification markers In section 19(1)(c) of the Domestic Animals Act 1994-- (a) for "Council, the" substitute "Council and the"; (b) omit "and the year of registration". 6

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 3--Amendments to the Domestic Animals Act 1994 s. 14 14 Powers of Council (1) In section 54(2) of the Domestic Animals Act 1994, for "A" substitute "Subject to subsection (3), a". (2) After section 54(2) of the Domestic Animals Act 1994 insert-- "(3) A Council must refuse to register or renew the registration of a premises in relation to a breeding domestic animal business if the Council is satisfied that a relevant person has, at any time within 10 years preceding the date of the application for registration-- (a) been found guilty of a specified offence; or (b) been the subject of an order made under section 12(1) of the Prevention of Cruelty to Animals Act 1986; or (c) been the subject of an order registered under section 12A(2) of the Prevention of Cruelty to Animals Act 1986. (4) For the purposes of this section-- relevant person, in relation to an application to register or renew the registration of a premises in relation to a breeding domestic animal business, means any of the following-- (a) the proprietor of a breeding domestic animal business to which the premises relates; (b) the person who conducts a breeding domestic animal business to which the premises relates; 7

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 3--Amendments to the Domestic Animals Act 1994 s. 15 (c) the person applying for registration; specified offence means an offence against any of the following provisions of the Prevention of Cruelty to Animals 1986 Act-- (a) section 9(1); (b) section 10(1); (c) section 12(7); (d) section 12A(8); (e) section 15C(1); (f) section 15C(2).". 15 New Division 5 of Part 4 inserted After Division 4 of Part 4 of the Domestic Animals Act 1994 insert-- "Division 5--Offences 63AB Record keeping offences for pet shop proprietors (1) The proprietor of a pet shop must, in relation to each dog or cat that is offered for sale or sold at the pet shop-- (a) make and keep records-- (i) of the name and address of the person from whom the proprietor obtained the dog or cat; and (ii) of any other prescribed information; and (b) keep and maintain copies of all such records in the prescribed manner. Penalty: 120 penalty units. 8

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 3--Amendments to the Domestic Animals Act 1994 s. 16 (2) A person who is required to make and keep records under subsection (1) must not knowingly make or keep records that are incomplete, inaccurate or false. Penalty: 120 penalty units.". 16 Seizure of dog or cat from unregistered breeding domestic animal business (1) In section 82A(2)(b) of the Domestic Animals Act 1994, after "has been" insert "refused or". (2) After section 82A(2)(b) of the Domestic Animals Act 1994 insert-- "(ba) the renewal of registration of the premises was refused under section 54(3); or". __________________ 9

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 4--Amendments to the Livestock Disease Control Act 1994 s. 17 PART 4--AMENDMENTS TO THE LIVESTOCK DISEASE CONTROL ACT 1994 17 Definitions See: In section 3(1) of the Livestock Disease Control Act No. 115/1994. Act 1994, in the definition of cattle, after "calf" Reprint No. 7 insert ", bison". as at 25 September 2013 and amending Act Nos 7/2007, 70/2013, 73/2013 and 37/2014. LawToday: www. legislation. vic.gov.au 18 Swill feeding of pigs For the penalty at the foot of section 41(1) of the Livestock Disease Control Act 1994 substitute-- "Penalty: 120 penalty units, in the case of a natural person. 360 penalty units, in the case of a body corporate.". 19 Registration of beekeepers In section 48(4A) of the Livestock Disease Control Act 1994, for "one year" substitute "two years". 20 Annual fees (1) Insert the following heading to section 49 of the Livestock Disease Control Act 1994-- "Biennial fees". 10

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 4--Amendments to the Livestock Disease Control Act 1994 s. 21 (2) In section 49 of the Livestock Disease Control Act 1994-- (a) in paragraph (b), for "each" substitute "every second"; (b) for "annual" substitute "biennial". 21 Apicultural Industry Advisory Committee In section 70(3) of the Livestock Disease Control Act 1994-- (a) for "5 members" substitute "6 members"; (b) in paragraph (a), after "Inc." insert ", and at least one of the persons nominated is to have experience and knowledge of the delivery of honey bee crop pollination services"; (c) after paragraph (a) insert-- "(ab) one is to be a person with general knowledge of the beekeeping industry nominated by the Victorian Farmers Federation;". 22 Inspector may order hives to be cleaned In section 122(3) of the Livestock Disease Control Act 1994, for "$3000" substitute "$12 000". 23 New section 149 inserted After section 148 of the Livestock Disease Control Act 1994 insert-- "149 Transitional provision--Primary Industries Legislation Amendment Act 2014 The Apicultural Industry Advisory Committee is taken to be the same body despite the changes relating to its membership made by section 21 of the 11

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 4--Amendments to the Livestock Disease Control Act 1994 s. 23 Primary Industries Legislation Amendment Act 2014.". __________________ 12

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 5--Amendments to the Veterinary Practice Act 1997 s. 24 PART 5--AMENDMENTS TO THE VETERINARY PRACTICE ACT 1997 24 Definitions In section 3 of the Veterinary Practice Act 1997, See: Act No. insert the following definitions-- 58/1997. Reprint No. 3 "Australian legal practitioner has the same as at 7 November meaning as in the Legal Profession Act 2012 and 2004; amending Act Nos principal place of residence includes sole place of 70/2013 and 17/2014. residence;". LawToday: www. legislation. vic.gov.au 25 Application for registration For section 4(1) of the Veterinary Practice Act 1997 substitute-- "(1) Subject to subsection (1A), only the following persons may apply for registration as a veterinary practitioner under this Part-- (a) in the case of an application for general registration under section 6-- (i) a natural person whose principal place of residence is in Victoria; (ii) a natural person whose principal place of residence will be in Victoria while practising as a veterinary practitioner; (b) in the case of an application for specific registration under section 7 or non- practising registration under section 7A, a natural person.". 13

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 5--Amendments to the Veterinary Practice Act 1997 s. 26 26 Endorsement of registration as a specialist practitioner In section 8(6) of the Veterinary Practice Act 1997, for "the Government Gazette and in any" substitute "a". 27 Duration and renewal of registration (1) In section 11(1) of the Veterinary Practice Act 1997, for "31 December of the year" substitute "the end of the financial year". (2) At the foot of section 11(1) of the Veterinary Practice Act 1997 insert-- "Note A financial year is the period of twelve months ending at midnight on 30 June: see s. 44(6)(d) of the Interpretation of Legislation Act 1984.". 28 Application for renewal of and refusal to renew registration In section 12 of the Veterinary Practice Act 1997-- (a) in subsection (2), for "3 months" substitute "one month"; (b) in subsection (3), for "3 months" (where twice occurring) substitute "one month". 29 Requirement to notify the Board of change of address In section 19 of the Veterinary Practice Act 1997, for "the address" substitute "any address". 14

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 5--Amendments to the Veterinary Practice Act 1997 s. 30 30 Notice of an informal hearing In section 36(d) of the Veterinary Practice Act 1997-- (a) omit "there is no right to legal representation at the hearing, but that"; (b) after "another person," insert "but is not entitled to be represented,". 31 Notice of a formal hearing In section 43(c) of the Veterinary Practice Act 1997, after "represented" insert "by an Australian legal practitioner". 32 Requirements as to attendance at preliminary conference In section 43B of the Veterinary Practice Act 1997, after "representative" insert "who is an Australian legal practitioner". 33 Conduct of a formal hearing In section 44(b) of the Veterinary Practice Act 1997, after "represented" insert "by an Australian legal practitioner". 34 Procedure at formal and informal hearings In section 47(c) of the Veterinary Practice Act 1997, after "thinks fit" insert ", including by reference to any guidelines issued under section 62(1)(e) as to appropriate standards of veterinary practice and veterinary facilities". 35 Advertising Section 59(1)(c) of the Veterinary Practice Act 1997 is repealed. 36 Powers of board in relation to fees In section 86(1)(c) of the Veterinary Practice Act 1997 omit "and in the Government Gazette". 15

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 5--Amendments to the Veterinary Practice Act 1997 s. 37 37 New Part 11 inserted After Part 10 of the Veterinary Practice Act 1997 insert-- "PART 11--SAVINGS AND TRANSITIONAL PROVISIONS ARISING FROM AMENDING ACTS 96 Transitional provision--Primary Industries Legislation Amendment Act 2014 (1) Despite section 11(1), in the case of the registration of a veterinary practitioner which is not specific which, immediately before the commencement of section 27(1) of the Primary Industries Legislation Amendment Act 2014, was due to continue in force until 31 December 2015, the Board may renew the registration for a period of up to 18 months but ending no later than midnight on 30 June 2017. (2) Despite section 86(1)(a), in the case of a fee for renewal of registration for the period of 18 months ending at midnight on 30 June 2017, the Board may fix a fee for a period of greater than 12 months.". 38 Amendment consequential upon the Legal Profession Uniform Law Application Act 2014 In section 3 of the Veterinary Practice Act 1997, the definition of Australian legal practitioner is repealed. __________________ 16

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 6--Amendments to the Plant Biosecurity Act 2010 s. 39 PART 6--AMENDMENTS TO THE PLANT BIOSECURITY ACT 2010 39 Importation of prescribed material (1) For section 8(1) of the Plant Biosecurity Act See: Act No. 2010 substitute-- 60/2010 and "(1) A person must not import, introduce or bring amending Act Nos into Victoria from a prescribed State or 82/2012, Territory or a prescribed part of a State or 54/2013, 70/2013 and Territory any prescribed material unless the 37/2014 person complies with the applicable LawToday: www. requirements of subsection (1C). legislation. vic.gov.au Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 60 penalty units. (1A) A person must not introduce or bring prescribed material into any part of Victoria from a restricted area unless the person complies with the applicable requirements of subsection (1C). Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 60 penalty units. (1B) A person must not cause or permit any of the things in subsection (1) or (1A) to be done unless the person complies with the applicable requirements of subsection (1C). Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 60 penalty units. 17

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 6--Amendments to the Plant Biosecurity Act 2010 s. 40 (1C) For the purposes of subsections (1), (1A) and (1B), the requirements are that a person, if required by the regulations-- (a) has sent to the Secretary or a person authorised under a compliance agreement made under section 47 and has in the person's possession at the time that the prescribed material is delivered to a person in Victoria a copy of-- (i) an assurance certificate; or (ii) a plant health certificate; or (iii) a plant health declaration; or (b) has presented the prescribed material for inspection, examination and treatment at a prescribed place or a place nominated by an inspector.". (2) In section 8(2) of the Plant Biosecurity Act 2010-- (a) for "subsection (1)(a), (b) or (c)" substitute "subsection (1), (1A) or (1B)"; and (b) for "subsection (1)(d) or (e)" substitute "subsection (1C)". 40 Possession of prescribed material (1) In section 9(1) of the Plant Biosecurity Act 2010, for "section 8(1)(d) or (e)" substitute "section 8(1C)(a) or (b)". (2) In section 9(2) of the Plant Biosecurity Act 2010, for "section 8(1)(d) or (e)" substitute "section 8(1C)(a) or (b)". 18

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 6--Amendments to the Plant Biosecurity Act 2010 s. 41 41 Assurance certificates In section 11 of the Plant Biosecurity Act 2010, for "section 8(1)(d)" substitute "section 8(1C)(a)". 42 Plant health certificates In section 12 of the Plant Biosecurity Act 2010, for "section 8(1)(d)" substitute "section 8(1C)(a)". 43 Plant health declarations In section 13 of the Plant Biosecurity Act 2010, for "section 8(1)(d)" substitute "section 8(1C)(a)". 44 Notification of plant pests or diseases In section 17(1) of the Plant Biosecurity Act 2010, for "plant or plant product" substitute "plant, plant product, used package, used equipment or earth material". 45 Return, treatment or disposal of plants etc. at direction of inspector For section 23(1) of the Plant Biosecurity Act 2010 substitute-- "(1) This section applies if any plant, plant product, plant vector, used package, used equipment, earth material or beehive is-- (a) introduced into Victoria; or (b) introduced into a control area declared by the Governor in Council under section 19; or (c) introduced into an infected place or restricted area; or (d) sent from a control area declared by the Governor in Council under section 19 into another part of Victoria; or 19

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 6--Amendments to the Plant Biosecurity Act 2010 s. 46 (e) sent from an infected place or restricted area-- contrary to any provision of this Act or an order made under this Act.". 46 Contravention of importation order For section 38(2) of the Plant Biosecurity Act 2010 substitute-- "(2) A person must not cause, permit or assist any plant, plant product, plant vector, used equipment, used package, earth material or beehive to enter or be imported into Victoria in contravention of an importation order under section 36. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 60 penalty units.". 47 Extension of time In section 125 of the Plant Biosecurity Act 2010, for "sections 8" substitute "sections 8(1), 8(1A), 8(1B), 8(2)". __________________ 20

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Part 7--Repeal of Amending Act s. 48 PART 7--REPEAL OF AMENDING ACT 48 Repeal of amending Act This Act is repealed on 1 July 2016. Note 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). 21

 


 

Primary Industries Legislation Amendment Act 2014 No. of 2014 Endnotes ENDNOTES Minister's second reading speech-- Legislative Assembly: Legislative Council: The long title for the Bill for this Act was "A Bill for an Act to amend the Prevention of Cruelty to Animals Act 1986, the Domestic Animals Act 1994, the Livestock Disease Control Act 1994, the Veterinary Practice Act 1997 and the Plant Biosecurity Act 2010 to further improve the operation of those Acts and for other purposes." By Authority. Government Printer for the State of Victoria. 22

 


 

 


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