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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Agriculture and Related Resources Protection
Amendment Bill 2010
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Agriculture and Related
Resources Protection Act 1976
amended
3. Act amended 3
4. Section 4 amended 3
5. Section 6 deleted 3
6. Section 7 amended 3
7. Sections 8 and 9 deleted 5
8. Section 10 replaced 5
10. Delegation by Minister 5
11A. Delegation by Director General 5
9. Section 11 amended 6
10. Section 12 deleted 6
11. Part III deleted 6
12. Section 37 replaced 6
37. List of declared animals and plants 6
13. Section 41 amended 7
14. Section 42 amended 7
15. Section 44 amended 7
16. Section 45 amended 8
17. Section 46 amended 8
18. Section 49 amended 8
19. Section 51 amended 8
20. Section 52 amended 8
129--1 page i
Agriculture and Related Resources Protection Amendment Bill 2010
Contents
21. Section 54 amended 9
22. Section 55 amended 10
23. Section 56 amended 10
24. Heading to Part V Division 5 amended 11
25. Section 58 amended 11
26. Section 59 amended 12
27. Section 60 amended 12
28. Section 61 deleted 13
29. Section 62 amended 13
30. Section 63 amended 13
31. Section 64 amended 14
32. Section 65 amended 14
33. Section 72 amended 15
34. Section 74 amended 15
35. Section 75 amended 16
36. Section 77 amended 17
37. Section 78 amended 17
38. Section 79 amended 17
39. Section 80 amended 17
40. Section 81 amended 18
41. Section 83 amended 18
42. Section 83A amended 18
43. Section 94A amended 18
44. Sections 95 and 96 replaced 18
95. Judicial notice of signatures 18
96. Authentication of documents 19
45. Section 97 amended 19
46. Section 98 replaced 19
98. Prosecutions 19
47. Section 99 amended 20
48. Section 103 replaced 20
103. Governor may make regulations 20
49. Section 104 amended 20
50. Section 105 amended 20
51. Section 106 amended 21
52. Section 108 replaced 23
108. Penalties under regulations 23
53. Part X deleted 23
54. Part XI inserted 23
page ii
Agriculture and Related Resources Protection Amendment Bill 2010
Contents
Part XI -- Agriculture and Related Resources
Protection Amendment Act 2010 -- Savings
and transitional provisions
120. Terms used 23
121. Approvals and certificates 24
122. Authorised persons 24
123. Declarations 24
124. Rates payable under section 61 24
125. Funds in, or payable to, former account 25
126. Management programmes 25
127. Notices 26
128. Permissions and authorities 26
129. Transitional regulations 26
55. Various references to "Protection Board" amended 28
56. Various penalties amended 29
Part 3 -- Amendments to Biosecurity
and Agriculture Management
(Repeal and Consequential
Provisions) Act 2007
57. Act amended 30
58. Section 2 amended 30
59. Section 30A inserted 30
30A. Firearms Act 1973 amended 30
60. Section 30 amended 31
61. Sections 32 and 33 deleted 31
62. Section 37 deleted 31
63. Section 38 deleted 31
64. Section 58 amended 31
65. Section 92 deleted 32
66. Section 93 amended 32
Part 4 -- Amendments to other Acts
67. Aerial Spraying Control Act 1966 amended 33
68. Biosecurity and Agriculture Management Act 2007
amended 33
69. Firearms Act 1973 amended 33
70. Plant Pests and Diseases (Eradication Funds)
Act 1974 amended 36
71. Poisons Act 1964 amended 38
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Agriculture and Related Resources Protection
Amendment Bill 2010
A Bill for
An Act --
• to amend the Agriculture and Related Resources Protection
Act 1976; and
• to amend the Biosecurity and Agriculture Management (Repeal
and Consequential Provisions) Act 2007,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Agriculture and Related Resources Protection Amendment Bill 2010
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Agriculture and Related Resources Protection
4 Amendment Act 2010.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 3
1 Part 2 -- Agriculture and Related Resources Protection
2 Act 1976 amended
3 3. Act amended
4 This Part amends the Agriculture and Related Resources
5 Protection Act 1976.
6 4. Section 4 amended
7 Delete section 4(2).
8 5. Section 6 deleted
9 Delete section 6.
10 6. Section 7 amended
11 (1) In section 7(1) delete the definitions of:
12 authority
13 chairman
14 Chief Officer
15 committee
16 Control Account
17 Deputy Chief Officer
18 eligible person
19 inspector
20 member
21 producer association
22 Protection Board
23 region
24 zone
page 3
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 6
1 (2) In section 7(1) insert in alphabetical order:
2
3 Declared Pest Account has the meaning given in the
4 Biosecurity and Agriculture Management Act 2007
5 section 6;
6 department means the department principally assisting
7 in the administration of this Act;
8 Director General means the chief executive officer of
9 the department;
10 inspector means an inspector appointed under the
11 Biosecurity and Agriculture Management Act 2007
12 section 162;
13
14 (3) In section 7(1) in the definition of animal-proof fence
15 paragraph (b) delete "Chief Officer" and insert:
16
17 Director General
18
19 (4) In section 7(1) in the definition of authorised person delete
20 "Protection Board or the Chief Officer" and insert:
21
22 Director General
23
24 (5) In section 7(1) in the definition of rabbit-proof fence
25 paragraph (b) delete "Chief Officer his" and insert:
26
27 Director General as
28
page 4
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 7
1 (6) In section 7(1) in the definition of watercourse delete
2 "constructed;" and insert:
3
4 constructed.
5
6 7. Sections 8 and 9 deleted
7 Delete sections 8 and 9.
8 8. Section 10 replaced
9 Delete section 10 and insert:
10
11 10. Delegation by Minister
12 (1) The Minister may delegate to the Director General any
13 power or duty of the Minister under another provision
14 of this Act.
15 (2) The delegation must be in writing signed by the
16 Minister.
17 (3) The delegation may expressly authorise the Director
18 General to further delegate the power or duty.
19 (4) A person exercising or performing a power or duty that
20 has been delegated to the person under, or as
21 authorised under, this section, is to be taken to do so in
22 accordance with the terms of the delegation unless the
23 contrary intention is shown.
24 (5) Nothing in this section limits the ability of the Minister
25 to perform a function through an officer or agent.
26 11A. Delegation by Director General
27 (1) The Director General may delegate to an officer of the
28 department any power or duty of the Director General
29 under another provision of this Act.
page 5
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 9
1 (2) The delegation must be in writing signed by the
2 Director General.
3 (3) A person exercising or performing a power or duty that
4 has been delegated to the person under this section is to
5 be taken to do so in accordance with the terms of the
6 delegation unless the contrary intention is shown.
7 (4) Nothing in this section limits the ability of the Director
8 General to perform a function through an officer or
9 agent.
10
11 9. Section 11 amended
12 In section 11(1) delete "Chairman of the Protection Board or the
13 Chief Officer" and insert:
14
15 Director General
16
17 10. Section 12 deleted
18 Delete section 12.
19 11. Part III deleted
20 Delete Part III.
21 12. Section 37 replaced
22 Delete section 37 and insert:
23
24 37. List of declared animals and plants
25 The Director General must --
26 (a) maintain, on or accessible through the
27 department's website, a publicly accessible list
28 setting out --
page 6
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 13
1 (i) every class of plants or animals that is
2 for the time being the subject of a
3 declaration made under section 35; and
4 (ii) the matters for the time being specified
5 under section 35(2) in relation to each
6 class referred to in subparagraph (i);
7 and
8 (b) make copies of the list available to the public
9 for inspection at the head office and regional
10 offices of the department during business hours.
11
12 13. Section 41 amended
13 After section 41(2) insert:
14
15 (3) The Director General may supply poison under
16 subsection (1) despite anything to the contrary in the
17 Poisons Act 1964.
18
19 14. Section 42 amended
20 In section 42 delete the Penalty and insert:
21
22 Penalty: a fine of $20 000.
23
24 15. Section 44 amended
25 In section 44(1) delete the Penalty and insert:
26
27 Penalty: a fine of $50 000.
28
page 7
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 16
1 16. Section 45 amended
2 In section 45(1) delete "Protection Board and may be sued for
3 and recovered" and insert:
4
5 State and may be sued for and recovered by the
6 Director General on behalf of the State
7
8 17. Section 46 amended
9 After section 46(2) insert:
10
11 (3) The Director General may supply poison under
12 subsection (1) despite anything to the contrary in the
13 Poisons Act 1964.
14
15 18. Section 49 amended
16 In section 49 delete the Penalty and insert:
17
18 Penalty: a fine of $20 000.
19
20 19. Section 51 amended
21 In section 51(1) delete the Penalty and insert:
22
23 Penalty: a fine of $50 000.
24
25 20. Section 52 amended
26 In section 52(2):
27 (a) delete "authorised officer" and insert:
28
29 authorised person
30
page 8
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 21
1 (b) delete "Protection Board, and may be sued for and
2 recovered" and insert:
3
4 State, and may be sued for and recovered by the
5 Director General on behalf of the State
6
7 Note: The heading to amended section 52 is to read:
8 Work and recovery of costs
9 21. Section 54 amended
10 (1) In section 54(1):
11 (a) delete "or the Protection Board," and insert:
12
13 or an inspector or authorised person,
14
15 (b) delete "determined by the Protection Board, which shall
16 notify the parties concerned of its decision forthwith on
17 the making thereof." and insert:
18
19 decided by the Director General.
20
21 (2) After section 54(1) insert:
22
23 (2) The Director General must notify the parties concerned
24 of any decision made under subsection (1).
25
26 (3) In section 54(4):
27 (a) delete "Protection Board for it" and insert:
28
29 Director General for the Director General
30
page 9
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 22
1 (b) delete "Protection Board may," (each occurrence) and
2 insert:
3
4 Director General may,
5
6 (c) delete "it considers" and insert:
7
8 the Director General considers
9
10 (d) delete "Protection Board declares" and insert:
11
12 Director General declares
13
14 22. Section 55 amended
15 After section 55(2) insert:
16
17 (3) The Director General may supply poison under
18 subsection (1) despite anything to the contrary in the
19 Poisons Act 1964.
20
21 23. Section 56 amended
22 (1) In section 56(1) delete "by written authorisation under seal,".
23 (2) After section 56(1) insert:
24
25 (2A) The delegation must be in writing signed by the
26 Director General.
27
28 Note: The heading to amended section 56 is to read:
29 Director General may delegate powers to local governments
page 10
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 24
1 24. Heading to Part V Division 5 amended
2 In the heading to Part V Division 5 delete "by Protection
3 Board".
4 25. Section 58 amended
5 (1) Delete section 58(1) and insert:
6
7 (1) In this section --
8 dwelling has the meaning given in the Biosecurity and
9 Agriculture Management Act 2007 section 63.
10 (2A) Inspectors and authorised persons may, at any time and
11 to such extent as the Director General may determine,
12 carry out operational work on and in relation to any
13 place other than a dwelling without cost to the owner
14 or occupier of that place.
15 (2B) The operational work may be carried out --
16 (a) out of moneys from time to time appropriated
17 by Parliament for that purpose; or
18 (b) out of moneys from time to time standing to the
19 credit of the Declared Pest Account other than
20 moneys derived from rates under section 60; or
21 (c) on and in relation to private land held under
22 pastoral lease out of moneys from time to time
23 standing to the credit of the Declared Pest
24 Account and derived from rates under
25 section 60; or
26 (d) on and in relation to public land, land under the
27 control of a local government or private land
28 pursuant to an agreement under section 41, 46
29 or 55.
30
page 11
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 26
1 (2) In section 58(2) delete "the powers of the Protection Board" and
2 insert:
3
4 powers
5
6 Note: The heading to amended section 58 is to read:
7 Operational work may be carried out
8 26. Section 59 amended
9 In section 59(1) delete "on the Protection Board or an inspector
10 or authorised person".
11 27. Section 60 amended
12 (1) In section 60(1) delete "1 July 2006" and insert:
13
14 1 July immediately following the coming into
15 operation of the Agriculture and Related Resources
16 Protection Amendment Act 2010 section 27
17
18 (2) In section 60(3) delete "Protection Board, with the approval of
19 the Minister, may," and insert:
20
21 Minister may,
22
23 (3) Delete section 60(5) and (6) and insert:
24
25 (5) Different rates may be imposed in respect of different
26 land and different classes of land.
27
page 12
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 28
1 (4) After section 60(7) insert:
2
3 (8) Despite the amendments made by the Agriculture and
4 Related Resources Protection Amendment Act 2010
5 section 27 (the amending section), this section, as in
6 force immediately before the amending section came
7 into operation, continues to apply in relation to a rate
8 payable for a financial year commencing before a
9 financial year referred to in subsection (1).
10
11 Note: The heading to amended section 60 is to read:
12 Rates on pastoral leases
13 28. Section 61 deleted
14 Delete section 61.
15 29. Section 62 amended
16 (1) In section 62(2) delete "each of sections 60 and 61," and insert:
17
18 section 60,
19
20 (2) In section 62(8) delete "or 61".
21 30. Section 63 amended
22 (1) In section 63(1) delete "or 61".
23 (2) Delete section 63(2).
24 (3) In section 63(3) delete "or 61".
25 (4) In section 63(3a):
26 (a) delete "or 61";
page 13
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 31
1 (b) in paragraph (a) delete "Protection Board" and insert:
2
3 State
4
5 (c) in paragraph (b) delete "Protection Board;" and insert:
6
7 State;
8
9 (5) In section 63(4) delete "Protection Board," and insert:
10
11 Minister,
12
13 (6) Delete section 63(5).
14 (7) In section 63(6) delete "or 61".
15 31. Section 64 amended
16 (1) In section 64(1) and (2) delete "or 61".
17 (2) In section 64(5) delete "or 61".
18 32. Section 65 amended
19 (1) Delete section 65(1) and insert:
20
21 (1) All rates recovered under section 60 are to be credited
22 to the Declared Pest Account.
23
24 (2) Delete section 65(3)(a).
25 (3) In section 65(3)(b):
26 (a) delete "to which this subsection applies";
page 14
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 33
1 (b) delete "Control Account." and insert:
2
3 Declared Pest Account.
4
5 (4) Delete section 65(4) and insert:
6
7 (4) The costs of assessing, receiving and recovering rates
8 under section 60 are to be charged under this
9 subsection to the Consolidated Account.
10 (5) If, in any financial year, the costs referred to in
11 subsection (4) exceed the sum approved from time to
12 time by the Treasurer, the Minister must, upon receipt
13 of a certificate from the Commissioner certifying the
14 amount of that excess, charge to the Declared Pest
15 Account and credit to the Consolidated Account a sum
16 equal to the amount of that excess.
17
18 Note: The heading to amended section 65 is to read:
19 Rates to be credited to Declared Pest Account
20 33. Section 72 amended
21 In section 72 delete the Penalty and insert:
22
23 Penalty: a fine of $50 000.
24
25 34. Section 74 amended
26 (1) At the end of section 74(1) insert:
27
28 Penalty: a fine of $50 000.
29
page 15
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 35
1 (2) Delete section 74(2) and insert:
2
3 (2) A person who brings into the State from elsewhere any
4 coat, fodder, machinery, sack, seed, wool pack or
5 restricted animal must, immediately on arrival of that
6 thing, deliver the thing into the custody of an inspector
7 or authorised person.
8 Penalty: a fine of $50 000.
9
10 (3) At the end of section 74 delete the Penalty.
11
12 35. Section 75 amended
13 (1) At the end of section 75(1) insert:
14
15 Penalty: a fine of $20 000.
16
17 (2) At the end of section 75(1a) insert:
18
19 Penalty: a fine of $20 000.
20
21 (3) At the end of section 75(1b) insert:
22
23 Penalty: a fine of $20 000.
24
25 (4) At the end of section 75(2) insert:
26
27 Penalty: a fine of $20 000.
28
29 (5) At the end of section 75 delete the Penalty.
page 16
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 36
1 36. Section 77 amended
2 (1) In section 77(1) delete the Penalty and insert:
3
4 Penalty: a fine of $50 000.
5
6 (2) In section 77(2) delete "it considers" and insert:
7
8 the Director General considers
9
10 37. Section 78 amended
11 In section 78 delete the Penalty and insert:
12
13 Penalty: a fine of $20 000.
14
15 38. Section 79 amended
16 (1) At the end of section 79(1) insert:
17
18 Penalty: a fine of $20 000.
19
20 (2) At the end of section 79(2) insert:
21
22 Penalty: a fine of $20 000.
23
24 (3) At the end of section 79 delete the Penalty.
25
26 39. Section 80 amended
27 (1) In section 80(1) delete the Penalty and insert:
28
29 Penalty: a fine of $20 000.
30
page 17
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 40
1 (2) In section 80(2) delete "it considers" and insert:
2
3 the Director General considers
4
5 40. Section 81 amended
6 In section 81 delete the Penalty and insert:
7
8 Penalty: a fine of $20 000.
9
10 41. Section 83 amended
11 In section 83(1) delete the Penalty and insert:
12
13 Penalty: a fine of $20 000.
14
15 42. Section 83A amended
16 Delete section 83A(3), (4), (5) and (6).
17 43. Section 94A amended
18 In section 94A delete "Chief Officer" and insert:
19
20 Director General
21
22 44. Sections 95 and 96 replaced
23 Delete sections 95 and 96 and insert:
24
25 95. Judicial notice of signatures
26 A person acting judicially must take judicial notice of
27 the signature of the Director General and of the
28 Minister.
page 18
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 45
1 96. Authentication of documents
2 Subject to this Act, every document required or used
3 for or in connection with the purposes of this Act may
4 be authenticated by the signature of the Director
5 General or the Minister.
6
7 45. Section 97 amended
8 In section 97(1):
9 (a) delete "the Minister or the Protection Board," and insert:
10
11 the State under this Act,
12
13 (b) delete "Minister, the Chairman of the Protection Board
14 or the Chief Officer," and insert:
15
16 Minister or the Director General,
17
18 (c) delete "the Minister or the Protection Board in" and
19 insert:
20
21 the Minister or the Director General in
22
23 46. Section 98 replaced
24 Delete section 98 and insert:
25
26 98. Prosecutions
27 A prosecution for an offence under this Act cannot be
28 commenced except by or with the approval of the
29 Director General.
30
page 19
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 47
1 47. Section 99 amended
2 In section 99 delete "it may," and insert:
3
4 the Minister may,
5
6 48. Section 103 replaced
7 Delete section 103 and insert:
8
9 103. Governor may make regulations
10 The Governor may make regulations prescribing all
11 matters which by this Act are required or permitted to
12 be prescribed or are contemplated as being prescribed
13 or which are necessary or expedient to be prescribed
14 for carrying this Act into effect.
15
16 49. Section 104 amended
17 In section 104:
18 (a) delete paragraphs (a), (b), (c) and (d);
19 (b) in paragraph (g) delete "Protection Board." and insert:
20
21 State.
22
23 50. Section 105 amended
24 In section 105:
25 (a) in paragraph (e) delete "to the Protection Board";
26 (b) delete paragraph (s)(iii) and "and" after it and insert:
27
28 (iii) providing for the recovery from the
29 owner, consignor, consignee, or person
30 in possession or control of any animal,
page 20
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 51
1 thing or prohibited material, of the
2 expenses incurred by officers of the
3 department in connection with that
4 animal, thing or prohibited material;
5
6 (c) in paragraph (t)(iii) delete "Protection Board to impose,
7 in any permit issued by it under regulations made
8 pursuant to this paragraph, any further conditions and
9 restrictions as to such introduction, keeping, sale, or
10 disposal that it" and insert:
11
12 Director General to impose, in any
13 permit issued by the Director General
14 under regulations made under this
15 paragraph, any further conditions and
16 restrictions as to such introduction,
17 keeping, sale or disposal that the
18 Director General
19
20 (d) in paragraph (w) delete "Protection Board" and insert:
21
22 department
23
24 (e) in paragraph (x) delete "referred to in section 8(1)(k) of
25 the Agriculture Protection Board Act 1950" and insert:
26
27 for the destruction of declared animals
28
29 51. Section 106 amended
30 In section 106(1):
31 (a) in paragraph (a) delete "Minister and the Protection
32 Board to erect," and insert:
33
34 Director General to erect,
page 21
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 51
1
2 (b) in paragraph (a) delete "Minister and the Protection
3 Board and their respective" and insert:
4
5 Director General and the department's
6
7 (c) in paragraph (b) delete "Crown and the Protection
8 Board" and insert:
9
10 State
11
12 (d) in paragraph (b) delete "Crown or Protection Board;"
13 and insert:
14
15 State;
16
17 (e) in paragraph (j) delete "Chief Officer" and insert:
18
19 Director General
20
21 (f) in paragraph (n)(i) delete "Minister or Protection Board"
22 and insert:
23
24 State
25
26 (g) in paragraph (p) delete "Minister or the Protection
27 Board" and insert:
28
29 State
30
page 22
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 52
1 52. Section 108 replaced
2 Delete section 108 and insert:
3
4 108. Penalties under regulations
5 Regulations made under this Act may impose for a
6 breach of a regulation so made a maximum penalty not
7 exceeding $20 000, with or without a fine for each
8 separate and further offence committed under the
9 Interpretation Act 1984 section 71 of not more than
10 $500.
11
12 53. Part X deleted
13 Delete Part X.
14 54. Part XI inserted
15 At the end of the Act insert:
16
17 Part XI -- Agriculture and Related Resources
18 Protection Amendment Act 2010 -- Savings and
19 transitional provisions
20 120. Terms used
21 In this Part --
22 commencement day means the day on which the
23 Agriculture and Related Resources Protection
24 Amendment Act 2010 section 7 comes into operation;
25 Protection Board means the Agriculture Protection
26 Board of Western Australia constituted under the
27 Agriculture Protection Board Act 1950.
page 23
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 54
1 121. Approvals and certificates
2 An approval or certificate given by the Chief Officer
3 under this Act as in force before the commencement
4 day and of effect on that day has effect on and after
5 that day as if it were an approval or certificate of the
6 Director General.
7 122. Authorised persons
8 An authorisation given under section 11 as in force
9 before the commencement day and in effect
10 immediately before that day has effect on and after that
11 day as if it were an authorisation of the Director
12 General.
13 123. Declarations
14 A declaration made by the Protection Board under this
15 Act as in force before the commencement day and in
16 effect immediately before that day has effect on and
17 after that day as if it were a declaration of the Minister.
18 124. Rates payable under section 61
19 Despite the amendments made by the Agriculture and
20 Related Resources Protection Amendment Act 2010
21 sections 28 to 32 (the amending sections), sections 61
22 to 65, as in force before the amending sections came
23 into operation, continue to apply in relation to a rate
24 payable for a financial year commencing on a day
25 before the amending sections came into operation
26 except that --
27 (a) any reference in section 63(3a) or (4) to the
28 Protection Board is to be taken to be a reference
29 to the Minister; and
30 (b) rates recovered under section 61 after the
31 coming into operation of the Agriculture and
32 Related Resources Protection Amendment
page 24
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 54
1 Act 2010 section 28 are to be credited to the
2 Declared Pest Account.
3 125. Funds in, or payable to, former account
4 (1) In this section --
5 closure day means the day on which the Agriculture
6 and Related Resources Protection Amendment
7 Act 2010 section 32 comes into operation;
8 former account means the Declared Plants and
9 Animals Control Fund referred to in section 65 as in
10 force before the closure day.
11 (2) On the closure day any moneys standing to the credit
12 of the former account are to be credited to the Declared
13 Pest Account and the former account is then to be
14 closed.
15 (3) Moneys referred to in subsection (2) may be applied --
16 (a) in the payment of any liabilities of the former
17 account which arose before the closure day; and
18 (b) for the purposes set out in the Biosecurity and
19 Agriculture Management Act 2007 section 138.
20 (4) The Declared Pest Account is to be credited with any
21 money that became payable to the former account
22 before the closure day and that is paid after that day.
23 (5) If in an agreement, instrument or other document there
24 is a reference to the former account, that reference is,
25 unless the context otherwise requires, to be read and
26 have effect on and after the closure day as if it were a
27 reference to the Declared Pest Account.
28 126. Management programmes
29 A management programme made and published under
30 section 66 as in force before the commencement day
31 and in effect immediately before that day has effect on
page 25
Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 54
1 and after that day as if it were made and published
2 under that section by the Minister.
3 127. Notices
4 A notice given to the Protection Board under
5 section 74, 75 or 76 as in force before the
6 commencement day has effect on and after that day as
7 if it were a notice given under that section to the
8 Director General.
9 128. Permissions and authorities
10 (1) Permission granted by the Protection Board under
11 section 77 or 80 as in force before the commencement
12 day has effect on and after that day as if it were
13 permission granted under that section by the Director
14 General.
15 (2) A written authority given by the Protection Board
16 under section 79(2) as in force before the
17 commencement day has effect on and after that day as
18 if it were given under that section by the Director
19 General.
20 129. Transitional regulations
21 (1) If there is no sufficient provision in this Part for
22 dealing with a transitional matter, regulations may
23 prescribe all matters that are required or necessary or
24 convenient to be prescribed for dealing with the matter.
25 (2) In subsection (1) --
26 transitional matter means a matter that needs to be
27 dealt with for the purpose of effecting the transition
28 from an Act (including this Act) as enacted
29 immediately before the commencement day to the Act
30 as amended by the Agriculture and Related Resources
31 Protection Amendment Act 2010.
page 26
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 54
1 (3) Regulations made under subsection (1) may provide
2 that specified provisions of this Act as in force after the
3 commencement of the Agriculture and Related
4 Resources Protection Amendment Act 2010, or of
5 subsidiary legislation made under this Act, or of an Act
6 amended by the Agriculture and Related Resources
7 Protection Amendment Act 2010 --
8 (a) do not apply; or
9 (b) apply with specified modifications,
10 to or in relation to any matter.
11 (4) If regulations under subsection (1) provide that a
12 specified state of affairs is to be taken to have existed,
13 or not to have existed, on and from a day that is earlier
14 than the day on which the regulations are published in
15 the Gazette but not earlier than the commencement
16 day, the regulations have effect according to their
17 terms.
18 (5) In subsections (3) and (4) --
19 specified means specified or described in the
20 regulations.
21 (6) If regulations contain a provision referred to in
22 subsection (4), the provision does not operate so as
23 to --
24 (a) affect in a manner prejudicial to any person
25 (other than the State or an authority of the
26 State), the rights of that person existing before
27 the day of publication of those regulations; or
28 (b) impose liabilities on any person (other than the
29 State or an authority of the State) in respect of
30 anything done or omitted to be done before the
31 day of publication of those regulations.
32
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Agriculture and Related Resources Protection Amendment Bill 2010
Part 2 Agriculture and Related Resources Protection Act 1976
amended
s. 55
1 55. Various references to "Protection Board" amended
2 (1) In the provisions listed in the Table delete "Protection Board"
3 (each occurrence) and insert:
4
5 Minister
6
7 Table
s. 7(1) def. of declaration s. 7(1) def. of management
programme
s. 35(1) s. 36(1), (3) and (4)
s. 66(1), (3) and (4)(c) s. 99
8
9 (2) In the provisions listed in the Table delete "Protection Board"
10 (each occurrence) and insert:
11
12 Director General
13
14 Table
s. 7(1) def. of barrier fence s. 41(1) and (2)
s. 46(1) and (2) s. 48
s. 50(1)(b) s. 51(2a)
s. 54(5) s. 55(1) and (2)
s. 56(1) and (2) s. 68(3), (4) and (5)
s. 69(1) s. 71(2)
page 28
Agriculture and Related Resources Protection Amendment Bill 2010
Agriculture and Related Resources Protection Act 1976 Part 2
amended
s. 56
s. 74(1) s. 75(2)
s. 76(1) and (2) s. 77(2) and (4)
s. 79(2) s. 80(2) and (4)
s. 84(4) s. 106(1)(c), (d), (i) and (k)
1
2 56. Various penalties amended
3 Amend the provisions listed in the Table as set out in the Table.
4 Table
Provision Delete Insert
s. 48 $200 a fine of $20 000
s. 53 $500 a fine of $20 000
s. 68(6) $1 000 a fine of $50 000
s. 69(3) $500 a fine of $20 000
s. 70(3) $500 a fine of $20 000
s. 83A(2) $1 000 a fine of $50 000
s. 85(4) $2 000 a fine of $20 000
s. 87 $2 000 a fine of $20 000
s. 88 $1 500 a fine of $20 000
s. 92(6) $200 a fine of $20 000
page 29
Agriculture and Related Resources Protection Amendment Bill 2010
Part 3 Amendments to Biosecurity and Agriculture Management
(Repeal and Consequential Provisions) Act 2007
s. 57
1 Part 3 -- Amendments to Biosecurity and Agriculture
2 Management (Repeal and Consequential Provisions)
3 Act 2007
4 57. Act amended
5 This Part amends the Biosecurity and Agriculture Management
6 (Repeal and Consequential Provisions) Act 2007.
7 58. Section 2 amended
8 Delete section 2(3).
9 59. Section 30A inserted
10 At the end of Part 2 Division 6 Subdivision 1 insert:
11
12 30A. Firearms Act 1973 amended
13 (1) This section amends the Firearms Act 1973.
14 (2) Delete section 17B(3)(c) and insert:
15
16 (c) shall not use a silencer otherwise than in
17 conjunction with a .22 calibre rifle named and
18 identified in the Corporate Licence referred to
19 in subsection (7) for the purpose of shooting
20 birds that are declared pests under the
21 Biosecurity and Agriculture Management
22 Act 2007;
23
24 (3) In section 17B(8) delete the definition of agriculture
25 inspector and insert:
26
27 agriculture inspector means an inspector appointed
28 under the Biosecurity and Agriculture Management
29 Act 2007 section 162;
30
page 30
Agriculture and Related Resources Protection Amendment Bill 2010
Amendments to Biosecurity and Agriculture Management Part 3
(Repeal and Consequential Provisions) Act 2007
s. 60
1 60. Section 30 amended
2 In section 30 delete the definition of former account.
3 61. Sections 32 and 33 deleted
4 Delete sections 32 and 33.
5 62. Section 37 deleted
6 Delete section 37.
7 63. Section 38 deleted
8 Delete section 38.
9 64. Section 58 amended
10 (1) In section 58(1) delete the passage that begins with "to be
11 applied --" and continues to the end of paragraph (c) and insert:
12
13 (the cattle industry account)
14
15 (2) After section 58(1) insert:
16
17 (2A) Moneys credited to the cattle industry account as
18 referred to in subsection (1) are to be applied for the
19 following purposes --
20 (a) in the payment of compensation payable on an
21 application referred to in section 57 made under
22 the repealed Act;
23 (b) in the payment of any liabilities of the former
24 account which arose before the commencement
25 day;
26 (c) in the payment of the costs of the provision of,
27 or the promotion and encouragement of,
page 31
Agriculture and Related Resources Protection Amendment Bill 2010
Part 3 Amendments to Biosecurity and Agriculture Management
(Repeal and Consequential Provisions) Act 2007
s. 65
1 scientific research for the improvement of cattle
2 health and production;
3 (d) for the purposes set out in the regulations under
4 the BAM Act section 141 establishing the
5 account;
6 (e) for any other purpose that, in the opinion of the
7 management committee established for the
8 account, will promote and encourage the cattle
9 industry.
10
11 65. Section 92 deleted
12 Delete section 92.
13 66. Section 93 amended
14 Delete section 93(2) and insert:
15
16 (2) Section 32(c) is amended by deleting "for the purposes
17 of the Agriculture and Related Resources Protection
18 Act 1976 section 69" and inserting instead --
19 "
20 for the purposes of the Biosecurity and
21 Agriculture Management Act 2007 section 42
22 ".
23
page 32
Agriculture and Related Resources Protection Amendment Bill 2010
Amendments to other Acts Part 4
s. 67
1 Part 4 -- Amendments to other Acts
2 67. Aerial Spraying Control Act 1966 amended
3 (1) This section amends the Aerial Spraying Control Act 1966.
4 (2) In section 13A(1) delete "or the Agriculture Protection Board".
5 68. Biosecurity and Agriculture Management Act 2007 amended
6 (1) This section amends the Biosecurity and Agriculture
7 Management Act 2007.
8 (2) In section 138(a) delete "prescribed land in prescribed situations
9 (if any);" and insert:
10
11 areas for which the rates were collected under Division 1;
12
13 (3) In section 138(e) delete "section 139(3)." and insert:
14
15 section 139(3);
16
17 (4) After section 138(e) insert:
18
19 (f) for any purpose authorised under this Act or
20 another written law.
21
22 69. Firearms Act 1973 amended
23 (1) This section amends the Firearms Act 1973.
24 (2) In section 17B(1) delete "officer or employee of the Board" and
25 insert:
26
27 agriculture inspector
28
page 33
Agriculture and Related Resources Protection Amendment Bill 2010
Part 4 Amendments to other Acts
s. 69
1 (3) In section 17B(3):
2 (a) delete "officer or employee" and insert:
3
4 agriculture inspector
5
6 (b) delete paragraph (c) and insert:
7
8 (c) shall not use a silencer otherwise than in
9 conjunction with a .22 calibre rifle named and
10 identified in the Corporate Licence referred to
11 in subsection (7) for the purpose of shooting
12 birds that are --
13 (i) declared animals under the Agriculture
14 and Related Resources Protection
15 Act 1976; or
16 (ii) declared pests under the Biosecurity and
17 Agriculture Management Act 2007;
18 and
19
20 (c) after each of paragraphs (a), (b) and (d) insert:
21
22 and
23
24 (4) In section 17B(4):
25 (a) delete "officer or employee" and insert:
26
27 agriculture inspector
28
29 (b) delete "the Board" and insert:
30
31 the Director General
32
page 34
Agriculture and Related Resources Protection Amendment Bill 2010
Amendments to other Acts Part 4
s. 69
1 (5) After each of section 17B(5)(a) and (b) insert:
2
3 or
4
5 (6) In section 17B(6) delete "officer or employee of the Board" and
6 insert:
7
8 agriculture inspector
9
10 (7) In section 17B(7) delete "the Board" (each occurrence) and
11 insert:
12
13 the department
14
15 (8) In section 17B(8) delete the definitions of:
16 subsection
17 the Board
18 (9) In section 17B(8) insert in alphabetical order:
19
20 agriculture inspector means --
21 (a) an inspector appointed under the Biosecurity
22 and Agriculture Management Act 2007
23 section 162; or
24 (b) an authorised person as defined in the
25 Agriculture and Related Resources Protection
26 Act 1976 section 7(1);
27 department means the department principally assisting
28 in the administration of the Biosecurity and Agriculture
29 Management Act 2007;
30
page 35
Agriculture and Related Resources Protection Amendment Bill 2010
Part 4 Amendments to other Acts
s. 70
1 (10) In section 17B(8) in the definition of silencer delete "nature;"
2 and insert:
3
4 nature.
5
6 70. Plant Pests and Diseases (Eradication Funds) Act 1974
7 amended
8 (1) This section amends the Plant Pests and Diseases (Eradication
9 Funds) Act 1974.
10 (2) In section 4(1) delete the definitions of:
11 Department
12 Director
13 Protection Board
14 resistant grain insects
15 (3) In section 4(1) insert in alphabetical order:
16
17 Department means the department principally assisting
18 in the administration of this Act;
19 Director General means the chief executive officer of
20 the Department;
21 resistant grain insects means insects that belong to a
22 class of insects designated under subsection (3);
23
24 (4) After section 4(2) insert:
25
26 (3) The Minister may, for the purposes of the definition of
27 resistant grain insects in subsection (1), by notice
28 published in the Gazette designate any class of insects
29 that --
30 (a) have a detrimental effect on grain; and
page 36
Agriculture and Related Resources Protection Amendment Bill 2010
Amendments to other Acts Part 4
s. 70
1 (b) the Director General believes, on the basis of
2 reasonable evidence available to the Director
3 General, have a resistance to insecticides that
4 are in general use to such an extent as to render
5 those insecticides inadequate for the eradication
6 of those insects.
7 (4) The Minister may amend or revoke any designation
8 made under subsection (3).
9
10 (5) In section 9(5) delete "Board" and insert:
11
12 Director General
13
14 (6) In section 9(7) delete "Board" and insert:
15
16 Director General
17
18 (7) In section 13(4) delete "Director." and insert:
19
20 Director General.
21
22 (8) In the provisions listed in the Table delete "Protection Board"
23 (each occurrence) and insert:
24
25 Director General
26
27 Table
s. 6 s. 7(3)
s. 8(2) s. 8B
page 37
Agriculture and Related Resources Protection Amendment Bill 2010
Part 4 Amendments to other Acts
s. 71
s. 8E s. 8F(3)
s. 8G(2) s. 10
s. 12(2) s. 13(2) and (6)
1 71. Poisons Act 1964 amended
2 (1) This section amends the Poisons Act 1964.
3 (2) In section 32(c) delete "provided by section 69 of the
4 Agriculture and Related Resources Protection Act 1976 or
5 section 8(2) of the Agriculture Protection Board Act 1950," and
6 insert:
7
8 for the purposes of the Agriculture and Related
9 Resources Protection Act 1976 section 69,
10
11
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