Biosecurity (Consequential and Transitional Provisions) Act 2020

Biosecurity (Consequential and Transitional Provisions) Act 2020

An Act to amend certain legislation consequent on the commencement of the Biosecurity Act 2019 and the repeal, under that Act, of certain other Acts

Be it enacted by Her 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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Biosecurity (Consequential and Transitional Provisions) Act 2020 .

2.   Commencement

(1)  Except as provided in this section, the provisions of this Act commence on the day on which this Act receives the Royal Assent.

(2)  Section 6 and Schedule 2 commence on the day on which Part 1 of Schedule 3 to the Biosecurity Act 2019 commences.

(3)  Section 7 and Schedule 3 commence on the day on which Part 2 of Schedule 3 to the Biosecurity Act 2019 commences.

(4)  Section 8 and Schedule 4 commence on the day on which Part 3 of Schedule 3 to the Biosecurity Act 2019 commences.

(5)  Section 9 and Schedule 5 commence on the day on which Part 7 of Schedule 3 to the Biosecurity Act 2019 commences.

PART 2 - Savings and Transitional

3.   Interpretation of Part

In this Part –

commencement day means the day on which this Act receives the Royal Assent;

new legislative scheme means the legislative scheme established under –

(a) the Biosecurity Act 2019 ; and

(b) this Act;

old legislative scheme means the legislative schemes established under each of the following Acts:

(a) the Animal (Brands and Movement) Act 1984 ;

(b) the Animal Farming (Registration) Act 1994 ;

(c) the Animal Health Act 1995 ;

(d) the Plant Quarantine Act 1997 ;

(e) the Seeds Act 1985 ;

(f) the Vermin Control Act 2000 ;

(g) the Weed Management Act 1999 ;

the regulations means regulations made for the purposes of this Act whether made under this Act or the Biosecurity Act 2019 .

4.   Savings and transitional regulations

(1)  The Governor may make regulations of a savings and transitional nature consequent on the enactment of the Biosecurity Act 2019 to effect, and facilitate, the transition from the old legislative scheme to the new legislative scheme.

(2)  Without limiting the generality of subsection (1) , regulations made under that subsection may –

(a) be made as regulations under this Act or as part of regulations made under the Biosecurity Act 2019 ; and

(b) provide for the preservation, continuation, extension, variation or revocation of any one or more of the following matters under the old legislative scheme:

(i) decisions, determinations, approvals, declarations, delegations or other such authorisations;

(ii) appointments;

(iii) bodies, facilities, committees or other organisations;

(iv) actions undertaken or exempted;

(v) permits, licences, exemptions, registrations or other such authorisations;

(vi) tags, brands, devices, cards or other such means of identification;

(vii) certificates, notices or other instruments or documents;

(viii) records, registers, lists or other such administrative, or publically available, collections of information or data;

(ix) any other matter under the old legislative scheme; and

(c) deal with any incidental or ancillary matters.

(3)  Regulations made under subsection (1) may –

(a) take effect on the commencement day or a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and

(b) be made in respect of one or more Acts which form part of the old legislative scheme; and

(c) be made so as to apply differently according to the matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and

(d) authorise any matter to be from time to time approved, determined, applied or regulated by –

(i) the Minister or the Secretary; or

(ii) the Chief Veterinary Officer within the meaning of the Biosecurity Act 2019 ; or

(iii) the Chief Plant Protection Officer within the meaning of the Biosecurity Act 2019 ; or

(iv) an authorised officer within the meaning of the Biosecurity Act 2019 ; or

(v) such other person specified in the regulations; and

(e) specify that, if there is a conflict between the regulations and the old legislative scheme, the regulations prevail over an in force, or former, inconsistent provision of the old legislative scheme.

PART 3 - Consequential Amendments

5.   

See Schedule 1 .

[Uncommenced

6.   Consequential amendments - Animal (Brands and Movement) Act 1984

The legislation specified in Schedule 2 is amended as specified in that Schedule.

]

7.   

See Schedule 3 .

8.   

See Schedule 4 .

9.   

See Schedule 5 .

PART 4 - Miscellaneous

10.   Effect of certain consequential amendments

The amendment by this Act of a provision of any regulations made under any Act does not prevent that provision or any other provision of those regulations from being amended or rescinded by any subsequent regulations.

11.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Primary Industries and Water; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Primary Industries, Parks, Water and Environment.

SCHEDULE 1 - Consequential amendments - Biosecurity Act 2019

The amendments effected by Section 5 and this Schedule have been incorporated into authorised versions of the following Acts and Statutory Rules:

(a) Inland Fisheries Act 1995 ;

(b) Primary Produce Safety (Egg) Regulations 2014 ;

(c) Primary Produce Safety (Meat and Poultry) Regulations 2014 ;

(d) Primary Produce Safety (Pet Food) Regulations 2014 ;

(e) Primary Produce Safety (Seafood) Regulations 2014 ;

(f) Primary Produce Safety (Seed Sprouts) Regulations 2014 .

SCHEDULE 2 - Consequential amendments - Animal (Brands and Movement) Act 1984

[Uncommenced]

Section 6

Approvals (Deadlines) Act 1993

1.    Schedule 1 is amended by omitting

Animal (Brands and Movement) Act 1984
Registration of brand or tag	60 days from the day on which an application under section 11 (6) of the Animal (Brands and Movement) Act 1984 is received by the Registrar of Animal Brands.

SCHEDULE 3 - Consequential amendments - Animal Farming (Registration) Act 1994

The amendments effected by Section 7 and this Schedule have been incorporated into authorised versions of the following Acts:

(a) Animal Farming (Registration) Act 1994 ;

(b) Biosecurity Act 2019 ;

(c) Nature Conservation Act 2002 .

SCHEDULE 4 - Consequential amendments - Animal Health Act 1995

The amendments effected by Section 8 and this Schedule have been incorporated into authorised versions of the following Acts:

(a) Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;

(b) Animal (Brands and Movement) Act 1984 ;

(c) Animal Farming (Registration) Act 1994 ;

(d) Animal Health Act 1995 ;

(e) Animal Welfare Act 1993 ;

(f) Approvals (Deadlines) Act 1993 ;

(g) Biosecurity Act 2019 ;

(h) Criminal Code Act 1924 ;

(i) Firearms Act 1996 ;

(j) Nature Conservation Act 2002 ;

(k) Vermin Control Act 2000 .

SCHEDULE 5 - Consequential amendments - Weed Management Act 1999

The amendments effected by Section 9 and this Schedule have been incorporated into authorised versions of the following Acts:

(a) Biosecurity Act 2019 ;

(b) Boundary Fences Act 1908 ;

(c) Rail Infrastructure Act 2007 ;

(d) Roads and Jetties Act 1935 ;

(e) Weed Management Act 1999 .