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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Stock (Seller Liability and Declarations)
(Amendment) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Amendment of purpose of Principal Act 2
5. Definitions 2
6. New section 4 substituted 3
4. Governor in Council may make orders 3
7. Amendment of Part 2 heading 3
8. Minimum requirements for sale 3
9. Amendment of Part 3 heading 4
10. Declarations as to quality 4
11. Amendment of section 14 regarding livestock products 6
12. New section 18A inserted 6
18A. Other declarations as to quality of stock 6
13. Further amendments regarding livestock products 7
14. Regulations 8
NOTES 11
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s. 2
A BILL
to make miscellaneous amendments to the Stock (Seller Liability and
Declarations) Act 1993 and for other purposes.
Stock (Seller Liability and Declarations)
(Amendment) Act 1996
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Stock
(Seller Liability and Declarations) Act 1993--
(a) to provide for further voluntary declarations
as to the quality of stock sold;
5
(b) to extend the operation of the Act to certain
livestock products;
(c) generally to improve the operation of the
Act.
2. Commencement
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Stock (Seller Liability and Declarations) (Amendment) Act 1996
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This Act comes into operation on the day on
which it receives the Royal Assent.
No. 113/1993
3. Principal Act as amended
by No.
In this Act the Stock (Seller Liability and 115/1994.
Declarations) Act 1993 is called the Principal
5
Act.
4. Amendment of purpose of Principal Act
In section 1(b) of the Principal Act after "stock"
(wherever occurring) insert "or livestock
products".
10
5. Definitions
In section 3(1) of the Principal Act--
(a) insert the following definitions--
' "exempt agreement" means an agreement
for the sale of stock or livestock
15
products that is exempted by the
regulations from the provisions of
Part 2;
"livestock product" means--
(a) milk, wool or honey; or
20
(b) any other produce of stock that is
declared to be a livestock product
for the purposes of this Act by an
Order of the Governor in Council
made under section 4;
25
"Secretary" and "Secretary of the
Department" mean Secretary to the
Department of Natural Resources and
Environment;';
(b) in the definition of "relevant condition"--
30
(i) after "stock" insert ", or any class of
stock,";
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s. 6 Act No.
(ii) after "species" insert ", or any
particular livestock products,";
(c) in the definition of "relevant disease"--
(i) after "stock" insert ", or any class of
stock,";
5
(ii) after "species" insert ", or any
particular livestock products,".
6. New section 4 substituted
For section 4 of the Principal Act substitute--
"4. Governor in Council may make orders
10
The Governor in Council, by Order
published in the Government Gazette--
(a) may declare any species of stock to be a
species to which this Act applies;
(b) may declare any produce of stock to be
15
a livestock product for the purposes of
this Act.".
7. Amendment of Part 2 heading
In the heading to Part 2 of the Principal Act, after
"STOCK" insert "OR LIVESTOCK
20
PRODUCTS".
8. Minimum requirements for sale
(1) In section 5 of the Principal Act--
(a) in sub-section (1)--
(i) after "agreement" insert "(other than an
25
exempt agreement)";
(ii) after "prescribed stock" insert "or a
prescribed livestock product";
(iii) after "stock" (where secondly
occurring) insert "or product";
30
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Act No.
(b) in sub-section (3) after "stock" insert "or a
livestock product".
(2) In section 6(1) of the Principal Act--
(a) after "stock" (where first occurring) insert
"or a livestock product";
5
(b) in paragraph (a) after "the stock" (where
twice occurring) insert "or product";
(c) after "stock" (where last occurring) insert
"or product".
(3) After section 6(1) of the Principal Act insert--
10
"(1A) A certificate referred to in sub-section (1)
must contain the prescribed information.".
(4) In section 6(2) and (3) of the Principal Act after
"stock" insert "or livestock product".
(5) After section 6(4) of the Principal Act insert--
15
"(5) This section does not apply in the case of a
sale of stock or livestock products under an
exempt agreement.".
(6) In section 7 of the Principal Act, in sub-sections
(1), (2), (3) and (4), after "stock" (wherever
20
occurring) insert "or livestock product".
(7) In section 8 of the Principal Act after "stock"
(wherever occurring) insert ", livestock product".
(8) After section 9(4) of the Principal Act insert--
"(5) This section does not apply in the case of a
25
sale of stock under an exempt agreement.".
9. Amendment of Part 3 heading
In the heading to Part 3 of the Principal Act, after
"STOCK" insert "OR LIVESTOCK
PRODUCTS".
30
10. Declarations as to quality
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Act No.
(1) In section 11(1) of the Principal Act--
(a) in paragraph (a)--
(i) after "species" (where first occurring)
insert "or particular livestock
products";
5
(ii) after "species" (where secondly
occurring) insert "or all those
products";
(b) in paragraph (b) after "form" insert "and
containing the prescribed information".
10
(2) In section 11(2) of the Principal Act--
(a) after "stock" insert "or products";
(b) for "complies" substitute "comply";
(c) for "50 penalty units" substitute "60 penalty
units";
15
(d) for "100 penalty units" substitute "120
penalty units".
(3) In section 12(1) of the Principal Act--
(a) in paragraph (a)--
(i) after "stock" (where first occurring)
20
insert "or particular livestock
products";
(ii) after "stock" (where secondly
occurring) insert "or those products";
(b) in paragraph (b) after "form" insert "and
25
containing the prescribed information";
(c) in paragraph (c) after "stock" insert "or
products";
(d) in paragraph (d) after "stock" insert "or
products".
30
(4) In section 12(2) of the Principal Act--
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Act No.
(a) after "stock" insert "or products";
(b) for "complies" substitute "comply";
(c) for "50 penalty units" substitute "60 penalty
units";
(d) for "100 penalty units" substitute "120
5
penalty units".
(5) In section 13 of the Principal Act--
(a) in sub-section (1)--
(i) in paragraph (a) after "stock" insert "or
a livestock product";
10
(ii) in paragraphs (b) and (c) after "the
stock" insert "or product";
(b) in sub-section (2) after "stock" insert "or
livestock products";
(c) in sub-section (3) after "stock" insert
15
", livestock product".
11. Amendment of section 14 regarding livestock products
In section 14(5), (6) and (7) of the Principal Act,
after "stock" (wherever occurring) insert "or
livestock products".
20
12. New section 18A inserted
After section 18 of the Principal Act insert--
"18A. Other declarations as to quality of stock
(1) This section applies to a declaration--
(a) that may be made by, or on behalf of, a
25
seller of stock; and
(b) that relates to the treatment, feed,
husbandry or pasturing of that stock;
and
(c) that is in, or is to the like effect of, a
30
form specified by the Secretary, by
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s. 13 Act No.
notice published in the Government
Gazette, to be a declaration to which
this section applies.
(2) A notice referred to in sub-section (1)(c)--
(a) may require a person who makes a
5
declaration to retain a copy of it for a
specified period; and
(b) may require a person who receives a
declaration to retain it for a specified
period.
10
(3) A person must not make a declaration to
which this section applies that the person
knows to be false.
Penalty: 60 penalty units for a first offence;
120 penalty units for a second or
15
subsequent offence.
(4) A person who is required by a notice under
sub-section (2) to retain a declaration, or a
copy of it, must do so for the period
specified in the notice.
20
Penalty: 5 penalty units.".
13. Further amendments regarding livestock products
In the Principal Act--
(a) in section 19(1)(a) and 20(2)(b)(i) after
"stock" insert ", livestock product";
25
(b) in section 20(3) after "stock" insert "or
livestock products";
(c) in section 20(4) after "stock" (wherever
occurring) insert ", livestock product";
(d) in section 26--
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Act No.
(i) in sub-section (1) after "stock" (where
secondly occurring) insert "or livestock
products";
(ii) in sub-section (2), in paragraphs (a) and
(b) after "stock" (wherever occurring)
5
insert "or livestock products";
(e) in section 27(1)--
(i) in paragraph (a) after "stock" insert
", livestock products";
(ii) in paragraph (c) after "stock" insert "or
10
livestock products";
(f) in section 34--
(i) after "stock" (where first and secondly
occurring) insert "or livestock
products";
15
(ii) after "stock" (where last occurring)
insert ", livestock products";
(g) in section 37 after "stock" insert "or
livestock products".
14. Regulations
20
(1) In section 38(1) of the Principal Act--
(a) in paragraph (a)--
(i) after "stock" insert ", or any class of
stock,";
(ii) after "species" (where first occurring)
25
insert ", or any particular livestock
products,";
(iii) after "species" (where secondly
occurring) insert "or class or those
products";
30
(b) in paragraph (b)--
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s. 14 Act No.
(i) after "stock" insert ", or any class of
stock,";
(ii) after "species" (where first occurring)
insert ", or any particular livestock
products,";
5
(iii) after "species" (where secondly
occurring) insert "or class or those
products";
(c) after paragraph (c) insert--
"(ca) prescribing information to be included
10
in certificates for the purposes of
section 6;";
(d) in paragraph (e) for "buyer to a seller"
substitute "seller to a buyer";
(e) after paragraph (f) insert--
15
"(fa) exempting agreements, or classes of
agreements, for the sale of stock or
livestock products from the provisions
of Part 2;";
(f) after paragraph (g) insert--
20
"(ga) prescribing information to be included
in ongoing and one-off declarations;";
(g) in paragraph (h) after "stock" insert "or
livestock products";
(h) in paragraph (i) after "stock"(wherever
25
occurring) insert "or livestock products";
(i) in paragraph (k) for "buyer to a seller"
substitute "seller to a buyer";
(j) in paragraph (n) after "stock" insert
", livestock product".
30
(2) In section 38 of the Principal Act--
(a) in sub-section (2)--
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(i) paragraph (a) is repealed;
(ii) in paragraph (b) after "stock" insert "or
livestock products";
(b) sub-sections (5) and (6) are repealed.
5
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Notes Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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