Primary Industries Legislation Amendment Act
2012
No. 29 of 2012
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purposes
Commencement
1
2
PART 2—AMENDMENTS TO THE AGRICULTURAL AND
VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992
3
4
5
6
7
8
9
Off-label use of chemical products
Authorised officers
Powers of authorised officers
New section 67B inserted
67B
Non-return of cancelled or suspended authority an
offence
Infringement notices
Time limit for commencing prosecutions
Cancellation or suspension
PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS
ACT 1994
10
11
12
13
14
15
16
17
18
Parent or guardian deemed to be owner
Minister's power to delegate
Dogs and cats that are exempt from desexing
Restraint of dangerous dogs when on owner's premises
Restraint of restricted breed dogs when on owner's premises
Prohibition on transfer of ownership of restricted breed dogs
Prohibition on minor having control of dog outside owner's
premises
New section 106 inserted
106
Transitional provision—Primary Industries
Legislation Amendment Act 2012
Amendment to Schedule—Removal of reduced registration
fee for permanently identified dogs or cats
i
3
3
3
3
4
4
4
4
4
6
6
6
6
7
7
7
7
7
7
8
Section
Page
PART 4—AMENDMENTS TO THE LIVESTOCK
MANAGEMENT ACT 2010
19
20
21
Inspector may issue notice of suspension
Offence to endanger people or animals or risk disease
Power to serve a notice
PART 5—REPEAL OF AMENDING ACT
22
Repeal of amending Act
═══════════════
ENDNOTES
9
9
9
9
10
10
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ii
Victoria
Primary Industries Legislation
Amendment Act 2012†
No. 29 of 2012
[Assented to 29 May 2012]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992 to—
(i) provide for a further prohibition on
selling certain stock or agricultural
produce unless the seller has disclosed
1
Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
s. 2
Part 1—Preliminary
to the buyer certain information about
the stock or produce; and
(ii) insert a requirement for the return of
cancelled or suspended authorities to
the chief administrator; and
(iii) increase the maximum penalty for an
infringement offence; and
(iv) make other miscellaneous amendments
to that Act; and
(b) to amend the Domestic Animals Act 1994—
(i) to provide for an age limit of 18 years
for minors under that Act; and
(ii) to remove the reduced registration fee
for permanently identified dogs and
cats; and
(iii) to make other miscellaneous
amendments to that Act; and
(c) to amend the Livestock Management Act
2010 to make miscellaneous amendments to
that Act.
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 11 April 2013, it comes into
operation on that day.
__________________
2
Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
Part 2—Amendments to the Agricultural and Veterinary Chemicals (Control
of Use) Act 1992
s. 3
PART 2—AMENDMENTS TO THE AGRICULTURAL AND
VETERINARY CHEMICALS (CONTROL OF USE) ACT 1992
3 Off-label use of chemical products
In section 19(7) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992—
(a) in paragraph (b), for "land—", substitute
"land; or";
(b) after paragraph (b) insert—
"(c) consumed agricultural produce derived
from any plant or animal to which an
agricultural chemical product has been
applied if—
(i) in the case of agricultural produce
derived from a plant, the
agricultural produce was
harvested from the plant; or
(ii) in the case of agricultural produce
obtained from an animal, the
agricultural produce was obtained
from the animal—".
4 Authorised officers
In section 53(2) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992, for "certificate" substitute "card".
5 Powers of authorised officers
In section 54(1)(g) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992, after "Act" insert "or any regulation or
Order made under this Act".
3
See:
Act No.
46/1992.
Reprint No. 5
as at
13 October
2011.
LawToday:
www.
legislation.
vic.gov.au
Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
s. 6
Part 2—Amendments to the Agricultural and Veterinary Chemicals (Control
of Use) Act 1992
6 New section 67B inserted
After section 67A of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992 insert—
"67B Non-return of cancelled or suspended
authority an offence
(1) The person who was the holder of an
authority before it was cancelled or
suspended under clause 4 of Schedule 1 must
return the authority to the chief administrator
within the time (if any) specified for its
return in the notice under that clause.
Penalty: 5 penalty units.
(2) In this section authority has the same
meaning as in clause 1 of Schedule 1.".
7 Infringement notices
In section 69(3) of the Agricultural and
Veterinary Chemicals (Control of Use) Act
1992, for "2 penalty units" substitute "5 penalty
units".
8 Time limit for commencing prosecutions
In section 70 of the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992, after
"offence" (where first occurring) insert "against
this Act or the regulations".
9 Cancellation or suspension
(1) After clause 4(1) of Schedule 1 to the
Agricultural and Veterinary Chemicals
(Control of Use) Act 1992 insert—
"(1A) The chief administrator may include in the
notice under subclause (1) a requirement that
the holder of the authority return the
authority to the chief administrator within
the time specified in the notice.".
4
Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
Part 2—Amendments to the Agricultural and Veterinary Chemicals (Control
of Use) Act 1992
(2) After clause 4(2)(a) of Schedule 1 to the
Agricultural and Veterinary Chemicals
(Control of Use) Act 1992 insert—
"(ab) the time within which the authority must be
returned to the chief administrator if the
notice includes this requirement; and".
__________________
5
s. 9
Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
s. 10
Part 3—Amendments to the Domestic Animals Act 1994
PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS
ACT 1994
10 Parent or guardian deemed to be owner
See:
Act No.
81/1994.
Reprint No. 5
as at
1 September
2010
and
amending
Act Nos
44/2010,
78/2010,
39/2011,
55/2011 and
75/2011.
LawToday:
www.
legislation.
vic.gov.au
In section 4 of the Domestic Animals Act 1994,
for "17 years" substitute "18 years".
11 Minister's power to delegate
(1) In section 6(ab) of the Domestic Animals Act
1994, for "section 71;" substitute "section 71.".
(2) Section 6(b) of the Domestic Animals Act 1994
is repealed.
12 Dogs and cats that are exempt from desexing
After section 10B(1) of the Domestic Animals
Act 1994 insert—
"(1A) For the purposes of subsection (1)(e), the
written veterinary advice must—
(a) be given by a veterinary practitioner
after he or she has personally examined
the dog or cat; and
(b) include the reasons why the health of
the dog or cat is liable to be
significantly prejudiced if it is
desexed.".
6
Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
Part 3—Amendments to the Domestic Animals Act 1994
13 Restraint of dangerous dogs when on owner's
premises
(1) In section 38(1)(a)(ii) of the Domestic Animals
Act 1994, for "17 years" substitute "18 years".
(2) In paragraph (b) of the definition of prescribed
enclosure in section 38(3) of the Domestic
Animals Act 1994, for "17 years" substitute
"18 years".
14 Restraint of restricted breed dogs when on owner's
premises
In section 41G(1)(a)(ii) of the Domestic Animals
Act 1994, for "17 years" substitute "18 years".
15 Prohibition on transfer of ownership of restricted
breed dogs
In section 41K(3)(c) of the Domestic Animals
Act 1994, for "17 years" substitute "18 years".
16 Prohibition on minor having control of dog outside
owner's premises
In section 41L of the Domestic Animals Act
1994, for "17 years" substitute "18 years".
17 New section 106 inserted
After section 105 of the Domestic Animals Act
1994 insert—
"106 Transitional provision—Primary
Industries Legislation Amendment
Act 2012
(1) Despite the amendments made to the
Schedule by section 18 of the Primary
Industries Legislation Amendment Act
2012, the Schedule as in force immediately
before the commencement day continues to
apply to a dog or cat registered immediately
before the commencement day.
7
s. 13
Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
s. 18
Part 3—Amendments to the Domestic Animals Act 1994
(2) In this section the commencement day
means the day that section 18 of the
Primary Industries Legislation
Amendment Act 2012 comes into
operation.".
18 Amendment to Schedule—Removal of reduced
registration fee for permanently identified dogs or
cats
In the Schedule to the Domestic Animals Act
1994—
(a) in Column 2 of Part 1, after "Dogs that are"
omit "implanted with a prescribed
permanent identification device or";
(b) in Column 2 of Part 2, after "cats are
registered." omit "Cats that are implanted
with a prescribed permanent identification
device.".
__________________
8
Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
Part 4—Amendments to the Livestock Management Act 2010
s. 19
PART 4—AMENDMENTS TO THE LIVESTOCK
MANAGEMENT ACT 2010
19 Inspector may issue notice of suspension
In section 49(5) of the Livestock Management
Act 2010, for "given under section 21" substitute
"issued under subsection (2)".
20 Offence to endanger people or animals or risk
disease
In section 50(1)(c) of the Livestock Management
Act 2010, for "bisoecurity" substitute
"biosecurity".
21 Power to serve a notice
In section 51(1) of the Livestock Management
Act 2010, after "regulations" insert "prescribed
for the purposes of this Division".
__________________
9
See:
Act No.
15/2010
and
amending
Act No.
29/2011.
LawToday:
www.
legislation.
vic.gov.au
Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
Part 5—Repeal of amending Act
s. 22
PART 5—REPEAL OF AMENDING ACT
22 Repeal of amending Act
This Act is repealed on 11 April 2014.
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).
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Primary Industries Legislation Amendment Act 2012
No. 29 of 2012
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 18 April 2012
Legislative Council: 3 May 2012
The long title for the Bill for this Act was "A Bill for an Act to amend the
Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the
Domestic Animals Act 1994 and the Livestock Management Act 2010
and for other purposes."
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