This regulation may be cited as the Agriculture and Other Legislation Amendment Regulation (No. 1) 2016 .
This regulation commences on 27 May 2016.
This part amends the Agricultural Standards Regulation 1997 .
4Amendment of s 46 (Harmful ingredients)
Section 46(6), definition MRL standard—
omit, insert—MRL standard means the schedule under the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 (Cwlth).
This part amends the Animal Care and Protection Regulation 2012 .
6Amendment of s 5 (Requirement to keep particular records for sows)
(1)Section 5(1)(a) and (b), before ‘farrowing crate’— insert—stall or(2)Section 5(2)— insert—stall has the meaning given by schedule 2, section 1.
7Amendment of sch 2 (Code of practice about pigs)
Schedule 2, before section 13— insert—
8Amendment of sch 2 (Code of practice about pigs)
Schedule 2, after section 13— insert—13ARestrictions on housing pigs in stall
(1) A person may keep a pig in a stall only if the pig is—(a)a pig that is sick, weak or injured; or(b)a sow that has been confirmed pregnant; or(c)a sow or gilt that has been mated; or(d)a boar.For the requirement to release a boar periodically, see section 22.(2) The person in charge of a pig mentioned in subsection (1)(a) to (c) must not keep the pig in the stall—(a)if the pig is a sow that has been confirmed pregnant—for more than a total of 6 weeks during the pregnancy of the sow; or(b)otherwise—for more than a total of 6 weeks starting on the day the pig is confined in the stall.For the requirement to keep particular records for sows, see section 5 of this regulation.(3) Subsection (2) does not apply to a person in charge of a pig kept in a stall if—(a)the pig is under the special care of a person suitably qualified to provide the care; and(b)the pig is removed from the stall as soon as the pig’s good health and wellbeing has been restored.(4) In this section— special care means 1 or more of the following requiring a pig to be confined in a stall for more than 6 weeks—(a)administering an individual nutrition program to promote the pig’s good health and wellbeing;(b)administering a veterinary treatment or a husbandry procedure;(c)providing health management under a herd health program to promote the pig’s good health and wellbeing.13BRestriction on housing pigs in farrowing crate
A person may keep a pig in a farrowing crate only if—(a)the pig is a farrowing sow or a sow suckling piglets; and(b)the pig is placed in the crate no earlier than 7 days before the day the person expects the pig to farrow.For general requirements for farrowing crates used to keep sows, see section 23.
9Amendment of sch 2 (Code of practice about pigs)
Schedule 2, after section 18— insert—
10Amendment of sch 2, s 19 (General requirements for stalls used to keep pigs)
Schedule 2, section 19(1), note— omit, insert—1For restrictions on housing pigs in stalls, see section 13A.2For measurement requirements for indoor stalls for particular pigs, see sections 20 and 21.
11Amendment of sch 2 (Code of practice about pigs)
Schedule 2, after section 22— insert—
This part amends the Animal Management (Cats and Dogs) Regulation 2009 .
13Amendment of s 4 (Requirements for PPIDs—Act, s 12)
(1)Section 4(1), ‘section 12(2)’—
omit, insert—section 12(1)(c)(2)Section 4(2)(a) and (b), ‘PID number’—
omit, insert—PPID number
14Amendment of s 26 (Deciding application)
Section 26, ‘PID legislation’—
omit, insert—PPID legislation
15Amendment of s 33 (Information that is PID information)
Section 33, ‘PID information’—
omit, insert—PPID information
16Amendment of sch 4 (Information that is PID information)
(1)Schedule 4, heading, ‘PID’—
omit, insert—PPID(2)Schedule 4, sections 2(1) and 3, ‘PID’—
omit, insert—PPID
This part amends the Chemical Usage (Agricultural and Veterinary) Control Regulation 1999 .
18Replacement of s 4 (Purpose of pt 3)
Section 4—
omit, insert—This part prescribes, for the schedule of the Act, definition maximum residue limit, paragraph (a), the MRL for the residue of a chemical mentioned in this part in or on agricultural produce.
19Amendment of s 5 (Definitions for pt 3)
Section 5, definition MRL standard—
omit, insert—MRL standard means the schedule under the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 (Cwlth).
Sections 6 to 8—
omit, insert—6MRLs for chemicals for human food commodity—MRL standard
(1)If the MRL standard fixes an MRL (as defined in the standard) for a particular chemical for a particular human food commodity, the MRL is the prescribed MRL for the residue of the chemical in or on the commodity as a human food commodity.(2)If the MRL standard does not fix an MRL (as defined in the standard) for a particular chemical for a particular human food commodity, but fixes an ERL for the chemical for the commodity, the ERL is the prescribed MRL for the residue of the chemical in or on the commodity as a human food commodity.7Other MRLs for chemicals for human food commodity
(1)If the MRL standard does not fix an MRL (as defined in the standard) or ERL for a particular chemical for a particular human food commodity, the prescribed MRL for the residue of the chemical in or on the commodity as a human food commodity is zero.(2)If the MRL standard does not fix an MRL (as defined in the standard) or ERL for a particular chemical for any human food commodities at all, the prescribed MRL for the residue of the chemical in or on each commodity as a human food commodity is zero.(3)However, subsections (1) and (2) do not apply to a chemical if the use of the chemical in relation to the commodity as a human food commodity is allowed under part 2 of the Act.(4)If subsection (3) applies for a particular chemical, no MRL is prescribed for the residue of the chemical in or on a commodity as a human food commodity.8MRLs for chemicals for animal food—sch 2
(1)The prescribed MRL for the residue of a chemical mentioned in schedule 2 in or on animal food is the level stated opposite the name of the chemical in schedule 2.(2)If a particular chemical is not mentioned in schedule 2, no MRL is prescribed for the residue of the chemical in or on animal food.(3)In this section—animal food means agricultural produce intended or normally used for animal consumption.
This part amends the State Penalties Enforcement Regulation 2014 .
22Amendment of sch 1 (Infringement notice offences and fines for nominated laws)
Schedule 1, entry for the Animal Management (Cats and Dogs) Act 2008 , entries for sections 18, 19 and 20—
omit.
This part amends the Stock Identification Regulation 2005 .
24Amendment of schedule (Dictionary)
(1)Schedule—
insert—food standards code means the Australia New Zealand Food Standards Code within the meaning of the Food Standards Australia New Zealand Act 1991 (Cwlth).MRL standard means the schedule under the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 (Cwlth).standard 1.4.1 means ‘Standard 1.4.1—Contaminants and Natural Toxicants’ of the food standards code.(2)Schedule, definition chemical residue status, paragraphs (b) and (c)—
omit, insert—(b)a metal or polychlorinated biphenyl mentioned in standard 1.4.1;(c)a substance mentioned in the MRL standard;
This part amends the Stock Regulation 1988 .
26Amendment of s 5A (Definitions for pt 1A)
(1)Section 5A, definitions MRL standard and standard 1.4.1— omit.(2)Section 5A—
insert—MRL standard means the schedule under the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 (Cwlth).standard 1.4.1 means ‘Standard 1.4.1—Contaminants and Natural Toxicants’ of the food standards code.