Australian Capital Territory Numbered Acts

ANIMAL DISEASES ACT 1993 (NO 61 OF 1993)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Animal Diseases Act 1993.  
   3.      The Acts specified in the Schedule are repealed.  
   4.      In this Act, unless the contrary intention appears—“abattoir” means any premises used for the slaughter of stock; “animal” includes—  

   PART II--ADMINISTRATION DIRECTOR OF VETERINARY HYGIENE

   7.      The Director may, by instrument, delegate any of his or her powers or functions under this Act to a public servant.  
   8.      The Minister may, by instrument, appoint persons to be inspectors for the purposes of this Act.  
   9.      The Director has and may exercise the powers of an inspector under this Act.  
   10.     The Minister shall issue to the Director and to each inspector an identity card, specifying the name and appointment, and on which appears a recent photograph, of the Director or inspector, as the case requires.  
   11.     A person issued with an identity card under section 10 shall not, without reasonable excuse, fail to return his or her identity card upon ceasing to be Director or an inspector.  

   PART III--EXOTIC DISEASES OF ANIMALS DECLARATION OF EXOTIC DISEASES

   13.     (1) A person who has reasonable grounds for believing that an animal is infected with an exotic disease, shall notify the Minister in writing.  
   17.     (1) If the Minister believes on reasonable grounds that it is necessary to do so for the purpose of controlling the spread of an exotic disease, he or she may, by instrument, direct an inspector or a specified person to destroy premises (other than a dwelling), any animal, animal product, crop, pasture or any other thing in accordance with the direction.  
   20.     While a declaration under section 14 is in force, the declaration or a direction under Part III with respect to an exotic disease to which the declaration relates—  

   PART IV--ENDEMIC DISEASES OF STOCK

   22.     (1) A person who has reasonable grounds for believing that stock is infected with an endemic stock disease, shall notify the Minister in writing.  
   26.     A person shall not, without reasonable excuse, cause or permit stock—  
   27.     (1) If the Minister believes on reasonable grounds that it is necessary to do so for the purpose of controlling the spread of an endemic stock disease, he or she may, by instrument, direct an inspector or a specified person to destroy—  
   33.     The Director shall, if satisfied that an applicant under subsection 32 (1) is the owner of defined stock to which the application relates—  
   34.     The Director shall, by notice published in the Gazette, declare a manufacturer to be an approved manufacturer of tags for the purposes of this Act.  
   37.     A person shall not alter an approved tag without reasonable excuse.  
   42.     In proceedings for an offence against subsection 29 (1), a certificate signed by the Director stating that at a specified time or during a specified period, a specified person had or had not been allocated a tag number, is evidence of the matters so stated.  

   PART V--ENFORCEMENT

   43.     In this Part—“disease” means an exotic disease or an endemic stock disease.  
   45.     (1) Before obtaining the consent of a person for the purposes of paragraph 44 (1) (e), an inspector shall—  
   51.     A person shall not, without reasonable excuse, contravene a restriction specified in a declaration under section 14, 15 or 23.  
   52.     A person shall not, without reasonable excuse, hinder or obstruct an inspector in the execution of his or her duty under this Act.  
   53.     (1) A person is not excused from making available documents or records, furnishing information or answering questions in compliance with this Act on the ground that such action would tend to incriminate the person.  
   55.     A person shall not, without reasonable excuse, use on any stock—  
   56.     The owner or person in charge of an infected animal or a carcass of an animal shall not, without reasonable excuse—  
   57.     A person shall not, without reasonable excuse, knowingly sell or offer for sale or purchase an animal infected with a disease, except with the written consent of the Minister and in accordance with any conditions specified in the consent.  
   58.     A person shall not, without reasonable excuse, damage or interfere with a gate, fence or other structure being used to contain animals for the purposes of this Act, except with the written consent of the Minister and in accordance with any conditions specified in the consent.  
   59.     Where a body corporate is convicted of an offence against this Act, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this section, the court could impose as a pecuniary penalty for that offence.  

   PART VI--MISCELLANEOUS CERTIFICATE OF FREEDOM FROM DISEASE

   63.     The Minister may, by notice published in the Gazette, determine fees for the purposes of this Act.  

   PART VII--TRANSITIONAL INTERPRETATION

   65.     In this Part—“commencement day” means the day on which this Act (other than sections 1 and 2) commences; “repealed Act” means the Stock Diseases Act 1933.  
   66.     A declaration under paragraph 4 (1) (b) of the repealed Act, in force immediately before the commencement day, shall on and after that day be taken to be a declaration under paragraph 21 (1) (a) of this Act.  
   68.     An order under subsection 8 (1) of the repealed Act that has not been executed before the commencement day, shall continue in force on and after that day, and section 8 of the repealed Act shall continue to apply on and after that day in relation to the order.  
   69.     Where, before the commencement day, stock was destroyed under subsection 8 (1) of the repealed Act and agreement had not been reached between the owner and an inspector under subsection 8 (3) of the repealed Act before that day, subsection 8 (3) of the repealed Act continues to apply on and after that day in relation to that stock.  
   70.     A declaration under section 11B of the repealed Act, in force immediately before the commencement day, shall on and after that day be taken to be a declaration under section 30 of this Act.  
   71.     The register to be kept under section 31 of this Act is a continuation of the register kept under section 11C of the repealed Act.  
   72.     An application under section 11D of the repealed Act before the commencement day that has not been determined before that day, shall on and after that day be taken to be an application under section 32 of this Act.  
   73.     A tag number allocated under section 11E or 11M of the repealed Act that has not been cancelled before the commencement day, shall on and after that day be taken to have been allocated under section 33 or 40 of this Act, respectively.  
   74.     A declaration under section 11F of the repealed Act, in force immediately before the commencement day, shall on and after that day be taken to be a declaration under section 34 of this Act.  
   75.     An authorisation under subsection 11G (1) of the repealed Act, in force immediately before the commencement day, shall on and after that day be taken to be an authorisation under subsection 35 (1) of this Act.  
   76.     A declaration under section 11H of the repealed Act, in force immediately before the commencement day, shall on and after that day be taken to be a declaration under section 36 of this Act.  
   77.     Where a notice under subsection 11N (1) of the repealed Act was served before the commencement day and the period of 28 days specified in the notice has not expired before that day, the notice shall on and after the commencement day be taken to be a notice under subsection 41 (1) of this Act and to have been served under subsection 41 (1) of this Act.  
   78.     Section 11P of the repealed Act continues to apply in relation to a contravention, before the commencement day, of subsection 11A (1) of the repealed Act.  
           SCHEDULE