Part 10Miscellaneous

Part 10—Miscellaneous 75—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act. If the person made the statement knowing that it was false or misleading—$10 000; In any other case—$5 000. 76—Statutory declarations If a person is required by or under this Act to furnish information to the Chief Inspector, the Chief Inspector may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the Chief Inspector. 77—Telephone warrants (1) An inspector may apply to a magistrate for a warrant by telephone, facsimile or other prescribed means if the inspector considers the urgency of the situation requires it. (2) The magistrate may complete and sign the warrant in the same terms as for a warrant applied for in person if satisfied that there are reasonable grounds for issuing the warrant urgently. (3) The magistrate must— (a) tell the inspector— (i) the terms of the warrant; and (ii) the date on which and the time at which, the warrant was signed; and (iii) the date on which, and the time at which, the warrant ceases to have effect; and (b) record on the warrant the reasons for granting the warrant. (4) The inspector must— (a) complete a form of warrant in the same terms as the warrant signed by the magistrate; and (b) write on the form— (i) the name of the magistrate; and (ii) the date on which, and the time at which, the warrant was signed; and (c) send the magistrate the completed form of warrant not later than the day after the warrant is executed or ceases to have effect. (5) On receipt of the form of warrant, the magistrate must attach it to the warrant the magistrate signed. (6) A form of warrant completed by an inspector under subsection (4) has the same force as a warrant signed by the magistrate under subsection (2). 78—General defence (1) It is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. (2) This section does not apply in relation to a person who is charged with an offence under section 80. 79—Vicarious liability For the purposes of this Act, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency. 80—Offences by bodies corporate (1) If a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (2) If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that— (a) the director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the director failed to exercise due diligence to prevent the commission of the offence. (3) Subsection (2) does not apply if the principal offence is an offence against section 25, 26A, 28, 35, 53, 54, 62, 69, 70, 72(6) or 75. (4) The regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations. prescribed offence means an offence against section 20, 24, 27(1), 33(5), 37 or 38. 81—Continuing offence (1) A person convicted of an offence against a provision of this Act in respect of a continuing act or omission— (a) is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and (b) is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence. (2) If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement. 82—Extension of period for prosecution and issue of expiation notice (1) Proceedings for an offence against this Act (other than an expiable offence) must be commenced within two years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within five years after that date. (2) In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of a prosecution for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation. (3) Proceedings for a prescribed expiable offence against this Act must be commenced within 2 years of the date on which the offence is alleged to have been committed and, despite section 6 of the Expiation of Offences Act 1996, an expiation notice for such an offence may be given after the expiry of the period of 6 months from the date on which the offence was alleged to have been committed. (4) An expiation notice for a prescribed expiable offence against this Act cannot be given after the expiry of the period of 2 years from the date on which the offence is alleged to have been committed. 83—Recovery of technical costs associated with prosecutions If a person is convicted of an offence against this Act, the court must, on application by the prosecutor, order the convicted person to pay the reasonable costs and expenses incurred in the taking of any samples or the conduct of tests, examinations or analyses in the course of the investigation and prosecution of the offence. 84—Evidence (1) In legal proceedings, an apparently genuine document purporting to be a certificate of the Minister or Chief Inspector certifying— (a) that a person is or was at a specified date an inspector; (b) that a person is or was at a specified date an analyst; (c) that a person or brand was or was not registered under this Act at a specified date or as to the particulars of registration; (d) as to the giving or making and the contents of a notice, certification, order, delegation, exemption or approval under this Act, constitutes proof of the matters so certified in the absence of proof to the contrary. (2) In legal proceedings, an apparently genuine document purporting to be a certificate of an analyst and setting out details as to an analysis carried out by or under the direction of the person and the results of the analysis constitutes proof, in the absence of proof to the contrary, of the matters so certified. (3) An allegation in a complaint— (a) that a person is or was at a specified date the owner or person in control of specified livestock or other property; or (b) that something done was done without the approval of the Chief Inspector, constitutes proof of the matters so alleged in the absence of proof to the contrary. (4) In legal proceedings, proof that a hive was found on premises constitutes proof, in the absence of proof to the contrary, that bees were kept by the occupier of the premises. 85—Service A notice, order or other document to be given or served on a person under this Act may be given or served— (a) by delivering it personally to the person or an agent of the person; or (b) by leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) by posting it to the person or agent of the person at the person's or agent's last known place of residence or business; or (d) by transmitting it by fax transmission or email to the fax number or email address last provided to the Minister or Chief Inspector by the person for the purpose (in which case the notice, order or document will be taken to have been given or served at the time of transmission). 86—Incorporation of codes, standards or other documents (1) A regulation, notice, order or code of practice under this Act may incorporate or operate by reference to a specified code, standard or other document as in force at a specified time or as in force from time to time. (2) If a code, standard or other document is incorporated or referred to— (a) a copy of— (i) the code, standard or other document; and (ii) any document referred to or incorporated in the code, standard or other document, must be kept available for inspection by members of the public, without charge and during normal office hours, at a place determined by the Minister; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document. 87—Gazette notices etc (1) A notice in the Gazette under this Act— (a) may be varied or revoked by subsequent notice in the Gazette; (b) may make different provision according to the matters or circumstances to which it is expressed to apply; (c) may provide that a matter or thing in respect of which the notice may be made is to be determined according to the discretion of the Minister, the Chief Inspector or an inspector. (2) A reference in this section to a notice in the Gazette includes a notice referred to in section 33(2a) and section 37(2b). 88—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) require, regulate or restrict the identification of livestock or other property by tags, brands, implanted microchips or other means; (b) require waybills or other documents to accompany livestock whenever they are moved from one place to another and empower inspectors to detain and deal with livestock not accompanied by the required documents; (c) prohibit or regulate the possession and use of vaccines, diagnostic reagents or diagnostic assays intended for use on or in relation to livestock or native or feral animals; (d) regulate the use of hormonal growth promotants on livestock and the making of declarations and the keeping of records about their use; (da) prescribe standards for stock food or constituents of stock food (including standards prohibiting a substance from being added to or used as stock food or specifying the amount of a substance that may be contained in stock food); (db) prohibit or regulate the manufacture, packaging, labelling, sale or supply of stock food; (dc) prohibit the feeding of livestock with particular products or substances or otherwise regulate the feeding of livestock; (e) fix fees (which may vary according to different factors) to be paid in respect of any matter under this Act and provide for the recovery, refund, waiver or reduction of such fees; (f) exempt a class of persons or livestock or other property from the application of this Act or a specified provision of this Act unconditionally or subject to specified conditions; (g) impose fines not exceeding $10 000 for offences against the regulations; (h) fix expiation fees not exceeding $500 for alleged offences against the regulations. (3) Regulations under this Act— (a) may be of general application or limited application; (b) may make different provision according to the matters or circumstances to which they are expressed to apply; (c) may provide that a matter or thing in respect of which the regulations may be made is to be determined according to the discretion of the Minister, the Chief Inspector or an inspector; (d) may make provisions of a savings or transitional nature. (4) The regulations may confer jurisdiction on the Tribunal to review any determination made under the regulations.