2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Animal Diseases Amendment Bill 2009

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Section 3	2
	5	Part 2	3
	6	Directions to control spread of exotic disease
Section 14 (1) (b)	4
	7	Section 14 (2)	4
	8	Directions to control spread of endemic disease
Section 18 (1) (b)	5
	9	Section 18 (2)	5
	10	Exotic disease quarantine area
Section 19 (1)	5
	11	Endemic disease quarantine area
Section 20 (1)	5
	12	Offence—contravening restriction in quarantine declaration
New section 22 (2)	6
	13	New sections 24A to 24C	6
	14	Removal of refuse from quarantine area
Section 25 (2)	8
	15	Destruction of infected animals etc—endemic disease
Section 27 (2)	9
	16	Destruction of infected animals etc—exotic disease
Section 29 (2)	9
	17	Selling, disposing of or abandoning infected animals
Section 35 (2) (e) (ii)	9
	18	Appointment of authorised people
Section 64 (1)	9
	19	Power to enter premises
Section 66 (8), definition of at any reasonable time, new paragraph (c)	10
	20	New section 87A	10
	21	Regulation-making power
Section 90 (2) (o)	11
	22	New section 90 (4)	12
	23	Dictionary, note 2	12
	24	Dictionary, new definitions	12
	25	Dictionary, definition of director	12
	26	Further amendments, mentions of director	13

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Animal Diseases Amendment Bill 2009

A Bill for
An Act to amend the Animal Diseases Act 2005

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Animal Diseases Amendment Act 2009.
2	Commencement
This Act commences on the 7th day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Animal Diseases Act 2005.
4	Section 3
substitute
3	Objects of Act
	(1)	The objects of this Act are to protect the health and welfare of people and animals and to protect markets relating to animals and animal products.
	(2)	Without limiting subsection (1), this Act achieves its objects by—
	(a)	providing mechanisms for the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the ACT; and
	(b)	allowing the Territory to assist in the prevention and control of outbreaks of endemic and exotic animal diseases in other jurisdictions within Australia.
5	Part 2
substitute
Part 2	Chief veterinary officer
7	Appointment of chief veterinary officer
	(1)	The chief executive may appoint a public servant as the Chief Veterinary Officer.
	(2)	However, the chief executive must not appoint a person as chief veterinary officer unless the person is a veterinary surgeon.
Note 	For the making of appointments (including acting appoints), see the Legislation Act, pt 19.3.
8	Delegation by chief veterinary officer
The chief veterinary officer may delegate the chief veterinary officer’s functions under this Act or another territory law to—
	(a)	a public servant; or
	(b)	a police officer; or
	(c)	an officer or employee of a State agency, if the functions of the State agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the State; or
Note	State also includes the Northern Territory (see Legislation Act, dict, pt 1).
	(d)	an employee of a Commonwealth agency, if the functions of the Commonwealth agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the Commonwealth.
Note 1	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Note 2	In exercising the delegation, the delegate is subject to any conditions, limitations or directions in the instrument making or evidencing the delegation (see Legislation Act, s 239).
6	Directions to control spread of exotic disease
Section 14 (1) (b)
substitute
	(b)	the owner or person in charge of premises, an animal product or other thing to take a stated action to—
	(i)	decontaminate the premises, product or thing; or
	(ii)	prevent the premises, product or thing contaminating or infecting anything else; or
7	Section 14 (2) 
substitute
	(2)	The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an exotic disease.
8	Directions to control spread of endemic disease
Section 18 (1) (b)
substitute
	(b)	the owner or person in charge of premises, an animal product or other thing to take stated action to—
	(i)	decontaminate the premises, product or thing; or
	(ii)	prevent the premises, product or thing contaminating or infecting anything else; or
9	Section 18 (2)
substitute
	(2)	The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an endemic disease.
10	Exotic disease quarantine area
Section 19 (1)
omit
a stated area
substitute
the Territory, or a stated area in the Territory,
11	Endemic disease quarantine area
Section 20 (1)
omit
an area
substitute
the Territory, or a stated area in the Territory,
12	Offence—contravening restriction in quarantine declaration
New section 22 (2)
insert
	(2)	This section does not apply to a restriction on entry to, leaving or movement within a quarantine area if—
	(a)	the person entering, leaving or moving within the quarantine area is doing so to undertake an activity authorised under section 24A; and
	(b)	the entry, leaving or movement is in accordance with the conditions on the authorisation.
13	New sections 24A to 24C
insert
24A	Authorisation for activity movements in quarantine area 
	(1)	The Minister may, in writing, authorise entry to, leaving or movement within a quarantine area that would otherwise contravene a restriction stated in the quarantine declaration. 
Note	See s 21 (d) for restrictions on entry to, leaving or movement within a quarantine area.
	(2)	However, the Minister may only authorise the entry, leaving or movement for a stated activity in a stated area.
	(3)	An authorisation under this section must state—
	(a)	the activity to which the authorisation applies; and
	(b)	the quarantine declaration to which the authorisation relates; and
	(c)	the area to which the authorisation applies; and
	(d)	the conditions on entry to, leaving and movement within the area where the activity is undertaken; and
	(e)	the conditions on the conduct of the activity; and
	(f)	the records relating to the activity that are required to be kept by the person conducting the activity.
Examples—possible conditions on the conduct of an activity
1	The organiser of an activity must register the activity with the chief veterinary officer before the activity takes place.
2	The organiser of an activity must implement decontamination procedures for the activity.
3	Participants in an activity must undertake the decontamination procedures for the activity before leaving the area where the activity happens. 
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	An authorisation under this section—
	(a)	is given for the period, not longer than 1 year, stated in the authorisation; and
	(b)	expires when the quarantine declaration to which the authorisation relates is revoked.
	(5)	An authorisation is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(6)	In this section:
activity means an activity involving the use of animals or animal products. 
Example 
horse racing
24B	Person conducting activity to comply with conditions
A person commits an offence if—
	(a)	the person conducts an activity to which an authorisation under section 24A applies; and
	(b)	a condition applying to the conduct of the activity is stated in the authorisation; and
	(c)	the person fails to comply with the condition.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
24C	Person conducting activity to keep records
A person commits an offence if—
	(a)	the person conducts an activity to which an authorisation under section 24A applies; and
	(b)	the person is required to keep a record stated in section 24A (3) (f); and
	(c)	the person fails to keep the record for at least 1 year after the day the authorisation expires.
Maximum penalty:  20 penalty units.
14	Removal of refuse from quarantine area
Section 25 (2)
substitute
	(2)	The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an exotic disease.
15	Destruction of infected animals etc—endemic disease
Section 27 (2)
substitute
	(2)	The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an endemic disease.
16	Destruction of infected animals etc—exotic disease
Section 29 (2)
substitute
	(2)	The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an exotic disease.
17	Selling, disposing of or abandoning infected animals
Section 35 (2) (e) (ii)
omit
director’s
substitute
chief veterinary officer’s
18	Appointment of authorised people
Section 64 (1)
substitute
	(1)	The chief executive may appoint the following to be an authorised person for this Act: 
	(a)	a public servant;
	(b)	an officer or employee of a State agency, if the functions of the State agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the State; 
Note	State also includes the Northern Territory (see Legislation Act, dict, pt 1).
	(c)	an employee of a Commonwealth agency, if the functions of the Commonwealth agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the Commonwealth.
19	Power to enter premises
Section 66 (8), definition of at any reasonable time, new paragraph (c)
insert
	(c)	for a vehicle, includes—
	(i)		when the vehicle is in use on a road, or road related area or in another place to which the public has access; or
	(ii)		if the vehicle is a trailer—when the vehicle is attached or connected to a vehicle in use on a road, or road related area or in another place to which the public has access, or is otherwise in use.
20	New section 87A
insert
87A	Information exchange between jurisdictions
	(1)	This section applies to any information collected in relation to—
	(a)	detection, prevention and control of outbreaks of endemic and exotic animal diseases in the ACT; and
	(b)	prevention and control of outbreaks of endemic and exotic animal diseases in other jurisdictions within Australia.
	(2)	The chief executive may give the information to a corresponding administrative agency for the purposes of the corresponding administrative agency.
	(3)	This section is additional to any other Act that provides for information to be given by, or to, a corresponding administrative body.
	(4)	In this section:
agency—
 	(a)	means—
	(i)	an administrative unit; or
	(ii)	a statutory office-holder; or
	(iii)	any other entity established for a public purpose; and
	(b)	includes a member of, or a member of the staff of, the agency.
corresponding administrative agency means the agency responsible for the administration of a corresponding law in another jurisdiction within Australia.
21	Regulation-making power
Section 90 (2) (o)
substitute
	(o)	declarations to be given by sellers of animals about the health and welfare of the animals or farming practices, chemicals or biological products used with the animals; or
22	New section 90 (4)
insert
	(4)	In this section:
farming practices includes practices relating to—
	(a)	disease management in animals; and
	(b)	the genetic modification of animals; and 
	(c)	the breeding of animals.
23	Dictionary, note 2
insert
·	State
24	Dictionary, new definitions
insert
agency, of the Commonwealth or a State—
	(a)	means—
	(i)	an administrative unit of the Commonwealth or State; or
	(ii)	a statutory office-holder of the Commonwealth or State; or
	(iii)	any other entity established for a public purpose under a law of the Commonwealth or State; and
	(b)	includes a member of, or a member of the staff of, the agency.
chief veterinary officer means the Chief Veterinary Officer appointed under section 7.
25	Dictionary, definition of director
omit
26	Further amendments, mentions of director
omit
director
substitute
chief veterinary officer
in
·	section 11
·	section 13 (1)
·	section 14 (1)
·	section 17 (1)
·	section 18 (1)
·	section 24 (2)
·	section 25 (1)
·	section 27 (1) and (4)
·	section 29 (1) and (4)
·	section 32 (2)
·	section 33 (2)
·	section 35 (3)
·	section 36 (2)
·	section 41 (1)
·	section 54
·	section 60 (5)
·	section 61
·	section 64 (2)
·	section 69 (1) (f) (iii)
·	section 87

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009