Primary Industries and Food Legislation Amendment Act 2012

Primary Industries and Food Legislation Amendment Act 2012

No. 60 of 2012

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to the Impounding of Livestock Act 1994

3Power to enter land or building and impound abandoned livestock

4New section 5B inserted

5BPower to enter land or building and impound inadequately confined livestock

5General duty of persons who impound livestock

6Entitlement to reimbursement of charges

7Notice of seizure

8Duties of authorised officer of council

9Release of livestock from pound

10Substitution of heading to Division 2 of Part 2

11Power to serve notice objecting to the trespassing of livestock

12Power to serve notice on owner regarding confinement of livestock

13Holding period for impounded livestock

14Offence if livestock trespass after service of notice under section16A

15Offence if non-compliance with notice served under
section16B

16Regulations

Part 3—Amendments to the Livestock Disease Control Act 1994

17Minister may declare unusual circumstances of disease or
death in livestock

18Notification of unusual circumstances of disease or death in livestock

19No cattle or pigs on sewage land

20Registration of beekeepers

21Annual fees

22New section 49A inserted

49ASecretary may cancel registration if fee not paid

23Exposure of bees to infected articles etc.

24Compensatable diseases

25Compensation payable out of Fund

26Section 79C substituted

79CCompensation payable for declared diseases

27Records of notifications etc.

28Treatment notice

29New section 121A inserted

121ASecretary may request information relating to land
from Councils

30Power to serve a notice

Part 4—Amendments to the Prevention of
Cruelty to Animals Act 1986

31Application of Act

32Codes of Practice

33Defences to cruelty or aggravated cruelty

34Serious offences

35General inspectors

36Specialist inspectors

37New section 20A inserted

20ADepartment Head may declare animals at risk due
to an emergency

38New section 24KA inserted

24KASearch warrant for premises if non-compliance with section 24ZTA

39Seizure of things not mentioned in the warrant and taking of samples

40Court orders as to costs and disposal of animals

41New section 24ZTA inserted

24ZTARequirement to make documents available for
inspection

42New sections 24ZX and 24ZY inserted

24ZXConduct of proceedings

24ZYCourt to take judicial notice

43Offences relating to scientific procedures carried out at
scientific premises

44New section 35A inserted

35AOffences as to authorized officers

45Offences

46New section 44 inserted

44Primary Industries and Food Legislation Amendment Act2012

Part 5—Amendments to the Food Act 1984

47Definitions

48Meaning of primary food production

49New section 4I inserted

4IDeclared authority for the purposes of references in Chapter 4 of the Food Standards Code

50Orders

51Application of Act to primary food production

52New section 7BA inserted

7BARole of Department of Primary Industries

53Compliance with Food Standards Code

54Orders relating to food premises

55New section 19AA inserted

19AAOrders relating to premises on which primary food production and related activities are carried out

56Secretary may accept undertaking

57Powers of authorized officers

58Remedy in respect of articles seized

59Analysts

60Power of court to order forfeiture

61Evidentiary provisions

62Evidentiary certificate signed by the Secretary

63New section 50AAB inserted

50AABEvidentiary certificate signed by the Secretary DPI
or the chief executive officer of DFSV or PrimeSafe

64Section 50AC substituted

50ACEvidence of signatures

65Secrecy

66Protection against liability

67Delegation by council

68New section 58AB inserted

58ABDelegations by Secretary DPI, the DFSV or PrimeSafe

69Regulations

70New Part XV inserted

Part XV—Transitional and Savings provisions

80Transitional provision—Primary Industries and Food Legislation Amendment Act2012

Part 6—Other Amendments

71New section 237A inserted into Local Government Act 1989

237ACouncil to provide information relating to land to inspectors of livestock

72Statute law revision amendments

Part 7—Repeal of Amending Act

73Repeal of amending Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Primary Industries and Food Legislation Amendment Act 2012[†]

No. 60 of 2012

[Assented to 23 October 2012]

Primary Industries and Food Legislation Amendment Act 2012
No. 60 of 2012

The Parliament of Victoriaenacts:

Part 7—Repeal of Amending Act

Primary Industries and Food Legislation Amendment Act 2012
No. 60 of 2012

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Impounding of Livestock Act 1994—

(i) to provide for an additional entry and impoundment power for authorised officers of councils relating to inadequately confined livestock; and

(ii)to provide that notices regarding trespassing or inadequately confined livestock may be served on owners or occupiers of land as well as livestock owners; and

(iii)to make other miscellaneous amendments to that Act; and

(b)to amend the Livestock Disease Control Act 1994—

(i) to provide for additional offences relating to cattle, pigs and bees; and

(ii)to give power to the Secretary to the Department of Primary Industries to cancel beekeeper registrations if certain fees are not paid; and

s. 1

(iii)to give power to the Secretary to the Department of Primary Industries to request information about land from Councils; and

(iv)to insert additional infringement offences; and

(v) tomake other miscellaneous amendments to that Act; and

(c)to amend the Prevention of Cruelty to Animals Act 1986—

(i) to insert a defence to cruelty and aggravated cruelty offences in that Act if acting in accordance with a prescribed code of practice; and

(ii)to provide that orders disqualifying persons from being in charge of animals be able to be made against persons found guilty without a conviction or not guilty because of mental impairment of serious offencesas well as persons convicted of such offences; and

(iii)to give inspectors the power to, by notice, require production of documents relating to possible offences against that Act and include an offence for noncompliance with the notice; and

(iv)to provide for an additional search and entry power under a warrant for documents relating to possible offences against that Act; and

(v)to insert additional offences relating to the discharge of authorized officers' powers under Part 3 of that Act; and

(vi) to make other miscellaneous amendments to that Act; and

(d)to amend the Food Act 1984—

s. 1

(i) to confer certain functions on the Secretary to the Department of Primary Industries in relation to primary food production and related activities; and

(ii)to provide for persons or bodies to be declared as a declared authority for the purposes of Chapter 4 of the Food Standards Code; and

(iii)to provide for persons to be exempted from certain requirements of the Food Standards Code; and

(iv)to provide for orders to be made directing persons conducting primary food production and related activities; and

(v) to extend the enforcement powers under Part IV of that Act to apply in respect offood handled during primary food production; and

(vi)to make other consequential and miscellaneous amendments to that Act; and

(e) to amend the Local Government Act 1989 to require Councils to make certain information relating to land available to the Secretary to the Department of Primary Industries.

2Commencement

s. 2

(1)This Part, Part 5 and section 72 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 July 2013, it comes into operation on that day.

______

Part 2—Amendments to the Impounding of Livestock Act 1994

3Power to enter land or building and impound abandoned livestock

s. 3

See:
Act No.
89/1994.
Reprint No. 3
as at
20 August 2009
and amending
Act No.
68/2009.
LawToday:
www.
legislation.
vic.gov.au

In section 5A(1) of the Impounding of Livestock Act 1994, after "a council" insert ", with any assistance that is necessary,".

4New section 5B inserted

After section 5A of the Impounding of Livestock Act 1994insert—

"5B Power to enter land or building and impound inadequately confined livestock

(1)An authorised officer of a council, with any assistance that is necessary, may enter any land or building (excluding any building occupied as a residence) in the municipal district of that council if the officer reasonably believes that there are livestock that are not adequately confined on the land or in the building and that either of the circumstances set out in subsection (4) applies.

(2)An authorised officer of a council must not exercise a power under this section except between the hours of 7 a.m. and 7 p.m. if the reasonable belief of the officer referred to in subsection (1) relates only to the circumstances set out in subsection (4)(b).

(3) An authorised officer of a council who enters any land or building under subsection (1) at which the owner or occupier of the land or building is present must take all reasonable steps to inform the owner or occupier of the purpose of the entry.

(4) If an authorised officer of a council enters land or a building under subsection (1) and finds livestock that are not adequately confined on the land or in the building, the officer may impound the livestock if the officer is satisfied that—

(a) if the livestock were to wander from the land or building—

(i) the welfare of the livestock or other livestock would be at risk; or

s. 4

(ii)there would be a risk to public safety; or

(b)the livestock are the subject of a notice served on a person under section 16B requiring the person to take measures to adequately confine livestock on the land or in the building and the person has not taken those measures within the time specified in the notice.

(5) If an authorised officer of a council impounds any livestock under subsection (4), the officer must deliver the livestock to a pound.

(6) If an authorised officer of a council exercises a power of entry under this section without the owner or occupier of the land or building being present, the officer must fix a notice to the building or to the entry gate of the land setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)the number and description of any livestock impounded; and

(d)the time of departure; and

(e)the procedure for contacting the authorised officer of the council for further details of the entry and the impoundment of any livestock.".

5General duty of persons who impound livestock

s. 5

In section 6(1) of the Impounding of Livestock Act 1994, for "5 or 5A" substitute "5, 5A or5B".

6Entitlement to reimbursement of charges

In section 7 of the Impounding of Livestock Act 1994, for "section 5 or 5A" substitute "section 5, 5A or5B".

7Notice of seizure

(1)In section 8A(1)(f) of the Impounding of Livestock Act 1994, after "livestock" insert "including the number of days that a council must hold impounded livestock before the council disposes of the livestock in accordance with Part3".

(2)In section 8A(2) of the Impounding of Livestock Act 1994, after "owner" (where first occurring) insert "of the impounded livestock".

8Duties of authorised officer of council

In section 8(2) of the Impounding of Livestock Act 1994, for "5 or 5A" substitute "5, 5A or5B".

9Release of livestock from pound

s. 9

(1)In section 16(1) of the Impounding of Livestock Act 1994, for "5 or 5A" substitute "5, 5A or5B".

(2)After section 16(2)(a) of the Impounding of Livestock Act 1994insert—

"(ab) the council is satisfied on reasonable grounds that any notice under section 16B served on a person in relation to the livestock has been complied with; and".

10Substitution of heading to Division 2 of Part 2

For the heading to Division 2 of Part 2 of the Impounding of Livestock Act 1994 substitute—

"Division 2—Powers relating to trespassing or inadequately confined livestock".

11Power to serve notice objecting to the trespassing of livestock

(1)For section 16A(1) of the Impounding of Livestock Act 1994 substitute—

"(1) If an authorised officer of a council reasonably believes that livestock have trespassed on any land or road, he or she may serve a notice objecting to the trespass of the livestock on any one or more of the following persons—

(a)the owner of the livestock;

(b)the owner of the land on which the livestock are kept or the occupier of that land if the owner is not the occupier.".

(2)In section 16A(2) of the Impounding of Livestock Act 1994, for "owner" (where twice occurring) substitute "person".

12Power to serve notice on owner regarding confinement of livestock

s. 12

(1)For section 16B(1) of the Impounding of Livestock Act 1994 substitute—

"(1)If an authorised officer of a council reasonably believes that livestock are not adequately confined on land or in a building, he or she may serve a notice on any one or more of the following persons directing that the person or persons take the measures set out in the notice to ensure the livestock are adequately confined—

(a)the owner of the livestock;

(b)the owner of the land or building or the occupier of the land or building if the owner is not the occupier.".

(2)For section 16B(2) of the Impounding of Livestock Act 1994substitute—

"(2)A notice under subsection (1)—

(a)may be served whether or not any of the livestock have been impounded in accordance with section 5B(4)(a); and

(b) must be served on the person personally or by registered post to the last known address of the person.".

(3)After section 16B(3)(c) of the Impounding of Livestock Act 1994insert—

"(ca)a statement that the livestock may be impounded by an authorised officer of the council—

(i) under section 5B(4)(a), if the officer is satisfied that the welfare of the livestock would be at risk or there would be risk to public safety if the livestock were to wander from the land or building; or

(ii) under section 5B(4)(b), if the notice is not complied with within the specified time;".

13Holding period for impounded livestock

s. 13

(1)For the heading to section 17 of the Impounding of Livestock Act 1994substitute—

"Holding period for impounded livestock".

(2)For section 17(1) of the Impounding of Livestock Act 1994substitute—

"(1)Subject to subsection (3), a council must hold livestock impounded under section 5 or5B for at least 7 days before the council may dispose of the livestock in accordance with this Part.".

(3)After section 17(2) of the Impounding of Livestock Act 1994insert—

"(3)If a notice under section 16B is served on a person in relation to livestock impounded under section 5 or5B(4)(a) before the impoundment of the livestock or before the end of the 7day period referred to in subsection (1), the council must hold the livestock before disposing of the livestock in accordance with this Part for at least—

(a)the 7 day period referred to in subsection (1); or

(b)a period of 3 days after the time within which measures must be taken under the notice—

whichever period finishes last.".

14Offence if livestock trespass after service of notice under section16A

s. 14

In section 25A of the Impounding of Livestock Act 1994—

(a)for "the owner of that livestock" substitute "a person";

(b)for "owner is guilty" substitute "person is guilty".

15Offence if non-compliance with notice served under section16B

In section 25B of the Impounding of Livestock Act 1994, for "An owner of livestock" substitute "A person".

16Regulations

After section 34(1)(a) of the Impounding of Livestock Act 1994insert—

"(ab) the care and management of impounded livestock in pounds; and".

______

Part 3—Amendments to the Livestock Disease Control Act 1994

17Minister may declare unusual circumstances of disease or death in livestock

s. 17

See:
Act No.
115/1994.
Reprint No. 6
as at
1 January 2011
and amending
Act Nos 29/2011 and 69/2011.
LawToday:
www.
legislation.
vic.gov.au

In section 7A(1)(c) of the Livestock Disease Control Act 1994, for "symptoms" substitute "clinical signs".

18Notification of unusual circumstances of disease or death in livestock

In section 7B of the Livestock Disease Control Act 1994, for "14 days" substitute "5days".

19No cattle or pigs on sewage land

(1)After section 43(2) of the Livestock Disease Control Act 1994insert—

"(2A) The owner of cattle or pigs must not permit, suffer or allow the cattle or pigs to be provided with, or given access to, recycled water obtained froma sewerage authority.

Penalty:120 penalty units.".

(2)After section 43(3) of the Livestock Disease Control Act 1994insert—

"(3A) Subsection (2A) does not apply to a sewerage authority which permits, suffers or allows any cattle on land owned or occupied by the sewerage authority to be provided with, or given access to, recycled water obtained from the sewerage authority.".

(3)In section 43(4) of the Livestock Disease Control Act 1994—

(a)in paragraph (b), for "land—" substitute "land; or";

(b)after paragraph (b) insert—

"(c)has been provided with, or given access to, recycled water obtained froma sewerage authority—";

(c)for "(1) or (2)" substitute "(1), (2) or(2A)".

(4)After section 43(6) of the Livestock Disease Control Act 1994insert—

"(7)In this section,recycled water has the same meaning as in section 3(1) of the Water Act 1989.".

20Registration of beekeepers

s. 20

After section 48(4) of the Livestock Disease Control Act 1994 insert—

"(4A) A registration or renewal of registration granted under this section remains in force for a period of one year from the date that it was granted or renewed unless sooner cancelled under section 49A.".

21Annual fees

In section 49 of the Livestock Disease Control Act 1994, after "annual fee" insert "fixed by the Minister (if any)".

22New section 49A inserted

s. 22

After section 49 of the Livestock Disease Control Act 1994insert—

"49A Secretary may cancel registration if fee not paid

The Secretary may cancel the registration of a beekeeper if a fee required to be paid under section49 is not paid in accordance with that section.".

23Exposure of bees to infected articles etc.

After section 52(2) of the Livestock Disease Control Act 1994insert—

"(3)A person must not expose any pollen collected from bees, which is infected with disease, in any manner that will allow bees to access the pollen.

Penalty:60 penalty units.".

24Compensatable diseases

(1)In section 73(1) of the Livestock Disease Control Act 1994—

(a)for "Compensation" substitute "Except under section 75(e), compensation";

(b) omit"tuberculosis or".

(2)In section 73(2) of the Livestock Disease Control Act 1994—

(a)for "A reference" substitute "Except in section 75(e), a reference";

(b) omit"tuberculosis or".

25Compensation payable out of Fund

s. 25

(1)In section 77(1) of the Livestock Disease Control Act 1994—

(a)omit "(1)";

(b)omit "except for compensation for tuberculosis".

(2)Section 77(2) of the Livestock Disease Control Act 1994 is repealed.

26Section 79C substituted

For section 79C of the Livestock Disease Control Act 1994substitute—

"79C Compensation payable for declared diseases

Compensation is only payable under this Division in respect of any disease that is declared by Order in Council published in the Government Gazette to be a compensatable disease in respect of sheep or goats.".

27Records of notifications etc.

After section 107B(1)(a) of the Livestock Disease Control Act 1994insert—

"(b)information given to the Secretary by a Council under section 121A;".

28Treatment notice

For section 115(2) of the Livestock Disease Control Act 1994substitute—

"(2)A person must not contravene any provision of a treatment notice in respect of an exotic disease under this section.

Penalty:120 penalty units.

(3)A person must not contravene any provision of a treatment notice in respect of a disease other than an exotic disease under this section.

Penalty:60 penalty units.".

29New section 121A inserted

s. 29

After section 121 of the Livestock Disease Control Act 1994insert—

"121A Secretary may request information relating to land from Councils

(1)The Secretary, for or in connection with the administration of, or in carrying out his or her functions under, the 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;