Agriculture and Fisheries and Other Legislation Amendment Bill 2023

Introduced: 16/11/2023By: Hon M Furner MPStatus: PASSED with amendment

Bill Journey

Introduced16 Nov 2023View Hansard
First Reading16 Nov 2023View Hansard
Committee16 Nov 2023View Hansard

Referred to State Development and Regional Industries Committee

Committee18 Apr 2024View Hansard

Referred to State Development and Regional Industries Committee

Second Reading18 Apr 2024View Hansard
In Detail18 Apr 2024View Hansard
Third Reading18 Apr 2024View Hansard
Became Act 17 of 202426 Apr 2024
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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill makes major reforms to dangerous dog laws, commercial fishing monitoring, and biosecurity emergency powers. It bans restricted dog breeds like pit bulls, requires cameras or observers on commercial fishing boats to protect the Great Barrier Reef, and extends the duration of biosecurity emergency orders to better respond to disease outbreaks.

Who it affects

Dog owners face new statewide 'effective control' rules and potential imprisonment for serious attacks. Commercial fishers in high-risk fisheries must accept monitoring. Farmers benefit from less confrontational debt mediation notices.

Dangerous dog reforms

Bans restricted dog breeds (pit bulls, Dogo Argentino, Japanese Tosa, Fila Brasileiro, Presa Canario) in Queensland with transitional provisions for existing permitted dogs. Introduces statewide requirement to keep dogs under 'effective control' in public places. Increases penalties for dog attacks, including up to 3 years imprisonment for encouraging a dog to attack causing death or grievous bodily harm.

  • Restricted dog breeds banned - no new permits issued after commencement
  • Statewide 'effective control' requirement for all dogs in public places
  • Imprisonment of up to 2-3 years for the most serious dog attack offences
  • Mandatory destruction orders for dogs that cause grievous bodily harm or death
  • Appeals on dog destruction orders limited to questions of law only

Commercial fishing monitoring

Introduces mandatory independent onboard monitoring for high-risk commercial fisheries through cameras or observers. This fulfils Queensland's Great Barrier Reef protection commitments and maintains access to export markets under Commonwealth wildlife trade approvals.

  • Camera systems or independent observers required on boats in prescribed fisheries
  • Footage and data must be provided to the department for validation
  • Interfering with monitoring equipment is an offence (up to 1000 penalty units)
  • Official observers appointed with powers to monitor fishing activities
  • Conditions can be imposed on fishers with repeated protected species interactions

Fisheries enforcement

Strengthens enforcement powers for fisheries inspectors and streamlines administrative processes. Makes interfering with fishing apparatus a serious offence and allows automatic licence suspension for non-payment of fees.

  • Interfering with fishing apparatus becomes a serious fisheries offence
  • Automatic suspension of fishing licences for non-payment of annual fees
  • Inspector appointments presumed valid in court unless proven otherwise
  • Obstruction of inspectors now includes abuse and intimidation
  • Simplified seizure powers for inspectors

Biosecurity emergency powers

Extends emergency response tools following lessons from disease outbreaks like White Spot. Biosecurity emergency orders can now last up to 42 days (from 21) and inspector emergency powers up to 168 hours (from 96).

  • Maximum biosecurity emergency order duration extended to 42 days
  • Inspector emergency powers extended to 168 hours with chief executive approval
  • Entry powers aligned between movement control orders and emergency orders
  • Notification required before entry (replacing requirement to seek consent)
  • Local governments can manage locally significant pests under state biosecurity law

Other agricultural reforms

Creates new aquaculture authorities, improves farm debt mediation, enables information sharing for industrial cannabis regulation, and makes employers liable for employees' animal welfare breaches.

  • New aquaculture authority for operational aspects of aquaculture developments
  • 'Enforcement action notices' renamed to 'notices inviting mediation' for farm debt
  • Information sharing enabled between DAF and Queensland Police for industrial cannabis
  • Businesses now liable for animal welfare offences committed by employees
  • First Nations language updated throughout nature conservation legislation