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Livestock Management Amendment (Animal Activism) Bill 2021
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1—Preliminary
Clause 1 sets out the purposes of the Bill. The purposes of the Bill are to amend the Livestock Management Act 2010—
• to provide for biosecurity management plans; and
• to provide for offences relating to contravening of a prescribed biosecurity measure and certain other matters; and
• to make miscellaneous and consequential amendments.
Clause 2 is the commencement provision, which provides for the Bill to commence operation on a day or days to be proclaimed. If a provision does not come into operation before 1 July 2022, it comes into operation on that day.
Clause 3 provides that in this Act, the Livestock Management Act 2010 is called the Principal Act.
Part 2—Amendment of the Livestock Management Act 2010
Clause 4 amends section 3 of the Livestock Management Act 2010
Subclause (1) amends section 3 to insert the following new definitions for the purposes of the new provisions of this Act—
• biosecurity impact means an adverse effect on the economy, the environment or the community that arises, or has the potential to arise from, biosecurity matter or a
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carrier, being an adverse effect that is related to any of the following—
• the introduction, presence, spread or increase of a disease or disease agent into or within the State or any part of the State;
• the introduction, presence, spread or increase of a pest into or within the State or any part of the State;
• stock food or fertilisers;
• livestock or livestock products becoming chemically affected;
• any thing declared by the regulations to be a biosecurity impact;
• biosecurity management plan means a document—
• that contains measures to identify, prevent, eliminate or minimise the biosecurity impacts relating to livestock activities; and
• that includes any matters that are prescribed to be mandatory;
• biosecurity matter means the following—
• livestock;
• a part of livestock;
• a livestock product;
• a livestock disease;
• a prion;
• a contaminant;
• a disease agent that can cause disease in livestock or that can cause disease in a human via transmission from livestock to a human; and
• any thing declared by the regulations to be a biosecurity matter;
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• carrier means any thing (whether alive, dead or inanimate, including a human) that has, or is capable of having, any biosecurity matter on it, attached to it or contained in it;
• chemically affected in relation to livestock or a livestock product, means that the livestock or livestock product contains a contaminant and as a result is or is likely—
• to become unfit for sale or export for human consumption; or
• to pose a danger to human health or to the environment; or
• to be detrimental to export or other trade;
• livestock product has the same meaning as in the Livestock Disease Control Act 1994 which includes—
• the carcase or any portion of a carcase of any livestock;
• the meat, blood, hide, skin, wool, hair, horns, feathers, antlers, feet or offal of livestock;
• the fat, milk, whey, cream, butter, cheese, eggs or other food or foodstuffs derived from livestock;
• honey, beeswax, honeycomb or any other product of bees;
• semen, ova or embryos of livestock; and
• the secretions, excretions, manure and other wastes of livestock;
• prescribed biosecurity measure means a measure prescribed by the regulations.
Subclause (2) inserts a semicolon after the name of the Act in paragraph (b) of the definition of inspector due to the insertion of new paragraph (c) into that definition.
Subclause (3) amends the definition of inspector in section 3 of the Livestock Management Act 2010 to insert a paragraph (c) to provide that, subject to section 30A of the Act, a police officer is
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included in the definition of an inspector. Section 30A (refer clause 7) will enable a police officer to exercise the powers of an inspector in relation to any matter relating to a possible contravention of new section 50A or 50B.
Clause 5 amends section 4 of the Livestock Management Act 2010 to insert a new section (2A).
New section (2A) provides that compliance with a biosecurity management plan or a prescribed biosecurity measure will be taken to be compliance with a less stringent requirement, prescribed standard or applicable code under a listed Act which is referred to in subsection (1). This ensures that conflict will be avoided in the event a biosecurity management plan or a prescribed biosecurity measure is inconsistent with a less stringent requirement made under the Livestock Management Act 2010 or an Act listed in subsection (1).
Clause 6 inserts a new Part 3A into the Livestock Management Act 2010 to provide for biosecurity management plans and prescribed biosecurity measures to apply to a premises or specified parts of a premises.
New section 21A enables a person who manages a livestock activity at a premises or a specified part of a premises, or is a person of a prescribed class, to prepare a biosecurity management plan that applies to the premises or a specified part of a premises.
Subsection (2) of new section 21A sets out the rules that apply in relation to biosecurity management plans including—
• it may be expressed to apply to a premises or a specified part of a premises;
• more than one biosecurity management plan cannot apply to the whole of the same premises or to the whole of the same specified part of a premises;
• a biosecurity management plan may amend or revoke a plan that applies to a premises or specified part of a premises.
This is to ensure that there is clarity about which biosecurity management plan applies to a premises or part of a premises at any one time, when there may be multiple livestock activities occurring at the premises or a specified part of a premises.
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New section 21B is required to clarify that if a biosecurity management plan is in place for the whole or a specified part of a premises (the original plan), then a subsequent biosecurity management plan (the later plan) applying to the whole of the same premises, or the whole of the same specified part of the premises, will prevail. This provides further clarity about which biosecurity management plan applies at any one time.
Subsection (3) of new section 21B provides biosecurity management plans are inoperative if a premises or specified part are situated on land to which section 401A of the Land Act 1958 applies, or the premises or a specified part of the premises is included in a prescribed class.
New section 21C provides that, to avoid doubt, nothing in the Livestock Management Act 2010 is to be taken to require a person who has prepared a biosecurity management plan to disclose the contents of that plan to another person other than to an inspector exercising powers under Part 5. This provision ensures that a person who seeks entry to a premises or a part of a premises has no entitlement to be provided the biosecurity management plan (which may contain confidential or commercially sensitive information). The only matters that are relevant to entry to or remaining on the premises will be those that are displayed on the relevant signs required under section 50A.
Clause 7 inserts new section 30A into the Livestock Management Act 2010.
Section 30A enables a police officer, in the police officer's capacity as an inspector, to exercise the powers of an inspector in relation to any matter relating to a possible contravention of new section 50A and 50B.
New subsection (2) provides that section 28 of the Act does not apply to a police officer in their capacity as an inspector. Section 28 requires the Secretary to issue an identification card to each inspector and for the inspector to produce their identification before exercising a power under the Act or to a person in charge or apparent control of a place or thing under investigation.
New subsection (3) clarifies that new section 30A does not limit any powers of a police officer in any other capacity.
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Clause 8 amends section 38 of the Livestock Management Act 2010.
Section 38 enables an inspector to search, inspect or examine any premises, livestock, livestock product, equipment, machinery, item of plant, facility or vehicle that the inspector reasonably believes is or was used in connection with a regulated livestock activity.
This clause extends these powers to apply in circumstances where the inspector reasonably believes that section 50A or 50B has not been complied with in relation to the premises, or the livestock, livestock product, equipment, machinery, item of plant or facility or vehicle is or was being used in connection with a contravention of section 50A or 50B of the Act.
Clause 9 amends section 43 of the Livestock Management Act 2010.
Section 43 enables an inspector who reasonably believes that a vehicle is or was being used for a regulated livestock activity to stop and detain a vehicle or direct a person in charge or apparently in charge of the vehicle to proceed to a specified place and stop. Before giving such a direction the inspector must inform the person that the inspector reasonably believes that the vehicle is or was being used for the regulated livestock activity.
This clause extends these powers to apply in circumstances where the inspector reasonably believes that the vehicle is or was being used in connection with a contravention of section 50A or 50B of the Act.
Clause 10 inserts new sections 50A and 50B into the Livestock Management Act 2010.
New section 50A(1) creates a new offence that provides a person must not contravene a prescribed biosecurity measure that applies to a premises, or to a specified part of a premises, if—
• a biosecurity management plan is in force for the premises or the specified part of the premises; and
• there is a sign that complies with subsection (2) displayed in accordance with that subsection.
A penalty of up to 60 penalty units applies for an individual and 300 penalty units for a corporation.
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New section 50A(2) sets out the requirements with which a sign referred to in subsection (1) must comply. These include that it must—
• contain the prescribed information, including a summary of the prescribed biosecurity measures that apply to the premises or specified part of the premises (as the case requires);
• contain the name of the regulations under which those biosecurity measures are prescribed;
• state that a contravention of a prescribed biosecurity measure is an offence;
• be constructed and designed in accordance with the prescribed requirements;
• be affixed and conspicuously displayed in the prescribed manner and in the prescribed location at the premises, or at the specified part of the premises (as the case requires); and
• comply with any additional requirements specified by the regulations.
New section 50A(3) specifies that it is not an offence under this section if a person is at the premises or part of the premises pursuant to a power conferred under a provision of the Livestock Management Act 2010 or another law including the laws specified in that section.
New section 50A(4) provides that it is not an offence for a person to be at a premises or part of a premises to which a biosecurity management plan applies, where the person is at the premises in circumstances prescribed by the regulations.
New section 50B creates an offence for a person to damage, deface or remove a sign that complies with section 50A(2). A penalty of 20 penalty units applies.
Clause 11 amends section 51(1) of the Livestock Management Act 2010.
Section 51(1) provides that if an inspector reasonably believes that a person has committed an offence against the regulations prescribed for the purposes of Division 7 of Part 5 of the Livestock Management Act 2010, the inspector may serve an infringement notice on that person.
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This clause amends section 51(1) to enable an infringement notice to be issued for an offence against sections 50A or 50B, or an offence against the Livestock Management Act 2010.
Clause 12 amends section 52 of the Livestock Management Act 2010.
Section 52 currently provides that the penalty for an offence for which an infringement notice has been issued is the penalty prescribed in the regulations, which must not exceed 5 penalty units.
This clause amends section 52 to replace the maximum penalties with a range of maximum penalties as follows—
• for an offence against the Act, or against the regulations, being an offence prescribed for the purposes of Division 7 of Part 5, a maximum of 7 penalty units for an individual;
• for an offence against section 50A, a maximum of 7 penalty units for an individual and 45 penalty units for a body corporate;
• for an offence against section 50B, a maximum of 3 penalty units.
Clause 13 amends section 63(1) of the Livestock Management Act 2010 to authorise the making of regulations for the purposes of the amendments to the Act regarding biosecurity management plans and prescribed biosecurity measures. The new regulation-making powers include, but are not limited to the following—
• prohibiting or regulating entry to or remaining at a premises, or a specified part of a premises, to which a biosecurity management plan applies without the consent of a person or persons;
• requiring persons to record their entry to and movements at a premises or a specified part of a premises to which a biosecurity management plan applies;
• prescribing the circumstances in which a person may enter or remain at a premises, or a specified part of a premises, to which a biosecurity management plan applies;
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• requiring persons entering a premises, or a specified part of a premises, to which a biosecurity management plan applies to provide such identification as is prescribed;
• requiring compliance with specified protocols and procedures in respect of a premises, or a specified part of a premises, to which a biosecurity management plan applies;
• matters that must be included in a biosecurity management plan;
• matters that may be included in a biosecurity management plan;
• templates, forms, maps or diagrams, as appropriate, in relation to signs, records, biosecurity management plans or prescribed documents;
• the creation, keeping and maintenance of records, including the information to be included and the retention period, about persons who enter or remain in a premises, or a specified part of a premises, to which a biosecurity management plan applies;
• biosecurity measures that apply to a premises, or to a specified part of a premises, or to classes of premises or specified parts of premises, to which a biosecurity management plan applies;
• prescribing information to be included in signage for the purposes of section 50A(2)(a);
• prescribing requirements in relation to signs for the purposes of section 50A(2)(c);
• prescribing additional matters in relation to signs for the purposes of section 50A(2)(d);
• exempting persons or classes of person from any requirements specified in the regulations; and
• prescribing means (including but not limited to electronic means) for seeking and giving consent to entry to a premises, or a specified part of a premises, to which a biosecurity management plan applies.
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Part 3—Repeal of this Act
Clause 14 provides that this Act is repealed on the first anniversary of the first day on which all provisions of this Act are in operation.