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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 page 27 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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