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This is a Bill, not an Act. For current law, see the Acts databases.
ANIMAL DISEASES BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment)
Animal
Diseases Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment)
Animal Diseases Bill
2005
A Bill for
An Act to provide for the control of endemic and exotic diseases of
animals, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Animal Diseases Act 2005.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The object of this Act is to protect human health and markets for animal
products by—
(a) preventing and controlling outbreaks of endemic and exotic animal
diseases in the ACT; and
(b) assisting in the prevention and control of outbreaks of endemic and
exotic animal diseases in other jurisdictions.
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition, ‘stock, for part
4 (Stock tags)—see section 37.’ means that the term
‘stock’ is defined in that section for part 4.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
6 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.
7 Appointment
of director
(1) The chief executive may appoint a public servant as the Director of
Veterinary Hygiene.
(2) A public servant may only be appointed as the director if the person
is a veterinary surgeon.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
The director may delegate the director’s functions under this Act or
another territory law to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
Part
3 Exotic and endemic diseases of
animals
(1) For this Act, an animal is infected with a disease if it
is suffering from the disease.
(2) For subsection (1), an animal is taken to be suffering from a disease
if there is a reasonable basis for suspecting the animal is infected with the
disease.
Example
a veterinary surgeon reports evidence of symptoms of a disease
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) For this Act, premises are infected with a disease if
there is a reasonable basis for suspecting the premises are infected with the
disease.
Example
animals infected with the disease have recently been on the
premises
(4) For this Act, a thing (including an animal product) is
infected with a disease if there is a reasonable basis for
suspecting the thing is infected with the disease.
Examples
1 the thing has recently been in contact with an animal infected with the
disease
2 the animal product is a product of an animal infected with the
disease
10 Declarations
under pt 3
(1) A declaration under this part 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)).
(2) 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 its commencement before notification is
necessary to prevent a disease becoming established, or spreading, in the
ACT.
(3) If a declaration commences before it is notified under the Legislation
Act, the Minister must give notice of the declaration to the required media as
soon as possible after the declaration is made.
11 Certificate
of freedom from disease
(1) An owner or occupier of premises may apply to the director, in
writing, for a certificate that the premises are not infected with an exotic
disease or endemic disease.
Note If a form is approved under s 89 for a
certificate, the form must be used.
(2) If the director is satisfied that the premises are not infected with
the disease, the director must, in writing, certify the premises to be free of
the disease on the day of the certification.
(3) In a proceeding for an offence against this Act, a certificate given
under this section is evidence of the matters stated in it.
Division
3.2 Exotic
diseases
12 Declaration
of exotic disease
(1) The Minister may, in writing, declare a disease to be an exotic
disease for this Act.
(2) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
13 Notification
of exotic disease
(1) If a person has reasonable grounds for believing that an animal is
infected with an exotic disease, the person must immediately tell the director
in writing.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) If the owner or person in charge of an animal has reasonable grounds
for believing that the animal is infected with an exotic disease, the person
must immediately separate the animal from any other animal that is not infected
with the disease.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsection (2) does not apply to an authorised person.
14 Directions
to control spread of exotic disease
(1) The director may, in writing, direct—
(a) an authorised person to seize an animal, animal product, vehicle or
other thing; or
(b) the owner or person in charge of premises, an animal product or other
thing to take stated action to decontaminate the premises, animal product or
thing; or
(c) the owner or person in charge of an animal to—
(i) take stated action to inoculate the animal or otherwise produce an
immunity to the disease in the animal; or
(ii) take stated action to treat the animal or protect its welfare;
or
(d) an authorised person or anyone else to take any other stated action
that the director considers necessary.
Note The Legislation Act, s 170 and s 171 deal with the application
of the privilege against selfincrimination and client legal privilege.
(2) The director may give a direction under subsection (1) only if the
director has reasonable grounds for believing that it is necessary to give the
direction to prevent or control the spread of an exotic disease.
(3) If an authorised person has reasonable grounds for suspecting that an
animal is infected with an exotic disease, the authorised person may, in
writing, direct the owner or person in charge of the animal to keep it at stated
premises for a stated reasonable time.
(4) A person commits an offence if the person fails to take reasonable
steps to comply with a direction given to the person under this
section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(5) Subsection (4) does not apply to an authorised person.
(1) The Minister may, in writing, declare an area outside the ACT to be
subject to an import restriction, if the Minister has reasonable grounds for
believing that—
(a) an animal in the area is infected with an exotic disease;
and
(b) the declaration is necessary to prevent the spread of the
disease.
(2) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(3) A declaration must state—
(a) the animals to which the declaration applies; and
(b) the disease in relation to which the declaration is made;
and
(c) the area to which the declaration applies; and
(d) the restrictions on importing into the ACT an animal, animal product
or other thing that has, at any time during a stated period, been in the area;
and
(e) the restrictions on sale in the ACT of an animal, animal product or
other thing that has, at any time during a stated period, been in the area;
and
(f) if the declaration is to have effect for a limited period—the
period.
(4) The Minister must publish the declaration in a daily newspaper
published and circulating in the ACT.
(5) A person commits an offence if the person contravenes a restriction in
a declaration under this section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Division
3.3 Endemic diseases
16 Declaration
of endemic disease
(1) The Minister may, in writing, declare a disease to be an endemic
disease for this Act.
(2) The Minister may, in writing, declare an endemic disease to be a
compensable disease for section 28 (Compensation for animal etc
destroyed—endemic disease).
(3) A declaration under this section is a disallowable
instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
17 Notification
of endemic disease
(1) If a person has reasonable grounds for believing that an animal is
infected with an endemic disease, the person must immediately tell the director
in writing.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) If the owner or person in charge of an animal has reasonable grounds
for believing that the animal is infected with an endemic disease, the person
must separate the animal from any other animal that is not infected with the
disease.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsection (2) does not apply to an authorised person.
18 Directions
to control spread of endemic disease
(1) The director may, in writing, direct—
(a) an authorised person to seize an animal, animal product, vehicle or
other thing; or
(b) the owner or person in charge of premises, an animal product or other
thing to take stated action to decontaminate the premises, animal product or
thing; or
(c) the owner or person in charge of an animal to—
(i) take stated action to inoculate the animal or otherwise produce an
immunity to the disease in the animal; or
(ii) take stated action to treat the animal or protect its welfare;
or
(d) an authorised person or anyone else to take any other stated action
that the director considers necessary.
Note The Legislation Act, s 170 deals with the application of the
privilege against selfincrimination.
(2) The director may give a direction under subsection (1) only if the
director has reasonable grounds for believing that it is necessary to give the
direction to prevent or control the spread of an endemic disease.
(3) If an authorised person has reasonable grounds for suspecting that an
animal is infected with an endemic disease, the authorised person may, in
writing, direct the owner or person in charge of the animal to keep it at stated
premises for a stated reasonable time.
(4) A person commits an offence if the person fails to take all reasonable
steps to comply with a direction given to the person under this
section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(5) Subsection (4) does not apply to an authorised person.
Division
3.4 Quarantine
areas
19 Exotic
disease quarantine area
(1) The Minister may, in writing, declare a stated area to be an exotic
disease quarantine area, if the Minister has reasonable grounds for believing
that—
(a) an animal is infected with an exotic disease; and
(b) the declaration is necessary to prevent the spread of the
disease.
(2) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(3) The Minister must also publish the declaration in a daily newspaper
published and circulating in the ACT.
20 Endemic
disease quarantine area
(1) The Minister may, in writing, declare an area to be an endemic disease
quarantine area, if the Minister has reasonable grounds for believing
that—
(a) an animal is infected with an endemic disease; and
(b) the declaration is necessary to prevent the spread of the
disease.
(2) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
21 Content
of quarantine declarations
A declaration under section 19 or section 20 must state—
(a) the animals to which the declaration applies; and
(b) the disease in relation to which the declaration is made;
and
(c) the area to which the declaration applies; and
(d) the restrictions on entry to, leaving and movement within the area;
and
(e) the restrictions on sale in the ACT of an animal, animal product or
other thing that has, at any time during a stated period, been in the area;
and
(f) if the declaration is to have effect for a limited period—the
period.
22 Offence—contravening
restriction in quarantine declaration
A person commits an offence if the person contravenes a restriction in a
declaration under section 19 or section 20.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
23 Public
notices for quarantine areas
(1) The chief executive may display any notices that the chief executive
considers necessary for this Act within or near a boundary of a quarantine area,
on a public street that enters a quarantine area, or a border of the
ACT.
Note If a form is approved under s 89 for a notice, the form must be
used.
(2) A person commits an offence if—
(a) a notice is displayed under subsection (1); and
(b) the person removes, alters, damages, defaces or covers the notice
while the notice is in force.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) Subsection (2) does not apply if the person acts with the written
consent of the chief executive.
24 Offence—movement
of animals
(1) A person commits an offence if the person does something that enables
an animal to enter or leave a quarantine area.
Maximum penalty: 50 penalty units.
(2) This section does not apply if the person acts with the written
approval of the chief executive or the director.
25 Removal
of refuse from quarantine area
(1) The director may, in writing, direct the owner or occupier of premises
in an exotic disease quarantine area to remove refuse from the
premises.
(2) The director may give a direction under subsection (1) only if the
director has reasonable grounds for believing that it is necessary to give the
direction to prevent or control the spread of an exotic disease.
(3) The direction must state when and how the refuse is to be
removed.
(4) A person commits an offence if the person fails to take all reasonable
steps to comply with a direction given to the person under subsection
(1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
26 Court
proceedings about exotic disease declaration
While a declaration under section 19 (Exotic disease quarantine area) is in
force, the declaration or a direction under this part in relation to an exotic
disease in relation to which the declaration is made—
(a) must not be challenged or called into question in any court;
and
(b) is not subject to prohibition, mandamus or injunction in any court on
any account.
Division
3.5 Destruction of animals and other
things
27 Destruction
of infected animals etc—endemic disease
(1) The director may, in writing, direct an authorised person or someone
else to destroy—
(a) an infected animal; or
(b) an infected animal product or other thing.
(2) The director may give a direction under subsection (1) only if the
director has reasonable grounds for believing that it is necessary to give the
direction to prevent or control the spread of an endemic disease.
(3) A direction may state how the animal or thing must be
destroyed.
(4) The director must give a copy of a direction to the owner or person
apparently in charge of the animal or thing—
(a) before the direction is carried out unless—
(i) after reasonable search and inquiry the owner or person apparently in
charge cannot be found; and
(ii) the director considers that the circumstances require the immediate
destruction of the animal or thing; or
(b) in any other case—as soon as practicable after the direction is
carried out.
(5) A person commits an offence if the person fails to take all reasonable
steps to comply with a direction given to the person under subsection
(1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(6) Subsection (4) and (5) do not apply to an authorised person.
28 Compensation
for animal etc destroyed—endemic disease
(1) This section applies if an animal or thing infected with a compensable
endemic disease is destroyed under section 27.
(2) The owner of the animal or thing may apply to the chief executive for
compensation.
(3) The application must be made within 90 days after the day the animal
or thing is destroyed or any further period the chief executive
allows.
(4) The chief executive must decide an amount of compensation (not more
than the market value of the animal or thing) payable to the owner.
29 Destruction
of infected animals etc—exotic disease
(1) The director may, in writing, direct an authorised person or someone
else to destroy—
(a) an infected animal; or
(b) an infected animal product or other thing; or
(c) infected premises (other than a dwelling).
(2) The director may give a direction under subsection (1) only if the
director has reasonable grounds for believing that it is necessary to give the
direction to the prevention or control the spread of an exotic
disease.
(3) A direction may state how the animal, thing or premises must be
destroyed.
(4) The director must give a copy of a direction to the owner or person
apparently in charge of the animal, thing or premises—
(a) before the direction is carried out unless—
(i) after reasonable search and inquiry the owner or person apparently in
charge cannot be found; and
(ii) the director considers that the circumstances require the immediate
destruction of the animal, thing or premises; or
(b) in any other case—as soon as practicable after the direction is
carried out.
(5) A person commits an offence if the person fails to take all reasonable
steps to comply with a direction given to the person under subsection
(1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(6) Subsection (4) and (5) do not apply to an authorised person.
30 Compensation
for animal etc destroyed—exotic disease
(1) This section applies if an animal, premises or other thing has been
destroyed under section 29.
(2) The owner of the animal, premises or other thing may apply to the
chief executive for compensation.
(3) The application must be made within 90 days after the day the animal,
premises or other thing is destroyed or any further period the chief executive
allows.
(4) The chief executive must decide an amount of compensation (not more
than the market value of the animal, premises or other thing) payable to the
owner.
31 Compensation
for death of animal from exotic disease
(1) This section applies if—
(a) an animal has died; and
(b) a veterinary surgeon has certified that the death was caused by an
exotic disease.
(2) The owner of the animal may apply to the chief executive for
compensation.
(3) The application must be made within 90 days after the day the animal
died or any further period the chief executive allows.
(4) The chief executive must decide an amount of compensation (not more
than the market value of the animal) payable to the owner.
Division
3.6 Offences
generally
(1) A person commits an offence if the person does something that
communicates a disease or disease agent to an animal.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) This section does not apply if the person acts with the written
approval of the director.
(3) In this section:
disease agent means any prion, virus, rickettsia, bacterium,
protozoon, fungus, helminth, arthropod, insect or other pathogen or organism
that can cause a disease in an animal.
(1) A person commits an offence if the person uses on an animal, or
material derived from an animal—
(a) a virus, vaccine or other biological product containing living
organisms for treatment or prevention of an exotic or endemic disease;
or
(b) a biological product containing something derived from a living
organism for diagnosis of an exotic or endemic disease.
Example for par (b)
a protein extract derived as a testing agent
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) This section does not apply if the person acts with the written
approval of the director.
34 Feeding
of swill to controlled stock
(1) A person commits an offence if the person feeds swill to controlled
stock.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) In this section:
controlled stock means a pig or an animal declared by
regulation to be controlled stock.
properly rendered meal means meal that has undergone a
heating process approved under AS 5008:2001 to liberate fat.
swill means anything containing material of placental mammal
origin (other than milk or milk by-products, properly rendered meal, or
tallow).
35 Selling,
disposing of or abandoning infected animals
(1) This section applies to a person who is the owner of, or is in charge
of, an infected animal.
(2) The person commits an offence if the person does any of the
following:
(a) sells the animal;
(b) moves the animal from premises to other premises;
(c) intentionally abandons the animal, or allows the animal to stray;
(d) hides the animal;
(e) if the animal is dead—does either of the following:
(i) leaves the carcass (or any part of it) on or near a road, creek or
waterhole;
(ii) destroys or otherwise disposes of the carcass (or any part of it)
otherwise than in accordance with the director’s instructions.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) This section does not apply if the person acts with the written
approval of the director.
36 Interference
with structures securing infected animals
(1) A person commits an offence if—
(a) the person damages, interferes with or removes a fence or other
structure securing an animal; and
(b) the person is reckless about whether the animal is an infected
animal.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) This section does not apply if the person acts with the written
approval of the director.
37 Meaning
of stock for pt 4
In this part:
stock means any horse, cattle, sheep, alpaca, swine, goat or
other animal declared by regulation to be stock for this definition.
(1) The Minister may, in writing, declare stock to be tagable stock for
this Act.
(2) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
39 Register
of tag numbers
The chief executive must keep a register of tag numbers.
40 Correction
of register
The chief executive may correct a mistake, error or omission in the
register.
41 Applications
for tag numbers
(1) A person who owns tagable stock may apply to the director for a tag
number for the stock.
Note 1 If a form is approved under s 89 for an application, the form
must be used.
Note 2 A fee may be determined under s 88 for this
provision.
(2) If tagable stock is owned by 2 or more people, application for a tag
number may be made jointly or by any of them.
(1) If satisfied that an applicant under section 41 (1) is the owner
of tagable stock to which the application relates, the chief executive
must—
(a) issue the applicant a tag number for the stock; and
(b) enter the following particulars in the register:
(i) the number issued under paragraph (a);
(ii) the name of the owner of the stock;
(iii) the name of the person in charge (if any) of the stock;
(iv) the telephone and fax numbers (if any) of the owner and person in
charge;
(v) the postal and residential addresses of the owner and the person in
charge;
(vi) the location of the property where the stock is kept.
(2) The chief executive may enter any other information the chief
executive considers relevant to contact the owner or person in charge of the
stock.
43 Approved
manufacturers
(1) The chief executive may, in writing, declare a person to be an
approved manufacturer of tags for this Act.
(2) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
The chief executive may approve a tag to be issued by an approved
manufacturer.
45 Unauthorised
manufacture and issue of tags
(1) A person commits an offence if—
(a) the person makes a tag; and
(b) the person is not an approved manufacturer.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An approved manufacturer commits an offence if—
(a) the manufacturer issues a tag; and
(b) the chief executive has not approved the issuing of the tag.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(1) A person commits an offence if the person alters an approved tag in a
way that contravenes a regulation that declares that this section applies to
it.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
47 Travelling
tagable stock
(1) A person commits an offence if—
(a) the person travels tagable stock to or from a place of sale;
and
(b) the stock is not tagged with an approved tag for the owner of the
stock.
Maximum penalty: 10 penalty units.
(2) However, if the stock is being travelled within 28 days after the day
of sale, the approved tag may be a tag bearing the number issued to the previous
owner of the stock.
(3) An offence against this section is a strict liability
offence.
(4) In this section:
approved tag includes a tag issued under a corresponding law.
corresponding law means—
(a) a law of a State regulating stock; or
(b) a law prescribed by regulation as a corresponding law for this
definition.
48 Tags
to remain with carcasses
A person in charge of an abattoir commits an offence if the person fails to
take reasonable steps to ensure that the approved tag of an animal slaughtered
at the abattoir is kept with the carcass until after the final inspection of the
carcass under the regulations.
Maximum penalty: 100 penalty units.
49 Records
of untagged stock
(1) A person in charge of an abattoir must keep a record of tagable stock
delivered to the abattoir for slaughter that is not tagged with an approved
tag.
Maximum penalty: 50 penalty units.
Note If a form is approved under s 89 for this provision, the form
must be used.
(2) An offence against this section is a strict liability
offence.
50 Cancellation
of tag numbers
(1) This section applies if the chief executive believes, on reasonable
grounds, that a tag number is not needed for compliance with this Act.
(2) The chief executive may cancel the tag number, if the chief
executive—
(a) gives the person who was issued the number a reasonable opportunity to
give reasons why it should not be cancelled; and
(b) takes into account any reasons given by the person.
(3) If the chief executive cancels a tag number, the chief executive
must—
(a) note the cancellation in the register; and
(b) revoke any authority given to a manufacturer for the number;
and
(c) tell the person who was issued the number about its
cancellation.
51 Destruction
of tag after cancellation
(1) A person who is issued a tag number commits an offence
if—
(a) the tag number is cancelled under section 50; and
(b) the person fails to destroy each tag with the number as soon as
practicable after being told about the cancellation.
Maximum penalty: 50 penalty units
(2) An offence against this section is a strict liability
offence.
52 Evidentiary
certificates
In a proceeding for an offence against section 47 (1) (Travelling tagable
stock), a certificate signed by the chief executive stating that, at a time or
during a period, a person had or had not been allocated a tag number or a stated
tag number, is evidence of the matters stated.
Part
5 Restricted feed
material—ruminants
In this part:
analyst means an analyst under section 54.
bag includes a container or package.
bulk, for feed or meal, means sold or supplied other than in
a bag.
compounded feed means feed that includes material of animal
origin.
feed tag means a tag or label, with dimensions of at least
45mm by 120mm, that is designed to be attached to a bag.
meal means meat meal, bone meal, meat and bone meal, or any
other meal of animal origin.
non-restricted feed material statement—see section
55.
restricted feed material means—
(a) fishmeal; or
(b) meal derived from poultry tissue; or
(c) mammalian tissue or meal of mammalian origin other
than—
(i) tallow; and
(ii) gelatine; and
(iii) milk, milk products or milk protein.
restricted feed material statement—see section
55.
The following people are analysts for this part:
(a) the government analyst under the Drugs of Dependence
Act 1989, section 183A (2);
(b) anyone else appointed by the director.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
In this part:
non-restricted feed material statement means the following
statement:
‘This product does not contain restricted feed
material’.
restricted feed material statement means any of the following
statements:
(a) ‘This product contains restricted feed material—DO NOT
FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS’;
(b) ‘This product contains restricted feed material—DO NOT
FEED TO RUMINANTS’;
(c) ‘DO NOT FEED TO RUMINANTS’;
(d) ‘For non-ruminant use only’.
56 Offence—manufacture
of ruminant food
A person commits an offence if the person—
(a) manufactures compounded feed or meal that includes restricted feed
material; and
(b) fails to take reasonable steps to prevent the inclusion of restricted
feed material in the feed or meal; and
(c) is reckless about whether the feed or meal is for ruminant
use.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
57 Offences—sale
or supply of bulk or bagged compounded feed and meal
(1) A person commits an offence if—
(a) the person sells or supplies bulk feed or meal that contains
restricted feed material; and
(b) the invoice or other document about the sale or supply of the feed or
meal does not contain a restricted feed material statement that complies with
subsection (5).
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) A person commits an offence if—
(a) the person sells or supplies bulk feed or meal that does not contain
restricted feed material; and
(b) the invoice or other document about the sale or supply of the feed or
meal does not contain a non-restricted feed material statement that complies
with subsection (5).
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(3) A person commits an offence if—
(a) the person sells or supplies a bag of compounded feed or meal that
contains restricted feed material; and
(b) the bag does not have a statement on the bag, or a feed tag attached
to the bag, that contains a restricted feed material statement complying with
subsection (5).
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(4) A person commits an offence if—
(a) the person sells or supplies in a bag compounded feed or meal that
does not contain restricted feed material; and
(b) the bag does not have a statement on the bag, or a feed tag attached
to the bag, that contains a non-restricted feed material statement that complies
with subsection (5).
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(5) For this section, a statement must be—
(a) prominently displayed; and
(b) in letters at least 3mm high; and
(c) in dark print on a light background.
(6) This section does not apply to—
(a) material sold or supplied as pet food;
(b) food sold or supplied for feeding to non-ruminant laboratory
animals.
(7) For this section:
pet food includes food for aquarium fish and caged birds
other than poultry.
58 Offence—obscuring
of statements
A person commits an offence if—
(a) the person alters, defaces, damages or otherwise interferes with an
invoice or other document relating to compounded feed or meal; and
(b) the interference alters, obscures or removes a restricted feed
material statement or a non-restricted feed material statement contained in the
invoice or other document.
Maximum penalty: 50 penalty units.
59 Offence—removal
etc of feed tags
(1) A person commits an offence if the person removes or alters a
restricted feed material statement or a non-restricted feed material statement
on a bag, or on a feed tag attached to a bag, that contains compounded feed or
meal.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if—
(a) the person alters, defaces, damages or otherwise interferes with a
bag, or a feed tag attached to a bag, that contains compounded feed or meal;
and
(b) the interference alters, obscures or removes a restricted feed
material statement or non-restricted feed material statement on the bag or feed
tag.
Maximum penalty: 50 penalty units.
60 Offences—feeding
restricted feed material to ruminants
(1) A person commits an offence if—
(a) the person feeds restricted feed material to a ruminant; and
(b) is reckless about whether the material contains restricted feed
material.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) A person commits an offence if—
(a) the person feeds bulk compounded feed or bulk meal to a ruminant;
and
(b) the invoice or other document about the sale or supply of the feed or
meal contains a restricted feed material statement.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(3) A person commits an offence if—
(a) the person feeds bagged compounded feed or bagged meal to a ruminant;
and
(b) a statement on the bag, or a feed tag attached to the bag, contains a
restricted feed material statement.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(4) This section does not apply to a person who feeds restricted feed
material to a ruminant under an approval under subsection (5).
(5) The director may, in writing, approve the feeding of restricted feed
material to a ruminant for research purposes if the director is satisfied that
the research is in the public interest.
61 Procedure
if samples taken for pt 5
If an authorised person takes a sample for part 5 (Restricted feed
material—ruminants), the authorised person must—
(a) divide the sample into 3 parts; and
(b) place each part in a separate container and seal the containers;
and
(c) attach to each container a label that is signed by the authorised
person and states particulars of the date and time when, and the place where,
the sample was taken by the authorised person; and
(d) give 1 of the 3 containers to each of the following:
(i) the occupier of the premises;
(ii) an analyst;
(iii) the director.
62 Evidence
of analysis for pt 5
(1) An analyst may certify the following about a sample taken for this
part:
(a) that the analyst analysed the sample from a sealed container to which
was attached a label purporting to be signed by the authorised person named in
the certificate and stating particulars of when, and the place where, the sample
was taken by the authorised person;
(b) the analysis to which the sample was subjected;
(c) the results of the analysis.
(2) In a prosecution for an offence against this part, a certificate under
subsection (1) is evidence of the matters stated in it and of the facts on which
they are based.
In this part:
connected—a thing is connected with an
offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence;
or
(c) it was used, is being used, or is intended to be used, to commit the
offence.
disease means an exotic disease or an endemic
disease.
occupier, of premises, includes—
(a) a person believed, on reasonable grounds, to be an occupier of the
premises; and
(b) a person apparently in charge of the premises.
offence includes an offence that there are reasonable grounds
for believing has been, is being, or will be, committed.
Division
6.2 Authorised
people
64 Appointment
of authorised people
(1) The chief executive may appoint a public servant to be an authorised
person for this Act.
(2) The director is an authorised person for this Act.
Note 1 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(1) The chief executive must give an authorised person an identity card
stating the person’s name and that the person is an authorised
person.
(2) The identity card must show—
(a) a recent photograph of the person; and
(b) the card’s date of issue and expiry; and
(c) anything else prescribed by regulation.
(3) A person commits an offence if—
(a) the person stops being an authorised person; and
(b) the person does not return the person’s identity card to the
chief executive as soon as practicable, but no later than 7 days after the
day the person stops being an authorised person.
Maximum penalty: 1 penalty unit.
(4) An offence against this section is a strict liability
offence.
Division
6.3 Powers of authorised
people
66 Power
to enter premises
(1) For this Act, an authorised person may—
(a) at any reasonable time, enter premises if the authorised person
suspects, on reasonable grounds—
(i) that an animal, animal product or thing at the premises is, or the
premises are, infected with a disease; or
(ii) that entry to the premises is necessary to prevent or control the
spread of disease; or
(b) at any reasonable time, enter premises that the public is entitled to
use or that are open to the public (whether or not on payment of money);
or
(c) at any time, enter premises with the occupier’s consent;
or
(d) enter premises in accordance with a search warrant; or
(e) at any time, enter premises if the authorised person believes, on
reasonable grounds, that the circumstances are so serious and urgent that
immediate entry to the premises without the authority of a search warrant is
necessary.
(2) However, subsection (1) (a) or (b) does not authorise entry into a
part of premises that is being used only for residential purposes.
(3) An authorised person may, without the consent of the occupier of
premises, enter land around the premises to ask for consent to enter the
premises.
(4) For subsection (1), an authorised person may stop and detain a vehicle
if the authorised person believes, on reasonable grounds, that it is necessary
to stop and detain the vehicle—
(a) to find out whether an animal, animal product or other thing in or on
the vehicle is, or the vehicle is, infected with a disease; or
(b) to prevent or control the spread of disease.
(5) For subsection (4), the authorised person—
(a) may direct the driver of the vehicle to move the vehicle to a place
(or another place) to which the public has access; and
(b) may exercise the authorised person’s powers in relation to the
vehicle at the place; and
(c) must not detain the vehicle for longer than is reasonably necessary to
exercise the authorised person’s powers under this part.
(6) To remove any doubt, an authorised person may enter premises under
subsection (1) without payment of an entry fee or other charge.
(7) For subsection (1) (e), the authorised person may enter the
premises with any necessary and reasonable assistance and force.
(8) In this section:
at any reasonable time includes at any time—
(a) for subsection (1) (a)—during normal business hours;
or
(b) for subsection (1) (b)—when the public is entitled to use the
premises, or when the premises are open to or used by the public (whether or not
on payment of money).
67 Production
of identity card
An authorised person must not remain at premises entered under this part if
the authorised person does not produce his or her identity card when asked by
the occupier.
(1) When seeking the consent of an occupier of premises to enter premises
under section 66 (1) (c), an authorised person must—
(a) produce his or her identity card; and
(b) tell the occupier—
(i) the purpose of the entry; and
(ii) that anything found and seized under this part may be used in
evidence in court; and
(iii) that consent may be refused.
(2) If the occupier consents, the authorised person must ask the occupier
to sign a written acknowledgment (an acknowledgment of
consent)—
(a) that the occupier was told—
(i) the purpose of the entry; and
(ii) that anything found and seized under this part may be used in
evidence in court; and
(iii) that consent may be refused; and
(b) that the occupier consented to the entry; and
(c) stating the time and date when consent was given.
(3) If the occupier signs an acknowledgment of consent, the authorised
person must immediately give a copy to the occupier.
(4) A court must find that the occupier did not consent to entry to the
premises by the authorised person under this part if—
(a) the question arises in a proceeding in the court whether the occupier
consented to the entry; and
(b) an acknowledgment of consent for the entry is not produced in
evidence; and
(c) it is not proved that the occupier consented to the entry.
69 General
powers on entry to premises
(1) An authorised person who enters premises under this part may, for this
Act, do 1 or more of the following in relation to the premises or anything at
the premises:
(a) inspect or examine;
(b) take measurements or conduct tests;
(c) take samples;
(d) take photographs, films, or audio, video or other
recordings;
(e) take copies of, or an extract from, any document relating
to—
(i) an infected animal; or
(ii) an animal that is kept or has been kept within an exotic disease
quarantine area or an endemic disease quarantine area; or
(iii) tagable stock;
(f) if the authorised person has reasonable grounds for suspecting that an
animal, animal product or other thing may be infected with a
disease—
(i) seize the animal, animal product or other thing or direct that it be
detained on the premises; or
(ii) take a sample from the animal, animal product or other thing;
or
(iii) use a test approved by the director to find out whether the animal,
animal product or other thing is infected with the disease;
(g) require the occupier, or anyone at the premises, to give the
authorised person reasonable help to exercise a power under this part.
Note The Legislation Act, s 170 and s 171 deal with the application
of the privilege against selfincrimination and client legal privilege.
(2) A person must take all reasonable steps to comply with a requirement
made of the person under subsection (1) (g).
Maximum penalty: 50 penalty units.
70 Power
to require name and address
(1) An authorised person may require a person to state the person’s
name and home address if the authorised person believes, on reasonable grounds,
that the person is committing or has just committed an offence against this
Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(2) The authorised person must tell the person the reason for the
requirement and, as soon as practicable, record the reason.
(3) The person may ask the authorised person to produce his or her
identity card for inspection by the person.
(4) A person must comply with a requirement made of the person under
subsection (1) if the authorised person—
(a) tells the person the reason for the requirement; and
(b) complies with any request made by the person under subsection
(3).
Maximum penalty: 10 penalty units.
(5) An offence against this section is a strict liability
offence.
(6) In this section:
home address, of a person, means the address of the place
where the person usually lives.
(1) An authorised person who enters premises under this part with the
occupier’s consent may seize anything at the premises if—
(a) the authorised person is satisfied, on reasonable grounds, that the
thing is connected with an offence against this Act; and
(b) seizure of the thing is consistent with the purpose of the entry told
to the occupier when seeking the occupier’s consent.
(2) An authorised person who enters premises under a warrant under this
part may seize anything at the premises that the authorised person is authorised
to seize under the warrant.
(3) An authorised person who enters premises under this part (whether with
the occupier’s consent, under a warrant or otherwise) may seize anything
at the premises if satisfied, on reasonable grounds, that—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing from
being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) Having seized a thing, an authorised person may—
(a) remove the thing from the premises where it was seized (the
place of seizure) to another place; or
(b) leave the thing at the place of seizure but restrict access to
it.
(5) A person commits an offence if—
(a) the person interferes with a seized thing, or anything containing a
seized thing, to which access has been restricted under subsection (4);
and
(b) the person does not have an authorised person’s approval to
interfere with the thing.
Maximum penalty: 50 penalty units.
(6) An offence against this section is a strict liability
offence.
72 Additional
powers for travelling stock
(1) If an authorised person believes, on reasonable grounds, that the
owner of travelling stock is contravening this Act, the authorised person may
hold the travelling stock until the Act is complied with.
(2) If an authorised person believes, on reasonable grounds, that it is
necessary to find out whether an animal is infected with a disease, or to
control the spread of disease, the authorised person may—
(a) detain travelling stock for examination; or
(b) direct the owner of the stock, in writing—
(i) to travel the stock to stated premises; or
(ii) to hold the stock at stated premises and to comply with any
conditions stated in the direction.
(3) A person must take all reasonable steps to comply with a direction
given to the person under subsection (2) (b).
Maximum penalty: 50 penalty units.
(4) An offence against this section is a strict liability
offence.
(5) In this section:
owner, of travelling stock, includes a person in charge of
the stock.
73 Additional
powers for honeybees
(1) If an authorised person believes on reasonable grounds that a person
keeping honeybees is engaging in conduct in contravention of a regulation, the
authorised person may direct the person, in writing, to comply with the
regulation.
(2) A direction under subsection (1) must state a reasonable period for
compliance.
(3) If the conduct engaged in makes up the physical elements of an
offence, the giving of a direction under subsection (1) does not prevent the
bringing of proceedings for the offence.
Division
6.4 Search
warrants
(1) An authorised person may apply to a magistrate for a warrant to enter
premises.
(2) The application must be sworn and state the grounds on which the
warrant is sought.
(3) The magistrate may refuse to consider the application until the
authorised person gives the magistrate all the information the magistrate
requires about the application in the way the magistrate requires.
(4) The magistrate may issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a particular thing or activity connected with an offence
against this Act; and
(b) the thing or activity—
(i) is, or is being engaged in, at the premises; or
(ii) may be, or may be engaged in, at the premises within the next 14
days.
(5) The warrant must state—
(a) that an authorised person may, with any necessary assistance and
force, enter the premises and exercise the authorised person’s powers
under this part; and
(b) the offence for which the warrant is sought; and
(c) the thing that may be seized under the warrant; and
(d) the hours when the premises may be entered; and
(e) the date, within 14 days after the day of the warrant’s issue,
the warrant ends.
75 Warrants—application
made other than in person
(1) An authorised person may apply for a warrant by phone, fax, radio or
other form of communication if the authorised person considers it necessary
because of—
(a) urgent circumstances; or
(b) other special circumstances.
(2) Before applying for the warrant, the authorised person must prepare an
application stating the grounds on which the warrant is sought.
(3) The authorised person may apply for the warrant before the application
is sworn.
(4) After issuing the warrant, the magistrate must immediately fax a copy
to the authorised person if it is practicable to do so.
(5) If it is not practicable to fax a copy to the authorised
person—
(a) the magistrate must—
(i) tell the authorised person the terms of the warrant; and
(ii) tell the authorised person the date and time the warrant was issued;
and
(b) the authorised person must complete a form of warrant (the
warrant form) and write on it—
(i) the magistrate’s name; and
(ii) the date and time the magistrate issued the warrant; and
(iii) the warrant’s terms.
(6) The faxed copy of the warrant, or the warrant form properly completed
by the authorised person, authorises the entry and the exercise of the
authorised person’s powers under this part.
(7) The authorised person must, at the first reasonable opportunity, send
to the magistrate—
(a) the sworn application; and
(b) if the authorised person completed a warrant form—the completed
warrant form.
(8) On receiving the documents, the magistrate must attach them to the
warrant.
(9) A court must find that a power exercised by the authorised person was
not authorised by a warrant under this section if—
(a) the question arises in a proceeding in the court whether the exercise
of power was authorised by a warrant; and
(b) the warrant is not produced in evidence; and
(c) it is not proved that the exercise of power was authorised by a
warrant under this section.
76 Search
warrants—announcement before entry
(1) An authorised person must, before anyone enters premises under a
search warrant—
(a) announce that the authorised person is authorised to enter the
premises; and
(b) give anyone at the premises an opportunity to allow entry to the
premises; and
(c) if the occupier of the premises, or someone else who apparently
represents the occupier, is present at the premises—identify himself or
herself to the person.
(2) The authorised person is not required to comply with
subsection (1) if the authorised person believes, on reasonable grounds,
that immediate entry to the premises is required to ensure—
(a) the safety of anyone (including the authorised person or a person
assisting); or
(b) that the effective execution of the warrant is not
frustrated.
77 Details
of search warrant to be given to occupier etc
If the occupier of premises, or someone else who apparently represents the
occupier, is present at the premises while a search warrant is being executed,
the authorised person or a person assisting must make available to the
person—
(a) a copy of the warrant; and
(b) a document setting out the rights and obligations of the
person.
78 Occupier
entitled to be present during search etc
(1) If the occupier of premises, or someone else who apparently represents
the occupier, is present at the premises while a search warrant is being
executed, the person is entitled to observe the search being
conducted.
(2) However, the person is not entitled to observe the search
if—
(a) to do so would impede the search; or
(b) the person is under arrest, and allowing the person to observe the
search being conducted would interfere with the objectives of the
search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
Division
6.5 Return and forfeiture of things
seized
79 Receipt
for things seized
(1) As soon as practicable after an authorised person seizes a thing under
this part, the authorised person must give a receipt for it to the person from
whom it was seized.
(2) If, for any reason, it is not practicable to comply with
subsection (1), the authorised person must leave the receipt, secured
conspicuously, at the place of seizure under section 71 (Power to seize
things).
(3) A receipt under this section must include the following:
(a) a description of the thing seized;
(b) an explanation of why the thing was seized;
(c) the authorised person’s name, and how to contact the authorised
person;
(d) if the thing is moved from the place of seizure—where the thing
is to be taken.
80 Access
to things seized
A person who would, apart from the seizure, be entitled to inspect a thing
seized under this part may—
(a) inspect it; and
(b) if it is a document—take extracts from it or make copies of
it.
81 Moving
things to another place for examination or processing under search
warrant
(1) A thing found at premises entered under a search warrant may be moved
to another place for examination or processing to decide whether it may be
seized under the warrant if—
(a) both of the following apply:
(i) there are reasonable grounds for believing that the thing is or
contains something to which the warrant relates;
(ii) it is significantly more practicable to do so having regard to the
timeliness and cost of examining or processing the thing at another place and
the availability of expert assistance; or
(b) the occupier of the premises agrees in writing.
(2) The thing may be moved to another place for examination or processing
for no longer than 72 hours.
(3) An authorised person may apply to a magistrate for an extension of
time if the authorised person believes, on reasonable grounds, that the thing
cannot be examined or processed within 72 hours.
(4) The authorised person must give notice of the application to the
occupier of the premises, and the occupier is entitled to be heard on the
application.
(5) If a thing is moved to another place under this section, the
authorised person must, if practicable—
(a) tell the occupier of the premises the address of the place where, and
time when, the examination or processing will be carried out; and
(b) allow the occupier or the occupier’s representative to be
present during the examination or processing.
(6) The provisions of this part relating to the issue of search warrants
apply, with any necessary changes, to the giving of an extension under this
section.
82 Return
of things seized
(1) A thing seized under this part must be returned to its owner, or
reasonable compensation must be paid by the Territory to the owner for the loss
of the thing, if—
(a) an infringement notice for an offence relating to the thing is not
served on the owner within 90 days after the day of the seizure
and—
(i) a prosecution for an offence relating to the thing is not begun within
the 90-day period; or
(ii) a prosecution for an offence relating to the thing is begun within
the 90-day period but the court does not find the offence proved; or
(b) an infringement notice for an offence relating to the thing is served
on the owner within 90 days after the day of the seizure, the infringement
notice is withdrawn and—
(i) a prosecution for an offence relating to the thing is not begun within
the 90-day period; or
(ii) a prosecution for an offence relating to the thing is begun within
the 90-day period but the court does not find the offence proved; or
(c) an infringement notice for an offence relating to the thing is served
on the owner and not withdrawn within 90 days after the day of the seizure,
liability for the offence is disputed in accordance with the Magistrates
Court Act 1930, section 132 (Disputing liability for infringement
notice offence) and—
(i) an information is not laid in the Magistrates Court against the person
for the offence within 60 days after the day notice is given under section 132
that liability is disputed; or
(ii) an information is laid in the Magistrates Court against the person
for the offence within the 60-day period, but the Magistrates Court does not
find the offence proved.
(2) If anything seized under this part is not required to be returned or
reasonable compensation is not required to be paid under subsection (1),
the thing—
(a) is forfeited to the Territory; and
(b) may be sold, destroyed or otherwise disposed of as the chief executive
directs.
Division
6.6 Miscellaneous
83 Damage
etc to be minimised
(1) In the exercise, or purported exercise, of a function under this part,
an authorised person must take all reasonable steps to ensure that the
authorised person, and a person assisting, causes as little inconvenience,
detriment and damage as practicable.
(2) If an authorised person, or a person assisting, damages anything in
the exercise or purported exercise of a function under this part, the authorised
person must give written notice of the particulars of the damage to the person
the authorised person believes, on reasonable grounds, is the owner of the
thing.
(3) If the damage happens at premises entered under this part in the
absence of the occupier, the notice may be given by leaving it, secured
conspicuously, at the premises.
84 Compensation
for exercise of enforcement powers
(1) A person may claim compensation from the Territory if the person
suffers loss or expense because of the exercise, or purported exercise, of a
function under this part by an authorised person or a person assisting an
authorised person.
(2) Compensation may be claimed and ordered in a proceeding
for—
(a) compensation brought in a court of competent jurisdiction;
or
(b) an offence against this Act brought against the person making the
claim for compensation.
(3) A court may order the payment of reasonable compensation for the loss
or expense only if it is satisfied it is just to make the order in the
circumstances of the particular case.
(4) A regulation may prescribe matters that may, must or must not be taken
into account by the court in considering whether it is just to make the
order.
Part
7 Review of
decisions
For this part, a decision mentioned in table 85 is a reviewable
decision.
Table 85 Table of reviewable
decisions
column 1
item
|
column 2
decision
|
1
|
refusing to issue a certificate under section 11 (Certificate of freedom
from disease)
|
2
|
giving a direction under section 18 (Directions to control spread of
endemic disease)
|
3
|
refusing to give an approval under section 23 (3) (Public notices for
quarantine areas)
|
4
|
refusing to give an approval under section 24 (2) (Offence—movement
of animals)
|
5
|
refusing to give an approval under section 32 (2) (Spreading disease)
|
6
|
refusing to give an approval under section 33 (2) (Use of vaccines etc)
|
7
|
refusing to give an approval under section 35 (3) (Selling, disposing of or
abandoning infected animals)
|
8
|
refusing to give an approval under section 36 (2) (Interference with
structures securing infected animals)
|
9
|
refusing to issue a tag number under section 42
|
10
|
cancelling a tag number under section 50
|
11
|
refusing to give approval under section 60 (5) (Offences—feeding
restricted feed material to ruminants)
|
(1) Application may be made to the AAT for review of a reviewable
decision.
(2) A person who makes a reviewable decision must give a written notice of
the decision to each person affected by the decision.
(3) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal
Act 1989, section 25B (1).
87 Noncompliance
with directions and cost recovery
(1) If a person contravenes a direction given by the director or
authorised person under this Act, the director or authorised person may arrange
for action to be taken to give effect to the direction.
(2) The reasonable costs incurred by the director or authorised person
under subsection (1), are a debt payable to the Territory by the person to whom
the direction was given.
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The Minister may, in writing, approve forms for this Act.
(2) If the Minister approves a form for a particular purpose, the approved
form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
90 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) A regulation may make provision in relation to the
following:
(a) prohibiting entry into the ACT of infected animals;
(b) prohibiting movement of animals for a period of not longer than
72 hours;
(c) the conditions under which animals may be brought into the ACT;
(d) inspecting animals brought into the ACT;
(e) preventing the introduction of, or the spread of, exotic diseases or
endemic diseases;
(f) using semen in the artificial insemination of stock;
(g) detaining, treating, inoculating or isolating animals in a quarantine
area;
(h) moving animals within, into, or out of, a quarantine area;
(i) seizing and destroying infected animals;
(j) treating or decontaminating any premise or thing that may spread an
exotic or endemic disease;
(k) branding infected animals;
(l) closing of any road in or adjacent to a quarantine area or erecting of
fences or gates across any road to regulate or prevent the movement of animals;
(m) the methods of diagnosing and discovering exotic and endemic diseases;
(n) the requirements for stock tags;
(o) declarations to be given by sellers of animals about the health of the
animals or chemicals or biological products used for them; or
(p) schemes of identification of stock (whether on a compulsory or
voluntary basis).
(3) A regulation may create offences and fix maximum penalties of not more
than 10 penalty units for the offences.
In this part:
commencement day means the day this Act commences.
repealed Act means the Animals Diseases Act
1993.
A tag number allocated to a person under the repealed Act, section 33
that has not been cancelled before the commencement day is taken to be a tag
number issued to the person under section 42.
93 Transitional
regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this part to make provision in relation to
anything that, in the Executive’s opinion, is not, or is not adequately or
appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act.
This part expires 2 years after the day it commences.
This Act repeals the following legislation and instruments:
• Animal Diseases Act 1993 A1993-61
• Animal Diseases (Bees) Regulation 2000 SL2000-3
• Animal Diseases Declaration of Endemic Stock Diseases Quarantine
Area 2002 (No 2) DI2002-46
• Animal Diseases (Fees) Determination 2004
DI2004-108
• Declaration of Approved Tag Manufacturers
NI2001-15
• Declaration of Endemic Diseases DI 2002-0
• Declaration of Endemic Stock Diseases Quarantine Area
DI2002-16
• Declaration of Exotic Diseases DI2002-8
• Declaration of Stock DI2001-295
• Declaration made under the Stock Diseases Act 1933 notified on 5
February 1992 DI1992-3
• Declaration made under the Stock Diseases Act 1933 notified on 5
February 1992 DI1992-4.
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• contravene
• document
• exercise
• function
• veterinary surgeon.
abattoir means premises used for the slaughter of
stock.
analyst, for part 5 (Restricted feed
material—ruminants)—see section 54.
animal includes—
(a) a vertebrate and an invertebrate; and
(b) an egg, embryo, ovum or sperm, or other product, of an animal from
which another animal could be produced; and
(c) a dead animal;
but does not include a human being.
animal product includes—
(a) a part of an animal or a secretion or thing that has at any time been
part of an animal; and
(b) a product or thing made or derived from an animal or a part of an
animal.
approved tag means a tag approved under a
regulation.
at premises includes in or on the premises.
authorised person means an authorised person under section
64.
bag, for part 5 (Restricted feed
material—ruminants)—see section 53.
bulk, for feed or meal, for part 5 (Restricted feed
material—ruminants)—see section 53.
compensable disease means an endemic disease declared to be a
compensable disease under section 16.
compounded feed, for part 5 (Restricted feed
material—ruminants)—see section 53.
connected, for part 6 (Enforcement)—see section
63.
director means the Director of Veterinary Hygiene.
disease, for part 6 (Enforcement)—see section
63.
endemic disease means a disease declared under section 16 to
be an endemic disease.
endemic disease quarantine area means an area declared under
section 20 to be an endemic disease quarantine area.
exotic disease means a disease declared under section 12 to
be an exotic disease.
exotic disease quarantine area means an area declared under
section 19 to be an exotic disease quarantine area.
feed tag, for part 5 (Restricted feed
material—ruminants)—see section 53.
holding means any parcel or parcels of land worked as a
single property, whether held under the same or different titles.
infected—see section 9.
market value, for compensation for an animal, premises or
other thing, means the value that the animal, premises or other thing would have
had if, at the time when the assessment for compensation is
made—
(a) it had not been infected with a disease; and
(b) it had been offered for sale on the open market.
meal, for part 5 (Restricted feed
material—ruminants)—see section 53.
non-restricted feed material statement, for part 5
(Restricted feed material—ruminants)—see section 55.
occupier, of premises, for part 6 (Enforcement)—see
section 63.
offence, for part 6 (Enforcement)—see section
63.
premises includes land or a structure or vehicle and any part
of an area of land or a structure or vehicle.
quarantine area means an exotic disease quarantine area or an
endemic disease quarantine area.
register means the register kept under section 39.
required media means—
(a) a daily newspaper circulating generally in the ACT; and
(b) all national or commercial broadcasting services within the meaning of
the Broadcasting Services Act 1992 (Cwlth) broadcasting in the
ACT.
restricted feed material, for part 5 (Restricted feed
material—ruminants)—see section 53.
restricted feed material statement, for part 5 (Restricted
feed material—ruminants)—see section 55.
road means any road, street, lane, thoroughfare or footpath
open to, or used by, the public.
stock, for part 4 (Stock tags)—see section
37.
tag means—
(a) a tag, label or mark designed to be attached to an animal;
or
(b) an electronic device designed to be placed on an animal to identify
the animal.
tagable stock means an animal declared under section 38 to be
tagable stock.
tag number means a tag number issued under section
42.
travelling stock means stock that is being travelled other
than on the holding where the stock is ordinarily kept.
vehicle—
(a) see the Road Transport (General) Act 1999, dictionary;
and
(b) includes a boat or aircraft.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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