41BMinister may declare that offences apply to certain materials specified in section 41(2) and (3)

41B Minister may declare that offences apply to certain materials specified in section 41(2) and (3)

(1) The Minister may declare that any one or more of the paragraphs in section 41(1) apply to any one or more of the kinds of material specified in section 41(2) and (3) if the Minister believes on reasonable grounds that—

(a) there is an imminent threat of the introduction into Victoria of a disease which affects livestock; and

(b) use of the kind or kinds of material specified in the declaration is the cause of the threat or likely to increase the risk of the threat occurring; and

(c) the declaration will reduce the risk of the threat occurring.

(2) The declaration must—

(a) state the grounds on which the Minister has made the declaration; and

(b) specify each paragraph of section 41(1) that must be complied with; and

(c) specify the kind or kinds of material specified in section 41(2) or (3) to which the declaration applies.

(3) A declaration under this section must be published—

(a) in the Government Gazette; and

S. 41B(3)(b) substituted by No. 1/2024 s. 27.

(b) on an approved alternative publication Internet site or an Internet site maintained by the Department.

S. 41B(3)(c) substituted by No. 22/2022 s. 111, repealed by No. 1/2024 s. 27.

(4) A declaration under this section takes effect from the later of—

(a) the date of publication of the declaration in the Government Gazette; or

(b) any date specified in the declaration.

(5) The Minister must revoke a declaration under this section if the Minister no longer holds the belief on reasonable grounds that—

(a) there is an imminent threat of the introduction into Victoria of a disease which affects livestock; and

(b) use of the kind or kinds of material specified in the declaration is the cause of the threat or likely to increase the risk of the threat occurring; and

(c) the declaration will reduce the risk of the threat occurring.

(6) The revocation of a declaration under this section must be published in accordance with the same requirements for publication of the declaration under subsection (3).

Division 2—Sewage farm cattle and pigs

S. 42 substituted by No. 22/2022 s. 112.