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Australia, Queensland

Queensland Exotic Diseases in Animals Act 1981

Statute Details
Printable Version
Citation: Exotic diseases in Animals Act 1981



Last Checked by Web Center Staff: 08/2010

Summary:  

An Act to provide for the control, eradication and prevention of exotic diseases in animals, the compensation of owners for loss or destruction of animals and property during outbreaks of exotic diseases, the establishment of an exotic diseases expenses and compensation fund and for related purposes.



Statute in Full:

EXOTIC DISEASES IN ANIMALS ACT 1981 Reprinted as in force on 1 December 2009
Reprint No. 2B

 
TABLE OF PROVISIONS


Contents


     Part 1--Preliminary

     1.      Short title
     5.      Definitions
     6.      Application
     7.      Delegation by Minister and chief inspector

     Part 2--Outbreak of exotic disease


     Division 1--Duties upon discovery of exotic disease

     8.      Immediate notice of and separation of infected or suspected
animal, carcass or animal product

     Division 2--Infected premises

     9.      Infected premises

     Division 3--Restricted area

     10.     Notification of restricted area
     10A.    Restricted movements
     11.     Licence required for restricted movements
     12.     Powers of inspectors to control, eradicate and prevent spread of
exotic disease
     13.     Unauthorised movement of animals etc.
     14.     Entry and exit places
     15.     Check points

     Division 4--Standstill zone

     16.     Notification of standstill zone
     17.     Effect of notification

     Division 5--Control area

     18.     Notification of control area
     19.     Powers of chief inspector and inspectors

     Division 5A--Inspectors

     19A.    Appointment and qualifications
     19B.    Appointment conditions and limit on powers
     19C.    Issue of identity card
     19D.    Production or display of identity card
     19E.    When inspector ceases to hold office
     19F.    Resignation
     19G.    Return of identity card

     Division 6--Powers of inspectors

     20.     General powers of inspectors
     21.     Powers of inspectors to stop, enter and search vehicles etc.

     Division 7--General

     22.     Destruction of animals etc.
     23.     Owners and occupiers to render assistance and furnish information
     24.     Destroying notices etc.
     24A.    No review of particular decision

     Part 3--Compensation and other provisions relating to outbreaks of exotic
diseases


     Division 1--Exotic diseases expenses and compensation fund

     25.     Exotic diseases expenses and compensation fund
     26.     Payments into fund
     27.     Application of fund

     Division 2--Compensation in respect of exotic disease

     28.     Declaration of outbreak of exotic disease
     29.     Compensation
     30.     Claims for compensation
     31.     When no compensation payable
     33.     Mode of valuation
     34.     When title doubtful, Minister may retain compensation or make
payment into court

     Division 3--General

     35.     Sale of stores and equipment
     36.     Closure of account
     37.     Offence

     Part 4--General provisions

     38.     Offences with respect to inspectors and other officers
     39.     Forgery of licence etc.
     40.     Offences generally and penalty
     41.     Indictable and summary offences
     41A.    Proceedings for indictable offence
     41B.    Limitation on who may summarily hear indictable offence
     41C.    Limitation on time for starting summary proceeding
     42.     Liability for offences by corporations
     43.     Liability for offence by agent or employee
     44.     Evidentiary provisions
     45.     Protection of Crown, Minister and officers
     46.     Approval of forms
     47.     Regulation-making power

     Part 5--Transitional provisions

     48.     Transitional provision for Primary Industries Legislation
Amendment Act (No. 2) 1997

     SCHEDULE 1 -- SUBJECT MATTER FOR REGULATIONS

     1.      Officers
     2.      Licences, certificates and authorities
     3.      Diagnosis and treatment of exotic disease
     4.      Cleansing and disinfection etc.
     5.      Destruction of animals etc.
     6.      Seized animals etc.
     7.      Control in certain zones
     8.      Information as to exotic disease
     9.      Roads
     10.     Controlling or prevention of spread of exotic disease
     11.     Requisition of land, services etc.
     12.     Valuations
     13.     Claims for compensation
     16.     Proof of documents

     SCHEDULE 2 -- DICTIONARY


     Endnotes
 
- LONG TITLE
An Act to provide for the control, eradication and prevention of exotic
diseases in animals, the compensation of owners for loss or destruction of
animals and property during outbreaks of exotic diseases, the establishment of
an exotic diseases expenses and compensation fund and for related purposes
 
1 Short title
This Act may be cited as the Exotic Diseases in Animals Act 1981.
 
5 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
 
6 Application
This Act does not prejudice or affect in any way the operation of the Stock Act
1915.
 
7 Delegation by Minister and chief inspector
(1) The Minister may delegate the Minister's powers under part 2 (other than
sections 12(4), 17(3), 19(4), 20(6) and (6A) and 22(3)).
(2) The chief inspector may delegate the chief inspector's powers under this
Act to a government veterinary officer.
 
8 Immediate notice of and separation of infected or suspected animal, carcass
or animal product
(1) Every person having in his or her possession or under his or her charge an
infected or suspected animal, carcass or animal product shall--
     (a) as soon as possible after becoming aware of the existence of the
     infected or suspected animal, carcass or animal product give notice
     thereof to the nearest inspector or the chief inspector by the
     quickest means of communication available to the person; and
     (b) as far as practicable keep that animal, carcass or animal product
     separate from animals, carcasses or animal products not so infected
     or suspected.
(1A) However, if notice of the existence of an infected or suspected animal,
carcass or animal product has already been given to an inspector or the chief
inspector as prescribed, subsection (1)(a) shall not require further notice
thereof to be given.
(2) Every veterinary surgeon within the meaning of the Veterinary Surgeons Act
1936 who diagnoses or suspects an exotic disease in any animal, carcass or
animal product shall, as soon as possible after making that diagnosis or
forming the suspicion, give notice of the diagnosis or suspicion to the nearest
government veterinary officer by the quickest means of communication available
to the veterinary surgeon.
 
9 Infected premises
(1) An inspector, on being satisfied that an exotic disease or animal pathogen
is or is suspected to be present in any area, shall forthwith define the
boundaries of the area in question and place it in quarantine by giving written
notice to the owner.
(1A) On placing an area in quarantine the inspector shall cause to be affixed
in such place or places as the inspector considers appropriate a notice that
the area is in quarantine.
(1B) Subject to subsection (2), such quarantine shall continue--
     (a) for a period of 96 hours from the giving of the notice; or
     (b) until revoked by the Minister;
whichever shall first occur.
(2) Where an area has been placed in quarantine pursuant to subsection (1) the
Minister may extend the period of quarantine by written notice given to the
owner for such time as is specified in the notice.
(2A) Notice of extension of quarantine shall be affixed in such place or places
as the Minister considers appropriate.
(3) Except with the permission of an inspector, a person shall not--
     (a) enter or leave infected premises;
     (b) cause, suffer, permit or allow any other person to enter or leave
     infected premises;
     (c) bring, remove or cause, suffer, permit or allow any other person
     to bring or remove any animal, carcass, animal product, animal
     pathogen, biological preparation or property into or from infected
     premises;
     (d) fail to close and secure against its being opened by any animal,
     any gate or door erected on the boundary of infected premises.
Maximum penalty--2000 penalty units or 2 years imprisonment.
 
10 Notification of restricted area
(1) The Minister may, by notification, notify any area therein described to be
a restricted area in respect of any exotic disease specified in the
notification.
(2) Such notification may specify the species or class of animal or animals to
which the notification shall apply.
(3) The Minister may exercise the power conferred on the Minister by this
section notwithstanding that at the time of the exercise it has not been
confirmed that the exotic disease is present within that area if, in the
opinion of the chief inspector, there is a real possibility that the disease is
present within or has been or may be introduced into the area from elsewhere.
(4) A notification under this section is subordinate legislation.
 
10A Restricted movements
(1) After the notification of a restricted area, the Minister may, by notice,
declare that the movement of any of the following within, into or out of the
restricted area is restricted--
     (a) all persons or particular classes of persons;
     (b) all animals or particular classes or species of animals;
     (c) carcasses or animal products of all animals or particular classes
     or species of animals;
     (d) all or particular kinds of animal pathogens or biological
     preparations;
     (e) all or particular kinds of fittings or fodders;
     (f) all or particular kinds of vehicles or vessels;
     (g) any other property or thing that is likely to spread, or is
     capable of spreading, an exotic disease.
(2) A notice under subsection (1) is subordinate legislation.
 
11 Licence required for restricted movements
(1) A person, other than an inspector, must not make, cause or allow a
restricted movement for a restricted area unless the person--
     (a) holds a licence, in the approved form, from an inspector for the
     movement; and
     (b) complies with any conditions stated on the licence.
Maximum penalty--2000 penalty units or 2 years imprisonment.
(2) A licence issued under this section may be subject to such conditions and
be effective for such period endorsed thereon as the inspector thinks
appropriate.
(3) An inspector may at any time revoke a licence issued under this section and
upon demand by an inspector the holder shall deliver forthwith to the inspector
the revoked licence.
(4) Upon demand by an inspector, the holder of a licence under this section
shall produce forthwith the licence for inspection.
 
12 Powers of inspectors to control, eradicate and prevent spread of exotic
disease
(1) An inspector, if the inspector is of the opinion that it is necessary or
expedient for the purpose of controlling, eradicating or preventing the spread
of an exotic disease specified in a notification, may--
     (a) order--
          (i) any person entering, leaving or moving within a
          restricted area to do such things, including the cleansing
          and disinfection of anything or property and parts of the
          person's body as the inspector considers necessary; or
          (ii) the cleansing and disinfection of any article, thing
          or property and the disinfection of any animal product,
          animal pathogen or biological preparation by the owner
          thereof in a restricted area; or
          (iii) within a time specified therein the destruction by an
          owner of any infected animal or any animal product thereof
          or any carcass or any articles or things used in connection
          with such animal, animal product or carcass, or any animal
          pathogen, biological preparation or any infected or
          suspected pasture or fodder or anything whatsoever the
          destruction of which is, in the inspector's opinion,
          necessary; and
     (b) cleanse and disinfect or cause to be cleansed or disinfected any
     article, thing or property and disinfect or cause to be disinfected
     any animal product, animal pathogen or biological preparation in a
     restricted area; and
     (c) destroy any of the following in a restricted area--
          (i) an infected animal, animal product or carcass;
          (ii) any thing used in connection with the infected animal,
          animal product or carcass;
          (iii) an animal pathogen or biological preparation;
          (iv) infected or suspected pasture or fodder;
          (v) any other thing the inspector reasonably believes may
          be infected.
(1A) An order under subsection (1)(a) shall be made in the prescribed manner
and contain the prescribed particulars.
(2) Any person who fails to obey an order made under subsection (1)(a)(i) may
be restrained by an inspector from entering, leaving or moving within the
restricted area until that person has complied with the order to the
satisfaction of the inspector.
(2A) For the purpose of restraining that person an inspector may call to the
inspector's aid any other person for assistance and may use such force as he or
she considers reasonable in the circumstances.
(3) Upon a failure in any respect to comply to the satisfaction of an inspector
with the requirements of an order made under subsection (1)(a)(iii), the chief
inspector may direct in writing an inspector to cause to be done that which is
required by the order and to do all such things as the inspector may consider
necessary to carry out the requirements of the order or such of the
requirements as have not been complied with to the satisfaction of an
inspector.
(4) All reasonable costs incurred by an inspector acting pursuant to a
direction under subsection (3) may, at the discretion of the Minister, be a
charge against the owner to whom the order had been directed and if not duly
paid by the owner shall constitute a debt due and owing by the owner to the
Crown and may be recovered from the owner as a debt in any court of competent
jurisdiction.
 
13 Unauthorised movement of animals etc.
(1) Any animal, carcass, animal product, animal pathogen, biological
preparation, article or thing moved into, within, through or out of a
restricted area in contravention of any provision prescribed in this Act may be
seized and detained by an inspector and on the order of the Minister destroyed
and such destruction shall be carried out at such place, in such manner and at
such time as directed by the Minister.
(2) Any animal, carcass, animal product, animal pathogen, biological
preparation, article or thing so destroyed shall be disposed of as directed by
an inspector.
 
14 Entry and exit places
(1) The chief inspector may at any time by notification appoint places on or
near the boundaries of a restricted area to be places for the entry into or
exit from that area.
(2) Where the chief inspector has appointed a place of entry or exit pursuant
to subsection (1), a person, unless otherwise authorised in writing by the
chief inspector, shall not--
     (a) enter or leave the area; or
     (b) move any animal, carcass, animal product, animal pathogen,
     biological preparation, property, vehicle or vessel or any fodder or
     thing likely to spread the exotic disease specified in the
     notification of that restricted area into or out of the area;
at a place other than a place so appointed.
Maximum penalty--2000 penalty units or 2 years imprisonment.
(3) A person, other than an authorised person for the place of entry or exit,
must not pass through the place unless the person--
     (a) stops and--
          (i) if the movement is a restricted movement for the
          restricted area--produces, for inspection by the authorised
          person, a licence mentioned in section 11 for the movement;
          or
          (ii) otherwise--gives the authorised person enough
          information to reasonably satisfy the authorised person
          that the movement is not a restricted movement for the
          restricted area; and
     (b) obtains permission from the authorised person to pass through the
     place.
Maximum penalty--1000 penalty units or 1 year's imprisonment.
(4) A notification under this section is subordinate legislation.
 
15 Check points
(1) Whenever the chief inspector deems it necessary for the purpose of
preventing or checking the spread of an exotic disease in a restricted area the
chief inspector may establish and maintain a check point or check points within
the restricted area.
(2) A person, other than an authorised person for the check point, must not
pass through the check point unless the person--
     (a) stops and--
          (i) if the movement is a restricted movement for the
          restricted area--produces, for inspection by the authorised
          person, a licence mentioned in section 11 for the movement;
          or
          (ii) otherwise--gives the authorised person enough
          information to reasonably satisfy the authorised person
          that the movement is not a restricted movement for the
          restricted area; and
     (b) obtains permission from the authorised person to pass through the
     check point.
Maximum penalty--1000 penalty units or 1 year's imprisonment.
 
16 Notification of standstill zone
(1) The Minister may, by notification, notify any area therein described to be
a standstill zone in respect of an exotic disease specified in the
notification.
(2) Such notification shall specify the species or class of animal or animals
and the category, class or type of carcass, animal product, biological
preparation, property, vehicle or vessel to which the notification shall apply.
(3) The Minister may exercise the power conferred on the Minister by this
section notwithstanding that at the time of the exercise it has not been
confirmed that the exotic disease is present within that zone if, in the
opinion of the chief inspector, there is a real possibility that the disease is
present within or has been or may be introduced into the zone from elsewhere.
(4) A notification under this section is subordinate legislation.
 
17 Effect of notification
(1) Notwithstanding that a licence may have been issued under section 11, for
so long as a standstill zone continues a person must not, without an
inspector's written approval, move or cause, suffer, permit or allow any other
person to move any animal of a species or class specified in the notification
notifying such zone or any animal pathogen thereof, or any carcass, animal
product, biological preparation, property, vehicle or vessel of a category,
class or type specified in the notification, or any article or thing likely to
spread the exotic disease specified in the notification from a holding or
premises within the standstill zone to any other place either within or outside
the boundaries of the standstill zone or from any place outside the boundaries
of the standstill zone into the standstill zone.
Maximum penalty--2000 penalty units or 2 years imprisonment.
(1A) An inspector may give an approval mentioned in subsection (1) only if the
inspector considers it necessary to give the approval in the interests of
public health or safety, or the health or wellbeing of an animal.
(2) An inspector who, on reasonable grounds suspects that any animal, carcass,
animal product, animal pathogen, biological preparation, property, vehicle,
vessel or article or thing has been moved in contravention of subsection (1)
may without any authority other than this subsection, seize or impound that
animal, carcass, animal product, animal pathogen, biological preparation,
property, vehicle, vessel, article or thing.
(2A) The inspector shall forthwith notify the chief inspector of such seizure
or impounding.
(2B) Notwithstanding that a notification of a standstill zone may have been
sooner revoked, any animal, carcass, animal product, animal pathogen,
biological preparation, property, vehicle, vessel, article or thing so seized
or impounded which is not diseased shall, after the expiration of 7 days from
the date of the seizure or impounding, if not sooner claimed and duly released,
be sold, destroyed or otherwise disposed of as the Minister directs.
(3) All reasonable costs incurred by an inspector in the seizure or impounding,
sale, destruction or other disposal of any animal, carcass, animal product,
animal pathogen, biological preparation, property, vehicle, vessel, article or
thing pursuant to this section may, at the discretion of the Minister, be a
charge against the owner thereof and if not duly paid shall constitute a debt
due and owing to the Crown and may be recovered as a debt in any court of
competent jurisdiction.
 
18 Notification of control area
(1) The Minister may by notification, notify any area therein described to be a
control area in respect of any exotic disease specified in the notification.
(2) Such notification shall specify the species or class of animal or animals
to which the notification shall apply.
(3) The Minister may exercise the powers conferred on the Minister by this
section notwithstanding that at the time of the exercise it has not been
confirmed that the exotic disease is present within that area or any other area
of the State.
(4) A notification under this section is subordinate legislation.
 
19 Powers of chief inspector and inspectors
(1) The chief inspector with respect to a control area or any part of the area
may, by public notice--
     (a) prohibit, regulate or control the exposure of animals of a
     species or class specified in the notice in markets, fairs, shows,
     parades, race meetings or saleyards or other public or private
     places, where animals are commonly exposed for sale, exhibition,
     parades, race meetings or any other form of recreation or competition
     and the placing thereof in stalls or other places adjacent to or
     connected with markets, fairs, shows, parade grounds, racecourses or
     any other place where animals are commonly placed before exposure for
     sale, exhibition, racing or any other recreation or competition;
     (b) prohibit, regulate or control the movement of animals of a
     species or class specified in the notice or of any animal product,
     animal pathogen or biological preparation thereof or therefrom;
     (c) prohibit, regulate or control the holding of markets, fairs,
     sales, shows, parades, race meetings or any other gathering or
     competition involving animals of a species or class specified in the
     notice;
     (d) order the cleansing and disinfection of places used for the
     holding of markets, fairs, sales, shows, parades, race meetings or
     other gatherings or competitions involving animals of a species or
     class specified in the notice;
     (e) order the cleansing and disinfection of any article, thing,
     property, vehicle or vessel used for carrying or confining animals of
     a species or class specified in the notice;
     (f) order that any animal or animal carcass of a species or class
     specified in the notice or any animal product, animal pathogen or
     biological preparation thereof or therefrom moved into or out of the
     area or the part specified shall pass through a place or places of
     entry or exit appointed in the notice on or near the boundary or
     boundaries of the area or within the area.
(1A) An inspector within a control area may order--
     (a) the cleansing and disinfection of any place used for the holding
     of a market, fair, sale, show, parade, race meeting or other
     gathering or competition involving animals of a species or class
     specified in the notification of the control area;
     (b) the cleansing and disinfection of any article, thing, property,
     vehicle or vessel used for carrying or confining animals of species
     or class specified in the notification of the control area;
     (c) that any animal or animal carcass of a species or class specified
     in the notification of the control area or any animal product, animal
     pathogen or biological preparation thereof or therefrom moved into or
     out of the area or part thereof shall pass through a place or places
     of entry or exit appointed in the order on or near the boundary or
     boundaries of the area or within the area.
(1B) An order under subsection (1A) shall be made in the prescribed manner and
contain the prescribed particulars.
(2) A person shall not contravene or fail to comply with the provisions of any
public notice made by the chief inspector under subsection (1) or of any order
made by an inspector pursuant to subsection (1A).
Maximum penalty--400 penalty units.
(3) Upon a contravention of or failure in any respect to comply with any
provision of a public notice made by the chief inspector under subsection (1)
or of any order made by an inspector pursuant to subsection (1A), the chief
inspector may direct in writing an inspector to cause to be done that which is
required by the notice or the order.
(4) All reasonable costs incurred by an inspector acting pursuant to a
direction under subsection (3) may, at the Minister's discretion, be a charge
against the person who contravened or failed to comply with the provision of
the public notice or of the order referred to in subsection (3) and if not duly
paid by the person shall constitute a debt due and owing by the person to the
Crown and may be recovered from the person as a debt in any court of competent
jurisdiction.
(5) In this section--
public notice means a notice published in a newspaper, or broadcast on radio or
television, and likely to be read or received by people in the control area, or
the part of the area, to which the notice relates.
 
19A Appointment and qualifications
(1) The chief executive may appoint any of the following persons as an
inspector--
     (a) a public service officer or employee;
     (b) an employee of the Commonwealth or another State;
     (c) an employee of a local government;
     (d) a veterinary surgeon under the Veterinary Surgeons Act 1936;
     (e) an individual included in a class of persons declared under a
     regulation to be an approved class of persons for this section.
(2) However, the chief executive may appoint a person as an inspector only if
the chief executive is satisfied the person is qualified for appointment
because the person has the necessary expertise or experience.
 
19B Appointment conditions and limit on powers
(1) An inspector holds office on any conditions stated in--
     (a) the inspector's instrument of appointment; or
     (b) a signed notice given to the inspector; or
     (c) a regulation.
(2) The instrument of appointment, a signed notice given to the inspector or a
regulation may limit the inspector's powers under this Act.
(3) In this section--
signed notice means a notice signed by the chief executive.
 
19C Issue of identity card
(1) The chief executive must issue an identity card to each inspector.
(2) The identity card must--
     (a) contain a recent photo of the inspector; and
     (b) contain a copy of the inspector's signature; and
     (c) identify the person as an inspector under this Act; and
     (d) state an expiry date for the card.
(3) This section does not prevent the issue of a single identity card to a
person for this Act and other purposes.
 
19D Production or display of identity card
(1) In exercising a power under this Act in relation to a person, an inspector
must--
     (a) produce the inspector's identity card for the person's inspection
     before exercising the power; or
     (b) have the identity card displayed so it is clearly visible to the
     person when exercising the power.
(2) However, if it is not practicable to comply with subsection (1), the
inspector must--
     (a) produce the inspector's instrument of appointment for the
     person's inspection before exercising the power; or
     (b) produce the identity card for the person's inspection at the
     first reasonable opportunity.
(3) For subsection (1), an inspector does not exercise a power in relation to a
person only because the inspector--
     (a) has entered a place that is a public place and entry is made when
     it is open to the public; or
     (b) for the purpose of asking the occupier of a place for consent to
     enter--
          (i) enters land around premises at the place to an extent
          that is reasonable to contact the occupier; or
          (ii) enters part of the place the inspector reasonably
          considers members of the public ordinarily are allowed to
          enter when they wish to contact the occupier.
 
19E When inspector ceases to hold office
(1) An inspector ceases to hold office if any of the following happens--
     (a) the term of office stated in a condition of office ends;
     (b) under another condition of office, the inspector ceases to hold
     office;
     (c) the inspector's resignation under section 19F takes effect.
(2) Subsection (1) does not limit the ways an inspector may cease to hold
office.
(3) In this section--
condition of office means a condition on which the inspector holds office.
 
19F Resignation
(1) An inspector may resign by signed notice given to the chief executive.
(2) However, if holding office as an inspector is a condition of the inspector
holding another office, the inspector may not resign as an inspector without
resigning from the other office.
 
19G Return of identity card
A person who ceases to be an inspector must return the person's identity card
to the chief executive within 21 days after ceasing to be an inspector unless
the person has a reasonable excuse.
Maximum penalty--20 penalty units.
 
20 General powers of inspectors
(1) For the purposes of this part, an inspector, in addition to the inspector's
powers under the Stock Act 1915, at any time with or without assistants and
with such vehicles or vessels, equipment, disinfectant, tools and stores as the
inspector may consider necessary for the proper discharge of the inspector's
duties under this Act--
     (a) may enter any premises, holding or place;
     (b) may inspect any premises, holding or place in or on which the
     inspector suspects on reasonable grounds any animal, carcass, animal
     product, animal pathogen, biological preparation, article, thing or
     property is infected;
     (c) may inspect, examine, test and treat for exotic disease any
     animal, carcass, animal product, animal pathogen or biological
     preparation and for that purpose may stop or order to be stopped the
     movement of any animal, carcass, animal product, animal pathogen or
     biological preparation;
     (d) may count animals in or upon any premises or holding and inspect
     any records kept in relation to those animals;
     (e) may destroy any animal which is or which the inspector suspects
     on reasonable grounds to be infected with rabies;
     (f) may impound or quarantine any animal which, in the inspector's
     opinion, is or is suspected to be infected or where, in the
     inspector's opinion, there is a risk of the animal going or straying
     to or coming into contact with any animal free from exotic disease;
     (g) may impound or detain any animal product, carcass, animal
     pathogen, biological preparation or fodder which in the inspector's
     opinion is or is suspected to be infected;
     (h) may search for, bait, trap or destroy vectors of exotic disease;
     Example of destroying a vector of exotic disease--
     killing the vector by poisoning it
     (i) may question any person to ascertain whether this part is being
     complied with and require a person to answer the question put;
     (j) may require a person to produce forthwith to the inspector any
     licence, approval, permit or other authority under this part granted
     or issued to that person or alleged by that person to have been
     granted or issued to the person or any book, record, waybill, receipt
     or other document and may inspect, examine and make copies of or take
     extracts from any licence, approval, permit or authority or any book,
     record, waybill, receipt or other document;
     (k) may ask anyone the inspector thinks can help, to help the
     inspector exercise the powers or perform the functions;
     (l) may search any premises or holding if the inspector suspects on
     reasonable grounds that an offence against this Act has been or is
     being committed and there is likely to be therein or thereon any
     animal, animal product, animal pathogen, carcass, biological
     preparation or fodder or any article or thing of any kind with
     respect to which that offence was or is being committed or that will
     afford evidence as to the commission of that offence, and may break
     open and search every box, receptacle or package of any kind in or
     upon those premises or that holding;
     (m) may seize and detain any animal, animal product, animal pathogen,
     carcass, biological preparation or fodder or any article or thing of
     any kind in respect of which an offence against this Act has been or
     is being committed or in respect of which he suspects on reasonable
     grounds that such an offence has been or is being committed, or that
     the inspector believes will afford evidence as to the commission of
     that offence;
     (n) may remove or cause to be removed any animal, animal product,
     carcass, article, thing, animal pathogen, biological preparation,
     fodder or thing to any other place;
     (o) may use such force as is reasonably necessary in the exercise of
     the powers and functions conferred or imposed upon the inspector by
     this part;
     (p) may order an owner to--
          (i) muster any animals including cattle, horses, sheep,
          goats, donkeys, mules, domesticated deer, camels and
          buffaloes and confine them within stockproof yards or other
          escape proof enclosures approved by the inspector;
          (ii) confine any swine within sties or other approved
          escape proof enclosures;
          (iii) confine any poultry within netted yards or other
          approved escape proof enclosures;
          (iv) confine any dogs within approved premises or other
          escape proof enclosures or otherwise secure them with
          collars and chains or leashes, and if considered necessary
          by the inspector, keep such dogs muzzled at all times other
          than when being fed;
          (v) confine any cats, birds or other small domestic pets
          within approved cages or other escape proof enclosures;
          (vi) present any animal carcass, animal product, animal
          pathogen or biological preparation for inspection,
          treatment or testing as, when and where required by an
          inspector or to remove any animal to a place suitable for
          such inspection, treatment or testing;
          (vii) hunt and destroy undomesticated animals specified in
          the order and for the purposes of such hunting and
          destruction the provisions of the Nature Conservation Act
          1992 shall be deemed not to apply;
          (viii) hold for testing, treat or cause to be treated
          animals to the inspector's satisfaction;
     (q) may, by order in writing, require a person who has failed to
     comply with this part to take within such time as is specified such
     steps as are specified and to remedy those matters in respect of
     which noncompliance has occurred;
     (r) may exercise such other powers and functions as are prescribed.
(1A) An order pursuant to subsection (1)(p) or (q)--
     (a) shall be in the approved form;
     (b) shall not prejudice or affect in any way any proceeding or action
     that has been or may be taken for the failure to comply that resulted
     in the order, save that the person to whom the order is given is not
     liable for a continuance of the failure to comply during the time
     specified therein.
(2) Before an inspector enters a part of any premises which part is used
exclusively as a dwelling house the inspector shall, save where the inspector
has the permission of the occupier of that part to enter, obtain from a justice
a warrant to enter.
(2A) A justice who is satisfied upon the complaint of an inspector that there
is reasonable cause to suspect--
     (a) that in any place an offence against this Act has been, is being
     or is likely to be committed;
     (b) that there is in any place anything in respect of which an
     offence against this Act has been, is being or is likely to be
     committed;
     (c) that any animal, carcass, animal product, animal pathogen,
     biological preparation, article, thing or property that is infected
     is on any premises;
may issue a warrant directed to the inspector to enter the place named in the
warrant for the purpose of exercising therein the powers conferred upon an
inspector under this Act.
(2B) A warrant shall be, for the period of 1 month from the date of its issue,
sufficient authority for the inspector and all persons acting in aid of the
inspector--
     (a) to enter the place specified in the warrant; and
     (b) to exercise therein the powers conferred upon an inspector by or
     under this Act.
(2C) In subsection (2) premises that are used as a dwelling house do not
include the curtilage of those premises.
(3) For the purpose of gaining entry to any premises, holding or place an
inspector may call to the inspector's aid such persons as the inspector thinks
necessary and those persons, while acting in aid of an inspector in the lawful
exercise by the inspector of the inspector's power of entry, shall have a like
power of entry.
(4) For the purpose of testing any animal, animal product, animal pathogen,
carcass, biological preparation, fodder or soil pursuant to this Act an
inspector may take specimens of any part of the animal, animal product, animal
pathogen, carcass, biological preparation, fodder or soil or of internal or
external parasites in or on the animal or carcass as the inspector requires.
(5) An inspector who, pursuant to subsection (1)(e), destroys any animal shall
forthwith give notice of that fact to the chief inspector.
(6) For the purposes of subsection (1)(p), an inspector may--
     (a) order the owner of any holding to repair any premises, yards,
     sties, pens, cages, enclosures or fencing on such holding or to
     render them escape proof to animals to the satisfaction of an
     inspector;
     (b) upon the authority of the Minister, order the owner of any
     holding to erect premises, yards, sties, pens, cages, enclosures or
     fencing in any place upon such holding as the inspector may determine
     for the purpose of confining any animals ordered to be confined
     therein.
(6A) If the owner of a holding fails to obey such an order of an inspector
within the time stated therein, the chief inspector may direct in writing an
inspector to cause to be done that which is required by the order and all
reasonable costs involved in carrying out such work may, at the Minister's
discretion, be a charge against the owner of the holding and if not duly paid
shall constitute a debt due and owing to the Crown and may be recovered as a
debt in any court of competent jurisdiction.
(7) Any animal, carcass, animal product, animal pathogen, biological
preparation, property, vehicle, vessel, article or thing seized or impounded
under this section which is not infected shall if not required as evidence in
any proceeding for an offence against this Act, be released, sold, destroyed or
otherwise disposed of as the Minister directs.
 
21 Powers of inspectors to stop, enter and search vehicles etc.
(1) At any place on or near a boundary of or within a infected premises,
restricted area, standstill zone or control area, an inspector may display a
traffic sign requiring vehicles or vessels to stop so as to be clearly visible
to the driver or person in charge of a vehicle or, as the case may be, vessel
approaching that place.
(1A) In subsection (1)--
place includes road whether public or otherwise.
(2) The driver or person in charge of a vehicle or vessel approaching towards a
traffic sign displayed shall stop or cause the vehicle or vessel to be stopped
within a reasonable distance of the sign and keep the vehicle or vessel
stationary for the purpose of enabling an inspector to exercise the powers
conferred upon the inspector by this Act.
(3) An inspector may, upon production of evidence of the inspector's
appointment, if demanded, enter any vehicle or vessel stopped pursuant to this
section and may search and inspect it and open any part of it or require the
driver or person in charge of the vehicle or vessel to open any part of it for
the purpose of ascertaining whether the vehicle, vessel or part thereof or any
animal, carcass, animal product, animal pathogen, biological preparation,
property or any fodder or any article or thing therein or thereon is infected
with exotic disease or is or apparently is being or has been conveyed with, in
or by such vehicle or vessel contrary to any provision of this Act or any
notification, notice, licence or permit issued or granted under or pursuant to
this Act.
(4) An inspector so entering, searching or inspecting may take specimens, open
containers, packages or other things in or on the vehicle or vessel and do such
other things as the inspector may consider necessary or expedient for the
purpose of preventing the importation, introduction, transmission or spread of
exotic disease or thing likely to cause exotic disease into, within or out of
any infected premises, restricted area, standstill zone or control area.
 
22 Destruction of animals etc.
(1) The Minister may order the destruction of any infected or suspected animal
or any animal product thereof or any carcass, or any articles or things used in
connection with such animal, animal product or carcass or any infected or
suspected pasture or fodder or the removal or destruction of animal pathogen or
biological preparation whenever in the Minister's opinion such destruction or
removal would tend to prevent the spread of exotic disease.
(1A) Every animal, animal product, carcass, article and thing ordered to be
destroyed and animal pathogen or biological preparation ordered to be removed
or destroyed shall be destroyed or, as the case may be, removed in the manner
prescribed.
(2) Upon a failure in any respect to comply with the requirements of an order
made under subsection (1) and without prejudice to any proceedings which may be
taken upon such a failure the Minister may, at any time after the time
specified in the order, direct in writing an inspector to cause to be destroyed
that animal, animal product, carcass, article or thing, animal pathogen or
biological preparation, pasture or fodder specified in the order.
(2A) For the purpose of such destruction the inspector may, if the inspector
thinks fit, remove or cause to be removed any animal, animal product, carcass,
article or thing, animal pathogen or biological preparation or fodder to any
other place.
(3) All reasonable costs incurred by an inspector acting pursuant to a
direction under subsection (2) may, at the Minister's discretion, be a charge
against the person who contravened or failed to comply with the provision of
the order referred to in that subsection and if not duly paid by the person
shall constitute a debt due and owing by the person to the Crown and may be
recovered from the person as a debt in any court of competent jurisdiction.
(4) For subsection (1), an animal is taken to be suspected if--
     (a) the animal is an animal that is a host for an exotic disease or
     animal pathogen present, or suspected to be present, at an infected
     premises; and
     (b) the chief inspector reasonably believes it is necessary to
     destroy the animal to prevent or control the spread of the exotic
     disease or animal pathogen, having regard to--
          (i) the animal's proximity to the infected premises; and
          (ii) the ability of the disease or animal pathogen to
          spread and the way in which it spreads.
 
23 Owners and occupiers to render assistance and furnish information
The owner or occupier of any premises or holding and a person in charge or
apparently in charge of any premises, holding, vehicle, vessel or other means
of transport shall render all reasonable assistance and furnish all such
information to an inspector which the person is capable of furnishing or as
required by the inspector with respect to the exercise of the inspector's
powers and the discharge of the inspector's duties under this part.
 
24 Destroying notices etc.
Unless authorised by the Minister or an inspector, a person shall not demolish,
destroy, pull down, erase, remove, deface or in any way damage or interfere
with any notice or sign fixed, posted or placed pursuant to this Act.
 
24A No review of particular decision
(1) This section applies to a decision of the Minister, under section 22, to
order--
     (a) the destruction of an animal, animal product, carcass or other
     thing; or
     (b) the removal or destruction of an animal pathogen or biological
     preparation.
(2) The decision--
     (a) is final and conclusive; and
     (b) can not be challenged, appealed against, reviewed, quashed, set
     aside, or called in question in another way, under the Judicial
     Review Act 1991 or otherwise (whether by the Supreme Court, another
     court, a tribunal or another entity); and
     (c) is not subject to any writ or order of the Supreme Court, another
     court, a tribunal or another entity on any ground.
(3) Despite subsection (2), the Judicial Review Act 1991, part 4, applies to
the decision as if it were a decision to which that Act applies.
(4) In this section--
decision includes conduct leading up to or forming part of the process of
making a decision.
 
25 Exotic diseases expenses and compensation fund
(1) There shall be established and thereafter maintained in the Treasury an
exotic diseases expenses and compensation fund.
(2) The fund may consist of 1 account or more than 1 separate and distinct
accounts as are from time to time prescribed in respect of 1 or more than 1
exotic disease.
 
26 Payments into fund
(1) There shall be paid into the fund--
     (a) all moneys payable to the State by any other State or by the
     Commonwealth or any Territory in accordance with any arrangement made
     (whether before or after the commencement of this Act) between the
     State, the Commonwealth, the other States and any Territory or any of
     them for controlling, eradicating and preventing the spread of any
     exotic disease;
     (b) the proceeds of the sale of stores or equipment sold under this
     Act;
     (c) any gifts made for payment into the fund;
     (d) all penalties and costs recovered under this Act;
     (e) all moneys appropriated by Parliament for the purposes of this
     Act;
     (f) any moneys from time to time advanced by the Treasurer for
     payment into the fund.
(2) Moneys received--
     (a) in respect of, or for the purposes of this Act with respect to, a
     particular exotic disease, if an account is established in respect of
     that disease--shall be credited to that account;
     (b) in any other case--shall be credited to such account as the
     Minister directs.
 
27 Application of fund
The fund shall be applied, out of the relevant account or accounts, for--
     (a) the payment of expenses directly connected with controlling,
     eradicating and preventing the spread of any exotic disease, except
     the salaries or wages of officers and employees of the State of
     Queensland who are or would be employed irrespective of any outbreak
     of an exotic disease; and
     (b) the payment of compensation payable under this Act and all costs
     and expenses incidental to determining the compensation payable; and
     (c) the payment of expenses connected with the sale of stores or
     equipment sold under this Act and the distribution of surplus moneys
     in the fund; and
     (d) the repayment to the Treasurer of any moneys referred to in
     section 26(l)(f).
 
28 Declaration of outbreak of exotic disease
(1) The Minister may, by notification, declare when an outbreak of a specified
exotic disease started or ended in a specified area of the State.
(2) A notification under this section is subordinate legislation.
 
29 Compensation
Subject to this part, compensation shall be paid to the owner of--
     (a) any animal or property which pursuant to an order made or given
     under the authority of this Act or the Stock Act 1915 is destroyed
     during the period of the outbreak notified pursuant to section 28,
     for the purpose of controlling, eradicating or preventing the spread
     of an exotic disease specified in the notification; and
     (b) any animal which is certified by a government veterinary officer
     as having died during the period of the outbreak notified pursuant to
     section 28 of the exotic disease specified in the notification and
     which at the time of its death was situated in the area of the State
     notified in respect of that disease.
 
30 Claims for compensation
(1) An owner may apply to the chief executive for an assessment of compensation
within 90 days after the destruction of the animal or property or the death of
the animal.
(2) The amount of compensation payable is--
     (a) for an animal--
          (i) if the destroyed or dead animal was affected with an
          exotic disease--the animal's market value immediately
          before it was affected; or
          (ii) if the destroyed animal was not affected with an
          exotic disease--the animal's market value immediately
          before it was destroyed; or
     (b) for property--the property's market value immediately before it
     was destroyed.
(3) If, when the restriction period relating to the animal or property ends,
the end market value of the animal or property is more than the amount of
compensation paid under an application under subsection (1), the owner may
apply for additional compensation, within 30 days after the restriction period
ends.
(4) The amount of additional compensation payable is the difference between the
amount of compensation paid under the application under subsection (1) and the
end market value of the animal or property.
(5) Despite any other Act, the State is not liable to pay compensation under
the other Act for an animal or property for which compensation has been, or may
be, paid under this Act.
(6) In this section--
end market value, of an animal or property, means the market value of the
animal or property at the end of the restriction period relating to the animal
or property, based on the age and condition of the animal or property--
     (a) for an animal--
          (i) if the animal was affected with an exotic disease--
          immediately before it was affected; or
          (ii) if the animal was not affected with an exotic disease-
          -immediately before it was destroyed; or
     (b) for property--immediately before it was destroyed.
market value--
     (a) means the market value of the animal or property calculated on a
     sale with delivery--
          (i) if the animal or property was ordered to be destroyed--
          at the place where the animal or property is when ordered
          to be destroyed; or
          (ii) if no order was made--at the place where the animal
          died; but
     (b) does not include an allowance for loss of profit, loss caused by
     breach of contract or award, loss of production or any other
     consequential loss.
restriction period, relating to an animal or property, means the period for
which the animal or property is located in an area that is in quarantine or is
a restricted area.
 
31 When no compensation payable
(1) Where, but for this section, compensation would be payable under this Act
to the owner of any animal that dies of an exotic disease or any animal, animal
product or property used in connection with that animal or animal product that
is destroyed by order, pursuant to this Act or the Stock Act 1915, of the
Minister, the Minister's delegate, an inspector or a government veterinary
officer for the purpose of preventing the spread of exotic disease--
     (a) no compensation shall be payable under this Act in respect of the
     death or destruction of that animal or destruction of that animal
     product or property if--
          (i) the death from that exotic disease or the destruction
          by an order arises out of the doing of any act or thing or
          the making of any omission by the owner of the animal or
          animal product or property used in connection with that
          animal or animal product with respect to any part thereof,
          the doing of which act or thing or the making of which
          omission causes or contributes to or is such as is likely
          to cause or contribute to the spread of exotic disease; and
          (ii) the owner is convicted of an offence against any law
          of this State, the Commonwealth, or any State or Territory
          relating to the control, eradication or prevention of
          exotic disease and the act or thing referred to in
          subparagraph (i) is done or the omission referred to in
          subparagraph (i) is made in connection with the commission
          of the offence;
     (b) no compensation or only such part of the compensation otherwise
     payable as the Minister thinks reasonable shall be payable under this
     Act in respect of the death or destruction of that animal or
     destruction of that animal product or property if--
          (i) the Minister forms the opinion that the death from that
          exotic disease or the destruction by an order arises out of
          the doing of any act or thing or the making of any omission
          by the owner of the animal or animal product or property
          used in connection with that animal or animal product with
          respect to any part thereof, the doing of which act or
          thing or the making of which omission causes or contributes
          to or is such as is likely to cause or contribute to the
          spread of exotic disease; or
          (ii) the owner has been convicted, whether before or after
          the commencement of this Act, of an offence against the law
          of this State, the Commonwealth, or any State or Territory
          of the Commonwealth relating to the control, eradication or
          prevention of exotic disease.
(2) No compensation shall be payable under this Act to the owner in respect of
the destruction of animal pathogen by order, pursuant to this Act, of the
Minister, an inspector or a government veterinary officer.
 
33 Mode of valuation
(1) The market value of any animal or property in respect of which compensation
is payable under this Act shall be--
     (a) such amount as is agreed upon by the Minister and the claimant;
     or
     (b) where such amount has not been so agreed upon--such amount
     acceptable to the Minister and the claimant as is fixed by a valuer
     appointed for the purpose jointly by the Minister and the claimant;
     or
     (c) where the Minister and the claimant have failed to agree upon the
     amount of the market value under paragraph (a) or upon the
     appointment of a valuer under paragraph (b) or where the amount fixed
     by that valuer is unacceptable to the Minister or the claimant--the
     amount fixed by QCAT on application made to QCAT.
(2) An application under subsection (1)(c) must be made within the time
prescribed under a regulation and as otherwise provided under the QCAT Act.
(3) The Minister may delegate the Minister's powers under subsection (1) to a
government veterinary officer.
 
34 When title doubtful, Minister may retain compensation or make payment into
court
(1) If any doubt or dispute arises as to the right or title of a person to
receive any compensation under this Act the Minister may--
     (a) cause to be retained in the fund the full amount of the
     compensation payable until the right or title of the person entitled
     to receive the compensation has been established to the Minister's
     satisfaction; or
     (b) pay the amount of compensation to QCAT, and QCAT must deal with
     and apply the compensation amount in the way QCAT, on application by
     a claimant, orders.
(2) If the Minister pays the amount of compensation to QCAT under subsection
(1)(b)--
     (a) the amount must be held in the trust account maintained by QCAT
     under the QCAT Act, section 231; and
     (b) the Minister must give the claimant for the compensation written
     notice of the payment; and
     (c) an application by the claimant must be made as provided under the
     QCAT Act.
 
35 Sale of stores and equipment
(1) The Minister may at any time sell or cause to be sold, upon such terms and
conditions as the Minister thinks fit, any stores and equipment which in the
Minister's opinion are no longer required for the purposes of this Act and the
proceeds of such sale shall be credited to the fund.
(2) Any such sale may be for cash or upon terms and, if on terms, upon
security.
 
36 Closure of account
(1) A regulation may specify a day when an account that forms part of the fund
is to be closed.
(1A) In the case of an account maintained in respect of an exotic disease the
date of the outbreak of which has been notified by the Minister pursuant to
section 28, the date of finalisation of that account shall be not less than 6
months nor more than 12 months from the date of the end of the outbreak
notified by the Minister pursuant to that section.
(2) On the day specified in the regulation--
     (a) all moneys payable from that account under this Act which have
     not already been paid shall be retained for payment by the Minister;
     (b) if any undetermined claims are pending settlement--the Minister
     may retain sufficient sums to meet such claims, costs and related
     expenses payable from that account as though in each case the sum to
     be paid was the full amount of the claim;
     (c) on--
          (i) the settlement of all claims for compensation; and
          (ii) the payment of all expenses incurred;
under this Act and payable from that account, any sums remaining shall be
disbursed in accordance with paragraph (e);
     (d) all stores and equipment purchased with moneys from that account
     shall be sold and the proceeds paid into the account. However,
     subject to the approval of the Commonwealth and the several States
     and Territories which have contributed to that account, any of the
     stores and equipment purchased with moneys from that account may be
     retained until such time as the Commonwealth and the several States
     and Territories determine that they shall be sold whereupon the
     proceeds of such sale shall be disbursed as provided in paragraph
     (e);
     (e) the balance of moneys remaining in the account shall be paid to
     the Commonwealth and the several States and Territories in the same
     proportion as the contributions actually made by them to the account.
 
37 Offence
A person who knowingly makes a statement which is in any respect false or
misleading or who practises or is concerned in any fraudulent act with intent
to mislead or defraud the Crown for the purpose of obtaining compensation for
himself or herself or any other person under this part commits an offence
against this Act.
Maximum penalty--1000 penalty units or 1 year's imprisonment.
 
38 Offences with respect to inspectors and other officers
A person--
     (a) shall not assault, obstruct, threaten, abuse, insult or
     intimidate an inspector or a government veterinary officer in the
     exercise of his or her powers and functions under this Act or attempt
     so to do;
     (b) shall not fail to answer any question put to the person for the
     purposes of this Act by an inspector or government veterinary officer
     or give a false or misleading answer to any question so put;
     (c) shall not fail to comply with a lawful direction or order of the
     Minister, an inspector or a government veterinary officer;
     (d) shall not, when required by or under this Act to render
     assistance or furnish information, fail to do so, or furnish
     information that is false or misleading;
     (e) shall not fail, without reasonable excuse the proof of which
     shall lie upon the person, to produce forthwith a licence, permit or
     other authority under this Act that the person is required under this
     Act to produce or fail to allow an inspector to make a copy of or an
     extract from a licence, permit or other authority;
     (f) shall not fail, upon demand made, to produce to an inspector for
     inspection or examination any book, account, record or document
     required or authorised under this Act to be produced or fail to allow
     an inspector to make a copy of or an extract from any book, account,
     record or document so produced;
     (g) shall not prevent a person from appearing before or being
     questioned by an inspector or government veterinary officer, or
     attempt so to do.
 
39 Forgery of licence etc.
A person shall not--
     (a) forge or counterfeit a licence, certificate, permit, authority or
     other approval under this Act;
     (b) utter or make use of any such licence, certificate, permit,
     authority or approval so forged or counterfeited;
     (c) personate a person named in a licence, certificate, permit,
     authority or other approval granted or issued under this Act.
Maximum penalty--1000 penalty units or 1 year's imprisonment.
 
40 Offences generally and penalty
(1) A person who contravenes or fails to comply with any provision of this Act
commits an offence against this Act.
(2) A person who fails to comply with any term, condition or restriction
imposed under this Act commits an offence against this Act.
(3) A person who--
     (a) fails to do that which the person is directed, ordered or
     required to do;
     (b) does that which the person is forbidden to do;
by a person acting under the authority of this Act commits an offence against
this Act.
(4) Where no penalty is expressly provided, a person who commits an offence
against this Act is liable to a maximum penalty of--
     (a) for an offence against a regulation--80 penalty units; or
     (b) otherwise--800 penalty units or 1 year's imprisonment.
 
41 Indictable and summary offences
(1) An offence against section 9(3), 11(1), 14(2) or 17(1) is a misdemeanour.
(2) Any other offence against this Act is a summary offence.
 
41A Proceedings for indictable offence
(1) A proceeding for an indictable offence against this Act may be taken, at
the election of the prosecution--
     (a) by way of summary proceeding under the Justices Act 1886; or
     (b) on indictment.
(2) A magistrate must not hear an indictable offence summarily if--
     (a) the defendant asks at the start of the hearing that the charge be
     prosecuted on indictment; or
     (b) the magistrate considers the charge should be prosecuted on
     indictment.
(3) If subsection (2) applies--
     (a) the magistrate must proceed by way of an examination of witnesses
     for an indictable offence; and
     (b) a plea of the person charged at the start of the proceeding must
     be disregarded; and
     (c) evidence brought in the proceeding before the magistrate decided
     to act under subsection (2) is taken to be evidence in the proceeding
     for the committal of the person for trial or sentence; and
     (d) before committing the person for trial or sentence, the
     magistrate must make a statement to the person as required by the
     Justices Act 1886, section 104(2)(b).
 
41B Limitation on who may summarily hear indictable offence
(1) The proceeding must be before a magistrate if it is a proceeding--
     (a) for the summary conviction of a person on a charge for an
     indictable offence; or
     (b) for an examination of witnesses for a charge for an indictable
     offence.
(2) However, if the proceeding is brought before a justice who is not a
magistrate, jurisdiction is limited to taking or making a procedural action or
order within the meaning of the Justices of the Peace and Commissioners for
Declarations Act 1991.
 
41C Limitation on time for starting summary proceeding
A proceeding for a summary offence against this Act by way of summary
proceeding under the Justices Act 1886 must start--
     (a) within 1 year after the commission of the offence; or
     (b) within 6 months after the offence comes to the complainant's
     knowledge, but within 2 years after the commission of the offence.
 
42 Liability for offences by corporations
(1) Where a corporation offends against this Act each and every one of the
following persons shall be deemed to have committed the offence, and shall be
liable to be proceeded against and punished accordingly, namely--
     (a) the managing director, manager, or other governing officer, by
     whatever name called, and every member of the governing body, by
     whatever name called, thereof; and
     (b) every person who in Queensland manages or acts or takes part in
     the management, administration or government of the business in
     Queensland of the corporation.
(1A) This section applies so as not to limit or affect howsoever the liability
of a corporation to be proceeded against and punished for an offence against
this Act committed by it.
(2) No person who is proceeded against pursuant to this section shall be
convicted if the person satisfies the court that the offence was committed
without the person's consent or connivance and that the person exercised all
such diligence to prevent the commission of the offence as the person ought to
have exercised having regard to all the circumstances.
 
43 Liability for offence by agent or employee
(1) Notwithstanding the Criminal Code, sections 7 and 23 or any other Act or
law or rule of law or practice, where a person commits an offence against this
Act as an agent or employee, the principal or employer, as the case may be, of
that person shall be deemed to have taken part in committing the offence and to
be guilty of the offence, and may be charged with committing the offence.
(1A) It is immaterial that the offence was committed without the authority or
contrary to the instructions of the principal or employer.
(2) A person is not liable to be convicted for an offence against this Act
committed by the person as an employee if the person satisfies the court that
the offence was committed while the business of his or her employer was being
conducted under the personal superintendence of that employer or of a manager
or other representative of that employer, and that the offence was committed
with the knowledge of that employer, manager or representative.
(3) Save as provided by subsection (2), this section applies so as not to
prejudice liability imposed under this Act on any person by whom an offence
against this Act is actually committed.
 
44 Evidentiary provisions
(1) In a proceeding for the purposes of this Act--
     (a) it shall not be necessary to prove the appointment of the chief
     inspector, any inspector, government veterinary officer or other
     officer or his or her authority to do any act, take any proceeding,
     or give any direction or order;
     (b) a signature purporting to be that of the Minister, chief
     inspector, an inspector, government veterinary officer or other
     officer shall be taken to be the signature it purports to be until
     the contrary is proved;
     (c) a document purporting to be a copy of a licence, certificate,
     permit, authority, order or notice under this Act shall upon its
     production in that proceeding be evidence and, in the absence of
     evidence to the contrary, conclusive evidence of that licence,
     certificate, permit, authority, order or notice;
     (d) a document purporting to be signed by the chief inspector stating
     that at a specified time or during a specified period there was or
     was not in force a licence, certificate, permit or authority under
     this Act as described in the document granted or issued to a
     specified person or in respect of a specified thing and that such
     licence, certificate, permit or authority was or was not subject to
     the terms, conditions or restrictions set out in the document shall
     upon its production in that proceeding be evidence and, in the
     absence of evidence to the contrary, conclusive evidence of the
     matters contained in that document;
     (e) a certificate or document relating to a motor vehicle purporting
     to be issued under the Transport Operations (Road Use Management) Act
     1995 shall, upon its production in that proceeding, be evidence and,
     in the absence of evidence to the contrary, conclusive evidence of
     the matters contained in that certificate or document and that the
     person named therein as the person in whose name the motor vehicle is
     registered was the person using the motor vehicle at the material
     time or during the material period;
     (f) proof that at any time an animal, carcass or animal product was
     infected shall be evidence, and in the absence of evidence to the
     contrary, conclusive evidence that a person who had that animal,
     carcass or animal product in his or her possession or charge was
     aware at that time that the animal, carcass or animal product was
     infected;
     (g) an allegation or averment in a complaint--
          (i) that any place is or that any act, matter or thing was
          done or omitted within a specified zone;
          (ii) that any licence, certificate, permit or authority
          required by or under this Act to be obtained was not duly
          obtained by the person required to obtain it;
          (iii) of the date on which the commission of an offence
          against this Act came to the knowledge of the complainant;
     shall be evidence and, in the absence of evidence to the contrary,
     conclusive evidence of that allegation or averment.
(2) Where in respect of a proceeding for an offence against this Act a copy of
a laboratory report--
     (a) if obtained on behalf of the prosecution--is served with the
     summons; or
     (b) if obtained on behalf of the defendant--is given to the
     prosecutor at least 3 clear days before the return day;
then, subject to subsection (3), the laboratory report a copy of which has been
so served or given purporting to be under the hand of a scientist shall, upon
its production in the proceeding, be sufficient evidence of the facts stated
therein.
(3) Where a laboratory report is or is proposed to be produced pursuant to
subsection (2), the court may, if it is satisfied (whether or not upon
application made in that behalf) that in the circumstances of the case the
scientist who issued the report should be called as a witness, order that the
scientist be called as a witness by the party producing or proposing to produce
the report and may grant an adjournment for that purpose.
(4) Where the court orders pursuant to subsection (3) that a scientist be
called as a witness, it shall adopt such procedure as to it deems just and
equitable to enable the scientist to be called and to be examined by the
parties irrespective of the stage reached in the proceedings.
(5) This section does not prejudice or in any way affect other means of proving
the elements of an alleged offence or lessen or affect the onus of proof
falling on an offender.
 
45 Protection of Crown, Minister and officers
Subject to part 3, liability at law shall not attach to the Crown, the
Minister, chief inspector, any inspector, government veterinary officer or
other officer or any person acting in aid of an inspector on account of
anything done for the purposes of this Act or done in good faith and purporting
to be done for the purposes of this Act.
 
46 Approval of forms
The chief executive may approve forms for use under this Act.
 
47 Regulation-making power
(1) The Governor in Council may make regulations under this Act.
(2) A regulation may be made about the matters specified in schedule 1.
(3) A regulation may impose a penalty of no more than 80 penalty units for
contravention of a regulation.
 
48 Transitional provision for Primary Industries Legislation Amendment Act (No.
2) 1997
(1) An area that was a control zone immediately before the commencement of this
section is taken to be a control area.
(2) An area that was an infected zone immediately before the commencement of
this section is taken to be a restricted area.
(3) An area that was a quarantine zone immediately before the commencement of
this section is taken to be infected premises.
 
- SCHEDULE 1 -- SUBJECT MATTER FOR REGULATIONS
1 Officers
The powers and functions of the chief inspector, inspectors, government
veterinary officers and other persons engaged in the administration of this
Act.
2 Licences, certificates and authorities
(1) Applications for and the grant and issue of licences, certificates and
authorities under this Act.
(2) The terms, conditions and restrictions subject to which licences,
certificates and authorities under this Act are granted and issued.
(3) The surrender, revocation, cancellation, suspension or endorsement of such
licences, certificates or authorities.
3 Diagnosis and treatment of exotic disease
The nature and methods of treatment of exotic diseases or of tests for
diagnosing and preventing exotic disease and the regulation and control of the
taking, removal and dispatch of specimens and vectors for diagnostic purposes.
4 Cleansing and disinfection etc.
The disinfection and any other treatment of persons and the cleansing and
disinfection of animals, articles, things and property for the purposes of this
Act.
5 Destruction of animals etc.
The regulation and control and the prescription of the methods of the
destruction of animals, carcasses, animal products, animal pathogen, biological
preparations, property, fittings, fodder, pasture and any other articles and
things in pursuance of this Act.
6 Seized animals etc.
The seizure, detention, confinement and disposal, including destruction, of
animals, carcasses, animal products, animal pathogen, biological preparations,
property or other articles or things seized, detained or confined in pursuance
of this Act.
7 Control in certain zones
The regulation and control of the movement of persons, animals, vehicles,
vessels and things into, within, through and out of a infected premises,
restricted area, standstill zone or control area and the regulation, management
and control of the premises, area or zone and of any animals therein.
8 Information as to exotic disease
The requirement of persons to furnish information in respect of any animal,
alive or dead, which is found or suspected to be infected.
9 Roads
The closure of roads in infected premises, restricted areas, standstill zones,
control areas or areas adjacent thereto and the prevention or restriction of
the passage of persons, vehicles and animals over such roads.
10 Controlling or prevention of spread of exotic disease
All such matters or things as the Governor in Council deems necessary or
expedient to provide for eradicating, controlling, checking or preventing the
spread of any exotic disease into or out of the State or any part thereof.
11 Requisition of land, services etc.
The requisition by the Minister of any land, buildings, accommodation, goods
and services, vehicles, vessels, equipment, plant and instruments including
that or those of any agency or department of the Crown in right of the State
and of any local government for such period as may, in the opinion of the
Minister, be necessary or expedient for eradicating, controlling, checking or
preventing the spread of an exotic disease within, into or out of any infected
premises, restricted area, standstill zone or control area.
12 Valuations
The regulation and control of the valuing of animals and property, the
appointment of valuers, their qualifications, duties and emoluments and the
procedure for dealing with disputed valuations.
13 Claims for compensation
The procedure for making claims for compensation, proof of ownership, mode of
payment and any other matter affecting or relating to compensation under this
Act.
16 Proof of documents
The manner in which an application, order, notice, requisition or other
document under this Act may be proved.
 
- SCHEDULE 2 -- DICTIONARY
animal means any animal, including a bird or insect, of whatever kind or
species.
animal pathogen means bacteria, virus, protozoa, arthropod or any other agent
or organism capable of causing exotic disease in animals.
animal product includes meat, fat, milk, whey, cream, butter, buttermilk,
cheese, eggs, feathers, wool hair, horn, semen, ova, faeces, urine or secretion
whatsoever of any animal, and any other substance prescribed by regulation to
be an animal product for the purposes of this Act.
approved form see section 46.
authorised person, for a place of entry or exit or a check point, means--
     (a) the inspector in charge of the place or check point; or
     (b) if the chief inspector has authorised another person to be in
     charge of the place or check point--the other person.
biological preparation means--
     (a) any product prepared from animal tissue (including blood, lymph,
     or glandular secretion) or produced by the agency of microscopic or
     ultramicroscopic organisms or ferments in any manner whatsoever, and
     used for or in relation to the diagnosis, prevention, alleviation or
     cure of disease or abnormal conditions in animals or which is used in
     animal production to promote growth or to change the physiological
     state of animals;
     (b) any synthetic compound, identical with or closely related to the
     products enumerated in paragraph (a) and which has or is alleged to
     have comparable uses;
     (c) any other substance prescribed by regulation to be a biological
     preparation for the purposes of this Act.
carcass means any portion of the body of a dead animal whether in an uncooked,
partly cooked or cooked state, and includes meat, bone, hide, skin, wool, hair,
feathers, hoof, horn and viscera.
chief inspector see the Stock Act 1915.
control area means an area notified as a control area under section 18.
destroy means to consume by fire, or kill and consume by fire, bury under the
ground, or kill and bury under the ground, boil down, or kill and boil down, or
otherwise destroy, or kill and otherwise destroy to the satisfaction of an
inspector.
diseased animal means an animal actually infected with or affected by an exotic
disease.
exotic disease means African swine fever, bluetongue, foot and mouth disease,
Newcastle disease, rabies, rinderpest, spongiform encephalopathy, swine fever,
swine vesicular disease, vesicular exanthema, vesicular stomatitis or any other
disease prescribed by regulation to be an exotic disease for the purposes of
this Act.
fittings include any stall, stable, sheep pen, cow or cattle house, horse box
and any other structure for keeping or confining animals and any halters,
brushes, clothes, buckets or other articles or things whatsoever which have
been brought into contact with animals.
fodder means any hay, straw, grass, green crop, root, vegetable, grain,
prepared meals, licks, litter, manure or any other thing used for the feeding
or litter of animals or found with or about animals.
fund means the exotic diseases expenses and compensation fund established under
this Act.
government veterinary officer see the Stock Act 1915.
holding means any run, station, farm, freehold or leasehold, or private or
public road, footpath, easement, right of way or drain, or any stock route,
reserve, common, stockyards, saleyard or trucking yard and any other place
where animals are driven, transported, yarded, worked, sold, kept, depastured
or found or dealt with in any manner whatsoever.
infected means infected with an exotic disease.
infected animal means a diseased animal or an animal which is suspected by an
inspector of--
     (a) being a diseased animal; or
     (b) having been exposed to the risk of infection with an exotic
     disease; or
     (c) having been the cause of the spread or introduction of an exotic
     disease.
infected premises means an area placed in quarantine under section 9.
inspector means--
     (a) an inspector appointed under part 2, division 5A; or
     (b) an inspector of stock appointed under the Stock Act 1915; or
     (c) the chief inspector.
order includes any command or direction whether given orally or in writing.
owner means any person, other than a mortgagee not in possession, having or
claiming, whether jointly or severally, any right, title or interest to or in
any animal or property or a local government having charge or control of any
animal or property, and includes the agent of the owner and in the case of a
body corporate or unincorporate the manager, secretary or other controlling
officer.
premises includes any land, house or other building or structure whatsoever or
wheresoever situated where animals, animal product, animal pathogen, biological
preparation or agricultural produce or any other thing that might carry animal
pathogen is kept, stored, sold, prepared or dealt with in any manner
whatsoever.
property includes any building or structure, vessel, vehicle, fitting,
appliance, fodder, animal product, carcass or other thing whatsoever whether
realty or personalty, but does not include an animal which is destroyed under
the provisions of the Stock Act 1915 or of this Act for the purpose of
controlling, eradicating or preventing the spread of an exotic disease.
restricted area means an area notified as a restricted area under section 10.
restricted movement, for a restricted area, means a movement the Minister has
declared, under section 10A, is restricted for the restricted area.
standstill zone means a zone that is notified as a standstill zone under this
Act.
suspected means suspected of being infected.
treated means dipped, dressed, rubbed, sprayed, spotted, inoculated,
vaccinated, disinfected, fumigated or treated with any medicament, in any case
as a cure for or means of alleviation, control or prevention of an exotic
disease.
vehicle includes a conveyance of any kind, whether or not at the material time
capable of being operated or moved in any manner and includes any caravan or
trailer.
vessel includes a ship, aircraft, hovercraft and a vehicle that is capable of
use in or on water and whether or not self propelled.
 
- NOTES
Page Date to which amendments incorporated 55 Key 56 Table of reprints 56
Tables in earlier reprints 57 List of legislation 57 List of annotations 58
List of forms notified or published in the gazette 63
This is the reprint date mentioned in the Reprints Act 1992, section 5(c).
Accordingly, this reprint includes all amendments that commenced operation on
or before 1 December 2009. Future amendments of the Exotic Diseases in Animals
Act 1981 may be made in accordance with this reprint under the Reprints Act
1992, section 49.
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 edition
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 2002
para   = paragraph                    SL      = subordinate legislation
prec   = preceding                    sub     = substituted
pres   = present                      unnum   = unnumbered
Reprint No. Amendments to       Effective        Reprint date
1           1995 Act No. 58     28 November 1995 11 December 1995
1A          1997 Act No. 73     19 December 1998 16 March 1998
1B          1999 Act No. 19     30 April 1999    4 June 1999
1C          2000 Act No. 5      23 March 2000    30 March 2000
Reprint No. Amendments included Effective        Notes
1D          2002 Act No. 36     1 October 2002
1E          2003 Act No. 82     6 November 2003
1F          2004 Act No. 27     12 October 2004  R1F withdrawn, see R2
2           --                  12 October 2004
2A          2006 Act No. 48     1 December 2006
2B          2009 Act No. 24     1 December 2009
Name of table                     Reprint No.
Changed citations and remade laws 1
Changed names and titles          1
Obsolete and redundant provisions 1
Renumbered provisions             1
(The following information about forms is taken from the gazette and is
included for information purposes only. Because failure by a department to
notify or publish a form in the gazette does not invalidate the form, you
should check with the relevant government department for the latest information
about forms (see Statutory Instruments Act, section 58(8)).)

 



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