Animal Health Amendment Regulations 2005
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal Health Act 1995 .
5 September 2005W. J. E. COX
Governor
By His Excellency's Command,
STEVEN KONS
Minister for Primary Industries and Water
These regulations may be cited as the Animal Health Amendment Regulations 2005 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Animal Health Regulations 1996 are referred to as the Principal Regulations.
4. Regulation 5B inserted
After regulation 5A of the Principal Regulations , the following regulation is inserted in Part 2:5B. Vaccination of domestic fowls
(1) A person who owns more than 1 000 fowls must vaccinate the fowls against Newcastle disease.Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.(2) The vaccination must be conducted in a manner determined by the Chief Veterinary Officer.(3) In this regulation –fowl means a domesticated fowl of the genus Gallus.
5. Regulation 10B amended (Person not to sell manufactured animal feed without relevant statement)
Regulation 10B of the Principal Regulations is amended as follows:(a) by omitting from the penalty under subregulation (1) "5" first occurring and substituting "50";(b) by omitting from the penalty under subregulation (2) "5" first occurring and substituting "50";(c) by omitting from the penalty under subregulation (3) "5" first occurring and substituting "50";(d) by omitting from the penalty under subregulation (4) "5" first occurring and substituting "50".
6. Regulation 10C amended (Person not to feed restricted animal material to ruminants)
Regulation 10C of the Principal Regulations is amended as follows:(a) by omitting from the penalty under subregulation (1) "5" first occurring and substituting "100";(b) by omitting from the penalty under subregulation (3) "5" first occurring and substituting "100";(c) by omitting from the penalty under subregulation (4) "5" first occurring and substituting "100".
7. Regulation 10D amended (Producing or packaging animal products )
Regulation 10D of the Principal Regulations is amended as follows:(a) by omitting from the penalty under subregulation (1) "5" first occurring and substituting "50";(b) by omitting from the penalty under subregulation (2) "5" first occurring and substituting "50".
8. Regulation 10F amended (Label or tag not to be removed from bag)
The penalty under regulation 10F of the Principal Regulations is amended by omitting "5" and substituting "20".
9. Regulation 10G amended (Obscuring statement)
The penalty under regulation 10G of the Principal Regulations is amended by omitting "5" and substituting "20".
10. Part 3B inserted
After regulation 10G of the Principal Regulations , the following Part is inserted:PART 3B - Infringement notices10H. Prescribed offences and penalties
(1) For section 91B of the Act –(a) the offences created by the sections of the Act specified in column 1 of Part 1 of Schedule 4 are prescribed offences; and(b) the offences created by the provisions of these regulations specified in column 1 of Part 2 of that Schedule are prescribed offences.(2) For section 91C(c)(iii) of the Act –(a) the penalty specified in column 2 of Schedule 4 in relation to a prescribed offence is the prescribed penalty for that offence for an individual; and(b) the penalty specified in column 3 of that Schedule in relation to a prescribed offence is the prescribed penalty for that offence for a corporation.
11. Schedule 4 inserted
After Schedule 3 to the Principal Regulations , the following Schedule is inserted:SCHEDULE 4 - Prescribed offences and penaltiesPART 1 - Act
Column 1
Section
Column 2
Penalty units – individual
Column 3
Penalty units – body corporate
12
1
5
16(3)
1
3
17(1)
2
10
17(2)
In the case of a List A disease – 2
In the case of any other disease – 1
In the case of a List A disease – 10
In the case of any other disease – 5
17(3)
In the case of a List A disease – 2
In the case of any other disease – 1
In the case of a List A disease – 10
In the case of any other disease – 5
23(1)
2
10
23(2)
1
5
27(1)(a)
2
10
27(1)(b)
2
10
27(2)(a)
2
10
27(2)(b)
2
10
28(1)
1
5
29
1
5
30(1)(a)
1
5
30(1)(b)
1
5
30(2)
1
5
30A
1
5
34
In the case of a List A disease – 2
In the case of any other disease – 1
In the case of a List A disease – 10
In the case of any other disease – 5
38(1)
In the case of a List A disease – 2
In the case of a List B disease – 1
In the case of a List A disease – 10
In the case of a List B disease – 5
41(1)
In the case of a List A disease – 2
In the case of any other disease – 1
In the case of a List A disease – 10
In the case of any other disease – 5
45(1)
In the case of a List A disease – 2
In the case of any other disease – 1
In the case of a List A disease – 10
In the case of any other disease – 5
51(1)
2
10
51A(1)
2
10
51A(2)
In the case of a List A disease – 2
In the case of a List B disease – 1
In the case of a List A disease – 10
In the case of a List B disease – 5
52(1)
In the case of a List A disease – 2
In any other case – 1
In the case of a List A disease – 10
In any other case – 5
52(2)
1
5
52A(3)
2
10
53(4)(a)
2
10
53(4)(b)
2
10
53(5)(a)
1
5
53(5)(b)
1
5
54(1)(a)
2
10
54(1)(b)
2
10
54(1)(c)
2
10
55
1
5
70(2)
2
10
70(3)
1
5
76(1)(a)(i)
1
5
76(1)(a)(ii)
1
5
76(1)(b)
1
5
76(1)(c)
1
5
76(1)(d)
1
5
76(1)(e)
1
5
76(1)(f)
1
5
76(1)(g)
1
5
76(1)(h)
1
5
76(1)(i)
1
5
78(6)
1
5
PART 2 - Regulations
Column 1
Regulation
Column 2
Penalty units – individual
Column 3
Penalty units – body corporate
10B(1)
2
10
10B(2)
2
10
10B(3)
2
10
10B(4)
2
10
10C(1)
2
10
10C(3)
2
10
10C(4)
2
10
10D(1)
2
10
10D(2)
2
10
10F
2
10
10G
2
10
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 14 September 2005
These regulations are administered in the Department of Primary Industries, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Animal Health Regulations 1996 by –(a) requiring certain owners of domestic fowls to vaccinate their fowls against Newcastle disease; and(b) prescribing the offences under the Animal Health Regulations 1996 and the Animal Health Act 1995 in respect of which infringement notices may be issued and the penalties payable in respect of those offences; and(c) increasing the penalties payable for certain offences under the Animal Health Regulations 1996 .