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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Livestock (Miscellaneous) Amendment
Bill 2012
A BILL FOR
An Act to amend the Livestock
Act 1997.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Livestock
Act 1997
4Amendment of
section 3—Interpretation—general
5Amendment of
section 4—Interpretation—notifiable condition and exotic
disease
6Amendment of
section 5—Interpretation—livestock etc affected or suspected of
being affected with a disease or contaminant
7Insertion of
section 6A
6ACategories
of offences determining maximum penalties and expiation fees
8Amendment of section 9—Functions of
livestock advisory groups
9Amendment of section 10—Terms
and conditions of membership and procedures
10Amendment of
section 17—Requirement for registration to keep certain
livestock
11Amendment of section 19—Requirement
for registration to perform artificial breeding procedure
12Amendment of section 23—Term of
registration and renewal
13Insertion of Part 3A
Part 3A—Identification
codes
26ARequirement for
identification codes
14Amendment of
section 30—Movement of livestock or livestock products affected with
notifiable condition
15Amendment of section 31—Supply of
livestock or livestock products affected with notifiable condition
16Insertion of
section 32A
32AExemptions for notifiable (report only)
diseases
17Amendment of heading to Part 4
Division 2
18Amendment of section 33—Prohibition
on entry or movement of livestock or other property absolutely or without
required health certificate etc
19Amendment of
section 37—Gazette notices
20Amendment of
section 38—Individual orders
21Amendment of section
39—Action on default
22Amendment of section 41—Action
where no person in charge and owner cannot be located
23Amendment of
section 43—Limitation on destruction or disposal of livestock or
other property
24Amendment of
section 47—Establishment of Fund
25Amendment of
section 48—Application of Fund
26Amendment of
section 49—Claims for compensation from Fund
27Amendment of section 68—General powers
of inspectors
28Amendment of section 72—Compliance
notices
29Insertion of Part 8
Division 4
Division 4—Public warning
statements
72APublic warning statements
for purposes of controlling or eradicating disease or
contamination
30Amendment of section
85—Service
31Amendment of
section 88—Regulations
Schedule 1—Transitional
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Livestock (Miscellaneous) Amendment
Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Livestock
Act 1997
4—Amendment
of section 3—Interpretation—general
(1) Section 3(1)—after the definition of brand
insert:
category 1, 2 or 3 offence—see
section 6A;
(2) Section 3(1), definition of notifiable condition,
notifiable contaminant or notifiable
disease—delete "or notifiable disease" and
substitute:
, notifiable disease or notifiable (report only)
disease
(3) Section 3(1), definition of veterinary diagnostic
laboratory—after "contaminant" insert:
, but does not include a place of business of a veterinary surgeon if the
only samples or specimens that are tested or analysed come from livestock being
treated (as well as diagnosed) by the veterinary surgeon in the ordinary course
of his or her practice
5—Amendment
of section 4—Interpretation—notifiable condition and exotic
disease
Section 4(2)—delete subsection (2) and
substitute:
(2) The Minister may, by the same or a subsequent notice in the Gazette,
designate a specified notifiable disease as—
(a) a notifiable (report only) disease; or
(b) an exotic disease.
6—Amendment
of section 5—Interpretation—livestock etc affected or suspected
of being affected with a disease or contaminant
Section 5—after subsection (5) insert:
(5a) There is also reason to suspect that livestock of a class susceptible
to a disease are affected with the disease if the conditions specified by the
Minister by notice in the Gazette have been met in relation to the
livestock.
After section 6 insert:
6A—Categories of offences determining maximum
penalties and expiation fees
(1) If the maximum penalty or the expiation fee for an offence or alleged
offence against a provision of this Act is expressed to vary according to
whether the offence is a category 1, 2 or 3 offence, the Governor may,
by regulation, prescribe the categories of offences for the purposes of the
provision.
(2) If a regulation prescribing the categories of offences against a
provision of this Act is not in force, any offence against the provision will be
taken to be category 1 offence.
8—Amendment
of section 9—Functions of livestock advisory
groups
(1) Section 9—after "to advise the Minister" insert:
, on its own initiative or at the request of the Minister
(2) Section 9(a)—delete "either on its own initiative or at the
request of the Minister,"
(3) Section 9(a)(i)—delete subparagraph (i)
(4) Section 9(b)—delete "at the request of the
Minister,"
9—Amendment
of section 10—Terms and conditions of membership and
procedures
Section 10(2)—delete "A" and substitute:
Subject to any directions of the Minister, a
10—Amendment
of section 17—Requirement for registration to keep certain
livestock
Section 17(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
In the case of a category 1 offence—$10 000;
In the case of a category 2 offence—$5 000;
In the case of a category 3 offence—$1 250.
Expiation fee:
In the case of an alleged category 1 offence—$500;
In the case of an alleged category 2 offence—$315;
In the case of an alleged category 3 offence—$160.
11—Amendment
of section 19—Requirement for registration to perform artificial
breeding procedure
(1) Section 19(1)—after the penalty provision insert:
Expiation fee: $500.
(2) Section 19(2)—delete subsection (2) and
substitute:
(2) Subsection (1) does not apply to—
(a) a veterinary surgeon; or
(b) a person who carries out an artificial breeding procedure on or in
connection with livestock owned by the person; or
(c) an artificial breeding procedure carried out on or in connection with
livestock by an employee of the owner of the livestock in the course of that
employment.
12—Amendment
of section 23—Term of registration and renewal
Section 23—after subsection (2) insert:
(3) The Chief Inspector may, if the Chief Inspector thinks fit and on
payment of a prescribed late application fee, renew a registration despite the
fact that application for renewal of the registration was made after the end of
the previous term of the registration.
(4) A registration has effect, on grant or renewal, from the date
specified in the registration for that purpose, which may be earlier than the
date of application for the grant or renewal of the registration.
(5) An application for renewal of registration must—
(a) be made to the Chief Inspector; and
(b) be in the form and contain or be accompanied by the information
required by the Chief Inspector; and
(c) be accompanied by the fee fixed by, or calculated in accordance with,
the regulations.
After Part 3 insert:
Part 3A—Identification
codes
26A—Requirement for identification
codes
(1) The regulations may
provide for a scheme for the allocation by the Chief Inspector of codes
identifying—
(a) places where livestock or livestock of a specified class may be kept
or handled; and
(b) stock agents.
(2) Without limiting the generality of
subsection (1), the
regulations may provide for—
(a) the determination at the discretion of the Chief Inspector of the
boundaries of a place allocated an identification code and the variation of
those boundaries; and
(b) the period for which an identification code remains active and the
renewal of an identification code; and
(c) the persons who may apply for the allocation or renewal of an
identification code or who may make other applications relating to an
identification code; and
(d) the cancellation of an identification code; and
(e) the association of other codes identifying livestock with an
identification code; and
(f) the keeping of a register of identification codes and other
information and the circumstances in which information on the register may or
may not be made available.
(3) If a person does not have a current identification code as required by
the regulations, the person is guilty of an offence.
Maximum penalty:
In the case of a category 1 offence—$10 000;
In the case of a category 2 offence—$5 000;
In the case of a category 3 offence—$1 250.
Expiation fee:
In the case of an alleged category 1 offence—$500;
In the case of an alleged category 2 offence—$315;
In the case of an alleged category 3 offence—$160.
14—Amendment
of section 30—Movement of livestock or livestock products affected
with notifiable condition
Section 30(3)—after the penalty provision insert:
Expiation fee: In a case not involving an exotic
disease—$500.
15—Amendment
of section 31—Supply of livestock or livestock products affected with
notifiable condition
Section 31—after the penalty provision insert:
Expiation fee: In a case not involving an exotic
disease—$500.
After section 32 insert:
32A—Exemptions for notifiable (report only)
diseases
Section 27(1)(c) and sections 28 to 32 (inclusive) do not
apply in relation to a notifiable (report only) disease.
17—Amendment
of heading to Part 4 Division 2
Heading to Part 4 Division 2—after "entry"
insert:
or movement
18—Amendment
of section 33—Prohibition on entry or movement of livestock or other
property absolutely or without required health certificate
etc
(1) Section 33(1)—after "entry into" insert:
, or movement within or out of,
(2) Section 33(1)(b)—delete "into the State or specified part
of the State"
(3) Section 33(3)(c)—after "brought into" insert:
, or moved within or out of,
(4) Section 33(4)—after "enters" insert:
, or moves within or out of,
(5) Section 33(5)—after "brought into" wherever occurring
insert in each case:
, or moved within or out of,
(6) Section 33(5)—after the penalty provision insert:
Expiation fee: Except if the notice is expressed to be issued for the
purposes of controlling or eradicating exotic disease—$500.
(7) Section 33—after subsection (5) insert:
(6) In this section, a reference to a specified part of the State includes
a reference to a specified place or a place of a specified class.
19—Amendment
of section 37—Gazette notices
(1) Section 37(4)—after the penalty provision insert:
Expiation fee: Except if the notice is expressed to be issued for the
purposes of controlling or eradicating a disease that is an exotic
disease—$500.
(2) Section 37—after subsection (5) insert:
(6) For the purposes of the administration or enforcement of this section,
a police officer has all the powers and functions of an inspector.
20—Amendment
of section 38—Individual orders
(1) Section 38(5), penalty provision—delete "In any other
case—$10 000" and substitute:
In the case of a category 1 offence—$10 000;
In the case of a category 2 offence—$5 000;
In the case of a category 3 offence—$1 250.
Expiation fee:
In the case of an alleged category 1 offence—$500;
In the case of an alleged category 2 offence—$315;
In the case of an alleged category 3 offence—$160.
(2) Section 38(6)—after the penalty provision insert:
Expiation fee: $315.
21—Amendment
of section 39—Action on default
Section 39(2)—delete "by an inspector"
22—Amendment
of section 41—Action where no person in charge and owner cannot be
located
Section 41(2)—delete "by an inspector"
23—Amendment
of section 43—Limitation on destruction or disposal of livestock or
other property
Section 43(1)(d)—delete "(such as halters or rugs)"
24—Amendment
of section 47—Establishment of Fund
Section 47(3)(b)—delete paragraph (b) and
substitute:
(b) money received under an intergovernmental, or intergovernmental and
livestock industry, agreement for sharing the costs of control or eradication of
exotic disease;
25—Amendment
of section 48—Application of Fund
(1) Section 48(a)—after "excluding" insert:
, subject to the terms of an intergovernmental, or intergovernmental and
livestock industry, agreement for sharing the costs of control or eradication of
exotic disease,
(2) Section 48(d)—delete paragraph (d) and
substitute:
(d) contributions under an intergovernmental, or intergovernmental and
livestock industry, agreement for sharing the costs of control or eradication of
exotic disease.
26—Amendment
of section 49—Claims for compensation from Fund
(1) Section 49(1)—after paragraph (b) insert:
or
(c) the owner of livestock certified by an inspector as having been
destroyed during a declared period on animal welfare grounds as a result of a
prohibition against movement of the livestock in force for the purposes of
controlling or eradicating a declared exotic disease.
(2) Section 49(2)—delete "The" and substitute:
Subject to this section, the
(3) Section 49—after subsection (4) insert:
(4a) The amount of compensation is to be reduced by the amount of the net
proceeds of any sale of livestock carcasses or other property.
27—Amendment
of section 68—General powers of inspectors
Section 68(8)—delete "by an inspector"
28—Amendment
of section 72—Compliance notices
Section 72(8)—delete "by an inspector"
29—Insertion
of Part 8 Division 4
After Part 8 Division 3 insert:
Division 4—Public warning
statements
72A—Public warning statements for purposes of
controlling or eradicating disease or contamination
(1) If, in the
opinion of the Chief Inspector, it is in the public interest to do so, the Chief
Inspector may make a public statement or erect signs at a livestock saleyard or
other public place identifying and giving warnings or information about any of
the following:
(a) livestock, livestock products or other property that, in the opinion
of the Chief Inspector, is affected with, or in danger of becoming affected
with, a disease or contaminant;
(b) the suspected presence of a disease or contaminant;
(c) practices, that, in the opinion of the Chief Inspector, pose a risk of
the spread of a disease affecting livestock or of the introduction of such a
disease or of livestock or other property becoming affected or further affected
with a contaminant.
(2) A statement under this section may identify particular livestock,
products, property, practices and persons.
(3) The Crown
incurs no liability for a statement made by the Chief Inspector in good faith in
the exercise or purported exercise of powers under this section.
(4) A person incurs no liability for publishing in good faith a statement
made by the Chief Inspector under this section or a fair report or summary of
such a statement.
30—Amendment
of section 85—Service
Section 85(d)—delete "facsimile transmission to a facsimile
number provided by the person" and substitute:
fax transmission or email to the fax number or email address last provided
to the Minister or Chief Inspector by the person for the purpose
31—Amendment
of section 88—Regulations
Section 88(2)(c)—delete "or diagnostic reagents intended for use
on livestock or native or feral animals" and substitute:
, diagnostic reagents or diagnostic assays intended for use on or in
relation to livestock or native or feral animals
Schedule 1—Transitional
provisions
Part 5A of the Livestock
Regulations 1998 will be taken to have been made pursuant to
Part 3A of the Livestock
Act 1997 as inserted by this Act.