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This is a Bill, not an Act. For current law, see the Acts databases.
ANIMAL DISEASES AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Territory and Municipal Services)
Animal
Diseases Amendment Bill 2009
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Territory and Municipal Services)
Animal Diseases
Amendment Bill 2009
A Bill for
An Act to amend the
Animal Diseases Act
2005
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Animal Diseases Amendment Act 2009.
This Act commences on the 7th day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Animal Diseases Act 2005.
substitute
3 Objects of Act
(1) The objects of this Act are to protect the health and welfare of
people and animals and to protect markets relating to animals and animal
products.
(2) Without limiting subsection (1), this Act achieves its objects
by—
(a) providing mechanisms for the detection, prevention and control of
outbreaks of endemic and exotic animal diseases in the ACT; and
(b) allowing the Territory to assist in the prevention and control of
outbreaks of endemic and exotic animal diseases in other jurisdictions within
Australia.
substitute
Part 2 Chief veterinary
officer
7 Appointment of chief veterinary
officer
(1) The chief executive may appoint a public servant as the Chief
Veterinary Officer.
(2) However, the chief executive must not appoint a person as chief
veterinary officer unless the person is a veterinary surgeon.
Note For the making of appointments (including acting appoints),
see the Legislation Act, pt 19.3.
8 Delegation by chief veterinary
officer
The chief veterinary officer may delegate the chief veterinary
officer’s functions under this Act or another territory law
to—
(a) a public servant; or
(b) a police officer; or
(c) an officer or employee of a State agency, if the functions of the
State agency relate, directly or indirectly, to the detection, prevention and
control of outbreaks of endemic and exotic animal diseases in the State;
or
Note State also includes the Northern Territory (see
Legislation Act, dict, pt 1).
(d) an employee of a Commonwealth agency, if the functions of the
Commonwealth agency relate, directly or indirectly, to the detection, prevention
and control of outbreaks of endemic and exotic animal diseases in the
Commonwealth.
Note 1 For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
Note 2 In exercising the delegation, the delegate is subject to any
conditions, limitations or directions in the instrument making or evidencing the
delegation (see Legislation Act, s 239).
6 Directions
to control spread of exotic diseaseSection
14 (1) (b)
substitute
(b) the owner or person in charge of premises, an animal product or other
thing to take a stated action to—
(i) decontaminate the premises, product or thing; or
(ii) prevent the premises, product or thing contaminating or infecting
anything else; or
substitute
(2) The chief veterinary officer may give a direction under
subsection (1) only if the officer has reasonable grounds for believing
that it is necessary to give the direction to prevent or control the spread of
an exotic disease.
8 Directions
to control spread of endemic diseaseSection
18 (1) (b)
substitute
(b) the owner or person in charge of premises, an animal product or other
thing to take stated action to—
(i) decontaminate the premises, product or thing; or
(ii) prevent the premises, product or thing contaminating or infecting
anything else; or
substitute
(2) The chief veterinary officer may give a direction under
subsection (1) only if the officer has reasonable grounds for believing
that it is necessary to give the direction to prevent or control the spread of
an endemic disease.
10 Exotic
disease quarantine areaSection 19
(1)
omit
a stated area
substitute
the Territory, or a stated area in the Territory,
11 Endemic
disease quarantine areaSection 20
(1)
omit
an area
substitute
the Territory, or a stated area in the Territory,
12 Offence—contravening
restriction in quarantine declarationNew
section 22 (2)
insert
(2) This section does not apply to a restriction on entry to, leaving or
movement within a quarantine area if—
(a) the person entering, leaving or moving within the quarantine area is
doing so to undertake an activity authorised under section 24A; and
(b) the entry, leaving or movement is in accordance with the conditions on
the authorisation.
13 New
sections 24A to 24C
insert
24A Authorisation for activity movements in
quarantine area
(1) The Minister may, in writing, authorise entry to, leaving or movement
within a quarantine area that would otherwise contravene a restriction stated in
the quarantine declaration.
Note See s 21 (d) for restrictions on entry to, leaving or movement
within a quarantine area.
(2) However, the Minister may only authorise the entry, leaving or
movement for a stated activity in a stated area.
(3) An authorisation under this section must state—
(a) the activity to which the authorisation applies; and
(b) the quarantine declaration to which the authorisation relates;
and
(c) the area to which the authorisation applies; and
(d) the conditions on entry to, leaving and movement within the area where
the activity is undertaken; and
(e) the conditions on the conduct of the activity; and
(f) the records relating to the activity that are required to be kept by
the person conducting the activity.
Examples—possible conditions on the
conduct of an activity
1 The organiser of an activity must register the activity with the chief
veterinary officer before the activity takes place.
2 The organiser of an activity must implement decontamination procedures
for the activity.
3 Participants in an activity must undertake the decontamination procedures
for the activity before leaving the area where the activity happens.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) An authorisation under this section—
(a) is given for the period, not longer than 1 year, stated in the
authorisation; and
(b) expires when the quarantine declaration to which the authorisation
relates is revoked.
(5) An authorisation is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(6) In this section:
activity means an activity involving the use of animals or
animal products.
Example
horse racing
24B Person conducting activity to comply with
conditions
A person commits an offence if—
(a) the person conducts an activity to which an authorisation under
section 24A applies; and
(b) a condition applying to the conduct of the activity is stated in the
authorisation; and
(c) the person fails to comply with the condition.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
24C Person conducting activity to keep
records
A person commits an offence if—
(a) the person conducts an activity to which an authorisation under
section 24A applies; and
(b) the person is required to keep a record stated in
section 24A (3) (f); and
(c) the person fails to keep the record for at least 1 year after the day
the authorisation expires.
Maximum penalty: 20 penalty units.
14 Removal
of refuse from quarantine areaSection 25
(2)
substitute
(2) The chief veterinary officer may give a direction under
subsection (1) only if the officer has reasonable grounds for believing
that it is necessary to give the direction to prevent or control the spread of
an exotic disease.
15 Destruction
of infected animals etc—endemic
diseaseSection 27 (2)
substitute
(2) The chief veterinary officer may give a direction under
subsection (1) only if the officer has reasonable grounds for believing
that it is necessary to give the direction to prevent or control the spread of
an endemic disease.
16 Destruction
of infected animals etc—exotic
diseaseSection 29 (2)
substitute
(2) The chief veterinary officer may give a direction under
subsection (1) only if the officer has reasonable grounds for believing
that it is necessary to give the direction to prevent or control the spread of
an exotic disease.
17 Selling,
disposing of or abandoning infected
animalsSection 35 (2) (e)
(ii)
omit
director’s
substitute
chief veterinary officer’s
18 Appointment
of authorised peopleSection 64
(1)
substitute
(1) The chief executive may appoint the following to be an authorised
person for this Act:
(a) a public servant;
(b) an officer or employee of a State agency, if the functions of the
State agency relate, directly or indirectly, to the detection, prevention and
control of outbreaks of endemic and exotic animal diseases in the State;
Note State also includes the Northern Territory (see
Legislation Act, dict, pt 1).
(c) an employee of a Commonwealth agency, if the functions of the
Commonwealth agency relate, directly or indirectly, to the detection, prevention
and control of outbreaks of endemic and exotic animal diseases in the
Commonwealth.
19 Power
to enter premisesSection 66 (8), definition
of at any reasonable time, new paragraph (c)
insert
(c) for a vehicle, includes—
(i) when the vehicle is in use on a road, or road related area or in
another place to which the public has access; or
(ii) if the vehicle is a trailer—when the vehicle is attached or
connected to a vehicle in use on a road, or road related area or in another
place to which the public has access, or is otherwise in use.
insert
87A Information exchange between
jurisdictions
(1) This section applies to any information collected in relation
to—
(a) detection, prevention and control of outbreaks of endemic and exotic
animal diseases in the ACT; and
(b) prevention and control of outbreaks of endemic and exotic animal
diseases in other jurisdictions within Australia.
(2) The chief executive may give the information to a corresponding
administrative agency for the purposes of the corresponding administrative
agency.
(3) This section is additional to any other Act that provides for
information to be given by, or to, a corresponding administrative
body.
(4) In this section:
agency—
(a) means—
(i) an administrative unit; or
(ii) a statutory office-holder; or
(iii) any other entity established for a
public purpose; and
(b) includes a member of, or a member of the staff of, the
agency.
corresponding administrative agency means the agency
responsible for the administration of a corresponding law in another
jurisdiction within Australia.
21 Regulation-making
powerSection 90 (2)
(o)
substitute
(o) declarations to be given by sellers of animals about the health and
welfare of the animals or farming practices, chemicals or biological products
used with the animals; or
insert
(4) In this section:
farming practices includes practices relating
to—
(a) disease management in animals; and
(b) the genetic modification of animals; and
(c) the breeding of animals.
insert
• State
24 Dictionary,
new definitions
insert
agency, of the Commonwealth or a State—
(a) means—
(i) an administrative unit of the Commonwealth
or State; or
(ii) a statutory office-holder of the Commonwealth or State; or
(iii) any other entity established for a
public purpose under a law of the Commonwealth or State; and
(b) includes a member of, or a member of the staff of, the
agency.
chief veterinary officer means the Chief Veterinary Officer
appointed under section 7.
25 Dictionary,
definition of director
omit
26 Further
amendments, mentions of director
omit
director
substitute
chief veterinary officer
in
• section 11
• section 13 (1)
• section 14 (1)
• section 17 (1)
• section 18 (1)
• section 24 (2)
• section 25 (1)
• section 27 (1) and (4)
• section 29 (1) and (4)
• section 32 (2)
• section 33 (2)
• section 35 (3)
• section 36 (2)
• section 41 (1)
• section 54
• section 60 (5)
• section 61
• section 64 (2)
• section 69 (1) (f) (iii)
• section 87
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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