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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-11-30 Daily Xml
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LIVESTOCK (MISCELLANEOUS) AMENDMENT BILL

Introduction and First Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (10:05): Obtained leave and introduced a bill for an act to amend the Livestock Act 1997. Read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (10:05): I move:

That this bill be now read a second time.

This bill is about improving the current operation of the Livestock Act 1997. The current act came into operation in January 1998 and represented the consolidation of eight acts relating to the health of livestock in South Australia. The act incorporates support for a number of important national agreements, for example, the National Livestock Identification Scheme (NLIS) and the national agreement for funding of emergency responses to exotic disease incursions, ensuring that South Australia is in harmony with livestock legislation enacted elsewhere in Australia.

The act provides for registration requirements in relation to the keeping of livestock to ensure fast and effective tracing of livestock in the event of the detection of an emergency animal disease. There are also registration requirements in relation to artificial breeding centres and veterinary diagnostic laboratories. These requirements ensure that the minimum necessary standards are complied with for the protection and benefit of the state’s livestock industries.

The act provides the government with the ability to investigate and control any animal disease or contaminant that may impact on the health of livestock, people or native or feral animals, or the marketability of livestock or livestock products.

The act also provides for the establishment of livestock advisory groups, which advise the minister directly on matters affecting the sectors that they represent. Currently, there are seven advisory groups (sheep, cattle, pigs, goats, deer, alpaca and horses). These groups have greatly assisted the government in developing appropriate policy for their particular sectors of the livestock industries. The advisory groups representing those industry sectors that have funds established under the Primary Industry Funding Schemes Act 1998 also act as the consultative committee for the respective funds, providing advice to the minister in relation to the administration of the funds.

Good governance requires continual legislative review to ensure that the regulatory framework meets the needs of the community without stifling endeavour or putting at risk the enviable health status of our livestock industries. It is recognised that this relatively contemporary piece of legislation can be improved with fine tuning certain existing provisions, removing obsolete or unnecessary provisions and including new provisions that will give the livestock-owning communities greater say in how animal health-related diseases and issues are dealt with.

Amendment of the act is proposed to enable recovery of costs from individuals who refuse or fail to take required disease control actions, beyond just the expenses incurred by inspectors. This is particularly aimed at the apiary sector where a significant amount of taxpayer and industry funds are used to clean up neglected and abandoned hives and hive material, which present a biosecurity threat to the bee and honey industries.

Specific provisions for the allocation of a property identification code (PIC) to all properties with livestock have been developed to provide for more equitable penalty provisions for persons in breach of the requirements and to improve the current PIC system. The PIC is an essential component of the NLIS and provides vital information about livestock properties for use in disease emergencies and natural disasters. These new provisions will not change the current requirements and operation of the PIC registration system.

The amendments to improve operation of the act commenced with the release, in August 2009, of a discussion paper that identified a number of issues of interest and invited comment from stakeholders on the working of the act and the proposed amendments. Stakeholder comments were fully supportive of the proposed general amendments, and recent consultation confirmed that these amendments are still supported. The proposed amendments to the act establish cost recovery of the animal health program and are not being pursued at this time.

Following amendment of the act, Biosecurity SA will be consulting with relevant industry sectors in developing any necessary consequential amendments to the regulation. The bill contains a number of enhancements that will benefit primary industry producers, and I commend the bill to members and seek leave to insert the explanation of clauses in Hansard without my reading them.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Livestock Act 1997

4—Amendment of section 3—Interpretation—general

A new pointer definition is inserted in relation to category 1, 2 and 3 offences, categories used in connection with maximum penalties and expiation fees (see clauses 7, 10 and 20).

The existing pointer definition relating to notifiable disease is altered so as to refer to a new category—notifiable (report only) disease (see clauses 5 and 16).

The definition of veterinary diagnostic laboratory is altered so that it does not include a place of business of a veterinary surgeon if the only samples or specimens that are tested or analysed come from livestock being treated (as well as diagnosed) by the veterinary surgeon in the ordinary course of his or her practice. Such a laboratory will not be required to be registered.

5—Amendment of section 4—Interpretation—notifiable condition and exotic disease

This amendment provides for designation by the Minister by Gazette notice of a notifiable (report only) disease.

6—Amendment of section 5—Interpretation—livestock etc affected or suspected of being affected with a disease or contaminant

This amendment contemplates the Minister by Gazette notice specifying conditions that will mean that there is reason to suspect that livestock of a class susceptible to a disease are affected with the disease. This power is proposed to be used as necessary in responding to particular disease control programs agreed nationally.

7—Insertion of section 6A—Categories of offences determining maximum penalties and expiation fees

New section 6A provides for regulations prescribing the offences that are to be regarded as category 1, 2 or 3 for the purposes of penalty. Category 1 is specified as the default category. See clauses 10 and 20.

8—Amendment of section 9—Functions of livestock advisory groups

This amendment enables an advisory group to act on its own initiative in raising with the Minister any issue directly related to the sector of the livestock industry that it represents (rather than only at the request of the Minister). It also removes an out of date cross reference to Part 2 Division 2.

9—Amendment of section 10—Terms and conditions of membership and procedures

This amendment enables the Minister to give directions relating to the procedures of an advisory group. This is designed to facilitate consistency between the groups.

10—Amendment of section 17—Requirement for registration to keep certain livestock

The penalty for keeping livestock when not registered as required is substituted, so as to provide for graduated penalties and for expiation fees.

11—Amendment of section 19—Requirement for registration to perform artificial breeding procedure

The offence of carrying out an artificial breeding procedure on or in connection with livestock without being registered is made expiable and subject to further exceptions for a person who carries out an artificial breeding procedure on or in connection with livestock owned by the person, and an artificial breeding procedure carried out on or in connection with livestock by an employee of the owner of the livestock in the course of that employment.

12—Amendment of section 23—Term of registration and renewal

The amendment enables late renewal of registration and provides a process for applications for renewal.

13—Insertion of Part 3A—Identification codes

New section 26A empowers the making for regulations for a scheme of identification codes for places where livestock may be kept or handled and for stock agents. It is an expiable offence not to have a current identification code as required by the regulations.

14—Amendment of section 30—Movement of livestock or livestock products affected with notifiable condition

15—Amendment of section 31—Supply of livestock or livestock products affected with notifiable condition

The offences created by sections 30 and 31 are made expiable in cases not involving exotic disease.

16—Insertion of section 32A—Exemptions for notifiable (report only) diseases

New section 32A gives effect to the new category of notifiable (report only) diseases by disapplying provisions that do not relate to reporting to diseases of that category. The diseases that will fall into this category are those which, for export purposes, Government authorities must collect data but which do not require further regulation (such as leptospirosis, toxoplasmosis, campylobacteriosis and trichomonisais).

17—Amendment of heading to Part 4 Division 2

This amendment ensures that the heading properly reflects the proposed content.

18—Amendment of section 33—Prohibition on entry or movement of livestock or other property absolutely or without required health certificate etc

This amendment extends the power to impose documentation requirements relating to entry of livestock by Gazette notice to movement of livestock within or out of the State. This is intended to enhance disease control measures, particularly when responding to an emergency animal disease event. The offence in subsection (5) is made expiable except in relation to exotic disease.

19—Amendment of section 37—Gazette notices

The offence in subsection (4) of non compliance with a notice is made expiable except in relation to exotic disease. Police officers are given the powers and functions of an inspector for the purposes of the section.

20—Amendment of section 38—Individual orders

The penalty for non compliance with an order is substituted, so as to provide for graduated penalties and for expiation fees. Non compliance with a sign erected as required by an order is made expiable.

21—Amendment of section 39—Action on default

22—Amendment of section 41—Action where no person in charge and owner cannot be located

The reference to 'by an inspector' is deleted in each case so as to ensure that the costs and expenses that may be recovered include those attributable to engagement of the inspector.

23—Amendment of section 43—Limitation on destruction or disposal of livestock or other property

It is thought that the reference to the example of halters and rugs leads to the provision being read more narrowly than is intended.

24—Amendment of section 47—Establishment of Fund

25—Amendment of section 48—Application of Fund

These amendments update references to the types of agreements under which money is paid into the Exotic Diseases Eradication Fund.

26—Amendment of section 49—Claims for compensation from Fund

These amendments allow a claim to be made by the owner of livestock certified by an inspector as having been destroyed during a declared period on animal welfare grounds as a result of a prohibition against movement of the livestock in force for the purposes of controlling or eradicating a declared exotic disease. The animal may not have been infected with disease. They also require the amount of compensation paid to be reduced by the amount of the net proceeds of any sale of livestock carcasses or other property.

27—Amendment of section 68—General powers of inspectors

28—Amendment of section 72—Compliance notices

The reference to 'by an inspector' is deleted in each case so as to ensure that the costs and expenses that may be recovered include those attributable to engagement of the inspector.

29—Insertion of Part 8 Division 4—Public warning statements

New section 72A enables the Chief Inspector to issue a public warning or to erect signs at a livestock saleyard or other public place for the purposes of controlling or eradicating disease or contamination.

30—Amendment of section 85—Service

This amendment contemplates service of notices by email if an email address is provided to the Minister or Chief Inspector for the purpose.

31—Amendment of section 88—Regulations

This amendment expands the regulation making power relating to vaccines and diagnostic reagents to diagnostic assays used in relation to livestock or native or feral animals. This is designed to enable the regulations to prohibit unauthorised testing or vaccination for notifiable and exotic diseases.

Schedule 1—Transitional provisions

This provision transitions the regulations relating to identification codes into the new scheme contemplated by the insertion of Part 3A into the Act.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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