Purpose:

This legislation provides for the detection, containment, and eradication of certain exotic diseases affecting livestock and other animals, and for incidental matters.

Objectives:

• To safeguard the public and secure the eradication, control, prevention of spread, and mitigation of effects of any exotic disease of animals.
• To establish the obligation of persons to report outbreaks of exotic disease.
• To provide for the quarantining of animals and animal products suspected of infection.
• To provide for the identification, regulation of movement into, within or from, and cleansing and disinfection of any land, place, premises or vehicle suspected to be infected.
• To provide for the declaration of any land, place or premises as an infected area, a restricted area or a controlled area, and a vehicle as an infected vehicle, as necessary.
• 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.
• To prohibit or regulate the possession or use of any exotic disease agent.
• 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 expense and compensation in relation to such requisitioning.
• To prescribe the functions of inspectors and other officers.
• To make incidental provision.

Key Provisions:

• Obligation to Notify: Persons suspecting an animal or animal product is infected must report it to an officer by the quickest means available.
• Obligation to Quarantine: Persons suspecting infection must keep the animal or animal product separate and not interfere with quarantine barriers.
• Control of Exotic Disease Agents: Prohibits the possession, administration, or threatened administration of exotic disease agents without Chief Veterinary Officer’s authority and adherence to regulations.
• Officer Powers: Officers have powers to enter, search, inspect, count, examine, mark, test, vaccinate, treat, disinfect, take samples, muster animals, and remove infected items or potential carriers.
• Compliance Notices: Officers can issue written notices requiring owners or persons in charge to provide assistance, including mustering, providing facilities, producing items for inspection, vaccinating, disinfecting, permitting testing/sampling/treating, restraining dogs, and providing records.
• Quarantine Orders: Officers can issue local quarantine orders for land, places, premises, or vehicles to prohibit or restrict movement of animals, animal products, fodder, fittings, or vehicles.
• Disinfection Orders: Officers can issue orders requiring disinfection of places, premises, vehicles, fodder, or fittings, specifying the manner and time for compliance.
• Import Restrictions: The Minister can issue import restriction orders to prohibit or impose conditions on the entry or importation of animals, animal products, fodder, fittings, other things, or vehicles into the State.
• Seizure and Destruction: Officers can seize and impound animals, animal products, fodder, fittings, vehicles, or other things that are moved contrary to restrictions, are suspected of being infected, or are in an infected area. They can also order destruction of infected animals, premises, or things, or those moved in contravention of orders.
• Declared Areas: The Minister can declare infected areas, restricted areas, or controlled areas, and officers can declare infected vehicles, with associated restrictions on movement and activities.
• Movement Permits: Movement of persons, animals, and things into, within, or from infected or restricted areas requires a permit from an officer, subject to specified conditions, including disinfection.
• Compensation: Compensation may be payable from the Exotic Diseases of Animals (Compensation and Eradication) Account for requisitioned property or services, and for the destruction or death of domestic animals due to exotic diseases, if a compensation order is in effect.

Evidence of Compliance Requirements For Agricultural Organisations:

• Notification of Suspected Infection (s.8):
  • Action Needed: Any person who owns, is in charge of, or has in their possession or control an animal or animal product suspected of being infected, or finds a suspected infected animal wandering at large on their land, or as a veterinarian/stock agent is consulted about a suspected infected animal/product, must report the fact to an officer.
  • Reporting Requirements: Report “as soon as possible” after becoming aware of or suspecting infection, using “the quickest means of communication available”.
• Separation and Containment of Suspected Infected Animals/Products (s.9):
  • Action Needed: A person who owns, is in charge of, or has in their possession or control an animal or animal product suspected of being infected must, “as far as is practicable,” keep that animal or animal product separate from non-infected animals or animal products.
  • Action Needed: A person must not break down, damage, or leave open a fence, gate, or fastening that is used for confining any animal or regulating/preventing animal movement, and that provides access to, or is within, a declared area.
• Lawful Possession/Administration of Exotic Disease Agents (s.10):
  • Action Needed: A person must have the “authority of the Chief Veterinary Officer” to be in possession of an exotic disease agent.
  • Action Needed: A person in possession must act “in accordance with the regulations” regarding the exotic disease agent.
• Compliance with Officer Requirements (s.14):
  • Action Needed: If an officer suspects any animal, land, place, premises, or thing to be infected, the owner or person in apparent charge/control must give “such reasonable assistance as the officer so requires and specifies in the notice.”
  • Specific Actions: This may include, but is not limited to:
    • Mustering, rounding-up, yarding, confining, drafting, or otherwise moving/handling any animal belonging to or under the charge/control of that person.
    • Causing an animal to be removed to another place or kept within an escape-proof enclosure/cage approved by the officer.
    • Providing or repairing any enclosure, yard, crush, or other facility required by the officer.
    • Producing for inspection any animal, animal product, fodder, fittings, vehicle, receptacle, or other thing.
    • Vaccinating any animal belonging to or under the charge/control of that person.
    • Carrying out any disinfection or fumigation, including disinfecting oneself, in a manner specified by the officer.
    • Permitting testing, sampling, or treating.
    • Restraining and muzzling any dogs (working or pets).
    • Providing records or other information required by the officer for the performance of functions under this Act.
  • Timeframes: The notice imposing the requirement “must state the time within which the person to whom it is addressed is required to comply.”
• Compliance with Local Quarantine Orders (s.19, s.22):
  • Action Needed: Owners or persons in apparent charge/control of land, a place, premises, or a vehicle under a local quarantine order must keep it secure to prohibit or restrict movement of any animal, animal product, fodder, or fittings into, within, or from that area/vehicle, as specified in the order.
  • Action Needed: If the order affects land, a place, or premises, it may prohibit/restrict vehicle movement onto, on, or from that area.
  • Action Needed: If specified, the order may prohibit/restrict movement of any receptacle or other thing suspected of carrying an exotic disease agent within or from the affected area/vehicle.
• Compliance with Disinfection Orders (s.23):
  • Action Needed: Owners or persons in apparent charge/control of any place, premises, or vehicle specified in a disinfection order must disinfect the specified area, any fodder or fittings there, and any vehicle or other thing suspected of carrying an exotic disease agent and specified.
  • Measurement Standards: Disinfection must be “thoroughly cleansed with an appropriate disinfectant chemical; or immersed, heated, irradiated, fumigated or otherwise treated, so as to defeat infection,” and “in a manner specified by the officer”.
  • Timeframes: The order or notice may specify “the time within which effect is to be given to the order.”
• Compliance with Import Restriction Orders (s.26):
  • Action Needed: Persons must not cause, permit, or assist any animal, animal product, fodder, fittings, vehicle, or other thing to enter or be imported into the State, knowing that in doing so they contravene an import restriction order.
  • Measurement Standards: Order may specify tests or treatments to be applied at entry points.
• Compliance with Seizure and Restraint Orders (s.27):
  • Action Needed: Owners or persons in apparent charge/control of items seized must take such measures as appear necessary to the officer to eliminate any risk of infection, as specified in an order for restraint.
  • Timeframes: The order or notice may specify “the time within which effect is to be given to the order.”
  • Reporting Requirements: Owners must comply with any requirement, given by notice in writing at the time of release of seized items, to take measures to eliminate any risk of infection.
  • Payment Requirements: Release of seized items may be conditional on payment of any charges incurred, in accordance with the regulations, in connection with the impounding or other measures taken or required.
• Assistance with Destruction Orders (s.28):
  • Action Needed: The owner or person in apparent charge/control of an animal or other thing subject to a destruction order must, on being required by the officer, give any assistance the officer may reasonably require in carrying out the destruction.
  • Timeframes: The order or notice may specify “the time within which effect is to be given to the order.”
• Compliance with Movement Restrictions in Infected Areas (s.32):
  • Action Needed: Persons (other than officers) must not enter or leave, or cause/permit/assist others to enter or leave, any infected area or vehicle, or bring/move/take/allow others to bring/move/take any animal, animal product, fodder, fittings, receptacle, or other thing capable of carrying infection into, within, or from any infected area or vehicle, or cause/permit/assist any vehicle to enter or leave any infected area, unless authorised by a permit and complying with all permit conditions.
  • Documentation Needed: Obtain a permit from an officer.
  • Measurement Standards: Permit conditions may require that any person, animal, animal product, fodder, fittings, vehicle, or other thing be “effectively disinfected and cleansed in a manner specified by the officer and to the satisfaction of the officer” before leaving or being taken from the infected area/vehicle.
  • Action Needed: Permit conditions may prohibit movement to other specified places where animals/products/etc. are located.
  • Reporting Requirements: Upon request by an officer, the holder of a revoked permit must “forthwith deliver the revoked permit” to an officer.
• Compliance with Entry/Exit Points for Infected Areas (s.33):
  • Action Needed: Persons must not go or move any other person, animal, animal product, fodder, fittings, or specified thing into or from any infected area or vehicle in contravention of a notice issued by an officer.
  • Action Needed: If a notice requires, movement must “only through a point specified in the notice.”
• Compliance with Movement Restrictions in Restricted Areas (s.37):
  • Action Needed: Persons must not cause or permit the movement of any animal, animal product, fodder, fittings, vehicle, or other thing of a class/description to which a restricted area declaration applies into, within, or from that area, or the movement of any vehicle carrying or normally used for carrying such items, unless authorised by a permit and complying with all permit conditions.
  • Documentation Needed: Obtain a permit from an officer.
  • Measurement Standards: Permit conditions may require that any person, animal, animal product, fodder, fittings, vehicle, or other thing be “effectively disinfected and cleansed in a manner specified by the officer and to the satisfaction of the officer” before leaving or being taken from the restricted area.
  • Action Needed: Permit conditions may prohibit movement to other specified places where animals/products/etc. are located.
  • Reporting Requirements: Upon request by an officer, the holder of a revoked permit must “forthwith deliver the revoked permit” to an officer.
• Compliance with Entry/Exit Points for Restricted Areas (s.38):
  • Action Needed: Persons must not move any animal, animal product, fodder, fittings, vehicle, or other thing, which is specified or of a class/description specified in the order declaring the restricted area and to which a notice applies, into or out of the restricted area in contravention of that notice.
  • Action Needed: If a notice requires, movement must be made “only through a point specified in the notice.”
• Compliance with Restricted Area Precautions Orders (s.39):
  • Action Needed: Owners or persons in apparent charge/control of any specified animal, animal product, fodder, fittings, or vehicle within a restricted area must take measures specified in the order.
  • Specific Actions: Orders may require:
    • Animals to be mustered or confined in a specified manner, disinfected, vaccinated, or treated against infection.
    • Facilities to be provided for the inspection, testing, disinfection, vaccination, or treatment of animals.
    • Persons, premises, vehicles, or things to be disinfected.
    • Other measures deemed reasonably necessary by the Minister.
• Compliance with Control Orders (s.40):
  • Action Needed: Persons must comply with prohibitions, regulations, or controls regarding holding markets, fairs, sales, shows, parades, race meetings, or other gatherings/competitions for specified animals/products.
  • Action Needed: Persons must comply with prohibitions, regulations, or controls regarding the presence or exposure of specified animals at exhibition places, parades, race meetings, or other recreation/competition.
  • Action Needed: Persons must comply with prohibitions, regulations, or controls regarding the sale, presence, or exposure of specified animals or animal products at places where they are exposed for sale or processed for consumption.
  • Action Needed: Persons must comply with prohibitions, regulations, or controls regarding the presence of specified animals or animal products or their exposure for sale at any place.
  • Action Needed: Persons must comply with prohibitions, regulations, or controls regarding the movement of specified animals or animal products into, within, or from the controlled area.
• Making Compensation Claims (s.51):
  • Documentation Needed: A claim for compensation must be lodged “in the prescribed form and manner.”
  • Timeframes: Claims must be lodged “within 90 days after the requisition, or the destruction or death, giving rise to the claim,” or within “such extended period as the Director General may in a particular case permit.”
  • Action Needed: Persons must not lodge a claim knowing it is false or misleading, or engage in any fraudulent act/omission to obtain compensation.
• Compliance with Stop Signs (s.43):
  • Action Needed: The driver or person in charge of a vehicle approaching a stop sign placed under this Act must stop the vehicle and keep it stationary to enable an officer to exercise powers.
  • Action Needed: Persons must not wilfully contravene this stopping requirement.
  • Action Needed: Persons must not damage, deface, remove, or interfere with any sign placed under the authority of this Act.

Metadata Keywords:

Animal health, Biosecurity, Disease control, Exotic diseases, Livestock, Quarantine, Veterinary, Western Australia, Agriculture, Compensation

Publication Information:

Publication date: 05 Apr 2023 Version number: 02-d0-00

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Dairy, Eggs, Fisheries, Horticulture, Pig, Sheep Meat, Wheat, Wool.

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_45862.pdf/$FILE/Exotic%20Diseases%20Of%20Animals%20Act%201993%20-%20%5B02-d0-00%5D.pdf?OpenElement →