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LIVESTOCK DISEASE CONTROL (AMENDMENT) BILL 2003

   Livestock Disease Control (Amendment) Bill

                          Circulation Print

               EXPLANATORY MEMORANDUM


                                  General
During September 2002, Victoria participated in the national Foot and Mouth
Disease outbreak simulation, Exercise Minotaur. Most of the amendments in
this Bill were identified during that exercise as necessary additions to the
legislation protecting livestock and plants and plant products from disease.
The Bill amends the Livestock Disease Control Act 1994 to make further
provision for the prevention, monitoring and control of exotic livestock
diseases. In addition, several amendments bring into effect decisions made
by the Government in 2002 in relation to the compensation fund for diseases
of sheep and goats under that Act.
The Bill also amends the Plant Health and Plant Products Act 1995 to
make further provision for the control and eradication of exotic diseases of
plants and plant products.

                               Clause Notes
Clause 1    sets out the main purposes of the Bill.

Clause 2    provides for the Bill to come into operation on the day after the
            day on which it receives the Royal Assent.

Clause 3    amends the purposes (section 1) and the objectives (section 4) of
            the Livestock Disease Control Act 1994 (the Act) to recognise
            that the Act also provides for "preventing" livestock diseases.
            The objectives of the Act are also amended to recognise that the
            Act facilitates the operation of livestock identification and
            tracking programs.

Clause 4    amends section 41(1) of the Act to extend the offences relating to
            storing, collecting or feeding material originating from a
            placental mammal in respect of pigs to material that has been in
            direct contact with material originating from a placental mammal.
            For example, the new offence would apply to a person who
            feeds a pig with pie casings (pastry) contaminated with meat


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551058                                          BILL LA CIRCULATION 2/5/2003

 


 

from the pies. This carries the same risk as feeding the meat from the pie to the pig. This clause inserts a new section 41(1)(d) that makes it an offence to supply to another person material originating from a placental mammal or that has been in direct contact with material originating from a placental mammal if the person supplying the material knows it is for use for feeding to a pig. Clause 5 repeals section 79B(4) of the Act to remove the ability to appropriate funds from the Consolidated Fund in the event that the Sheep and Goat Compensation Fund is insufficient to pay compensation from the Compensation Fund. Clause 6 substitutes section 79C of the Act to allow the Governor in Council to declare, by Order in Council published in the Government Gazette, a disease to be a disease for which compensation may be paid under Division 3A of Part 5 of the Act in respect of sheep or goats. Johne's disease will continue to be specified in the Act as a disease for which compensation is payable under Division 3A of Part 5 of the Act. Clause 7 substitutes section 105(1) of the Act to enable the Secretary, in addition to being able to certify that an outbreak of an exotic disease exists in any part or area of Victoria, to certify that an outbreak of an exotic disease exists in any part or area of Australia outside Victoria. The Secretary can only certify the existence of an exotic disease outside Victoria if it is necessary or expedient to take action or to make any authorisation or declaration under the Act to prevent, or reduce the risk of, the spread of the disease to Victoria. The effect of the Secretary certifying that a disease exists under section 105(1) is specified in section 105(2) of the Act. The Bill amends section 105(2) to make it clear that it applies in respect of an exotic disease certified as existing by the Secretary under section 105(1) whether in Victoria or any other part or area of Australia. Section 105(2) prevents court actions from being instituted or continued against the Minister, the Secretary, an inspector or any other person that would stop, prevent or restrain disease control activities in respect of the certified disease. Clause 8 amends section 108 of the Act to allow the Secretary to appoint, as a class, police officers and emergency services workers as inspectors under the Act if the Secretary has made an order under section 105 of the Act certifying the existence of an exotic disease. Police officers and emergency services workers so appointed will be able to perform the functions and exercise the 2

 


 

powers of inspectors under Division 3 of Part 8 of the Act subject to any restrictions specified in the instrument of appointment. Police officers appointed as inspectors as a class are required, on request, to show their identification as a police officer when exercising powers under the Act. Emergency services workers are required to show their identification as an emergency services worker in conjunction with a copy of the instrument of appointment of the class of persons to which they belong. Clause 9 inserts new section 138A into the Act to refer to the intention of section 105(2) to alter or vary section 85 of the Constitution Act 1975. Section 105(2) limits the jurisdiction of the Supreme Court to the extent necessary to prevent it from hearing actions which would stop, prevent or restrain disease control activities in respect of exotic diseases certified to exist by the Secretary, whether within Victoria or any other part of Australia. Clause 10 amends section 51 of the Plant Health and Plant Products Act 1995 (the Act) to allow the Secretary to appoint, as a class, police officers and emergency services workers as inspectors under the Act if the Minister has made an order under section 17 or 20 of the Act declaring a quarantine area or restricted area. Police officers and emergency services so appointed will be able to perform the functions and exercise the powers of inspectors under Part 8 of the Act while the order is in force, subject to any restrictions specified in the instrument of appointment. Police officers appointed as inspectors as a class are required, on request, to show their identification as a police officer when exercising powers under the Act. Emergency services workers are required to show their identification as an emergency services worker in conjunction with a copy of the instrument of appointment of the class of persons to which they belong. Clause 10 also amends section 51 of the Act to ensure that the appointment of inspectors can be in respect of plant vectors, used packages, agricultural equipment and soil in addition to plants and plant products. 3

 


 

 


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