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Livestock Disease Control (Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
The main purpose of the Bill is to implement a framework for the National
Livestock Identification Scheme (NLIS) to allow the permanent
identification of cattle and potentially other livestock species and for related
matters concerning monitoring and control of livestock diseases by amending
the Livestock Disease Control Act 1994. This reflects changing consumer
expectations in relation to food safety and is part of national initiatives
supported by industry bodies and the Council of Agriculture and Resources
Ministers of Australia and New Zealand. The NLIS has been developed with
wide industry consultation and will be implemented in the future on this
basis.
The framework of the NLIS will be initially applied only to cattle and in
limited circumstances and in stages. Features of the framework include a
unique identification number for each animal associated with a device
containing a microchip attached permanently to each animal.
Sufficient flexibility in regulation making power and executive action is also
needed to enable the scheme to be implemented in stages and for each stage
to be limited by means of exemptions.
Other amendments have been made to enhance controls on the grazing of
cattle on sewage farms, to address minor deficiencies in the Act and to allow
penalty infringement notices to be issued for some offences.
Notes on Clauses
Clause 1 sets out the main purpose of the Bill.
Clause 2 provides for the commencement of the Bill. Clause 15 (new
section 94B) has a commencement date of 1 January 2005, if not
proclaimed earlier. The other provisions will have a
commencement date of 1 July 2002 if not proclaimed earlier.
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Clause 3 names the Principal Act being amended by this Bill as the
Livestock Disease Control Act 1994.
Clause 4 provides, under new section 6(3A), for exemptions to be made
by means of Order in Council to the operation of the Act or
Regulations. These exemptions may apply to any livestock or
class or species of livestock or any person or class of person.
Under new section 6(3B), the exemption can be made
unconditionally or on specified conditions or in specified
circumstances.
The framework of NLIS is established with the amended sections
9A, 9B and 9C, the regulation-making power in section 139, and
the Secretary's powers to prescribe aspects of the
implementation. The ability to prescribe and make exemptions is
primarily to provide flexibility to limit the implementation of
NLIS, to be responsive to circumstances and conditions within
the relevant livestock industry. This has considerable benefits. It
allows responsiveness to changed circumstances (such as adverse
or changed market conditions). A rigid timetable for
implementation set in the legislation is considered to be
undesirable to enable the issues facing the livestock industry to
be addressed in line with industry requirements.
Initially the framework will be applied only to cattle and the
scope of this application will be immediately restricted by means
of the exemptions. Existing methods by which livestock have
already been tagged, marked or branded will still operate in some
circumstances. Compliance with the new methods will not be
required if (at the time of commencement) cattle or prescribed
livestock were validly identified in accordance with existing
provisions when the owner acquired them and those methods of
identification remain intact.
Compliance with section 9 may be exempted in certain
circumstances and subject to certain conditions such as where a
National Vendor Declaration has been completed.
Exemptions made within a class or species of livestock, initially
cattle, will be progressively removed until full implementation of
NLIS is achieved with a smooth transition with respect to cattle.
However, some exemptions may be on-going. When considering
the merits of an exemption, the objectives of the Act and the
need to ensure the integrity of the identification and tracking
system will be taken into account. Examples of relevant
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circumstances which may be considered include occupational
health and safety issues, bushfires and other emergencies,
extreme changes in market conditions or other industry concerns.
Clause 5 amends section 9 to ensure that persons engaged in certain
activities in relation to cattle and prescribed livestock are
required to ensure compliance with the new permanent
identification provisions in section 9A (which in turn
incorporates new property identification obligations in
section 9B).
Clause 6 provides for a new section 9A. On the face of this provision, the
owners of cattle will ultimately be required to tag, mark brand or
identify the cattle in the manner specified by the Secretary.
However implementation of many of the requirements will be
delayed using the exemption provisions until other aspects of the
scheme are implemented.
It is intended that when the new section 9A commences
(currently scheduled for 1 January 2002 and in accordance with
industry advice) exemptions will be made to take effect on that
date under new section 6(3A) by Order in Council. This is
intended to have the practical effect that a new identification
device issued in accordance with the NLIS and specified by the
Secretary must be used for cattle born after 1 January 2002
before they leave their property of birth unless they are within
2 categories--
· bobby calves less than 6 weeks of age and sold for
immediate slaughter
· cattle born after 1 January 2002 and sent direct to an
abattoir by the breeder.
Cattle born before that date will continue to be identified by the
existing methods. Further, it is expected that producers will not
be required to `tail tag' NLIS identified cattle if the cattle are
consigned from the breeder's property to an abattoir if the
consignment is accompanied by a correctly completed National
Vendor Declaration form.
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In section 9A(2) there is a continuing obligation to ensure the
livestock remain properly identified for their lifespan and the
provision requires that the relevant means of identification not be
removed except under an inspector's direction or other specified
circumstances.
Subsection (3) provides that the means of identification required
by the Secretary can incorporate an electronic microchip.
Subsection (4) ensures that the Secretary publishes the
requirements by means of a gazette notice.
A penalty applies to sections 9A(1) and 9A(2), for which a
penalty infringement notice may be issued pursuant to amended
section 139.
Clause 7 introduces new section 9B concerning property identification.
The new provisions are an essential part of the NLIS. They
ensure that a unique identification is issued in relation to a
property where cattle or prescribed livestock is born, or where
the cattle or prescribed livestock is normally kept, or will be kept
(whichever is the most recent in relation to the stock at the time
the section commences). This property identification is to be
used on approved tagging devices to enable traceback, and when
reporting livestock movement in accordance with later
provisions. A penalty applies for which a penalty infringement
notice may be issued pursuant to amended section 139.
Clause 8 amends the requirements for manufacturers of tags and devices to
be authorised by the Secretary for their supply, and must include
a code or number allocated by the Secretary under Section 9B. A
penalty applies for which a penalty infringement notice may be
issued pursuant to amended section 139. Subsection (2) prohibits
the re-use of tags without the Secretary's permission.
Clause 9 requires that before diseased livestock may be brought into
Victoria, that a licence or authority must have been sought from
and granted by the Secretary. A penalty applies for non-
compliance. Conditions on the licence may be imposed by the
Secretary. A licence may be issued for a maximum of 3 years.
Clause 10 extends the time of effect of a Ministerial Order which declares a
control area in existing section 29(5) from 60 days, to 12 months.
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It also allows a possible extension for a further 12 months. This
reflects the reality that most exotic diseases cannot be controlled
within 60 days and generally it is at least a year or more before
controls can be safely lifted.
Clause 11 ensures that where the Secretary's approval is sought to allow
pigs or cattle to graze on pasture or crops on which sewage or
night soil has been deposited, the Secretary can issue an approval
subject to conditions. This provision applies where the standard
of purification for that sewage or night soil set in a Ministerial
Order in section 42(2) has not been met. Relevant matters are
specified which the Secretary must take into account when
exercising this discretion to make conditions. This can apply to
farmers on properties adjacent to sewerage authorities who have
purchased water discharged from the sewerage treatment facility.
The conditions are necessary to ensure that public health is
protected and other objectives in the Act are met.
Clause 12 amends section 44(1)(c) to ensure that where a sewerage
authority allows cattle to be situated on or to graze on land on
which night soil or sewage has been deposited the cattle cannot
be removed for slaughter without the Secretary's approval.
This provision applies where the standard of purification for that
sewage or night soil set in a Ministerial Order in section 42(2)
has not been met. As in clause 11, the Secretary can issue an
approval subject to conditions and relevant matters are specified
which the Secretary must take into account when exercising this
discretion.
Clause 13 inserts a new heading consequential to new reporting
requirements in clause 15.
Clause 14 specifies more clearly the persons to whom reporting
requirements in section 94A(2) apply, in relation to agents for
purchasers.
Clause 15 is expected to commence on 1 January 2005 if not proclaimed
earlier. This clause implements a new reporting requirement for
the operator of an abattoir or knackery to keep certain records
and notify the Secretary or a person nominated by the Secretary
within 7 days or a specified time, of livestock slaughter or
disposal. A penalty applies for non-compliance. Recording and
reporting must be undertaken of the movement of all store and
breeding stock. Knackeries must read NLIS devices on the cattle
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they process and notify the NLIS database. Producers will
however be made exempt from the requirement to `tail tag' NLIS
identified cattle consigned to a saleyard or abattoir.
Clause 16 inserts new section 96B and is consequential to the repeal of the
Auction Sales Act 1958. It requires that the bona fides of the
person selling livestock have been established to the agent selling
the livestock. This requirement was previously contained in
repealed section 38 of the Auction Sales Act 1958.
A penalty applies for non-compliance.
Clause 17 provides for an identification notice in relation to diseased
livestock to be issued by an inspector. Livestock believed to be
infected with a disease or susceptible to infection with disease
(including exposure to infected livestock), is to be identified in
accordance with an inspector's requirements. This is considered
necessary to have orderly control over and contain disease
outbreaks.
A penalty applies for non-compliance.
Clause 18 allows a penalty infringement notice to be issued for certain new
provisions with penalties.
Clause 19 amends the regulation making power in section 139 of the
Principal Act to allow for further implementation of the
framework for NLIS with respect to the identification of
livestock and the recording of livestock movement. The
amendment also allows for the regulation of the destruction or
disposal of the means of identification of livestock.
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