Western Australia
Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007
No. 24 of 2007
An Act —
·to repeal various Acts;
·to amend certain other Acts; and
·for purposes relating to those repeals and amendments and to the enactment of the Biosecurity and Agriculture Management Act 2007.
[Assented to 12 October 2007]
The Parliament of Western Australia enacts as follows:
This is the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007.
(1)Subject to subsections (3), (4) and (5) this Act comes into operation on a day to be fixed by proclamation.
(2)Different days may be fixed under subsection (1) for different provisions.
(3)Section 34 is not to come into operation before the Minister has certified, by written notice delivered to the Governor, that each person employed by the APB on the day on which this section comes into operation has —
(a)become an officer of an organisation within the meaning of the Public Sector Management Act 1994; or
(b)been registered under the Public Sector Management (Redeployment and Redundancy) Regulations 1994 Part 4; or
(c)resigned or otherwise ceased employment as an officer of the APB.
(4)Section 53 is not to come into operation before the Minister has certified, by written notice delivered to the Governor, that —
(a)a prescribed account, as defined in the BAM Act section 140, has been established under that Act for the cattle industry; and
(b)adequate provision has been made for compensation from that account in relation to cattle that are destroyed under that Act because of a disease in respect of which a declaration for the purposes of the Cattle Industry Compensation Act 1965 section 8 was in effect immediately before the coming into operation of section 53.
(5)Section 68 is not to come into operation before the Minister has certified, by written notice delivered to the Governor, that —
(a)a prescribed account, as defined in the BAM Act section 140, has been established under that Act for the grain and seed crops industry; and
(b)adequate provision has been made for compensation from the account in relation to grain, seed, crop or bags destroyed in the course of steps taken under that Act to control skeleton weed or any plant disease in respect of which a designation under the Plant Pests and Diseases (Eradication Funds) Act 1974 section 4(2) was in effect immediately before the coming into operation of section 68.
3.Meaning of terms used in this Act
In this Act —
“APB” means the Agriculture Protection Board established by the Agriculture Protection Board Act 1950;
“assets” means —
(a)property of every kind whether tangible or intangible, real or personal, corporeal or incorporeal; and
(b)without limiting paragraph (a) includes choses in action, goodwill, rights, interests and claims of every kind in or to property, whether arising from, accruing under, created or evidenced by or the subject of, an instrument or otherwise and whether liquidated or unliquidated, actual, contingent or prospective;
“BAM Act” means the Biosecurity and Agriculture Management Act 2007;
“Director General” means the chief executive officer of the department principally assisting in the administration of the Biosecurity and Agriculture Management Act 2007;
“liability” means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other person;
“right” means any right, power, privilege or immunity whether actual, prospective or contingent.
Part 2 — Repeals, transitional provisions and consequential amendments
(1)In this section —
“authorisation” includes a licence, permit, registration, approval, accreditation or certification.
(2)Subject to any regulations made under subsection (4), the provisions of the Interpretation Act 1984 (for example, sections 16(1), 36 and 38) about the repeal of written laws and the substitution of other written laws for those so repealed apply to the repeal of an Act mentioned in this Part as if that Act were repealed and re‑enacted by the BAM Act.
(3)The other provisions of this Act are additional to the provisions applied by subsection (2) and do not affect the operation of the provisions applied by subsection (2).
(4)The Governor may make regulations under the BAM Act in relation to issues arising as a consequence of the operation of subsection (2).
(5)Regulations made under subsection (4) may —
(a)include provisions that modify the operation of another written law or otherwise have effect despite another written law; and
(b)provide that an order, notice, direction, requisition or authorisation made or given under an Act repealed under Part 2 is to be taken to be an order, notice, direction, requisition or authorisation made or given under a provision of the BAM Act, or regulations made under that Act, specified in the regulations; and
(c)provide that subsection (2) does not apply to an order, notice, direction, requisition or authorisation specified in the regulations.
(6)Regulations made under subsection (4) in relation to a matter referred to in subsection (5)(a) or (c) must be made within such period as is reasonably and practicably necessary to deal with a transitional matter that arises as a result of the enactment of this Act or the BAM Act.
(1)If there is no sufficient provision in this Act for dealing with an issue or matter of a transitional nature that arises as a result of the enactment of this Act or the BAM Act, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter or issue.
(2)Without limiting subsection (1), regulations made under that subsection may provide that specified provisions of a written law —
(a)do not apply; or
(b)apply with specified modifications,
to or in relation to any matter.
(3)If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the day on which the BAM Act comes into operation, the regulations have effect according to their terms.
(4)In subsections (2) and (3) —
“specified” means specified or described in the regulations.
(5)If regulations contain a provision referred to in subsection (3), the provision does not operate so as to —
(a)affect in a manner prejudicial to any person (other than the State, an authority of the State or a local government), the rights of that person existing before the day of publication of those regulations; or
(b)impose liabilities on any person (other than the State, an authority of the State or a local government) in respect of anything done or omitted to be done before the day of publication of those regulations.
(6)Regulations made under subsection (1) in relation to a matter referred to in subsection (2) must be made within such period as is reasonably and practicably necessary to deal with a transitional matter that arises as a result of the enactment of this Act or the BAM Act.
6.Regulations under repealed Acts: transitional provisions
Regulations made under the BAM Act may set out —
(a)such provisions of a savings and transitional nature as are necessary or convenient for the purposes of dealing with matters that are incidental to or consequential on the amendment or repeal of regulations made under a repealed Act; and
(b)such provisions of a transitional nature as are necessary or convenient to deal with a regulation made under a repealed Act ceasing to have effect because there is not power to make that regulation under the BAM Act.
7.Construction of references in written laws
Unless the context otherwise requires, a reference in a written law to an enactment repealed by this Act includes a reference to the corresponding provision, if any, of the BAM Act.
Division 2 — Agriculture Act 1988
The Agriculture Act 1988 is repealed.
9.Animal Welfare Act 2002 amended
(1)The amendments in this section are to the Animal Welfare Act 2002*.
[*Act No. 33 of 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2)Section 5(1) is amended in the definition of “Agriculture WA” by deleting “Agriculture Act 1988;” and inserting instead —
“ Biosecurity and Agriculture Management Act 2007; ”.
(1)The amendments in this section are to the Health Act 1911*.
[*Reprint 13 as at 15 July 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Acts Nos. 34 of 2004, 5, 23 and 28 of 2006.]
(2)Section 246B(2)(c) is deleted and the following paragraph is inserted instead —
“
(c)one shall be the chief executive officer of the department principally assisting in the administration of the Biosecurity and Agriculture Management Act 2007, or an officer of that department nominated by that chief executive officer;
”.
11.Land Administration Act 1997 amended
(1)The amendments in this section are to the Land Administration Act 1997*.
[*Reprint 2 as at 24 June 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Acts Nos. 18, 25, 38 of 2005 and 28 of 2006.]
(2)Section 97(1)(b) is deleted and the following paragraph is inserted instead —
“
(b)one is to be the chief executive officer of the department principally assisting in the administration of the Biosecurity and Agriculture Management Act 2007, or his or her appointee from time to time;
Subdivision 2 — Transitional and savings provisions
12.Terms used in this Subdivision
In this Subdivision, unless the contrary intention appears —
“Authority” means the Western Australian Agriculture Authority established under the Biosecurity and Agriculture Management Act 2007;
“commencement day” means the day on which section 8 comes into operation;
“former holder” means the Chief Executive Officer of the Department of Agriculture established as a body corporate under the repealed Act section 8;
“repealed Act” means the Agriculture Act 1988.
13.Authority is successor in title of former holder
On commencement day the former holder is succeeded by the Authority.
14.Devolution of assets and liabilities
On and after the commencement day —
(a)the assets and rights of the former holder that were immediately before that day vested in the former holder vest in the Authority by force of this section; and
(b)the liabilities of the former holder (including a share of a liability) immediately before that day become, by force of this section, the liabilities of the Authority; and
(c)any proceeding or remedy that immediately before that day might have been brought or continued by or available against or to the former holder, may be brought or continued and are available, by or against or to the Authority; and
(d)all records and data of the former holder pass to the Authority.
Crown land that, immediately before the commencement day, is under the care, control and management of the former holder is to be regarded as if it had, at that time —
(a)been reserved under the Land Administration Act 1997 section 41 for the purposes of the Biosecurity and Agriculture Management Act 2007; and
(b)under the Land Administration Act 1997 section 46, been placed under the care, control, and management of the Authority for those purposes.
16.Certain intellectual property
(1)On the commencement day any intellectual property, or right to apply for, hold, receive, exploit or dispose of intellectual property, that the State has immediately before that day is, by operation of this section, assigned to the Authority.
(2)In subsection (1) —
“intellectual property” means intellectual property created in the performance of functions under the repealed Act.
(3)The Minister may certify in writing that a specified intellectual property right was, or was not, created, acquired or held for the purposes of the repealed Act, and such a certificate is conclusive evidence of that fact, unless the contrary is shown.
17.Agreements and instruments generally
Any agreement or instrument subsisting immediately before the commencement day —
(a)to which the former holder was a party; or
(b)which contains a reference to the former holder,
has effect on and after the commencement day as if —
(c)the Authority were substituted for the former holder as a party to the agreement or instrument; and
(d)any reference in the agreement or instrument to the former holder were (unless the context otherwise requires) amended to be or include a reference to the Authority.
Division 3 — Aerial Spraying Control Act 1966
The Aerial Spraying Control Act 1966 is repealed.
(1)In this section —
“aerial spraying” has the same meaning as in the repealed Act;
“repealed Act” means the Aerial Spraying Control Act 1966.
“spray drift” has the same meaning as in the repealed Act;
(2)Sections 14(4), (5) and (6) and 15 of the repealed Act continue to apply in relation to aerial spraying carried out before the coming into operation of this section, and in relation to any spray drift from that aerial spraying.
Division 4 — Agricultural Produce (Chemical Residues) Act 1983
The Agricultural Produce (Chemical Residues) Act 1983 is repealed.
Division 5 — Agricultural Products Act 1929
The Agricultural Products Act 1929 is repealed.
22.Constitution Acts Amendment Act 1899 amended
(1)The amendments in this section are to the Constitution Acts Amendment Act 1899*.
[*Reprint 14 as at 21 April 2006.
For subsequent amendments see Acts Nos. 5 and 28 of 2006.]
(2)Schedule V Part 3 is amended by deleting “The Apple Sales Advisory Committee constituted under the Agricultural Products Act 1929.”.
(3)Schedule V Part 3 is amended by deleting “The Citrus Sales Advisory Committee constituted under the Agricultural Products Act 1929.”.
(4)Schedule V Part 3 is amended by deleting “The Stone‑Fruit Sales Advisory Committee constituted under the Agricultural Products Act 1929.”.
23.Consumer Affairs Act 1971 amend
(1)The amendment in this section is to the Consumer Affairs Act 1971*.
[*Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2)The Schedule is amended by deleting “Agricultural Products Act 1929.”.
Subdivision 2 — Transitional and savings provisions
24.Meaning of terms used in this Subdivision
In this Subdivision —
“commencement day” means the day on which section 21 comes into operation;
“former account” means the Agricultural Products Act Modified Penalties Revenue Fund established under the repealed Act section 8B;
“repealed Act” means the Agricultural Products Act 1929.
25.Funds in, or payable to, former account
(1)On the commencement day any moneys standing to the credit of the former account are to be credited to the Modified Penalties Revenue Account established under the BAM Act to be applied —
(a)in the payment of any liabilities of the former account which arose before the commencement day; and
(b)for the purposes set out in the BAM Act section 149,
and the former account is then to be closed.
(2)The Modified Penalties Revenue Account established under the BAM Act is to be credited with any money that became payable to the former account before the commencement day and that is paid after that day.
26.Reference to former account
If in an agreement, instrument or other document there is a reference to the former account, that reference is, unless the context otherwise requires, to be read and have effect on and after the commencement day as if it were a reference to the Modified Penalties Revenue Account established under the BAM Act.
Division 6 — Agriculture and Related Resources Protection Act 1976
(1)The Agriculture and Related Resources Protection Act 1976 is repealed on a day to be fixed by proclamation.
(2)Different days may be fixed under subsection (1) for different provisions.
28.Bush Fires Act 1954
(1)The amendments in this section are to the Bush Fires Act 1954*.
[*Reprint 7 as at 3 March 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2)Section 26(5) is repealed and the following subsection is inserted instead —
“
(5)In this section “plant” does not include a plant that is a declared pest as that term is defined by the Biosecurity and Agriculture Management Act 2007.
”.
(3)Section 26A(1) is amended by deleting “A plant that is a declared plant within the meaning of the Agriculture and Related Resources Protection Act 1976” and inserting instead —
“
A plant that is a declared pest as that term is defined by the Biosecurity and Agriculture Management Act 2007
”.
29.Consumer Affairs Act 1971 amended
(1)The amendment in this section is to the Consumer Affairs Act 1971*.
[*Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2)The Schedule is amended by deleting “Agriculture and Related Resources Protection Act 1976.”.
Subdivision 2 — Transitional and savings provisions
30.Meaning of terms used in this Subdivision
In this Subdivision —
“commencement day” means the day on which the repealed Act Part V Division 6 is repealed;
“former account” means the Declared Plants and Animals Control Fund referred to in the repealed Act section 65;
“repealed Act” means the Agriculture and Related Resources Protection Act 1976.
Despite section 27, the repealed Act Part V Division 6, as in force immediately before the commencement day, continues to apply in relation to a rate payable under that Division for a financial year commencing before the commencement day.
32.Funds in, or payable to, former account
(1)On the commencement day any moneys standing to the credit of the former account are to be credited to the Declared Pest Account established under the BAM Act to be applied —
(a)in the payment of any liabilities of the former account which arose before the commencement day; and
(b)for the purposes set out in the BAM Act section 138,
and the former account is then to be closed.
(2)The Declared Pest Account established under the BAM Act is to be credited with any money that became payable to the former account before the commencement day and that is paid after that day.
33.Reference to former account
If in an agreement, instrument or other document there is a reference to the former account, that reference is, unless the context otherwise requires, to be read and have effect on and after the commencement day as if it were a reference to the Declared Pest Account established under the BAM Act.
Division 7 — Agriculture Protection Board Act 1950
The Agriculture Protection Board Act 1950 is repealed.
35.Constitution Acts Amendment Act 1899 amended
(1)The amendment in this section is to the Constitution Acts Amendment Act 1899*.
[*Reprint 14 as at 21 April 2006.
For subsequent amendments see Acts Nos. 5 and 28 of 2006.]
(2)Schedule V Part 3 is amended by deleting “The Agriculture Protection Board of Western Australia constituted under the Agriculture Protection Board Act 1950.”.
36.Financial Management Act 2006 amended
(1)The amendment in this section is to the Financial Management Act 2006*.
[*Act No. 76 of 2006.]
(2)Schedule 1 is amended by deleting “The Agriculture Protection Board of Western Australia”.
(1)The amendments in this section are to the Firearms Act 1973*.
[*Reprint 4 as at 1 July 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1.]
(2)Section 17B(1) is amended by deleting “officer or employee of the Board” and inserting instead —
“ agriculture inspector ”.
(3)Section 17B(3) is amended as follows:
(a)by deleting “officer or employee” and inserting instead —
“ agriculture inspector ”;
(b)in paragraph (c) by deleting “common starlings Sturnus vulgaris” and inserting instead —
“
birds that are declared pests under the Biosecurity and Agriculture Management Act 2007
”.
(4)Section 17B(4) is amended as follows:
(a)by deleting “officer or employee” and inserting instead —
“ agriculture inspector ”;
(b)by deleting “the Board” and inserting instead —
“ the Director General ”.
(5)Section 17B(6) is amended by deleting “officer or employee of the Board” and inserting instead —
“ agriculture inspector ”.
(6)Section 17B(7) is amended by deleting “the Board” in both places where it occurs and inserting instead —
“ the department ”.
(7)Section 17B(8) is amended as follows:
(a)by inserting before the definition of “authority” —
“
“agriculture inspector” means an inspector appointed under the Biosecurity and Agriculture Management Act 2007 section 162;
”;
(b)by inserting after the definition of “Corporate Licence” —
“
“department” means the department principally assisting in the administration of the Biosecurity and Agriculture Management Act 2007;
”;
(c)in the definition of “silencer” by deleting the semicolon and inserting instead a full stop;
(d)by deleting the definition of “subsection”;
(e)by deleting the definition of “the Board”.
38.Plant Pests and Diseases (Eradication Funds) Act 1974 amended
(1)The amendments in this section are to the Plant Pests and Diseases (Eradication Funds) Act 1974*.
[*Reprint 2 as at 12 December 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2)After section 4 the following section is inserted —
“
4A.Authority has functions of Protection Board
(1)On and after the coming into operation of the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 section 34 —
(a)a reference in this Act to the Protection Board is to be taken to be a reference to the Authority; and
(b)the Authority has all of the functions conferred on the Protection Board under this Act.
(2)In this section —
“Authority” means the Western Australian Agriculture Authority established under the Biosecurity and Agriculture Management Act 2007.
”.
39.Public Sector Management Act 1994 amended
(1)The amendment in this section is to the Public Sector Management Act 1994*.
[*Reprint 6 as at 14 May 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 18 of 2005 and 28 of 2006.]
(2)Schedule 2 item 48 is deleted.
Subdivision 2 — Transitional provisions
40.Meaning of terms used in this Subdivision
In this Subdivision —
“Authority” means the Western Australian Agriculture Authority established under the Biosecurity and Agriculture Management Act 2007;
“commencement day” means the day on which section 34 comes into operation;
“Director General” means the chief executive officer of the department principally assisting in the administration of the Biosecurity and Agriculture Management Act 2007;
“former account” means The Agriculture Protection Board Fund referred to in the repealed Act section 9;
“repealed Act” means the Agriculture Protection Board Act 1950.
41.Funds in, or payable to, former account
(1)On the commencement day any moneys standing to the credit of the former account are to be credited to the Consolidated Account and the former account is then to be closed.
(2)The Consolidated Account is to be credited with any money that became payable to the former account before the commencement day and that is paid after that day.
42.Devolution of assets and liabilities
On and after the commencement day —
(a)the assets and rights of the APB that were immediately before that day vested in the APB vest in the Authority by force of this section; and
(b)the liabilities of the APB (including a share of a liability) immediately before that day become, by force of this section, the liabilities of the Authority; and
(c)any proceeding or remedy that immediately before that day might have been brought or continued by or available against or to the APB, may be brought or continued and are available, by or against or to the Authority; and
(d)all records and data of the APB pass to the Authority.
43.Proceeds of sale of certain assets
(1)If any assets vested in the Authority under section 42 that were purchased from moneys in the Declared Plants and Animals Control Fund referred to in the Agriculture and Related Resources Protection Act 1976 section 65 are sold, the proceeds from that sale must be credited to the Declared Pest Account established under the BAM Act.
(2)If any assets vested in the Authority under section 42 that were purchased from moneys in the Skeleton Weed Eradication Fund established by the Plant Pests and Diseases (Eradication Funds) Act 1974 section 5 are sold, the proceeds from that sale must be credited to the prescribed account referred to in section 2(5)(a).
(3)The Authority may certify in writing that a specified asset was, or was not, purchased from moneys in a former account, and such a certificate is conclusive evidence of that fact, unless the contrary is shown.
44.Exemption from State taxation
(1)In this section —
“State tax” includes stamp duty chargeable under the Stamp Act 1921 and any other tax, duty, fee, levy or charge under a law of the State.
(2)State tax is not payable in relation to anything that occurs by reason of this Subdivision.
45.Agreements and instruments generally
Any agreement or instrument subsisting immediately before the commencement day —
(a)to which the APB was a party; or
(b)which contains a reference to the APB,
has effect on and after the commencement day as if —
(c)the Authority were substituted for the APB as a party to the agreement or instrument; and
(d)any reference in the agreement or instrument to the APB were (unless the context otherwise requires) amended to be or include a reference to the Authority.
Despite the repeal of the Agriculture Protection Board Act 1950, where the APB had the benefit of any immunity in respect of an act, matter or thing done or omitted before the commencement day, that immunity continues in that respect for the benefit of the State.
The Registrar of Titles is to take notice of the provisions of this Division and is empowered to record and register in the appropriate manner the necessary documents, and otherwise to give effect to this Division.
The operation of any provision of this Division is not to be regarded —
(a)as a breach of contract or confidence or otherwise as a civil wrong; or
(b)as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or
(c)as giving rise to any remedy by a party to an instrument or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any assets, right or liability; or
(d)as causing any contract or instrument to be void or otherwise unenforceable; or
(e)as releasing or allowing the release of any surety.
Division 8 — Argentine Ant Act 1968
The Argentine Ant Act 1968 is repealed.
Division 9 — Artificial Breeding of Stock Act 1965
The Artificial Breeding of Stock Act 1965 is repealed.
51.Constitution Acts Amendment Act 1899 amended
(1)The amendment in this section is to the Constitution Acts Amendment Act 1899*.
[*Reprint 14 as at 21 April 2006.
For subsequent amendments see Acts Nos. 5 and 28 of 2006.]
(2)Schedule V Part 3 is amended by deleting “The Artificial Breeding Board constituted under the Artificial Breeding Board Act 1965.”.
Division 10 — Beekeepers Act 1963
The Beekeepers Act 1963 is repealed.
Division 11 — Cattle Industry Compensation Act 1965
The Cattle Industry Compensation Act 1965 is repealed.
54.Sentencing Act 1995 amended
(1)The amendment in this section is to the Sentencing Act 1995*.
[*Reprint 4 as at 12 August 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 25 of 2005.]
(2)Schedule 1 is amended by deleting the item relating to the Cattle Industry Compensation Act 1965.
(1)The amendment in this section is to the Stamp Act 1921*.
[*Reprint 16 as at 12 May 2006.
For subsequent amendments see Act No. 31 of 2006.]
(2)The Second Schedule item 3 is deleted.
Subdivision 2 — Transitional provisions
56.Meaning of terms used in this Subdivision
In this Subdivision —
“commencement day” means the day on which section 53 comes into operation;
“former account” means the Cattle Industry Compensation Fund established under the repealed Act section 21;
“repealed Act” means the Cattle Industry Compensation Act 1965.
57.Compensation claims made before repeal
Despite section 53, an application for compensation under the repealed Act that arose but that was not fully dealt with before the commencement day is to be dealt with under the repealed Act as if the Act had not been repealed.
58.Funds in, or payable to, former account
(1)On the commencement day any moneys standing to the credit of the former account are to be credited to an account established for the cattle industry under the BAM Act section 141 to be applied —
(a)in the payment of compensation payable on an application referred to in section 57 made under the repealed Act; and
(b)in the payment of any liabilities of the former account which arose before the commencement day; and
(c)for the purposes set out in the regulations under the BAM Act section 141 establishing the account for the cattle industry,
and the former account is then to be closed.
(2)The account established for the cattle industry under the BAM Act section 141 is to be credited with any money that became payable to the former account before the commencement day and that is paid after that day.
59.Reference to former account
If in an agreement, instrument or other document there is a reference to the former account, that reference is, unless the context otherwise requires, to be read and have effect on and after the commencement day as if it were a reference to the account established under the BAM Act section 141 for the cattle industry.
Division 12 — Fertilizers Act 1977
The Fertilizers Act 1977 is repealed.
61.Consumer Affairs Act 1971 amended
(1)The amendment in this section is to the Consumer Affairs Act 1971*.
[*Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2)The Schedule is amended by deleting “Fertilizers Act 1977.”.
Division 13 — Plant Diseases Act 1914
Subdivision 1 — Repeal and consequential amendments
The Plant Diseases Act 1914 is repealed.
63.Agricultural Produce Commission Act 1988 amended
(1)The amendment in this section is to the Agricultural Produce Commission Act 1988*.
[*Reprinted as at 5 April 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2)After section 12 the following section is inserted —
“
12A.Powers of officers, employees and other persons
(1)Any officers, employees and other persons employed or engaged under section 12(2) by a producers’ committee established to administer a fruit fly foliage baiting scheme may, when authorised by the producers’ committee, enter any orchard within the specified area to bait or spray all or any of the fruit trees and fruit vines in the manner and with the materials determined by the producers’ committee.
(2)A person must not enter an orchard under subsection (1) unless —
(a)the person has taken reasonable steps to give the owner or occupier of the orchard notice of the intended entry; or
(b)the owner or occupier of the orchard consents to the entry.
(3)The notice must specify the purpose for which the entry is required and successive entries for that purpose are to be regarded as entries to which the notice relates.
(4)The notice must be given not less than 24 hours before the power of entry is exercised.
(5)In subsection (1) —
“orchard” means any land used for the purpose of growing or cultivating plants, and includes any garden, farm, vinery, vineyard, and hothouse, any place where any plant is cultivated or where any plant which has been cultivated is growing;
“specified area” means the portion of the State specified in a notice under section 11(1)(a)(ii) in relation to which the producers’ committee is established.
”.
64.Consumer Affairs Act 1971 amended
(1)The amendment in this section is to the Consumer Affairs Act 1971*.
[*Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2)The Schedule is amended by deleting “Plant Diseases Act 1914.”.
Subdivision 2 — Savings and transitional provisions
65.Meaning of terms used in this Subdivision
In this Subdivision —
“commencement day” means the day on which section 62 comes into operation;
“former account” means the Plant Diseases Modified Penalties Revenue Fund referred to in the repealed Act section 35AA;
“repealed Act” means the Plant Diseases Act 1914.
66.Funds in, or payable to, former account
(1)On the commencement day any moneys standing to the credit of the former account are to be credited to the Modified Penalties Revenue Account established under the BAM Act to be applied —
(a)in the payment of any liabilities of the former account which arose before the commencement day; and
(b)for the purposes set out in the BAM Act section 149,
and the former account is then to be closed.
(2)The Modified Penalties Revenue Account established under the BAM Act is to be credited with any money that became payable to the former account before the commencement day and that is paid after that day.
67.Reference to former account
If in an agreement, instrument or other document there is a reference to the former account, that reference is, unless the context otherwise requires, to be read and have effect on and after the commencement day as if it were a reference to the Modified Penalties Revenue Account established under the BAM Act.
Division 14 — Plant Pests and Diseases (Eradication Funds) Act 1974
The Plant Pests and Diseases (Eradication Funds) Act 1974 is repealed.
69.Bulk Handling Act 1967 amended
(1)The amendments in this section are to the Bulk Handling Act 1967*.
[*Reprint 4 as at 5 December 2003.]
(2)Section 34D is repealed and the following section is inserted instead —
“
34D.Company authorised to pay certain statutory contributions
(1)The Company is authorised, without further authority than this section, to pay, in accordance with the provisions of —
(a)the Plant Pests and Diseases (Eradication Funds) Act 1974; or
(b)regulations made for the purposes of the Biosecurity and Agriculture Management Act 2007 section 141,
the amount of any contribution for which a person who has delivered any grain or seed to the Company appears to be liable under those provisions.
(2)The amount of a contribution so paid —
(a)is a debt due to the Company by the person in respect of whom it is paid; and
(b)is a first charge in priority to all claims on the moneys payable to that person in respect of grain and seed, other than a charge created under any other section.
(3)Payment of an amount under subsection (1) operates to discharge the person from liability for that amount.
”.
(3)Section 51(1)(aa) is amended by deleting “the contribution paid by the Company in respect of a grower under the Plant Pests and Diseases (Eradication Funds) Act 1974” and inserting instead —
“
a contribution paid by the Company in respect of a person in accordance with a written law referred to in section 34D(1)
”.
Subdivision 2 — Transitional provisions
70.Meaning of terms used in this Subdivision
In this Subdivision, unless the contrary intention appears —
“commencement day” means the day on which section 68 comes into operation;
“grain and seed crops account” means the prescribed account referred to in section 2(5)(a);
“repealed Act” means the Plant Pests and Diseases (Eradication Funds) Act 1974.
71.Compensation claims made before repeal
(1)Despite section 68, an application for compensation under the repealed Act that arose but was not fully dealt with before the commencement day is to be dealt with under the repealed Act as if that Act had not been repealed.
(2)The amount of any compensation payable on a claim referred to in subsection (1) is to be paid from the grain and seed crops account.
72.Transfer and payment of skeleton weed moneys to relevant account
(1)On and after the commencement day —
(a)all moneys standing to the credit of the Skeleton Weed Eradication Fund established by the repealed Act section 5 (the “Fund”) are to be credited to the grain and seed crops account, and the Skeleton Weed Eradication Fund is then to be closed; and
(b)any contribution that —
(i)immediately before the commencement day is in the hands of a receiver under the repealed Act for payment to the Fund; or
(ii)after the commencement day is deducted as mentioned in subsection (2),
is to be paid to the grain and seed crops account.
(2)Sections 12 and 16 of the repealed Act are taken to continue to apply after the commencement day in respect of any contribution that was required to be, but that was not actually, deducted before that day.
73.Application of other Funds under the repealed Act
(1)This section applies to any moneys that after the commencement day are standing to the credit of —
(a)the Resistant Grain Insects Eradication Fund established by the repealed Act section 8A; or
(b)the Plant Diseases Eradication Fund established by the repealed Act section 8D.
(2)On the commencement day any moneys referred to in subsection (1) are to be credited to the grain and seed crops account, and the funds referred to in subsection (1)(a) and (b) are then to be closed.
The Seeds Act 1981 is repealed.
75.Consumer Affairs Act 1971 amended
(1)The amendment in this section is to the Consumer Affairs Act 1971*.
[*Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2)The Schedule is amended by deleting “Seeds Act 1981.”.
Division 16 — Stock Diseases (Regulations) Act 1968
The Stock Diseases (Regulations) Act 1968 is repealed.
77.Auction Sales Act 1973 amend
(1)The amendments in this section are to the Auction Sales Act 1973*.
[*Reprinted as at 10 June 1999.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1.]
(2)Section 30(3) is amended by deleting “person appointed as an inspector for the purposes of the Stock Diseases (Regulations) Act 1968” and inserting instead —
“
inspector appointed under the Biosecurity and Agriculture Management Act 2007
”.
(3)Section 30(4) is amended by deleting “A person appointed as an inspector for the purposes of the Stock Diseases (Regulations) Act 1968” and inserting instead —
“
An inspector appointed under the Biosecurity and Agriculture Management Act 2007
”.
(4)Section 32(1) is amended by deleting “referred to in section 46 of the Stock (Identification and Movement) Act 1970.” and inserting instead —
“
issued under regulations made under the Biosecurity and Agriculture Management Act 2007.
”.
78.Cattle Industry Compensation Act 1965 amended
(1)The amendments in this section are to the Cattle Industry Compensation Act 1965*.
[*Reprint 3 as at 4 November 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2)Section 6 is amended as follows:
(a)by deleting the definition of “Chief Inspector” and inserting instead —
“
“Chief Inspector” means —
(a)before the coming into operation of the Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 section 76, the person for the time being holding the office of Chief Inspector of Stock under the Stock Diseases (Regulations) Act 1968; and
(b)after the coming into operation of that section, an inspector appointed by the Director General to the office of Chief Inspector of Stock for the purposes of this Act;
”;
(b)in the definition of “disease” by deleting “, within the meaning of the Stock Diseases (Regulations) Act 1968,”;
(c)in the definition of “specified disease” by deleting “within the meaning of the Stock Diseases (Regulations) Act 1968,”.
Division 17 — Stock (Identification and Movement) Act 1970
The Stock (Identification and Movement) Act 1970 is repealed.
80.Soil and Land Conservation Act 1945 amended
(1)The amendment in this section is to the Soil and Land Conservation Act 1945*.
[*Reprint 7 as at 19 May 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2)The Schedule is amended by deleting “Stock (Identification and Movement) Act 1970”.
Subdivision 2 — Transitional provision
(1)In this section —
“commencement day” means the day on which section 79 comes into operation;
“repealed Act” means the Stock (Identification and Movement) Act 1970.
(2)Any stock that was, immediately before the commencement day, duly branded with a brand registered under the repealed Act, is, for the purposes of the BAM Act, to be taken to be duly identified with an identifier under the BAM Act.
(3)If a person was, immediately before the commencement day, the registered owner of a brand registered under the repealed Act —
(a)that brand is to be regarded, for the purposes of the BAM Act, as a registered identifier; and
(b)that person is to be regarded, for the purposes of the BAM Act, as the registered owner of that identifier.
(4)Subsections (2) and (3) apply, with such modifications and adaptations as are necessary, to earmarks registered under the repealed Act.
(5)A registration referred to in this section, unless sooner cancelled or re‑registered under the BAM Act, expires 5 years after the date of registration or re‑registration, as the case may be, under the repealed Act.
Division 18 — Veterinary Chemical Control and Animal Feeding Stuffs Act 1976
The Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 is repealed.
83.Consumer Affairs Act 1971 amended
(1)The amendment in this section is to the Consumer Affairs Act 1971*.
[*Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2)The Schedule is amended by deleting “Veterinary Chemical Control and Animal Feeding Stuffs Act 1976.”.
Part 3 — Amendments consequential to enactment of Biosecurity and Agriculture Management Act 200
(1)The amendments in this section are to the Animal Welfare Act 2002*.
[*Act No. 33 of 2002.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2)Section 26(2) is repealed and the following section is inserted instead —
“
(2)In this section —
“stock” has the meaning given to that term in the Biosecurity and Agriculture Management Act 2007 section 6.
”.
85.Cattle Industry Compensation Act 1965 amended
(1)The amendments in this section are to the Cattle Industry Compensation Act 1965*.
[*Reprint 3 as at 4 November 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2)Section 6 is amended by deleting the definition of “inspector” and inserting instead —
“
“inspector” means an inspector appointed under the Biosecurity and Agriculture Management Act 2007 section 162;
”.
(3)Section 19(b) is amended by deleting “the Stock Diseases (Regulations) Act 1968” and inserting instead —
“ the Biosecurity and Agriculture Management Act 2007 ”.
(4)Section 25 is repealed.
86.Consumer Affairs Act 1971 amended
(1)The amendment in this section is to the Consumer Affairs Act 1971*.
[*Reprint 5 as at 16 June 2006.
For subsequent amendments see Act No. 28 of 2006.]
(2)The Schedule is amended by inserting in the appropriate alphabetical position —
“ Biosecurity and Agriculture Management Act 2007. ”.
87.Country Areas Water Supply Act 1947 amended
(1)The amendments in this section are to the Country Areas Water Supply Act 1947*.
[*Reprint 7 as at 7 April 2006.
For subsequent amendments see Acts Nos. 25 of 2005 and 28 of 2006.]
(2)Section 12C(1)(c) is amended by deleting “the Agriculture and Related Resources Protection Act 1976” and inserting instead —
“ the Biosecurity and Agriculture Management Act 2007 ”.
88.Exotic Diseases of Animals Act 1993 amended
(1)The amendments in this section are to the Exotic Diseases of Animals Act 1993*.
[*Reprint 1 as at 23 January 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1.]
(2)Section 4(1) is amended as follows:
(a)in the definition of “inspector” by deleting paragraph (d) and inserting instead —
“
(d)an inspector appointed under the Biosecurity and Agriculture Management Act 2007 section 162;
”;
(b)in the definition of “officer” by deleting paragraph (d) and inserting instead —
“
(d)an inspector as that term is defined in the Biosecurity and Agriculture Management Act 2007, other than a police officer;
”.
(3)Section 6(6) is repealed.
(4)After section 28 the following Division is inserted —
“
Division 3 — Stock on Crown land
28A.Control of stock on Crown land in proclaimed areas
(1)In this section —
“Crown land” means land other than —
(a)land alienated from the Crown; or
(b)land that the Crown has lawfully agreed to alienate; or
(c)land held under a lease lawfully granted by the Crown;
“stock” has the meaning given to that term in the Biosecurity and Agriculture Management Act 2007.
(2)If it appears to the Governor that it is necessary or expedient to do so for the purpose of preventing the spread of an exotic disease or to eradicate or control an exotic disease in a part of the State, the Governor may by proclamation declare that this section applies to and in relation to the part of the State specified in the proclamation.
(3)If a proclamation made under subsection (2) is in force in relation to a part of the State, then despite any other provision of this Act or any other Act or law to the contrary —
(a)the property in and right to possession of any stock that are on Crown land in the part of the State specified in the proclamation vest in the Crown; and
(b)the Minister may give such directions as the Minister thinks fit in relation to the treatment, or disposal, or both the treatment and disposal, of the stock; and
(c)no compensation is payable by or on behalf of the Crown by reason of the operation of this section.
(4)A proclamation made under subsection (2) —
(a)must specify the day from which it is to take effect, being a day not earlier than 30 days after the publication of the proclamation in the Gazette; and
(b)may be varied or revoked by further proclamation made by the Governor.
”.
(5)Section 60(3) is amended by inserting after “Stock Diseases (Regulations) Act 1968” —
“
, as in force immediately before the coming into operation of the Biosecurity and Agriculture Management Act 2007,
”.
89.Fish Resources Management Act 1994 amended
(1)The amendments in this section are to the Fish Resources Management Act 1994*.
[*Reprint 2 as at 11 March 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No.28 of 2006.]
(2)Section 4(1) is amended by deleting the definition of “noxious fish”.
(3)Part 9 is repealed.
(4)Section 193 is amended as follows:
(a)by inserting “or” after paragraph (f);
(b)by deleting paragraph (g) and “or” after it.
(5)Section 220 is amended as follows:
(a)by inserting “or” after paragraph (b);
(b)by deleting paragraph (c) and “or” after it;
(c)in paragraph (d) by deleting “, (b) or (c)” and inserting instead —
“ or (b) ”.
(6)Section 222(1) is amended by inserting after “regulations” —
“
or the Biosecurity and Agriculture Management Act 2007
”.
(7)Section 224(1)(a) is amended by inserting after “Act” —
“
or the Biosecurity and Agriculture Management Act 2007
”.
(8)Section 258(i) is deleted.
90.Land Administration Act 1997 amended
(1)The amendments in this section are to the Land Administration Act 1997*.
[*Reprint 2 as at 24 June 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Acts Nos. 18, 25, 38 of 2005 and 28 of 2006.]
(2)Section 111(3) is amended by deleting “declared animals and declared plants on the land under the lease in compliance with the Agriculture and Related Resources Protection Act 1976” and inserting instead —
“
declared pests on the land under the lease in compliance with the Biosecurity and Agriculture Management Act 2007
”.
(3)Section 112(2) is amended by deleting “declared animals and declared plants” and inserting instead —
“ declared pests ”.
(4)Section 117(a) is deleted and the following paragraph is inserted instead —
“
(a)the Biosecurity and Agriculture Management Act 2007;
”.
91.Local Government (Miscellaneous Provisions) Act 1960 amended
(1)The amendments in this section are to the Local Government (Miscellaneous Provisions) Act 1960*.
[*Reprint 7 as at 16 September 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 38 of 2005.]
(2)Section 474(7) is amended by deleting “, brand it with the brands, on the portions, and in the order, prescribed by the Brands Act 1904, in such manner as to show that the brand is the last brand at the time imprinted on the beast.” and inserting instead —
“
label it with an identifier in accordance with the Biosecurity and Agriculture Management Act 2007.
”.
92.Plant Pests and Diseases (Eradication Funds) Act 1974 amended
(1)The amendments in this section are to the Plant Pests and Diseases (Eradication Funds) Act 1974*.
[*Reprint 2 as at 12 December 2003.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2)Section 4(1) is amended as follows:
(a)by deleting the definition of “inspector” and inserting instead —
“
“inspector” means an inspector appointed under the Biosecurity and Agriculture Management Act 2007;
”;
(b)by deleting the definition of “resistant grain insects” and inserting instead —
“
“resistant grain insects” means insects that belong to a class of animals designated under subsection (3);
”.
(3)After section 4(2) the following subsection is inserted —
“
(3)The Minister may, for the purposes of the definition of “resistant grain insects” in subsection (1), by notice published in the Gazette —
(a)designate any class of insects that —
(i)have a detrimental effect on grain; and
(ii)the Protection Board believes, on the basis of reasonable evidence available to it, have a resistance to insecticides that are in general use to such an extent as to render those insecticides inadequate for the eradication of those insects;
and
(b)amend or revoke a designation made under this subsection.
”.
(4)Section 9(2b) is amended by deleting “the Plant Diseases Act 1914” and inserting instead —
“ the Biosecurity and Agriculture Management Act 2007 ”.
(5)Section 13(1) is amended by deleting “the Agriculture and Related Resources Protection Act 1976 or Plant Diseases Act 1914” and inserting instead —
“ the Biosecurity and Agriculture Management Act 2007 ”.
(6)Section 13(4) is amended by deleting “the Agriculture and Related Resources Protection Act 1976 or Plant Diseases Act 1914” and inserting instead —
“ the Biosecurity and Agriculture Management Act 2007 ”.
(7)Section 13(6) is amended by deleting “the Agriculture and Related Resources Protection Act 1976 or Plant Diseases Act 1914” and inserting instead —
“ the Biosecurity and Agriculture Management Act 2007 ”.
(8)Section 14(2)(a) is amended by deleting “the Agriculture and Related Resources Protection Act 1976” and inserting instead —
“ the Biosecurity and Agriculture Management Act 2007 ”.
(9)Section 14(3)(a) is amended by deleting “the Agriculture and Related Resources Protection (Property Quarantine) Regulations 1981 made under the Agriculture and Related Resources Protection Act 1976” and inserting instead —
“ the Biosecurity and Agriculture Management Act 2007 ”.
(1)The amendments in this section are to the Poisons Act 1964*.
[*Reprint 6 as at 10 September 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2)Section 32(c) is amended by deleting “by section 69 of the Agriculture and Related Resources Protection Act 1976 or section 8(2) of the Agriculture Protection Board Act 1950” and inserting instead —
“
under the Biosecurity and Agriculture Management Act 2007
”.
94.Taxation Administration Act 2003 amended
(1)The amendment in this section is to the Taxation Administration Act 2003*.
[*Reprint 1 as at 14 October 2005.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 38 of 2005.]
(2)After section 3(1)(j) the following paragraphs are inserted —
“
(ja)the Biosecurity and Agriculture Management Act 2007 Part 6 Division 1 Subdivision 2;
(jb)the Biosecurity and Agriculture Management Rates and Charges Act 2007;
”.
95.Wildlife Conservation Act 1950 amended
(1)The amendments in this section are to the Wildlife Conservation Act 1950*.
[*Reprint 6 as at 3 September 2004.
For subsequent amendments see Western Australian Legislation Information Tables for 2005, Table 1, and Act No. 28 of 2006.]
(2)Section 6(5) is amended by deleting “a declared plant within the meaning of the Agriculture and Related Resources Protection Act 1976” and inserting instead —
“
a declared pest as that term is defined in the Biosecurity and Agriculture Management Act 2007
”.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
aerial spraying19(1)
APB3
assets3
authorisation4(1)
BAM Act3
commencement day12, 24, 30, 40, 56, 65, 70, 81(1)
Director General3, 40
former account24, 30, 40, 56, 65
former holder12
Fund72(1)
grain and seed crops account70
liability3
Ministerial Body12, 40
repealed Act12, 19(1), 24, 30, 40, 56, 65, 70, 81(1)
right3
specified5(4)
spray drift19(1)
State tax44(1)