s 1Short title

This Act may be cited as the Exotic Diseases of Animals Act 1993.

s 2Commencement

This Act shall come into operation on a date to be fixed by proclamation.

s 3Objects of Act

The objects of this Act are —

(a)

to safeguard the public in relation to, and to secure —

(i)

the eradication; and

(ii)

the control; and

(iii)

the prevention of the spread; and

(iv)

the mitigation of the effects,

of, any exotic disease of animals; and

(b)

to establish the obligation of persons to report outbreaks of exotic disease; and

(c)

to provide for the quarantining of animals, and of animal products, suspected of infection; and

(d)

to provide for —

(i)

the identification of; and

(ii)

the regulation of movement into, within or from; and

(iii)

the cleansing and disinfection of,

any land, place, premises or vehicle suspected to be infected; and

(e)

to provide for —

(i)

the declaration of any land, place or premises as an infected area, a restricted area or a controlled area; and

(ii)

the declaration of a vehicle as an infected vehicle,

as may be necessary; and

(f)

to require the destruction of animals, premises or things suspected to be infected and which cannot be effectively disinfected, and for the payment of compensation for that destruction; and

(g)

to prohibit or regulate the possession, or use, of any exotic disease agent; and

(h)

to make provision for the requisitioning of land, buildings, accommodation, goods and services needed for the purpose of this Act, and for the payment of the expense and for compensation, in relation to such requisitioning; and

(i)

to prescribe the functions of inspectors and other officers; and

(j)

to make incidental provision.

s 4Terms used, and application to certain diseases

(1)

In this Act, unless the contrary intention appears —

Account means the Exotic Diseases of Animals (Compensation and Eradication) Account established under section 44;

animal means any mammal (other than man), bird, insect, amphibian, fish, reptile, arthropod, crustacean, mollusc or other member of the animal kingdom, whether alive or dead, and includes —

(a)

the egg, embryo, ova, or sperm of an animal; and

(b)

any animal product or other thing from which another animal could be produced;

animal product means —

(a)

the hide, skin, hair, wool, feathers, shell, horn or hoof of an animal; and

(b)

any meat, fat, milk, whey, cream, butter, cheese, eggs or other food or foodstuffs derived from an animal; and

(c)

any part of the viscera of an animal; and

(d)

any —

(i)

bone or blood; or

(ii)

dung, urine or other excrement,

of an animal, or any article or substance derived from it; and

(e)

any tissue or secretion of any animal; and

(f)

any product or biological preparation prepared, made or derived from any animal tissue or animal secretion; and

(g)

any manure, fertilizer or other article or substance derived from an animal, whether or not in combination with any other article or substance; and

(h)

any other article, substance or thing that is declared by the Minister, by order published in the Gazette, to be an animal product for the purposes of this Act,

but does not include any article, substance or thing so treated as to destroy any exotic disease agent;

boundary variation order means an order made under section 36;

Chief Veterinary Officer means the person holding or acting in the office of Chief Veterinary Officer of the Department;

compensation order means an order made under section 47(1);

controlled area means a place, premises or other area declared under section 40;

controlled area order means an order made under section 40(1);

control order means an order made under section 40(3);

declared area means an infected area, infected vehicle, restricted area, or controlled area;

Department means the Department of Agriculture¹;

destruction order means an order made under section 28;

Director General means the person holding or acting in the office of Director General of the Department;

disease includes infestation by ticks, lice or other ectoparasites, or endoparasites;

disease control order means an order made under section 41;

disinfected means —

(a)

thoroughly cleansed with an appropriate disinfectant chemical; or

(b)

immersed, heated, irradiated, fumigated or otherwise treated,

so as to defeat infection;

disinfection order means an order made under section 23;

document includes —

(a)

any map, plan, photograph, written or printed matter, computer record or electronic data; and

(b)

any other kind of tape, disc, device or medium on or by which information is recorded or stored mechanically, photographically, electronically or otherwise; and

(c)

any other thing so treated in relation to any sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from that other thing;

domestic animal means any animal in a domesticated state or under the control of humans, regardless of whether animals of that species are categorized at common law as being of a tame or domestic nature;

dwelling includes any premises or part of any premises that is ordinarily used for residential purposes;

exotic disease means —

(a)

foot‑and‑mouth disease, vesicular stomatitis, vesicular exanthema, swine vesicular disease, rinderpest, classical swine fever, African swine fever, rabies, Newcastle disease, avian influenza, bluetongue, or screw‑worm fly; and

(b)

any other disease of animals that is, under subsection (2), declared by the Minister to be a disease to which this Act applies;

exotic disease agent means any prion, virus, rickettsia, bacterium, protozoan, fungus, helminth, arthropod insect or other pathogen or organism that is capable of causing an exotic disease in animals;

fittings means —

(a)

any stall, box, cage, enclosure, pen, material or moveable thing used for penning, yarding, containing or restraining any animal; and

(b)

any equipment, harness, saddlery, rope, bucket, trough, bedding, litter, utensil or implement used on, in connection with, or in the handling, keeping or storage of animals, animal products or fodder; and

(c)

the clothing and personal effects of any persons attending on, or caring for, an animal;

fodder means any, or any mixture of, water, meal, meat, vegetable, grain or material used for the food of an animal;

free‑living animal means any animal that is not a domestic animal;

import restriction order means an order made under section 24;

infected means —

(a)

in relation to an animal, that an officer suspects the animal of suffering from, or being affected by, an exotic disease or of having been exposed, during the preceding 6 months, or in the case of a prescribed disease during the period prescribed for the purpose of this definition in respect of that disease, to the risk of an infection with an exotic disease in that —

(i)

it is, or has been, in a flock, herd, group or shoal; or

(ii)

it is, or was, on any land or place, or in any premises; or

(iii)

it travelled in any vehicle,

in which there is, or during the relevant period was, an animal suffering from, or affected by, an exotic disease; and

(b)

in relation to any land, place, premises or other thing, that an officer suspects that an infected animal, an animal product derived from an infected animal or an exotic disease agent may have come into contact with it;

infected area means an area declared under section 29;

infected area order means an order made under section 29;

infected vehicle means a vehicle declared under section 30;

inspector means —

(a)

the Chief Veterinary Officer; or

(b)

a Veterinary Inspector; or

(c)

a Deputy Veterinary Inspector; or

(d)

an inspector appointed under the Biosecurity and Agriculture Management Act 2007 section 162;

land means any land whatsoever, whether or not held by a person under any form of tenure, and includes, without in any way limiting the generality of that term, the whole or part of any —

(a)

common, stock route, Aboriginal reserve, land to which the Conservation and Land Management Act 1984 applies, local government land, land belonging to, or under the care, control, management or supervision of, any person or statutory authority, or public land of whatever description; or

(b)

public or private road, right of way, drain or other structure, easement, right or appurtenance adjoining or affecting any land; or

(c)

saleyard, railway trucking yard or platform, slaughterhouse, abattoir, or place for the treatment, storage, movement, final delivery or acceptance of domestic animals or animal products; or

(d)

body of water within, or forming part of the boundary of, any land; or

(e)

fishery,

and any holding, establishment or enterprise whatsoever on the land;

local newspaper for any place means a newspaper circulating throughout Western Australia or in a part of the State that includes that place;

local quarantine order means an order made by an officer in relation to specified land, or a specified place, premises or vehicle, under section 19;

officer means —

(a)

the Chief Veterinary Officer; and

(b)

a Veterinary Inspector; and

(c)

a Deputy Veterinary Inspector; and

(d)

an inspector as that term is defined in the Biosecurity and Agriculture Management Act 2007, other than a police officer; and

(e)

a police officer; and

(f)

any person who is appointed to be an officer under section 55; and

(g)

any other officer of the Department authorised by the Director General;

order for restraint means an order of that kind made under section 27;

order for seizure means an order of that kind made under section 27;

owner in relation to any premises, domestic animal or other property, means any person, other than a mortgagee or chargee not in possession, having or claiming any right, title or interest in the premises, domestic animal or property, and includes the authorised agent of an owner and, in the case of premises, any occupier;

place includes any wharf, pier, stage, landing place, jetty, foreshore, river, lake, inlet or harbour and any other body of water within the territorial limits of the State;

premises includes the whole or any part of any building, erection, structure or hoarding, whether or not it is ordinarily associated with animals or animal products;

restricted area means an area declared under section 34;

restricted area order means an order made under section 34;

restricted area precautions order means an order made under section 39;

undomesticated animal means any feral member of an otherwise domesticated species;

vehicle includes a conveyance of any kind, whether or not self‑propelled, and whether or not at the material time capable of being moved or operated, and includes —

(a)

any caravan, trailer, truck, train or other land vehicle; and

(b)

any ship, hovercraft, boat, ferry, raft, pontoon, or other water craft; and

(c)

any aeroplane, helicopter, balloon, or other aircraft;

vermin includes any rodent, ferret, fox, starling, rabbit, or other animal which has been introduced into Australia since the year 1788 and is commonly regarded as a noxious pest;

Veterinary Inspector means, in relation to the part of the State or outbreak of disease to which the appointment refers, a person who is, under section 54, appointed to be a Veterinary Inspector, and Deputy Veterinary Inspector shall be construed accordingly;

wildlife means any —

(a)

animals that are indigenous to Australia; and

(b)

migratory animals that periodically or occasionally visit Australia; and

(c)

animals that were introduced into Australia, directly or indirectly, by Aboriginals or other persons before the year 1788.

(2)

The Minister may, by order published in the Gazette, declare any disease of animals to be a disease to which this Act applies.

[Section 4 amended: No. 77 of 2006 Sch. 1 cl. 61(1); No. 24 of 2007 s. 88(2).]

s 5Crown bound

(1)

This Act binds the Crown in right of the State and, in so far as the legislative power of the Parliament permits, in all its other capacities.

(2)

Nothing in this Act renders the Crown, in right of the State or otherwise, liable to be prosecuted for an offence under this Act.

6. Application of this Act to land, animals etc.

(1)

This Act, in so far as it confers any function that may be exercised in relation to land, applies to all land.

(2)

This Act, in so far as it confers any function that may be exercised in relation to an animal, applies to all animals whatever their status and whether or not —

(a)

protected or otherwise dealt with under any other Act; or

(b)

animals the care, control, management or supervision of which is vested by any other Act in the Crown or any person; or

(c)

the property of the Crown or any person.

(3)

It is not necessary to obtain the consent of any person or body, or to meet any requirements other than the requirements of this Act, for —

(a)

any land, place, premises, vehicle or other thing to be declared to be infected, or to be quarantined, under this Act; or

(b)

the validity of any order under this Act —

(i)

in relation to any land, place, premises, vehicle or other thing; or

(ii)

for the seizure, confinement, destruction or other control or treatment of, or otherwise affecting, any animal;

(c)

the exercise of any power conferred by this Act in relation to —

(i)

any land, place, premises, vehicle or other thing; or

(ii)

any animal.

(4)

If land is owned, jointly or as tenants in common or otherwise, by 2 or more persons an order, notice or other document which is under this Act served upon any one of them as owner of the land shall be deemed to have been served upon them all.

(5)

Nothing in this Act authorises wanton cruelty to any animal.

[Section 6 amended: No. 24 of 2007 s. 88(3).]

s 7Suspicion of infection

(1)

For the purposes of this Act —

(a)

an animal; or

(b)

any land, place, premises, vehicle or other thing,

may reasonably be suspected of suffering from, or being affected by, an exotic disease if there is reason to think that an exotic disease agent may be present in or on it.

(2)

It is not necessary, in order for a person reasonably to suspect that an animal is suffering from or being affected by an exotic disease, for the animal to be exhibiting signs of disease.

(3)

This section does not prejudice any other evidence or consideration by which an officer or other person might reasonably think that any animal, or any land, place, premises, vehicle or other thing, may be infected.

s 8Notification

A person —

(a)

who —

(i)

owns or is in charge of, or has in their possession or control, an animal or animal product which the person suspects is infected; or

(ii)

on land owned or occupied by that person, finds any animal wandering at large which the person suspects is infected; or

(iii)

as a veterinarian, stock agent or other person dealing with any animal or animal product by way of a profession, trade or business, is consulted in relation to an animal or animal product which he or she suspects is infected;

and

(b)

does not, as soon as possible after becoming aware of or suspecting that the animal or animal product is infected, report the fact to an officer by the quickest means of communication available,

commits an offence.

Penalty: $5 000.

[Section 8 amended: No. 19 of 2022 s. 231(2).]

s 9Quarantine

(1)

A person who owns or is in charge of, or has in their possession or control, an animal or animal product which the person suspects is infected shall, as far as is practicable, keep that animal or animal product separate from animals or animal products not infected.

(2)

A person who fails to comply with subsection (1) commits an offence.

Penalty: $1 000.

(3)

A person who breaks down, damages or leaves open a fence, gate or fastening —

(a)

that is used for confining any animal, or regulating or preventing the movement of any animal; and

(b)

that provides access to, or is within, a declared area,

commits an offence.

Penalty: $1 000.

s 10Possession or administration of exotic disease agents

(1)

A person who —

(a)

is in possession of an exotic disease agent; or

(b)

administers an exotic disease agent, or causes or permits the administration of an exotic disease agent, directly or indirectly, to an animal; or

(c)

threatens to administer an exotic disease agent, directly or indirectly, to an animal,

commits an offence, subject to subsection (2).

Penalty: $10 000 or imprisonment for 2 years, or both.

(2)

Subsection (1) does not apply to a person who has the authority of the Chief Veterinary Officer to be in possession of an exotic disease agent and who is acting in accordance with the regulations.

s 11Duties of an officer

(1)

The duties of an officer under this Act include —

(a)

ascertaining whether an exotic disease or suspected exotic disease is present on any land, place, premises or vehicle; and

(b)

tracing any possible spread of an exotic disease or suspected exotic disease; and

(c)

taking such measures as are authorised by this Act to prevent, control and eradicate the spread of any exotic disease or suspected exotic disease.

(2)

The powers generally conferred by this Act on an officer may be specifically limited —

(a)

by the instrument of the appointment of that person as an officer; or

(b)

in relation to an officer of a prescribed class,

as evidenced by the identity card issued under this Act.

s 12Identity cards

(1)

The Director General shall cause every inspector or other officer authorised under this Act to be issued with an identity card in a form approved by the Chief Veterinary Officer.

(2)

Where, under this Act, a person who is an officer for the purposes of this Act seeks —

(a)

to enter any land, place or premises; or

(b)

to board, enter, stop or detain any vehicle,

the identity card evidencing his or her appointment and authorisation must be produced, if requested, for inspection by any person in apparent charge or control of that land, place, premises or vehicle.

(3)

A person who possesses an identity card issued under subsection (1) and who is not, or who ceases to be, an officer for the purposes of this Act must, as soon as practicable, cause the card to be returned to the Director General.

(4)

A person who contravenes subsection (3) commits an offence.

Penalty: $500.

s 13General powers of an officer

(1)

Subject to section 11(2), and for the purposes only of this Act, an officer, with such assistance as the officer thinks necessary, may do any of the following —

(a)

enter and search any land or place, and any premises or building other than a dwelling; and

(b)

with the consent of the occupier or under the authority conferred by a warrant, enter and search any dwelling; and

(c)

stop, board, enter, search or detain any vehicle; and

(d)

break open and search any box, or other packaging, or any receptacle (including any thing that could be used as a receptacle); and

(e)

muster or order the mustering of any animal, or stop the movement or order the movement of any animal or animal product; and

(f)

remove or cause to be removed to another place any animal, animal product, fodder, fittings, vehicle, receptacle or other thing capable of carrying infection; and

(g)

inspect, count, examine, mark for identification, test, vaccinate, treat, disinfect or take samples of any animal, animal product, fodder or fittings or any receptacle or other thing capable of carrying infection; and

(h)

inspect, examine, test, disinfect, fumigate or take samples from any land, place, premises, or vehicle; and

(i)

notwithstanding the provisions of any other Act, search for, track, mark for identification, test, treat, vaccinate or destroy any free‑living animal including wildlife, undomesticated animals, insects or vermin; and

(j)

on behalf of the Minister and subject to section 49(1), requisition any land, buildings, accommodation, goods or services, including that or those of any agency or department of the Crown in right of the State and of any local government, for such period as in the opinion of the officer is necessary or expedient for the purposes of this Act or until a relevant disease control order ceases to have effect, whichever is the lesser period,

and may, in accordance with section 17, seek information.

(2)

An officer may, if in the opinion of that officer it is necessary to do so, use reasonable force to prevent from so acting a person who is apparently —

(a)

contravening or failing to comply with this Act; or

(b)

obstructing or hindering any other person who is complying with this Act or rendering assistance to an officer for the purposes of this Act,

and may place any such person under restraint for such period as may be necessary to prevent the contravention, obstruction or hindrance, or to compel the compliance, or until brought before a justice, as the case may require.

(3)

An officer may request assistance from a police officer, if the officer has reasonable cause to believe that —

(a)

there will be some obstruction in the performance of any duty or in the exercise of any power under this Act; or

(b)

that a person is likely to contravene section 32 or section 33,

and the police officer shall render such assistance as may, in the opinion of the police officer, reasonably be given.

[Section 13 amended: No. 14 of 1996 s. 4.]

Exotic Diseases of Animals Act 1993

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