Primary Industries Legislation Amendment Act
2014
No. 71 of 2014
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purpose
Commencement
1
2
PART 2—AMENDMENTS TO THE PREVENTION OF CRUELTY
TO ANIMALS ACT 1986
3
4
5
6
7
8
9
10
11
Definitions
Baiting and luring
Definitions
Authorized officers
Offences as to authorized officers
Power to serve a notice
Evidence
Neglect to prosecute
Regulations
PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS
ACT 1994
12
13
14
15
16
3
3
3
3
4
4
4
5
5
6
Definitions
Registration numbers, certificates and identification markers
Powers of Council
New Division 5 of Part 4 inserted
6
6
7
8
Division 5—Offences
8
63AB Record keeping offences for pet shop proprietors
Seizure of dog or cat from unregistered breeding domestic
animal business
8
PART 4—AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994
17
18
19
3
Definitions
Swill feeding of pigs
Registration of beekeepers
9
10
10
10
10
i
Section
20
21
22
23
Page
Annual fees
Apicultural Industry Advisory Committee
Inspector may order hives to be cleaned
New section 149 inserted
149
Transitional provision—Primary Industries
Legislation Amendment Act 2014
PART 5—AMENDMENTS TO THE VETERINARY PRACTICE
ACT 1997
24
25
26
27
28
29
30
31
32
33
34
35
36
37
10
11
11
11
11
13
Definitions
Application for registration
Endorsement of registration as a specialist practitioner
Duration and renewal of registration
Application for renewal of and refusal to renew registration
Requirement to notify the Board of change of address
Notice of an informal hearing
Notice of a formal hearing
Requirements as to attendance at preliminary conference
Conduct of a formal hearing
Procedure at formal and informal hearings
Advertising
Powers of board in relation to fees
New Part 11 inserted
13
13
14
14
14
14
15
15
15
15
15
15
15
16
PART 11—SAVINGS AND TRANSITIONAL
PROVISIONS ARISING FROM AMENDING ACTS
16
96
38
Transitional provision—Primary Industries
Legislation Amendment Act 2014
Amendment consequential upon the Legal Profession
Uniform Law Application Act 2014
PART 6—AMENDMENTS TO THE PLANT BIOSECURITY
ACT 2010
39
40
41
42
43
44
45
46
47
Importation of prescribed material
Possession of prescribed material
Assurance certificates
Plant health certificates
Plant health declarations
Notification of plant pests or diseases
Return, treatment or disposal of plants etc. at direction of
inspector
Contravention of importation order
Extension of time
ii
16
16
17
17
18
19
19
19
19
19
20
20
Section
Page
PART 7—REPEAL OF AMENDING ACT
48
Repeal of amending Act
21
21
═══════════════
ENDNOTES
22
iii
Victoria
Primary Industries Legislation
Amendment Act 2014†
No. 71 of 2014
[Assented to 30 September 2014]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to amend—
(a) the Prevention of Cruelty to Animals Act
1986; and
(b) the Domestic Animals Act 1994; and
(c) the Livestock Disease Control Act 1994;
and
1
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 2
Part 1—Preliminary
(d) the Veterinary Practice Act 1997; and
(e) the Plant Biosecurity Act 2010—
to further improve the operation of those Acts.
2 Commencement
(1) Subject to subsection (2), this Act, other than
section 38, comes into operation on a day or days
to be proclaimed.
(2) Section 38 comes into operation on the later of—
(a) the day on which section 3 comes into
operation; and
(b) the day on which section 158 of the Legal
Profession Uniform Law Application Act
2014 comes into operation.
(3) If a provision of this Act, other than section 38,
does not come into operation before 1 July 2015,
it comes into operation on that day.
__________________
2
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 2—Amendments to the Prevention of Cruelty to Animals Act 1986
s. 3
PART 2—AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986
3 Definitions
In section 3(1) of the Prevention of Cruelty to
Animals Act 1986—
(a) in the definition of farm animal, for
"connexion" (where twice occurring)
substitute "connection";
(b) in paragraph (e) of the definition of scientific
procedure, for "connexion" substitute
"connection".
4 Baiting and luring
In section 13(1)(d) and (e) of the Prevention of
Cruelty to Animals Act 1986, for "connexion"
substitute "connection".
5 Definitions
In section 25 of the Prevention of Cruelty to
Animals Act 1986, for the definition of
authorized officer substitute—
"authorised officer means a person appointed to
be an authorised officer under section 35;".
6 Authorized officers
(1) Insert the following heading to section 35 of the
Prevention of Cruelty to Animals Act 1986—
"Authorised officers".
(2) In section 35(1), (2), (3), (4) and (5) of the
Prevention of Cruelty to Animals Act 1986, for
"authorized" substitute "authorised".
3
See:
Act No.
46/1986.
Reprint No. 8
as at
27 May 2010
and
amending
Act Nos
75/2011,
60/2012,
70/2013 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 7
Part 2—Amendments to the Prevention of Cruelty to Animals Act 1986
(3) In section 35(6) of the Prevention of Cruelty to
Animals Act 1986, for "authorized" (where twice
occurring) substitute "authorised".
(4) In section 35(7) and (8) of the Prevention of
Cruelty to Animals Act 1986, for "authorized"
substitute "authorised".
7 Offences as to authorized officers
(1) In the heading to section 35A of the Prevention
of Cruelty to Animals Act 1986, for
"authorized" substitute "authorised".
(2) In section 35A(1) of the Prevention of Cruelty to
Animals Act 1986, for "authorized" substitute
"authorised".
(3) In section 35A(2) and (3) of the Prevention of
Cruelty to Animals Act 1986, for "authorized"
(where twice occurring) substitute "authorised".
(4) In section 35A(4) of the Prevention of Cruelty to
Animals Act 1986, for "authorized" substitute
"authorised".
8 Power to serve a notice
(1) In section 37A(2)(a) of the Prevention of Cruelty
to Animals Act 1986, for "authorized" substitute
"authorised".
(2) For section 37A(2)(b) of the Prevention of
Cruelty to Animals Act 1986 substitute—
"(b) in any other case, a POCTA inspector.".
9 Evidence
In section 39(b) of the Prevention of Cruelty to
Animals Act 1986—
(a) for subparagraph (i) substitute—
"(i) the approval of a person as a POCTA
inspector; or";
4
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 2—Amendments to the Prevention of Cruelty to Animals Act 1986
(b) in subparagraph (iii), for "authorized"
substitute "authorised";
(c) in subparagraph (iv), for "authorized under
section 24" substitute "authorised under
section 24ZW".
10 Neglect to prosecute
In section 40 of the Prevention of Cruelty to
Animals Act 1986, for "authorize" substitute
"authorise".
11 Regulations
(1) In section 42(1)(a) of the Prevention of Cruelty
to Animals Act 1986, for "authorized" (where
twice occurring) substitute "authorised".
(2) In section 42(2)(f) of the Prevention of Cruelty
to Animals Act 1986, for "connexion" substitute
"connection".
__________________
5
s. 10
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 12
Part 3—Amendments to the Domestic Animals Act 1994
PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS
ACT 1994
12 Definitions
See:
Act No.
81/1994.
Reprint No. 6
as at
10 July 2013
and
amending
Act Nos
70/2013,
8/2014 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Domestic Animals Act
1994—
(a) for paragraph (b)(i) of the definition of
domestic animal business substitute—
"(i) in the case of an enterprise whose
proprietor is a member of an applicable
organisation—
(A) the enterprise has 10 or more
fertile female dogs or 10 or more
fertile female cats; or
(B) the enterprise has between 3 and 9
fertile female dogs or between
3 and 9 fertile female cats in
circumstances where no more than
2 of the fertile female dogs or
fertile female cats (as the case
may be) are not registered with the
applicable organisation; or";
(b) in paragraph (b) of the definition of
restricted breed dog, for "Brasiliero"
substitute "Brasileiro".
13 Registration numbers, certificates and identification
markers
In section 19(1)(c) of the Domestic Animals Act
1994—
(a) for "Council, the" substitute "Council and
the";
(b) omit "and the year of registration".
6
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 3—Amendments to the Domestic Animals Act 1994
14 Powers of Council
(1) In section 54(2) of the Domestic Animals Act
1994, for "A" substitute "Subject to subsection
(3), a".
(2) After section 54(2) of the Domestic Animals Act
1994 insert—
"(3) A Council must refuse to register or renew
the registration of a premises in relation to a
breeding domestic animal business if the
Council is satisfied that a relevant person
has, at any time within 10 years preceding
the date of the application for registration—
(a) been found guilty of a specified
offence; or
(b) been the subject of an order made under
section 12(1) of the Prevention of
Cruelty to Animals Act 1986; or
(c) been the subject of an order registered
under section 12A(2) of the Prevention
of Cruelty to Animals Act 1986.
(4) For the purposes of this section—
relevant person, in relation to an application
to register or renew the registration of a
premises in relation to a breeding
domestic animal business, means any of
the following—
(a) the proprietor of a breeding
domestic animal business to
which the premises relates;
(b) the person who conducts a
breeding domestic animal
business to which the premises
relates;
7
s. 14
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 15
Part 3—Amendments to the Domestic Animals Act 1994
(c) the person applying for
registration;
specified offence means an offence against
any of the following provisions of the
Prevention of Cruelty to Animals
1986 Act—
(a) section 9(1);
(b) section 10(1);
(c) section 12(7);
(d) section 12A(8);
(e) section 15C(1);
(f) section 15C(2).".
15 New Division 5 of Part 4 inserted
After Division 4 of Part 4 of the Domestic
Animals Act 1994 insert—
"Division 5—Offences
63AB Record keeping offences for pet shop
proprietors
(1) The proprietor of a pet shop must, in relation
to each dog or cat that is offered for sale or
sold at the pet shop—
(a) make and keep records—
(i) of the name and address of the
person from whom the proprietor
obtained the dog or cat; and
(ii) of any other prescribed
information; and
(b) keep and maintain copies of all such
records in the prescribed manner.
Penalty: 120 penalty units.
8
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 3—Amendments to the Domestic Animals Act 1994
(2) A person who is required to make and keep
records under subsection (1) must not
knowingly make or keep records that are
incomplete, inaccurate or false.
Penalty: 120 penalty units.".
16 Seizure of dog or cat from unregistered breeding
domestic animal business
(1) In section 82A(2)(b) of the Domestic Animals
Act 1994, after "has been" insert "refused or".
(2) After section 82A(2)(b) of the Domestic Animals
Act 1994 insert—
"(ba) the renewal of registration of the premises
was refused under section 54(3); or".
__________________
9
s. 16
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 17
Part 4—Amendments to the Livestock Disease Control Act 1994
PART 4—AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994
17 Definitions
See:
Act No.
115/1994.
Reprint No. 7
as at
25 September
2013 and
amending
Act Nos
7/2007,
70/2013,
73/2013 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Livestock Disease Control
Act 1994, in the definition of cattle, after "calf"
insert ", bison".
18 Swill feeding of pigs
For the penalty at the foot of section 41(1) of the
Livestock Disease Control Act 1994
substitute—
"Penalty: 120 penalty units, in the case of a
natural person.
360 penalty units, in the case of a body
corporate.".
19 Registration of beekeepers
In section 48(4A) of the Livestock Disease
Control Act 1994, for "one year" substitute "two
years".
20 Annual fees
(1) Insert the following heading to section 49 of the
Livestock Disease Control Act 1994—
"Biennial fees".
10
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 4—Amendments to the Livestock Disease Control Act 1994
(2) In section 49 of the Livestock Disease Control
Act 1994—
(a) in paragraph (b), for "each" substitute
"every second";
(b) for "annual" substitute "biennial".
21 Apicultural Industry Advisory Committee
In section 70(3) of the Livestock Disease Control
Act 1994—
(a) for "5 members" substitute "6 members";
(b) in paragraph (a), after "Inc." insert ", and at
least one of the persons nominated is to have
experience and knowledge of the delivery of
honey bee crop pollination services";
(c) after paragraph (a) insert—
"(ab) one is to be a person with general
knowledge of the beekeeping industry
nominated by the Victorian Farmers
Federation;".
22 Inspector may order hives to be cleaned
In section 122(3) of the Livestock Disease
Control Act 1994, for "$3000" substitute
"$12 000".
23 New section 149 inserted
After section 148 of the Livestock Disease
Control Act 1994 insert—
"149 Transitional provision—Primary
Industries Legislation Amendment Act
2014
The Apicultural Industry Advisory
Committee is taken to be the same body
despite the changes relating to its
membership made by section 21 of the
11
s. 21
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 23
Part 4—Amendments to the Livestock Disease Control Act 1994
Primary Industries Legislation
Amendment Act 2014.".
__________________
12
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 5—Amendments to the Veterinary Practice Act 1997
s. 24
PART 5—AMENDMENTS TO THE VETERINARY PRACTICE
ACT 1997
24 Definitions
In section 3 of the Veterinary Practice Act 1997,
insert the following definitions—
"Australian legal practitioner has the same
meaning as in the Legal Profession Act
2004;
principal place of residence includes sole place of
residence;".
25 Application for registration
For section 4(1) of the Veterinary Practice Act
1997 substitute—
"(1) Subject to subsection (1A), only the
following persons may apply for registration
as a veterinary practitioner under this Part—
(a) in the case of an application for general
registration under section 6—
(i) a natural person whose principal
place of residence is in Victoria;
(ii) a natural person whose principal
place of residence will be in
Victoria while practising as a
veterinary practitioner;
(b) in the case of an application for specific
registration under section 7 or nonpractising registration under section
7A, a natural person.".
13
See:
Act No.
58/1997.
Reprint No. 3
as at
7 November
2012 and
amending
Act Nos
70/2013 and
17/2014.
LawToday:
www.
legislation.
vic.gov.au
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 26
Part 5—Amendments to the Veterinary Practice Act 1997
26 Endorsement of registration as a specialist
practitioner
In section 8(6) of the Veterinary Practice Act
1997, for "the Government Gazette and in any"
substitute "a".
27 Duration and renewal of registration
(1) In section 11(1) of the Veterinary Practice Act
1997, for "31 December of the year" substitute
"the end of the financial year".
(2) At the foot of section 11(1) of the Veterinary
Practice Act 1997 insert—
"Note
A financial year is the period of twelve months ending at
midnight on 30 June: see s. 44(6)(d) of the Interpretation
of Legislation Act 1984.".
28 Application for renewal of and refusal to renew
registration
In section 12 of the Veterinary Practice Act
1997—
(a) in subsection (2), for "3 months" substitute
"one month";
(b) in subsection (3), for "3 months" (where
twice occurring) substitute "one month".
29 Requirement to notify the Board of change of
address
In section 19 of the Veterinary Practice Act
1997, for "the address" substitute "any address".
14
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 5—Amendments to the Veterinary Practice Act 1997
30 Notice of an informal hearing
In section 36(d) of the Veterinary Practice Act
1997—
(a) omit "there is no right to legal representation
at the hearing, but that";
(b) after "another person," insert "but is not
entitled to be represented,".
31 Notice of a formal hearing
In section 43(c) of the Veterinary Practice Act
1997, after "represented" insert "by an Australian
legal practitioner".
32 Requirements as to attendance at preliminary
conference
In section 43B of the Veterinary Practice Act
1997, after "representative" insert "who is an
Australian legal practitioner".
33 Conduct of a formal hearing
In section 44(b) of the Veterinary Practice Act
1997, after "represented" insert "by an Australian
legal practitioner".
34 Procedure at formal and informal hearings
In section 47(c) of the Veterinary Practice Act
1997, after "thinks fit" insert ", including by
reference to any guidelines issued under
section 62(1)(e) as to appropriate standards of
veterinary practice and veterinary facilities".
35 Advertising
Section 59(1)(c) of the Veterinary Practice Act
1997 is repealed.
36 Powers of board in relation to fees
In section 86(1)(c) of the Veterinary Practice
Act 1997 omit "and in the Government Gazette".
15
s. 30
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 37
Part 5—Amendments to the Veterinary Practice Act 1997
37 New Part 11 inserted
After Part 10 of the Veterinary Practice Act
1997 insert—
"PART 11—SAVINGS AND TRANSITIONAL
PROVISIONS ARISING FROM AMENDING
ACTS
96 Transitional provision—Primary
Industries Legislation Amendment Act
2014
(1) Despite section 11(1), in the case of the
registration of a veterinary practitioner which
is not specific which, immediately before the
commencement of section 27(1) of the
Primary Industries Legislation
Amendment Act 2014, was due to continue
in force until 31 December 2015, the Board
may renew the registration for a period of up
to 18 months but ending no later than
midnight on 30 June 2017.
(2) Despite section 86(1)(a), in the case of a fee
for renewal of registration for the period of
18 months ending at midnight on 30 June
2017, the Board may fix a fee for a period of
greater than 12 months.".
38 Amendment consequential upon the Legal
Profession Uniform Law Application Act 2014
In section 3 of the Veterinary Practice Act 1997,
the definition of Australian legal practitioner is
repealed.
__________________
16
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 6—Amendments to the Plant Biosecurity Act 2010
s. 39
PART 6—AMENDMENTS TO THE PLANT BIOSECURITY
ACT 2010
39 Importation of prescribed material
(1) For section 8(1) of the Plant Biosecurity Act
2010 substitute—
"(1) A person must not import, introduce or bring
into Victoria from a prescribed State or
Territory or a prescribed part of a State or
Territory any prescribed material unless the
person complies with the applicable
requirements of subsection (1C).
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
60 penalty units.
(1A) A person must not introduce or bring
prescribed material into any part of Victoria
from a restricted area unless the person
complies with the applicable requirements of
subsection (1C).
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
60 penalty units.
(1B) A person must not cause or permit any of the
things in subsection (1) or (1A) to be done
unless the person complies with the
applicable requirements of subsection (1C).
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
60 penalty units.
17
See:
Act No.
60/2010
and
amending
Act Nos
82/2012,
54/2013,
70/2013 and
37/2014
LawToday:
www.
legislation.
vic.gov.au
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 40
Part 6—Amendments to the Plant Biosecurity Act 2010
(1C) For the purposes of subsections (1), (1A) and
(1B), the requirements are that a person, if
required by the regulations—
(a) has sent to the Secretary or a person
authorised under a compliance
agreement made under section 47 and
has in the person's possession at the
time that the prescribed material is
delivered to a person in Victoria a copy
of—
(i) an assurance certificate; or
(ii) a plant health certificate; or
(iii) a plant health declaration; or
(b) has presented the prescribed material
for inspection, examination and
treatment at a prescribed place or a
place nominated by an inspector.".
(2) In section 8(2) of the Plant Biosecurity Act
2010—
(a) for "subsection (1)(a), (b) or (c)" substitute
"subsection (1), (1A) or (1B)"; and
(b) for "subsection (1)(d) or (e)" substitute
"subsection (1C)".
40 Possession of prescribed material
(1) In section 9(1) of the Plant Biosecurity Act 2010,
for "section 8(1)(d) or (e)" substitute
"section 8(1C)(a) or (b)".
(2) In section 9(2) of the Plant Biosecurity Act 2010,
for "section 8(1)(d) or (e)" substitute
"section 8(1C)(a) or (b)".
18
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 6—Amendments to the Plant Biosecurity Act 2010
41 Assurance certificates
In section 11 of the Plant Biosecurity Act 2010,
for "section 8(1)(d)" substitute
"section 8(1C)(a)".
42 Plant health certificates
In section 12 of the Plant Biosecurity Act 2010,
for "section 8(1)(d)" substitute
"section 8(1C)(a)".
43 Plant health declarations
In section 13 of the Plant Biosecurity Act 2010,
for "section 8(1)(d)" substitute
"section 8(1C)(a)".
44 Notification of plant pests or diseases
In section 17(1) of the Plant Biosecurity Act
2010, for "plant or plant product" substitute
"plant, plant product, used package, used
equipment or earth material".
45 Return, treatment or disposal of plants etc. at
direction of inspector
For section 23(1) of the Plant Biosecurity Act
2010 substitute—
"(1) This section applies if any plant, plant
product, plant vector, used package, used
equipment, earth material or beehive is—
(a) introduced into Victoria; or
(b) introduced into a control area declared
by the Governor in Council under
section 19; or
(c) introduced into an infected place or
restricted area; or
(d) sent from a control area declared by the
Governor in Council under section 19
into another part of Victoria; or
19
s. 41
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
s. 46
Part 6—Amendments to the Plant Biosecurity Act 2010
(e) sent from an infected place or restricted
area—
contrary to any provision of this Act or an
order made under this Act.".
46 Contravention of importation order
For section 38(2) of the Plant Biosecurity Act
2010 substitute—
"(2) A person must not cause, permit or assist any
plant, plant product, plant vector, used
equipment, used package, earth material or
beehive to enter or be imported into Victoria
in contravention of an importation order
under section 36.
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
60 penalty units.".
47 Extension of time
In section 125 of the Plant Biosecurity Act 2010,
for "sections 8" substitute "sections 8(1), 8(1A),
8(1B), 8(2)".
__________________
20
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Part 7—Repeal of Amending Act
PART 7—REPEAL OF AMENDING ACT
48 Repeal of amending Act
This Act is repealed on 1 July 2016.
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).
═══════════════
21
s. 48
Primary Industries Legislation Amendment Act 2014
No. 71 of 2014
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 20 August 2014
Legislative Council: 4 September 2014
The long title for the Bill for this Act was "A Bill for an Act to amend the
Prevention of Cruelty to Animals Act 1986, the Domestic Animals Act
1994, the Livestock Disease Control Act 1994, the Veterinary Practice
Act 1997 and the Plant Biosecurity Act 2010 to further improve the
operation of those Acts and for other purposes."
22