Proposed Amendments for Agricultural Legislation

The Agricultural Legislation Amendment Bill makes various amendments to the following Acts: Agricultural and Veterinary Chemicals (Control of Use) Act 1992; Catchment and Land Protection Act 1994; Dairy Act 2000; Drugs, Poisons and Controlled Substances Act 1981; Farm Debt Mediation Act 2011; the Livestock Disease Control Act 1994; Meat Industry Act 1993; Plant Biosecurity Act 2010; Rural Assistance Schemes Act 2016; Veterinary Practice Act 1997; and the Wildlife Act 1975.

Amendment of Agricultural and Veterinary Chemicals (Control of Use) Act 1992

The Bill modernises authorised officer powers, removes unnecessary barriers to sharing information with other regulators and clarifies requirements for giving notices, making requests and recovery of debts.  This is in order to resolve ambiguity, improve efficiency and the ability for authorised officers to protect public safety, animal health and welfare, the environment and trade.  The Bill expands the definition of a ‘label’ so that the Australian Pesticides and Veterinary Medicines Authority (APVMA) ‘approved label’ will be the applicable standard in most circumstances instead of the label affixed to the chemical product.  The Bill broadens the scope of a destruction notice that may be issued under the Act to allow discretion for alternatives such as recycling, in alignment with government policy for waste and resource recovery. 

Amendment of Catchment and Land Protection Act 1994 

Section 83E of the CLP Act allows an authorised officer to search vehicles for noxious weeds, at any time, without a warrant if the authorised officer believes it is necessary in order to comply with 70A(1) of the Act.  The Bill amends s 83E to enable an authorised officer or police officer, when inspecting a vehicle for noxious weeds, to take photographs and videos of anything found during the search of a vehicle and to inspect and make copies of any document.  The Bill inserts section 85B which requires a person who is the owner of land that is the subject of a land management notice, a priority area notice or a directions notice, to give written notice to the Secretary if they decide to sell or transfer their land.  However, a landowner will only receive notice where they have failed to comply with their duties to take reasonable steps to eradicate or prevent the spread of noxious or prohibited weeks or otherwise needs to take these steps.  

That information will only be shared in limited circumstances, for the purpose of controlling the threat of weeds and pests on land identified that this is necessary to do so, will mean that there is no arbitrary or unlawful interference with the right.  Under section 71, the CLP Act currently requires a person to obtain a permit from the Secretary to buy, sell, possess, display, plant, propagate, import into Victoria or transport noxious weeds in Victoria.  The Bill inserts new s 71(15) which requires a permit for the removal or sale of bedding materials used by animals in primary production.  It further creates an offence to move such materials and other goods that are likely to contain seeds or other parts of noxious weed that are capable of growing.  For persons who want to or are already growing their own food, this may operate to restrict how a person may use their property or interfere with a person’s ability to derive a profit from their property. 

Amendment of Dairy Act 2000 

The Bill clarifies that all public sector employees are subject to the values and principles set out in that Act.  Clause 50 substitutes the definition of 'department' to change an obsolete reference to the Department of Environment and Primary Industries to a reference to the Department of Jobs, Precincts and Regions. Clause 51 reveals the act to remove the exception that persons appointed as officers or employees of Dairy Food Safety Victoria under section 18 are not subject to the Public Administration Act. 

Amendment of Drugs, Poisons and Controlled Substances Act 1981

Part 5 of the Bill relevantly amends the Drugs, Poisons and Controlled Substances Act 1981 (DPCS Act) in relation to the regulation of applications for authorities for activities relating to low-THC cannabis, as well as the renewal, cancellation and suspension of such authorities.  Consequential amendments are made to the existing poppy cultivation and processing licences, renewal, cancellation and suspension provisions to achieve consistency with the modified low-THC cannabis scheme.  The Chief Commissioner of Police (CCP) must inquire and report on matters they believe are appropriate or necessary or that the Secretary requests, and notify the Secretary of their decision to oppose or not oppose the issuing of an authority, and subject to s 69AC(1) (which provides that ‘protected information’ must not be disclosed), provide reasons.  The requirement that an application for an authority or licence be investigated by the Secretary, and or be inquired into by the CCP, may engage an applicant’s right to privacy, as any investigation or inquiry is likely to reveal personal information relating to them. 

Amendment of Farm Debt Mediation Act 2011

Part 6 of the Bill relevantly amends the Farm Debt Mediation Act 2011 (FDM Act) to streamline and harmonise the operation of that Act with other jurisdictions.  The Act requires creditors to offer farmers farm debt mediation before taking enforcement action. Clause 91 of the Bill inserts new s 7A which requires a creditor to hold an exemption certificate prior to taking enforcement action under a farm mortgage.  Cl 92 substitutes new ss 8 and 9 which require creditors to give notice of their intention to take enforcement action, and preserve the right of farmers who initiated farm debt mediation when not in default to be offered the procedure if or when a creditor intends to take enforcement action under a farm mortgage. 

The amendments introduced by the Bill may be seen by creditors to interfere with their right to ‘use and enjoy’ their beneficial interest in mortgaged property by enforcing their interests against a mortgagee farmer in default. 

Amendment of Livestock Disease Control Act 1994

Clause 109 of the Bill substitutes s 9 with new s 9 which prohibits the dispatch, transport, sale, slaughter, processing and moving of non-branded or unidentified cattle, livestock or carcase.  Clause 115 inserts new s 44B which prohibits the sale of ‘exposed cattle or pigs’, being cattle or pigs that have been on, fed or been provided with access to pastures or crops grown on sewerage land.  This new amendments may negatively affect livestock owner's ability to sell their livestock and therefore to ‘enjoy’ their property interests in the livestock, engaging their property rights.  Owners will be precluded from dealing with certain livestock until they have complied with the requirements in the Bill, including requirements to brand and identify livestock, and obtain any relevant approval from the Secretary. 

Amendment of Plant Biosecurity Act 2010

The Bill provides additional support to inspectors when interpreting and applying the requirements of the Plant Biosecurity Act 2010 to prevent the entry and spread of plant pests and diseases in Victoria.  The Bill amends the definition of a plant health declaration to provide a clear power to authorise a person to issue a declaration.  It clarifies circumstances in which an Importation Order can be made to prevent entry of pests and diseases into Victoria; and the notification of relevant persons, and taking of samples, when plants are seized or detained.  It also provides new offences for inappropriate use of plant health documents, and the sale of diseased plants, both of which complement existing offence provisions, and will support the use of Infringement Notices for the offences.  Clause 153 amends s 18 of the PB Act to prohibit the sale of any plant or plant product, other than seeds, that is affected by any disease or pest.

By limiting a person’s ability to deal in affected plants or plant products, the amendments may interfere with their use and enjoyment of the property, engaging their property rights.

Amendment of Rural Assistance Schemes Act 2016

Through this amendment, accountability and administrative efficiency are improved by requiring only the responsible minister of a rural assistance scheme to approve an instrument of delegation as it relates to their portfolio, rather than the lead minister of a department. 

Amendment of Veterinary Practice Act 1997

Part 10 of the Bill amends miscellaneous aspects of the Veterinary Practice Act 1997 (VP Act) relating to the registration of veterinary practitioners, the conduct of investigations and hearings relating to professional conduct and fitness to practice, and governance matters pertaining to the Veterinary Practitioners Registration Board of Victoria (the Board).  Under section 25 of the VP Act, the Board may appoint a person to conduct a preliminary investigation where the ability of a registered veterinary practitioner to practise may be affected because of their physical or mental health, or because the person has an incapacity or severe substance dependence.   This can be seen as an impairment of the right to equality as it could result in unfavourable treatment of persons with a disability. 

Amendment of Wildlife Act 1975

The amendment clarifies who can remain on specified hunting areas at certain times during the duck season.  This is in order to improve public safety on duck hunting wetlands by ensuring people in specified hunting areas during specified times during the duck hunting season hold the relevant game licence.

Amendment of Meat Industry Act 1993

Clause 199 substitutes s 34 to ban the sale or disposal of meat and poultry meat for human consumption, unless the meat is from a consumable animal slaughtered and processed at a licensed or authorised facility, and has been inspected and branded, or certified as fit for human consumption, as the case may be.