Hansard debates

                         LIVESTOCK DISEASE CONTROL BILL
                                 Second reading

  Mr W. D. McGRATH (Minister for  Agriculture) -- I move:
  That this bill be now read a second time.

The  introduction  of this  bill  consolidates five  acts  about  animal disease
control into  one piece of legislation;  provides for the cattle and apicultural
industries  to contribute  funding to industry-initiated  regulatory activities;
implements  mutual  recognition  agreements  by   deregistering  the   partially
regulated occupation of artificial inseminators; implements the national uniform
recommendations  of 1989 on  complementary legislation for the control of exotic
animal diseases;  provides for very  significant  reform of  the  provisions for
cattle  and bee  compensation  and  the regulation  of  the artificial  breeding
industry;  and  provides for  specified  animal  identification  procedures  and
disease reporting requirements.
The need to modernise the legislation covering the control of livestock diseases
is driven by  the  very significant importance  of Australia's position  in  the
world trade in livestock and livestock products and the successful conclusion of
the Uruguay round of GATT negotiations in December 1993.

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The  Uruguay round of GATT  will remove tariffs  and restrictive import barriers
placed  on  the international  trade  in livestock  and  livestock products. Any
future import barriers will need  to  be  based  on  significant risk of disease
entry and on sound scientific quarantine grounds.
The relevance of these developments to Victoria is that the  industry  needs  to
have  greater knowledge of the diseases which occur in our flocks and  herds and
to have definitive information about the absence  of endemic and exotic diseases
which are important to world trade and from which Australia's valuable livestock
industries  need protection. The  major  pandemic  livestock  diseases  such  as
foot-and-mouth disease, rinderpest,  Newcastle disease and classical swine fever
are now  under better control than at  any time during the  past  100 years. Who
would have thought 10  years  ago  that  continental  Europe  would  be  free of
foot-and-mouth disease? This  was achieved in  1992, and only sporadic outbreaks
have been recorded in recent years -- and eradicated.

Adequate flexible legislation is essential for Australia to deal with any future
animal health requirements.
Many of the provisions of the legislation are measures that are contained in the
five acts being consolidated, because this legislation has served Victoria  very
well  over  the past  25 years.  It needs  to be  remembered that  this  century
Victoria has eradicated exotic disease incursions of Newcastle  disease, scrapie
and  avian  influenza, in  the  same period  has  eradicated  contagious  bovine
pleuropneumonia and bovine  brucellosis, and in  the past 25 years  has achieved
the near eradication of bovine tuberculosis.
In the context of these general comments, I wish to make the following  comments
on specific provisions of the bill.
NOTIFICATION OF DISEASES

The  need to be able to accurately report on  the health of our flocks and herds
highlights the  need  for animal  disease  notification to  be  strengthened and
streamlined.  Owners,  meat inspectors,  veterinarians and  laboratory personnel
have  very different levels  of  knowledge about disease.  The provisions in the
bill will only require those who could know about or suspect a disease to report
that knowledge or suspicion.  There are also provisions to prescribe the time in
which  the different  diseases will have to be reported. This is to take account
of the need to immediately report the  suspicion  of  an  exotic disease whereas
next-day or weekly reporting would be more appropriate for other diseases. It is
imperative that  available information is  drawn to the attention of appropriate
authorities  if  prompt  action  is  to  be taken to control or eradicate animal
disease outbreaks.

The proposals for disease  reporting will be based on the principles  underlying
the  reporting of certain human diseases as contained  in the Health (Infectious
Diseases)  Regulations 1992.  Agriculture  Victoria  is  developing  cooperative
arrangements  with  Centaur International  Veterinary Laboratories  and selected
private  veterinary  practitioners  about   the  two-way  transfer   of  disease
information and investigation of disease occurrence.
ANIMAL IDENTIFICATION
The  provision of disease traceback  procedures has become  an  integral part of
disease and residue control programs. To support these traceback procedures, the
requirement to  apply identification to  prescribed livestock,  currently cattle
and pigs has been strengthened by incorporating the provisions in the act.
TESTING FOR DISEASE

The bill contains  new  provisions which will  ensure that testing for  diseases
declared under the act are carried out using  Australian standards test methods.
Laboratories  which are registered  for testing for  declared diseases will have
these   tests  evaluated   regularly   under  quality   assurance  programs  for
performance. The registration process will also  facilitate  the timely delivery
of  information.  Laboratories  carrying out blood counts or  analysing  general
serum  parameters on livestock or examining specimens for diseases of dogs, cats
or livestock  that are not declared as diseases under the bill  will not have to
be registered.
AGREEMENTS WITH OWNERS
The bill  contains provisions for owners  of livestock to enter  into agreements
about  how diseased livestock will be handled until disease is eradicated from a
flock or herd while ensuring against the disease spreading from that property.

The  agreements will provide  greater flexibility to  owners in operating  their
flocks  and herds during disease  control or eradication phases  than that which
applies with the current use of quarantine orders.
EXOTIC DISEASE PROVISIONS
A national  review of Australia's legislation  to deal with incursions of exotic
disease  concluded  in 1989 that there was a need to have  uniform  strengthened
legislation in each of  the states and territories.  Most states and territories
-- except Victoria -- have legislated for the recommendations arising out of the
review.

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The occurrence of an exotic disease, such as foot-and-mouth disease, in Victoria
will  have   a  very  significant  financial  impact  on  our  national  grazing
industries, and very flexible legislation is  required to combat  such outbreaks
to ensure  the rapid elimination of  disease. The powers  and penalties outlined
for the control of exotic diseases have been carefully developed and modelled on
legislation  in  countries where  foot-and-mouth  disease has  been  efficiently
eradicated.  Similarly,  the impact of  rabies occurring in dogs  in urban areas
will require very strict controls on  the movement of animals to prevent further
disease spread and human exposure.
The recent outbreak of a previously unknown horse disease in an area in Brisbane
that was densely  populated with horses required  the powers and  provisions  of
exotic disease legislation to deal with it. The provisions in this  bill address
significant inadequacies in the current legislation.

ARTIFICIAL BREEDING OF LIVESTOCK
The  bill reflects  the  agreements  under  mutual  recognition  to not  require
licensing of artificial inseminators and  for  requirements  on  the  artificial
breeding industry to be based only on measures needed  to control  the spread of
disease.  The new provision makes a very significant deregulation initiative and
reflects the level of control placed on hatching eggs and bees.
COMPENSATION ARRANGEMENTS
There are currently compensation schemes  for exotic diseases,  cattle, bees and
pigs. The pig scheme is held  in abeyance. The cattle and apicultural industries
have sought an extension to their schemes  so  that  finances for regulatory and
health services can be secured from industry.

The bill provides that the industries will  make recommendations to the minister
about  the schemes which should be supported, how they will be financed  and how
and under what circumstances compensation should be paid.
The arrangements for the payment of compensation for  exotic disease reflect the
national  agreements  recently  agreed  to  by  governments  and  the  livestock
industries.
POWERS OF INSPECTORS
The powers of inspectors contained in the bill reflect those currently available
to inspectors of stock although the powers  in  respect  of  exotic diseases are
more ordered  and extensive than currently applies. Although some  of the powers
may be seen by  some people as excessive, it must be  remembered that it is only
in unusual circumstances that most of these powers are exercised.

On average this turns out to be once in every 10 to 20 years.
INDUSTRY CONTRIBUTIONS TO ANIMAL HEALTH PROGRAMS
The bill contains  mechanisms for the apicultural  and cattle industries to make
contributions  to  the activities  needing  to  be carried  out  under the  act.
Unfortunately  similar arrangements could  not  be  negotiated  with  the  other
industries. However, consultations are continuing at the national level with the
livestock industries  generally  to  provide  financial support for state animal
health services. The  framework made available to the bee and  cattle industries
will be made available for the other industries on request.
STATEMENT UNDER SECTION 85(5) OF THE CONSTITUTION ACT

I wish to make a statement under  section 85(5) of the Constitution  Act 1975 of
the reasons for altering or varying that section by this bill. Clause 138 of the
bill is intended to alter or vary section 85 of the Constitution Act 1975 to the
extent necessary to prevent the Supreme Court from entertaining proceedings of a
kind referred to in clauses 105(2) and 106.
Clause 105(2) prevents the institution or continuation of certain proceedings to
prevent  or  restrain the  minister,  the secretary, an  inspector  or any other
person  from undertaking disease  control  activities where  an  outbreak of  an
exotic  disease  has been certified  to  exist. The  reason  for  preventing the
entertaining of these proceedings is to ensure there is no interruption or delay
to activities  necessarily  associated with  controlling and eradicating  exotic
animal diseases.

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Interruptions to disease control programs will lead to further spread of disease
and more hardship to the livestock industries in  general. It will be noted that
a person  is not  prevented from  taking out supreme  or other  court action  to
redress grievances against negligent activities undertaken in control programs.
Clause 106 provides that a person is  not personally liable for anything done in
good  faith when assisting  an inspector in  exercising  powers under the  bill.
Without the protection provided  in  this  clause  persons may not be willing to
assist  inspectors in undertaking control  activities  which  are  necessary  to
prevent  the  introduction or  spread  of livestock  diseases  in Victoria.  The
government will  ensure  that it is in  a position to meet claims  in respect of
losses  incurred or damage suffered as  a result of acts  done  in good faith by
persons assisting inspectors.

I believe the bill meets  all  the requirements of modern animal disease control
legislation. It provides  a framework for animal  disease control into the  next
century.
I commend the bill to the house.
Debate adjourned on motion of Ms MARPLE (Altona).
Debate adjourned until Tuesday, 29 November.