Exotic Diseases in Animals Regulation 1998

1Short title

This regulation may be cited as the Exotic Diseases in Animals Regulation 1998 .

2Animal product

Animal blood is an animal product for the Act, schedule 2, definition animal product.

s 2 amd 2007 SL No. 77 s 14

3Exotic diseases

Each disease mentioned in the schedule is prescribed for the Act, schedule 2, definition exotic disease.

s 3 sub 2002 SL No. 292 s 7

4Protective clothing

(1)This section applies if a person is entering, leaving or moving within infected premises, a restricted area, a standstill zone or a control area.

(2)To control, eradicate or prevent the spread of an exotic disease, an inspector may order the person to wear protective outer clothing and footwear that is readily cleansed and disinfected.

(3)The person must comply with the order unless the person has a reasonable excuse for not complying with it.

Maximum penalty—80 penalty units or 6 months imprisonment.

5Order to cleanse or disinfect under Act, ss 12 or 19

(1)This section applies if an inspector gives an order under sections 12 (1) or 19 (1) of the Act to cleanse or disinfect something.

(2)The inspector may give the order either orally or in writing.

(3)If the order is written, it must be in the approved form, describe what must be cleansed or disinfected, and state the following—

(a)the way the cleansing or disinfection must be done;

(b)the nature and concentration of any disinfectant that must be used;

(c)where the cleansing or disinfection must take place;

(d)when the cleansing or disinfection must be finished.

(4)If the order is given orally, the inspector must, as soon as practicable after giving the order, confirm the order by written notice given to the person.

6Other orders under Act, s 12 (1) (a) (i)

(1)This section applies if an inspector gives an order under section 12 (1) (a) (i) of the Act, other than an order to cleanse or disinfect something.

(2)The inspector may give the order either orally or in writing.

(3)If the order is written, it must be in the approved form and state the following—

(a)the name of the person to whom the order is given;

(b)the thing that must be done;

(c)when the person must comply with the order;

(d)if appropriate—how and where the person must comply with the order.

(4)If the order is given orally, the inspector must, as soon as practicable after giving the order, confirm the order by written notice given to the person.

7Orders for destruction under Act, s 12 (1) (a) (iii)

(1)This section applies if an inspector gives an order under section 12 (1) (a) (iii) of the Act to destroy something.

(2)The order must be in the approved form, describe what is to be destroyed, and state—

(a)the name of the owner of the thing; and

(b)how and where the owner must comply with the order; and

(c)when the owner must comply with the order.

8Orders appointing entry or exit places under Act, s 19 (1A) (c)

(1)This section applies if an inspector gives an order under section 19 (1A) (c) of the Act.

(2)The inspector may give the order either orally or in writing.

(3)If the order is written, it must—

(a)be in the approved form; and

(b)describe the animal, animal carcass, animal product, animal pathogen or biological preparation to which the order relates; and

(c)state the—

(i)name of the person to whom the order is given; and

(ii)appointed place of entry to or exit from the control area.

(4)If the order is given orally, the inspector must, as soon as practicable after giving the order, confirm the order by written notice given to the person.

9Prescribed manner for destruction or removal—Act, s 22 (1A)

For section 22 (1A) of the Act, the prescribed manner of destruction or removal is any manner under the Australian Veterinary Emergency Plan, Operational Procedures Manual, Destruction of Animals as approved by the Agriculture and Resource Management Council of Australia and New Zealand.

Editor’s note—

A copy of the manual is available for inspection at the department’s office at 80 Ann Street, Brisbane during office hours.

pt hdg ins 2002 SL No. 292 s 8

9AAppointment of inspectors—Act, s 19A

(1)Each of the following classes of persons is declared to be an approved class of persons for section 19A of the Act—

(a)persons appointed under the Animal Care and Protection Act 2001 as authorised officers or inspectors;

(b)authorised persons within the meaning of the Disaster Management Act 2003 , section 113;

(c)security officers licensed under the Security Providers Act 1993 ;

(d)the following persons who are retired—

(i)inspectors of stock;

(ii)defence force personnel;

(iii)police officers;

(iv)veterinary surgeons;

(e)persons appointed or otherwise authorised under the law of a place outside the State—

(i)to act as an inspector of stock or police officer, or its equivalent, in the place; or

(ii)to practise veterinary science in the place;

(f)persons who hold a degree or diploma in veterinary science of a university or other body, and who teach veterinary science at a university or veterinary school;

(g)veterinary science students;

(h)police officers.

(2)In this section—

defence force personnel means members within the meaning of the Defence Act 1903 (Cwlth).

Editor’s note—

Defence Act 1903 (Cwlth), section 4 (Interpretation)—

member—includes any officer, sailor, soldier and airman.

inspector of stock means a person appointed as an inspector of stock under the Stock Act 1915 .

police officer means a police officer appointed under the Police Service Administration Act 1990.

veterinary science has the meaning given under the Veterinary Surgeons Act 1936 , section 2A.

veterinary science student means a person undertaking study to obtain a degree or diploma accredited by the Australasian Veterinary Boards Council Incorporated.

veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936 .

s 9A ins 2002 SL No. 292 s 8

amd 2007 SL No. 77 s 15; 2007 SL No. 234 s 3

9BPrescribed power of inspector—Act, s 20 (1) (r)

(1)This section applies if, under part 2 of the Act, an inspector is treating or testing, or has treated or tested, an animal of the family Equidae for equine influenza.

Examples of animals of the family Equidae—

horses, ponies, donkeys, mules and zebras

(2)The inspector may microchip the animal for the purpose of identifying it.

(3)In this section—

microchip, the animal, means to attach to or insert into the animal an electronic microchip or other electronic device from which information about the animal is capable of being reproduced.

s 9B ins 2007 SL No. 244 s 3

10Application

An application for compensation under the Act must be in the approved form and made to—

(a)the chief executive; or

(b)a government veterinary officer; or

(c)an inspector.

11Notice of application to QCAT

(1)The Minister must give an applicant for compensation written notice if, under section 33 (1) of the Act, the Minister and the applicant can not agree about—

(a)the market value of the animal or property; or

(b)the appointment of a valuer; or

(c)the amount fixed by a valuer as the value of the animal or property.

(2)The notice must state—

(a)that the applicant may, within 60 days after receiving the notice, apply to QCAT for the market value to be fixed by QCAT; and

(b)how to apply.

(3)The time for filing an application under section 33 (2) of the Act is 60 days after the applicant receives the notice under subsection (1).

s 11 amd 1999 SL No. 184 s 15 sch

sub 2009 Act No. 24 s 481

section 3

acarine mite (Acarapis woodii)

African horse sickness

Asian honey bee (Apis cerana)

Asian mite (Tropilaelaps clareae)

Aujeszky’s disease

Australian lyssavirus (including bat lyssavirus)

avian influenza virus

Borna disease

bovine spongiform encephalopathy

Braula fly (Braula coeca)

brucellosis (due to Brucella abortus)

brucellosis (due to Brucella melitensis)

classical swine fever

contagious bovine pleuropneumonia

contagious equine metritis

dourine

east coast fever

Ebola virus

encephalitides (tick borne)

enzootic abortion of ewes (Chlamydophila abortus)

epizootic lymphangitis

equine babesiosis

equine encephalosis

equine influenza

Getah virus disease

glanders

haemorrhagic septicaemia

heartwater

Hendra virus (formerly named equine morbillivirus)

infectious bursal disease (hypervirulent form)

Japanese encephalitis

Jembrana disease

lumpy skin disease

Maedi-Visna

Mediterranean theileriosis (Theileria annulata)

Menangle virus (porcine paramyxovirus)

Middle Eastern Respiratory Syndrome

Nairobi sheep disease

Nipah virus

peste des petits ruminants

porcine epidemic diarrhoea virus

porcine reproductive and respiratory syndrome

Potomac fever

pulmonary adenomatosis

Rift Valley fever

Schmallenberg virus

scrapie

screw worm fly

sheep pox

sheep scab

small hive beetle (Aethina tumida)

surra

swine influenza

Teschen disease

transmissible gastroenteritis

transmissible spongiform encephalopathy

trichinellosis

varroa mite (Varroa destructor)

varroa mite (Varroa jacobsonii)

Wesselsbron disease

Western, Eastern and Venezuelan equine encephalomyelitis

ins 2002 SL No. 292 s 9

amd 2010 SL No. 120 s 3; 2011 SL No. 203 s 3; 2012 SL No. 219 s 4; 2015 SL No. 58 s 3