Victorian Numbered Acts

PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 2010 (NO. 48 OF 2010) - SECT 25

    (1)     For section 16(1) of the Livestock Disease Control Act 1994 substitute —

    "(1)     A person must not test, analyse or undertake any diagnostic examination of any sample or specimen taken from any livestock or livestock product for the purpose of determining whether it is infected with any disease unless—

        (a)     the test, analysis or examination is conducted at premises which have been registered by the Secretary as a veterinary diagnostic laboratory for the testing, analysis or examination of samples or specimens for that disease; or

        (b)     the person is a person or of a class of person approved by the Secretary in a written determination under section 16A(1) and conducts the test, analysis or examination by way of a method approved by the Secretary in that determination for that class of test, analysis or examination and in accordance with any conditions of that determination.

Penalty:     60 penalty units.".

    (2)     After section 16(2) of the Livestock Disease Control Act 1994 insert —

    "(2A)     A person who submits any sample or specimen taken from any livestock or livestock product to a person at premises registered as a veterinary diagnostic laboratory under subsection (1) for the purposes of having the sample or specimen tested, analysed or diagnostically examined to determine whether it is infected with any disease must ensure that the following information accompanies the sample or specimen—

        (a)     the date of submission of the sample or specimen;
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        (b)     the name and address of the owner of the livestock or livestock product;

        (c)     the name and address of the person submitting the sample or specimen;

        (d)     the property identification code identifying the property at which the livestock is kept;

        (e)     the species of livestock;

        (f)     any other prescribed information.

Penalty:     10 penalty units.

    (2B)     A person who has submitted any sample or specimen taken from any livestock or livestock product to another person outside Victoria for the purpose of having that other person test, analyse or undertake any diagnostic examination of the sample or specimen to determine whether it is infected with any disease must, if the results of the testing, analysis or diagnostic examination include a determination that the livestock or livestock product is infected with disease, notify the Secretary in writing of the following within 7 days after receiving the results—

        (a)     the date of submission of the sample or specimen;

        (b)     the name and address of the owner of the livestock or livestock product;

        (c)     the name and address of the person who submitted the sample or specimen;

        (d)     the property identification code identifying the property at which the livestock is kept;

        (e)     the species of livestock;

        (f)     any other prescribed information.

Penalty:     10 penalty units.".

    (3)     After section 16(4) of the Livestock Disease Control Act 1994 insert —

    "(4A)     Subsection (4) does not apply to a veterinary diagnostic laboratory declared in a determination under section 16A(3) to be a small veterinary diagnostic laboratory.".