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This is a Bill, not an Act. For current law, see the Acts databases.
An Act to amend the Animal Care and Protection Act 2001, the Animal Management (Cats and Dogs) Act 2008, the Biosecurity Act 2014, the Biosecurity Regulation 2016, the Chemical Usage (Agricultural and Veterinary) Control Act 1988, the Drugs Misuse Act 1986, the Exhibited Animals Act 2015, the Farm Business Debt Mediation Act 2017, the Fisheries Act 1994, the Food Production (Safety) Act 2000, the Forestry Act 1959, the Forestry Regulation 2015, the Nature Conservation Act 1992, the Racing Act 2002, the Rural and Regional Adjustment Act 1994, the State Penalties Enforcement Regulation 2014, the Summary Offences Act 2005, the Veterinary Surgeons Act 1936 and the legislation mentioned in schedule 1 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Agriculture and Other Legislation Amendment Act 2019.
(1) Part 2, division 3 and part 3, division 3 commence on 1 July 2020.
(2) Part 10, division 3 commences on a day to be fixed by proclamation.
This part amends the Animal Care and Protection Act 2001.
Section 17 (3) (b), after ‘animal’—
insert—
, including any confinement or transportation of the animal,
Section 18 (2) (f) (iii), examples for subparagraph (iii) —
insert—
• confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal
Section 19 (3) —
omit.
Section 85 —
omit.
Section 122 (1) —
insert—
(h) the inspector reasonably suspects an animal at the place has been abandoned.
(1) Section 125 (1), ‘This section’—omit, insert—Subsection (2)
(2) Section 125 (1) (a), ‘or (g)’—omit, insert—, (g) or (h)
(3) Section 125 —insert—(3) Subsection (4) applies if an inspector is intending to enter, under section 122(1)(h), a place.(4) The inspector may enter the place if the inspector, after making reasonable inquiries over a period of at least 2 days, can not contact the owner or occupier of the place for consent to enter.(5) However, the inspector is not required to make inquiries under subsection (4) if it would be unreasonable to make inquiries to contact the owner or occupier of the place.
(1) Section 152 (2) —insert—(aa) the inspector has given the chief executive information about a matter mentioned in section 154(2)(a), (b) or (c) but the chief executive has not decided, under that section, whether to forfeit the animal; or
(2) Section 152 (2) (aa) to (f) —renumber as section 152 (2) (b) to (g).
(3) Section 152 —insert—(2A) If subsection (2)(b) applies, the inspector must promptly return the animal to its owner if the chief executive—(a) does not make a decision within the period mentioned in section 154(5); or(b) decides that the animal should not be forfeited to the State.
(4) Section 152 (3), ‘(2)(c)’—omit, insert—(2)(d)
(5) Section 152 (4), ‘(2)(d)’—omit, insert—(2)(e)
(6) Section 152 (5), ‘(2)(e)’—omit, insert—(2)(f)
(7) Section 152 (6), ‘(2)(f)’—omit, insert—(2)(g)
Section 154 —
insert—
(5) The chief executive must decide whether to forfeit an animal or thing under this section within 14 days after an inspector or police officer gives the chief executive sufficient information about a matter mentioned in subsection (2)(a), (b) or (c) to enable the chief executive to make the decision.
Section 189 (3), ‘(2)(d)’—
omit, insert—
(2)(e)
After section 214A —
insert—
214B Confidentiality of information(1) This section applies to a person who—(a) is, or has been, any of the following—(i) the chief executive;(ii) an inspector;(iii) another person involved in administering this Act, including, for example, a public service employee; and(b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.(2) The person must not use or disclose the confidential information unless the use or disclosure is—(a) in the performance of a function or exercise of a power under this Act; or(b) with the consent of the person to whom the information relates; or(c) otherwise required or permitted by law.Maximum penalty—50 penalty units.(3) In this section—
"confidential information" —(a) means any information that—(i) could identify an individual; or(ii) is about a person’s current financial position or financial background; or(iii) would be likely to damage the commercial activities of a person to whom the information relates; but(b) does not include—(i) information that is publicly available; or(ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.
Section 215B (1), ‘ section 85 ’—
omit, insert—
section 214B
Section 215C, heading, after ‘laws’—
insert—
about giving information
After section 215C —
insert—
215D Chief executive (transport) must disclose information(1) This section applies if—(a) an inspector is reasonably satisfied that vehicle registry information may be used, in an investigation under this Act about an animal welfare offence, to identify—(i) the owner of a vehicle the inspector reasonably suspects was used in the commission of the offence; or(ii) a person whom the inspector reasonably suspects committed the offence; and(b) the inspector asks the chief executive (transport) for the information.(2) The chief executive (transport) must disclose the information to the inspector if the chief executive (transport) reasonably considers that the information may be used to identify the person or the owner of the vehicle.(3) In this section—
"chief executive (transport)" means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.
"vehicle registry information" means information kept in the register of registered vehicles under a regulation under the Transport Operations (Road Use Management) Act 1995.
215E Use of body-worn camera by authorised officer or inspector(1) It is lawful for an authorised officer or inspector to use a body-worn camera to record images or sounds while—(a) for an authorised officer—the authorised officer is exercising a power under chapter 5, part 4; or(b) for an inspector—the inspector is exercising a power under chapter 6, part 2.(2) Use of a body-worn camera by an authorised officer or inspector under subsection (1) includes use that is—(a) inadvertent or unexpected; or(b) incidental to use while exercising the authorised officer’s or inspector’s power.(3) Subsection (1) does not affect an ability the authorised officer or inspector has at common law or under another Act to record images or sounds.(4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an authorised officer or inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971, section 43(2)(d).(5) In this section—
"body-worn camera" means a device—(a) worn on clothing or otherwise secured on a person; and(b) designed to be used to—(i) record images; or(ii) record images and sounds.
Schedule—
insert—
"abandon", an animal, includes leaving it for an unreasonable period.
Section 92 (c) (i) to (iii) —
omit, insert—
(i) a sunscreen product; or(ii) an ingredient of a sunscreen product.
This part amends the Animal Management (Cats and Dogs) Act 2008.
Chapter 2B, part 4, heading, after ‘details’—
insert—
and form
(1) Section 43ZF, heading, after ‘details’—insert—and form
(2) Section 43ZF (1) —omit, insert—(1) A person who supplies a dog to another person must, unless the person has a reasonable excuse, give the other person—(a) a notice stating—(i) the name of the supplier of the dog; and(ii) the relevant supply number for the dog; and(b) a change of ownership form that is completed and signed by the supplier of the dog.Maximum penalty—50 penalty units.
(3) Section 43ZF (2), ‘ subsection (1) (b) ’—omit, insert—subsection (1)(a)(ii)
(4) Section 43ZF (3) —insert—
"change of ownership form", for a dog, means a form (however called), prepared by the relevant PPID registry service for the dog, that records details about the supply of the dog from one person to another person including, for example, the PPID number for the dog.
After section 209 —
insert—
209A Electronic notices(1) The chief executive may give a notice or other document to a person by electronic communication to an electronic address of the person if the person—(a) gave the address to the chief executive for the purpose of communicating with the person; and(b) has not asked the chief executive to discontinue use of the address.an email address or mobile phone number(2) This section does not limit the Electronic Transactions (Queensland) Act 2001.
(1) Section 81, heading, ‘under sch 1 ’—omit.
(2) Section 81, after ‘ schedule 1 ’—insert—, or prescribed by regulation,
Section 97 (1), after ‘8’—
insert—
, or prescribed by regulation,
Section 98 (1), from ‘sections’ to ‘8’—
omit, insert—
sections 2, 2A, 3(1)(b) and (2), 4 to 6 and 8, or prescribed by regulation,
(1) Section 210 (2) —insert—(da) permit conditions and conditions applying to declared dangerous dogs and declared menacing dogs; or
(2) Section 210 (2) (da) to (f) —renumber as section 210 (2) (e) to (g).
Schedule 1 —
insert—
2A Distinctive collar(1) A relevant dog must, at all times, wear a distinctive collar.(2) The collar must—(a) be of the dimensions, quality and type prescribed by regulation; and(b) comply with other requirements prescribed by regulation.
This part amends the Biosecurity Act 2014.
Section 23 —
insert—
(4) For subsection (1), carrying out an activity includes entering, being present at or leaving a place where biosecurity matter or a carrier is present.
Section 46A (6), after ‘control’—
insert—
or pest control
After section 130 —
insert—
130A Meaning of biosecurity zone map(1) A
"biosecurity zone map" is a map, identifying a biosecurity zone, held by the department and published on its website. A biosecurity zone map can generally be reduced or enlarged to show the exact location of the boundaries of a biosecurity zone identified on the map.(2) A reference to a particular biosecurity zone map by name is a reference to the biosecurity zone map of that name.
130B Amendment of particular biosecurity zone maps(1) This section applies if a biosecurity zone is identified, under biosecurity zone regulatory provisions (the
"relevant provisions"), by reference to a biosecurity zone map as in force from time to time.(2) The chief executive may amend the biosecurity zone map if the chief executive—(a) becomes aware that the regulated biosecurity matter to which the relevant provisions relate is present or absent in a particular area; or(b) is otherwise satisfied there has been a change in the distribution of the regulated biosecurity matter to which the relevant provisions relate.(3) The chief executive may amend the biosecurity zone map as often as the chief executive considers necessary to more accurately show the distribution of the regulated biosecurity matter.
130C Requirements in relation to identification of particular biosecurity zones(1) This section applies if—(a) a biosecurity zone is identified, under biosecurity zone regulatory provisions, by reference to a biosecurity zone map as in force from time to time; and(b) a new biosecurity zone map changing the area for the biosecurity zone is published on the department’s website.(2) The chief executive must ensure the new biosecurity zone map—(a) states the biosecurity zone to which the map relates; and(b) states the date and time the map was published on the department’s website.(3) As soon as practicable after the new biosecurity zone map is published on the department’s website, the chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the change of the area for the biosecurity zone are made aware of the making of the map, including, for example, by some or all of the following—(a) advertising in newspapers, on radio or on television;(b) electronically using emails, text messages or social media. SMS messaging in the area for the biosecurity zone
Section 172 (1) (a) (i), ‘address,’—
omit.
(1) Section 180 (c) —omit.
(2) Section 180 (d) and (e) —renumber as section 180 (c) and (d).
Section 194 (2) (b), (4) (b) and (5), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record
(1) Section 197 (2), after ‘record’—insert—or, if the record is kept in electronic form, the serial number for the electronic record,
(2) Section 197 (3), ‘copy or record’—omit, insert—copy, record or, if the record is kept in electronic form, serial number for the electronic record
(1) Section 198 (1) (c) and (2), after ‘record’, last mention—insert—or, if the record is kept in electronic form, the serial number for the electronic record
(2) Section 198 (3), from ‘as’ to ‘copy’—omit, insert—or the serial number for a record as required under subsection (2) must keep the copy or the serial number
(3) Section 198 (4) (c), after ‘record’, last mention—insert—or, if the record is kept in electronic form, the serial number for the electronic record
(4) Section 198 (7), from ‘movement record’ to ‘record’, last mention—insert—movement record or serial number for a record for a period under subsection (3), or a record or serial number for a record for a period under subsection (5), must, at any time in the period, produce the copy, record or serial number for the record
After section 337 —
insert—
337A Use of body-worn cameras(1) It is lawful for an authorised officer to use a body-worn camera to record images or sounds while the authorised officer is exercising a power under this chapter.(2) Use of a body-worn camera by an authorised officer under subsection (1) includes use that is—(a) inadvertent or unexpected; or(b) incidental to use while exercising the authorised officer’s power.(3) Subsection (1) does not affect an ability the authorised officer has at common law or under another Act to record images or sounds.(4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an authorised officer of a listening device, for the purposes of the Invasion of Privacy Act 1971, section 43(2)(d).(5) In this section—
"body-worn camera" means a device—(a) worn on clothing or otherwise secured on a person; and(b) designed to be used to—(i) record images; or(ii) record images and sounds.
Section 493 (4), definition
"confidential information" —
omit, insert—
"confidential information" —
(a) means any information that—(i) could identify an individual; or(ii) is about a person’s current financial position or financial background; or(iii) would be likely to damage the commercial activities of a person to whom the information relates; but
(b) does not include—(i) information that is publicly available; or(ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.
Chapter 19, part 2, heading, after ‘provisions’—
insert—
for Act No. 7 of 2014
Chapter 19 —
insert—
515 Proceedings for particular offences(1) This section applies in relation to an offence against the Biosecurity Regulation 2016, section 41C, as in force immediately before the commencement, committed by a person before the commencement.(2) Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Agriculture and Other Legislation Amendment Act 2019, section 46 had not commenced.(3) Subsection (2) applies despite the Criminal Code, section 11.
(1) Schedule 1, part 2, entry for avian mycoplasmosis (Mycoplasma synoviae)—omit.
(2) Schedule 1, part 7 —insert—pyriform scale (Protopulvinaria pyriformis)
Schedule 2, part 1, under heading ‘Restricted matter affecting plants’—
insert—
cucumber green mottle mosaic virus (Cucumber green mottle mosaic virus) | 1 | |
jack beardsley mealybug (Pseudococcus jackbeardsleyi (Gimpel and Miller)) | 1 | |
melon necrotic spot virus (Melon necrotic spot virus) | 1 |
(1) Schedule 4 —insert—
"biosecurity zone map" see section 130A.
(2) Schedule 4, definition
"owner," second mention, paragraph 1, after ‘thing’—insert—, other than a cat or dog,
(3) Schedule 4, definition
"owner," second mention—insert—3 The
"owner" of a cat or dog is the person who is, under the Animal Management (Cats and Dogs) Act 2008, the owner of the cat or dog.
(4) Schedule 4, definition
"travel approval", ‘ section 180 (e) ’—omit, insert—section 180(d)
This part amends the Biosecurity Regulation 2016.
Chapter 2, part 1 —
omit.
Chapter 2, part 10 —
omit.
Section 45 —
omit.
Section 66 (4), definition
"fire ant biosecurity zone map" —
omit, insert—
"fire ant biosecurity zone map" means the biosecurity zone map called ‘Fire ant biosecurity zone map’ as in force from time to time.
See also section 130C of the Act about requirements in relation to identification of particular biosecurity zones.
Chapter 5 —
insert—
94F Definitions for part In this part—
"biosecurity management plan" see section 94G(1) and (2).
"management area", for a biosecurity management plan, means an area to which measures stated in the plan apply.
94G Biosecurity management plan(1) A registered biosecurity entity for a designated place may make a plan (a
"biosecurity management plan") stating reasonable measures to prevent, control or stop the spread of biosecurity matter into, at or from the place.(2) The holder of an exhibited animal authority may make a plan (also a
"biosecurity management plan") stating reasonable measures to prevent, control or stop the spread of biosecurity matter into, at or from a place where an exhibited animal is kept under the authority.(3) The measures stated in a biosecurity management plan for a place may apply to all or part of the place.(4) If an entity mentioned in subsection (1) or (2) makes a biosecurity management plan for a place, the entity must—(a) keep the plan as a separate document at the place; and(b) make the plan available for inspection at the place, on request, during ordinary business hours; and(c) ensure a sign is conspicuously displayed at each management area for the plan stating that—(i) a biosecurity management plan applies to the place; and(ii) it is an offence for a person entering, present at, or leaving the management area to fail to comply with the measures stated in the plan unless the person has a reasonable excuse.(5) In this section—
"exhibited animal" see the Exhibited Animals Act 2015, section 14.
"exhibited animal authority" see the Exhibited Animals Act 2015, section 29.
94H Requirement to comply with biosecurity management plan(1) A person entering, present at or leaving a management area for a biosecurity management plan must comply with the measures stated in the plan.(2) However, subsection (1) does not apply if—(a) the person does not know, and could not reasonably have known, a biosecurity management plan applied to the management area; or(b) the entity that made the biosecurity management plan is not complying with section 94G(4); or(c) the person is required or permitted, under an Act, to enter the management area.
Section 98 (e), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 99 (e), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 100 (e), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 101 (1) (e) (iii), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 102 (d), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 103 (e), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 106 (2) (d), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 107 (2) (d), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 108 (1) (d), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 109 (e), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 110 (f), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 111 (2) (e), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 112 (2) (e), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 113 (e), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Section 114 (e), after ‘record’—
insert—
or, if the record is kept in electronic form, the serial number for the electronic record,
Schedule 1 —
omit.
(1) Schedule 11, definitions
"biosecurity management plan",
"biosecurity zone map" and
"management area" —omit.
(2) Schedule 11
"" —insert—
"biosecurity management plan", for chapter 5, part 13, see section 94G(1) and (2).
"management area", for chapter 5, part 13, see section 94F.
This part amends the Chemical Usage (Agricultural and Veterinary) Control Act 1988.
Part 2, division 4 —
insert—
13F Definition for division In this division—
"relevant thing" means any of the following—(a) agricultural produce;(b) manufactured stock food;(c) the tissue of a trade species animal;(d) a product derived from a trade species animal.
Sections 15 and 15A —
omit, insert—
15 Duty to report chemical residues in or on relevant thing(1) This section applies to a person if the person becomes aware that the residue of a chemical in or on a relevant thing is more than the maximum residue limit prescribed for the thing.• a person conducting an analysis of a relevant thing• a veterinary surgeon who treats a trade species animal• a person who monitors the residue of chemicals on agricultural produce for a supermarket or grocery store• a farmer who receives a report of an analysis of agricultural produce from a laboratory based outside Queensland(2) As soon as practicable but within 24 hours after becoming aware, the person must—(a) advise the standards officer that the residue of a chemical in or on the relevant thing exceeds the maximum residue limit prescribed for the thing; and(b) give the standards officer the required information for the relevant thing.Maximum penalty—40 penalty units.(3) However, the person is not required to comply with subsection (2) if the person becomes aware, before the person would otherwise be required to advise the standards officer under the subsection, that another person has advised the standards officer as required under subsection (2). A person would not be required to advise the standards officer that the residue of a chemical in or on a relevant thing exceeds the maximum residue limit prescribed for the thing if a person who conducted an analysis of the thing had already advised the standards officer about it as soon as the results of the analysis were known.(4) A person complies with subsection (2)(b) if the person gives the standards officer a laboratory report about the residue of a chemical in or on a sample of the relevant thing that contains all of the required information for the relevant thing.(5) However, if the laboratory report does not contain all of the required information for the relevant thing, the person only complies with subsection (2)(b) if the person also gives the standards officer—(a) the required information that is not contained in the laboratory report for the relevant thing; and(b) sufficient information for the standards officer to identify the laboratory report to which the required information mentioned in paragraph (a) relates. the sample number for the relevant thing the subject of the laboratory report(6) In this section—
"distinguishing number", for a relevant thing, includes a number with 1 or more letters or symbols.
"laboratory number", for a relevant thing, means the distinguishing number given to a sample of the thing by a laboratory that analysed the thing.
"required information", for a relevant thing, means the following information about the thing—(a) a description of the relevant thing;(b) if the relevant thing has a sample number—the sample number;(c) if the relevant thing has a laboratory number—the laboratory number;(d) the name of the residue of the chemical in or on the relevant thing;(e) the concentration of the residue of the chemical in or on the relevant thing;(f) the maximum residue limit prescribed for the residue of the chemical in or on the relevant thing;(g) the name and address of the person who manufactured or produced the relevant thing;(h) if the information mentioned in paragraph (g) is not reasonably available—the name and address of the person from whom the relevant thing was obtained.
"sample number", for a relevant thing, means a distinguishing number given to the sample of the thing by a person who made the sample of the thing.
Section 16 (7), definition
"relevant thing" —
omit.
After section 20 —
insert—
20A Use of body-worn cameras(1) It is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this Act.(2) Use of a body-worn camera by an inspector under subsection (1) includes use that is—(a) inadvertent or unexpected; or(b) incidental to use while exercising the inspector’s power.(3) Subsection (1) does not affect an ability the inspector has at common law or under another Act to record images or sounds.(4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971, section 43(2)(d).(5) In this section—
"body-worn camera" means a device—(a) worn on clothing or otherwise secured on a person; and(b) designed to be used to—(i) record images; or(ii) record images and sounds.
After section 34 —
insert—
35 Confidentiality of information(1) This section applies to a person who—(a) is, or has been, any of the following—(i) the chief executive;(ii) an inspector;(iii) an analyst;(iv) a standards officer;(v) a deputy standards officer;(vi) another person involved in administering this Act, including, for example, a public service employee; and(b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.(2) The person must not use or disclose the confidential information unless the use or disclosure is—(a) in the performance of a function or exercise of a power under this Act; or(b) with the consent of the person to whom the information relates; or(c) otherwise required or permitted by law.Maximum penalty—50 penalty units.(3) In this section—
"confidential information" —(a) means any information that—(i) could identify an individual; or(ii) is about a person’s current financial position or financial background; or(iii) would be likely to damage the commercial activities of a person to whom the information relates; but(b) does not include—(i) information that is publicly available; or(ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.
36 Exchange of information with prescribed government entity(1) The chief executive may enter into an arrangement (an
"information-sharing arrangement") with a prescribed government entity for the purpose of sharing or exchanging information—(a) held by the chief executive or the prescribed government entity; or(b) to which the chief executive or the prescribed government entity has access.(2) An information-sharing arrangement may relate only to information that helps—(a) the chief executive or an inspector perform functions under this Act; or(b) the prescribed government entity, or a person employed or engaged by the entity, perform functions under a law of the State, another State or the Commonwealth.(3) Under an information-sharing arrangement, the chief executive and the prescribed government entity are, despite another Act or law, authorised to—(a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and(b) disclose information to the other party.(4) However, the information may be used by the chief executive or the prescribed government entity only for the purpose for which it was given under the arrangement.(5) In this section—
"prescribed government entity" means—(a) the chief executive of a department; or(b) an entity of, or representing, the Commonwealth or another State.
Schedule—
insert—
"relevant thing", for part 2, division 4, see section 13F.
This part amends the Drugs Misuse Act 1986.
After section 101 —
insert—
101A Use of body-worn cameras(1) It is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this division.(2) Use of a body-worn camera by an inspector under subsection (1) includes use that is—(a) inadvertent or unexpected; or(b) incidental to use while exercising the inspector’s power.(3) Subsection (1) does not affect an ability the inspector has at common law or under another Act to record images or sounds.(4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971, section 43(2)(d).(5) In this section—
"body-worn camera" means a device—(a) worn on clothing or otherwise secured on a person; and(b) designed to be used to—(i) record images; or(ii) record images and sounds.
After section 112 —
insert—
113 Confidentiality of information(1) This section applies to a person who—(a) is, or has been, any of the following—(i) the chief executive;(ii) an inspector;(iii) another person involved in administering this Act, including, for example, a public service employee; and(b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this part.(2) The person must not use or disclose the confidential information unless the use or disclosure is—(a) in the performance of a function or exercise of a power under this Act; or(b) with the consent of the person to whom the information relates; or(c) otherwise required or permitted by law.Maximum penalty—50 penalty units.(3) In this section—
"confidential information" —(a) means any information that—(i) could identify an individual; or(ii) is about a person’s current financial position or financial background; or(iii) would be likely to damage the commercial activities of a person to whom the information relates; but(b) does not include—(i) information that is publicly available; or(ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.
This part amends the Exhibited Animals Act 2015.
After section 22 —
insert—
22A Duty of other persons in relation to general exhibition and dealing obligation(1) This section applies to a person (a
"relevant person") on private land or at a public place where a responsible person for an exhibited animal is discharging a general exhibition and dealing obligation in relation to the animal.(2) The relevant person must—(a) take reasonable care that the relevant person’s acts or omissions do not cause or increase a relevant risk associated with exhibiting or dealing with the exhibited animal; and(b) comply, so far as the person is reasonably able, with any reasonable instruction that is given by the responsible person to allow the responsible person to comply with that person’s general exhibition and dealing obligation in relation to the exhibited animal.Maximum penalty—100 penalty units.
After section 188 —
insert—
188A Application of division This division applies if an inspector reasonably believes, or is aware, that a person is contravening section 22A on private land or at a public place.
188B Power to direct person to move(1) The inspector may, to stop the contravention, direct the person—(a) if the person is on private land—to leave the land immediately; or(b) if the person is at a public place—to move immediately away from the place where the contravention of section 22A is happening to a place within a reasonable distance.(2) When giving the direction under subsection (1), the inspector must—(a) tell the person the reasons for giving the direction; and(b) give the person an offence warning for the direction.
188C Failure to comply with direction(1) The person to whom a direction is given under section 188B must comply with the direction unless the person has a reasonable excuse. Maximum penalty—100 penalty units.(2) It is a reasonable excuse for the person not to comply with a direction if to comply immediately would endanger the person or someone else or cause loss or damage to property, and the person complies as soon as it is practicable to do so.(3) Subsection (2) does not limit what may be a reasonable excuse for subsection (1).(4) A person does not commit an offence against subsection (1) if the person is not given an offence warning for the direction.
Chapter 6, part 4, division 4 —
insert—
222A Use of body-worn cameras(1) It is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this chapter.(2) Use of a body-worn camera by an inspector under subsection (1) includes use that is—(a) inadvertent or unexpected; or(b) incidental to use while exercising the inspector’s power.(3) Subsection (1) does not affect an ability the inspector has at common law or under another Act to record images or sounds.(4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971, section 43(2)(d).(5) In this section—
"body-worn camera" means a device—(a) worn on clothing or otherwise secured on a person; and(b) designed to be used to—(i) record images; or(ii) record images and sounds.
Section 256 (4), definition
"confidential information" —
omit, insert—
"confidential information" —
(a) means any information that—(i) could identify an individual; or(ii) is about a person’s current financial position or financial background; or(iii) would be likely to damage the commercial activities of a person to whom the information relates; but
(b) does not include—(i) information that is publicly available; or(ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.
After section 260 —
insert—
260A Electronic notices(1) The chief executive may give a notice or other document to a person by electronic communication to an electronic address of the person if the person—(a) gave the address to the chief executive for the purpose of communicating with the person; and(b) has not asked the chief executive to discontinue use of the address.an email address or mobile phone number(2) This section does not limit the Electronic Transactions (Queensland) Act 2001.
Schedule 2 —
insert—
"private land" means land that is not a public place.
This part amends the Farm Business Debt Mediation Act 2017.
Section 8 (2) (d), ‘owned by the farmer’—
omit.
(1) Section 11 (1) (a), ‘a bankrupt’—omit, insert—an insolvent under administration under the Corporations Act, section 9
(2) Section 11 (1) (b), ‘a bankruptcy law’—omit, insert—the Bankruptcy Act 1966 (Cwlth) or a corresponding law of another jurisdiction, including a jurisdiction outside Australia
(3) Section 11 (1) (c), from ‘an’ to ‘(Cwlth)’—omit, insert—a Chapter 5 body corporate within the meaning of the Corporations Act, section 9
Section 15 (4) (a), ‘a mediator, or’—
omit.
After section 25 —
insert—
25A Mediator may invite other participants to mediation(1) This section applies if a mediator is arranging or conducting a mediation and reasonably considers that a relevant person should be allowed to be at, or participate in, a mediation meeting.(2) The mediator may invite the relevant person to be at, or participate in, the mediation meeting. See also section 37(2)(c).(3) A relevant person is not obliged to accept an invitation under subsection (2).(4) In this section—
"relevant person", for a mediation, means a person, other than the mortgagee or farmer for the mediation, who—(a) has a legal or equitable interest in the farm property that is subject to the farm mortgage the subject of the mediation; or(b) has a potential or actual liability for the farm business debt the subject of the mediation. a guarantor of a loan
(1) Section 49 (1) (a), after ‘debt’—insert—conducted under this Act
(2) After section 49 (1) (a) —insert— See also section 92 about the application of this Act.
(1) Section 53 (2), after ‘mediate’—insert—, and is taken to not intend to mediate,
(2) Section 53 (2) (a), ‘15’—omit, insert—20
(1) Section 60 (3) (a), ‘a bankrupt’—omit, insert—an insolvent under administration under the Corporations Act, section 9
(2) Section 60 (3) (b) —omit, insert—(b) an officer of a Chapter 5 body corporate within the meaning of the Corporations Act, section 9.
Section 92 (2) (a), ‘a heads of agreement’—
omit, insert—
an agreement (however called) in writing
(1) Schedule 1, definitions
"bankrupt",
"bankruptcy law" and
"farmer" —omit.
(2) Schedule 1 —insert—
"farmer" means—(a) a person or entity whose sole or main business is a farming business; or(b) a person or entity who is the owner of land the subject of a sharefarming agreement; or(c) a person or entity who has applied, and is eligible, for a loan under a program administered by the authority to provide finance to persons in the first years of establishing a farming business; or(d) a person who is the personal representative of a dead individual mentioned in paragraph (a), (b) or (c).
This part amends the Fisheries Act 1994.
Section 35 —
insert—
(3) In this section—
"waters" includes foreshores and nontidal land.
Schedule, definition
"fisheries legislation", paragraph (d), after ‘another State’—
insert—
, or a former law of the Commonwealth (other than an Act mentioned in paragraph (b) or (c))
Section 78 (1) —
omit, insert—
(1) A person must not—(a) take or possess a regulated fish in contravention of a regulated fish declaration; or(b) use or sell a regulated fish taken or possessed in contravention of a regulated fish declaration.
This part amends the Food Production (Safety) Act 2000.
Section 16B (2) (b), ‘the advisory’—
omit, insert—
an advisory
After section 16E —
insert—
16EA Acting chairperson(1) The Minister may appoint a director to act as the chairperson of the board during—(a) any vacancy, or all vacancies, in the office of the chairperson; or(b) any period, or all periods, when the chairperson is absent from duty, or cannot, for another reason, perform the duties of the office.(2) Subsection (1) does not affect the application of the Acts Interpretation Act 1954, section 24B or 25 for the appointment.
After section 20 —
insert—
20A Acting chief executive officer(1) The board may appoint a person, who is eligible for appointment as chief executive officer, to act in the office of Safe Food’s chief executive officer during—(a) any vacancy, or all vacancies, in the office; or(b) any period, or all periods, when the chief executive officer is absent from duty, or cannot, for another reason, perform the duties of the office.(2) Subsection (1) does not affect the application of the Acts Interpretation Act 1954, section 24B or 25 for the appointment.
Section 21 (1) (c), from ‘the advisory’ to ‘subcommittees’—
omit, insert—
any advisory committee
Part 3 —
omit.
(1) Section 39 (3) and (4) —omit.
(2) Section 39 (5) and (6) —renumber as section 39 (3) and (4).
Section 62 (4) —
omit.
After section 132 —
insert—
132A Advisory committees(1) The Minister may establish the advisory committees the Minister considers appropriate for this Act.(2) An advisory committee has the functions the Minister decides.
Part 11 —
insert—
140V Food Safety Advisory Committee(1) On the commencement, the Food Safety Advisory Committee established under part 3, as in force before the commencement, is dissolved and the members of the committee go out of office.(2) No compensation is payable to a member of the committee because of subsection (1).
Schedule 1, after section 4 —
insert—
4A Resignation of director A director may resign by signed written notice given to the Minister.
Schedule 1, section 10 —omit, insert—10 Delegations(1) A director mentioned in section 16C(1)(a) or (b) may delegate the director’s functions under this Act to an appropriately qualified senior executive in the public service.(2) In this section—
"function" includes power.
(1) Schedule 2, definition
"advisory committee" —omit.
(2) Schedule 2, definition
"chairperson", ‘, other than for section 27 (2),’—omit.
This part amends the Forestry Act 1959.
(1) Section 32B, table, entry for Yurol, column 2, ‘Lots D, E & I’—omit, insert—Lot I
(2) Section 32B, table, entries for Oakview and Watalgan—omit.
Section 46 (3) and (4) —
omit.
(1) Section 72 (1) and (1A) —omit, insert—(1) This section applies if the chief executive reasonably believes stock are unlawfully in, and are detrimental to, a State forest, timber reserve, forest entitlement area or forest consent area (each an
"affected area").(1A) The chief executive may conduct a muster of the stock in the affected area.(1AA) However, the chief executive must give each relevant landholder for the affected area and each person the chief executive reasonably believes is the owner of the stock a notice stating the chief executive intends to conduct the muster on a stated day.(1AB) The notice must be given at least 5 business days before the stated day.(1AC) A relevant landholder for an area may be present at and take part in the muster.(1AD) The chief executive may issue a permit to muster stock to a person for the purposes of the muster.
(2) Section 72 (6) (b), from ‘shall’ to ‘persons’—omit, insert—must be dealt with in the way stated under subsection (6A)
(3) Section 72 —insert—(6A) For subsection (6)(b), stock must be dealt with as follows—(a) the chief executive must give each relevant landowner and each person the chief executive reasonably believes is the owner of the stock a notice stating that—(i) the owner may claim the stock within 14 days after the notice is given (the
"claim period"); and(ii) the stock may be disposed of if not claimed within the claim period;(b) if, after having been given a notice under paragraph (a), the owner of the stock does not claim it within the claim period, the chief executive may sell, destroy or otherwise dispose of the stock in the way the chief executive considers appropriate.
(4) Section 72 —insert—(9) In this section—
"relevant landholder", for an affected area, means a landholder of land that adjoins the affected area.
(1) Section 82A (1) —omit, insert—(1) A forest officer may seize, remove and detain a vehicle on a State forest or timber reserve if the forest officer reasonably believes the vehicle—(a) is being, or has been, used in contravention of section 73; or(b) is being, or has been used, in connection with an offence against section 34G; or(c) has been abandoned.
(2) Section 82A (2) (b), after ‘ subsection (1) ’—insert—(a) or (b)
After section 82M —
insert—
82N Seizure of vehicles by plantation officer(1) A plantation officer may seize, remove and detain a vehicle in a licence area for which the plantation officer is appointed if the plantation officer reasonably believes the vehicle has been abandoned in the area.(2) However, subsection (3) applies if—(a) the owner of, or a person who claims a proprietary interest in, a vehicle detained under subsection (1) provides evidence of the person’s ownership of, or interest in, the vehicle to a plantation officer at the place where the vehicle is detained; and(b) the plantation officer is satisfied the person is the owner of, or has a proprietary interest in, the vehicle.(3) The plantation officer must return the vehicle to the person.(4) The plantation officer must ensure a person to whom a vehicle is returned under subsection (3) signs a receipt for the vehicle.
82O Chief executive may order forfeiture of particular vehicles to plantation licensee(1) This section applies if—(a) a vehicle is seized under section 82N(1); and(b) the owner of the seized vehicle can not be found after reasonable inquiries or, having regard to its value, it is not reasonable to make inquiries about its owner.(2) The chief executive may order the forfeiture of the vehicle to the plantation licensee.(3) The plantation licensee may dispose of the vehicle in any way decided by the plantation licensee.
Section 83 (1), after ‘forfeited’—
insert—
to the State
Section 96B —
insert—
(1A) Also, without limiting section 96A, the chief executive may delegate the chief executive’s functions under section 82O to a plantation licensee.
This part amends the Forestry Regulation 2015.
(1) Schedule 2, entry for Lots A, B, C, D, E, F, G, H, I and J on PLP0207, ‘C, D, E, F,’—omit.
(2) Schedule 2, entry for Lots A, B and C on PLP0220, ‘Lots A, B and C’—omit, insert—Lot A
(3) Schedule 2, entry for Lot A on PLP0898—omit.
This part amends the Nature Conservation Act 1992.
After section 132A —
insert—
132B Decision about prescription of wildlife in particular circumstances(1) This section applies if the species technical committee makes a recommendation to the Minister about the classification of particular native wildlife.(2) Within 30 business days after receiving the recommendation from the committee, the Minister must decide whether to recommend to the Governor in Council the making of a regulation under part 5, division 2 prescribing the native wildlife to be a particular class of wildlife.(3) In this section—
"species technical committee" means the advisory committee, established under section 132, that has the function of advising the Minister on the classification of wildlife.
This part amends the Racing Act 2002.
After section 113 —
insert—
113A Application of rules of racing(1) In applying the rules of racing for a code of racing, if a rule provides for an entity to perform a function that is a function of the commission, or take action in a matter relevant to the performance of a function of the commission, the commission and not the entity may perform the function or take the action, including—(a) appointing stewards; and(b) penalising participants.See section 10 of the Racing Integrity Act 2016. appointing starters and judges, regulating matters relating to breeding, issuing warning off notices, licensing bookmakers, prohibiting substances and licensing animals(2) Without limiting subsection (1), in applying the rules of racing for a code of racing, a reference to the ‘Principal Racing Authority’, ‘control body’, ‘controlling body’ or ‘Racing Queensland’ in a rule about a matter relevant to the performance of a function of the commission is taken to be a reference to the commission.
After section 224 —
insert—
225 Application of s 113A for all purposes and validation of relevant acts(1) Without limiting the standard, section 113A is taken to have applied from the expiry of the Racing (Transitional) Regulation 2016 for all purposes, including for the purpose of any of the following that has been done, or is done, under this Act—(a) appointing starters and judges;(b) regulating matters relating to breeding;(c) issuing warning off notices;(d) licensing bookmakers;(e) prohibiting substances;(f) licensing animals.The Racing (Transitional) Regulation 2016 expired on 1 July 2017.(2) The standard expires on the commencement.(3) In this section—
"standard" means the standard called ‘Powers under the Rules of Racing: A standard to clarify the powers and functions under the Rules of Racing in accordance with the provisions of the Racing Act 2002 and Racing Integrity Act 2016 ’ made by the commission under section 58(1)(b) of the Racing Integrity Act and dated 1 July 2017.
226 Validation of particular acts and omissions done before commencement(1) An act done, or omission made, under this Act in the relevant period, is declared to be, and to have always been, as valid and lawful as it would have been if section 113A were in force at the time of the act or omission.(2) In this section—
"relevant period" means the period starting on 1 July 2017 and ending on the commencement.
This part amends the Rural and Regional Adjustment Act 1994.
After section 16C —
insert—
16CA Acting chairperson(1) The Minister may appoint any director of the board to act as the chairperson of the board during—(a) any vacancy, or all vacancies, in the position; or(b) any period, or all periods, when the chairperson is absent from duty, or can not, for another reason, perform the chairperson’s responsibilities.(2) Subsection (1) does not affect the application of the Acts Interpretation Act 1954, section 24B or 25 for the appointment.
After section 32 —
insert—
32A Resignation The chief executive officer may resign by signed written notice given to the Minister.
This part amends the State Penalties Enforcement Regulation 2014.
(1) Schedule 1, entry for Biosecurity Act 2014, entry for section 24 (1), as affected by section 25, in the circumstances in paragraph (b) (iii) of the penalty, if the failure to discharge the general biosecurity obligation is because of a contravention of the Biosecurity Regulation 2016 —insert—
• s 94H(1) 5 -
(2) Schedule 1, entry for Biosecurity Regulation 2016 —omit.
(3) Schedule 1, entry for Summary Offences Act 2005, entry for section 13 (1), column 2, ‘1’—omit, insert—2
(4) Schedule 1, entry for Summary Offences Act 2005, entry for section 13 (2), ‘s 13(2)’—omit, insert—s 13(3)
This part amends the Summary Offences Act 2005.
(1) Section 10A (1) (b) —omit, insert—(b) the conduct of them taken together would cause a person in the vicinity—(i) to reasonably fear that unlawful violence will be used to a person or property; or(ii) if the conduct happens on land mentioned in section 13(1)—to believe, on reasonable grounds, that the conduct—(A) poses a risk to the health or safety of a person; or(B) poses a risk to the welfare of an animal; or(C) poses a biosecurity risk as defined under the Biosecurity Act 2014; or(D) is likely to cause economic loss to a business carried out on the land; or conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product(E) poses a risk to the safety of food produced for human or animal consumption.
(2) Section 10A (2) (c), from ‘who’—omit, insert—who—(i) holds the fear mentioned in subsection (1)(b)(i); or(ii) has the belief mentioned in subsection (1)(b)(ii)(A), (B), (C), (D) or (E).
(3) Section 10A —insert—(2A) Subsections (1)(b)(ii) and (2)(c)(ii) apply subject to the Industrial Relations Act 2016.
Section 13 —
omit, insert —
13 Unlawfully entering or remaining on particular land(1) A person must not unlawfully enter, or remain on, land used for—(a) an agricultural activity; or(b) an animal husbandry activity; or(c) a holding facility; or(d) a food production facility, including, for example, a facility that produces food for animal consumption; or(e) the exhibition of animals. wildlife park or zooMaximum penalty—20 penalty units or 12 months imprisonment.(2) Subsection (1) applies whether or not the person lawfully entered the land.(3) A person must not unlawfully open, and leave open, any gate, fence or other barrier that encloses all or part of enclosed land used for—(a) an agricultural activity; or(b) an animal husbandry activity; or(c) a holding facility; or(d) a food production facility, including, for example, a facility that produces pet food; or(e) the exhibition of animals. wildlife park or zooMaximum penalty—10 penalty units or 6 months imprisonment.(4) This section does not prevent an authorised industrial officer entering a workplace in accordance with the terms of the person’s appointment as an authorised industrial officer.(5) In this section—
"agricultural activity" includes—(a) cultivating soil; and(b) broadcasting seed to establish an improved pasture; and(c) planting, gathering or harvesting a crop, including a food or fibre crop; and(d) growing non-indigenous grasses, legumes or forage cultivars; and(e) horticulture or viticulture activities.
"animal husbandry activity" includes—(a) breeding, keeping, raising or caring for animals, for commercial purposes; and(b) establishing or operating a dairy, feedlot, piggery or animal saleyard; and(c) grazing animals; and(d) aquaculture; and(e) beekeeping; and(f) poultry farming of more than 100 birds; and(g) testing or inoculation of animals, including using diagnostic agents, serums and vaccines.
"exhibit", an animal, includes display the animal at a private event.
"holding facility" means a place where 1 or more types of animal are regularly or periodicallyheld or kept on a temporary basis, including, for example, any of the following—(a) a local government reserve or commonage;(b) a pound;(c) an animal refuge;(d) a meat processing facility;(e) a live export holding;(f) a showground for animals;(g) a sporting ground for animals;(h) a stock route.
"live export holding" means—(a) a depot for the live export of animals; or(b) an embarkation point for the export of live animals.
"meat processing facility" means an abattoir or other facility at which animals are killed for meat for trade or commerce.
"stock route" see the Stock Route Management Act 2002, schedule 3.
This part amends the Veterinary Surgeons Act 1936.
(1) Section 8, heading, ‘triennial election’—omit, insert —elections of members
(2) Section 8 (1), ‘shall be a triennial’—omit, insert —must be an
(3) Section 8 (2), ‘in every third year’—omit.
(4) Section 8 (3), ‘no later than 30 June’—omit, insert —within the period that is more than 6 months, but not more than 1 year, before the term of appointment of the elected members of the board ends
Schedule 1 amends the legislation it mentions.
omit, insert—
(Queensland) Limited
omit, insert—
(Queensland) Limited
omit, insert—
(Queensland) Limited
omit, insert—
PPIDs
omit, insert—
maize or
omit, insert—
Approval
omit, insert—
division 5
omit, insert—
subsection (1)(g)(i)
omit, insert—
Biosecurity Act 2014, section 23 to take all reasonable and practical measures to prevent or minimise a biosecurity risk within the meaning of that Act
renumber as paragraphs (c) and (d).
insert—
ought
omit, insert—
(Queensland) Limited
insert—
insert—
provision
omit.
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