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Report Details


Committee Name:

Legislation Committee

House:

Legislative Council
Report Type:Report

Title:

Biosecurity and Agriculture Management Bill 2006, Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Bill 2006 and Biosecurity and Agriculture Management Rates and Charges Bill 2006
Report No:7
No of Pages:244
Physical Location:Legislative Council Committee Office

Presentation Date:

04/03/2007
Inquiry Name(s):Biosecurity and Agriculture Management Bill 2006, Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Bill 2006 and Biosecurity and Agriculture Management Rates and Charges Bill 2006


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Hide details for RecommendationsRecommendations

1Recommendations are grouped as they appear in the text at the page number indicated:

Page 17
Recommendation 1: The Committee recommends that clause 190 of the Biosecurity and Agriculture Management Bill 2006 be amended so as to remove the power for regulations and management plans to adopt a code or subsidiary legislation as it exists from time to time.

Page 18
Recommendation 2: The Committee recommends that clauses 27, 36, 74 and 75 of the Biosecurity and Agriculture Management Bill 2006 be amended so as to restrict the regulation-making power in those clauses to prescribing only circumstances of emergency or urgent need in which the right to seek a State Administrative Tribunal review does not apply.

Page 18
Recommendation 3: The Committee recommends that clauses 78, 80, 83 and 86 of the Biosecurity and Agriculture Management Bill 2006 be amended so as to restrict the regulation-making power in those clauses to prescribing only circumstances of emergency or urgent need in which the right to seek a State Administrative Tribunal review does not apply.

Page 21
Recommendation 4: The Committee recommends that the Biosecurity and Agriculture Management Bill 2006 be amended by inserting an objects clause. The clause should explicitly state that the regulation of pests and diseases which affect only human health is not covered by the bill.

Page 25
Recommendation 5: The Committee recommends that clause 5 of the Biosecurity and Agriculture Management Bill 2006 be amended by inserting a definition of ‘biosecurity’.

Page 27
Recommendation 6: The Committee recommends that clauses 6(c), 27(2), 36(2), 74(4), 75(2), 78(4), 80(4), 83(3), 86(4), 141(1)(a), 145(1) and (6), 147(1), 190(3), Schedule 1, Item 3, and Schedule 1, Item 52(b) of the Biosecurity and Agriculture Management Bill 2006 be amended by replacing the words ‘specified’ or ‘specify’ where they occur with the words ‘prescribed’ or ‘prescribe’, respectively.

Page 27
Recommendation 7: The Committee recommends that clauses 23(1) and (3) of the Biosecurity and Agriculture Management Bill 2006 be amended so that a ‘potential carrier’ is ‘prescribed’ by regulations and ‘specified’ by management plans.

Page 31
Recommendation 8: A majority of the Committee (comprised of Hon Graham Giffard, Hon Sally Talbot, Hon Ken Baston and Hon Peter Collier MLCs) recommends that clause 12 of the Biosecurity and Agriculture Management Bill 2006 be amended so as to:
(a)delete the express requirement to consult with the Minister administering the Environmental Protection Act 1986;
(b)delete the express requirement to consult with the Minister administering the Conservation and Land Management Act 1984; and
(c)delete the requirement for a unique consultation process for declarations relating to a fish.

Page 39
Recommendation 9: A majority of the Committee (comprised of Hon Graham Giffard, Hon Sally Talbot, Hon Ken Baston and Hon Peter Collier MLCs) recommends that clauses 21(4) and (5) of the Biosecurity and Agriculture Management Bill 2006 be amended so as to:

(a)delete the express requirement to consult with the Minister administering the Environmental Protection Act 1986;
(b)delete the express requirement to consult with the Minister administering the Conservation and Land Management Act 1984; and
(c)delete the requirement for a unique consultation process for declarations relating to a fish.

Page 43
Recommendation 10: The Committee recommends that clause 158 of the Biosecurity and Agriculture Management Bill 2006 be amended so as to require the declarations published pursuant to that clause to refer to organisms by both their common and scientific names, and to include a representative photograph or picture of, and any other aids for identifying, any named organisms.

Page 44
Recommendation 11: The Committee recommends that clause 159 of the Biosecurity and Agriculture Management Bill 2006 be amended so as to require the lists of organisms mentioned in that clause to refer to organisms by both their common and scientific names, and to include a representative photograph or picture of, and any other aids for identifying, any named organisms.

Page 48
Recommendation 12: The Committee recommends that clause 28 of the Biosecurity and Agriculture Management Bill 2006 be amended so that it is compulsory for the Director General to include a summary of every failure by a public authority to comply with a pest exclusion notice in the Department of Agriculture and Food’s next annual report.

Page 48
Recommendation 13: A majority of the Committee (comprised of Hon Giz Watson, Hon Ken Baston and Hon Peter Collier MLCs) recommends that clause 28 of the Biosecurity and Agriculture Management Bill 2006 be amended so that public authorities are subject to a fine of up to $20,000 for failing to comply with a pest exclusion notice.

Page 49
Recommendation 14: The Committee recommends that clause 29 of the Biosecurity and Agriculture Management Bill 2006 be amended so that it is compulsory for the Director General to include a summary of every failure by a public authority to comply with prescribed control measures in relation to a declared pest in the Department of Agriculture and Food’s next annual report.

Page 49
Recommendation 15: A majority of the Committee (comprised of Hon Giz Watson, Hon Ken Baston and Hon Peter Collier MLCs) recommends that clause 29 of the Biosecurity and Agriculture Management Bill 2006 be amended so that public authorities are subject to a fine of up to $20,000 for failing to comply with prescribed control measures in relation to a declared pest.

Page 50
Recommendation 16: The Committee recommends that clause 31 of the Biosecurity and Agriculture Management Bill 2006 be amended so that it is compulsory for the Director General to include a summary of every failure by a public authority to comply with a pest control notice in the Department of Agriculture and Food’s next annual report.

Page 50
Recommendation 17: A majority of the Committee (comprised of Hon Giz Watson, Hon Ken Baston and Hon Peter Collier MLCs) recommends that clause 31 of the Biosecurity and Agriculture Management Bill 2006 be amended so that public authorities are subject to a fine of up to $50,000 (or up to $100,000 if the declared pest is a high impact organism) for failing to comply with a pest control notice.

Page 52
Recommendation 18: The Committee recommends that the Environmental Protection Act 1986 be listed in clause 3(2) of the Biosecurity and Agriculture Management Bill 2006.

Page 54
Recommendation 19: The Committee recommends that clause 44 of the Biosecurity and Agriculture Management Bill 2006 be amended so that:
(a)a proposed management plan in relation to a fish (or declared pest in an aquatic environment) can only be issued by the Minister after the Minister administering the Fish Resources Management Act 1994, the Minister administering the Environmental Protection Act 1986 and the Minister administering the Conservation and Land Management Act 1984 have first approved the proposed management plan; and
(b)a proposed management plan in relation to a declared pest that is an animal native to Australia (other than a fish) can only be issued by the Minister after the Minister administering the Environmental Protection Act 1986 and the Minister administering the Conservation and Land Management Act 1984 have first approved the proposed management plan.

Page 63
Recommendation 20: The Committee recommends that clause 93 of the Biosecurity and Agriculture Management Bill 2006 be amended so that it is no longer necessary for a person to object to giving information in order for that information to be inadmissible in any civil or criminal proceedings against her or him except in proceedings for perjury or for an offence under the Bill arising out of the person giving false or misleading information.

Page 65
Recommendation 21: The Committee recommends that clause 93 of the Biosecurity and Agriculture Management Bill 2006 be amended so that any information, document or thing obtained as a direct or indirect consequence of:
(a)the information; and
(b)the fact that the information was given,
is not admissible in any civil or criminal proceedings against the person giving the information, except in proceedings for perjury or for an offence under the Bill arising out of the person giving false or misleading information.

Page 67
Recommendation 22: The Committee recommends that clause 95(3) of the Biosecurity and Agriculture Management Bill 2006 be deleted.

Page 67
Recommendation 23: The Committee recommends that clause 98 of the Biosecurity and Agriculture Management Bill 2006 be amended to include a requirement that the power of sale should only be exercised after all other avenues of recovering the amount charged on land pursuant to clause 95 have been exhausted.

Page 73
Recommendation 24: The Committee recommends that clauses 121(2) and (3) of the Biosecurity and Agriculture Management Bill 2006 be amended so that the matters provided for in those clauses are presumed only in the absence of evidence to the contrary.

Page 73
Recommendation 25: The Committee recommends that clause 123(1) of the Biosecurity and Agriculture Management Bill 2006 be amended so that the matters provided for in those clauses are taken to be evidence only in the absence of evidence to the contrary.

Page 75
Recommendation 26: The Committee recommends that clause 158 of the Biosecurity and Agriculture Management Bill 2006 be amended so that:
(a)a declaration made under clause 10, 11 or 21(2) must be published in the Government Gazette; and
(b)the publication of such a declaration may only be effected by publishing the full text of the declaration in the Government Gazette.

Page 79
Recommendation 27: The Committee recommends that clause 187 of the Biosecurity and Agriculture Management Bill 2006 be amended so that an action in tort can be brought against the State for anything that an official has done in negligence in the performance or purported performance of a function under the proposed Act.

Page 79
Recommendation 28: The Committee recommends that clause 188(2) of the Biosecurity and Agriculture Management Bill 2006 be amended by deleting the words ‘provide for’, ‘authorise’, ‘require’, ‘prohibit’, ‘restrict’ and ‘otherwise regulate’.

Page 81
Recommendation 29: The Committee recommends that clause 193(2)(a) of the Biosecurity and Agriculture Management Bill 2006 be amended so as to authorise expressly the making of local laws which prescribe plants which are likely to adversely affect the environment in a local government district as pest plants.

Page 83
Recommendation 30: The Committee recommends that clause 193(2)(c) of the Biosecurity and Agriculture Management Bill 2006 be amended so that the immunity from payment of compensation which is conferred on local governments is limited to situations where they and their agents have conducted the pest plant control measures in good faith and without negligence.

Page 83
Recommendation 31: The Committee recommends that clause 194 of the Biosecurity and Agriculture Management Bill 2006 be amended so that the review of the proposed Act must be performed as soon as is practicable after every 10-year period after the Act’s commencement.

Page 87
Recommendation 32: The Committee recommends that clause 4 of the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Bill 2006 be amended so that the powers to make regulations of the type contemplated and authorised in clauses 4(5)(a) and (c) can be exercised for only as long a period as is reasonably and practicably necessary to identify the need for, and effect, such regulations.

Page 87
Recommendation 33: The Committee recommends that clause 5 of the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Bill 2006 be amended so that the power to make regulations of the type contemplated and authorised in clause 5(2) can be exercised for only as long a period as is reasonably and practicably necessary to identify the need for, and effect, such regulations.

Page 93
Recommendation 34: The Committee recommends that clause 64 of the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Bill 2006 be amended so that it also inserts a requirement for the officer entering an orchard pursuant to proposed section 12A to take reasonable steps to warn the owner or occupier of the orchard of the officer’s intention to enter the orchard, prior to the entry.