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Primary Industries Legislation (Miscellaneous
Amendments) Bill
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Circulation Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill.
Clause 2 provides for the Bill, except clauses 22 to 26, 28 and 29, to come
into operation on the day after the day that the Bill receives
Royal Assent. Clauses 22 to 26, 28 and 29 of the Bill come into
operation on a day or days to be proclaimed, with a forced
commencement date of 1 January 2005.
PART 2--AMENDMENTS TO THE AGRICULTURAL AND
VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992
Clause 3 repeals sections 54(1)(i)(ii) and 54(1)(i)(iii) of the Agricultural
and Veterinary Chemicals (Control of Use) Act 1992.
The clause inserts new section 54(1A) which expands the range
of things that may be sampled by an authorised officer in order to
ascertain possible sources of agricultural spraying or the cause of
stock or agricultural produce being contaminated or in order to
monitor compliance with the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992 and regulations and
Orders made under that Act. This clause also makes
consequential amendments to section 54(4) of that Act.
Clause 4 repeals section 66(5) of the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992 so that a person aged
72 years or more is eligible for appointment or re-appointment as
a member of the Agricultural Chemicals Advisory Committee.
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PART 3--AMENDMENT TO THE DAIRY ACT 2000
Clause 5 inserts new section 21A into the Dairy Act 2000 to ensure that
the annual report of the Geoffrey Gardiner Dairy Foundation
Limited is tabled in Parliament. In the absence of a statutory
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requirement to do so, the annual report is currently tabled by
leave.
PART 4--AMENDMENTS TO THE FISHERIES ACT 1995
Clause 6 amends section 11A of the Fisheries Act 1995 by inserting a new
sub-section (2) to clarify that section 11A(1) does not limit the
application of any provision of that Act.
Clause 7 amends section 151(2) of the Fisheries Act 1995 to provide for a
prescribed rate of levy to be fixed in proportion to the number of
rock lobster pots specified in a licence and to the number of
quota units held.
Clause 8 amends clause 4(2) of Schedule 1 to the Fisheries Act 1995 to
provide for the appointment of a "person" as a member of a body
under that Act, such as the Fisheries Co-Management Council.
Clause 4(2) currently limits appointments to vacant positions to
only a "member" of a body.
PART 5--AMENDMENTS TO THE FISHERIES (FURTHER
AMENDMENT) ACT 2003
Clause 9 amends sections 29(3) and 30 of the Fisheries (Further
Amendment) Act 2003 to make clear that only an individual, a
single corporation or a co-operative may hold certain licences
under the Fisheries Act 1995.
PART 6--AMENDMENTS TO THE PLANT HEALTH AND
PLANT PRODUCTS ACT 1995
Clause 10 amends section 9(4) of the Plant Health and Plant Products
Act 1995 to refer to used packages, used agricultural equipment
and soil in addition to plants and plant products. This means that
it will also be an offence to move any of those things into or out
of a control area past a sign on a highway indicating that such
movement is prohibited.
Sub-clause (2) amends section 9(5) of the Plant Health and
Plant Products Act 1995 to enable the Secretary to issue a
permit for the movement of used packages, used agricultural
equipment and soil, in addition to plants and plant products, into
and out of a control area for any purpose, not just for scientific
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purposes or to examine samples. A permit will be issued which
specifies the conditions to apply to the movement of the relevant
material. A condition may be that the material is appropriately
treated.
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Clause 11 substitutes a new heading for the heading to Division 4 of Part 3
of the Plant Health and Plant Products Act 1995, which is
consequential on the insertion of new section 28A by clause 12 of
the Bill.
Clause 12 inserts a new section 28A into the Plant Health and Plant
Products Act 1995. Under new section 28A(1) the Minister is
able to certify by an order in writing that an outbreak of an exotic
pest or disease exists in Victoria, or in a part of Australia outside
Victoria and that it is necessary or expedient to take action to
prevent or reduce the risk of the spread of the pest or disease to
Victoria.
Section 28A(2) provides that when an order under section 28A(1)
is made by the Minister, no court proceedings can be taken or
continued against the Minister, the Secretary, an inspector or
other person that would stop, prevent or restrain the Minister, the
Secretary or an inspector or other person from taking action
under the Plant Health and Plant Products Act 1995 in relation
to or in consequence of an outbreak or suspected outbreak of an
exotic pest or disease within Victoria or another part of Australia.
Section 28A(3) provides that an order under new section 28A
comes into effect on publication in the Government Gazette.
Section 28A(4) provides that nothing in section 28A prevents the
institution or continuation of proceedings to recover damages for
any loss or damage resulting from an act or omission in the
negligent exercise of a power or authority conferred by or under
the Plant Health and Plant Products Act 1995.
Clause 13 inserts new section 71E into the Plant Health and Plant
Products Act 1995. This new section states that it is the intention
of new section 28A(2) to alter or vary section 85 of the
Constitution Act 1975.
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PART 7--AMENDMENTS TO THE STOCK (SELLER
LIABILITY AND DECLARATIONS) ACT 1993
Clause 14 amends section 11(1)(a) of the Stock (Seller Liability and
Declarations) Act 1993 to enable a person who intends to sell
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stock or livestock products to make an ongoing declaration that
the stock or livestock products will or will not be free of certain
diseases to be described in the regulations.
Clause 15 amends section 12(1)(a) of the Stock (Seller Liability and
Declarations) Act 1993 to enable a person who intends to sell
stock or livestock products to make a one-off declaration that the
stock or live stock products will or will not be free of certain
diseases to be described in the regulations.
Clause 16 amends section 14(1) of the Stock (Seller Liability and
Declarations) Act 1993 to make it clear that section 14(1)
applies only to an ongoing declaration that has been registered by
the Secretary under Part 3 of that Act.
Clause 17 substitutes new section 16 of the Stock (Seller Liability and
Declarations) Act 1993. New section 16 enables a person to
request the registration of an ongoing declaration. The Secretary
may decide to register or to refuse to register the declaration and
must provide notice of the decision. In the case of a decision to
refuse to register a declaration, the Secretary must provide a
statement of reasons for that decision.
Clause 18 substitutes new section 17 and inserts new section 17A into the
Stock (Seller Liability and Declarations) Act 1993.
New sections 17(1) and 17(2) permit the Secretary to suspend the
registration of an ongoing declaration for up to three years if
certain grounds exist and notice of the decision as well as a
statement of reasons must be given to the person who made the
declaration. New section 17(3) specifies when a suspension
comes into effect.
New sections 17A(1) and 17A(2) permit the Secretary to cancel
the suspended registration of an ongoing declaration if any
ground of the suspension still remains and at least half the
suspension period has expired. Under section 17A(3), the
Secretary must give notice of the cancellation to the person who
made the declaration and the notice must set out various details
including the reasons for the decision. The notice must also
inform the person of the right to apply for a review of the
decision by the Victorian Civil and Administrative Tribunal.
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Section 17A(4) specifies when a cancellation comes into effect.
Section 17A(5) provides for a suspension of registration to
extend up until the cancellation of that registration takes effect in
certain circumstances.
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Clause 19 inserts a new Part 4A into the Stock (Seller Liability and
Declarations) Act 1993 to provide for a review by the Victorian
Civil and Administrative Tribunal of a decision by the Secretary
to refuse to register, to suspend or to cancel the registration of an
ongoing declaration.
Clause 20 substitutes section 18A(1)(b) of the Stock (Seller Liability and
Declarations) Act 1993 to increase the range of matters about
which a declaration may be made by or on behalf of a seller of
stock to include the health status of the stock and whether or not
the stock is free from disease.
Clause 21 amends the regulation-making powers in section 38(1)(g), (i)
and (j) of the Stock (Seller Liability and Declarations) Act
1993 to enable a disease to be prescribed for the purpose of a
declaration under Part 3 of that Act.
PART 8--THE AUSTRALIAN FOOD INDUSTRY SCIENCE
CENTRE
Clause 22 defines certain terms used in Part 8 of the Bill.
Clause 23 repeals the Australian Food Industry Science Centre Act 1995
(the "repealed Act").
Clause 24 provides for the abolition of the Australian Food Industry
Science Centre ("the Centre"), for the abolition of the board of
directors of the Centre (the "Board"), for the going out of office
of the directors of the Board, for the abolition of any advisory
committee established by the Board and for any members of
advisory committees to cease to be a member, for the abolition of
the office of Chief Executive Officer of the Centre and for the
person holding that office to go out of office.
Clause 25 provides for any money in the Australian Food Industry Science
Centre Fund, established under section 24 of the repealed Act, to
vest in the Department of Primary Industries Trust Fund in the
Public Account.
Clause 26 provides for the State to be the successor in law to the Centre on
the day the repealed Act is repealed and for a reference to the
Centre or Board in any document to be deemed to be a reference
to the State on or after that day.
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Clause 27 validates two leases over Centre land to which the Centre is a
party.
Clause 28 continues the deemed temporary reservation of the Centre land in
accordance with section 27(2)(b) of the repealed Act.
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Clause 29 repeals item 36 in Schedule 1 to the Borrowing and Investment
Powers Act 1987 consequential upon the abolition of the Centre.
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