Animal Health Amendment Act 1999

Animal Health Amendment Act 1999

An Act to amend the Animal Health Act 1995

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Animal Health Amendment Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Animal Health Act 1995 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of List B disease agent in subsection (1) :

listed animal or animal product means a dead animal, or an animal product, of a class of animal or animal product declared by the Minister under subsection (6) to be listed animals or animal products;

(b) by inserting the following definition after the definition of regulations in subsection (1) :

relevant listed animal disease, in respect of a listed animal or animal product, means the disease specified to be the relevant listed animal disease in a declaration under subsection (6) in respect of the class of animal or animal product of which that listed animal or animal product is a member;

(c) by inserting the following subsections after subsection (5) :

(6)  The Minister may, by notice published in the Gazette, declare a class of animal or animal product to be listed animals or animal products.

(7)  A notice under subsection (6)  –

(a) must specify in respect of the class of animal or animal product declared to be listed animals or animal products a relevant listed animal disease; and

(b) may specify, either generally or in relation to a particular listed animal or animal product or relevant listed animal disease, the treatment of –

(i) the dead animal or animal product that constitutes a listed animal or animal product; or

(ii) the animal or dead animal from which an animal product that constitutes a listed animal or animal product was obtained –

that is sufficient to ensure that the listed animal or animal product is not infected with the relevant listed animal disease.

(8)  A notice under subsection (6) that specifies treatment that is sufficient to ensure that the listed animal or animal product is not infected with the relevant listed animal disease may do so by adopting wholly or in part, with or without modification and specifically or by reference any Act of this State or elsewhere, any subordinate legislation made under such an Act or any standards, rules, codes or specifications published before or after the commencement of this subsection.

(9)  A reference in subsection (8) to an Act, subordinate legislation, standards, rules, codes or specifications includes a reference to that Act or subordinate legislation or those standards, rules, codes or specifications as amended from time to time.

(10)  A notice made by the Minister under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .

5.    Section 52A inserted

After section 52 of the Principal Act , the following section is inserted in Division 6:

52A.   Prohibition on possessing diseased listed animal or animal product

(1)  In this section –

diseased area, in respect of a listed animal or animal product, means –

(a) a country, other than a country considered to be free; and

(b) a part of a country, other than a part of a country considered to be a free zone –

in accordance with the relevant Code with respect to –

(c) where that listed animal or animal product is an animal, animals of the same class as that animal; and

(d) where that listed animal or animal product is an animal product, animals of the same class as the animal from which that animal product was obtained; and

(e) the relevant listed animal disease;

relevant Code means the International Animal Health Code or International Aquatic Animal Health Code together with the World Animal Health, OIE Bulletin and Disease Information, all published by the Office International des Epizooties.

(2)  In the definition of "relevant Code" in subsection (1) , a reference to a document is a reference to –

(a) that document whether published before or after the commencement of this section; and

(b) that document as amended from time to time; and

(c) any document, as amended from time to time, made in substitution for that document.

(3)  A person must not possess or have control of a listed animal or animal product that is infected with the relevant listed animal disease except as authorised and in accordance with a permit issued under subsection (5) .

Penalty:  Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 12 months, or both.

(4)  For the purposes of subsection (3) , a listed animal or animal product is taken to be infected with the relevant listed animal disease except where the person who possesses or has control of the listed animal or animal product –

(a) if the listed animal or animal product is a dead animal, establishes to the satisfaction of the Chief Veterinary Officer that that animal was not in any diseased area or otherwise exposed to the relevant listed animal disease at any time before its death; or

(b) if the listed animal or animal product is an animal product, establishes to the satisfaction of the Chief Veterinary Officer that the animal from which that animal product was obtained was not in any diseased area or otherwise exposed to the relevant listed animal disease at any time before its death; or

(c) establishes to the satisfaction of the Chief Veterinary Officer that –

(i) the animal that constitutes that listed animal or animal product; or

(ii) the animal from which the animal product that constitutes that listed animal or animal product was obtained; or

(iii) the animal product that constitutes that listed animal or animal product –

has been subjected to treatment specified in a notice under section 3(6) as being sufficient to ensure that the listed animal or animal product is not infected with the relevant listed animal disease.

(5)  The Chief Veterinary Officer may issue a permit authorising a person to have possession or control of a listed animal or animal product.

[Second reading presentation speech made in:

House of Assembly on 23 NOVEMBER 1999

Legislative Council on 30 NOVEMBER 1999]