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This is a Bill, not an Act. For current law, see the Acts databases.
Exotic Diseases of Animals
Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Exotic Diseases of Animals Act 1991 to make further provision
with respect to the detection, containment and eradication of certain animal diseases;
to make amendments with respect to proceedings under other primary industry
legislation; and for other purposes.
Clause 1 Exotic Diseases of Animals Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Exotic Diseases of Animals Amendment Act 2008. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Amendment of Exotic Diseases of Animals Act 1991 No 73 6
The Exotic Diseases of Animals Act 1991 is amended as set out in 7
Schedule 1. 8
4 Amendment of other Acts 9
The Acts specified in Schedule 2 are amended as set out in that 10
Schedule. 11
5 Repeal of Act 12
(1) This Act is repealed on the day following the day on which this Act 13
commences. 14
(2) The repeal of this Act does not, because of the operation of section 30 15
of the Interpretation Act 1987, affect any amendment made by this Act. 16
Page 2
Exotic Diseases of Animals Amendment Bill 2008
Amendment of Exotic Diseases of Animals Act 1991 Schedule 1
Schedule 1 Amendment of Exotic Diseases of 1
Animals Act 1991 2
(Section 3) 3
[1] The whole Act (except where otherwise amended by this Schedule) 4
Omit "exotic disease" wherever occurring. 5
Insert instead "emergency animal disease". 6
[2] Section 1 7
Omit the section. Insert instead: 8
1 Name of Act 9
This Act is the Animal Diseases (Emergency Outbreaks) Act 10
1991. 11
[3] Sections 5 (1), 6 (1) and (3) and 75 (1) 12
Omit "power" wherever occurring. Insert instead "function". 13
[4] Section 5 (3) 14
Omit "other power". Insert instead "other function". 15
[5] Section 6A 16
Omit the section. Insert instead: 17
6A Meaning of "emergency animal disease" 18
(1) For the purposes of this Act, emergency animal disease means 19
any of the following: 20
(a) bovine spongiform encephalopathy, 21
(b) foot and mouth disease, 22
(c) rabies, 23
(d) any other animal disease declared by the Minister, by order 24
in writing, to be an emergency animal disease for the 25
purposes of this Act. 26
(2) An order by the Minister under this section: 27
(a) comes into force on the date that it is signed, and 28
(b) must be published in the Gazette within 14 days after that 29
date. 30
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Exotic Diseases of Animals Amendment Bill 2008
Schedule 1 Amendment of Exotic Diseases of Animals Act 1991
(3) An order which has not been so published within 14 days after it 1
was made is taken (unless it has already been revoked) to have 2
been revoked at the end of that 14-day period. 3
[6] Section 7 Duty to notify 4
Insert at the end of the section: 5
(2) Without limiting any requirement under subsection (1), a 6
veterinary practitioner must, as soon as possible after becoming 7
aware of or suspecting that an animal or animal product the 8
practitioner is examining (or in respect of which the practitioner 9
has been consulted) is infected with a disease (other than an 10
emergency animal disease) that the practitioner suspects: 11
(a) is a new or emerging disease, or 12
(b) is not endemic to this State, or 13
(c) does not usually occur in the species of animal (or in the 14
kind of animal product) that the practitioner is examining 15
or in respect of which the practitioner has been consulted, 16
report the fact to an inspector by the quickest means of 17
communication available to the veterinary practitioner. 18
Maximum penalty: 200 penalty units. 19
[7] Section 9 Possession or administration of animal disease agents 20
Omit "exotic" wherever occurring. Insert instead "animal". 21
[8] Section 11A 22
Insert after section 11: 23
11A Extent of declaration 24
A declaration under section 10 or 11 must identify the classes or 25
descriptions of animals, animal products, fodder, fittings, soil or 26
vehicles that are affected by the declaration. 27
[9] Section 12 Permit for entry or exit 28
Omit section 12 (1) (c). Insert instead: 29
(c) brings, moves or takes, or allows any person to bring, 30
move or take, any animal, animal product, fodder, fitting 31
or soil to which the relevant declaration applies into, 32
within or out of any such premises, place, area or vehicle, 33
or 34
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Exotic Diseases of Animals Amendment Bill 2008
Amendment of Exotic Diseases of Animals Act 1991 Schedule 1
[10] Sections 12 (2), 16 (2), 31 and 45 (1) (g) and (h) 1
Insert ", soil" after "fitting" wherever occurring. 2
[11] Sections 12 (2) (b) and 28 (1) 3
Omit "or fittings" wherever occurring. Insert instead ", fittings or soil". 4
[12] Section 13 5
Omit the section. Insert instead: 6
13 Entry and exit points 7
(1) Any movement of: 8
(a) any vehicle affected by the relevant declaration into or out 9
of an infected place, or 10
(b) any animal, animal product, fodder, fittings or soil affected 11
by the relevant declaration into or out of an infected place 12
or infected vehicle, or 13
(c) any person into or out of any such infected place or 14
infected vehicle, 15
must be made only through a point or points specified in a notice 16
issued by an inspector to the person in charge, or in apparent 17
control, of the infected place or infected vehicle. 18
(2) The inspector may cause the notice to be published in a local 19
newspaper or on the Department's internet website, or both. 20
(3) A person who knows or has reason to believe any premises, place 21
or area to be an infected place or that a vehicle is an infected 22
vehicle and who, in contravention of this section: 23
(a) goes into or out of the infected place or infected vehicle, or 24
(b) moves any other person into or out of the infected place or 25
infected vehicle, or 26
(c) moves any animal, animal product, fodder, fitting, soil or 27
vehicle affected by the relevant declaration into or out of 28
the infected place or infected vehicle, 29
is guilty of an offence. 30
Maximum penalty: 400 penalty units or imprisonment for 31
12 months, or both. 32
[13] Sections 15 (2), 16 (1) and 18 (2) 33
Insert ", soil" after "fittings" wherever occurring. 34
Page 5
Exotic Diseases of Animals Amendment Bill 2008
Schedule 1 Amendment of Exotic Diseases of Animals Act 1991
[14] Section 18 Entry and exit points 1
Omit section 18 (1). Insert instead: 2
(1) Any movement of any animal, animal product, fodder, fittings, 3
soil or vehicle affected by the relevant declaration into or out of 4
a restricted area must be made only through a point or points 5
specified in a notice issued by an inspector and published in a 6
local newspaper or on the Department's internet website, or both. 7
[15] Section 19 Notice of order constituting restricted area 8
Omit section 19 (1). Insert instead: 9
(1) Notice of an order declaring any premises, place or area to be a 10
restricted area must be published: 11
(a) in the Gazette, and 12
(b) in a local newspaper or on the Department's internet 13
website, or both. 14
[16] Section 20 Area restriction order 15
Omit section 20 (1). Insert instead: 16
(1) The Minister may, by order published in the Gazette (an area 17
restriction order), direct all or any specified persons or class of 18
persons within a restricted area to take measures specified in the 19
order for the purpose of controlling, eradicating or preventing the 20
spread of an emergency animal disease. 21
(1A) An area restriction order must also be published in a local 22
newspaper or on the Department's internet website, or both. 23
[17] Sections 20 (2) (b) and 45 (1) (f) 24
Omit ", vaccination" wherever occurring. 25
[18] Section 20 (2) (c) 26
Insert "(including soil)" after "things". 27
[19] Section 21 Declaration of control area 28
Omit "and the classes or descriptions of animals or animal products that are 29
affected by it" from section 21 (2). 30
[20] Section 22 Control orders 31
Omit "When directed by the Minister to do so, an inspector" from section 32
22 (1). 33
Insert instead "The Minister". 34
Page 6
Exotic Diseases of Animals Amendment Bill 2008
Amendment of Exotic Diseases of Animals Act 1991 Schedule 1
[21] Section 22 (1) (a) (ii)-(v) 1
Omit "specified" wherever occurring. Insert instead "all or any specified". 2
[22] Section 22 (1) (a) (v) 3
Insert ", or any soil," after "products". 4
[23] Section 22 (1) (b) 5
Omit "or inspector". 6
[24] Section 22 (2A) 7
Insert after section 22 (2): 8
(2A) A person does not commit an offence under subsection (2) of 9
contravening a control order if the act constituting the 10
contravention is authorised by a permit granted to the person. 11
[25] Section 23 Notice of order constituting control area 12
Omit section 23 (1). Insert instead: 13
(1) Notice of an order declaring any premises, place or area to be a 14
control area must be published: 15
(a) in the Gazette, and 16
(b) in a local newspaper or on the Department's internet 17
website, or both. 18
[26] Section 24 Permits 19
Omit section 24 (1). Insert instead: 20
(1) An inspector may grant a permit authorising: 21
(a) the entry to or exit from, or movement within, an infected 22
place, infected vehicle or restricted area, or 23
(b) the carrying out of any activity that is the subject of a 24
control order. 25
[27] Section 24 (2A) 26
Insert after section 24 (2): 27
(2A) Without limiting the basis on which permits may be granted, a 28
permit may be granted on a general basis so that it applies to a 29
specified class of persons. Any such general permit may be 30
granted by such means as may be approved by the Minister. 31
Page 7
Exotic Diseases of Animals Amendment Bill 2008
Schedule 1 Amendment of Exotic Diseases of Animals Act 1991
[28] Section 24 (3) 1
Insert "In the case of a permit that has been granted on a general basis to a 2
specified class of persons, notice of the revocation or variation may be 3
published on the Department's internet website." after "the permit.". 4
[29] Sections 27 (Other functions and liabilities not affected), 67 and 77 (2) 5
Omit "powers" wherever occurring. Insert instead "functions". 6
[30] Section 28 Entry of animals etc from outside State 7
Omit "fittings or" from section 28 (2). Insert instead "fittings, soil or". 8
[31] Section 28 (2) 9
Insert "or to that soil" after "and vehicles". 10
[32] Section 32 Destruction of animals, premises and other property 11
Insert at the end of section 32 (1) (b): 12
, or 13
(c) any domestic animal that is in a declared area, but only if 14
the Minister is satisfied that it is reasonably necessary to do 15
so in order to prevent the spread of an emergency animal 16
disease. 17
[33] Section 32 (3) 18
Insert after section 32 (2): 19
(3) For the purposes of subsection (1) (c), it does not matter whether 20
the domestic animal is infected with an emergency animal 21
disease or not. 22
[34] Section 33 Notice of destruction order 23
Omit "affected". 24
[35] Section 35 Quarantine of places and vehicles 25
Insert ", or part of any premises or place," after "any premises, place or 26
vehicle" in section 35 (1). 27
[36] Sections 35 (1), 38A (3), 39 (1) (a) (ii), 41 and 45 (1) (e) 28
Omit "or fitting" wherever occurring. Insert instead ", fitting or soil". 29
Page 8
Exotic Diseases of Animals Amendment Bill 2008
Amendment of Exotic Diseases of Animals Act 1991 Schedule 1
[37] Section 35 (1A) 1
Insert after section 35 (1): 2
(1A) A quarantine order must identify the classes or descriptions of 3
animals, animal products, fodder, fittings or soil to which the 4
order relates. 5
[38] Section 39 Disinfection of places and vehicles 6
Insert "or leaving" after "entering" in section 39 (1) (b). 7
[39] Section 43 Verbal and documentary information 8
Omit "preventing, controlling or eradicating" from section 43 (1). 9
Insert instead "controlling, eradicating or preventing the spread of". 10
[40] Section 43 (1) (a) 11
Omit "prevention, control or eradication of the disease". 12
Insert instead "control or eradication of the disease or the prevention of the 13
spread of the disease". 14
[41] Section 45 Search and entry and other powers 15
Omit "power or" from section 45 (1). 16
[42] Sections 45 (1) (e) and (i) and 46 (2) (e) 17
Omit ", vaccinate" wherever occurring. 18
[43] Section 45 (2) 19
Omit "or a declaration of an infected place". 20
Insert instead ", a declaration of an infected place or a declaration of a 21
restricted area". 22
[44] Section 46 Requiring assistance 23
Omit "powers or performing the inspector's" from section 46 (1). 24
[45] Section 46 (2) (a) 25
Omit "vaccinate". Insert instead "treat". 26
[46] Section 47 Request for assistance 27
Omit "powers or the performance of the inspector's". 28
[47] Sections 47 and 50 (a) 29
Omit "powers or in the performance of the inspector's" wherever occurring. 30
Page 9
Exotic Diseases of Animals Amendment Bill 2008
Schedule 1 Amendment of Exotic Diseases of Animals Act 1991
[48] Section 48 Search warrant 1
Omit "powers or performing the inspector's" from section 48 (2). 2
[49] Part 6, heading 3
Omit "The Exotic". Insert instead "Emergency Animal". 4
[50] Section 51 Establishment of the Fund 5
Omit "Exotic Diseases". Insert instead "Emergency Animal Diseases". 6
[51] Section 51 7
Omit "specific exotic diseases". 8
Insert instead "specific emergency animal diseases". 9
[52] Section 52 Payments to the Fund 10
Omit "the prevention, control and eradication of any exotic diseases" from 11
section 52 (a). 12
Insert instead "controlling, eradicating and preventing the spread of 13
emergency animal diseases". 14
[53] Section 54 Declaration of compensable diseases 15
Omit section 54 (1). Insert instead: 16
(1) The Minister may, by order published in the Gazette: 17
(a) declare an emergency animal disease to be a disease to 18
which this Part applies, and 19
(b) declare any such disease to be a class A compensable 20
disease or a class B compensable disease for the purposes 21
of this Part. 22
[54] Section 54 (3) 23
Insert after section 54 (2): 24
(3) In this Part: 25
authorised inspector means an inspector who is authorised by the 26
Chief Veterinary Officer for the purposes of this Part. 27
property means any premises, animal products, fodder, fittings 28
and vehicles. 29
Page 10
Exotic Diseases of Animals Amendment Bill 2008
Amendment of Exotic Diseases of Animals Act 1991 Schedule 1
[55] Section 55 1
Omit the section. Insert instead: 2
55 Compensation payable to owners of animals and property 3
(1) Compensation is payable under this Part: 4
(a) to the owner of any domestic animal or property that has 5
been destroyed in accordance with this Act for the purpose 6
of controlling, eradicating or preventing the spread of an 7
emergency animal disease to which this Part applies, and 8
(b) to the owner of any domestic animal that: 9
(i) has been reported to the Director-General or an 10
inspector as being affected by, or as having died of, 11
an emergency animal disease to which this Part 12
applies, and 13
(ii) is certified by an authorised inspector as having died 14
of a class A compensable disease, and 15
(c) to the owner of any domestic animal that: 16
(i) has been reported to the Director-General or an 17
inspector as having died of an emergency animal 18
disease to which this Part applies, and 19
(ii) is certified by an authorised inspector as having died 20
of a class B compensable disease. 21
(2) However, compensation is payable to the owner of a domestic 22
animal under subsection (1) (c) only if: 23
(a) the Director-General is satisfied there has been no 24
unreasonable delay in reporting the death of the animal, 25
and 26
(b) the Chief Veterinary Officer certifies that the destruction 27
of the animal would have been required under this Act had 28
the animal not died. 29
[56] Section 59 Settlement 30
Omit "inspector approved by the Chief Veterinary Officer" from section 31
59 (1). 32
Insert instead "authorised inspector". 33
[57] Section 66 Appointment of Chief Veterinary Officer 34
Omit "powers and perform the" from section 66 (2). 35
Page 11
Exotic Diseases of Animals Amendment Bill 2008
Schedule 1 Amendment of Exotic Diseases of Animals Act 1991
[58] Section 68 Appointment of inspectors 1
Omit "and performance by that person or those persons of the powers and 2
functions of an inspector under this Act or of such of those powers and". 3
Insert instead "by that person or those persons of the functions of an inspector 4
under this Act or of such of those". 5
[59] Section 69A 6
Insert after section 69: 7
69A Fees for services 8
(1) A fee of such amount as may be prescribed by the regulations 9
may be charged for any service provided under this Act or the 10
regulations, including for the following: 11
(a) the granting of permits (other than a permit authorising the 12
movement of any person, animal or other thing from one 13
part of a property to another part of the same property), 14
(b) the granting of authorities by the Chief Veterinary Officer 15
under section 9 (2), 16
(c) the issuing of certificates by the Chief Veterinary Officer 17
or an inspector for the purposes of Part 7. 18
(2) Any such fee payable under this section may be recovered by the 19
Crown as a debt in a court of competent jurisdiction. 20
(3) The regulations may make provision for or with respect to the 21
payment of fees under this section, including the waiver or refund 22
of any such fee or the payment of a fee by instalments. 23
[60] Section 70 Reasonable suspicion of infection 24
Omit section 70 (1). Insert instead: 25
(1) For the purposes of this Act, an animal, place or thing may 26
reasonably be suspected of being infected with an emergency 27
animal disease if there is reason to think that an animal disease 28
agent is present in or on the animal, place or thing. 29
[61] Section 70A 30
Insert after section 70: 31
70A False or misleading statements 32
A person must not: 33
(a) in any application for a permit or other authorisation under 34
this Act or the regulations, or 35
Page 12
Exotic Diseases of Animals Amendment Bill 2008
Amendment of Exotic Diseases of Animals Act 1991 Schedule 1
(b) in complying with any requirement to provide information 1
to a person engaged in the administration of this Act, 2
make any statement that the person knows, or could reasonably 3
be expected to know, is false or misleading in a material respect. 4
Maximum penalty: 200 penalty units or imprisonment for 5
6 months, or both. 6
Note. Making a false claim for compensation under Part 7 of this Act is 7
also an offence--see section 65. 8
[62] Sections 71 and 71A 9
Omit section 71. Insert instead: 10
71 Proceedings for offences 11
(1) Proceedings for an offence under this Act or the regulations are 12
to be dealt with summarily: 13
(a) before the Local Court, or 14
(b) before the Supreme Court in its summary jurisdiction. 15
(2) Any such proceedings must be commenced not later than 2 years 16
from when the offence was alleged to have been committed. 17
(3) If proceedings are brought in the Local Court, the maximum 18
monetary penalty that the Court may impose for the offence is 19
100 penalty units or the maximum monetary penalty provided for 20
the offence by this Act or the regulations, whichever is the lesser. 21
71A Penalty notices 22
(1) An authorised officer may serve a penalty notice on a person if it 23
appears to the officer that the person has committed an offence 24
under this Act or the regulations, being an offence prescribed by 25
the regulations as a penalty notice offence. 26
(2) A penalty notice is a notice to the effect that, if the person served 27
does not wish to have the matter determined by a court, the 28
person can pay, within the time and to the person specified in the 29
notice, the amount of the penalty prescribed by the regulations for 30
the offence if dealt with under this section. 31
(3) A penalty notice may be served personally or by post. 32
(4) If the amount of penalty prescribed for an alleged offence is paid 33
under this section, no person is liable to any further proceedings 34
for the alleged offence. 35
Page 13
Exotic Diseases of Animals Amendment Bill 2008
Schedule 1 Amendment of Exotic Diseases of Animals Act 1991
(5) Payment under this section is not to be regarded as an admission 1
of liability for the purpose of, and does not in any way affect or 2
prejudice, any civil claim, action or proceeding arising out of the 3
same occurrence. 4
(6) The regulations may: 5
(a) prescribe an offence for the purposes of this section by 6
specifying the offence or by referring to the provision 7
creating the offence, and 8
(b) prescribe the amount of penalty payable for the offence if 9
dealt with under this section, and 10
(c) prescribe different amounts of penalties for different 11
offences or classes of offences. 12
(7) The amount of a penalty prescribed under this section for an 13
offence is not to exceed the maximum amount of penalty that 14
could be imposed for the offence by a court. 15
(8) However, subsection (7) does not authorise the amount of a 16
penalty prescribed under this section for any offence to exceed 17
10 penalty units. 18
(9) This section does not limit the operation of any other provision 19
of, or made under, this or any other Act relating to proceedings 20
that may be taken in respect of offences. 21
(10) In this section, authorised officer means: 22
(a) a police officer, or 23
(b) a person of a class prescribed by the regulations as a class 24
of person who may issue penalty notices under this section. 25
[63] Sections 75 (2) and 76 (4) 26
Omit "power or authority" wherever occurring. Insert instead "function". 27
[64] Section 76 Protection of control programs 28
Omit section 76 (1). Insert instead: 29
(1) The Minister may by order in writing certify that: 30
(a) an outbreak of an emergency animal disease exists in any 31
part of New South Wales, or 32
(b) an outbreak of an emergency animal disease exists in any 33
other part of Australia and it is necessary or expedient to 34
take action or to make any declaration or authorisation 35
under this Act to prevent, or reduce the risk of, the spread 36
of the disease to New South Wales. 37
Page 14
Exotic Diseases of Animals Amendment Bill 2008
Amendment of Exotic Diseases of Animals Act 1991 Schedule 1
[65] Section 76 (2) 1
Omit "an exotic disease". 2
Insert instead "an emergency animal disease whether in New South Wales or 3
any other part of Australia (as referred to in an order under subsection 4
(1) (b))". 5
[66] Section 78 Regulations 6
Omit "powers and" from section 78 (2) (b). 7
[67] Section 79 Amendment of Stock Diseases Act 1923 No 34 8
Omit the section. 9
[68] Section 81 10
Omit the section. Insert instead: 11
81 Savings and transitional provisions 12
Schedule 1 has effect. 13
[69] Schedule 1 14
Insert after section 82: 15
Schedule 1 Savings and transitional provisions 16
(Section 81) 17
Part 1 Preliminary 18
1 Regulations 19
(1) The regulations may contain provisions of a savings or 20
transitional nature consequent on the enactment of the following 21
Acts: 22
Exotic Diseases of Animals Amendment Act 2008 23
(2) Any such provision may, if the regulations so provide, take effect 24
from the date of assent to the Act concerned or a later date. 25
(3) To the extent to which any such provision takes effect from a date 26
that is earlier than the date of its publication in the Gazette, the 27
provision does not operate so as: 28
(a) to affect, in a manner prejudicial to any person (other than 29
the State or an authority of the State), the rights of that 30
person existing before the date of its publication, or 31
Page 15
Exotic Diseases of Animals Amendment Bill 2008
Schedule 1 Amendment of Exotic Diseases of Animals Act 1991
(b) to impose liabilities on any person (other than the State or 1
an authority of the State) in respect of anything done or 2
omitted to be done before the date of its publication. 3
Part 2 Provisions consequent on enactment of 4
Exotic Diseases of Animals Amendment 5
Act 2008 6
2 Definition 7
In this Part: 8
amending Act means the Exotic Diseases of Animals Amendment 9
Act 2008. 10
3 Saving of declared exotic diseases 11
Any disease that, immediately before the commencement of the 12
amending Act, was declared to be an exotic disease for the 13
purposes of this Act is taken to be an emergency animal disease 14
declared by order under section 6A (as substituted by the 15
amending Act). 16
4 References to exotic diseases 17
A reference in any Act (other than this Act) or in any instrument 18
made under any Act to an exotic disease within the meaning of 19
this Act is to be construed as a reference to an emergency animal 20
disease. 21
5 Existing orders under Part 7 22
Any order made under section 54 and in force immediately 23
before the commencement of the amending Act is taken to be an 24
order in force under that section (as amended by the amending 25
Act). 26
6 Continuity of Fund 27
The Emergency Animal Diseases Compensation and Eradication 28
Fund is a continuation of the Exotic Diseases Compensation and 29
Eradication Fund operating under this Act immediately before 30
the commencement of the amending Act. 31
7 General savings provision 32
(1) Subject to the regulations, anything done under or for the 33
purposes of a provision of this Act that had effect immediately 34
before the provision was amended by the amending Act is taken 35
Page 16
Exotic Diseases of Animals Amendment Bill 2008
Amendment of Exotic Diseases of Animals Act 1991 Schedule 1
to have been done under or for the purposes of this Act as so 1
amended. 2
(2) Without limiting subclause (1), any authority, permit, certificate 3
or appointment in force under a provision of this Act immediately 4
before the amendment of the provision by the amending Act is 5
taken to be an authority, permit, certificate or appointment in 6
force under this Act as so amended. 7
[70] Dictionary 8
Insert in alphabetical order: 9
exercise a function includes perform a duty. 10
function includes a power, authority or duty. 11
treatment means any procedure for curing, or for the alleviation, 12
control or prevention of, an emergency animal disease, and 13
includes vaccination. 14
[71] Dictionary 15
Omit the definitions of exotic disease, exotic disease agent and Fund. 16
Insert instead in alphabetical order: 17
animal disease agent means any prion, virus, rickettsia, 18
bacterium, protozoon, fungus, helminth, arthropod, insect or 19
other pathogen or organism that is capable of causing an 20
emergency animal disease. 21
emergency animal disease--see section 6A. 22
Fund means the Emergency Animal Diseases Compensation and 23
Eradication Fund established under this Act. 24
Page 17
Exotic Diseases of Animals Amendment Bill 2008
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
(Section 4) 2
2.1 Agricultural Livestock (Disease Control Funding) Act 1998 3
No 139 4
Section 3 Definitions 5
Omit "any exotic disease within the meaning of the Exotic Diseases of 6
Animals Act 1991" from the definition of disease. 7
Insert instead "any emergency animal disease within the meaning of the 8
Animal Diseases (Emergency Outbreaks) Act 1991". 9
2.2 Apiaries Act 1985 No 16 10
[1] Section 8 Grant or refusal of application for registration 11
Insert ", on payment of such fee as may be prescribed by the regulations," after 12
"issuing to the applicant" in section 8 (3) (a). 13
[2] Section 11 Renewal of registration 14
Insert ", on payment of such fee as may be prescribed by the regulations," after 15
"issue to the applicant" in section 11 (6) (b). 16
[3] Section 42 General provisions with respect to offences 17
Insert "or the regulations" after "this Act" in section 42 (1). 18
[4] Section 42 (1A) 19
Insert after section 42 (1): 20
(1A) Any such proceedings must be commenced not later than 2 years 21
from when the offence was alleged to have been committed. 22
[5] Section 49 Fees etc to be paid into Consolidated Fund 23
Omit the section. 24
2.3 Exhibited Animals Protection Act 1986 No 123 25
Section 46 Proceedings for offences 26
Insert at the end of the section: 27
(2) Any such proceedings must be commenced not later than 2 years 28
from when the offence was alleged to have been committed. 29
Page 18
Exotic Diseases of Animals Amendment Bill 2008
Amendment of other Acts Schedule 2
2.4 Fines Act 1996 No 99 1
Schedule 1 Statutory provisions under which penalty notices issued 2
Insert in alphabetical order of Acts: 3
Animal Diseases (Emergency Outbreaks) Act 1991, section 71A 4
2.5 Non-Indigenous Animals Act 1987 No 166 5
[1] Section 27 Proceedings for offences 6
Insert "or the regulations" after "this Act". 7
[2] Section 27 (2) 8
Insert at the end of the section: 9
(2) Any such proceedings must be commenced not later than 2 years 10
from when the offence was alleged to have been committed. 11
2.6 Noxious Weeds Act 1993 No 11 12
Section 61 Proceedings for offences 13
Insert at the end of the section: 14
(2) Any such proceedings must be commenced not later than 2 years 15
from when the offence was alleged to have been committed. 16
2.7 Plant Diseases Act 1924 No 38 17
[1] Section 26 Offences 18
Insert after section 26 (2A): 19
(2B) Any such proceedings must be commenced not later than 2 years 20
from when the offence was alleged to have been committed. 21
[2] Section 28 Regulations 22
Insert at the end of section 28 (1) (f) (iv): 23
and 24
(v) for any other service (including the granting of any other 25
type of certificate) provided under this Act or the 26
regulations, 27
Page 19
Exotic Diseases of Animals Amendment Bill 2008
Schedule 2 Amendment of other Acts
2.8 Stock Diseases Act 1923 No 34 1
[1] Section 20L Proceedings for offences 2
Insert after section 20L (1): 3
(1A) Any such proceedings must be commenced not later than 2 years 4
from when the offence was alleged to have been committed. 5
[2] Section 23 Regulations 6
Insert after section 23 (1) (k): 7
(k1) prescribe the payment of fees for any other service 8
provided under this Act or the regulations, 9
Page 20
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