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Biosecurity Legislation Amendment (Incident Response) Bill 2023

       Biosecurity Legislation Amendment (Incident
                    Response) Act 2024
                           No.           of 2024


                     TABLE OF PROVISIONS
Clause                                                           Page

Part 1--Preliminary                                                  1
  1      Purposes                                                   1
  2      Commencement                                               3
Part 2--Amendment of Livestock Disease Control Act 1994              4
Division 1--Information sharing                                      4
  3      Section 107B substituted and sections 107BA to 107BD
         inserted                                                   4
  4      Secrecy                                                   11
Division 2--Compensation                                            11
  5      Definitions                                               11
  6      Section 62 substituted                                    12
  7      Amount of compensation                                    12
  8      Section 64 substituted                                    13
  9      New section 64A inserted                                  15
  10     Review by Victorian Civil and Administrative Tribunal     17
  11     New sections 65A to 65E inserted                          17
  12     New section 151 inserted                                  22
Division 3--New offences relating to possession of livestock        23
  13     New section 9AB inserted                                  23
Division 4--Police officers as inspectors                           24
  14     Definitions                                               24
  15     Inspectors                                                25
  16     New section 108A inserted                                 25
Division 5--Powers of inspectors                                    26
  17     General powers of inspectors                              26
  18     New section 109A inserted                                 26
  19     Search and entry and other powers                         28
  20     Section 121 repealed                                      28




                                     i
Clause                                                                    Page

Division 6--Offences relating to quarantine areas                            29
 21      Quarantine areas                                                   29
Division 7--Amendments relating to orders, notices and
declarations                                                                30
 22      Notice of order declaring area or vehicle infected                 30
 23      Entry and exit points                                              30
 24      Declaration of restricted area                                     30
 25      Entry to and exit from restricted areas                            31
 26      Control area                                                       31
 27      Minister may declare that offences apply to certain materials
         specified in section 41(2) and (3)                                 31
Division 8--Increased penalties and matters relating to
infringement notices                                                        32
 28      Notification of diseases                                           32
 29      Requirements for vendor declarations when livestock moved          32
 30      Identification of livestock                                        33
 31      Permanent identification of livestock                              33
 32      Property identification codes                                      33
 33      Offence to use property identification code no longer in force     34
 34      Requirements for manufacturers of tags and devices                 34
 35      Entry of livestock etc.                                            34
 36      Offences                                                           34
 37      Permit for entry or exit                                           36
 38      Entry and exit points                                              37
 39      Permits for activity in restricted area                            37
 40      Entry to and exit from restricted areas                            37
 41      Permit for activity in a control area                              37
 42      Contravention of importation order                                 38
 43      Possession or administration of exotic disease agents              38
 44      Exposure of bees to infected articles etc.                         38
 45      Offence                                                            38
 46      Offence                                                            39
 47      Treatment notice                                                   39
 48      Identification notice                                              39
 49      Notice requesting assistance                                       39
 50      Power to serve a notice                                            39
 51      Penalties to be paid for offences under infringement notices       40
 52      Regulations                                                        40
Division 9--Miscellaneous amendments                                         40
 53      Definitions                                                        40
 54      Delegations by Minister                                            40
 55      Time for charging certain offences under this Act                  40
 56      Section 133 substituted                                            41



                                      ii
Clause                                                                     Page

 57      New section 107E inserted                                           42
 58      Section 121A repealed                                               43
 59      Statute law revision amendments                                     43
Part 3--Amendment of Plant Biosecurity Act 2010                               44
Division 1--Control areas and restricted areas                                44
 60      Declaration of control areas                                        44
 61      Section 21 amended                                                  44
 62      New section 21A inserted                                            45
 63      Destruction or disposal of plants etc. at direction of Minister     46
 64      Return, treatment or disposal of plants etc. at direction of
         inspector                                                           46
 65      Declaration of restricted area                                      46
 66      Movement in restricted area                                         46
 67      Section 34 amended                                                  47
 68      New section 34A inserted                                            47
Division 2--Increased penalties and matters relating to
infringement notices                                                         48
 69      Notification of plant pests or diseases                             48
 70      Infested land notice                                                48
 71      Disposal of plant refuse etc.                                       48
 72      Declaration of infected place                                       49
 73      Movement in restricted area                                         49
 74      Contravention of importation order                                  49
 75      Possession or administration of exotic disease agents               49
 76      Compliance agreements                                               49
 77      Enforcement of undertakings                                         50
 78      Offences about certification                                        50
 79      False statements in certificates and declarations                   50
 80      Alterations to certificates and declarations                        50
Division 3--Miscellaneous amendments                                          51
 81      Definitions                                                         51
 82      Ministerial orders                                                  51
 83      Notice of order declaring infected place                            51
 84      Declaration of restricted area                                      51
 85      Delegations by Minister                                             51
 86      Delegations by Secretary                                            52
 87      Inspector's identification certificates                             52
 88      Identification of inspection agents of approved inspection
         services                                                            52
 89      Section 126 substituted                                             53
Part 4--Amendment of Livestock Management Act 2010                            54
 90      Definitions                                                         54



                                       iii
Clause                                                                   Page

 91       Inspector's identification certificate                           54
 92       New section 28A inserted                                         54
 93       Section 30 amended                                               55
 94       Section 30A repealed                                             55
 95       Inspector may use assistants                                     55
 96       Offence to contravene a prescribed biosecurity measure           55
 97       Offence to damage or deface a sign                               55
 98       Penalties to be paid for offences under infringement notices     56
 99       Power to file charges under this Act                             56
Part 5--Repeal of this Act                                                  57
 100      Repeal of this Act                                               57
                               ═════════════
Endnotes                                                                   58
 1       General information                                               58




                                       iv
   Biosecurity Legislation Amendment
      (Incident Response) Act 2024 
                    No.           of 2024

                           [Assented to                        ]


The Parliament of Victoria enacts:

                Part 1--Preliminary
     1 Purposes
             The purposes of this Act are--
              (a) to amend the Livestock Disease Control
                  Act 1994--
                   (i) to provide further for the sharing of
                       certain information related to
                       emergencies with governments and
                       agencies of the State, the




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Biosecurity Legislation Amendment (Incident Response) Act 2024
                        No.    of 2024
                     Part 1--Preliminary


                      Commonwealth and other States and
                      Territories; and
                 (ii) to clarify the applicability of control
                      area and restricted area provisions and
                      to streamline public notification
                      procedures; and
                (iii) to provide further in relation to
                      compensation for losses caused by an
                      exotic disease outbreak; and
                 (iv) to strengthen enforcement and
                      inspection powers, including providing
                      that police officers are inspectors under
                      that Act; and
                 (v) to provide for additional offences
                     relating to the permanent identification
                     of livestock; and
                 (vi) to increase penalties for offences; and
                (vii) to make other miscellaneous and
                      consequential amendments; and
           (b) to amend the Plant Biosecurity Act 2010--
                  (i) in relation to control areas and
                      restricted areas; and
                 (ii) to increase penalties for offences; and
                (iii) to make other miscellaneous and
                      consequential amendments; and
            (c) to amend the Livestock Management
                Act 2010--
                  (i) to provide that police officers are
                      inspectors under that Act; and
                 (ii) to increase penalties for offences; and
                (iii) to make other miscellaneous and
                      consequential amendments.



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Biosecurity Legislation Amendment (Incident Response) Act 2024
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                     Part 1--Preliminary


 2 Commencement
      (1) Subject to subsection (2), this Act comes into
          operation on a day or days to be proclaimed.
      (2) If a provision of this Act does not come into
          operation before 1 October 2024, it comes into
          operation on that day.




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 Biosecurity Legislation Amendment (Incident Response) Act 2024
                         No.    of 2024
   Part 2--Amendment of Livestock Disease Control Act 1994



Part 2--Amendment of Livestock Disease
         Control Act 1994
         Division 1--Information sharing
  3 Section 107B substituted and sections 107BA to
    107BD inserted
           For section 107B of the Livestock Disease
           Control Act 1994 substitute--
        "107B Record-keeping by the Secretary
                 The Secretary must keep the following
                 records and information--
                   (a) notifications given to an inspector
                       under section 7;
                  (b) information made available to the
                      Secretary by a Council under
                      section 107E;
                   (c) records required by the regulations in
                       connection with the movement of
                       livestock;
                  (d) records in connection with the tagging
                      of livestock under section 9A;
                   (e) applications for property identification
                       codes under section 9B and the codes
                       allocated under that section;
                   (f) agreements entered into by the
                       Secretary under section 17;
                  (g) contracts entered into by the Secretary
                      under section 18;
                  (h) applications for registration under
                      section 48;
                   (i) applications for compensation under
                       Part 5;



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  Part 2--Amendment of Livestock Disease Control Act 1994


                  (j) records made or information collected
                      by an inspector in connection with the
                      performance of a function or exercise
                      of a power under Division 2 or 3 of
                      Part 8;
                 (k) records of notification under
                     sections 11 and 12 of the Stock
                     Diseases Act 1968 in the possession or
                     under the control of the Secretary
                     immediately before the repeal of that
                     Act;
                  (l) records in the possession or under the
                      control of the Secretary under the Bees
                      Act 1971 immediately before the repeal
                      of that Act.
      107BA Availability of records and information
            kept under section 107B--purposes other
            than emergency preparation or response
           (1) Records and information kept by the
               Secretary under section 107B may be made
               available to a relevant person in the
               following circumstances--
                  (a) if the Secretary is satisfied that making
                      the records available--
                        (i) is in the public interest; or
                       (ii) will assist the relevant person to
                            protect domestic or export markets
                            for livestock or livestock products;
                 (b) if making the record available is for the
                     purpose of--
                        (i) reuniting livestock with its owner;
                            or




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  Part 2--Amendment of Livestock Disease Control Act 1994


                       (ii) the administration or enforcement
                            of this Act or any other Act, or an
                            Act of another State, a Territory or
                            the Commonwealth, or regulations
                            under any such Act; or
                      (iii) assisting the relevant person to
                            perform a function or exercise a
                            power under this Act or any other
                            Act, or an Act of another State, a
                            Territory or the Commonwealth,
                            or regulations under any such Act;
                            or
                       (iv) a legal proceeding under this Act
                            or any other Act, or an Act of
                            another State, a Territory or the
                            Commonwealth, or regulations
                            under any such Act; or
                       (v) a report of a legal proceeding
                           referred to in subparagraph (iv); or
                       (vi) protecting the safety of any person
                            to whom the record relates or
                            protecting public safety; or
                      (vii) research or analysis work,
                            including surveys, relating to
                            livestock disease or the objectives
                            of this Act.
           (2) Records and information kept by the
               Secretary under section 107B may be made
               available to any person in the following
               circumstances--
                  (a) if the record or information does not
                      identify any person--on the written
                      application of the person;




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                 (b) if the record or information does
                     identify a person--with the consent of
                     the person identified.
           (3) In this section--
                relevant person means--
                       (a) a prescribed person or a person
                           belonging to a prescribed class of
                           person; or
                       (b) a person with whom the Secretary
                           has entered into an agreement for
                           the purposes of this section; or
                       (c) an authorised officer within the
                           meaning of the Agricultural and
                           Veterinary Chemicals (Control
                           of Use) Act 1992 or the Wildlife
                           Act 1975; or
                       (d) an authorized officer within the
                           meaning of the Drugs, Poisons
                           and Controlled Substances
                           Act 1981; or
                       (e) a meat inspector within the
                           meaning of the Stock (Seller
                           Liability and Declarations)
                           Act 1993; or
                        (f) an emergency services agency as
                            defined in section 4(1) of the
                            Emergency Management
                            Act 1986; or
                       (g) a person who is employed under
                           Part 3 of the Public
                           Administration Act 2004 and
                           is--




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                              (i) approved as a general
                                  inspector under section 18(1)
                                  of the Prevention of
                                  Cruelty to Animals
                                  Act 1986; or
                             (ii) appointed as a specialist
                                  inspector under section
                                  18A(1) of the Prevention of
                                  Cruelty to Animals
                                  Act 1986; or
                       (h) a water corporation within the
                           meaning of the Water Act 1989;
                           or
                        (i) a person employed or engaged in
                            the administration of--
                              (i) this Act or the regulations; or
                             (ii) the Agricultural and
                                  Veterinary Chemicals
                                  (Control of Use) Act 1992,
                                  the Stock (Seller Liability
                                  and Declarations) Act 1993
                                  or regulations made under
                                  those Acts; or
                            (iii) any prescribed Act of the
                                  Commonwealth or of a State
                                  or a Territory of the
                                  Commonwealth or
                                  regulations made under any
                                  such Act.
      107BB Availability of records and information
            kept under section 107B--disease
            prevention and emergency planning
           (1) Records and information kept by the
               Secretary under section 107B (whether or
               not the record or information identifies any



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                person, body, property, animal or premises)
                may be made available to a relevant person
                in the following circumstances--
                  (a) if the Secretary is satisfied that making
                      the record or information available will
                      assist to prevent, monitor or control the
                      spread of a disease;
                 (b) if making the record or information
                     available is for the purpose of carrying
                     out emergency planning, preparation,
                     response or recovery.
           (2) In this section--
                relevant person has the same meaning as in
                     section 107BA.
      107BC Conditions and fees
                The Secretary may--
                  (a) place any condition on the use or
                      disclosure of any records or
                      information made available under
                      section 107BA or 107BB; and
                 (b) charge a fee fixed by the Secretary by
                     notice published in the Government
                     Gazette for access to, or copies or
                     extracts from, any records kept under
                     section 107B.
      107BD Availability of emergency-related records
            and information
           (1) Subject to this section, a permitted person
               may apply to the Secretary for
               emergency-related records or information to
               be disclosed to the person for the purpose of
               planning or preparing for, responding to, or
               recovering from, an emergency.




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           (2) A request for emergency-related records or
               information must--
                  (a) be made in writing; and
                 (b) specify the purpose of the request; and
                  (c) describe the emergency-related records
                      or information being requested.
           (3) The Secretary, or a delegate of the Secretary
               who is an executive within the meaning of
               the Public Administration Act 2004, may
               authorise a person employed or engaged in
               the administration of this Act to disclose to
               the permitted person the whole or any part of
               the emergency-related records or information
               specified in the request that the Secretary or
               delegate is satisfied is reasonably required by
               the permitted person for the purposes of
               planning or preparing for, responding to, or
               recovering from, an emergency.
           (4) A person authorised by the Secretary or
               delegate under subsection (3) must not
               disclose to the permitted person any
               emergency-related records or information
               that are beyond the scope of the
               authorisation.
           (5) In this section--
                emergency-related records or information
                    means records kept by or information
                    known to the Secretary, including any
                    record or information that includes
                    personal information within the
                    meaning of the Privacy and Data
                    Protection Act 2014, that is created or
                    acquired in connection with the
                    Secretary's planning or preparing for,
                    responding to, or recovering from, an
                    emergency;


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                permitted person means--
                       (a) a person employed or engaged in
                           the administration of--
                              (i) this Act or the regulations; or
                             (ii) the Agricultural and
                                  Veterinary Chemicals
                                  (Control of Use) Act 1992,
                                  the Stock (Seller Liability
                                  and Declarations) Act 1993
                                  or the regulations made
                                  under those Acts; or
                            (iii) any prescribed Act of the
                                  Commonwealth or of a State
                                  or a Territory of the
                                  Commonwealth or
                                  regulations made under any
                                  such Act; or
                       (b) a person with whom the Secretary
                           has entered into an agreement for
                           the purposes of this section.
                            Example
                            A laboratory performing testing for or on
                            behalf of the Commonwealth, a State or a
                            Territory.".
 4 Secrecy
          In section 107C(1) and (2) (wherever occurring)
          of the Livestock Disease Control Act 1994, for
          "information" substitute "records or information".

            Division 2--Compensation
 5 Definitions
          In section 3(1) of the Livestock Disease Control
          Act 1994, for the definition of market value
          substitute--



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Biosecurity Legislation Amendment (Incident Response) Act 2024
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          "market value, in relation to livestock, means the
              value of the livestock calculated as on a sale
              on the place where the livestock is when it is
              destroyed or dies or is ordered to be
              destroyed;".
 6 Section 62 substituted
          For section 62 of the Livestock Disease Control
          Act 1994 substitute--
          "62 Payment of compensation
                Compensation is payable to an owner if the
                Minister is reasonably satisfied that the
                owner has had--
                  (a) any domestic livestock, premises,
                      livestock product, fodder, fittings or
                      vehicle destroyed under this Act for the
                      purpose of controlling, eradicating or
                      preventing the spread of an exotic
                      disease; or
                 (b) any domestic livestock certified by an
                     inspector as having died of an exotic
                     disease.".
 7 Amount of compensation
      (1) In section 63(1) of the Livestock Disease Control
          Act 1994, for "The amount" substitute "Subject
          to section 64, the amount".
      (2) For section 63(2) of the Livestock Disease
          Control Act 1994 substitute--
          "(2) Subject to section 64, the amount of
               compensation payable to an owner of
               livestock that died or was destroyed as a
               result of an exotic disease is the market value
               of the livestock at whichever is the earlier of
               the following times at which--




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Biosecurity Legislation Amendment (Incident Response) Act 2024
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                  (a) the owner consulted a veterinary
                      practitioner about the diseased
                      livestock;
                 (b) the owner notified an inspector of the
                     exotic disease under section 7;
                  (c) restrictions on the movement of the
                      livestock were imposed under Part 3;
                 (d) the Secretary was notified that the
                     livestock was affected by or died of the
                     exotic disease.".
 8 Section 64 substituted
          For section 64 of the Livestock Disease Control
          Act 1994 substitute--
          "64 Reduction in compensation payable under
              section 63
           (1) The Minister may decide that the whole of
               the compensation otherwise payable under
               section 63 be reduced or not be paid, in
               respect of a claim lodged by the owner of
               any livestock, premises, livestock product,
               fodder, fittings or vehicle that has been
               destroyed, or any livestock that have died, as
               a result of an outbreak of an exotic disease.
           (2) In making a decision under subsection (1),
               the Minister must take into account the
               following factors--
                  (a) whether the owner, or any person
                      acting at the direction or on the
                      authority or on behalf of the owner, has
                      contravened this Act or any regulations
                      made under this Act or any prescribed
                      Act of the Commonwealth or of a State
                      or a Territory of the Commonwealth or
                      regulations made under any such Act,
                      which has caused or contributed to--


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                        (i) the spread of the exotic disease; or
                       (ii) the destruction or death of any
                            domestic livestock in respect of
                            which the claim is lodged; or
                      (iii) the destruction of any premises,
                            livestock product, fodder, fittings
                            or vehicle in respect of which the
                            claim is lodged;
                 (b) whether the owner, or any person
                     acting at the direction or on the
                     authority or on behalf of the owner, has
                     intentionally, recklessly or negligently
                     caused or contributed to any of the
                     matters referred to in paragraph (a)(i)
                     to (iii);
                  (c) whether the owner is indemnified under
                      a contract of insurance for the losses
                      referred to in the claim for
                      compensation under this Division;
                 (d) whether the affected livestock,
                     livestock product, fodder, fittings or
                     vehicle or any livestock infected with
                     the exotic disease were kept at a
                     premises before their death or
                     destruction in contravention of this Act
                     or any regulations made under this Act;
                  (e) whether any of the losses in the claim
                      for compensation are false or
                      misleading;
                  (f) any prescribed factors.




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           (3) If the Minister makes a decision under
               subsection (1) that the whole of the
               compensation otherwise payable under
               section 63 be reduced or not be paid to an
               owner in respect of a claim, the Minister
               must serve a written notice of that decision
               on the owner that includes--
                  (a) that the whole of the compensation
                      payable under section 63 in respect of
                      the claim will be reduced or not be paid
                      (as the case requires) and the amount
                      (if any) of the compensation that will
                      be paid; and
                 (b) the reasons for the decision to reduce
                     the whole of the compensation or to not
                     pay it; and
                  (c) that the owner has a right to apply
                      under section 65 to VCAT for a review
                      of the decision.".
 9 New section 64A inserted
          After section 64 of the Livestock Disease
          Control Act 1994 insert--
        "64A Payment of further compensation for
             restocking of livestock
           (1) Subject to subsection (5), the Secretary may
               approve a claim for a further amount of
               compensation payable for the purchase of
               livestock to replace livestock that died or
               were destroyed because of an outbreak of an
               exotic disease for which compensation under
               section 63(2) was paid (the replacement
               livestock).




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           (2) The maximum amount of compensation that
               may be paid under this section is the
               difference between the amount of
               compensation paid under section 63(2) and
               the cost of purchasing the replacement
               livestock, if that cost is greater than the
               amount paid under section 63(2).
           (3) For the purposes of subsection (2), the
               Secretary may determine that replacement
               livestock may be livestock that were or will
               be purchased at either or both of the
               following times--
                  (a) at a time during which restrictions on
                      the movement of livestock under Part 3
                      due to the outbreak of the exotic
                      disease are in force;
                 (b) at a time after which those restrictions
                     are no longer in force.
           (4) In deciding whether to approve a claim under
               subsection (1) the Secretary must have
               regard to--
                  (a) whether the replacement livestock are
                      similar or equivalent to the livestock
                      that died or were destroyed as the result
                      of the outbreak of the exotic disease;
                      and
                 (b) whether the claimant has provided
                     evidence that the replacement livestock
                     have or will be purchased.
           (5) The Secretary may not approve a claim by an
               owner for further compensation under
               subsection (1) if--
                  (a) the Minister has decided under
                      section 64 that all or part of the
                      compensation otherwise payable under



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                      section 63 is not payable to the owner
                      for losses incurred as a result of an
                      outbreak of the exotic disease; and
                 (b) the claim for further compensation is in
                     respect of livestock that died or were
                     destroyed because of that outbreak of
                     exotic disease.".
10 Review by Victorian Civil and Administrative
   Tribunal
          In section 65 of the Livestock Disease Control
          Act 1994--
            (a) in subsections (1) and (2)(b), for "direction"
                substitute "decision";
           (b) in subsection (2)(a), for "direction is made"
               substitute "notice of the decision is served".
11 New sections 65A to 65E inserted
          After section 65 of the Livestock Disease
          Control Act 1994 insert--
        "65A Minister may decide that compensation be
             repaid
           (1) The Minister may decide that the whole or
               any part of an amount of compensation paid
               to an owner be repaid by that owner if--
                  (a) the Minister considers that the decision
                      to pay the compensation was made in
                      error; or
                 (b) the Minister considers that the decision
                     to pay the compensation was based on
                     false or misleading information
                     provided by the owner when making
                     the claim for the compensation; or
                  (c) for any other reason, the Minister
                      decides that the compensation must be
                      repaid.


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           (2) If the Minister makes a decision for an
               amount of compensation to be repaid under
               subsection (1), the Minister must decide on a
               reasonable day before or on which the
               amount of compensation is to be repaid
               (the due date).
           (3) If the owner does not pay the whole of the
               amount of the compensation to be repaid
               before or on the due date, the owner will be
               liable to pay interest on the amount of the
               compensation not repaid.
           (4) Interest referred to in subsection (3) will be
               calculated on a daily basis from the end of
               the due date until the amount of
               compensation is repaid in full at the interest
               rate that applies from time to time under
               Division 1 of Part 5 of the Taxation
               Administration Act 1997.
           (5) The Minister may enter into an arrangement
               (which may include provision for the
               payment of interest) for the payment by
               instalments of the amount of compensation
               to be repaid that is outstanding at the time of
               entering into the arrangement.
           (6) The Minister may recover an amount of
               compensation that has not been repaid by the
               due date as a debt due to the State and may
               issue proceedings in a court of competent
               jurisdiction no later than 5 years after the
               compensation referred to in subsection (1)
               was paid to the owner.




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           (7) In this section--
                owner means a person who is paid
                    compensation under this Division.
         65B Minister must serve a notice on the owner
             about compensation to be repaid
                On making a decision under section 65A(1),
                the Minister must serve a written notice on
                the owner that includes the following
                information--
                  (a) the amount of compensation referred to
                      in section 65A(1) that was originally
                      paid to the owner and the date on which
                      that compensation was paid;
                 (b) the amount of that compensation to be
                     repaid by the owner;
                  (c) the date before or on which the amount
                      of compensation is to be repaid;
                 (d) if the amount of compensation to be
                     repaid is not repaid in full before or on
                     the due date, that interest will be
                     calculated on a daily basis from the end
                     of the due date until the amount of
                     compensation is repaid in full;
                  (e) that the rate of the interest referred to in
                      paragraph (d) will be at the interest rate
                      that applies from time to time under
                      Division 1 of Part 5 of the Taxation
                      Administration Act 1997;
                  (f) that the Minister may enter into an
                      arrangement with the owner to repay
                      the amount of compensation by way of
                      instalments;




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                 (g) the reasons that formed the basis of the
                     Minister's decision for the amount of
                     compensation to be repaid;
                 (h) that the owner has 28 days after being
                     served with the notice within which to
                     respond to the Minister setting out the
                     reasons why the owner should not have
                     to repay all or any of the amount of
                     compensation.
         65C Owner may respond to Minister after
             receiving a notice to repay compensation
             under section 65B
                An owner, after having been served with a
                notice under section 65B to repay
                compensation, may respond to the Minister
                in writing within 28 days after being served
                with the notice setting out the reasons why
                the owner should not have to repay all or any
                of the amount of compensation.
         65D Minister must consider an owner's
             response to a notice
           (1) The Minister must consider a response
               received from an owner under section 65C.
           (2) After considering a response under
               subsection (1), the Minister may decide--
                  (a) to confirm the amount of compensation
                      to be repaid by the owner; or
                 (b) to reduce the amount of compensation
                     to be repaid by the owner; or
                  (c) to write off the liability of the owner to
                      repay the whole of the amount of
                      compensation.




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           (3) On making a decision under subsection
               (2)(a) or (b), the Minister must serve a
               written notice on the owner that contains all
               the information required in a notice under
               section 65B, except the information in
               paragraphs (g) and (h) of that section.
           (4) On making a decision under subsection
               (2)(c), the Minister must serve a written
               notice on the owner confirming that the
               whole of the liability of the owner to repay
               the amount of compensation has been written
               off.
           (5) An owner may apply to VCAT for review of
               the decision of the Minister under subsection
               (2)(a) or (b) to require an amount of
               compensation be repaid by the owner within
               28 days after the later of--
                  (a) the day on which a notice under
                      subsection (3) is served;
                 (b) if, under the Victorian Civil and
                     Administrative Tribunal Act 1998,
                     the owner requests a statement of
                     reasons for the decision, the day on
                     which the statement of reasons is given
                     to the owner or the owner is informed
                     under section 46(5) of that Act that a
                     statement of reasons will not be given.
         65E Minister may write off liability of owner
             to repay compensation
           (1) The Minister may at any time write off the
               whole or part of any outstanding liability of
               an owner under section 65A, if the Minister
               is satisfied that any further action to recover
               the amount of compensation is impracticable
               or unwarranted.




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           (2) If the Minister writes off the whole of any
               outstanding liability of an owner under
               subsection (1), the Minister must serve a
               written notice on the owner notifying the
               owner that the whole of the liability of the
               owner to pay the amount of compensation
               has been written off.
           (3) If the Minister writes off part of any
               outstanding liability of an owner under
               subsection (1), the Minister must serve a
               written notice on the owner--
                  (a) notifying the owner that part of the
                      liability of the owner to pay the amount
                      of compensation has been written off;
                      and
                 (b) containing all the information required
                     in a notice under section 65B, except
                     the information in paragraphs (g) and
                     (h) of that section.".
12 New section 151 inserted
          After section 150 of the Livestock Disease
          Control Act 1994 insert--
         "151 Transitional provisions--Biosecurity
              Legislation Amendment (Incident
              Response) Act 2024
           (1) The amendments made to Division 1 of
               Part 5 by Division 2 of Part 2 of the
               amending Act do not apply in respect of any
               application for compensation under
               Division 1 of Part 5 received by the
               Secretary before the commencement of
               Division 2 of Part 2 of the amending Act.




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             (2) Section 65A(1) as inserted by section 11 of
                 the amending Act does not apply in respect
                 of an amount of compensation paid to an
                 owner under Division 1 of Part 5 before the
                 commencement of section 11 of the
                 amending Act.
             (3) In this section--
                  amending Act means the Biosecurity
                      Legislation Amendment (Incident
                      Response) Act 2024.".

Division 3--New offences relating to possession of
                  livestock
  13 New section 9AB inserted
            After section 9A of the Livestock Disease
            Control Act 1994 insert--
          "9AB Possession of cattle or livestock if
               permanent identification has been
               removed or replaced
             (1) A person must not be in possession or
                 control of cattle or livestock that has been
                 tagged, marked, branded or identified in
                 accordance with section 9A(1) if the tag,
                 mark, brand or identification device has been
                 removed.
                  Penalty: 120 penalty units, in the case of a
                           natural person.
                              360 penalty units, in the case of a
                              body corporate.
             (2) A person does not commit an offence against
                 subsection (1) if--
                    (a) the tag, mark, brand or identification
                        device has been removed in accordance
                        with this Act or the regulations; or



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                 (b) the person has a reasonable excuse for
                     being in possession or control of the
                     cattle or livestock.
           (3) A person must not be in possession or
               control of cattle or livestock that has been
               tagged, marked, branded or identified in
               accordance with section 9A(1) if the tag,
               mark, brand or identification device has been
               replaced with a different tag, mark, brand or
               identification device.
                Penalty: 120 penalty units, in the case of a
                         natural person.
                            360 penalty units, in the case of a
                            body corporate.
           (4) A person does not commit an offence against
               subsection (3) if--
                  (a) the tag, mark, brand or identification
                      device has been removed and replaced
                      in accordance with this Act or the
                      regulations; or
                 (b) the person has a reasonable excuse for
                     being in possession or control of the
                     cattle or livestock.
           (5) In this section--
                livestock means prescribed livestock or
                      livestock of a prescribed species or
                      class.".

   Division 4--Police officers as inspectors
14 Definitions
      (1) In section 3(1) of the Livestock Disease Control
          Act 1994, for the definition of inspector
          substitute--




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          "inspector means--
                  (a) an inspector appointed under
                      section 108; and
                 (b) a police officer;".
      (2) In section 3(1) of the Livestock Disease Control
          Act 1994, the definition of police officer is
          repealed.
15 Inspectors
      (1) In section 108(2)(b) of the Livestock Disease
          Control Act 1994 omit "police officers or".
      (2) In section 108(5)(a) of the Livestock Disease
          Control Act 1994 omit "a police officer or".
16 New section 108A inserted
          After section 108 of the Livestock Disease
          Control Act 1994 insert--
       "108A Police officers acting in capacity as
             inspectors
           (1) A police officer acting in the capacity of an
               inspector may perform any function and may
               exercise any power of an inspector appointed
               under section 108.
           (2) A police officer who is not in uniform and
               who is in the course of performing a function
               or exercising a power (other than under a
               warrant) under this Act, on request, must
               produce the police officer's identification for
               inspection when performing that function or
               exercising that power.".




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        Division 5--Powers of inspectors
17 General powers of inspectors
      (1) After section 109(1)(d) of the Livestock Disease
          Control Act 1994 insert--
        "(da) take and remove a thing, which the inspector
              reasonably believes--
                  (i) has been, or may be, used in the
                      identification of any livestock on the
                      land; and
                 (ii) is connected with a contravention of
                      this Act or the regulations;
                Example
                An ear tag.".
      (2) For section 109(2) of the Livestock Disease
          Control Act 1994 substitute--
          "(2) An inspector may, in performing any
               function or exercising any power under this
               Act, make use of any assistants whose help is
               reasonably required to perform that function
               or exercise that power.".
18 New section 109A inserted
          After section 109 of the Livestock Disease
          Control Act 1994 insert--
       "109A Powers of entry with warrant
           (1) An inspector may apply to a magistrate for
               the issue of a search warrant in relation to--
                  (a) a specified dwelling; or
                 (b) any other specified land, place,
                     premises or vehicle to which the
                     inspector has been, or is likely to be,
                     refused admission.




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           (2) A magistrate to whom an application under
               subsection (1) is made, if satisfied by
               evidence on oath or by affirmation or
               affidavit that it is reasonably necessary that
               the inspector should have access to the
               dwelling, land, place, premises or vehicle
               concerned for the purpose of exercising the
               inspector's powers or performing the
               inspector's functions under this Act, may
               issue a search warrant in accordance with the
               Magistrates' Court Act 1989.
           (3) A warrant under this section must specify a
               date not being later than one month from the
               date of issue upon which the warrant ceases
               to have effect.
           (4) Before executing a search warrant, the
               inspector named in the warrant or a person
               assisting the inspector must announce that
               the inspector or person assisting is authorised
               by the warrant to enter the dwelling, land,
               place, premises or vehicle and give any
               person at the dwelling, land, place, premises
               or vehicle an opportunity to allow entry to
               the dwelling, land, place, premises or
               vehicle.
           (5) The inspector or a person assisting the
               inspector need not comply with subsection
               (4) if the inspector or person assisting
               believes on reasonable grounds that
               immediate entry is required to ensure--
                  (a) the safety of any person; or
                 (b) the effective execution of the search
                     warrant is not frustrated.




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           (6) If the occupier or another person who
               apparently represents the occupier is present
               when a search warrant is being executed, the
               inspector must--
                  (a) in the case of a police officer who is not
                      in uniform, produce the police officer's
                      identification for inspection; and
                 (b) in the case of an inspector who is not a
                     police officer, produce the inspector's
                     identity card for inspection; and
                  (c) give to that person a copy of the
                      execution copy of the warrant.".
19 Search and entry and other powers
      (1) After section 116(1)(c) of the Livestock Disease
          Control Act 1994 insert--
         "(ca) direct a person in control of a vehicle to
               move the vehicle to another place including
               by a specified route;".
      (2) In section 116(1)(i) of the Livestock Disease
          Control Act 1994, for "vermin." substitute
          "vermin;".
      (3) After section 116(1)(i) of the Livestock Disease
          Control Act 1994 insert--
          "(j) if the inspector believes it to be reasonably
               necessary, direct a person to take a specified
               action for the purposes of preventing,
               eradicating, controlling or monitoring an
               outbreak of an exotic disease.".
20 Section 121 repealed
          Section 121 of the Livestock Disease Control
          Act 1994 is repealed.




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Division 6--Offences relating to quarantine areas
  21 Quarantine areas
        (1) For section 11(1) of the Livestock Disease
            Control Act 1994 substitute--
            "(1) A person must not abandon livestock in or
                 allow livestock to stray in or out of a
                 quarantine area.
                  Penalty: 120 penalty units.
           (1A) A person must not, without the written
                authority of an inspector, drive or cause to be
                driven any livestock into, through or out of a
                quarantine area.
                  Penalty: 120 penalty units.
           (1B) A person must not, without the written
                authority of an inspector, remove from, or
                move into, a quarantine area any livestock
                product, fodder or fittings or any soil, sand
                or any other material.
                  Penalty: 120 penalty units.
           (1C) A person must not, without the written
                authority of an inspector, move a vehicle into
                or from a quarantine area, whether or not the
                vehicle contains livestock.
                  Penalty: 120 penalty units.".
        (2) In section 11(2) of the Livestock Disease Control
            Act 1994, for "subsection (1)" substitute
            "subsection (1A), (1B) or (1C)".




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Division 7--Amendments relating to orders, notices
              and declarations
   22 Notice of order declaring area or vehicle infected
             For section 23(1)(b) of the Livestock Disease
             Control Act 1994 substitute--
             "(b) if the infected place order relates to an area,
                  notice of the order is published on--
                     (i) an approved alternative publication
                         Internet site; or
                    (ii) an Internet site maintained by the
                         Department.".
   23 Entry and exit points
             For section 25(2)(a) of the Livestock Disease
             Control Act 1994 substitute--
             "(a) the notice to be published on--
                     (i) an approved alternative publication
                         Internet site; or
                    (ii) an Internet site maintained by the
                         Department; and".
   24 Declaration of restricted area
         (1) In section 26(1) of the Livestock Disease Control
             Act 1994, after "or area" (where first occurring)
             insert "(including the whole of Victoria)".
         (2) For section 26(3)(b) of the Livestock Disease
             Control Act 1994 substitute--
             "(b) notice of the order is published on--
                     (i) an approved alternative publication
                         Internet site; or
                    (ii) an Internet site maintained by the
                         Department.".




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25 Entry to and exit from restricted areas
          For section 28(1) of the Livestock Disease
          Control Act 1994 substitute--
          "(1) The Secretary may by notice in writing
               prohibit or impose restrictions on movement
               into or from a restricted area of any
               livestock, livestock product, fodder, fittings
               or vehicle.
         (1A) A notice under subsection (1) must be
              published on--
                  (a) an approved alternative publication
                      Internet site; or
                 (b) an Internet site maintained by the
                     Department.".
26 Control area
      (1) In section 29(1)(a) of the Livestock Disease
          Control Act 1994, after "or area" insert
          "(including the whole of Victoria)".
      (2) For section 29(4)(b) of the Livestock Disease
          Control Act 1994 substitute--
          "(b) notice of the order is published on--
                  (i) an approved alternative publication
                      Internet site; or
                 (ii) an Internet site maintained by the
                      Department.".
27 Minister may declare that offences apply to certain
   materials specified in section 41(2) and (3)
          For section 41B(3)(b) and (c) of the Livestock
          Disease Control Act 1994 substitute--
          "(b) on an approved alternative publication
               Internet site or an Internet site maintained by
               the Department.".



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Division 8--Increased penalties and matters
       relating to infringement notices
28 Notification of diseases
          In the penalty at the foot of section 7(1) of the
          Livestock Disease Control Act 1994, for
          "240 penalty units" substitute "1200 penalty
          units".
29 Requirements for vendor declarations when
   livestock moved
      (1) In the penalty at the foot of section 8A(1) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (2) In the penalty at the foot of section 8A(3) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (3) In the penalty at the foot of section 8A(4) of the
          Livestock Disease Control Act 1994, for
          "10 penalty units" substitute "20 penalty units".
      (4) In the penalty at the foot of section 8A(5) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (5) In the penalty at the foot of section 8A(6) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (6) In the penalty at the foot of section 8A(7) of the
          Livestock Disease Control Act 1994, for
          "10 penalty units" substitute "20 penalty units".
      (7) In the penalty at the foot of section 8A(8) of the
          Livestock Disease Control Act 1994, for
          "10 penalty units" substitute "20 penalty units".




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30 Identification of livestock
      (1) In the penalty at the foot of section 9(1) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (2) In the penalty at the foot of section 9(2) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (3) In the penalty at the foot of section 9(3) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (4) In the penalty at the foot of section 9(4) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (5) In the penalty at the foot of section 9(5) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (6) In the penalty at the foot of section 9(6) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
31 Permanent identification of livestock
      (1) In the penalty at the foot of section 9A(1) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (2) In the penalty at the foot of section 9A(2) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
32 Property identification codes
      (1) In the penalty at the foot of section 9B(1) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (2) In the penalty at the foot of section 9B(2) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".



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      (3) In the penalty at the foot of section 9B(6) of the
          Livestock Disease Control Act 1994, for
          "5 penalty units" substitute "20 penalty units".
33 Offence to use property identification code no
   longer in force
          In the penalty at the foot of section 9BC of the
          Livestock Disease Control Act 1994, for
          "10 penalty units" substitute "20 penalty units".
34 Requirements for manufacturers of tags and devices
      (1) In the penalty at the foot of section 9C(1) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
      (2) In the penalty at the foot of section 9C(2) of the
          Livestock Disease Control Act 1994, for
          "60 penalty units" substitute "120 penalty units".
35 Entry of livestock etc.
          In the penalty at the foot of section 10(1) of the
          Livestock Disease Control Act 1994, for
          "120 penalty units" substitute "600 penalty
          units".
36 Offences
      (1) For section 12(1) of the Livestock Disease
          Control Act 1994 substitute--
          "(1) A person must not expose any diseased
               livestock in a market or other public place
               where livestock are exposed for sale.
                Penalty: 600 penalty units or 12 months
                         imprisonment or both, in the case
                         of an exotic disease.
                            60 penalty units, in the case of any
                            other disease.




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         (1A) A person must not expose any diseased
              livestock in any saleyard whether public or
              private.
                Penalty: 600 penalty units or 12 months
                         imprisonment or both, in the case
                         of an exotic disease.
                            60 penalty units, in the case of any
                            other disease.
         (1B) A person must not place any diseased
              livestock in any lair or place adjacent to or
              connected with any place where livestock are
              commonly placed before exposure for sale.
                Penalty: 600 penalty units or 12 months
                         imprisonment or both, in the case
                         of an exotic disease.
                            60 penalty units, in the case of any
                            other disease.
         (1C) A person must not send for carriage or cause
              to be carried on any vehicle or vessel any
              diseased livestock.
                Penalty: 600 penalty units or 12 months
                         imprisonment or both, in the case
                         of an exotic disease.
                            60 penalty units, in the case of any
                            other disease.
         (1D) A person must not carry, lead or drive or
              cause to be carried, led or driven any
              diseased livestock on or by the side of any
              highway or thoroughfare.
                Penalty: 600 penalty units or 12 months
                         imprisonment or both, in the case
                         of an exotic disease.
                            60 penalty units, in the case of any
                            other disease.


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         (1E) A person must not keep or cause to be kept
              any diseased stock--
                  (a) on any common; or
                 (b) on the side of a highway or
                     thoroughfare.
                Penalty: 600 penalty units or 12 months
                         imprisonment or both, in the case
                         of an exotic disease.
                            60 penalty units, in the case of any
                            other disease.
         (1F) A person must not keep or cause to keep any
              diseased livestock on any unenclosed land or
              in any field or other place which is
              insufficiently fenced unless the livestock is
              constantly followed and kept in sight.
                Penalty: 600 penalty units or 12 months
                         imprisonment or both, in the case
                         of an exotic disease.
                            60 penalty units, in the case of any
                            other disease.".
      (2) In section 12(2) of the Livestock Disease Control
          Act 1994, for "120 penalty units" substitute
          "600 penalty units".
      (3) In section 12(3) of the Livestock Disease control
          Act 1994, for "(1) or (2)" substitute "(1), (1A),
          (1B), (1C), (1D), (1E), (1F) or (2)".
      (4) In section 12(5) of the Livestock Disease Control
          Act 1994, for "120 penalty units" substitute
          "600 penalty units".
37 Permit for entry or exit
          In the penalty at the foot of section 24(1) of the
          Livestock Disease Control Act 1994, for
          "360 penalty units" substitute "1800 penalty
          units".


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38 Entry and exit points
      (1) In the penalty at the foot of section 25(3) of the
          Livestock Disease Control Act 1994, for
          "360 penalty units" substitute "1800 penalty
          units".
      (2) In section 25(4) of the Livestock Disease Control
          Act 1994, for "60 penalty units" substitute
          "120 penalty units".
39 Permits for activity in restricted area
      (1) In the penalty at the foot of section 27(1) of the
          Livestock Disease Control Act 1994, for
          "360 penalty units" substitute "1800 penalty
          units".
      (2) In section 27(1A) of the Livestock Disease
          Control Act 1994, for "60 penalty units"
          substitute "120 penalty units".
40 Entry to and exit from restricted areas
      (1) In the penalty at the foot of section 28(3) of the
          Livestock Disease Control Act 1994, for
          "360 penalty units" substitute "1800 penalty
          units".
      (2) In section 28(4) of the Livestock Disease Control
          Act 1994, for "60 penalty units" substitute
          "120 penalty units".
41 Permit for activity in a control area
      (1) In the penalty at the foot of section 30(1) of the
          Livestock Disease Control Act 1994, for
          "240 penalty units" substitute "1200 penalty
          units".
      (2) In section 30(1A) of the Livestock Disease
          Control Act 1994, for "60 penalty units"
          substitute "120 penalty units".




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42 Contravention of importation order
      (1) In section 33(1) of the Livestock Disease Control
          Act 1994, for "240 penalty units" substitute
          "1200 penalty units".
      (2) In section 33(2) of the Livestock Disease Control
          Act 1994, for "60 penalty units" substitute
          "120 penalty units".
43 Possession or administration of exotic disease agents
          In the penalty at the foot of section 39(1) of the
          Livestock Disease Control Act 1994, for
          "900 penalty units" substitute "3000 penalty
          units".
44 Exposure of bees to infected articles etc.
          For section 52(1) of the Livestock Disease
          Control Act 1994 substitute--
          "(1) A person must not expose any hive infected
               with disease in any manner that will allow
               access by bees to the hive unless the hive has
               been disinfected.
                Penalty: 60 penalty units.
         (1A) A person must not expose any beeswax,
              fittings or other articles which are infected
              with disease or have been taken from or used
              in conjunction with any hive infected with
              disease in any manner that will allow access
              by bees to the articles unless the articles have
              been disinfected.
                Penalty: 60 penalty units.".
45 Offence
          In the penalty at the foot of section 112 of the
          Livestock Disease Control Act 1994, for
          "240 penalty units" substitute "1200 penalty
          units".



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  Part 2--Amendment of Livestock Disease Control Act 1994


46 Offence
          In the penalty at the foot of section 114 of the
          Livestock Disease Control Act 1994, for
          "240 penalty units" substitute "1200 penalty
          units".
47 Treatment notice
          In the penalty at the foot of section 115(2) of the
          Livestock Disease Control Act 1994, for
          "120 penalty units" substitute "600 penalty
          units".
48 Identification notice
          In the penalty at the foot of section 115A(3) of the
          Livestock Disease Control Act 1994, for
          "120 penalty units" substitute "600 penalty
          units".
49 Notice requesting assistance
          In the penalty at the foot of section 117(4) of the
          Livestock Disease Control Act 1994, for
          "120 penalty units" substitute "600 penalty
          units".
50 Power to serve a notice
          For section 126(1) of the Livestock Disease
          Control Act 1994 substitute--
          "(1) An inspector may serve an infringement
               notice on any person whom the inspector has
               reason to believe has committed an offence
               prescribed by the regulations as an offence in
               respect of which an infringement notice may
               be issued.".




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  Part 2--Amendment of Livestock Disease Control Act 1994


51 Penalties to be paid for offences under infringement
   notices
          In section 129 of the Livestock Disease Control
          Act 1994, for "5 penalty units" substitute
          "12 penalty units for an individual and 60 penalty
          units for a body corporate".
52 Regulations
          In section 139(2)(g) of the Livestock Disease
          Control Act 1994, for "20 penalty units"
          substitute "40 penalty units".

   Division 9--Miscellaneous amendments
53 Definitions
          In section 3(1) of the Livestock Disease Control
          Act 1994, in the definition of Department, for
          "Jobs, Precincts and Regions" substitute "Energy,
          Environment and Climate Action".
54 Delegations by Minister
          For section 102(2) of the Livestock Disease
          Control Act 1994 substitute--
          "(2) Despite subsection (1), the Minister may by
               instrument delegate any power under
               section 26 or 29 to the Secretary or any other
               executive within the meaning of the Public
               Administration Act 2004 employed in the
               administration of this Act.".
55 Time for charging certain offences under this Act
          In section 132A of the Livestock Disease Control
          Act 1994, after "or 91" insert "or an offence
          under the regulations with respect to information
          about the movement of livestock that is prescribed
          for the purposes of this section,".




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  Part 2--Amendment of Livestock Disease Control Act 1994


56 Section 133 substituted
          For section 133 of the Livestock Disease Control
          Act 1994 substitute--
         "133 Service of documents
           (1) Except where otherwise provided for in this
               Act, any written notice or other document
               authorised or required by this Act to be
               served on or given to a person (including a
               body corporate) may be served on or given
               to that person--
                  (a) in person; or
                 (b) by sending it by post to the person at
                     the person's usual or last known
                     residential or business address; or
                  (c) by leaving it at the person's usual or last
                      known residential address with a person
                      on the premises who is apparently at
                      least 16 years old; or
                 (d) by leaving it at the person's usual or last
                     known business address with a person
                     who is apparently employed at the
                     premises and is apparently at least
                     16 years old; or
                  (e) by sending it by electronic
                      communication to the person at the
                      person's usual or last known electronic
                      address.
           (2) In addition to the methods in subsection (1),
               any written notice or other document may be
               served on or given to a body corporate under
               this Act by sending it by--




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  Part 2--Amendment of Livestock Disease Control Act 1994


                  (a) registered post to the body corporate, or
                      to an employee, agent or officer of that
                      body corporate, at the head office,
                      registered office or principal place of
                      business of the body corporate; or
                 (b) electronic communication to the body
                     corporate's email address or to the
                     email address of an employee, agent or
                     officer of that body corporate.".
57 New section 107E inserted
          After section 107D of the Livestock Disease
          Control Act 1994 insert--
       "107E Secretary may request information
             relating to land from Councils
           (1) The Secretary, for or in connection with the
               administration of, or in carrying out the
               Secretary's functions under this Act or the
               regulations, may make a written request to a
               Council for the following information
               relating to land in the municipal district of
               that Council--
                  (a) the address of the land;
                 (b) the name, address and contact details of
                     the owner of the land;
                  (c) if the owner does not occupy the land,
                      the name, address and contact details of
                      the occupier (if available);
                 (d) the zone under the planning scheme
                     applying to the land;
                  (e) the purpose for which the land is used;
                  (f) any numbers or codes held by the
                      Council which can be used to identify
                      the land.




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  Part 2--Amendment of Livestock Disease Control Act 1994


           (2) A Council must make available to the
               Secretary any information relating to land in
               the municipal district of the Council that has
               been requested in writing by the Secretary
               under subsection (1).
           (3) In this section--
                Council has the same meaning as in
                    section 3(1) of the Local Government
                    Act 2020;
                planning scheme means a planning scheme
                     made under the Planning and
                     Environment Act 1987 as that
                     planning scheme is in force from time
                     to time.".
58 Section 121A repealed
          Section 121A of the Livestock Disease Control
          Act 1994 is repealed.
59 Statute law revision amendments
      (1) In section 18(3) of the Livestock Disease Control
          Act 1994, for "week's notice" substitute "weeks'
          notice".
      (2) In section 108(2AA) of the Livestock Disease
          Control Act 1994, for "an a person" substitute
          "a person".




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Biosecurity Legislation Amendment (Incident Response) Act 2024
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       Part 3--Amendment of Plant Biosecurity Act 2010



Part 3--Amendment of Plant Biosecurity
            Act 2010
Division 1--Control areas and restricted areas
60 Declaration of control areas
      (1) In section 19(1) of the Plant Biosecurity
          Act 2010--
            (a) for "Governor in Council may, by order"
                substitute "Minister may, by order published
                in the Government Gazette";
           (b) in paragraph (a), after "declare" insert
               "the whole of or".
      (2) In section 19(2) of the Plant Biosecurity
          Act 2010, for "Governor in Council" substitute
          "Minister".
      (3) After section 19(2) of the Plant Biosecurity
          Act 2010 insert--
        "(2A) An order declaring a control area remains in
              force for a period of 12 months or any
              shorter period that is specified in the order,
              unless sooner revoked.
         (2B) The Minister may from time to time, by
              notice published in the Government Gazette,
              extend the duration of an order declaring a
              control area for any period or periods not
              exceeding 12 months.".
61 Section 21 amended
      (1) In the heading to section 21 of the Plant
          Biosecurity Act 2010, for "control area"
          substitute "control area--specified person".
      (2) In section 21(1) of the Plant Biosecurity
          Act 2010, after "issue a permit" insert "to a
          specified person".



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       Part 3--Amendment of Plant Biosecurity Act 2010


      (3) After section 21(1) of the Plant Biosecurity
          Act 2010 insert--
        "(1A) A permit has effect for the period specified
              in the permit.".
62 New section 21A inserted
          After section 21 of the Plant Biosecurity
          Act 2010 insert--
        "21A Permits for movement of material into or
             from control area--specified class of
             person
           (1) The Secretary may issue a permit to a
               specified class of person for the purposes of
               section 19 or 20 for the transport or
               movement of any plant, plant product, used
               package, used equipment or earth material
               into or out of a control area subject to any
               conditions about the treatment of the plant,
               plant product, used package, used equipment
               or earth material.
           (2) A permit issued under subsection (1)--
                  (a) must be published--
                        (i) in the Government Gazette; and
                       (ii) on a website maintained by the
                            Department; and
                 (b) has effect for the period specified in the
                     permit.
           (3) If a permit issued under subsection (1) is
               revoked or varied, notice of the revocation or
               variation must be published--
                  (a) in the Government Gazette; and
                 (b) on a website maintained by the
                     Department.".




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Biosecurity Legislation Amendment (Incident Response) Act 2024
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       Part 3--Amendment of Plant Biosecurity Act 2010


63 Destruction or disposal of plants etc. at direction of
   Minister
          In section 22(1)(b) of the Plant Biosecurity
          Act 2010, for "Governor in Council" substitute
          "Minister".
64 Return, treatment or disposal of plants etc. at
   direction of inspector
          In section 23(1)(b) and (d) of the Plant
          Biosecurity Act 2010, for "Governor in Council"
          substitute "Minister".
65 Declaration of restricted area
      (1) In section 32(1) of the Plant Biosecurity
          Act 2010, after "within Victoria" insert
          "(including the whole of Victoria)".
      (2) After section 32(2) of the Plant Biosecurity
          Act 2010 insert--
        "(2A) The order must specify whether it applies to
              the movement of a thing identified in the
              order under subsection (2) in relation to one
              or more of the following--
                  (a) into the restricted area;
                 (b) within the restricted area;
                  (c) from the restricted area.".
66 Movement in restricted area
          In section 33 of the Plant Biosecurity
          Act 2010--
            (a) in subsection (1)(a), after "that area" insert
                "in contravention of that declaration";
           (b) in subsections (2) and (4), after
               "an inspector" insert "or the Secretary".




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       Part 3--Amendment of Plant Biosecurity Act 2010


67 Section 34 amended
      (1) In the heading to section 34 of the Plant
          Biosecurity Act 2010, for "restricted area"
          substitute "restricted area--specified person".
      (2) In section 34(1) of the Plant Biosecurity
          Act 2010, after "issue a permit" insert "to a
          specified person".
68 New section 34A inserted
          After section 34 of the Plant Biosecurity
          Act 2010 insert--
        "34A Permits for activity in restricted area--
             specified class of person
           (1) The Secretary may issue a permit to a
               specified class of person for the purposes of
               section 33 subject to any conditions that the
               Secretary specifies in the permit, including
               conditions relating to the control or
               eradication of the exotic pest or disease.
           (2) A permit issued under subsection (1)--
                  (a) must be published--
                        (i) in the Government Gazette; and
                       (ii) on a website maintained by the
                            Department; and
                 (b) has effect for the period specified in the
                     permit.
           (3) If a permit issued under subsection (1) is
               varied or revoked, notice of the variation or
               revocation must be published--
                  (a) in the Government Gazette; and
                 (b) on a website maintained by the
                     Department.".




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Biosecurity Legislation Amendment (Incident Response) Act 2024
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       Part 3--Amendment of Plant Biosecurity Act 2010


Division 2--Increased penalties and matters
       relating to infringement notices
69 Notification of plant pests or diseases
          In the penalty at the foot of section 17(1) of the
          Plant Biosecurity Act 2010, for "240 penalty
          units" substitute "1200 penalty units".
70 Infested land notice
      (1) In the penalty at the foot of section 25(2) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "120 penalty units";
           (b) for "300 penalty units" substitute
               "600 penalty units".
      (2) In the penalty at the foot of section 25(3) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "120 penalty units";
           (b) for "300 penalty units" substitute
               "600 penalty units".
      (3) In the penalty at the foot of section 25(4) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "120 penalty units";
           (b) for "300 penalty units" substitute
               "600 penalty units".
71 Disposal of plant refuse etc.
          In the penalty at the foot of section 27(2) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "120 penalty units";




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Biosecurity Legislation Amendment (Incident Response) Act 2024
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       Part 3--Amendment of Plant Biosecurity Act 2010


           (b) for "300 penalty units" substitute
               "600 penalty units".
72 Declaration of infected place
          In the penalty at the foot of section 30(5) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "1200 penalty units";
           (b) for "300 penalty units" substitute
               "1800 penalty units".
73 Movement in restricted area
          In the penalty at the foot of section 33(1) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "1200 penalty units";
           (b) for "300 penalty units" substitute
               "1800 penalty units".
74 Contravention of importation order
          In the penalty at the foot of section 38(1) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "1200 penalty units";
           (b) for "300 penalty units" substitute
               "1800 penalty units".
75 Possession or administration of exotic disease agents
          In the penalty at the foot of section 41(1) of the
          Plant Biosecurity Act 2010, for "240 penalty
          units" substitute "3000 penalty units".
76 Compliance agreements
          In the penalty at the foot of section 47(5) of the
          Plant Biosecurity Act 2010, for "120 penalty
          units" substitute "600 penalty units".



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Biosecurity Legislation Amendment (Incident Response) Act 2024
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       Part 3--Amendment of Plant Biosecurity Act 2010


77 Enforcement of undertakings
          In the penalty at the foot of section 122(3) of the
          Plant Biosecurity Act 2010, for "600 penalty
          units" substitute "1800 penalty units".
78 Offences about certification
          In the penalty at the foot of section 133 of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "120 penalty units";
           (b) for "300 penalty units" substitute
               "600 penalty units".
79 False statements in certificates and declarations
          In the penalty at the foot of section 134(1) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "120 penalty units";
           (b) for "300 penalty units" substitute
               "600 penalty units".
80 Alterations to certificates and declarations
      (1) In the penalty at the foot of section 135(1) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "120 penalty units";
           (b) for "300 penalty units" substitute
               "600 penalty units".
      (2) In the penalty at the foot of section 135(2) of the
          Plant Biosecurity Act 2010--
            (a) for "60 penalty units" substitute
                "120 penalty units";
           (b) for "300 penalty units" substitute
               "600 penalty units".



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Biosecurity Legislation Amendment (Incident Response) Act 2024
                        No.    of 2024
       Part 3--Amendment of Plant Biosecurity Act 2010


   Division 3--Miscellaneous amendments
81 Definitions
          In section 3(1) of the Plant Biosecurity Act 2010,
          in the definition of Department, for "Department
          of Jobs, Precincts and Regions" substitute
          "Department of Energy, Environment and Climate
          Action".
82 Ministerial orders
          In section 6(4) of the Plant Biosecurity Act 2010,
          for "28 days" substitute "6 months".
83 Notice of order declaring infected place
          In section 31(1) of the Plant Biosecurity
          Act 2010, for "in a newspaper circulating
          generally in the vicinity of the place" substitute
          "on an approved alternative publication Internet
          site".
84 Declaration of restricted area
          In section 32(4) of the Plant Biosecurity
          Act 2010, for "in a newspaper circulating
          generally in the vicinity of the area" substitute
          "on an approved alternative publication Internet
          site".
85 Delegations by Minister
      (1) In section 53(1) of the Plant Biosecurity
          Act 2010, after "sections 6," insert "19,".
      (2) For section 53(2) of the Plant Biosecurity
          Act 2010 substitute--
          "(2) Despite subsection (1), the Minister may by
               instrument delegate a power of the Minister
               under section 6, 19 or 32 to the following
               persons--
                  (a) the Secretary;



                             51
Biosecurity Legislation Amendment (Incident Response) Act 2024
                        No.    of 2024
       Part 3--Amendment of Plant Biosecurity Act 2010


                 (b) the chief plant health officer of the
                     Department;
                  (c) any other executive within the meaning
                      of the Public Administration
                      Act 2004 employed in the
                      administration of this Act.".
86 Delegations by Secretary
      (1) In section 54 of the Plant Biosecurity Act 2010,
          after "power of delegation" insert "and the powers
          under sections 21A and 34A".
      (2) At the end of section 54 of the Plant Biosecurity
          Act 2010 insert--
          "(2) Despite subsection (1), the Secretary may by
               instrument delegate a power of the Secretary
               under section 21A or 34A to the following
               persons--
                  (a) the chief plant health officer of the
                      Department;
                 (b) any other executive within the meaning
                     of the Public Administration
                     Act 2004 employed in the
                     administration of this Act.".
87 Inspector's identification certificates
          In section 63(2)(a) of the Plant Biosecurity
          Act 2010, after "by post" insert "or electronic
          communication".
88 Identification of inspection agents of approved
   inspection services
          In section 71(3)(a) of the Plant Biosecurity
          Act 2010, after "by post" insert "or electronic
          communication".




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Biosecurity Legislation Amendment (Incident Response) Act 2024
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       Part 3--Amendment of Plant Biosecurity Act 2010


89 Section 126 substituted
          For section 126 of the Plant Biosecurity
          Act 2010 substitute--
         "126 Service of documents
                Except where otherwise provided for in this
                Act, a notice (other than an infringement
                notice) or other document authorised or
                required by this Act to be served on or given
                to a person is to be taken to have been served
                on or given to that person--
                  (a) if it is delivered to the person
                      personally; or
                 (b) if it is left at the person's last known
                     address, last known residence or
                     business premises with a person
                     apparently over 16 years of age and
                     apparently residing or employed there;
                     or
                  (c) if it is sent to the person by post at the
                      person's usual or last known residence
                      or business premises; or
                 (d) by sending it by email to the person at
                     the person's usual or last known email
                     address; or
                  (e) for a body corporate--
                        (i) by post to the body corporate at
                            the head office, registered office
                            or principal place of business of
                            the body corporate; or
                       (ii) by email to the email address of
                            the body corporate.".




                             53
Biosecurity Legislation Amendment (Incident Response) Act 2024
                        No.    of 2024
    Part 4--Amendment of Livestock Management Act 2010



    Part 4--Amendment of Livestock
         Management Act 2010
90 Definitions
          In section 3 of the Livestock Management
          Act 2010--
            (a) in the definition of Department, for
                "Department of Environment and Primary
                Industries" substitute "Department of
                Energy, Environment and Climate Action";
           (b) in the definition of inspector, for paragraphs
               (b) and (c) substitute--
                "(b) an inspector within the meaning of the
                     Livestock Disease Control
                     Act 1994;";
            (c) the definition of police officer is repealed.
91 Inspector's identification certificate
          In section 28 of the Livestock Management
          Act 2010--
            (a) in subsection (1), after "under this Act"
                insert "(other than an inspector who is a
                police officer)";
           (b) in subsection (2), after "An inspector" insert
               "(other than an inspector who is a police
               officer)".
92 New section 28A inserted
          After section 28 of the Livestock Management
          Act 2010 insert--
        "28A Police officer identification
                A police officer who is not in uniform and
                exercising a power (other than under a
                warrant) under or for the purposes of this
                Act, on request, must produce the police


                             54
Biosecurity Legislation Amendment (Incident Response) Act 2024
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    Part 4--Amendment of Livestock Management Act 2010


                officer's identification for inspection when
                exercising that power.".
93 Section 30 amended
      (1) In the heading to section 30 of the Livestock
          Management Act 2010, for "of livestock"
          substitute "who are inspectors under the
          Livestock Disease Control Act 1994".
      (2) In section 30(1) and (2) of the Livestock
          Management Act 2010 omit "of livestock".
94 Section 30A repealed
          Section 30A of the Livestock Management
          Act 2010 is repealed.
95 Inspector may use assistants
          In section 44 of the Livestock Management
          Act 2010 omit ", including a police officer,".
96 Offence to contravene a prescribed biosecurity
   measure
          In the penalty at the foot of section 50A(1) of the
          Livestock Management Act 2010--
            (a) for "60 penalty units" substitute
                "120 penalty units";
           (b) for "300 penalty units" substitute
               "600 penalty units".
97 Offence to damage or deface a sign
          In the penalty at the foot of section 50B of the
          Livestock Management Act 2010, for
          "20 penalty units" substitute "40 penalty units".




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Biosecurity Legislation Amendment (Incident Response) Act 2024
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    Part 4--Amendment of Livestock Management Act 2010


98 Penalties to be paid for offences under infringement
   notices
      (1) In section 52(b) of the Livestock Management
          Act 2010--
            (a) for "7 penalty units" substitute "12 penalty
                units";
           (b) for "45 penalty units" substitute "60 penalty
               units".
      (2) In section 52(c) of the Livestock Management
          Act 2010, for "3 penalty units." substitute
          "6 penalty units".
99 Power to file charges under this Act
          In section 53(b) of the Livestock Management
          Act 2010, after "inspector" insert "(other than an
          inspector who is a police officer)".




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 Biosecurity Legislation Amendment (Incident Response) Act 2024
                         No.    of 2024
                    Part 5--Repeal of this Act



            Part 5--Repeal of this Act
100 Repeal of this Act
            This Act is repealed on 1 October 2025.
     Note
     The repeal of this Act does not affect the continuing operation of
     the amendments made by it (see section 15(1) of the
     Interpretation of Legislation Act 1984).
                   ═════════════




                                57
        Biosecurity Legislation Amendment (Incident Response) Act 2024
                                No.    of 2024
                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to amend the
      Livestock Disease Control Act 1994, the Plant Biosecurity Act 2010
      and the Livestock Management Act 2010 and for other purposes."




                 By Authority. Government Printer for the State of Victoria.




                                            58


 


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