Exotic Diseases in Animals Regulation 1998

Queensland Exotic Diseases in Animals Act 1981 Exotic Diseases in Animals Regulation 1998 Current as at 26 June 2015 Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued. Queensland Exotic Diseases in Animals Regulation 1998 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 2 Prescribed animal product and exotic diseases 2 Animal product . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Exotic diseases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 3 Orders Division 1 Protective clothing orders 4 Protective clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2 Prescribed manner and particulars for orders 5 Order to cleanse or disinfect under Act, ss 12 or 19 . . . . . . . . . . 4 6 Other orders under Act, s 12(1)(a)(i) . . . . . . . . . . . . . . . . . . . . . . 5 7 Orders for destruction under Act, s 12(1)(a)(iii) . . . . . . . . . . . . . . 5 8 Orders appointing entry or exit places under Act, s 19(1A)(c) . . . 6 Division 3 Ministerial orders for destruction or removal 9 Prescribed manner for destruction or removal—Act, s 22(1A). . . 6 Part 3A Inspectors 9A Appointment of inspectors—Act, s 19A . . . . . . . . . . . . . . . . . . . . 7 9B Prescribed power of inspector—Act, s 20(1)(r) . . . . . . . . . . . . . . 8 Part 4 Compensation 10 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Notice of application to QCAT . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Schedule Exotic diseases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 1 Index to endnotes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Contents Exotic Diseases in Animals Regulation 1998 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Page 2 [s 1] Exotic Diseases in Animals Regulation 1998 Part 1 Preliminary Exotic Diseases in Animals Regulation 1998 [as amended by all amendments that commenced on or before 26 June 2015] Part 1 Preliminary 1 Short title This regulation may be cited as the Exotic Diseases in Animals Regulation 1998. Part 2 Prescribed animal product and exotic diseases 2 Animal product Animal blood is an animal product for the Act, schedule 2, definition animal product. 3 Exotic diseases Each disease mentioned in the schedule is prescribed for the Act, schedule 2, definition exotic disease. Current as at 26 June 2015 Page 3 [s 4] Exotic Diseases in Animals Regulation 1998 Part 3 Orders Part 3 Orders Division 1 Protective clothing orders 4 Protective clothing (1) This section applies if a person is entering, leaving or moving within infected premises, a restricted area, a standstill zone or a control area. (2) To control, eradicate or prevent the spread of an exotic disease, an inspector may order the person to wear protective outer clothing and footwear that is readily cleansed and disinfected. (3) The person must comply with the order unless the person has a reasonable excuse for not complying with it. Maximum penalty—80 penalty units or 6 months imprisonment. Division 2 Prescribed manner and particulars for orders 5 Order to cleanse or disinfect under Act, ss 12 or 19 (1) This section applies if an inspector gives an order under sections 12(1) or 19(1) of the Act to cleanse or disinfect something. (2) The inspector may give the order either orally or in writing. (3) If the order is written, it must be in the approved form, describe what must be cleansed or disinfected, and state the following— (a) the way the cleansing or disinfection must be done; (b) the nature and concentration of any disinfectant that must be used; Page 4 Current as at 26 June 2015 [s 6] Exotic Diseases in Animals Regulation 1998 Part 3 Orders (c) where the cleansing or disinfection must take place; (d) when the cleansing or disinfection must be finished. (4) If the order is given orally, the inspector must, as soon as practicable after giving the order, confirm the order by written notice given to the person. 6 Other orders under Act, s 12(1)(a)(i) (1) This section applies if an inspector gives an order under section 12(1)(a)(i) of the Act, other than an order to cleanse or disinfect something. (2) The inspector may give the order either orally or in writing. (3) If the order is written, it must be in the approved form and state the following— (a) the name of the person to whom the order is given; (b) the thing that must be done; (c) when the person must comply with the order; (d) if appropriate—how and where the person must comply with the order. (4) If the order is given orally, the inspector must, as soon as practicable after giving the order, confirm the order by written notice given to the person. 7 Orders for destruction under Act, s 12(1)(a)(iii) (1) This section applies if an inspector gives an order under section 12(1)(a)(iii) of the Act to destroy something. (2) The order must be in the approved form, describe what is to be destroyed, and state— (a) the name of the owner of the thing; and (b) how and where the owner must comply with the order; and (c) when the owner must comply with the order. Current as at 26 June 2015 Page 5 [s 8] Exotic Diseases in Animals Regulation 1998 Part 3 Orders 8 Orders appointing entry or exit places under Act, s 19(1A)(c) (1) This section applies if an inspector gives an order under section 19(1A)(c) of the Act. (2) The inspector may give the order either orally or in writing. (3) If the order is written, it must— (a) be in the approved form; and (b) describe the animal, animal carcass, animal product, animal pathogen or biological preparation to which the order relates; and (c) state the— (i) name of the person to whom the order is given; and (ii) appointed place of entry to or exit from the control area. (4) If the order is given orally, the inspector must, as soon as practicable after giving the order, confirm the order by written notice given to the person. Division 3 Ministerial orders for destruction or removal 9 Prescribed manner for destruction or removal—Act, s 22(1A) For section 22(1A) of the Act, the prescribed manner of destruction or removal is any manner under the Australian Veterinary Emergency Plan, Operational Procedures Manual, Destruction of Animals as approved by the Agriculture and Resource Management Council of Australia and New Zealand. Editor’s note— A copy of the manual is available for inspection at the department’s office at 80 Ann Street, Brisbane during office hours. Page 6 Current as at 26 June 2015 [s 9A] Exotic Diseases in Animals Regulation 1998 Part 3A Inspectors Part 3A Inspectors 9A Appointment of inspectors—Act, s 19A (1) Each of the following classes of persons is declared to be an approved class of persons for section 19A of the Act— (a) persons appointed under the Animal Care and Protection Act 2001 as authorised officers or inspectors; (b) authorised persons within the meaning of the Disaster Management Act 2003, section 113; (c) security officers licensed under the Security Providers Act 1993; (d) the following persons who are retired— (i) inspectors of stock; (ii) defence force personnel; (iii) police officers; (iv) veterinary surgeons; (e) persons appointed or otherwise authorised under the law of a place outside the State— (i) to act as an inspector of stock or police officer, or its equivalent, in the place; or (ii) to practise veterinary science in the place; (f) persons who hold a degree or diploma in veterinary science of a university or other body, and who teach veterinary science at a university or veterinary school; (g) veterinary science students; (h) police officers. (2) In this section— defence force personnel means members within the meaning of the Defence Act 1903 (Cwlth). Current as at 26 June 2015 Page 7 [s 9B] Exotic Diseases in Animals Regulation 1998 Part 3A Inspectors Editor’s note— Defence Act 1903 (Cwlth), section 4 (Interpretation)— member—includes any officer, sailor, soldier and airman. inspector of stock means a person appointed as an inspector of stock under the Stock Act 1915. police officer means a police officer appointed under the Police Service Administration Act 1990. veterinary science has the meaning given under the Veterinary Surgeons Act 1936, section 2A. veterinary science student means a person undertaking study to obtain a degree or diploma accredited by the Australasian Veterinary Boards Council Incorporated. veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936. 9B Prescribed power of inspector—Act, s 20(1)(r) (1) This section applies if, under part 2 of the Act, an inspector is treating or testing, or has treated or tested, an animal of the family Equidae for equine influenza. Examples of animals of the family Equidae— horses, ponies, donkeys, mules and zebras (2) The inspector may microchip the animal for the purpose of identifying it. (3) In this section— microchip, the animal, means to attach to or insert into the animal an electronic microchip or other electronic device from which information about the animal is capable of being reproduced. Page 8 Current as at 26 June 2015 [s 10] Exotic Diseases in Animals Regulation 1998 Part 4 Compensation Part 4 Compensation 10 Application An application for compensation under the Act must be in the approved form and made to— (a) the chief executive; or (b) a government veterinary officer; or (c) an inspector. 11 Notice of application to QCAT (1) The Minister must give an applicant for compensation written notice if, under section 33(1) of the Act, the Minister and the applicant can not agree about— (a) the market value of the animal or property; or (b) the appointment of a valuer; or (c) the amount fixed by a valuer as the value of the animal or property. (2) The notice must state— (a) that the applicant may, within 60 days after receiving the notice, apply to QCAT for the market value to be fixed by QCAT; and (b) how to apply. (3) The time for filing an application under section 33(2) of the Act is 60 days after the applicant receives the notice under subsection (1). Current as at 26 June 2015 Page 9 Schedule Exotic Diseases in Animals Regulation 1998 Schedule Exotic diseases section 3 acarine mite (Acarapis woodii) African horse sickness Asian honey bee (Apis cerana) Asian mite (Tropilaelaps clareae) Aujeszky’s disease Australian lyssavirus (including bat lyssavirus) avian influenza virus Borna disease bovine spongiform encephalopathy Braula fly (Braula coeca) brucellosis (due to Brucella abortus) brucellosis (due to Brucella melitensis) classical swine fever contagious bovine pleuropneumonia contagious equine metritis dourine east coast fever Ebola virus encephalitides (tick borne) enzootic abortion of ewes (Chlamydophila abortus) epizootic lymphangitis equine babesiosis equine encephalosis Page 10 Current as at 26 June 2015 Schedule Exotic Diseases in Animals Regulation 1998 equine influenza Getah virus disease glanders haemorrhagic septicaemia heartwater Hendra virus (formerly named equine morbillivirus) infectious bursal disease (hypervirulent form) Japanese encephalitis Jembrana disease lumpy skin disease Maedi-Visna Mediterranean theileriosis (Theileria annulata) Menangle virus (porcine paramyxovirus) Middle Eastern Respiratory Syndrome Nairobi sheep disease Nipah virus peste des petits ruminants porcine epidemic diarrhoea virus porcine reproductive and respiratory syndrome Potomac fever pulmonary adenomatosis Rift Valley fever Schmallenberg virus scrapie screw worm fly sheep pox sheep scab Current as at 26 June 2015 Page 11 Schedule Exotic Diseases in Animals Regulation 1998 small hive beetle (Aethina tumida) surra swine influenza Teschen disease transmissible gastroenteritis transmissible spongiform encephalopathy trichinellosis varroa mite (Varroa destructor) varroa mite (Varroa jacobsonii) Wesselsbron disease Western, Eastern and Venezuelan equine encephalomyelitis Page 12 Current as at 26 June 2015 Endnotes 1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation 5 List of annotations 2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised version num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu m = unnumbered prev = previous Current as at 26 June 2015 Page 13 Endnotes 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. Amendments to Effective Reprint date 1 none 15 May 1998 24 June 1998 1A 1999 SL No. 184 6 August 1999 6 September 1999 Reprint No. Amendments included Effective Notes 1B 2002 SL No. 292 1 November 2002 R1B withdrawn, see R2 2 — 1 November 2002 2A 2007 SL No. 77 4 May 2007 2B 2007 SL No. 234 21 September 2007 2C 2007 SL No. 244 28 September 2007 2D 2009 Act No. 24 1 December 2009 2E 2010 SL No. 120 18 June 2010 2F 2011 SL No. 203 14 October 2011 2G 2012 SL No. 219 17 December 2012 Page 14 Current as at 26 June 2015 Endnotes 4 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Exotic Diseases in Animals Regulation 1998 SL No. 138 made by the Governor in Council on 14 May 1998 notfd gaz 15 May 1998 pp 311–16 commenced on date of notification exp 31 August 2015 (see SIA s 56A(2) and SIR s 3 sch 2 pt 2) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Primary Industries Legislation Amendment Regulation (No. 2) 1999 SL No. 184 ss 1, 15 sch notfd gaz 6 August 1999 pp 1983–4 commenced on date of notification Primary Industries Legislation Amendment Regulation (No. 1) 2002 SL No. 292 pts 1, 3 notfd gaz 1 November 2002 pp 759–62 commenced on date of notification Primary Industries Legislation Amendment Regulation (No. 1) 2007 SL No. 77 pts 1, 5 notfd gaz 4 May 2007 pp 116–7 commenced on date of notification Exotic Diseases in Animals Amendment Regulation (No. 1) 2007 SL No. 234 notfd gaz 21 September 2007 pp 447–9 commenced on date of notification Exotic Diseases in Animals and Other Legislation Amendment Regulation (No. 1) 2007 SL No. 244 pts 1–2 notfd gaz 28 September 2007 pp 595–6 Current as at Amendments included Notes 26 June 2015 2015 SL No. 58 Current as at 26 June 2015 Page 15 Endnotes commenced on date of notification Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 5 pt 23 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Exotic Diseases in Animals Amendment Regulation (No. 1) 2010 SL No. 120 notfd gaz 18 June 2010 pp 529–35 commenced on date of notification Stock and Another Regulation Amendment Regulation (No. 1) 2011 SL No. 203 pts 1–2 notfd gaz 14 October 2011 pp 318–20 commenced on date of notification Exotic Diseases in Animals Amendment and Repeal Regulation (No. 1) 2012 SL No. 219 pts 1–2 notfd gaz 30 November 2012 pp 444–6 ss 1–2 commenced on date of notification remaining provisions commenced 17 December 2012 (see s 2) Exotic Diseases in Animals and Another Regulation Amendment Regulation (No. 1) 2015 SL No. 58 pts 1–2 notfd <www.legislation.qld.gov.au> 26 June 2015 commenced on date of notification 5 List of annotations Animal product s 2 amd 2007 SL No. 77 s 14 Exotic diseases s 3 sub 2002 SL No. 292 s 7 PART 3A—INSPECTORS pt hdg ins 2002 SL No. 292 s 8 Appointment of inspectors—Act, s 19A s 9A ins 2002 SL No. 292 s 8 amd 2007 SL No. 77 s 15; 2007 SL No. 234 s 3 Prescribed power of inspector—Act, s 20(1)(r) s 9B ins 2007 SL No. 244 s 3 Notice of application to QCAT s 11 amd 1999 SL No. 184 s 15 sch sub 2009 Act No. 24 s 481 Page 16 Current as at 26 June 2015 Endnotes PART 5—REPEAL pt hdg exp 16 May 1998 (see s 12(2)) Repeal s 12 exp 16 May 1998 (see s 12(2)) SCHEDULE—EXOTIC DISEASES ins 2002 SL No. 292 s 9 amd 2010 SL No. 120 s 3; 2011 SL No. 203 s 3; 2012 SL No. 219 s 4; 2015 SL No. 58 s 3 © State of Queensland 2015 Authorised by the Parliamentary Counsel Current as at 26 June 2015 Page 17