Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
Account means the Exotic Diseases of Animals
(Compensation and Eradication) Account established under section 44;
animal means any mammal (other than man), bird,
insect, amphibian, fish, reptile, arthropod, crustacean, mollusc or other
member of the animal kingdom, whether alive or dead, and
includes —
(a) the
egg, embryo, ova, or sperm of an animal; and
(b) any
animal product or other thing from which another animal could be produced;
animal product means —
(a) the
hide, skin, hair, wool, feathers, shell, horn or hoof of an animal;
(b) any
meat, fat, milk, whey, cream, butter, cheese, eggs or other food or foodstuffs
derived from an animal;
(c) any
part of the viscera of an animal;
(d)
any —
(i)
bone or blood; or
(ii)
dung, urine or other excrement,
of an animal, or any
article or substance derived from it;
(e) any
tissue or secretion of any animal;
(f) any
product or biological preparation prepared, made or derived from any animal
tissue or animal secretion;
(g) any
manure, fertilizer or other article or substance derived from an animal,
whether or not in combination with any other article or substance; and
(h) any
other article, substance or thing that is declared by the Minister, by order
published in the Gazette , to be an animal product for the purposes of this
Act,
but does not include any article, substance or
thing so treated as to destroy any exotic disease agent;
boundary variation order means an order made under
section 36;
Chief Veterinary Officer means the person holding
or acting in the office of Chief Veterinary Officer of the Department;
compensation order means an order made under
section 47(1);
controlled area means a place, premises or other
area declared under section 40;
controlled area order means an order made under
section 40(1);
control order means an order made under
section 40(3);
declared area means an infected area, infected
vehicle, restricted area, or controlled area;
Department means the Department of Agriculture;
destruction order means an order made under
section 28;
Director General means the person holding or
acting in the office of Director General of the Department;
disease includes infestation by ticks, lice or
other ectoparasites, or endoparasites;
disease control order means an order made under
section 41;
disinfected means —
(a)
thoroughly cleansed with an appropriate disinfectant chemical; or
(b)
immersed, heated, irradiated, fumigated or otherwise treated,
so as to defeat infection;
disinfection order means an order made under
section 23;
document includes —
(a) any
map, plan, photograph, written or printed matter, computer record or
electronic data;
(b) any
other kind of tape, disc, device or medium on or by which information is
recorded or stored mechanically, photographically, electronically or
otherwise; and
(c) any
other thing so treated in relation to any sounds or visual images that those
sounds or visual images are capable, with or without the aid of some other
device, of being reproduced from that other thing;
domestic animal means any animal in a domesticated
state or under the control of humans, regardless of whether animals of that
species are categorized at common law as being of a tame or domestic nature;
dwelling includes any premises or part of any
premises that is ordinarily used for residential purposes;
exotic disease means —
(a)
foot-and-mouth disease, vesicular stomatitis, vesicular exanthema, swine
vesicular disease, rinderpest, classical swine fever, African swine fever,
rabies, Newcastle disease, avian influenza, bluetongue, or screw-worm fly; and
(b) any
other disease of animals that is, under subsection (2), declared by the
Minister to be a disease to which this Act applies;
exotic disease agent means any prion, virus,
rickettsia, bacterium, protozoan, fungus, helminth, arthropod insect or other
pathogen or organism that is capable of causing an exotic disease in animals;
fittings means —
(a) any
stall, box, cage, enclosure, pen, material or moveable thing used for penning,
yarding, containing or restraining any animal;
(b) any
equipment, harness, saddlery, rope, bucket, trough, bedding, litter, utensil
or implement used on, in connection with, or in the handling, keeping or
storage of animals, animal products or fodder; and
(c) the
clothing and personal effects of any persons attending on, or caring for, an
animal;
fodder means any, or any mixture of, water, meal,
meat, vegetable, grain or material used for the food of an animal;
free-living animal means any animal that is not a
domestic animal;
import restriction order means an order made under
section 24;
infected means —
(a) in
relation to an animal, that an officer suspects the animal of suffering from,
or being affected by, an exotic disease or of having been exposed, during the
preceding 6 months, or in the case of a prescribed disease during the
period prescribed for the purpose of this definition in respect of that
disease, to the risk of an infection with an exotic disease in
that —
(i)
it is, or has been, in a flock, herd, group or shoal;
(ii)
it is, or was, on any land or place, or in any premises;
or
(iii)
it travelled in any vehicle,
in which there is, or
during the relevant period was, an animal suffering from, or affected by, an
exotic disease; and
(b) in
relation to any land, place, premises or other thing, that an officer suspects
that an infected animal, an animal product derived from an infected animal or
an exotic disease agent may have come into contact with it;
infected area means an area declared under
section 29;
infected area order means an order made under
section 29;
infected vehicle means a vehicle declared under
section 30;
inspector means —
(a) the
Chief Veterinary Officer;
(b) a
Veterinary Inspector;
(c) a
Deputy Veterinary Inspector; or
(d) a
person who has been appointed as an inspector under the Stock Diseases
(Regulations) Act 1968 ;
land means any land whatsoever, whether or not
held by a person under any form of tenure, and includes, without in any way
limiting the generality of that term, the whole or part of
any —
(a)
common, stock route, Aboriginal reserve, land to which the
Conservation and Land Management Act 1984 applies, local government land,
land belonging to, or under the care, control, management or supervision of,
any person or statutory authority, or public land of whatever description;
(b)
public or private road, right of way, drain or other structure, easement,
right or appurtenance adjoining or affecting any land;
(c)
saleyard, railway trucking yard or platform, slaughterhouse, abattoir, or
place for the treatment, storage, movement, final delivery or acceptance of
domestic animals or animal products;
(d) body
of water within, or forming part of the boundary of, any land; or
(e)
fishery,
and any holding, establishment or enterprise
whatsoever on the land;
local newspaper for any place means a newspaper
circulating throughout Western Australia or in a part of the State that
includes that place;
local quarantine order means an order made by an
officer in relation to specified land, or a specified place, premises or
vehicle, under section 19;
officer means —
(a) the
Chief Veterinary Officer;
(b) a
Veterinary Inspector;
(c) a
Deputy Veterinary Inspector;
(d) a
person who has been appointed, or authorised to act, as an inspector under the
Stock Diseases (Regulations) Act 1968 ;
(e) a
police officer;
(f) any
person who is appointed to be an officer under section 55; and
(g) any
other officer of the Department authorised by the Director General;
order for restraint means an order of that kind
made under section 27;
order for seizure means an order of that kind made
under section 27;
owner in relation to any premises, domestic animal
or other property, means any person, other than a mortgagee or chargee not in
possession, having or claiming any right, title or interest in the premises,
domestic animal or property, and includes the authorised agent of an owner
and, in the case of premises, any occupier;
place includes any wharf, pier, stage, landing
place, jetty, foreshore, river, lake, inlet or harbour and any other body of
water within the territorial limits of the State;
premises includes the whole or any part of any
building, erection, structure or hoarding, whether or not it is ordinarily
associated with animals or animal products;
restricted area means an area declared under
section 34;
restricted area order means an order made under
section 34;
restricted area precautions order means an order
made under section 39;
undomesticated animal means any feral member of an
otherwise domesticated species;
vehicle includes a conveyance of any kind, whether
or not self-propelled, and whether or not at the material time capable of
being moved or operated, and includes —
(a) any
caravan, trailer, truck, train or other land vehicle;
(b) any
ship, hovercraft, boat, ferry, raft, pontoon, or other water craft; and
(c) any
aeroplane, helicopter, balloon, or other aircraft;
vermin includes any rodent, ferret, fox, starling,
rabbit, or other animal which has been introduced into Australia since the
year 1788 and is commonly regarded as a noxious pest;
Veterinary Inspector means, in relation to the
part of the State or outbreak of disease to which the appointment refers, a
person who is, under section 54, appointed to be a Veterinary Inspector,
and Deputy Veterinary Inspector shall be construed accordingly;
wildlife means any —
(a)
animals that are indigenous to Australia;
(b)
migratory animals that periodically or occasionally visit Australia; and
(c)
animals that were introduced into Australia, directly or indirectly, by
Aboriginals or other persons before the year 1788.
(2) The Minister may,
by order published in the Gazette , declare any disease of animals to be a
disease to which this Act applies.
[Section 4 amended by No. 77 of 2006
s. 17.]