Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Primary Industries Legislation
Amendment Bill 2010
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill, which are to make amendments
to the Catchment and Land Protection Act 1994 (the CALP
Act), the Livestock Disease Control Act 1994 (the LDC Act),
the Primary Industries Legislation Amendment Act 2009 and
the Veterinary Practice Act 1997 (the VP Act).
Clause 2 Subclause (1) provides for the Bill to come into operation on a
day or days to be proclaimed.
Subclause (2) provides for a forced commencement date of
30 November 2012. This is to enable new appointments to be
made to the Cattle Compensation Advisory Committee and the
Sheep and Goat Compensation Committee. The current
appointments expire in May 2013.
PART 2--AMENDMENTS TO THE CATCHMENT AND LAND
PROTECTION ACT 1994
Clause 3 amends section 3(1) of the CALP Act to insert a definition of
animal.
Clause 4 amends section 21(1) of the CALP Act to require the Secretary to
take all reasonable steps to control restricted pest animals on any
land in the State. This duty will be in addition to the Secretary's
other powers to take all reasonable steps to eradicate state
prohibited weeds from all land and take all reasonable steps to
eradicate regionally prohibited weeds on roadsides on Crown
land.
561321 1 BILL LA INTRODUCTION 22/6/2010
Clause 5 amends section 58(1)(a) of the CALP Act to amend the spelling
of "State" for consistency with the rest of that Act.
Clause 6 inserts new section 58B into the CALP Act. New section 58B
provides for the making of an emergency declaration of a
prohibited pest animal by the Minister.
Clause 7 amends section 59(3) of the CALP Act to refer to new section
58B inserted by clause 6. This will ensure that the Minister
cannot declare an animal under new section 58B if it is excluded
by section 59(3).
Clause 8 Subclause (1) amends the heading to section 70A of the CALP
Act to include the movement of vehicles or other things from a
road on to land. This better reflects the new content of the
section, which requires a person to take reasonable precautions
when moving a vehicle from land on to a road or from a road on
to land if the vehicle is used for carrying, moving or transporting
particular things known to spread noxious weeds, as outlined in
subclauses (2), (3), (4) and (5).
Subclause (2) amends section 70A(1)(a) of the CALP Act, to
expand what a vehicle may be carrying to include stone, gravel,
soil and plant material. The expanded section will cover
common land uses, not solely agricultural activities, such as
horticulture, earth works, plant propagation and landscaping,
which can lead to the spread of noxious weeds.
Subclause (3) substitutes section 70A(1)(b) of the CALP Act to
expand the purposes for which machinery or equipment subject
to this section may be used to include primary production and
earth works. The expanded section will cover common land
uses, not solely agricultural activities, such as horticulture, earth
works, plant propagation and landscaping, which can lead to the
spread of noxious weeds.
Subclause (4) amends section 70A(1) and subclause (5) amends
section 70A(2) of the CALP Act to restrict the movement of
vehicles or other things from a road on to land, as well as from a
land to a road. This will require a person to take reasonable
precautions to ensure a vehicle is free from noxious weeds before
moving the vehicle from a road on to adjoining land. For
example, machinery used for grass slashing or road works on a
roadside that subsequently moves to adjoining land.
2
Clause 9 amends section 80(2)(ba) of the CALP Act to remove a
requirement for an authorised officer to gain the consent of the
occupier to take photographs. The occupier maintains the right to
refuse to consent to the taking of photographs. This amendment
aligns the rights of the occupier and the obligations of the
authorised officer with the other search and entry powers under
section 80(2).
Clause 10 amends section 81(3)(ba) of the CALP Act to remove a
requirement for an authorised officer to gain the consent of the
occupier to take photographs. The occupier maintains the right to
refuse to consent to the taking of photographs. This amendment
aligns the rights of the occupier and the obligations of the
authorised officer with the other search and entry powers under
section 81(3).
Clause 11 Subclause (1) amends section 82(1) of the CALP Act to permit
an authorised officer to enter and search land if he or she believes
on reasonable grounds that a restricted pest animal may be on the
land. In order for the Secretary to fulfil the responsibility and
exercise the powers to control restricted pest animals required by
section 21 (as amended by clause 4), the Secretary requires this
additional entry power to deal with their control.
Subclause (2) amends section 82(5) of the CALP Act to provide
that where an authorised officer has given the occupier a copy of
an authorisation under section 83F (as amended by clause 13), an
authorised officer is not required to leave a notice upon leaving
the land when exercising entry under section 82.
Clause 12 Subclause (1) amends section 83A of the CALP Act to enable an
authorised officer executing a warrant to seize or take a sample of
any thing which is not the kind described in the warrant if it will
afford evidence about the commission of an offence against the
CALP Act or a related Act or the regulations under those Acts for
the purposes of which the officer is appointed. This amendment
also enables an authorised officer executing a warrant to seize a
thing not of the kind described in the warrant if he or she believes
on reasonable grounds that it is necessary to seize that thing in
order to prevent its concealment, loss, destruction or its use in the
commission of an offence against those Acts and regulations for
the purposes of which the officer is appointed.
Subclause (2) inserts a definition of related Act which means the
Fisheries Act 1995, the Flora and Fauna Guarantee Act 1988
or the Wildlife Act 1975.
3
Clause 13 amends section 83F of the CALP Act to provide that an
authorised officer may authorise a person to assist in carrying out
activities required for action taken under section 79 without the
supervision of the authorised officer. The work is to be
conducted under an authorisation issued by the authorised officer
to the assistant, and a copy given to the occupier, that outlines the
work to be carried out and the timeframe permitted for the
assistant to enter and re-enter the land in order to carry out the
work.
Clause 14 amends section 83L(1) of the CALP Act to enable a retention
notice to be issued in relation to noxious weeds. The retention
notice will require a person to keep the noxious weed in his or
her possession and not sell or dispose of the noxious weed for a
given time period.
PART 3--AMENDMENTS TO THE LIVESTOCK DISEASE
CONTROL ACT 1994
Clause 15 Subclause (1) amends section 3(1) of the LDC Act to insert
definitions of emergency, property identification code and
vendor declaration.
Subclause (2) repeals the definition of pig in the LDC Act.
The current definition while attempting to be exhaustive refers to
outdated references to classes of pigs. Reliance can be placed on
the common meaning.
Clause 16 Subclause (1) amends section 6(3A) of the LDC Act to put
beyond doubt that the Governor in Council may make an order
exempting diseased livestock from all or any of the provisions of
this Act or the regulations. In certain circumstances it may be
appropriate to exempt livestock infected with disease or
suspected to be infected with disease from certain provisions of
the Act such as offence provisions.
Subclause (2) makes a housekeeping amendment that amends
section 6(3B) of the LDC Act to correctly cite a reference to
subsection (3A).
Clause 17 inserts new sections 7A and 7B into the LDC Act.
Proposed section 7A(1) provides that the Minister may by
instrument declare unusual circumstances of disease in livestock
or of the death of livestock. The early detection of new and
emerging diseases is important if they are to be understood and
controlled.
4
Proposed section 7A(2) provides that a declaration under
section 7A may be in force no longer than 3 months after the
declaration is made. This will allow time in which to study the
cause of disease and to deal with it.
Proposed section 7A(3) provides that the declaration must be
published in the Government Gazette as soon as practicable after
it is made. This will inform the public about the declaration.
Proposed section 7B of the LDC Act provides that a person must
notify an inspector of any unusual circumstances relating to
livestock in a declaration under new section 7A within 14 days
of becoming aware of the circumstances. This will enable the
causes of disease to be further studied and dealt with. A failure
to comply with this requirement will result in a maximum penalty
of 60 penalty units.
Clause 18 inserts new section 8A into the LDC Act which provides the
requirements for the giving of a vendor declaration when
livestock is sold or transported. National vendor declarations
provide information from producers about the food safety status
of livestock being sold. Failure to comply will constitute an
offence with a penalty of up to 60 penalty units.
Proposed section 8A(1) requires an owner of cattle or prescribed
livestock who sells, gives away, dispatches for sale, slaughter or
disposal (other than at a knackery) the cattle or livestock and who
accompanies the cattle or livestock to their destination, to give to
the buyer or receiver who takes delivery of the cattle or livestock
a vendor declaration.
Proposed section 8A(2) requires an owner of cattle or prescribed
livestock who sells, gives away, dispatches for sale, slaughter or
disposal (other than at a knackery) the cattle or livestock and who
does not accompany livestock to their destination, to give the
transporter a vendor declaration.
Proposed section 8A(3) requires a transporter to ensure that cattle
or prescribed livestock transported under proposed section (2) be
accompanied by a vendor declaration and to give it to the buyer
or receiver.
Proposed section 8A(4) provides that a livestock agent must give
a vendor declaration immediately to the buyer or receiver.
Proposed sections 8A(5) and (6) provide that an owner of cattle
or livestock must in the case of the owner keep a copy of a
vendor declaration for 3 years and in the case of the person who
is given one, must keep the declaration for 3 years.
5
Clause 19 amends the reference to "prescribed livestock" in section 9 of
the LDC Act to read "prescribed livestock or livestock of a
prescribed species or class. This will make the language in
section 9 consistent with that in sections 9A and 9B of the LDC
Act.
Clause 20 Subclause (1) amends section 9A(1)(d) of the LDC Act to
accurately refer to a property identification code allocated under
section 9B.
Subclause (2) amends section 9A(3) of the LDC Act to refer to a
property identification code.
Clause 21 substitutes section 9B of the LDC Act with new sections 9B,
9BA, 9BB and 9BC.
Consistent with the current provisions, proposed section 9B(1)
requires an owner of cattle or prescribed livestock to apply for a
property identification code which identifies the property at
which the cattle or livestock is to be kept. A penalty of
60 penalty units applies.
Proposed section 9B(2) requires persons operating a livestock
business to apply for a property identification code. Failure to
do so will be an offence with a penalty of up to 60 penalty units.
The term livestock business is defined in proposed
subsection (7).
Proposed section 9B(3) specifies the requirements for an
application for a property identification code.
Proposed section 9B(4) specifies that the Secretary must allocate
a property identification code to a person who has applied in
accordance with proposed section 9B.
Proposed section 9B(5) provides that a property identification
code remains in force for the period specified by the Secretary
unless earlier cancelled by the Secretary.
Proposed section 9B(6) makes it an offence with a penalty of
5 penalty units for a person not to advise the Secretary of any
change in information provided in the application for a property
identification code. The effect of this provision is that the
Department of Primary Industries will have updated information.
For example, if a producer changes his or her address then the
Department requires that information. The contact details of the
producer are vital in the case of an outbreak of disease.
Proposed 9B(7) defines code and livestock business for the
purposes of section 9B.
6
Proposed section 9BA(1) provides for the cancellation of a
property identification code by the Secretary where a livestock
business has ceased trading, there are no longer any livestock
being kept at a property, more than one property identification
code has been issued in respect of the same property or it is
necessary to change the configuration of the numbers and letters
in a property identification code.
Proposed section 9BA(2) provides for notice of the cancellation
to be provided to the person who applied for the property
identification code originally.
Proposed section 9BA(3) specifies when the cancellation is to
take effect.
Proposed section 9BB provides for review by the Secretary of the
decision to cancel a property identification code and sets out the
process for that review.
Proposed section 9BC makes it an offence with a maximum
penalty of 10 penalty units for a person to use a property
identification code that is no longer in force.
Clause 22 amends section 9C of the LDC Act to refer to a property
identification code.
Clause 23 amends section 10(2)(a) of the LDC Act to clarify regulations
may prescribe requirements about the introduction of livestock,
livestock products, fodder or fittings into Victoria.
Clause 24 amends section 11(b)(ii) of the LDC Act so that the prohibition
against removing from a quarantine area any livestock product,
fodder or fittings or any soil, sand or any other material, applies
without qualification. This ensures that it is not necessary to
know with certainty that the livestock is diseased for the
prohibition to apply.
Clause 25 Subclause (1) substitutes section 16(1) of the LDC Act.
Substituted 16(1) consists of 2 paragraphs now. In effect, section
16(1)(a) is the same as former section 16(1) whilst new section
16(1)(b) identifies the way in which testing is to be undertaken
that is, by a method approved by a written determination of the
Secretary. The substituted section 16(1) attracts a penalty of
60 penalty units which is the same amount as before.
Subclause (2) inserts section 16(2A) to provide for a person
submitting samples from livestock to a veterinary diagnostic
laboratory to provide minimum accompanying information such
as details of the species of livestock, the address of the owner of
the livestock and the property identification code identifying the
7
property at which the livestock is kept. As this provision is a
record keeping offence a penalty of 10 penalty units is provided
for.
Subclause (2) inserts section 16(2B) to provide that a person
submitting livestock samples to a person outside of Victoria for
testing for disease must provide minimum accompanying
information to the Secretary within 7 days after receiving the
results. The minimum information is the same as that in section
16(2A). As this provision is a record keeping offence a penalty
of 10 penalty units is provided for.
Subclause (3) inserts section 16(4A) which exempts small
veterinary diagnostic laboratories from the accreditation
requirements of section 16(4).
Clause 26 inserts new section 16A into the LDC Act to provide that the
Secretary may make written determinations relating to testing for
diseases. Section 16A(1) provides for the Secretary by written
determination to approve a person who may undertake testing of
livestock samples for disease by methods approved in the
determination. This provision ensures that only appropriate
persons may perform tests and by appropriate methods.
Proposed section 16A(2) provides that in approving a person to
test for livestock disease by the approved methods, the Secretary
must have regard to the qualifications or work experience of the
person.
Proposed section 16A(3) provides for the Secretary by written
determination to declare a small veterinary diagnostic laboratory
having regard to certain criteria such as the establishment of
quality assurance programs or the qualifications of veterinary
pathologists employed at the laboratory. The majority of
notifiable diseases affect production animals rather than
companion (pet) animals. Accreditation provided for in section
16(4) of the LDC Act is expensive and involves lengthy
processes concerned with quality control and assurance to ensure
that tests perform properly. This is more important for
laboratories doing large quantities of livestock (production
animal) testing. Smaller laboratories may only see a few
livestock cases a year making accreditation untenable.
Proposed section 16A(3) provides for a more positive framework.
Determinations under new section 16A may be subject to
conditions and must be published in the Government Gazette.
8
Clause 27 amends section 31(1)(b) of the LDC Act to apply to livestock
whether diseased or not. Section 31(1)(b) provides that under a
restricted area or control area order declared by the Minister, the
order may require livestock to be destroyed. The proposed
amendment removes any uncertainty as to whether or not the
reference to livestock includes diseased livestock.
Clause 28 Subclause (1) amends section 41(1) of the LDC Act to remove all
references to placental.
Subclause (2) amends section 41(1)(c) of the LDC Act to make
it an offence to feed or allow pigs access to any material
originating from a mammal or that has been in direct contact with
material originating from a mammal.
Clause 29 Subclause (1) amends the heading to section 66 of the LDC Act
to refer to the new name of the Fund and to better reflect its
content.
Subclause (2) amends section 66(1) of the LDC Act to change the
name of the Bees Compensation Fund to the Honey Bee
Compensation and Industry Development Fund.
Clause 30 Subclause (1) amends the name of the fund in section 67(1) of
the LDC Act to "Honey Bee Compensation and Industry
Development Fund".
Subclause (2) amends section 67(2) of the LDC Act to provide
for payments out of the capital of the Fund for programs and
projects for the development of the apiculture industry to further
those projects and programs.
Clause 31 Subclause (1) substitutes section 79(3) of the LDC Act with new
section 79(3),(3A) and (3B). Section 79(3) of the LDC Act
currently sets out the membership of the Cattle Compensation
Advisory Committee and provides for the appointment of
members by reference to their position in specified industry
organisations.
Proposed section 79(3) provides that the members of the Cattle
Compensation Advisory Committee will be persons representing
the respective livestock industries to be selected from
nominations by prescribed representative persons or bodies.
Proposed section 79(3A) provides that the Minister must select
members from nominees nominated by prescribed persons or
bodies. Proposed section 79(3B) provides that if the list of
nominations is not provided within 30 days of the Minister's
request, the Minister may appoint a suitably qualified and
experienced person.
9
Subclause (2) substitutes section 79(5) of the LDC Act to provide
that Committee vacancies be filled by nominations from
prescribed representative person or bodies rather than by the
existing members. This amendment is appropriate given the
change to the membership of the Committee being made by this
clause of the Bill.
Proposed sections 79(5A), (5B) and (5C) provide detail on the
appointment of acting members and giving power to the Minister
to remove an acting member.
Clause 32 Subclause (1) amends the heading to section 79HA of the LDC
Act to include a reference to goat producers to reflect the
amendment being made by subclause (2).
Subclause (2) substitutes section 79HA(1) of the LDC Act to
include a reference to goats and to remove outdated references to
that Act. This will allow interstate goats producers (in addition
to interstate sheep producers) to apply for a refund out of the
Sheep and Goat Compensation Fund, an amount equivalent to the
duty paid in respect of animals or carcases sold in Victoria.
Subclause (3) substitutes section 79HB(2)(b) of the LDC Act to
insert a reference to goats or carcases of goats and remove
outdated references to that Act.
Clause 33 Subclause (1) substitutes section 79I(3) of the LDC Act with new
section 79I(3), (3A) and (3B).
Proposed section 79I(3) provides that the members of the Sheep
and Goat Compensation Advisory Committee will be persons
representing the respective livestock industries to be selected
from nominations by prescribed representative persons or bodies.
Section 79I(3) of the LDC Act currently sets out the membership
of the Sheep and Goat Compensation Advisory Committee and
provides for the appointment of members by reference to their
positions in specified industry organisations.
Proposed section 79I(3A) provides that the Minister must select
members from nominees nominated by prescribed persons or
bodies. Proposed section 79I(3B) provides that if the list of
nominations is not provided within 30 days of the Minister's
request, the Minister may appoint a suitably qualified and
experienced person.
Subclause (2) substitutes section 79I(5) of the LDC Act to
provide for vacancies in the Committee members to be filled by
nominations from prescribed representative person or bodies
rather than by the existing members. This amendment is
appropriate given the change to the membership of the
10
Committee being made by this clause of the Bill. Proposed
section 79I(5A) and (5B) deal further with appointing acting
members. Proposed section 79I(5C) gives power to the Minister
to remove an acting member.
Clause 34 substitutes section 95(7) of the LDC Act to provide that the
statement required by that section must be provided by the
approved agent to the seller for every sale of cattle and not just
where the agent is purchasing on his or her own behalf.
Clause 35 substitutes section 95A(7) of the LDC Act to provide that the
statement required by that section must be provided by the
approved agent to the seller for every sale of sheep or goats and
not just where the agent is purchasing on his or her own behalf.
Clause 36 substitutes section 95B(7) of the LDC Act to provide that the
statement required by that section must be provided by the
approved agent to the seller for every sale of pigs and not just
where the agent is purchasing on his or her own behalf.
Clause 37 inserts a new subsection (2) in section 102 of the LDC Act to
include a power for the Minister to delegate to the Chief
Veterinary Officer of the Department of Primary Industries, the
power to declare a restricted area or a control area.
Clause 38 subclause (1) repeals subsection (1)(b) of section 107B of the
LDC Act that refers to the keeping and maintaining of records
of applications for property identification numbers and codes
allocated by the Secretary under section 9 of the LDC Act.
This is because keeping these records is duplicated under section
107B(1)(c). Property identification codes are allocated under
section 9B of the LDC Act.
Subclause (2) amends section 107B(1)(c) to refer to "property
identification codes" in line with the new definition of property
identification code inserted by clause 15.
Subclause (3) substitutes paragraph (c) of section 107(3) of the
LDC Act that currently allows release of specified information
where the release is in the "public interest". Subclause (3) inserts
new paragraphs that set out other situations in which the
Secretary may release information.
Subclause (4) omits from section 107B(4) a reference to records
maintained under section 107B(1)(b) which is consequential to
the repeal of Section 107B(1)(b) by clause 38(1).
Subclause (5) inserts new subsections (4A) and (4B) into
section 107B of the LDC Act.
11
Proposed section 107B(4A) provides for the release of records
maintained by the Secretary under section 107B(1) to certain
public servants, inspectors and emergency services agencies for
specific purposes involving emergencies and carrying out
functions under the relevant Acts. The records relate to property
identification applications, property identification codes and
disease notifications, bee registration applications and cattle and
livestock compensation applications.
Proposed section 107B(4B) provides for the release of records
relating to property identification code applications and property
identification codes for the specific purpose of reuniting stray
livestock with its owner.
Clause 39 Subclause (1) inserts new section 108(2AA) into the LDC Act to
provides for the appointment of interstate inspectors under a
corresponding law to be inspectors under the LDCA if there is an
outbreak of a disease other than exotic disease or an emergency
event. A definition of emergency is inserted by clause 15 of the
Bill.
Subclause (2) inserts new section 108(2AB) into the LDC Act to
provide that an interstate inspector may exercise all the powers
and functions of an inspector under Division 3 of Part 8 of the
LDC Act in the event of an emergency.
Subclause (3) amends section 108(3) and (4) of the LDC Act to
provide for interstate inspectors appointed under the proposed
section 108(2AA) to be issued an identification certificate and
ensures that they must produce the certificate on demand in the
course of performing functions under the LDC Act.
Clause 40 amends section 120(1) of the LDC Act to provide that things that
can be seized under section 119 of the LDCA can be destroyed if
the destruction is necessary to control, eradicate or prevent the
spread of an exotic disease. This will replace the current ground
of the destruction being solely to avoid risk to life or property.
Clause 41 provides for the issue of an infringement notice for offences in
substituted section 9B(1) and (6).
Clause 42 inserts new section 137A into the LDC Act, which creates an
offence with a penalty of 10 penalty units for making a false or
misleading statement.
12
Clause 43 amends the regulation making powers in section 139(1) of the
LDC Act.
Subclause (1) amends section 139(1)(a) of the LDC Act to clarify
the regulation making powers relating to the requirements for
introducing livestock into Victoria.
Subclause (2) amends section 139(1)(bd) of the LDC Act to
insert a regulation making power to regulate or prohibit the
removal of tags, marks, brands or other identifying devices.
Subclause (3) inserts a new paragraph (be) in section 139(1) of
the LDC Act to insert a new regulation making power to regulate
the return of used and unused tags, brands or other identifying
devises for the purposes of sections 9 and 9B of the LDC Act.
Subclause (4) inserts a new paragraph (fa) in section 139(1) of
the LDC Act to insert a new regulation making power to
prescribe the persons or bodies who can nominate members for
appointment to the Cattle Compensation Advisory Committee
and the Sheep and Goat Compensation Advisory Committee.
Clause 44 inserts new section 147 into the LDC Act to provide a transitional
provision for money standing to the credit of "Bees
Compensation Fund" so that the money is transferred to the new
Honey Bee Compensation and Industry Development Fund upon
commencement of clause 29 of the Bill.
Clause 45 inserts new section 148 into the LDC Act that is consequential to
the amendments being made by the Bill that relate to the
membership and the appointment of members to the Cattle
Compensation Advisory Committee and the Sheep and Goat
Compensation Advisory Committee. New section 148 provides
for the abolition of the existing committees on commencement of
clauses 31 and 33 of the Bill.
Clause 46 amends the definition of Committee in clause 1 of Schedule 1 to
the LDC Act to substitute the word "Compensation" in place of
"Industry" in paragraph (d) of the definition of Committee.
13
PART 4--AMENDMENTS TO THE PRIMARY INDUSTRIES
LEGISLATION AMENDMENT ACT 2009
Background
The Primary Industries Legislation Amendment Act 2009 (as amended by
the Primary Industries Legislation Further Amendment Act 2009),
amended the VP Act to provide for the implementation in Victoria of the
model for National Recognition of Veterinary Registration (NRVR model)
endorsed by the Primary Industries Ministerial Council in May 2008.
The core feature of the NRVR model is that a veterinary practitioner who is
registered to practise by a veterinary registration authority in a State or
Territory will automatically be deemed to be registered in all other States and
Territories and pay a single annual registration fee to the veterinary
registration authority in the State or Territory in which his or her principal
place of residence is located.
Legislation is required in each State and Territory of the Commonwealth to
give full effect to the NRVR model.
Following further consultation with interstate veterinary registration
authorities, it is apparent that the 2009 amendments need to be revised to
improve implementation of the NRVR model in Victoria in several areas.
Firstly, to provide that an interstate veterinary practitioner, who is deemed to
be registered in Victoria, must apply for registration in Victoria before the
expiry of the registration period in the jurisdiction in which the practitioner
has an interstate right to practise if the practitioner's principal place of
residence will be in Victoria after the expiry of that period and the
practitioner intends to carry on veterinary practice after the expiry of that
period. Secondly, to clarify that a veterinary practitioner with an interstate
right to practise is not required to pay a fee for registration in Victoria if the
practitioner is deemed to be registered in Victoria under section 3A but not
required to apply for registration in Victoria under Part 2 of the VP Act.
Clause 47 Subclause (1) amends section 111 of the Primary Industries
Legislation Amendment Act 2009 so that proposed section
4(1A) of the VP Act will clearly require a veterinary practitioner
with an interstate right to practise to apply for registration in
Victoria before the expiry of the registration period in the
jurisdiction in which the practitioner has an interstate right to
practise if the practitioner's principal place of residence will be
located in Victoria after the expiry of that period and the
practitioner intends to carry on veterinary practice after that
period. Proposed section 4(1A) currently provides that an
application must be made before the expiry of registration in the
jurisdiction in which the practitioner has an interstate right to
practise. Clause 47(2) amends section 111 of the Primary
Industries Legislation Amendment Act 2009 to insert new
14
subsection (1B) after proposed section 4(1A) of the VP Act.
New section 4(1B) expressly provides that a veterinary
practitioner who is deemed to be registered in Victoria under
section 3A, but not required to apply for registration in Victoria
under Part 2 of the VP Act, is not required to pay a fee for
registration in Victoria.
Clause 48 amends section 114 of the Primary Industries Legislation
Amendment Act 2009 to provide that section 12(1) of the
VP Act is amended in relation only to the first reference to
"registration" in that section.
Clause 49 amends section 118 of the Primary Industries Legislation
Amendment Act 2009 so that proposed section 20(1) of the
VP Act provides that a person may make a complaint about the
professional conduct in Victoria of a person who is or was, at the
time the conduct took place, a registered veterinary practitioner.
PART 5--AMENDMENTS TO THE VETERINARY PRACTICE
ACT 1997
Clause 50 amends section 8(3A) of the VP Act to refer to section 45(2A)(e)
instead of section 45(2A)(f). Section 8(3A) provides that the
Veterinary Practitioners Registration Board of Victoria (the
Board) may refuse to grant an application for an endorsement as
a specialist practitioner in circumstances where a formal hearing
panel has made a determination that the applicant is not entitled
to apply for endorsement as a specialist practitioner for a
specified period and the period has not expired. Section 8(3A)
refers to such a determination being made under section
45(2A)(f). There is no paragraph (f) in section 45(2A).
Section 8(3A) should instead refer to a determination under
section 45(2A)(e).
Clause 51 amends section 19 of the VP Act. Section 19 provides that a
registered veterinary practitioner must notify the Board of a
change of an address of the practitioner that appears on the
register within 14 days after that change. There is currently no
penalty for a person who fails to notify the Board. Clause 51(1)
amends section 19 to increase the time within which a person
must notify the Board from 14 days to 28 days. Clause 51(2)
provides a maximum penalty of 10 penalty units for a person who
fails to notify the Board.
15
Clause 52 amends section 21(1) of the VP Act. Section 21(1) provides that
the Board must investigate the professional conduct of a
veterinary practitioner unless the Board has determined that the
complaint is "frivolous or vexatious". If it makes a determination
not to investigate a complaint under section 21(1), it is the
Board's practice to inform the complainant that their complaint
has been determined to be frivolous or vexatious.
Some complainants strongly object to their complaints being
described as frivolous. Clause 52 amends section 21(1) to
substitute "lacking in substance" for "frivolous".
Clause 53 amends section 22(1) of the VP Act. Section 21 provides that the
Board must conduct a preliminary hearing in order to determine
whether or not it is necessary to conduct a formal or informal
hearing into a complaint about a registered veterinary
practitioner. Section 22(1) currently provides that a person or
persons conducting a preliminary investigation may make only
one of three recommendations. They are (i) that the investigation
into the matter should not proceed further (ii) that an informal or
formal hearing should be held into the matter or (iii) that a
preliminary investigation be held under section 25. (Section 25
enables the Board to conduct a preliminary investigation if it
believes the ability of a registered veterinary practitioner to
practise veterinary medicine or surgery may be affected because
of physical or mental ill health, incapacity or alcoholism or drug
dependency). Since it may not always be appropriate to make
only one recommendation, clause 53 amends section 22(1) to
enable a person or persons who have completed a preliminary
investigation into a complaint about a veterinary practitioner to
make any one or more of the recommendations listed in that
section.
Clause 54 substitutes section 62(1)(c) of the VP Act. Section 12(4) of the
of the VP Act provides that the Board is able to refuse to renew
the registration of an applicant for registration who has not
practised within 5 years of the application unless the applicant
undertakes further training approved by the Board. Under
section 38(2) of VP Act if an informal hearing panel finds that a
veterinary practitioner has engaged in unprofessional conduct
that is not of a serious nature it may determine that the
practitioner undertake further education. In each case the Board
needs to be satisfied that the further training or education has
been completed to an acceptable standard. It would normally do
this by making an assessment that is not as structured or as
formal as an examination. Section 62(1)(c) of the VP Act
provides that it is a function of the Board to conduct or arrange
for the conduct of examinations to establish competency on
16
veterinary practice but does not expressly provide for the Board
to asses competence by less formal means. Clause 54 substitutes
section 62(1)(c) to enable the Board to make an assessment of
competence by an examination or other means.
Clause 55 provides for this amending Act to be repealed on 30 November
2013. This does not affect the continuing operation of the
amendments made by the amending Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
17