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TASMANIA
__________
ANIMAL HEALTH AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 30A inserted
30A. Duty in respect of mortality or morbidity rates
6. Section 31 amended (Declaration of infected place)
7. Section 32 amended (Restrictions on movement into,
within and from infected place)
8. Section 36 amended (Restrictions on movement into,
within and from restricted area)
9. Section 37 amended (Permits for movement into, within
and from restricted area)
10. Section 39 amended (Declaration of control area)
11. Section 40 amended (Restrictions on activities in, and
movement into, within and from control area)
12. Section 40A inserted
40A. Permits for movement into, within or from
control area
13. Section 41 amended (Offences relating to control area)
[Bill 92]-II
14. Section 51 amended (Offence to expose an animal to List
B disease)
15. Sections 51A and 51B inserted
51A. Offence to possess or administer List A or List B
vaccine or diagnostic reagent without permit
51B. Permit for administration of vaccine or
diagnostic reagent for List A or List B disease
16. Section 53 amended (Prohibition, &c., on feeding certain
fodder to animal)
17. Section 54 amended (Offence to feed swill to pigs)
18. Section 56 substituted
56. Permission to expose animal, &c., to List A
disease
19. Section 64 amended (General powers of inspector)
20. Section 65 amended (Destroying or ordering destruction
of animals, buildings, &c.)
21. Section 66 amended (Giving directions)
22. Section 69 amended (Requiring keeping of records)
23. Section 75 amended (Identification of certain inspectors)
24. Section 84 amended (Who is entitled to compensation)
25. Section 86 amended (Amount of compensation)
26. Section 91A inserted
91A. Appeal to Magistrates Court (Administrative
Appeals Division)
27. Part 9A inserted
PART 9A - Infringement notices
91B. Service of infringement notice
91C. Form of infringement notice
91D. Acceptance of infringement notice
91E. Extension of acceptance period
91F. Payment
91G. Payment to Consolidated Fund
91H. Effect of acceptance
91I. Withdrawal of infringement notice
91J. Certain evidence not admissible
91K. Delegation
2
28. Section 102A inserted
102A. Identification of place or land
29. Section 105 amended (Regulations)
30. Consequential amendments
Schedule 1 - Consequential Amendments
3
4
ANIMAL HEALTH AMENDMENT BILL 2003
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Animal Health Act 1995
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Animal Health
Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Animal Health Act 1995* is referred to
as the Principal Act.
*No. 85 of 1995
[Bill 92] 5
s. 4 No. Animal Health Amendment 2003
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by omitting "materials or disease agents" from
the definition of "conveyance" in subsection (1)
and substituting "materials, disease agents or
other things";
(b) by inserting the following definition after the
definition of "destroy" in subsection (1):
"diagnostic reagent" means a
substance that is administered to
an animal to aid in the diagnosis
of a disease in the animal;
(c) by omitting "agent;" from paragraph (d) of the
definition of "disease agent" in subsection (1)
and substituting "agent -";
(d) by inserting the following after paragraph (d)
in the definition of "disease agent" in
subsection (1):
"but does not include a diagnostic reagent or a
vaccine unless declared under paragraph (d);"
(e) by omitting "State or a Territory" from
paragraph (a) of the definition of "import" in
subsection (1) and substituting "State, a
Territory or elsewhere";
(f) by omitting "State or a Territory" from
paragraph (b) of the definition of "import" in
subsection (1) and substituting "State, a
Territory or elsewhere";
(g) by omitting "agent;" from paragraph (c) of the
definition of "List A disease agent" in
subsection (1) and substituting "agent -";
6
2003 Animal Health Amendment No. s. 5
(h) by inserting the following after paragraph (c)
in the definition of "List A disease agent" in
subsection (1):
"but does not include a diagnostic reagent or a
vaccine unless declared under paragraph (c);"
(i) by omitting "agent;" from paragraph (c) of the
definition of "List B disease agent" in
subsection (1) and substituting "agent -";
(j) by inserting the following after paragraph (c)
in the definition of "List B disease agent" in
subsection (1):
"but does not include a diagnostic reagent or a
vaccine unless declared under paragraph (c);"
(k) by omitting "charge," twice occurring from
paragraph (e) of the definition of "owner" in
subsection (1) and substituting "charge or
possession,";
(l) by inserting the following subsection after
subsection (9):
(9A) A notice made under this section
takes effect on -
(a) the day on which the notice is
published in the Gazette; or
(b) a later day specified in the notice,
if any.
Section 30A inserted
5. After section 30 of the Principal Act, the following
section is inserted in Part 5:
7
s. 6 No. Animal Health Amendment 2003
Duty in respect of mortality or morbidity rates
30A. A person who knows or has reason to suspect
that the prescribed morbidity rate or prescribed
mortality rate has been exceeded must notify an
inspector of that fact as soon as possible.
Penalty: Fine not exceeding 50 penalty units.
Section 31 amended (Declaration of infected place)
6. Section 31 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsection:
(1) An inspector may declare a place or
conveyance to be an infected place if the inspector -
(a) knows or suspects on reasonable
grounds that a List A disease is present
in that place or conveyance; or
(b) knows or suspects on reasonable
grounds that a new disease or an
unknown disease is present in that place
or conveyance and considers it necessary
to make the declaration for the purpose
of controlling the disease; or
(c) knows or suspects on reasonable
grounds that a disease, other than a List
A disease, new disease or unknown
disease, is present in that place or
conveyance and considers it necessary to
make the declaration for the purpose of
controlling the disease.
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2003 Animal Health Amendment No. s. 7
Section 32 amended (Restrictions on movement
into, within and from infected place)
7. Section 32(2) of the Principal Act is amended by
omitting paragraphs (d) and (e) and substituting the
following paragraphs:
(d) allow any of the following to enter, remain in,
move within or leave the infected place or a
specified part of the infected place:
(i) an animal;
(ii) an animal material;
(iii) an animal or animal material of a
specified class;
(iv) any other thing;
(e) move, or allow any other person to move, any
of the following into, within or out of the
infected place:
(i) an animal;
(ii) an animal material;
(iii) an animal or animal material of a
specified class;
(iv) any other thing.
Section 36 amended (Restrictions on movement
into, within and from restricted area)
8. Section 36 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsection:
9
s. 9 No. Animal Health Amendment 2003
(1) A declaration of a restricted area is to
specify -
(a) the classes of animals, animal materials,
conveyances or other things that must
not be moved into, within or out of the
restricted area or must not be so moved
except as authorised by, and in
accordance with any conditions specified
in, the declaration; and
(b) the classes of persons who may not
enter, move within or leave the
restricted area or may not enter, move
within or leave the restricted area
except as authorised by, and in
accordance with any conditions specified
in, the declaration.
Section 37 amended (Permits for movement into,
within and from restricted area)
9. Section 37 of the Principal Act is amended as follows:
(a) by inserting "person," after "material,";
(b) by omitting "and" second occurring and
substituting "or".
Section 39 amended (Declaration of control area)
10. Section 39 of the Principal Act is amended as follows:
(a) by inserting "present in Tasmania, another
State or a Territory, whether the disease is a
known disease or an unknown disease" after
"disease" in subsection (1)(a);
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2003 Animal Health Amendment No. s. 11
(b) by inserting "persons," after "materials," in
subsection (2)(a).
Section 40 amended (Restrictions on activities in,
and movement into, within and from control area)
11. Section 40(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c) "materials or
classes of animals or animal materials" and
substituting "materials, classes of animals or
animal materials, or other things";
(b) by omitting from paragraph (d) "materials or
classes of animals or animal materials" and
substituting "materials, classes of animals or
animal materials, conveyances or other
things";
(c) by omitting from paragraph (e) "materials or
classes of animals or animal materials" and
substituting "materials, classes of animals or
animal materials, or other things";
(d) by omitting from paragraph (f) "materials or
classes of animals or animal materials" and
substituting "materials, classes of animals or
animal materials, or other things";
(e) by omitting from paragraph (g) "materials or
classes of animals or animal materials" and
substituting "materials, classes of animals or
animal materials, conveyances or other
things";
(f) by omitting paragraph (h) and substituting
the following paragraphs:
11
s. 12 No. Animal Health Amendment 2003
(h) the movement of specified persons,
animals, animal materials, classes
of persons, animals or animal
materials, conveyances or other
things into, within or out of the
control area; and
(j) the cleaning or disinfecting of
persons, animals, animal
materials, clothing, conveyances
or other things that may enter,
remain in, move within or leave
the control area.
Section 40A inserted
12. After section 40 of the Principal Act, the following
section is inserted in Division 3:
Permits for movement into, within or from
control area
40A. (1) An inspector may issue a permit
authorising the movement of specified persons,
animals, animal materials, classes of persons,
animals or animal materials, conveyances or other
things into, within or out of a control area.
(2) A permit is subject to any conditions
specified in it.
Section 41 amended (Offences relating to control
area)
13. Section 41(1) of the Principal Act is amended by
inserting "except as authorised by, and in accordance with
12
2003 Animal Health Amendment No. s. 14
any conditions specified in, a permit issued under
section 40A" after "section 40".
Section 51 amended (Offence to expose an animal to
List B disease)
14. Section 51 of the Principal Act is amended by omitting
subsection (2) and substituting the following subsection:
(2) Subsection (1) does not apply to -
(a) exposure to a disease in the form of a
veterinary chemical product registered
under the Agvet Code of Tasmania; or
(b) exposure to a disease by the
administration of a vaccine, or a
diagnostic reagent, for a List B disease.
Sections 51A and 51B inserted
15. After section 51 of the Principal Act, the following
sections are inserted in Division 6:
Offence to possess or administer List A or List
B vaccine or diagnostic reagent without
permit
51A. (1) A person must not possess a vaccine, or a
diagnostic reagent, for a List A disease except as
authorised by a permit issued under subsection (3).
Penalty: Fine not exceeding 100 penalty units.
(2) A person must not administer a vaccine, or
a diagnostic reagent, for a List A disease or a List B
disease to an animal or group of animals except as
13
s. 15 No. Animal Health Amendment 2003
authorised by a permit issued under section 51B by
the Chief Veterinary Officer -
(a) in writing; or
(b) by notice published in the Gazette.
Penalty: In the case of -
(a) a List A disease, a fine not
exceeding 100 penalty units; or
(b) a List B disease, a fine not
exceeding 50 penalty units.
(3) With the written permission of the
Minister, the Chief Veterinary Officer may issue a
permit authorising a person to be in possession of a
vaccine, or a diagnostic reagent, for a List A disease.
Permit for administration of vaccine or
diagnostic reagent for List A or List B disease
51B. (1) With the approval of the Minister, the
Chief Veterinary Officer may issue -
(a) a special permit to administer a vaccine,
or a diagnostic reagent, for a List A
disease; or
(b) a general permit to administer a
vaccine, or a diagnostic reagent, for a
List A disease.
(2) The approval of the Minister under
subsection (1) -
(a) must be in writing provided to the Chief
Veterinary Officer; and
14
2003 Animal Health Amendment No. s. 15
(b) may be general or may relate only to a
permit, or class of permit, specified in
the approval; and
(c) is subject to any conditions determined
by the Minister and specified in the
approval.
(3) The Chief Veterinary Officer may issue -
(a) a special permit to administer a vaccine,
or a diagnostic reagent, for a List B
disease; or
(b) a general permit to administer a
vaccine, or a diagnostic reagent, for a
List B disease.
(4) A special permit authorises the person to
whom it is issued to administer a vaccine, or a
diagnostic reagent, for the List A disease or List B
disease specified in the permit.
(5) A general permit -
(a) is issued by publishing it in the Gazette;
and
(b) authorises the administration of a
vaccine, or a diagnostic reagent, for the
List A disease or List B disease specified
in the permit.
(6) A special permit and a general permit for
the administration of a vaccine, or a diagnostic
reagent, for a List A disease must be in accordance
with the Minister's approval and any conditions
specified in that approval.
15
s. 16 No. Animal Health Amendment 2003
Section 53 amended (Prohibition, &c., on feeding
certain fodder to animal)
16. The penalty under section 53(4) of the Principal Act is
amended by omitting "50" and substituting "100".
Section 54 amended (Offence to feed swill to pigs)
17. Section 54(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "swill." and
substituting "swill; or";
(b) by inserting the following paragraph after
paragraph (b):
(c) supply swill for a purpose specified
in paragraph (a) or (b).
Section 56 substituted
18. Section 56 of the Principal Act is repealed and the
following section is substituted:
Permission to expose animal, &c., to List A
disease
56. (1) With the written permission of the Minister,
the Chief Veterinary Officer may issue a permit
authorising a person to do any one or more of the
following:
(a) expose an animal, animal material or
class of animal or animal material to a
List A disease;
16
2003 Animal Health Amendment No. s. 19
(b) be in possession of a List A disease
agent;
(c) administer a List A disease agent to an
animal, animal material or class of
animal or animal material.
(2) This section does not apply to a vaccine, or
a diagnostic reagent, for a List A disease.
Section 64 amended (General powers of inspector)
19. Section 64 of the Principal Act is amended as follows:
(a) by inserting the following paragraph after
paragraph (c) in subsection (1):
(ca) to enter and remain in a residence
if the inspector has reasonable
grounds for suspecting that a List
A disease agent or an animal,
animal material or other thing
infected with a List A disease is
present in that residence;
(b) by inserting the following paragraphs after
paragraph (n) in subsection (2):
(na) to take an animal, animal
material or disease agent to any
place the inspector considers
appropriate;
(nb) to restrict the use of any animal,
animal material or disease agent;
(c) by omitting from subsection (3) "soil and
water" and substituting "soil, water and other
thing";
17
s. 19 No. Animal Health Amendment 2003
(d) by omitting from subsection (3)(a) "land or
water" and substituting "land, soil, water or
other thing";
(e) by omitting from subsection (3)(b) "conveyance
or building" and substituting "conveyance,
building or other thing";
(f) by omitting from subsection (3)(c) "land or
water" and substituting "land, water or other
thing";
(g) by omitting from subsection (3)(d) "soil or
water" and substituting "soil, water or other
thing";
(h) by omitting from subsection (3)(e) "soil or
water" and substituting "soil, water or other
thing";
(i) by inserting the following paragraph after
paragraph (e) in subsection (3):
(ea) to take a conveyance, soil, water or
other thing to any place the
inspector considers appropriate;
(j) by omitting from subsection (3)(f) "land or
water" and substituting "soil, land, water or
other thing";
(k) by inserting the following paragraph after
paragraph (f) in subsection (3):
(fa) to restrict the use of the
conveyance, building, land, soil,
water or other thing;
(l) by omitting from subsection (3)(h) "soil or
water" and substituting "soil, water or other
thing".
18
2003 Animal Health Amendment No. s. 20
Section 65 amended (Destroying or ordering
destruction of animals, buildings, &c.)
20. Section 65 of the Principal Act is amended by
inserting after subsection (1) the following subsection:
(1A) The Chief Veterinary Officer or an
inspector who has the written approval of the Chief
Veterinary Officer may -
(a) destroy, or cause to be destroyed, any
animal, or animal material from an
animal, that has been vaccinated with a
vaccine for a List A disease; or
(b) direct the owner of any animal, or
animal material from an animal, that
has been vaccinated with a vaccine for a
List A disease to destroy it or cause it to
be destroyed as specified in the
direction.
Section 66 amended (Giving directions)
21. Section 66(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (d) "land and
water" and substituting "any animal, animal
material, disease agent, conveyance, building,
land, soil, water or other thing";
(b) by inserting the following paragraph after
paragraph (d):
(da) requiring an animal, animal
material, disease agent or other
thing to be taken to any place the
inspector considers appropriate;
19
s. 22 No. Animal Health Amendment 2003
Section 69 amended (Requiring keeping of records)
22. Section 69 of the Principal Act is amended by omitting
"products," and substituting "products or fodder,".
Section 75 amended (Identification of certain
inspectors)
23. Section 75(2) of the Principal Act is amended by
omitting "section (1)" and substituting "subsection (1)".
Section 84 amended (Who is entitled to
compensation)
24. Section 84(1)(a) of the Principal Act is amended by
omitting "State and the Commonwealth" and substituting
"State, the Commonwealth and industry".
Section 86 amended (Amount of compensation)
25. Section 86(1) of the Principal Act is amended by
omitting "State and the Commonwealth" and substituting
"State, the Commonwealth and industry".
Section 91A inserted
26. After section 91 of the Principal Act, the following
section is inserted in Part 9:
Appeal to Magistrates Court (Administrative
Appeals Division)
91A. (1) A person may apply to the Magistrates
Court (Administrative Appeals Division) for a review
of any of the following decisions under this Part:
20
2003 Animal Health Amendment No. s. 27
(a) the refusal to pay compensation in
respect of the death or destruction of an
animal or other property;
(b) the determination of the amount of any
such compensation that is payable.
Part 9A inserted
27. After section 91 of the Principal Act, the following
Part is inserted:
PART 9A - INFRINGEMENT NOTICES
Service of infringement notice
91B. The Chief Veterinary Officer may serve an
infringement notice on a person, other than a person
who has not attained the age of 16 years, if the Chief
Veterinary Officer is of the opinion that the person
has committed a prescribed offence.
Form of infringement notice
91C. An infringement notice -
(a) may not relate to more than 3 offences;
and
(b) is to be in a form approved by the Chief
Veterinary Officer; and
(c) is to specify -
(i) the offence to which it relates; and
(ii) the person alleged to have
committed the offence; and
21
s. 27 No. Animal Health Amendment 2003
(iii) the prescribed penalty and
prescribed special penalty for that
offence; and
(iv) the total amount payable; and
(v) the place at which the penalty
must be paid; and
(vi) any other prescribed details; and
(d) is to state that the person on whom it is
served may disregard the notice but
that, on doing so, he or she may be
prosecuted for the offence to which the
notice relates.
Acceptance of infringement notice
91D. A person may accept an infringement notice -
(a) by paying the total amount payable
within 21 days after being served with
the notice; or
(b) within 21 days after being served with
the notice, by lodging at the place
specified in the notice a written
undertaking to pay the amount payable.
Extension of acceptance period
91E. If an infringement notice is not accepted
before the period referred to in section 91D expires,
a clerk of petty sessions may allow one further
period of 14 days, commencing on that expiry, for
the acceptance of the notice.
22
2003 Animal Health Amendment No. s. 27
Payment
91F. (1) If a person undertakes under
section 91D(b) to pay any amount payable under an
infringement notice, a clerk of petty sessions may
determine the period, not exceeding 60 days from
the day on which the notice was served, within
which the amount is to be paid.
(2) A person may make representations to a
clerk of petty sessions in respect of the person's
ability to pay the amount.
(3) A clerk of petty sessions is to take the
person's representations into account before
determining the period within which the amount is
to be paid.
(4) If a person fails to pay any amount in
accordance with an undertaking, the same
proceedings may be taken against the person in
respect of the amount remaining outstanding as if it
were a penalty imposed on the person on summary
conviction.
Payment to Consolidated Fund
91G. Any payments made in respect of an
infringement notice are payable into the
Consolidated Fund.
Effect of acceptance
91H. (1) The acceptance of an infringement notice
is not an admission of liability in any civil
proceedings.
23
s. 27 No. Animal Health Amendment 2003
(2) Proceedings against a person for an offence
to which an infringement notice that has not been
withdrawn relates must not be brought -
(a) if the person accepts the infringement
notice; or
(b) within -
(i) 28 days after the notice was
served if the person has not been
allowed a further period under
section 91E; or
(ii) 42 days after the notice was
served if the person has been
allowed a further period under
section 91E.
Withdrawal of infringement notice
91I. (1) The Chief Veterinary Officer may withdraw
an infringement notice served on a person if the
Chief Veterinary Officer is of the opinion that -
(a) the infringement notice should not have
been served; or
(b) the person should be proceeded against
for the offence to which the notice
relates.
(2) An infringement notice may be withdrawn
whether or not it has been accepted.
(3) An infringement notice is withdrawn by
serving on the person who was served with the
infringement notice a notice stating that the
infringement notice has been withdrawn.
24
2003 Animal Health Amendment No. s. 28
(4) A clerk of petty sessions must repay to a
person any amount paid by that person in respect of
an infringement notice that is withdrawn.
Certain evidence not admissible
91J. Evidence of the service, acceptance or
withdrawal of an infringement notice is not
admissible in any proceedings for the offence to
which the notice relates unless it is alleged that the
proceedings have been taken in contravention of
section 91H(2).
Delegation
91K. The clerk of petty sessions may delegate any
of his or her functions or powers under this Part,
other than this power of delegation.
Section 102A inserted
28. After section 102 of the Principal Act, the following
section is inserted in Part 10:
Identification of place or land
102A. A place or land may be identified in any
document made under this Act -
(a) by reference to a municipal area; or
(b) by reference to a street address; or
(c) by reference to the entry relating to the
land in a valuation roll prepared under
the Valuation of Land Act 2001; or
25
s. 29 No. Animal Health Amendment 2003
(d) by reference to a plan registered in the
Central Plan Register; or
(e) by any other means.
Section 105 amended (Regulations)
29. Section 105 of the Principal Act is amended as follows:
(a) by inserting the following paragraph after
paragraph (a) in subsection (2):
(ab) provide for or regulate the
possession, keeping and
management of animals, animal
materials or other things; and
(b) by inserting the following paragraph after
paragraph (c) in subsection (2):
(ca) provide for the making of a
declaration by any person or class
of person in relation to the health
or disease status of any animal,
animal material, class of animal or
animal material or other thing;
and
(c) by inserting the following paragraphs after
paragraph (d) in subsection (2):
(da) require animals, or animals of a
class, to be vaccinated for diseases
specified in the regulations; and
(db) provide for or regulate the
introduction into Tasmania,
possession and use of testing kits
for List A diseases; and
26
2003 Animal Health Amendment No. s. 30
(d) by omitting from subsection (4)(b) "5" first
occurring and substituting "100";
(e) by omitting from subsection (4)(b) "0·5" and
substituting "10".
Consequential amendments
30. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
27
sch. 1 No. Animal Health Amendment 2003
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 30
Criminal Code Act 1924
1. Section 287B is amended as follows:
(a) by omitting from subsection (2)(b) "animal"
and substituting "animal, animal material or
class of animal or animal material";
(b) by omitting from subsection (2)(c) "animal"
and substituting "animal, animal material or
class of animal or animal material";
(c) by inserting the following subsection after
subsection (2):
(2A) A person who knowingly or
recklessly exposes an animal, animal material
or class of animal or animal material to a List
A disease is guilty of a crime.
Charge: Exposure to a List A disease.
(d) by omitting from subsection (3) "Subsections
(1) and (2)" and substituting "Subsections (1),
(2) and (2A)";
(e) by inserting in subsection (3)(a) "or expose an
animal or animal material to a List A disease"
after "agent".
28 Government Printer, Tasmania