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AGRICULTURE ACTS (AMENDMENT) BILL 1998

                    PARLIAMENT OF VICTORIA

         Agriculture Acts (Amendment) Act 1998
                                  Act No.


                      TABLE OF PROVISIONS
Clause                                                                    Page

PART 1---PRELIMINARY                                                         1
  1.     Purpose                                                             1
  2.     Commencement                                                        2

PART 2--AGRICULTURAL INDUSTRY DEVELOPMENT ACT
1990                                                                         3
  3.     New section 12A inserted                                 3
         12A. Murray Valley Wine Grape Industry Development Order
                  (Victoria) 1994                                 3
  4.     Statute law revision                                     3

PART 3--BARLEY MARKETING ACT 1993                                            4
  5.     Application of Board's marketing powers to barley harvested in
         season commencing 1 July 1998                                       4

PART 4--PLANT HEALTH AND PLANT PRODUCTS ACT 1995                             5
  6.     Importation and possession of imported plants, plant products,
         etc.                                                                5

PART 5--PREVENTION OF CRUELTY TO ANIMALS ACT 1995                            7
  7.     Repeal of earlier amending provision                                7
  8.     Application of Act                                                  7
                            

NOTES                                                                        8




                                      i
532087B.I1-6/4/98

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Agricultural Industry Development Act 1990, the Barley Marketing Act 1993, the Plant Health and Plant Products Act 1995 and the Prevention of Cruelty to Animals Act 1986 and for other purposes. Agriculture Acts (Amendment) Act 1998 The Parliament of Victoria enacts as follows: PART 1---PRELIMINARY 1. Purpose The purpose of this Act is to amend the Agricultural Industry Development Act 1990, 5 the Barley Marketing Act 1993, the Plant 1 532087B.I1-6/4/98

 


 

Agriculture Acts (Amendment) Act 1998 s. 2 Act No. Health and Plant Products Act 1995 and the Prevention of Cruelty to Animals Act 1986. 2. Commencement (1) Subject to this section, this Act comes into 5 operation on the day on which it receives the Royal Assent. (2) Section 7 is deemed to have come into operation on 31 March 1998. (3) Section 8 is deemed to have come into operation 10 on 1 April 1998. (4) Subject to sub-section (5), section 6 comes into operation on a day or days to be proclaimed. (5) If a provision of section 6 does not come into operation before 31 December 1998, it comes into 15 operation on that day. _______________ 2 532087B.I1-6/4/98

 


 

Agriculture Acts (Amendment) Act 1998 s. 3 Act No. PART 2--AGRICULTURAL INDUSTRY DEVELOPMENT ACT 1990 3. New section 12A inserted No. 48/1990. After section 12 of the Agricultural Industry Reprint No. 1 5 Development Act 1990 insert-- as at 10 October "12A. Murray Valley Wine Grape Industry 1996. Development Order (Victoria) 1994 The term of the Murray Valley Wine Grape Industry Development Order (Victoria) 10 1994, published in the Government Gazette on 16 June 1994, is 5 years from 16 June 1994, despite anything to the contrary in this Part or the Order.". 4. Statute law revision 15 In section 50(3) of the Agricultural Industry Development Act 1990, for "indentification" substitute "identification". _______________ 3 532087B.I1-6/4/98

 


 

Agriculture Acts (Amendment) Act 1998 s. 5 Act No. PART 3--BARLEY MARKETING ACT 1993 5. Application of Board's marketing powers to barley harvested in season commencing 1 July 1998 No. 7/1993. In section 5(1) of the Barley Marketing Act 5 1993, for "4 seasons" substitute "5 seasons". _______________ 4 532087B.I1-6/4/98

 


 

Agriculture Acts (Amendment) Act 1998 s. 6 Act No. PART 4--PLANT HEALTH AND PLANT PRODUCTS ACT 1995 6. Importation and possession of imported plants, plant products, etc. 5 (1) In section 6(1) of the Plant Health and Plant Products Act 1995-- (a) in paragraph (a), for "prescribed plant, plant product, used package or used agricultural equipment or soil" substitute "prescribed 10 material"; (b) for "unless the person has" substitute "unless the person"; (c) for paragraph (c) substitute-- "(c) has sent to the Secretary and has in his 15 or her possession at the time that the prescribed material is delivered to the person in Victoria a copy of the plant health declaration or a copy of the plant health certificate relating to that 20 prescribed material and stating that the prescribed material conforms with the requirements of this Act and the regulations; and"; (d) in paragraph (d), for "presented that plant, 25 plant product or used package or used agricultural equipment" substitute "has presented that prescribed material". (2) After section 6(1) of the Plant Health and Plant Products Act 1995 insert-- 30 "(1A) A person must not have in his or her possession, custody or control for sale for the first time in Victoria any prescribed material imported, introduced or brought, or caused 5 532087B.I1-6/4/98

 


 

Agriculture Acts (Amendment) Act 1998 s. 6 Act No. or permitted to be imported, introduced or brought, into Victoria unless the requirements under section 6(1)(c) and (d) have been satisfied.". 5 Penalty: 100 penalty units. (3) After section 6(2) of the Plant Health and Plant Products Act 1995 insert-- '(3) A person does not commit an offence under this section by reason only of transporting 10 into Victoria on behalf of another person any prescribed material from a prescribed State or Territory or a prescribed part of another State or Territory. (4) In this section, "prescribed material" 15 means any-- (a) plant or plant product; (b) used package or used agricultural equipment; (c) soil-- 20 that is prescribed by the regulations for the purposes of this section.'. _______________ 6 532087B.I1-6/4/98

 


 

Agriculture Acts (Amendment) Act 1998 s. 7 Act No. PART 5--PREVENTION OF CRUELTY TO ANIMALS ACT 1995 7. Repeal of earlier amending provision No. 77/1995. Section 5(6) of the Prevention of Cruelty to 5 Animals (Amendment) Act 1995 is repealed. 8. Application of Act No. 46/1986. In section 6(1) of the Prevention of Cruelty to Reprint No. 2 Animals Act 1986, for paragraphs (g) and (h) as at substitute-- 20 February 1997. Further 10 "(g) any fishing activities authorised by and amended by Nos 77/1995 conducted in accordance with the Fisheries and 58/1997. Act 1995.". 7 532087B.I1-6/4/98

 


 

Agriculture Acts (Amendment) Act 1998 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 8 532087B.I1-6/4/98

 


 

Agriculture Acts (Amendment) Act 1998 Act No. 9 532087B.I1-6/4/98

 


 

 


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