Thursday, 10 February 2022
Bills
Livestock Management Amendment (Animal Activism) Bill 2021
Livestock Management Amendment (Animal Activism) Bill 2021
Introduction and first reading
The DEPUTY PRESIDENT (22:02): I have a message from the Assembly:
The Legislative Assembly presents for the agreement of the Legislative Council ‘A Bill for an Act to amend the Livestock Management Act 2010 to provide for biosecurity management plans, to create an offence relating to contravening prescribed biosecurity measures and for other purposes’.
That the bill be now read a first time.
Motion agreed to.
Read first time.
Ms SYMES: I move, by leave:
That the second reading be taken forthwith.
Motion agreed to.
Statement of compatibility
Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (22:03): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (Charter), I make this Statement of Compatibility with respect to the Livestock Management Amendment (Animal Activism) Bill 2021.
In my opinion, the Livestock Management Amendment (Animal Activism) Bill 2021 (Bill), as introduced to the Legislative Council, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.
Overview of the Bill
Relevant to human rights, the Bill amends the Livestock Management Act 2010 (the Act) to provide for biosecurity management plans and offences relating to contravening a prescribed biosecurity measure, and makes miscellaneous consequential amendments, including to inspector powers.
Human Rights Issues
The human rights under the Charter that are relevant to the Bill are the right to freedom of movement (section 12), and right to privacy and reputation (section 13).
Biosecurity Management Plans and offences
Clause 6 inserts provisions related to the voluntary implementation of biosecurity management plans (BMPs) by persons who manage livestock activities at premises where livestock management activities occur, or by a person included in a prescribed class. Clause 13 provides for new powers of the Governor in Council to make regulations relating to prescribed biosecurity measures that are to be included in a BMP (including mandatory and optional measures). Clause 13 relevantly provides the Governor in Council power to make regulations with respect to:
• prohibiting or regulating entry to, or remaining at, a premises, or specified part of a premises, to which a BMP applies without the consent of a person or persons;
• requiring persons to record their entry to and movements at a premises, or a specified part of a premises, to which a BMP applies;
• prescribing the circumstances in which a person may enter or remain at a premises, or a specified part of a premises, to which a BMP applies;
• requiring persons entering a premises, or a specified part of a premises, to which a BMP applies to provide such identification as is prescribed;
• requiring compliance with specified protocols and procedures in respect of a premises, or a specified part of a premises, to which a BMP applies; and
• the creation, keeping and maintenance of records, including the information to be included and the retention period, about persons who enter or remain in a premises, or a specified part of a premises, to which a BMP applies.
New section 50A creates an offence for contravening a prescribed biosecurity measure that applies to a premises, or a specified part of a premises, pursuant to a BMP that is in force. For an offence to be committed, a sign must be affixed and conspicuously displayed as prescribed in the regulations, that includes a summary of any prescribed biosecurity measures that apply to the premises and the name of the regulations under which they are prescribed, and states that contravention of such measures is an offence. The provision includes exceptions for persons who are at the premises subject to statutory authority or by other exceptions to be prescribed by regulation. New section 50B makes it an offence to damage, deface or remove a sign of the kind referred to above.
The prescribing of measures that prohibit or regulate entry, require a person to provide identification or record information relating to entering or remaining in a premises engages the rights to freedom of movement and privacy in the Charter.
Right to freedom of movement (section 12)
Under section 12 of the Charter, every person lawfully within Victoria has the right to move freely within Victoria and to enter and leave it and has the freedom to choose where to live. The right includes freedom from physical and procedural barriers, such as notification or authorisation requirements, or reporting obligations relating to movement. However, the right does not extend to a freedom of access to all places, such as another person’s private property.
The implementation of prescribed biosecurity measures under the Bill may engage this right, including prohibiting or regulating entry to or remaining at a premises, requiring persons to record their entry to, and movements at, a premises and to provide identification when entering a premises. However, in my view the right is not limited as any interference with this right either occurs in the context of a person’s entry onto another person’s property without consent, in circumstances that would otherwise constitute a trespass, or in circumstances where a person is entering a premises conducting a regulated activity, and thus voluntarily assumes the conditions and special duties that apply to entry to such a place.
The purpose of BMPs is to manage biosecurity risks on agricultural premises, including those posed by persons entering the premises without consent. Such unauthorised access can lead to feed tampering, the release of animals and the compromising of animal security, which can increase the introduction and spread of disease, negatively impact on animal and human health as well as compromise a livestock manager’s industry accreditation and market access. The preparation of a BMP is voluntary, and the BMP is prepared by a livestock manager. For the offence provision to be enlivened, there must be a clear sign that meets the prescribed requirements and sets out the prescribed biosecurity measures in effect at the premises. Accordingly, I do not consider the right to freedom of movement to be limited in this context.
Right to privacy (section 13)
Section 13(a) of the Charter provides that a person has the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with. An interference will be lawful if it is permitted by a law which is precise and appropriately circumscribed, and will be arbitrary only if it is capricious, unpredictable, unjust or unreasonable, in the sense of being disproportionate to the legitimate aim sought.
The imposition of prescribed biosecurity measures also engages the right to privacy to the extent that it may require visitors to provide identification and have their entry at a premises recorded. However, as above, such measures will be adopted by the manager in relation to a premises or part of a premises, and will function as entry requirements to a premises that is conducting a regulated activity posing biosecurity risks. Accordingly, any person voluntarily entering such premises will be aware of the conditions of entry, and will assume a reduced expectation of privacy in relation to the provision of identification or recording of their attendance. Such requirements are necessary to manage attendance at sites where access by unauthorised persons may pose a biosecurity risk, and thus protect public health, animal safety and the operation of the agricultural industry. Accordingly, I consider these amendments do not arbitrarily or unlawfully interfere with the right to privacy.
Inspector search powers on entry
Clauses 8 and 9 of the Bill expand the purposes for which the search powers of inspectors can be exercised under sections 38 and 43 of the Act, to include circumstances where the inspector reasonably believes new section 50A or 50B has been contravened. This includes in relation to searching any premises, livestock, livestock product, equipment, machinery, item of plant, facility, or vehicle, and includes the power to stop and detain a vehicle in order to conduct a search. The inclusion of new purposes for exercising existing powers may extend the scope of interferences with the right to privacy provided by the Act.
However, in my view, any such interferences will be lawful and not arbitrary. The powers are necessary to ensure the new offence provisions can be enforced and the required evidence gathered. The search powers are only enlivened if an inspector has entered a place or vehicle pursuant to their powers of entry under the Act, which require the consent of the occupier, a warrant or an emergency. The powers can then only be exercised for clearly defined purposes, being that the premises, item or vehicle being searched is related to a suspected contravention of a prescribed biosecurity measure in a BMP or defacing, damaging or removing a prescribed sign under the Act. The powers do not extend to providing for personal searches or seizure of property (with the exception of taking samples and copies of documents). The powers must also only be exercised at a reasonable time and for no longer than necessary. To the extent that these provisions relate to private information and permit searches of residences or private vehicles, they arise in the controlled and prescribed circumstances set out in the Bill, and require reasonable suspicion of conduct that would otherwise amount to trespass or criminal damage. Consequently, I consider these amendments compatible with the Charter.
The Hon. Gayle Tierney MLC
Minister for Training and Skills
Minister for Higher Education
Second reading
That the second-reading speech be incorporated into Hansard.
Motion agreed to.
Ms SYMES: I move:
That the bill be now read a second time.
Incorporated speech as follows:
Throughout 2018 and 2019, the Victorian agricultural community was subject to a series of events involving animal rights activists intimidating farmers, stealing livestock, and disrupting businesses.
In response to these events, the Victorian Legislative Council’s Economy and Infrastructure Committee (the Committee) conducted the ‘Inquiry into the impact of animal rights activism on Victorian agriculture’ and tabled its report (the report) in Parliament on 5 February 2020.
The report included findings regarding the serious impacts of trespass on the agricultural community, including:
a. Finding 3—Acts of trespass, including the threat of trespass, by animal rights activists have caused physical and mental distress to many people in the agricultural industry, including farmers, their families and employees.
b. Finding 5—Animal rights activists who trespass onto agricultural facilities pose a biosecurity risk. All people who enter agricultural facilities must consult with property owners or managers and comply with their biosecurity protocols.
The report also found that penalties handed out in certain incidents of trespass had not met the expectations of many stakeholders in the Inquiry and some sections of the community.
The Victorian Government strongly supports our agricultural producers and rural and regional communities. Farmers and agricultural businesses should be free to do their work without fear of being targeted by animal activists, who put hard working farming families, biosecurity, and the animals they purport to protect at risk. Biosecurity breaches caused by animal rights activists who trespass onto premises where livestock activities occur can affect human and animal health, and adversely impact market access.
The Government’s response to the report, tabled in Parliament on 4 June 2020, supported 13 of the 15 recommendations in full, including recommendations to incorporate in legislation on-the-spot fines for biosecurity breaches caused by trespassers. The Government has committed to legislation that includes fines for this behaviour among the heaviest in Australia.
The Bill amends the Livestock Management Act 2010 (LMA) to give effect to recommendations 4 and 5 of the report, which the Victorian Government supported in its response. The Bill will reduce biosecurity risks caused by unlawful entry onto agricultural premises and provide additional means of prosecuting trespassers.
The Bill inserts provisions related to the voluntary implementation of biosecurity measures by persons managing livestock activities at premises where livestock activities occur, including an offence for non-compliance. The provisions will require that for the offence for breach of a prescribed biosecurity measure to apply to an area where a livestock activity occurs, a biosecurity management plan (BMP) containing mandatory content must have been prepared and compliant biosecurity signage must be erected at all main vehicular access points.
The biosecurity measures, mandatory content of BMPs and biosecurity signage requirements will be prescribed under the Livestock Management Regulations. The Bill introduces offences for non-compliance with the prescribed biosecurity measures on agricultural premises with penalties of up to 60 penalty units for a natural person and 300 penalty units for a body corporate. Importantly, to provide broad enforcement options, infringement notices for this offence may be issued, for up to 7 penalty units for a natural person and 45 penalty units for a body corporate. An offence has been introduced for a person damaging, defacing or removing biosecurity signage erected as part of this framework, with a penalty of 20 penalty units and an infringement penalty of 3 penalty units.
The Bill proposes offences and penalties to strengthen and support existing offences associated with trespass which provide for fines of over $4,500 or imprisonment for six months under the Summary Offences Act 1966.
Victorians managing livestock activities experiencing harassment or trespass may contact Victoria Police to assist them as the Bill provides Victoria Police members with powers to enforce the new offences. Persons managing livestock activities may also contact Agriculture Victoria for assistance.
The Bill aligns with the recent amendments to section 401A of the Land Act 1958 in relation to recreational use of licensed water frontages that are on Crown land and which form part of a premises on which a livestock activity is undertaken.
This Bill and its passage will fulfil the Government’s commitment to implementing recommendations 4 and 5 from the Parliamentary Inquiry and in doing so provide Victorian livestock managers with additional tools to deter and deal with unlawful interference in their businesses.
I commend the Bill to the house.
Mr ONDARCHIE (Northern Metropolitan) (22:03): I move, on behalf of my colleague Ms Bath:
That debate on this matter be adjourned for one week.
Motion agreed to and debate adjourned for one week.