2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Territory and Municipal Services Legislation Amendment Bill 2014

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Animal Diseases Act 2005
	4	Section 34	3
Part 3	Domestic Animals Act 2000
	5	Offences against Act—application of Criminal Code etc
Section 4A, note 1	6
	6	Section 81 heading	6
	7	Section 82 heading	6
	8	Dictionary, definition of excluded offence, paragraph (b) (ii)	6
Part 4	Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005
	9	Domestic animals legislation infringement notice offences and penalties
Schedule 1, part 1.1, item 38, column 3	7
Part 5	Public Unleased Land Act 2013
	10	Section 26 heading	8
	11	Section 26 (1) (a)	8
	12	Direction to remove objects from public unleased land
Section 98 (4) (d) (i)	8

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Territory and Municipal Services Legislation Amendment Bill 2014

A Bill for
An Act to amend legislation about territory and municipal services

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Territory and Municipal Services Legislation Amendment Act 2014.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Animal Diseases Act 2005
·	Domestic Animals Act 2000
·	Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005
·	Public Unleased Land Act 2013.

Part 2	Animal Diseases Act 2005
4	Section 34
substitute
34	Feeding of prohibited pig feed to controlled stock
	(1)	A person commits an offence if the person feeds prohibited pig feed to controlled stock.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
approved process includes—
	(a)	rendering in accordance with AS 5008; and
	(b)	a cooking process that ensures that an internal temperature of at least 70°C for at least 30 minutes is reached; and
	(c)	treatment of cooking oil, which has been used for cooking in Australia, in accordance with the National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds.
Note	The National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds is accessible at www.mincos.gov.au. 
AS 5008 means AS 5008 (Hygienic rendering of animal products), as in force from time to time.
Note	AS 5008 may be purchased at www.standards.org.au. 
controlled stock means a pig or an animal declared by regulation to be controlled stock.
feed prohibited pig feed to controlled stock includes—
	(a)	feed, or allow or direct another person to feed, prohibited pig feed to controlled stock; or
	(b)	allow controlled stock to have access to prohibited pig feed; or
	(c)	collect, store or possess prohibited pig feed on premises where controlled stock is kept; or
	(d)	supply to another person prohibited pig feed for feeding controlled stock.
prohibited pig feed means—
	(a)	material of mammalian origin, or any substance that has come in contact with this material; but
	(b)	subject to section 34A, does not include—
	(i)	milk, milk products or milk by-products either of Australian provenance or legally imported for stockfeed use in Australia; or
	(ii)	material containing flesh, bones, blood, offal or mammal carcasses that is treated by an approved process; or
	(iii)	a carcass or part of a domestic pig, born and raised on the property on which the pig or pigs that are administered the carcass or part are held, that is administered for therapeutic purposes in accordance with the written instructions of a veterinary surgeon.
34A	Foot-and-mouth disease outbreak
	(1)	This section applies if there is an outbreak of foot-and-mouth disease in Australia.
	(2)	The Minister may declare that prohibited pig feed includes—
	(a)	milk, milk products or milk by-products either of Australian provenance or legally imported for stockfeed use in Australia; or
	(b)	material containing flesh, bones, blood, offal or mammal carcasses that is treated by an approved process; or
	(c)	a carcass or part of a domestic pig, born and raised on the property on which the pig or pigs that are administered the carcass or part are held, that is administered for therapeutic purposes in accordance with the written instructions of a veterinary surgeon.
	(3)	A declaration is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
	(4)	In this section:
approved process—see section 34.
prohibited pig feed—see section 34.

Part 3	Domestic Animals Act 2000
5	Offences against Act—application of Criminal Code etc
Section 4A, note 1
omit
curfew
substitute
containment
6	Section 81 heading
substitute
81	Declaration of cat containment
7	Section 82 heading
substitute
82	Cats in breach of cat containment
8	Dictionary, definition of excluded offence, paragraph (b) (ii)
omit
curfew
substitute
containment

Part 4	Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005
9	Domestic animals legislation infringement notice offences and penalties
Schedule 1, part 1.1, item 38, column 3
omit
curfew
substitute
containment

Part 5	Public Unleased Land Act 2013
10	Section 26 heading
substitute
26	Offence—place fixed sign on public unleased land without approval
11	Section 26 (1) (a)
before
sign
insert
fixed
12	Direction to remove objects from public unleased land
Section 98 (4) (d) (i)
omit
section 101 (Offence—fail to comply with director-general’s direction)
substitute
section 99 (Offence—fail to comply with removal direction)

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 8 May 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014