Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004

Act No. 69/2004

table of provisions

SectionPage

Part 1—Preliminary Matters

1.Purposes

2.Commencement

Part 2—Amendments to the Fisheries Act 1995

3.Widening of offence concerning the sale of fish

4.Insertion of section 98

98.References in this Part to offences include associated Crimes Act offences

5.Consequential amendments concerning Crimes Act references

6.Changes concerning search warrants

7.Insertion of sections 103A and 103B

103A.Announcement before entry

103B.Details of warrant to be given to occupier

8.Insertion of section 104A

104A.Magistrates' Court may extend 21 day period

9.Changes concerning forfeiture of things seized

10.Updating of reference

11.Extension of ability to issue retention notices

12.Additional authorised offence

13.Amendment to heading

14.Insertion of sections 118A and 118B

118A.Abalone only to be sold in properly labelled packaging

118B.Abalone packaging not to be disturbed

15.Widening of offence to knowingly make false or misleading statements

16.Insertion of Division 2A into Part 7

Division 2A—Offences Concerning Records and the Keeping of Information

120A.Secretary may require details of fish etc. taken or received

120B.Documents to be kept for 3 years

120C.Writing to be legible, visible and in English

17.Repeals consequent to section 16

18.Insertion of sections 120AA–120AC

120AA.Documents detailing sale of certain fish to be created

120AB.Documents detailing receipt of certain fish to be obtained

120AC.Possessor of certain quantities of fish to produce document concerning possession

19.Repeal consequent to section 18

20.Limitation of exception to secrecy provision

21.Insertion of section 147A

147A.Use of information contrary to restrictions

Part 3—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994

22.Minister's power to delegate

23.Dogs and cats to be registered at 3 months

24.Council may declare a dog to be dangerous

25.Notification of Council

26.Restraint of dangerous dogs when on owner's premises

27.Declaration that a dog is a menacing dog

28.Notification to Council in relation to menacing dog

29.Notifications in relation to restricted breed dogs

30.Insertion of Part 3A

Part 3A—Register of Dangerous, menacing and Restricted Breed Dogs

44AA.Definition of inspect

44AB.Secretary must keep register of dangerous, menacing and restricted breed dogs

44AC.Persons who may inspect the register

44AD.Offence to inspect etc. information in register

44AE.Councils to provide details of dangerous, menacing or restricted breed dogs to Secretary

44AF.Details of dangerous, menacing or restricted breed dogs to be provided by Councils

44AG.Council to provide information about owners of dangerous, menacing or restricted breed dogs

44AH.Secretary may request confirmation of information provided by Councils

44AI.Secretary may contract out management of the register

31.Insertion of section 57A

57A.Court may cancel or revoke registration

32.Additional infringement notice offences

33.Offence to sell certain animals outside certain places

34.Power of authorised officers to make declarations as to breed of dogs

35.Regulations

36.Insertion of section 103

103.Councils must provide existing information relating to dangerous, menacing and restricted breed dogs

Part 4—Amendments to the Dairy Act 2000

37.Definitions

38.Insertion of section 22A

22A.Exemptions from licensing requirement

39.Application for dairy industry licence

40.Licence fees

41.Powers of Authority in respect of licences

42.Review of decision of Authority

43.Insertion of section 71

71.Validation of licences paid in instalments

Part 5—Amendments to the Impounding of Livestock Act 1994

44.Purposes

45.Insertion of Part 3A

Part 3A—Lien Over, and Retention and sale of, Agisted horses

24A.Application of Part

24B.Person owed money may create lien over horse

24C.Extinguishment of lien

24D.Right of owner to return of horse

24E.Lien holder may dispose of horse if default not rectified

24F.Default notice

24G.When lien is created

24H.Sale of unclaimed horse by lien holder

24I.Passing of property on sale of horse

24J.Offence to remove or retain custody of horse subject to lien

Part 6—Amendments to the Livestock Disease Control Act 1994

46.Payments out of fund to interstate sheep producers

47.Insertion of sections 79HA and 79HB

'79HA.Interstate sheep producers may apply for payment from fund in respect of duty paid

79HB.Secretary may grant or refuse application

Part 7—Amendments to the Prevention of Cruelty to Animals Act 1986

48.Application of Act

49.Permits for rodeos and rodeo schools

50.Part-time officers of RSPCA may be inspectors

51.Powers of inspectors

52.Search warrants for premises

53.Powers of specialist inspectors

Part 8—Amendments to other Acts

54.Amendments to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992

55.Substitution of sections 56 and 57 of the Mineral Resources Development Act 1990

56.Who may grant a miner's right

57.Grant of miner's right

56.Regulation-making power for fees

57.Amendments to Conservation, Forests and Lands Act 1987

58.Amendments to the Animals Legislation (Animal Welfare) Act 2003

59.Amendments to the Confiscation Act 1997

60.Amendment to the Crimes (Controlled Operations) Act 2004

61.Repeal of the Barley Marketing Act 1993

═══════════════

Endnotes

SectionPage

Victoria

No. 69 of 2004

SectionPage

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004[†]

[Assented to 19 October 2004]

Act No. 69/2004

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004

Act No. 69/2004

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004

The Parliament of Victoriaenacts as follows:

Part 8—Amendments to other Acts

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004

Act No. 69/2004

Part 1—Preliminary Matters

1.Purposes

The main purposes of this Act are—

(a)to amend the Fisheries Act 1995 to strengthen the enforcement powers under that Act; and

(b)to amend the Domestic (Feral and Nuisance) Animals Act 1994 to provide for the establishment of a register of dangerous and menacing dogs and dogs that have been declared to be restricted breed dogs under that Act; and

(c)to amend the Dairy Act 2000 to provide for the payment of licence fees by instalments; and

(d)to amend the Impounding of Livestock Act 1994 to provide for liens over horses in respect of which agistment fees are owed; and

(e)to amend the Livestock Disease Control Act 1994 to provide for the refund of duty paid by interstate producers of sheep; and

(f)to amend the Prevention of Cruelty to Animals Act 1986 to make changes in relation to inspectors' powers; and

(g)to make minor amendments to those Acts and to the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Mineral Resources Development Act 1990, the Conservation, Forests and Lands Act 1987, the Animals Legislation (Animal Welfare) Act 2003, the Confiscation Act 1997 and the Crimes (Controlled Operations) Act 2004; and

(h)to repeal the Barley Marketing Act 1993.

2.Commencement

s. 2

(1)This Act, except sections 14, 18, 19, 30, 32, 35, 36, 37, 38, 39, 40, 41, 42, 43, 49 and 55, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Subject to sub-section (5), sections 14 and 49 come into operation on a day or days to be proclaimed.

(3)Subject to sub-section (5), sections 18 and 19 come into operation on a day to be proclaimed.

(4)Subject to sub-section (5), sections 30, 35 and 36 come into operation on a day to be proclaimed.

(5)If a provision referred to in sub-section (2), (3) or (4) does not come into operation before 1 July 2006, it comes into operation on that day.

(6)Subject to sub-section (7), section 32 comes into operation on a day to be proclaimed.

(7)If section 32 does not come into operation before 1 March 2005, it comes into operation on that day.

(8)Subject to sub-section (11), section 37 comes into operation on a day to be proclaimed.

(9)Subject to sub-section (11), sections 38 and 42 come into operation on a day to be proclaimed.

(10)Subject to sub-section (11), sections 39, 40, 41 and 43 come into operation on a day to be proclaimed.

(11)If a provision referred to in sub-section (8), (9) or (10) does not come into operation before 1 December 2005, it comes into operation on that day.

s. 2

(12)Subject to sub-section (13), section 55 comes into operation on a day to be proclaimed.

(13)If section 55 does not come into operation before 20 December 2005, it comes into operation on that day.

______

See:
Act No.
92/1995.
Reprint No. 3
as at
16 November 2002
and amending
Act Nos
80/2000,
17/2002,
40/2002, 24/2003, 56/2003, 97/2003, 108/2003, 16/2004 and 22/2004.
LawToday:

dpc.vic.
gov.au

Part 2—Amendments to the Fisheries Act 1995

3.Widening of offence concerning the sale of fish

s. 3

(1)In section 40 of the Fisheries Act 1995—

(a)insert the following heading—

"Offence to receive or sell any fish";

(b)in sub-section (1)(c), for "consign for sale" substitute "sell".

(2)In section 41(1)(c) of the Fisheries Act 1995, for "consign for sale" substitute "sell".

4.Insertion of section 98

Before section 99 of the Fisheries Act 1995 insert—

'98.References in this Part to offences include associated Crimes Act offences

(1)An "associated offence" is—

(a)an offence against section 194 or 195 of the Crimes Act 1958 where the proceeds of crime are the proceeds of an offence under this Act that is also a forfeiture offence under the Confiscation Act 1997;

(b)an offence against section 195A of the Crimes Act 1958 where the instrument of crime is used to commit an offence under this Act that is also a forfeiture offence under the Confiscation Act 1997;

(c)an offence against one of the following provisions of the Crimes Act 1958 in respect of an offence against this Act—

(i)section 321(1) (conspiracy to commit an offence);

(ii)section 321G(1) (incitement);

(iii)section 321M (attempt to commit indictable offence);

(iv)section 321O(2) (attempt to commit indictable offence outside Victoria);

(v)section 325(1) (accessories);

(vi)section 326(1) (concealing offences for benefit).

(2)A reference in this Part to an offence under, against, or contrary to, this Act is to be read as including a reference to an associated offence.

s. 4

(3)If this Act authorises an authorised officer or a member of the police force to exercise a power for the purpose of ascertaining whether or not the provisions of this Act are being observed, the officer or member may also exercise that power for the purpose of ascertaining whether or not an associated offence has been committed.

(4)A reference in this Part to a contravention of this Act is to be read as including a reference to the commission of an associated offence.

(5)A reference in this Part to an offence under, against or contrary to, a particular provision of this Act is to be read as including a reference to any associated offence committed in respect of that provision.'.

5.Consequential amendments concerning Crimes Act references

s. 5

(1)In section 4(1) of the Fisheries Act 1995 insert the following definition—

' "associated offence" has the meaning set out in section 98(1);'.

(2)After section 110A(1) of the Fisheries Act 1995 insert—

"(1A)Sub-section (1) also applies to an associated offence in relation to any offence listed in sub-section (1).".

(3)After section 128(7) of the Fisheries Act 1995 insert—

"(8)A reference to a breach of a section to which sub-section (1) applies is to be read as including a reference to the commission of an associated offence in relation to a section to which sub-section (1) applies.".

6.Changes concerning search warrants

(1)In section 103 of the Fisheries Act 1995—

(a)insert the following heading—

"Powers to search land or premises";

(b)in sub-section (1), for "dwelling house" substitute "land or premises (including a dwelling house)";

(c)in sub-sections (2)(a), (2)(b), (3)(a), (3)(c) and (5)(a), for "dwelling house" substitute "land or premises".

(2)For section 103(3)(b) of the Fisheries Act 1995 substitute—

"(b)seize any evidence of an offence against any law or any thing used in connection with such an offence (including boats, trailers, aircraft, motor vehicles, non-motorised vehicles, communications equipment, viewing or scanning devices, fishing equipment, diving equipment, processing equipment, tools, electronic equipment, office equipment, provisions, materials, fish, protected aquatic biota, noxious aquatic species, and documents) found on the land or premises and anything that the officer or member believes, on reasonable grounds, may be evidence of an offence against this Act, a regulation or a fisheries notice;".

(3)After section 103(5) of the Fisheries Act 1995 insert—

"(6)Nothing in this section is intended to limit the powers conferred on an authorised officer or a member of the police force by any other section of this Act.".

(4)In section 105(2) of the Fisheries Act 1995, for "provisions and materials" substitute "provisions, materials, protected aquatic biota, noxious aquatic species, and documents".

7.Insertion of sections 103A and 103B

s. 7

After section 103 of the Fisheries Act 1995 insert—

"103A.Announcement before entry

(1)Before executing a search warrant, the authorised officer or member of the police force executing the warrant—

(a)must announce that he or she is authorised by the warrant to enter the land or premises; and

(b)must give any person on the land or premises an opportunity to allow entry to the land or premises.

(2)The officer or member need not comply with sub-section (1) if he or she believes, on reasonable grounds, that immediate entry to the land or premises is required to ensure—

(a)the safety of any person; or

(b)that the effective execution of the warrant is not frustrated.

103B.Details of warrant to be given to occupier

s. 7

(1)If the occupier is present on land or premises where a search warrant is being executed, the officer or member must—

(a)identify himself or herself to the occupier; and

(b)give to the occupier a copy of the warrant.

(2)If the occupier is not present on the land or premises where a search warrant is being executed but another person is present, the officer or member must—

(a)identify himself or herself to that person; and

(b)give the person a copy of the warrant.".

8.Insertion of section 104A

s. 8

After section 104 of the Fisheries Act 1995 insert—

"104A.Magistrates' Court may extend 21 day period

(1)An authorised officer or member of the police force may apply to the Magistrates' Court within 21 days after seizing a document for an extension of the 21 day period referred to in section 104(5).

(2)The Court may order such an extension if it is satisfied—

(a)that the seizure of the document was reasonable; and

(b)that the granting of the extension would not unreasonably prejudice, or cause unreasonable hardship to, the person from whom the document was seized; and

(c)that it is in the public interest to grant the extension.

(3)The Court may adjourn an application to enable notice of the application to be given to any person.

(4)If an application is made under sub-section (1), it is not necessary for the officer or member to give or send a copy of the document under section 104(5) until the day after the Court refuses the application or the application is withdrawn or abandoned, or until the day specified by the Court, as the case may be.".

9.Changes concerning forfeiture of things seized

s. 9

(1)In sections 106(1) and 106(5) of the Fisheries Act 1995, before "use" insert "possession, sale or".

(2)For section 106(5A) of the Fisheries Act 1995 substitute—

"(5A)A court must order the forfeiture of the thing under sub-section (5) if the person in respect of whom the court found an offence proven has previously been convicted or found guilty on 2 or more occasions of—

(a)an offence involving priority species under section 36(1), 37(1), 40(1), 67(3), 68A(4B), 68A(5), 68B(1), 111A, 111B, 111C, 114(3), 116(1), 119A, 119B, 130(4), 130A(5) or 130B(6); or

(b)an associated offence in relation to an offence referred to in paragraph (a).".

10.Updating of reference

In section 106A(1) of the Fisheries Act 1995, for "inspector" substitute "officer or member".

11.Extension of ability to issue retention notices

(1)For section 108A(1) of the Fisheries Act 1995 substitute—

"(1)This section applies to a thing that an authorised officer or a member of the police force—

(a)believes on reasonable grounds has been taken or used in contravention of this Act or a corresponding law of another State or a Territory of the Commonwealth; or

(b)is entitled to seize under this Act.

(1A)The officer or member may issue the person holding or using the thing with a notice requiring the person to keep the thing in his or her possession and not to sell or dispose of the thing.".

(2)In section 108A(2) of the Fisheries Act 1995, for "sub-section (1)" substitute "sub-section (1A)".

(3)After section 4(7) of the Fisheries Act 1995 insert—

'(7A)A reference to "his or her" is to be read as including a reference to "its", if the context permits.'.

12.Additional authorised offence

s. 12

In section 110A of the Fisheries Act 1995, after "67, 68A," insert "68B,".

13.Amendment to heading

In the heading to Division 2 of Part 7 of the Fisheries Act 1995, before "Offences" insert "General".

14.Insertion of sections 118A and 118B

After section 118 of the Fisheries Act 1995 insert—

"118A.Abalone only to be sold in properly labelled packaging

A person must not sell any abalone unless the abalone is packaged and the packaging is marked or labelled in accordance with regulations made for the purposes of this section.

Penalty: 60 penalty units.

118B.Abalone packaging not to be disturbed

(1)A person must not remove, destroy or render wholly or partially illegible any mark or label on any packaging containing abalone if that mark or label has been placed on the packaging in accordance with the regulations.

Penalty: 60 penalty units.

(2)A person must not deface, damage or destroy any packaging containing abalone.

Penalty: 60 penalty units.

(3)Sub-sections (1) and (2) do not apply to a person who does anything prohibited by those sub-sections—

(a)at a place for the purposes of enabling the abalone to be consumed at that place; or

(b)with the authority of the Secretary.".

15.Widening of offence to knowingly make false or misleading statements

s. 15

In section 119A of the Fisheries Act 1995—

(a)in the heading, omit "in relation to priority species";

(b)omit "in relation to a priority species".

16.Insertion of Division 2A into Part 7

s. 16

After section 120 of the Fisheries Act 1995 insert—

"Division 2A—Offences Concerning Records and the Keeping of Information

120A.Secretary may require details of fish etc. taken or received

(1)The Secretary may, by written notice, require a person to give to the Secretary, or to some other person or officer specified by the Secretary, the following details in writing—

(a)whether the person, either as principal or agent, took, produced or consigned fish, protected aquatic biota or noxious aquatic species in any specified period and, if so—

(i)the quantity of fish, protected aquatic biota or noxious aquatic species taken, produced or consigned in that period;

(ii)the number of people who were engaged or employed in taking, producing or consigning those fish, protected aquatic biota or noxious aquatic species and the number of hours those people were engaged or employed in carrying out those activities;

(iii)the name and address of each of those people;

(iv)the equipment and methods used to take or produce those fish, protected aquatic biota or noxious aquatic species;

(v)the name and address of each person to whom those fish, protected aquatic biota or noxious aquatic species were consigned, transported or delivered;

(vi)the address of the premises to which those fish, protected aquatic biota or noxious aquatic species were consigned, transported or delivered;

(b)whether the person, either as principal or agent, received fish, protected aquatic biota or noxious aquatic species in any specified period, and, if so—

s. 16

(i)the quantity of those fish, protected aquatic biota or noxious aquatic species received by him or her; and

(ii)the name and address of each person who consigned, transported or delivered those fish, protected aquatic biota or noxious aquatic species.

(2)In imposing a requirement under sub-section (1), the Secretary—