S. 3(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 56/2003 s. 11(Sch. item 9.2), 108/2004 s. 117(1) (Sch. 3 item 116.1), 70/2013 s. 4(Sch. 2 item 26.2). (2) If under the Public Administration Act 2004 the name of the Department of Environment and Primary Industries is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. 4 Objectives The objectives of this Act are to— S. 4(a) amended by No. 57/2003 s. 3(2)(a). (a) protect public health by preventing, monitoring and controlling diseases transmissible from livestock to humans; S. 4(b) amended by No. 57/2003 s. 3(2)(a). (b) to protect domestic and export markets for livestock and livestock products by preventing, monitoring and controlling livestock diseases; S. 4(c) amended by No. 57/2003 s. 3(2)(b). (c) to provide for the preventing, monitoring and eradication of exotic livestock diseases; S. 4(d) amended by No. 57/2003 s. 3(2)(c). (d) to provide compensation for certain losses caused by livestock diseases; S. 4(e) inserted by No. 57/2003 s. 3(2)(d). (e) to facilitate the operation of livestock identification and tracking programs for disease and residue control and market access.
(b) impose requirements to be complied with in relation to the testing, transportation, sale or handling of livestock, livestock products or fittings within the declared area. S. 6(3A) inserted by No. 89/2001 s. 4, amended by No. 48/2010 s. 16(1). (3A) Without affecting subsection (1) or (2), the Governor in Council may make an Order exempting, or exempting to the extent specified in the Order, any livestock or class or species of livestock (including diseased livestock) or any person or class of person that is specified in the Order from all or any of the provisions of this Act or the regulations. S. 6(3B) inserted by No. 89/2001 s. 4. amended by No. 48/2010 s. 16(2). (3B) An Order made under subsection (3A)— (a) may specify the period during which the Order is to remain in force; (b) may provide that its operation is unconditional or operates in circumstances or conditions specified in the Order or is subject to any terms and conditions that are specified in the Order. S. 6(4) amended by No. 35/2009 s. 77. (4) A person must not contravene any prohibition or restriction of an Order made under subsection (2) or any requirement of an Order which is to operate in the declared area. 60 penalty units. (5) The Minister must ensure that an Order is published in the Government Gazette as soon as practicable after it is made. _______________ Division 1—Responsibilities of owners and others 7 Notification of diseases
S. 7B inserted by No. 48/2010 s. 17, amended by Nos 69/2011 s. 47(1), 60/2012 s. 18. 7B Notification of unusual circumstances of disease or death in livestock A person must notify an inspector in the prescribed manner of any unusual circumstances relating to livestock to which a declaration under section 7A applies within 5 days after becoming aware of the unusual circumstances if the livestock is— S. 7B(a) amended by No. 69/2011 s. 47(2). (a) owned by that person or in the possession, control or charge of that person; or (b) on land owned or occupied by that person; or (c) dealt with by that person as— (i) a veterinary practitioner, inspector under the Meat Industry Act 1993 or the Export Control Act 1982 of the Commonwealth; (ii) an operator of a meat processing facility licensed under the Meat Industry Act 1993 where a quality assurance program is in force; (iii) the owner or person in charge of premises registered as a diagnostic veterinary laboratory; (iv) a knacker, stock agent or other person dealing with livestock by way of a profession, trade or business. 60 penalty units. S. 8 amended by No. 35/2009 s. 79. 8 Isolation of livestock A person who owns or is in charge of, or who possesses or has control of, livestock or a livestock product which the person knows or suspects is infected with a disease must keep that livestock or livestock product separate from
S. 45(2)(b) amended by No. 37/2000 s. 70(b). (b) brand the cow, goat, sheep or buffalo or cause the cow, goat, sheep or buffalo to be branded with a brand which is of a permanent character in the prescribed manner. S. 45(3) amended by No. 37/2000 s. 70(a)(b). (3) A dairy farmer who is given a written notice under subsection (1) or (2) must prevent the use of the cow, goat, sheep or buffalo to which the notice relates for the production or preparation of any dairy food for sale whilst the notice remains in force. 60 penalty units. S. 45(4) amended by No. 37/2000 s. 70(a)(b). (4) A person must not use or permit the use of a cow, goat, sheep or buffalo to which a written notice under subsection (1) or (2) relates for the production or preparation of any dairy food for sale whilst the notice remains in force. 60 penalty units. Pt 4 Div. 4 (Heading and ss 46, 47) amended by No. 58/1997 s. 96(Sch. item 6.3), repealed by No. 35/2009 s. 90. * * * * * Division 5—Bees 48 Registration of beekeepers S. 48(1) amended by Nos 73/1996 s. 36(1), 35/2009 s. 91. (1) A person must not keep bees, whether or not that person is the owner of the bees, unless the person is registered as a beekeeper under this Act. 60 penalty units.
(d) payments which should be made under section 67(2); (e) any other matter referred to the Committee by the Minister. S. 70(3) amended by No. 71/2014 s. 21(a). (3) The Committee consists of 6 members appointed by the Minister, of whom— S. 70(3)(a) amended by No. 71/2014 s. 21(b). (a) 3 are to be persons nominated by the Victorian Apiarists' Association Inc., and at least one of the persons nominated is to have experience and knowledge of the delivery of honey bee crop pollination services; S. 70(3)(ab) inserted by No. 71/2014 s. 21(c). (ab) one is to be a person with general knowledge of the beekeeping industry nominated by the Victorian Farmers Federation; (b) 2 are to be persons nominated by the Secretary. (4) The Minister may appoint one of the members of the Committee to be chairperson. (5) A member of the Committee may, by notice in writing to the Minister, nominate another person to act in the place of that member at all meetings or any meeting of the Committee. A person so nominated who attends a meeting of the Committee may act as if that person was a member of the Committee and may vote on any matter for resolution by the Committee. (6) The provisions of Schedule 1 apply to the Committee. Division 3—Cattle compensation 71 Cattle Compensation Fund
the cattle are suffering from or suspected of suffering from disease; (b) to the owner of any cattle which are ordered to be destroyed by an inspector under this Act because the cattle are suffering from or suspected of suffering from disease and which die before being destroyed; (c) to the owner of any cattle destroyed because of injury suffered by the cattle in the course of administration of this Act; (d) to the owner of any carcase, or portion of a carcase, of cattle condemned under the Meat Industry Act 1993 or the Export Control Act 1982 of the Commonwealth at any meat processing facility by an inspector as unfit for human consumption because of disease; S. 75(e) inserted by No. 73/1996 s. 40(1). (e) to the owner of any cattle destroyed by, or by order of, an inspector under this Act because— S. 75(e)(a) renumbered as s. 75(e)(i) by No. 60/2012 s. 72(2)(a). (i) the cattle are suffering from or suspected of suffering from a disease which is declared to be an exotic disease after their destruction; or S. 75(e)(b) renumbered as s. 75(e)(ii) by No. 60/2012 s. 72(2)(b). (ii) the cattle are suspected of suffering from an exotic disease but after destruction are found not to be suffering from an exotic disease. 76 No compensation payable No compensation is payable— (a) if the head only of a carcase is condemned as unfit for human consumption because of disease; or
Division 5—Infringement notices 126 Power to serve a notice S. 126(1) amended by Nos 73/1996 s. 44(a)(b), 89/2001 s. 18(a)(b), 84/2008 ss 29, 36, 35/2009 s. 100 (as amended by No. 36/2009 s. 5), 48/2010 s. 41, 60/2012 s. 30. (1) If an inspector has reason to believe that a person has committed an offence against section 6(4), 9, 9A, 9B(1), 9B(6), 9C, 48(1), 50(1), 51(1), 51(2), 52(1), 52(2), 52(3), 94A, 94B, 95(1), 95A(1), 95B(1), 96B, 115(3) or 115A(4) of this Act or an offence against the regulations prescribed for the purposes of this section he or she may serve an infringement notice on that person. S. 126(2) substituted by No. 32/2006 s. 94(Sch. item 29(1)). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. Ss 127, 128 repealed by No. 32/2006 s. 94(Sch. item 29(2)). * * * * * S. 129 amended by No. 35/2009 s. 101. 129 Penalties to be paid for offences under infringement notices The penalty for an offence for which an infringement notice has been issued is the penalty prescribed by the regulations, which must not exceed 5 penalty units and must not exceed the penalty fixed by the Act for that offence. Ss 130, 131 repealed by No. 32/2006 s. 94(Sch. item 29(2)). * * * * *