Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


VETERINARY PREPARATIONS AND ANIMAL FEEDING STUFFS AMENDMENT BILL 2003

                      Western Australia


Veterinary Preparations and Animal Feeding
        Stuffs Amendment Bill 2003

                        CONTENTS

1.    Short title                                          1
2.    The Act amended                                      2
3.    Long title replaced                                  2
4.    Section 1 amended, and consequential amendment to
      Consumer Affairs Act 1971                            3
5.    Section 5 amended                                    3
6.    Section 6 amended                                    5
7.    Section 7 amended                                    6
8.    Parts IV and V inserted                              6
9.    Section 36AA inserted                                8
10.   Section 38 amended                                   8
11.   Section 39 amended                                   9
12.   Section 40 amended                                  11
13.   Section 40A amended                                 11
14.   Section 40B amended                                 12
15.   Section 41 amended                                  12
16.   Section 42A amended                                 13
17.   Section 43 amended                                  13
18.   Section 44 amended                                  13
19.   Section 48 amended                                  14
20.   Section 60 amended                                  14
21.   Section 61 amended                                  14
22.   Section 62 amended                                  14
23.   Section 64 amended                                  15
24.   Section 65 amended                                  15
25.   Section 66 amended                                  15
26.   Section 68 amended                                  16
27.   Amendment of various provisions referring to
      veterinary preparations                             16



                          185--1                           page i
                           Western Australia


                       LEGISLATIVE COUNCIL



     Veterinary Preparations and Animal Feeding
             Stuffs Amendment Bill 2003


                               A Bill for


An Act to amend the Veterinary Preparations and Animal Feeding
Stuffs Act 1976 and for related purposes.



The Parliament of Western Australia enacts as follows:

1.       Short title
         This Act may be cited as the Veterinary Preparations and
         Animal Feeding Stuffs Amendment Act 2003.




                                                                    page 1
     Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



     s. 2




     2.         The Act amended
                The amendments in this Act are to the Veterinary Preparations
                and Animal Feeding Stuffs Act 1976* except as stated in
                section 4(2).
                [* Reprinted as at 20 August 1999.
                   For subsequent amendments see 2001 Index to Legislation of
                   Western Australia, Table 1, p. 397.]

     3.         Long title replaced
                The long title is repealed and the following long title is inserted
                instead --
5    "
            An Act --
            •    to provide for the control of the use of veterinary
                chemical products and the regulation of the sale of
                certain stock, stock products, and carcasses of stock
10              treated with veterinary chemical products;
            •    to provide for the regulation of the sale and use of
                certain substances that promote, or are intended to
                promote, growth in stock and also of the sale of stock, or
                the carcasses of stock, which have been or are declared
15              not to have been treated with a substance of that kind;
            •    to control and regulate the production, importation,
                treatment, preparation for sale, marketing, storage, and
                sale of animal feeding stuffs,
            and for incidental and other purposes.
20                                                                                ".




     page 2
          Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



                                                                                      s. 4



     4.          Section 1 amended, and consequential amendment to
                 Consumer Affairs Act 1971
           (1)   Section 1 is amended by deleting "Veterinary Preparations and
                 Animal Feeding Stuffs Act 1976." and inserting instead --
5                "
                           Veterinary Chemical Control and Animal Feeding
                           Stuffs Act 1976.
                                                                                        ".
           (2)   The Schedule to the Consumer Affairs Act 1971* is amended by
10               deleting "Veterinary Preparations and Animal Feeding Stuffs
                 Act 1976." and inserting instead --
                 "
                           Veterinary Chemical Control and Animal Feeding Stuffs
                           Act 1976.
15                                                                                      ".
                 [* Reprinted as at 25 March 1999.
                    For subsequent amendments see 2001 Index to Legislation of
                    Western Australia, Table 1, p. 74.]

     5.          Section 5 amended
20         (1)   Section 5(1) is amended as follows:
                     (a)    after the definition of "animal feeding stuff " by
                            inserting the following definition --
                 "
                           "approved label", in relation to a registered veterinary
25                            chemical product, means a label approved under
                              Part 2 of the Agvet Code of Western Australia for
                              containers for the veterinary chemical product;
                                                                                        ";
                     (b)    in the definition of "carcass" by deleting "cattle and to
30                          any other animal prescribed as an animal to which
                            Part VA applies," and inserting instead --
                            " any stock, ";

                                                                                   page 3
     Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



     s. 5



                  (c)    after the definition of "purchaser" by inserting the
                         following definition --
              "
                        "registered veterinary chemical product" means a
5                           veterinary chemical product registered under
                            Part 2 of the Agvet Code of Western Australia;
                                                                                  ";
                  (d)    after the definition of "stock" by inserting the following
                         definition --
10            "
                        "stock product" means --
                            (a) anything obtained from stock to be used as,
                                 or processed into, food for humans or
                                 animals; or
15                          (b) the hide, hair or fleece of any stock;
                                                                                     ";
                  (e)    by deleting the definitions of "treat" and "treated";
                  (f)    by deleting the definition of "veterinary preparation"
                         and inserting the following definitions instead --
20            "
                        "veterinary chemical product" has the same meaning
                            as it has in the Agvet Code of Western Australia
                            except that --
                            (a) despite section 5(4) of that Code, it includes
25                                  a substance or mixture of substances that
                                    is --
                                   (i) prepared in accordance with the
                                         instructions of a veterinary surgeon by a
                                         pharmaceutical chemist registered under
30                                       the Pharmacy Act 1964; or
                                  (ii) prepared by a veterinary surgeon,




     page 4
          Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



                                                                                         s. 6



                                          in the course of the practice, by the person
                                          preparing the substance or mixture of
                                          substances, of that person's profession; and
                                    (b) it does not include a prescribed substance;
5                               "veterinary surgeon" means a veterinary surgeon
                                    registered under the Veterinary Surgeons
                                    Act 1960;
                                                                                            ".
           (2)       Section 5(3)(b) is amended after "treated" in both places where
10                   it occurs by inserting --
                     "     with a prescribed substance      ".
           (3)       After section 5(3) the following subsection is inserted --
                 "
                     (4)        A reference in this Act to a stock product treated with a
15                              veterinary chemical product is to be taken to be a
                                reference to a stock product from stock treated with a
                                veterinary chemical product.
                                                                                            ".

     6.              Section 6 amended
20         (1)       Section 6(1)(a) is amended by deleting "subject to
                     subsection (2),".
           (2)       Section 6(1)(c) is deleted and the following paragraph is
                     inserted instead --
                            "
25                                (c)   subject to subsection (4), to veterinary chemical
                                        products,
                                                                                            ".
           (3)       Section 6(2) is repealed.




                                                                                     page 5
     Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



     s. 7



     7.           Section 7 amended
                  Section 7 is amended by deleting "or carcass to which Part VA
                  applies," and inserting instead --
                  "     , stock product or carcass,   ".

5    8.           Parts IV and V inserted
                  After section 14 the following Parts are inserted --
     "
                        Part IV -- Control of use of veterinary
                                 chemical products
10          15.           Regulations relating to control of use of veterinary
                          chemical products
                  (1)     Regulations may be made under section 68 for the
                          purposes of controlling the use of veterinary chemical
                          products.
15                (2)     Without limiting subsection (1), regulations referred to
                          in that subsection --
                            (a) may prohibit, restrict or otherwise regulate the
                                   use of veterinary chemical products;
                            (b) may have effect by reference to approved labels
20                                 or to registration under Part 2 of the Agvet
                                   Code of Western Australia;
                            (c) may provide for the duties and obligations of
                                   veterinary surgeons or other persons in relation
                                   to the use of veterinary chemical products;
25                          (d) may provide for the keeping of records and a
                                   system of declarations or returns in relation to
                                   the use of veterinary chemical products, and for
                                   the verification of the information supplied; and
                            (e) may provide for the imposition of penalties, not
30                                 exceeding $5 000, for offences against those
                                   regulations.

     page 6
     Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



                                                                                s. 8



           Part V -- Regulation of sale of certain stock,
                  stock products and carcasses
        16.         Regulations relating to sale of certain stock, stock
                    products and carcasses
5             (1)   Regulations may be made under section 68 for the
                    purposes of prohibiting, restricting or otherwise
                    regulating the sale of any stock, any stock product, or
                    the carcass of any stock treated with a veterinary
                    chemical product.
10            (2)   Without limiting subsection (1), regulations referred to
                    in that subsection --
                      (a) may have effect by reference to --
                                (i) a permit issued under section 114 of the
                                     Agvet Code of Western Australia;
15                             (ii) the instructions relating to the use of a
                                     veterinary chemical product given by a
                                     veterinary surgeon in the course of the
                                     practice of the veterinary surgeon's
                                     profession; and
20                            (iii) in the case of a registered veterinary
                                     chemical product -- any direction,
                                     instruction, caution, warning or
                                     recommendation on an approved label
                                     relating to the use of the veterinary
25                                   chemical product;
                             and
                      (b) may provide for the imposition of penalties, not
                             exceeding $5 000, for offences against those
                             regulations.
30                                                                               ".




                                                                         page 7
     Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



     s. 9



     9.          Section 36AA inserted
                 Before section 36A the following section is inserted in
                 Part VA --
     "
5            36AA. Definition
                         In this Part --
                         "treated", in relation to an animal, means that the
                              animal has been treated with a prescribed
                              substance.
10                                                                                   ".

     10.         Section 38 amended
           (1)   Section 38(1)(a) is deleted and the following paragraph is
                 inserted instead --
                     "
15                        (a)   enter and search any land, building, premises or
                                place which he has reasonable grounds for
                                believing is used for or in connection with --
                                  (i) the treatment of any stock with a
                                        veterinary chemical product or the
20                                      holding of any stock, stock product or
                                        carcass of any stock which has or may
                                        have been treated with a veterinary
                                        chemical product; or
                                 (ii) the production, importation, treatment,
25                                      storage, preparation for sale, marketing,
                                        or sale of an animal feeding stuff or, for
                                        the purposes of Part VA, of any stock or
                                        carcass which has or may have been
                                        treated with a prescribed substance or
30                                      has been declared to have been not
                                        treated with a prescribed substance;
                                                                                     ".


     page 8
      Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



                                                                                   s. 11



           (2)   Section 38(1)(b) is amended as follows:
                  (a) after "Part" by inserting --
                        " IV, V or ";
                  (b) by deleting "or carcass which has or may have been
5                       treated or has been declared not to have been treated,"
                        and inserting instead --
                            "
                                   , stock product, or carcass of any stock which
                                   has or may have been treated with a veterinary
10                                 chemical product, or of any stock or carcass of
                                   any stock which has or may have been treated
                                   with a prescribed substance or has been
                                   declared to have been not treated with a
                                   prescribed substance,
15                                                                                     ".
           (3)   After section 38(1)(c) "and" is deleted and the following is
                 inserted --
                        "
                            (ca)   for the purposes of Part IV or V, stop, or order,
20                                 the movement of any stock, stock product or
                                   carcass; and
                                                                                       ".

     11.         Section 39 amended
           (1)   Section 39(1)(a) is amended as follows:
25                (a)       by deleting the passage from and including "person in
                            possession of " to and including "to be not treated," and
                            inserting instead --
                            "
                                   person --
30                                   (i) who is in possession of or the purchaser
                                          of any veterinary chemical product or
                                          animal feeding stuff; or


                                                                                 page 9
     Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



     s. 11



                              (ii)   for the purposes of Part IV, V or VA,
                                     who the inspector has reasonable cause
                                     to believe may be in possession of or the
                                     purchaser of any prescribed substance
5                                    or any stock, stock product, or the
                                     carcass of any stock which has been
                                     treated with a veterinary chemical
                                     product, or any stock, or the carcass of
                                     any stock, which has been treated with a
10                                   prescribed substance or declared to be
                                     not treated with a prescribed substance,
                                                                                 ".
        (2)    Section 39(1)(b) is amended by deleting "VA any person whom
               the inspector has reasonable cause to believe to be a seller of
15             any stock, or the carcass of any stock, which has been treated or
               declared to be not treated," and inserting instead --
                      "
                            IV, V or VA any person who the inspector has
                            reasonable cause to believe to be a seller of any
20                          stock, stock product, or the carcass of any stock
                            which has been treated with a veterinary
                            chemical product, or any stock, or the carcass
                            of any stock, which has been treated with a
                            prescribed substance or declared to be not
25                          treated with a prescribed substance,
                                                                                 ".
        (3)    Section 39(1)(d) is amended by deleting "or declared to be not
               treated," and inserting instead --
                      "
30                          with a prescribed substance or declared to be
                            not treated with a prescribed substance,
                                                                                 ".




     page 10
      Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



                                                                                   s. 12



     12.         Section 40 amended
                 Section 40(1) is amended by deleting "VA any substance,
                 stock" and inserting instead --
                 "
5                          IV, V or VA any veterinary chemical product or any
                           substance, stock, stock product
                                                                                      ".

     13.         Section 40A amended
           (1)   Section 40A(1) is amended as follows:
10                (a) by deleting "or carcass has or may have been treated, or
                        is or may have been declared to be not treated, may
                        require any person apparently in charge of that stock"
                        and inserting instead --
                 "
15                         , stock product or carcass has or may have been treated
                           with a veterinary chemical product, or that any stock or
                           carcass has or may have been treated with a prescribed
                           substance, or is or may have been declared to be not
                           treated with a prescribed substance, may require any
20                         person apparently in charge of that stock, stock product
                                                                                      ";
                     (b)    in paragraph (b) after "stock" by inserting --
                            " , stock product ";
                     (c)    in paragraph (c) after "Part" by inserting --
25                          " IV, V or ";
                     (d)    in paragraph (d) by deleting "other facility -- " and
                            inserting instead --
                            " anything else -- ";
                     (e)    in paragraph (d)(i) after "any" by inserting --
30                          " stock product or ";



                                                                              page 11
     Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



     s. 14



                        (f)        in paragraph (d)(ii) after "stock" by inserting --
                                   " , stock product ".
           (2)      Section 40A(2) is amended after "Part" by inserting --
                    "     IV, V or        ".

5    14.            Section 40B amended
                    Section 40B is amended after "Part" by inserting --
                    "     IV, V or        ".
     15.            Section 41 amended
           (1)      After section 41(1) the following subsection is inserted --
10               "
                  (1aa)           An inspector who has reasonable grounds for
                                  believing --
                                    (a) that a substance is a veterinary chemical
                                          product; or
15                                  (b) that any stock, stock product or the carcass of
                                          any stock has been treated with a veterinary
                                          chemical product,
                                  may, for the purposes of Part IV or V, inspect and test
                                  that substance, stock, stock product or carcass, or any
20                                tissue obtained from that stock or carcass, and may
                                  take samples for analysis and examination.
                                                                                            ".
           (2)      Section 41(1a)(b) is deleted and the following paragraph is
                    inserted instead --
25                            "
                                   (b)   that any stock, or the carcass of any stock, has
                                         been treated with a prescribed substance or
                                         declared to be not treated with a prescribed
                                         substance,
30                                                                                          ".


     page 12
      Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



                                                                                      s. 16



           (3)   Section 41(2) is amended after "stock," by inserting --
                 "    stock product,       ".
           (4)   Section 41(3) is amended after "stock," by inserting --
                 "    stock product,       ".

5    16.         Section 42A amended
                 Section 42A is amended as follows:
                   (a) before paragraph (b) by inserting the following
                        paragraph --
                           "
10                             (a)   stock, stock product or carcass of any stock
                                     which has been treated with a veterinary
                                     chemical product;
                                                                                       ";
                     (b)       in paragraphs (b) and (c) after "treated" by inserting --
15                             " with a prescribed substance ";
                     (c)       by deleting "substance, or of the" and inserting
                               instead --
                               " stock, stock product or ".

     17.         Section 43 amended
20               Section 43(a) is amended by deleting "animal feeding stuff,
                 stock," and inserting instead --
                               "
                                     veterinary chemical product, animal feeding
                                     stuff, stock, stock product,
25                                                                                       ".

     18.         Section 44 amended
           (1)   Section 44(1) is amended after "stock," by inserting --
                 "    stock product,       ".


                                                                                    page 13
     Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



     s. 19



           (2)   Section 44(3) is amended after "stock," by inserting --
                 "   stock product,    ".

     19.         Section 48 amended
                 Section 48(1) is amended after "stock," in both places where it
5                occurs by inserting --
                 "   stock product,    ".

     20.         Section 60 amended
                 Section 60(2) is amended after "stock" by inserting --
                 "   , stock product   ".

10   21.         Section 61 amended
                 Section 61(2) is amended after "for the purposes of " by
                 inserting --
                 "
                       Part V any stock, stock product or carcass, or for the
15                     purposes of
                                                                                   ".

     22.         Section 62 amended
           (1)   Section 62(1) is amended by deleting "VA any prescribed
                 substance, stock or carcass" and inserting instead --
20               "
                       IV, V or VA any veterinary chemical product, stock,
                       stock product, carcass or prescribed substance
                                                                                   ".
           (2)   Section 62(2) is amended by deleting "VA to the whole supply
25               of any prescribed substance and the total number of any stock"
                 and inserting instead --
                 "
                       IV, V or VA to the whole supply of the veterinary
                       chemical product or any similar veterinary chemical

     page 14
      Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



                                                                                      s. 23



                            product, the whole supply of any prescribed substance,
                            and the total number of any stock, stock products
                                                                                        ".

     23.              Section 64 amended
5                     After section 64(2) the following subsection is inserted --
                 "
                      (3)   Subject to section 44, a prosecution for an offence
                            against this Act may be instituted at any time within
                            3 years after the date on which it is alleged the offence
10                          was committed.
                                                                                        ".

     24.              Section 65 amended
                      Section 65 is amended as follows:
                        (a) in paragraph (b) after "chemists or" by deleting
15                           "registered";
                       (b) in paragraph (c) after "chemist, a" by deleting
                             "registered";
                        (c) in paragraph (c)(ii) by deleting "registered".

     25.              Section 66 amended
20         (1)        Section 66(1) is amended after "or was not" by inserting --
                      "
                            a veterinary chemical product or stock product, or was
                            not
                                                                                        ".
25         (2)        After section 66(1) the following subsection is inserted --
                 "
                     (1a)   In the absence of evidence to the contrary, the
                            allegation that stock, a stock product or a carcass was
                            sold or intended to be sold may be taken to be



                                                                                 page 15
     Veterinary Preparations and Animal Feeding Stuffs Amendment Bill 2003



     s. 26



                          sufficient evidence of a sale alleged in proceedings for
                          the purposes of Part V.
                                                                                     ".
     26.         Section 68 amended
5          (1)   Before section 68(2)(a) the following paragraph is inserted --
                      "
                          (aa)   the matters referred to in sections 15 and 16;
                                                                                     ".
           (2)   Section 68(3)(d) is amended by deleting "section" and inserting
10               instead --
                 "   sections 15(2)(e), 16(2)(b) and        ".
     27.         Amendment of various provisions referring to veterinary
                 preparations
           (1)   Section 5(1) is amended in the definition of "product" by
15               deleting "veterinary preparation" and inserting instead --
                 "   veterinary chemical product       ".
           (2)   Section 6(4) is amended by deleting "preparations" and
                 inserting instead --
                 "   chemical products ".
20         (3)   Section 7 is amended by deleting "preparation" and inserting
                 instead --
                 "   chemical product       ".
           (4)   Section 68(2)(q) is amended by deleting "veterinary
                 preparations or".
25         (5)   Section 68(2)(y) is amended by deleting "preparations" and
                 inserting instead --
                 "   chemical products ".




 


[Index] [Search] [Download] [Related Items] [Help]