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This is a Bill, not an Act. For current law, see the Acts databases.
ANIMAL AND PLANT DISEASES AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Environment)
Animal and
Plant Diseases Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Environment)
Animal and Plant
Diseases Amendment Bill 2003
A Bill for
An Act to amend the
Animal Diseases Act
1993 and the
Plant Diseases Act 2002
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Animal and Plant Diseases Amendment Act
2003.
(1) Part 2 commences on the day after this Act’s notification
day.
(2) Part 3 commences on the later of—
(a) the day after this Act’s notification day; and
(b) the commencement of the Plant Diseases Act 2002.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Part
2 Animal Diseases Act
1993
This part amends the Animal Diseases Act 1993.
4 Declaration
of exotic diseasesNew section 12 (3)
to (5)
insert
(3) A declaration under this section may provide for its commencement on
or before the declaration’s notification day.
Note This subsection provides express authority for a declaration to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(4) However—
(a) a declaration may not provide for a commencement date or time that
would result in the declaration commencing before it is made; and
(b) a declaration may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(5) If a declaration commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the declaration is broadcast in the
ACT by television or radio as soon as possible after it is made.
5 Exotic
disease quarantine areaNew section
14 (5) to (7)
insert
(5) A declaration under this section may provide for its commencement on
or before the declaration’s notification day.
Note This subsection provides express authority for a declaration to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(6) However—
(a) a declaration may not provide for a commencement date or time that
would result in the declaration commencing before it is made; and
(b) a declaration may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(7) If a declaration commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the declaration is broadcast in the
ACT by television or radio as soon as possible after it is made.
6 Importation
restrictionNew section 15 (5) to
(7)
insert
(5) A declaration under this section may provide for its commencement on
or before the declaration’s notification day.
Note This subsection provides express authority for a declaration to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(6) However—
(a) a declaration may not provide for a commencement date or time that
would result in the declaration commencing before it is made; and
(b) a declaration may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(7) If a declaration commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the declaration is broadcast in the
ACT by television or radio as soon as possible after it is made.
7 Declaration
of stock and endemic stock diseasesNew
section 21 (3) to (5)
insert
(3) A declaration under this section may provide for its commencement on
or before the declaration’s notification day.
Note This subsection provides express authority for a declaration to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(4) However—
(a) a declaration may not provide for a commencement date or time that
would result in the declaration commencing before it is made; and
(b) a declaration may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(5) If a declaration commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the declaration is broadcast in the
ACT by television or radio as soon as possible after it is made.
8 Endemic
stock disease quarantine areaNew section
23 (5) to (7)
insert
(5) A declaration under this section may provide for its commencement on
or before the declaration’s notification day.
Note This subsection provides express authority for a declaration to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(6) However—
(a) a declaration may not provide for a commencement date or time that
would result in the declaration commencing before it is made; and
(b) a declaration may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(7) If a declaration commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the declaration is broadcast in the
ACT by television or radio as soon as possible after it is made.
Part
3 Plant Diseases Act
2002
This part amends the Plant Diseases Act 2002.
in part 1, insert
4A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
11 Meaning
of diseaseNew section 5 (4) to
(6)
insert
(4) A declaration under this section may provide for its commencement on
or before the declaration’s notification day.
Note This subsection provides express authority for a declaration to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(5) However—
(a) a declaration may not provide for a commencement date or time that
would result in the declaration commencing before it is made; and
(b) a declaration may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(6) If a declaration commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the declaration is broadcast in the
ACT by television or radio as soon as possible after it is made.
12 Meaning
of pestNew section 7 (4) to
(6)
insert
(4) A declaration under this section may provide for its commencement on
or before the declaration’s notification day.
Note This subsection provides express authority for a declaration to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(5) However—
(a) a declaration may not provide for a commencement date or time that
would result in the declaration commencing before it is made; and
(b) a declaration may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(6) If a declaration commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the declaration is broadcast in the
ACT by television or radio as soon as possible after it is made.
13 Prohibition
of introduction etc of plants, insects, diseases and
pestsSection
8 (5)
substitute
(5) A prohibition under this section may provide for its commencement on
or before the prohibition’s notification day.
Note This subsection provides express authority for a prohibition to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(6) However—
(a) a prohibition may not provide for a commencement date or time that
would result in the prohibition commencing before it is made; and
(b) a prohibition may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(7) If a prohibition commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the prohibition is broadcast in the
ACT by television or radio as soon as possible after it is made.
(8) A person commits an offence if the person intentionally contravenes a
prohibition under this section.
Maximum penalty: 1 000 penalty units.
(9) A person commits an offence if the person contravenes a prohibition
under this section.
Maximum penalty: 50 penalty units.
(10) An offence against subsection (9) is a strict liability
offence.
14 Declaration
of quarantine areaSection
10 (5)
substitute
(5) A declaration under this section may provide for its commencement on
or before the declaration’s notification day.
Note This subsection provides express authority for a declaration to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(6) However—
(a) a declaration may not provide for a commencement date or time that
would result in the declaration commencing before it is made; and
(b) a declaration may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(7) If a declaration commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the declaration is broadcast in the
ACT by television or radio as soon as possible after it is made.
(8) A person commits an offence if the person intentionally contravenes a
declaration under this section.
Maximum penalty: 1 000 penalty units.
(9) A person commits an offence if the person contravenes a declaration
under this section.
Maximum penalty: 50 penalty units.
(10) An offence against subsection (9) is a strict liability
offence.
15 Undertaking
by ownersSection
11 (3)
before
contravene
insert
intentionally
16 Declaration
of area subject to importation
restrictionSection
12 (5)
substitute
(5) A declaration under this section may provide for its commencement on
or before the declaration’s notification day.
Note This subsection provides express authority for a declaration to
commence on or before its notification day—see Legislation Act,
s 73 (2) (d) (General rules about commencement).
(6) However—
(a) a declaration may not provide for a commencement date or time that
would result in the declaration commencing before it is made; and
(b) a declaration may not commence before it is notified under the
Legislation Act unless the Minister is satisfied that the circumstances are of
such seriousness and urgency that commencement before notification is necessary
to prevent a disease or pest becoming established, or spreading, in the
ACT.
(7) If a declaration commences before it is notified under the Legislation
Act, the Minister must ensure that notice of the declaration is broadcast in the
ACT by television or radio as soon as possible after it is made.
(8) A person commits an offence if the person intentionally contravenes a
declaration under this section.
Maximum penalty: 1 000 penalty units.
(9) A person commits an offence if the person contravenes a declaration
under this section.
Maximum penalty: 50 penalty units.
(10) An offence against subsection (9) is a strict liability
offence.
substitute
13 Direction for seizure, disinfection, destruction
etc of plants etc
(1) The Minister may, in writing, direct—
(a) an inspector to seize a stated plant, fruit, vegetable, vehicle or
another stated thing; or
(b) the owner or person in charge of premises or a plant, fruit, vegetable
or another thing to take the action stated in the direction to disinfect the
premises, plant, fruit, vegetable or other thing; or
(c) the owner or person in charge of premises to destroy or treat a stated
plant, fruit, vegetable or another stated thing at the premises; or
(d) an inspector or another person to take another stated action the
Minister considers necessary.
(2) The Minister may give a direction under subsection (1) only if
the Minister believes on reasonable grounds that the direction is necessary or
desirable to prevent a disease or pest becoming established, or spreading, in
the ACT.
(3) A direction given to a person other than an inspector must state the
time within which, and how, the disinfection, destruction, treatment or other
action must be taken.
(4) A person commits an offence if the person intentionally contravenes a
direction under this section.
Maximum penalty: 1 000 penalty units.
(5) Subsection (4) does not apply to a direction given to an
inspector.
(6) In this section:
vehicle includes a caravan, trailer or vessel.
18 Obligation
to report notifiable diseases and
pestsSection 16 (1) and
(2)
substitute
(1) A person commits an offence if the person—
(a) has reasonable grounds for believing that there is a notifiable
disease or a notifiable pest at premises; and
(b) does not report the existence of the disease or pest to the Minister
within 24 hours after becoming aware of the facts on which those grounds are
based.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
19 Identity
cardsSection
20 (2)
substitute
(2) A person commits an offence if the person—
(a) was appointed as an inspector under section 19; and
(b) ceases to be an inspector; and
(c) does not return the person’s identity card to the chief
executive within 7 days after the day the person ceases to be an
inspector.
Maximum penalty (subsection (2)): 1 penalty unit.
(3) An offence against subsection (2) is a strict liability
offence.
20 General
powers on entry to premisesSection
26 (2)
substitute
(2) A person commits an offence if the person intentionally contravenes a
requirement under subsection (1) (f).
Maximum penalty: 50 penalty units.
21 Power
to require name and addressSection
27 (3) and (4)
substitute
(3) A person commits an offence if the person contravenes a requirement
under subsection (1).
Maximum penalty: 5 penalty units.
(4) However, a person is not required to comply with a requirement under
subsection (1) if, when asked by the person, the inspector does not produce his
or her identity card for inspection by the person.
(5) An offence against this section is a strict liability
offence.
22 Power
to seize thingsSection
28 (6)
substitute
(6) A person commits an offence if the person intentionally interferes
with a thing to which access has been restricted under
subsection (5) (b).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(7) Subsection (6) does not apply if the Minister approved the
interference.
substitute
32 False or misleading
information
(1) A person commits an offence if the person—
(a) gives information in purported compliance with a requirement under
this Act; and
(b) does so knowing that the information—
(i) is false or misleading; or
(ii) omits something without which the information is false or
misleading.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) A person commits an offence if the person—
(a) gives information in purported compliance with a requirement under
this Act; and
(b) is reckless about whether the information—
(i) is false or misleading; or
(ii) omits something without which the information is false or
misleading.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsections (1) (b) (i) and (2) (b) (i) do not apply if the
information is not false or misleading in a material particular.
(4) Subsections (1) (b) (ii) and (2) (b) (ii) do not apply if
the omission does not make the information false or misleading in a material
particular.
(5) Subsection (6) applies if, in a prosecution for an offence against
subsection (1), the trier of fact is not satisfied that the defendant is guilty
of the offence, but is satisfied beyond reasonable doubt that the defendant is
guilty of an offence against subsection (2).
(6) The trier of fact may find the defendant guilty of the offence against
subsection (2), but only if the defendant has been given procedural fairness in
relation to that finding of guilt.
33 False or misleading documents
(1) A person commits an offence if the person—
(a) produces a document in purported compliance with a requirement under
this Act; and
(b) does so knowing that the document is false or misleading.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) Subsection (1) does not apply if the document is not false or
misleading in a material particular.
(3) Subsection (1) does not apply to a person who produces a document if
the document is accompanied by a signed statement—
(a) stating that the document is, to the signing person’s knowledge,
false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in which the
document is, to the signing person’s knowledge, false or
misleading.
(4) For subsection (3), the statement must be signed by—
(a) the person; or
(b) if the person who produces the document is a corporation—a
competent officer of the corporation.
(5) A person commits an offence if the person—
(a) produces a document in purported compliance with a requirement under
this Act; and
(b) is reckless about whether the document is false or
misleading.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(6) Subsection (5) does not apply if the document is not false or
misleading in a material particular.
(7) Subsection (8) applies if, in a prosecution for an offence against
subsection (1), the trier of fact is not satisfied that the defendant is guilty
of the offence, but is satisfied beyond reasonable doubt that the defendant is
guilty of an offence against subsection (5).
(8) The trier of fact may find the defendant guilty of the offence against
subsection (5), but only if the defendant has been given procedural fairness in
relation to that finding of guilt.
34 Hindering or obstructing an
inspector
(1) A person commits an offence if the person obstructs or hinders an
inspector in the exercise of a function under this Act.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability
offence.
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
© Australian Capital Territory
2003
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