2005 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for the Environment) Stock Bill 2005 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Dictionary 2 4 Notes 3 5 Offences against Act--application of Criminal Code etc 3 Part 2 Stock levy 6 Stock units and levy amount 4 7 Stock-carrying capacity 4 8 Occupier to pay stock levy 4 9 Returns for stock levy 5 2003 255B Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 10 Stock levy notice 5 11 Person to pay levy 5 12 Unpaid stock levy 6 Part 3 Marks 13 Registers 7 14 Application for registration of mark 7 15 Further information for registration application 7 16 Decision about registration of mark approval 7 17 Effect of registration 8 18 Use of registered mark by personal representative 8 19 Cancellation of registered mark 9 20 Correction of register 9 21 Unauthorised use of mark 9 22 Use of earmark--large stock 10 23 Use of earmark--certain small stock 10 24 Earmarking--stock kept for fleece etc 11 25 Cutting, alteration etc of earmark 11 26 Placement of permanent brands 12 Part 4 Travelling stock 27 Application for permit 13 28 Issue of permits 13 29 Offence to travel stock without permit 13 30 Production of permit 14 31 Movement of travelling stock 15 Part 5 Impounding stock 32 Meaning of impound for pt 6 16 33 Chief executive may impound trespassing stock 16 34 Occupier may impound trespassing stock 16 35 Person to tell owner and chief executive about impounded stock 17 36 Chief executive may impound stock impounded by someone else 17 37 Notice of impounded stock 18 38 Release of impounded stock 18 contents 2 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 39 Selling impounded stock 19 40 Application of the proceeds of impound sales 19 41 Application for release of impounded stock 20 42 Offence--allowing stock to trespass 20 43 Offences relating to impounded stock 21 44 Part does not affect other rights 21 Part 6 Enforcement Division 6.1 General 45 Definitions for pt 6 22 Division 6.2 Authorised people 46 Appointment of authorised people 22 47 Identity cards 23 Division 6.3 Powers of authorised people 48 Power to enter premises 23 49 Production of identity card 24 50 Consent to entry 24 51 General powers on entry to premises 25 52 Power to require name and address 26 53 Power to seize things 27 Division 6.4 Search warrants 54 Warrants generally 28 55 Warrants--application made other than in person 29 56 Search warrants--announcement before entry 30 57 Details of search warrant to be given to occupier etc 31 58 Occupier entitled to be present during search etc 31 Division 6.5 Return and forfeiture of things seized 59 Receipt for things seized 32 60 Moving things to another place for examination or processing under search warrant 32 61 Access to things seized 33 62 Return of things seized 34 Stock Bill 2005 contents 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Division 6.6 Miscellaneous 63 Damage etc to be minimised 35 64 Compensation for exercise of enforcement powers 35 Part 7 Review of decisions 65 Reviewable decisions 37 66 Review of decisions 37 Part 8 Miscellaneous 67 References to particular animals 38 68 Determination of fees 38 69 Approved forms 38 70 Regulation-making power 38 Part 9 Transitional 71 Definitions for pt 9 40 72 Register under repealed Act 40 73 Travelling stock permits made under repealed Act 40 74 Transitional regulations 40 75 Expiry of pt 9 40 Part 10 Consequential amendments and repeals 76 Legislation repealed 41 77 Legislation amended--sch 1 41 Schedule 1 Consequential amendments 42 Part 1.1 Animal Welfare Act 1992 42 Part 1.2 Environment Protection Act 1997 42 Part 1.3 Uncollected Goods Act 1996 42 Dictionary 43 contents 4 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for the Environment) Stock Bill 2005 A Bill for An Act about stock, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: 2003 255B Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 Part 1 Preliminary 1 1 Name of Act 2 This Act is the Stock Act 2005. 3 2 Commencement 4 This Act commences on a day fixed by the Minister by written 5 notice. 6 Note 1 The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). 8 Note 2 A single day or time may be fixed, or different days or times may be 9 fixed, for the commencement of different provisions (see Legislation 10 Act, s 77 (1)). 11 Note 3 If a provision has not commenced within 6 months beginning on the 12 notification day, it automatically commences on the first day after that 13 period (see Legislation Act, s 79). 14 3 Dictionary 15 The dictionary at the end of this Act is part of this Act. 16 Note 1 The dictionary at the end of this Act defines certain terms used in this 17 Act, and includes references (signpost definitions) to other terms 18 defined elsewhere in this Act. 19 For example, the signpost definition `impound, for part 5 (Impounding 20 stock)--see section 32.' means that the term `impound' is defined in 21 that section for part 5. 22 Note 2 A definition in the dictionary (including a signpost definition) applies to 23 the entire Act unless the definition, or another provision of the Act, 24 provides otherwise or the contrary intention otherwise appears (see 25 Legislation Act, s 155 and s 156 (1)). 26 page 2 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Preliminary Section 4 4 Notes 1 A note included in this Act is explanatory and is not part of this Act. 2 Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of 3 notes. 4 5 Offences against Act--application of Criminal Code etc 5 Other legislation applies in relation to offences against this Act. 6 Note 1 Criminal Code 7 The Criminal Code, ch 2 applies to all offences against this Act (see 8 Code, pt 2.1). 9 The chapter sets out the general principles of criminal responsibility 10 (including burdens of proof and general defences), and defines terms 11 used for offences to which the Code applies (eg conduct, intention, 12 recklessness and strict liability). 13 Note 2 Penalty units 14 The Legislation Act, s 133 deals with the meaning of offence penalties 15 that are expressed in penalty units. 16 Stock Bill 2005 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 6 Part 2 Stock levy 1 6 Stock units and levy amount 2 (1) The Minister may, in writing, determine-- 3 (a) for each kind of stock, the number of animals making up a 4 stock unit; and 5 (b) the levy amount per stock unit. 6 (2) A determination is a disallowable instrument. 7 Note A disallowable instrument must be notified, and presented to the 8 Legislative Assembly, under the Legislation Act. 9 7 Stock-carrying capacity 10 The chief executive may determine the stock-carrying capacity, in 11 stock units, of land held under a lease permitting the carrying of 12 stock. 13 8 Occupier to pay stock levy 14 (1) This section applies to a person who, in a financial year, is the 15 occupier of land held under a lease permitting the carrying of stock. 16 (2) A levy (stock levy) is payable for the financial year by the person. 17 (3) The stock levy is the greater of the following: 18 (a) the amount worked out as follows-- 19 DO UL × SCC × ; 20 365 (b) the minimum stock levy. 21 page 4 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Stock levy Section 9 (4) In this section: 1 DO means the number of days in the financial year when the person 2 is the occupier of the land. 3 minimum stock levy means the amount prescribed by regulation for 4 this definition. 5 SCC means the stock-carrying capacity of the land determined 6 under section 7. 7 UL means the levy amount determined under section 6 per stock 8 unit. 9 9 Returns for stock levy 10 (1) If a person is liable to pay stock levy under this part for a financial 11 year, the person must give the chief executive a return for the levy 12 for the financial year within 7 days after the end of the year. 13 Maximum penalty: 10 penalty units. 14 Note If a form is approved under s 69 for a return, the form must be used. 15 (2) An offence against this section is a strict liability offence. 16 10 Stock levy notice 17 As soon as practicable after the end of a financial year, the chief 18 executive must give written notice to a person liable to pay stock 19 levy under this part for the year of the amount of stock levy payable. 20 11 Person to pay levy 21 (1) A person liable to pay stock levy under this part for a financial year 22 must pay the levy to the Territory within 90 days after the day the 23 person receives notice under section 10 for the year. 24 Maximum penalty: 10 penalty units. 25 (2) An offence against this section is a strict liability offence. 26 Stock Bill 2005 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 12 12 Unpaid stock levy 1 (1) A lease permitting the carrying of stock on land is taken to include a 2 covenant by the occupier of the land to pay stock levy payable in 3 relation to the land. 4 (2) This section does not limit any right of the Territory to recover any 5 amount of unpaid stock levy as a debt. 6 page 6 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Marks Section 13 Part 3 Marks 1 13 Registers 2 The chief executive must keep-- 3 (a) a register of small stock marks; and 4 (b) a register of large stock marks. 5 14 Application for registration of mark 6 A person may apply, in writing, to the chief executive for the 7 registration of a mark. 8 Note 1 If a form is approved under s 69 for an application, the form must be 9 used. 10 Note 2 A fee may be determined under s 68 for this provision. 11 15 Further information for registration application 12 (1) The chief executive may ask the applicant to give the chief 13 executive additional information or a document that the chief 14 executive reasonably needs to decide the application. 15 (2) If the applicant does not comply with a requirement under 16 subsection (1), the chief executive may refuse to consider the 17 application further. 18 16 Decision about registration of mark approval 19 (1) If the chief executive receives an application to register a mark, the 20 chief executive must-- 21 (a) register the mark; or 22 (b) refuse to register the mark. 23 (2) The chief executive must not register a mark if-- 24 Stock Bill 2005 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 17 (a) the design of a mark registered under this Act-- 1 (i) is the same as the design of the mark; or 2 (ii) might be confused with the design of the mark; or 3 (iii) may easily be changed to resemble the design of the 4 mark; or 5 (b) the design and proposed method of application of the mark is 6 not suitable for its purpose; or 7 (c) for a mark that is a permanent brand--the mark contains an 8 alphanumeric or symbolic character that is-- 9 (i) less than 35mm or more than 75mm in height; and 10 (ii) located less than 10mm from another character. 11 (3) If the chief executive registers a mark, the chief executive must-- 12 (a) give the applicant a certificate of registration of the mark; and 13 (b) enter the mark in the appropriate stock register. 14 Note If a form is approved under s 69 for a certificate, the form must be used. 15 17 Effect of registration 16 (1) If a mark is registered under section 16, the applicant for registration 17 is the registered owner of the mark. 18 (2) The registered owner of a mark is entitled to exclusive use of the 19 mark. 20 18 Use of registered mark by personal representative 21 (1) This section applies if a person who is the registered owner of a 22 mark dies. 23 (2) The person's personal representative is taken to be the registered 24 owner of the mark until the distribution of the part of the person's 25 estate that includes stock bearing the mark is finalised. 26 page 8 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Marks Section 19 (3) As soon as practicable after the distribution of that part of the estate 1 is finalised, the personal representative must tell the chief executive 2 that the part of the person's estate has been distributed. 3 19 Cancellation of registered mark 4 The chief executive may cancel the registration of a mark-- 5 (a) if the chief executive is satisfied, on reasonable grounds, that-- 6 (i) the mark is not in use, or needed for use, by its registered 7 owner; or 8 (ii) the registration was obtained by fraud or 9 misrepresentation; or 10 (b) if the registered owner asks the chief executive to cancel the 11 registration; or 12 (c) if the registered owner is a corporation--on the winding-up of 13 the corporation. 14 20 Correction of register 15 The chief executive may correct a mistake, error or omission in a 16 register. 17 21 Unauthorised use of mark 18 (1) A person commits an offence if the person-- 19 (a) applies a registered mark to stock; and 20 (b) is not-- 21 (i) the registered owner of the mark; or 22 (ii) acting with the permission of the owner. 23 Maximum penalty: 50 penalty units. 24 (2) A person commits an offence if the person-- 25 Stock Bill 2005 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 22 (a) applies a registered mark to stock; and 1 (b) is not-- 2 (i) the owner of the stock; or 3 (ii) acting with the permission of the owner. 4 Maximum penalty: 50 penalty units. 5 (3) An offence against this section is a strict liability offence. 6 22 Use of earmark--large stock 7 (1) A person commits an offence if the person-- 8 (a) earmarks large stock with a registered mark; and 9 (b) does not have the chief executive's approval to earmark the 10 stock. 11 Maximum penalty: 50 penalty units. 12 (2) An offence against this section is a strict liability offence. 13 23 Use of earmark--certain small stock 14 (1) This section applies to a person if-- 15 (a) the person is the owner of a sheep or goat that is at least 16 6 months old; and 17 (b) the animal is not earmarked. 18 (2) The person commits an offence if the animal is not earmarked in 19 accordance with subsection (3) no later than 14 days after the day 20 the animal turns 6 months old or the person becomes its owner 21 (whichever is later). 22 Maximum penalty: 10 penalty units. 23 (3) The animal must be earmarked-- 24 page 10 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Marks Section 24 (a) using an earmark for which the person is the registered owner; 1 and 2 (b) on the following ear: 3 (i) for a male or desexed animal--the left ear; 4 (ii) for a female animal--the right ear. 5 (4) An offence against this section is a strict liability offence. 6 24 Earmarking--stock kept for fleece etc 7 (1) The owner of large stock kept for the commercial value of its fleece 8 or hide may apply, in writing, to the chief executive for approval to 9 place an earmark on the stock. 10 Note 1 If a form is approved under s 69 for an application, the form must be 11 used. 12 Note 2 A fee may be determined under s 68 for this provision. 13 (2) The chief executive must give the approval if satisfied that the stock 14 is kept for the commercial value of its fleece or hide. 15 25 Cutting, alteration etc of earmark 16 (1) A person commits an offence if-- 17 (a) in earmarking stock, the person cuts off more than ¼ of the ear; 18 or 19 (b) the person alters or destroys a stock earmark. 20 Maximum penalty: 50 penalty units. 21 (2) A person commits an offence if-- 22 (a) for male or desexed stock--the person earmarks the right ear; 23 or 24 Stock Bill 2005 page 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 26 (b) for female stock--the person earmarks the left ear. 1 Maximum penalty: 10 penalty units. 2 (3) An offence against this section is a strict liability offence. 3 26 Placement of permanent brands 4 (1) A person commits an offence if the person applies a permanent 5 brand to large stock in a way that contravenes a regulation. 6 Maximum penalty: 10 penalty units. 7 (2) An offence against this section is a strict liability offence. 8 page 12 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Travelling stock Section 27 Part 4 Travelling stock 1 27 Application for permit 2 A person may apply, in writing, to the chief executive for a permit. 3 Note 1 If a form is approved under s 69 for a permit, the form must be used. 4 Note 2 A fee may be determined under s 68 for this provision. 5 28 Issue of permits 6 (1) A person commits an offence if the person-- 7 (a) issues a permit for stock; and 8 (b) is not the chief executive or the owner of the stock. 9 Maximum penalty: 50 penalty units. 10 Note The dictionary defines the owner of stock to include a person who is in 11 control of the stock for the owner. 12 (2) An offence against this section is a strict liability offence. 13 29 Offence to travel stock without permit 14 (1) A person commits an offence if-- 15 (a) the person travels stock; and 16 (b) the person is not the owner of the stock; and 17 (c) the person does not have a permit to travel the stock-- 18 (i) issued by the chief executive or the owner of the stock; or 19 (ii) issued under a corresponding law. 20 Maximum penalty: 50 penalty units. 21 (2) If a person in charge of travelling stock (the first drover) delivers 22 stock to someone else, the first drover must-- 23 Stock Bill 2005 page 13 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 30 (a) endorse on the permit for the stock the name of the other 1 person; and 2 (b) give the other person the endorsed permit. 3 Maximum penalty: 50 penalty units. 4 (3) An offence against this section is a strict liability offence. 5 (4) In this section: 6 corresponding law means-- 7 (a) a law of a State regulating stock; or 8 (b) a law prescribed by regulation as a corresponding law for this 9 definition. 10 30 Production of permit 11 (1) A person in charge of travelling stock commits an offence if-- 12 (a) any of the following people asks the person to produce the 13 permit to travel the stock: 14 (i) an authorised person; 15 (ii) a police officer; 16 (iii) the occupier of land where the stock is travelling; and 17 (b) the person does not produce the permit. 18 Maximum penalty: 5 penalty units. 19 (2) An offence against this section is a strict liability offence. 20 (3) A person need not comply with a request under subsection (1) by an 21 authorised person if the authorised person does not produce his or 22 her identity card when asked by the person. 23 page 14 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Travelling stock Section 31 31 Movement of travelling stock 1 A person in charge of travelling stock must travel the stock by the 2 most direct route reasonable in the circumstances. 3 Maximum penalty: 10 penalty units. 4 Stock Bill 2005 page 15 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 32 Part 5 Impounding stock 1 32 Meaning of impound for pt 6 2 In this part: 3 impound--stock is impounded if it is seized and secured, or seized 4 and transported to a place to be secured. 5 33 Chief executive may impound trespassing stock 6 (1) The chief executive of stock may impound stock that is-- 7 (a) on unleased land; or 8 (b) uncontrolled on a road. 9 (2) Subsection (1) (a) does not apply to stock if-- 10 (a) a person has a licence from the Territory or the Commonwealth 11 to keep stock on the land; and 12 (b) the stock is owned by the person or is on the land with the 13 person's permission. 14 Note A fee may be determined under s 68 for maintaining or travelling 15 impounded stock. 16 34 Occupier may impound trespassing stock 17 (1) An occupier of land may impound stock that is trespassing on the 18 land. 19 (2) The occupier may return the stock to its owner, whether by sending 20 the stock to a convenient place near land occupied by the owner or 21 otherwise. 22 Note A fee may be determined under s 68 for maintaining or travelling 23 impounded stock. 24 page 16 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Impounding stock Section 35 35 Person to tell owner and chief executive about 1 impounded stock 2 (1) If a person other than the chief executive impounds stock, the 3 person must-- 4 (a) take reasonable steps to identify the owner of the stock; and 5 (b) if the owner is identified-- 6 (i) tell the owner that the stock has been impounded; and 7 (ii) ask the owner to remove the stock. 8 Example for par (a) 9 an earmark or brand on the stock may be used to identify the owner 10 Note An example is part of the Act, is not exhaustive and may extend, but 11 does not limit, the meaning of the provision in which it appears (see 12 Legislation Act, s 126 and s 132). 13 (2) The person must tell the chief executive that the stock has been 14 impounded if-- 15 (a) the owner of the stock is not identified; or 16 (b) the owner is identified and does not remove the stock within 17 24 hours after being asked to remove the stock. 18 36 Chief executive may impound stock impounded by 19 someone else 20 (1) This section applies if the chief executive is told that an occupier of 21 land has impounded stock. 22 (2) The chief executive may impound the stock. 23 (3) However, the chief executive may agree with the occupier of the 24 land that the stock, although impounded by the chief executive, 25 remain on the occupier's land. 26 Note A fee may be determined under s 68 for maintaining or travelling 27 impounded stock. 28 Stock Bill 2005 page 17 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 37 37 Notice of impounded stock 1 (1) This section applies if the chief executive impounds stock. 2 (2) The chief executive must-- 3 (a) take reasonable steps to identify the owner of the stock; and 4 (b) if the owner is identified, give the owner written notice of-- 5 (i) the impounding of the stock; and 6 (ii) the location of the stock; and 7 (iii) the fees payable for maintaining or travelling the stock; 8 and 9 (c) if the owner is not identified--publish in a newspaper 10 circulating in the ACT, a notice containing the information 11 mentioned in paragraph (b). 12 38 Release of impounded stock 13 (1) The chief executive must release impounded stock to a person if-- 14 (a) the chief executive is satisfied that the person is the owner of 15 the stock; and 16 (b) the person has paid the fees payable for maintaining or 17 travelling the stock. 18 (2) Fees payable for maintaining impounded stock are payable to-- 19 (a) for any period when the chief executive maintains the stock-- 20 the Territory; and 21 (b) for any period when someone else maintains the stock--the 22 person. 23 (3) Fees payable for travelling impounded stock are payable to-- 24 (a) if the chief executive travels the stock--the Territory; and 25 page 18 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Impounding stock Section 39 (b) if someone else who has impounded the stock travels the 1 stock--the person. 2 39 Selling impounded stock 3 (1) If impounded stock is not released within 14 days after the day 4 notice of the impounding is given to the owner, or published, under 5 section 37 (2), the chief executive must offer the stock for sale at 6 auction. 7 (2) If the stock is not sold at auction, the chief executive-- 8 (a) may sell the stock in another way; and 9 (b) if selling the stock in another way--must take steps to obtain 10 the best price possible in the circumstances. 11 (3) If the chief executive cannot sell the stock, the chief executive may 12 destroy it and dispose of it in any way the chief executive considers 13 appropriate. 14 40 Application of the proceeds of impound sales 15 (1) The proceeds of sale of impounded stock must be applied as 16 follows: 17 (a) first, to the expenses of the sale; 18 (b) second, to any amount payable for maintaining or travelling the 19 stock; 20 (c) the balance to the owner of the stock. 21 (2) If an amount is to be applied under this section to a person other 22 than the Territory, the chief executive must take reasonable steps to 23 tell the person about the amount as soon as practicable after the day 24 of sale. 25 (3) If an amount to be applied under this section is not claimed within 26 1 year after the day of sale, it becomes public money of the 27 Territory. 28 Stock Bill 2005 page 19 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 41 (4) Any amount payable to a person or the Territory for maintaining or 1 travelling the stock that exceeds the amount applied under 2 subsection (1) (b) is recoverable from the owner of the stock as a 3 debt to the person or the Territory. 4 41 Application for release of impounded stock 5 (1) The owner of stock may apply to the Magistrates Court for an order 6 for-- 7 (a) the release of the stock; or 8 (b) damages suffered by the owner because of the impounding. 9 (2) The court may make any order it considers appropriate in relation to 10 the stock if the court is satisfied that the impounding was not in 11 accordance with this part or that an amount paid by the owner under 12 this part was excessive. 13 (3) Without limiting subsection (2), an order for damages may include 14 an amount paid by the owner for the release of the stock. 15 Examples 16 1 maintenance fees 17 2 travelling fees 18 Note An example is part of the Act, is not exhaustive and may extend, but 19 does not limit, the meaning of the provision in which it appears (see 20 Legislation Act, s 126 and s 132). 21 42 Offence--allowing stock to trespass 22 A person commits an offence if-- 23 (a) the person engages in conduct reckless about whether stock 24 may trespass; and 25 page 20 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Impounding stock Section 43 (b) as a result of the conduct, stock trespasses. 1 Maximum penalty: 10 penalty units. 2 43 Offences relating to impounded stock 3 (1) A person commits an offence if the person releases or interferes 4 with impounded stock. 5 Maximum penalty: 10 penalty units. 6 (2) A person commits an offence if the person damages a fence or other 7 structure securing impounded stock. 8 Maximum penalty: 10 penalty units. 9 (3) An offence against this section is a strict liability offence. 10 44 Part does not affect other rights 11 This part does not affect any right that a person may have to recover 12 damages or compensation apart from this part. 13 Stock Bill 2005 page 21 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 6.1 General Section 45 Part 6 Enforcement 1 Division 6.1 General 2 45 Definitions for pt 6 3 In this part: 4 connected--a thing is connected with an offence if-- 5 (a) the offence has been committed in relation to it; or 6 (b) it will provide evidence of the commission of the offence; or 7 (c) it was used, is being used, or is intended to be used to commit 8 the offence. 9 occupier, of premises, includes-- 10 (a) a person believed, on reasonable grounds, to be an occupier of 11 the premises; and 12 (b) a person apparently in charge of the premises. 13 offence includes an offence that there are reasonable grounds for 14 believing has been, is being, or will be, committed. 15 Division 6.2 Authorised people 16 46 Appointment of authorised people 17 The chief executive may appoint a public servant to be an authorised 18 person for this Act. 19 Note 1 For the making of appointments (including acting appointments), see 20 the Legislation Act, pt 19.3. 21 Note 2 In particular, a person may be appointed for a particular provision of a 22 law (see Legislation Act, s 7 (3)) and an appointment may be made by 23 naming a person or nominating the occupant of a position (see s 207). 24 page 22 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Enforcement Division 6.3 Powers of authorised people Section 47 47 Identity cards 1 (1) The chief executive must give an authorised person an identity card 2 stating the person's name and that the person is an authorised 3 person. 4 (2) The identity card must show-- 5 (a) a recent photograph of the person; and 6 (b) the card's date of issue and expiry; and 7 (c) anything else prescribed by regulation. 8 (3) A person commits an offence if-- 9 (a) the person stops being an authorised person; and 10 (b) the person does not return the person's identity card to the 11 chief executive as soon as practicable, but no later than 7 days 12 after the day the person stops being an authorised person. 13 Maximum penalty: 1 penalty unit. 14 (4) An offence against this section is a strict liability offence. 15 Division 6.3 Powers of authorised people 16 48 Power to enter premises 17 (1) For this Act, an authorised person may-- 18 (a) at any reasonable time, enter premises that the public is entitled 19 to use or that are open to the public (whether or not on 20 payment of money); or 21 (b) at any time, enter premises with the occupier's consent; or 22 (c) enter premises in accordance with a search warrant. 23 (2) For the purpose of checking the accuracy of a return under section 9 24 (Returns for stock levy), an authorised person may, at any 25 reasonable time, enter premises if the authorised person believes, on 26 Stock Bill 2005 page 23 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 6.3 Powers of authorised people Section 49 reasonable grounds, that there is stock, or any documents relevant to 1 the return at the premises. 2 (3) However, subsection (1) (a) or (2) does not authorise entry into a 3 part of premises that is being used only for residential purposes. 4 (4) An authorised person may, without the consent of the occupier of 5 premises, enter land around the premises to ask for consent to enter 6 the premises. 7 (5) To remove any doubt, an authorised person may enter premises 8 under subsection (1) without payment of an entry fee or other 9 charge. 10 (6) In this section: 11 at any reasonable time includes at any time-- 12 (a) for subsection (1) (a)--when the public is entitled to use the 13 premises, or when the premises are open to or used by the 14 public (whether or not on payment of money); and 15 (b) for subsection (2)--during normal business hours. 16 49 Production of identity card 17 An authorised person must not remain at premises entered under this 18 part if the authorised person does not produce his or her identity 19 card when asked by the occupier. 20 50 Consent to entry 21 (1) When seeking the consent of an occupier of premises to enter 22 premises under section 48 (1) (b), an authorised person must-- 23 (a) produce his or her identity card; and 24 (b) tell the occupier-- 25 (i) the purpose of the entry; and 26 page 24 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Enforcement Division 6.3 Powers of authorised people Section 51 (ii) that anything found and seized under this part may be 1 used in evidence in court; and 2 (iii) that consent may be refused. 3 (2) If the occupier consents, the authorised person must ask the occupier 4 to sign a written acknowledgment (an acknowledgement of 5 consent)-- 6 (a) that the occupier was told-- 7 (i) the purpose of the entry; and 8 (ii) that anything found and seized under this part may be 9 used in evidence in court; and 10 (iii) that consent may be refused; and 11 (b) that the occupier consented to the entry; and 12 (c) stating the time and date when consent was given. 13 (3) If the occupier signs an acknowledgment of consent, the authorised 14 person must immediately give a copy to the occupier. 15 (4) A court must find that the occupier did not consent to entry to the 16 premises by the authorised person under this part if-- 17 (a) the question arises in a proceeding in the court whether the 18 occupier consented to the entry; and 19 (b) an acknowledgment of consent is not produced in evidence; 20 and 21 (c) it is not proved that the occupier consented to the entry. 22 51 General powers on entry to premises 23 (1) An authorised person who enters premises under this part may, for 24 this Act, do 1 or more of the following in relation to the premises or 25 anything on the premises: 26 (a) inspect or examine; 27 Stock Bill 2005 page 25 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 6.3 Powers of authorised people Section 52 (b) take measurements or conduct tests; 1 (c) take samples; 2 (d) take photographs, films, or audio, video or other recordings; 3 (e) require the occupier, or anyone at the premises, to give the 4 authorised person reasonable help to exercise a power under 5 this part. 6 Note The Legislation Act, s 170 and s 171 deal with the application of the 7 privilege against self incrimination and client legal privilege. 8 (2) A person must take all reasonable steps to comply with a 9 requirement made of the person under subsection (1) (e). 10 Maximum penalty: 50 penalty units. 11 52 Power to require name and address 12 (1) An authorised person may require a person to state the person's 13 name and home address if the authorised person believes, on 14 reasonable grounds, that the person is committing or has just 15 committed an offence against this Act. 16 Note A reference to an Act includes a reference to the statutory instruments 17 made or in force under the Act, including any regulation (see 18 Legislation Act, s 104). 19 (2) The authorised person must tell the person the reason for the 20 requirement and, as soon as practicable, record the reason. 21 (3) The person may ask the authorised person to produce his or her 22 identity card for inspection by the person. 23 (4) A person must comply with a requirement made of the person under 24 subsection (1) if the authorised person-- 25 (a) tells the person the reason for the requirement; and 26 page 26 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Enforcement Division 6.3 Powers of authorised people Section 53 (b) complies with any request made by the person under 1 subsection (3). 2 Maximum penalty: 10 penalty units. 3 (5) An offence against this section is a strict liability offence. 4 (6) In this section: 5 home address, of a person, means the address of the place where the 6 person usually lives. 7 53 Power to seize things 8 (1) An authorised person who enters premises under this part with the 9 occupier's consent may seize anything at the premises if-- 10 (a) the authorised person is satisfied, on reasonable grounds, that 11 the thing is connected with an offence against this Act; and 12 (b) seizure of the thing is consistent with the purpose of the entry 13 told to the occupier when seeking the occupier's consent. 14 (2) An authorised person who enters premises under a warrant under 15 this part may seize anything at the premises that the authorised 16 person is authorised to seize under the warrant. 17 (3) An authorised person who enters premises under this part (whether 18 with the occupier's consent, under a warrant or otherwise) may seize 19 anything at the premises if satisfied, on reasonable grounds, that-- 20 (a) the thing is connected with an offence against this Act; and 21 (b) the seizure is necessary to prevent the thing from being-- 22 (i) concealed, lost or destroyed; or 23 (ii) used to commit, continue or repeat the offence. 24 (4) Having seized a thing, an authorised person may-- 25 (a) remove the thing from the premises where it was seized (the 26 place of seizure) to another place; or 27 Stock Bill 2005 page 27 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 6.4 Search warrants Section 54 (b) leave the thing at the place of seizure but restrict access to it. 1 (5) A person commits an offence if-- 2 (a) the person interferes with a seized thing, or anything 3 containing a seized thing, to which access has been restricted 4 under subsection (4); and 5 (b) the person does not have an authorised person's approval to 6 interfere with the thing. 7 Maximum penalty: 50 penalty units. 8 (6) An offence against this section is a strict liability offence. 9 Division 6.4 Search warrants 10 54 Warrants generally 11 (1) An authorised person may apply to a magistrate for a warrant to 12 enter premises. 13 (2) The application must be sworn and state the grounds on which the 14 warrant is sought. 15 (3) The magistrate may refuse to consider the application until the 16 authorised person gives the magistrate all the information the 17 magistrate requires about the application in the way the magistrate 18 requires. 19 (4) The magistrate may issue a warrant only if satisfied there are 20 reasonable grounds for suspecting-- 21 (a) there is a particular thing or activity connected with an offence 22 against this Act; and 23 (b) the thing or activity-- 24 (i) is, or is being engaged in, at the premises; or 25 (ii) may be, or may be engaged in, at the premises within the 26 next 14 days. 27 page 28 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Enforcement Division 6.4 Search warrants Section 55 (5) The warrant must state-- 1 (a) that an authorised person may, with any necessary assistance 2 and force, enter the premises and exercise the authorised 3 person's powers under this part; and 4 (b) the offence for which the warrant is sought; and 5 (c) the thing that may be seized under the warrant; and 6 (d) the hours when the premises may be entered; and 7 (e) the date, within 14 days after the day of the warrant's issue, the 8 warrant ends. 9 55 Warrants--application made other than in person 10 (1) An authorised person may apply for a warrant by phone, fax, radio 11 or other form of communication if the authorised person considers it 12 necessary because of-- 13 (a) urgent circumstances; or 14 (b) other special circumstances. 15 (2) Before applying for the warrant, the authorised person must prepare 16 an application stating the grounds on which the warrant is sought. 17 (3) The authorised person may apply for the warrant before the 18 application is sworn. 19 (4) After issuing the warrant, the magistrate must immediately fax a 20 copy to the authorised person if it is practicable to do so. 21 (5) If it is not practicable to fax a copy to the authorised person-- 22 (a) the magistrate must-- 23 (i) tell the authorised person the terms of the warrant; and 24 (ii) tell the authorised person the date and time the warrant 25 was issued; and 26 Stock Bill 2005 page 29 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 6.4 Search warrants Section 56 (b) the authorised person must complete a form of warrant (the 1 warrant form) and write on it-- 2 (i) the magistrate's name; and 3 (ii) the date and time the magistrate issued the warrant; and 4 (iii) the warrant's terms. 5 (6) The faxed copy of the warrant, or the warrant form properly 6 completed by the authorised person, authorises the entry and the 7 exercise of the authorised person's powers under this part. 8 (7) The authorised person must, at the first reasonable opportunity, send 9 to the magistrate-- 10 (a) the sworn application; and 11 (b) if the authorised person completed a warrant form--the 12 completed warrant form. 13 (8) On receiving the documents, the magistrate must attach them to the 14 warrant. 15 (9) A court must find that a power exercised by the authorised person 16 was not authorised by a warrant under this section if-- 17 (a) the question arises in a proceeding in the court whether the 18 exercise of power was authorised by a warrant; and 19 (b) the warrant is not produced in evidence; and 20 (c) it is not proved that the exercise of power was authorised by a 21 warrant under this section. 22 56 Search warrants--announcement before entry 23 (1) An authorised person must, before anyone enters premises under a 24 search warrant-- 25 (a) announce that the authorised person is authorised to enter the 26 premises; and 27 page 30 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Enforcement Division 6.4 Search warrants Section 57 (b) give anyone at the premises an opportunity to allow entry to 1 the premises; and 2 (c) if the occupier of the premises, or someone else who 3 apparently represents the occupier, is present at the premises-- 4 identify himself or herself to the person. 5 (2) The authorised person is not required to comply with subsection (1) 6 if the authorised person believes, on reasonable grounds, that 7 immediate entry to the premises is required to ensure-- 8 (a) the safety of anyone (including the authorised person or a 9 person assisting); or 10 (b) that the effective execution of the warrant is not frustrated. 11 57 Details of search warrant to be given to occupier etc 12 If the occupier of premises, or someone else who apparently 13 represents the occupier, is present at the premises while a search 14 warrant is being executed, the authorised person or a person 15 assisting must make available to the person-- 16 (a) a copy of the warrant; and 17 (b) a document setting out the rights and obligations of the person. 18 58 Occupier entitled to be present during search etc 19 (1) If the occupier of premises, or someone else who apparently 20 represents the occupier, is present at the premises while a search 21 warrant is being executed, the person is entitled to observe the 22 search being conducted. 23 (2) However, the person is not entitled to observe the search if-- 24 (a) to do so would impede the search; or 25 (b) the person is under arrest, and allowing the person to observe 26 the search being conducted would interfere with the objectives 27 of the search. 28 Stock Bill 2005 page 31 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 6.5 Return and forfeiture of things seized Section 59 (3) This section does not prevent 2 or more areas of the premises being 1 searched at the same time. 2 Division 6.5 Return and forfeiture of things seized 3 59 Receipt for things seized 4 (1) As soon as practicable after an authorised person seizes a thing 5 under this part, the authorised person must give a receipt for it to the 6 person from whom it was seized. 7 (2) If, for any reason, it is not practicable to comply with subsection (1), 8 the authorised person must leave the receipt, secured conspicuously, 9 at the place of seizure under section 53 (Power to seize things). 10 (3) A receipt under this section must include the following: 11 (a) a description of the thing seized; 12 (b) an explanation of why the thing was seized; 13 (c) the authorised person's name, and how to contact the 14 authorised person; 15 (d) if the thing is moved from the place of seizure--where the 16 thing is to be taken. 17 60 Moving things to another place for examination or 18 processing under search warrant 19 (1) A thing found at premises entered under a search warrant may be 20 moved to another place for examination or processing to decide 21 whether it may be seized under the warrant if-- 22 (a) both of the following apply: 23 (i) there are reasonable grounds for believing that the thing is 24 or contains something to which the warrant relates; 25 (ii) it is significantly more practicable to do so having regard 26 to the timeliness and cost of examining or processing the 27 page 32 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Enforcement Division 6.5 Return and forfeiture of things seized Section 61 thing at another place and the availability of expert 1 assistance; or 2 (b) the occupier of the premises agrees in writing. 3 (2) The thing may be moved to another place for examination or 4 processing for no longer than 72 hours. 5 (3) An authorised person may apply to a magistrate for an extension of 6 time if the authorised person believes, on reasonable grounds, that 7 the thing cannot be examined or processed within 72 hours. 8 (4) The authorised person must give notice of the application to the 9 occupier of the premises, and the occupier is entitled to be heard on 10 the application. 11 (5) If a thing is moved to another place under this section, the 12 authorised person must, if practicable-- 13 (a) tell the occupier of the premises the address of the place where, 14 and time when, the examination or processing will be carried 15 out; and 16 (b) allow the occupier or the occupier's representative to be 17 present during the examination or processing. 18 (6) The provisions of this part relating to the issue of search warrants 19 apply, with any necessary changes, to the giving of an extension 20 under this section. 21 61 Access to things seized 22 A person who would, apart from the seizure, be entitled to inspect a 23 thing seized under this part may-- 24 (a) inspect it; and 25 (b) if it is a document--take extracts from it or make copies of it. 26 Stock Bill 2005 page 33 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 6.5 Return and forfeiture of things seized Section 62 62 Return of things seized 1 (1) A thing seized under this part must be returned to its owner, or 2 reasonable compensation must be paid by the Territory to the owner 3 for the loss of the thing, if-- 4 (a) an infringement notice for an offence relating to the thing is 5 not served on the owner within 90 days after the day of the 6 seizure and-- 7 (i) a prosecution for an offence relating to the thing is not 8 begun within the 90-day period; or 9 (ii) a prosecution for an offence relating to the thing is begun 10 within the 90-day period but the court does not find the 11 offence proved; or 12 (b) an infringement notice for an offence relating to the thing is 13 served on the owner within 90 days after the day of the seizure, 14 the infringement notice is withdrawn and-- 15 (i) a prosecution for an offence relating to the thing is not 16 begun within the 90-day period; or 17 (ii) a prosecution for an offence relating to the thing is begun 18 within the 90-day period but the court does not find the 19 offence proved; or 20 (c) an infringement notice for an offence relating to the thing is 21 served on the owner and not withdrawn within 90 days after 22 the day of the seizure, liability for the offence is disputed in 23 accordance with the Magistrates Court Act 1930, section 132 24 (Disputing liability for infringement notice offence) and-- 25 (i) an information is not laid in the Magistrates Court against 26 the person for the offence within 60 days after the day 27 notice is given under section 132 that liability is disputed; 28 or 29 page 34 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Enforcement Division 6.6 Miscellaneous Section 63 (ii) an information is laid in the Magistrates Court against the 1 person for the offence within the 60-day period, but the 2 Magistrates Court does not find the offence proved. 3 (2) If anything seized under this part is not required to be returned or 4 reasonable compensation is not required to be paid under 5 subsection (1), the thing-- 6 (a) is forfeited to the Territory; and 7 (b) may be sold, destroyed or otherwise disposed of as the chief 8 executive directs. 9 Division 6.6 Miscellaneous 10 63 Damage etc to be minimised 11 (1) In the exercise, or purported exercise, of a function under this part, 12 an authorised person must take all reasonable steps to ensure that the 13 authorised person, and a person assisting, causes as little 14 inconvenience, detriment and damage as practicable. 15 (2) If an authorised person, or a person assisting, damages anything in 16 the exercise or purported exercise of a function under this part, the 17 authorised person must give written notice of the particulars of the 18 damage to the person the authorised person believes, on reasonable 19 grounds, is the owner of the thing. 20 (3) If the damage happens at premises entered under this part in the 21 absence of the occupier, the notice may be given by leaving it, 22 secured conspicuously, at the premises. 23 64 Compensation for exercise of enforcement powers 24 (1) A person may claim compensation from the Territory if the person 25 suffers loss or expense because of the exercise, or purported 26 exercise, of a function under this part by an authorised person or a 27 person assisting an authorised person. 28 Stock Bill 2005 page 35 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 6.6 Miscellaneous Section 64 (2) Compensation may be claimed and ordered in a proceeding for-- 1 (a) compensation brought in a court of competent jurisdiction; or 2 (b) an offence against this Act brought against the person making 3 the claim for compensation. 4 (3) A court may order the payment of reasonable compensation for the 5 loss or expense only if it is satisfied it is just to make the order in the 6 circumstances of the particular case. 7 (4) A regulation may prescribe matters that may, must or must not be 8 taken into account by the court in considering whether it is just to 9 make the order. 10 page 36 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Review of decisions Section 65 Part 7 Review of decisions 1 65 Reviewable decisions 2 The following decisions are reviewable decisions: 3 (a) determining the stock carrying capacity of land under 4 section 7; 5 (b) refusing to register a mark under section 16; 6 (c) cancelling a registered mark under section 19; 7 (d) refusing to give approval under section 24 to earmark large 8 stock. 9 66 Review of decisions 10 (1) Application may be made to the AAT for review of a reviewable 11 decision. 12 (2) A person who makes a reviewable decision must give written notice 13 of the decision to each person affected by the decision. 14 (3) The notice must be in accordance with the requirements of the code 15 of practice in force under the Administrative Appeals Tribunal 16 Act 1989, section 25B (1). 17 Stock Bill 2005 page 37 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 67 Part 8 Miscellaneous 1 67 References to particular animals 2 In this Act, a reference to an animal of a particular kind is a 3 reference to an animal of that kind irrespective of age or sex. 4 68 Determination of fees 5 (1) The Minister may, in writing, determine fees for this Act. 6 Note The Legislation Act contains provisions about the making of 7 determinations and regulations relating to fees (see pt 6.3) 8 (2) A determination is a disallowable instrument. 9 Note A disallowable instrument must be notified, and presented to the 10 Legislative Assembly, under the Legislation Act. 11 69 Approved forms 12 (1) The Minister may, in writing, approve forms for this Act. 13 (2) If the Minister approves a form for a particular purpose, the 14 approved form must be used for that purpose. 15 Note For other provisions about forms, see the Legislation Act, s 255. 16 (3) An approved form is a notifiable instrument. 17 Note A notifiable instrument must be notified under the Legislation Act. 18 70 Regulation-making power 19 (1) The Executive may make regulations for this Act. 20 Note A regulation must be notified, and presented to the Legislative 21 Assembly, under the Legislation Act. 22 (2) A regulation may make provision in relation to the destruction of 23 trespassing stock. 24 page 38 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Miscellaneous Section 70 (3) A regulation may create offences and fix maximum penalties of not 1 more than 10 penalty units for the offences. 2 Stock Bill 2005 page 39 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 71 Part 9 Transitional 1 71 Definitions for pt 9 2 In this part: 3 commencement day means the day this Act commences. 4 repealed Act means the Stock Act 1991. 5 72 Register under repealed Act 6 A register kept under the repealed Act, section 23 is taken to be a 7 register under section 13. 8 73 Travelling stock permits made under repealed Act 9 (1) This section applies to a travelling stock permit issued under the 10 repealed Act, part 4 in force immediately before the commencement 11 day. 12 (2) The permit is taken to have been issued under part 4. 13 74 Transitional regulations 14 (1) A regulation may prescribe transitional matters necessary or 15 convenient to be prescribed because of the enactment of this Act. 16 (2) A regulation may modify this part to make provision in relation to 17 anything that, in the Executive's opinion, is not, or is not adequately 18 or appropriately, dealt with in this part. 19 (3) A regulation under subsection (2) has effect despite anything 20 elsewhere in this Act. 21 75 Expiry of pt 9 22 This part expires 2 years after the day it commences. 23 page 40 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Consequential amendments and repeals Section 76 Part 10 Consequential amendments and 1 repeals 2 76 Legislation repealed 3 This Act repeals the following legislation and instruments: 4 Pounds Act 1928 A1928-10 · 5 Pounds Act 1928-Form 3 AF2002-123 · 6 Pounds Act 1928-Form 4 AF2002-124 · 7 Pounds (Fees) Determination 2004 DI2004-111 · 8 Pounds Regulation 1929 · 9 Stock Act 1991 A1991-10 · 10 Stock Act 1991 Determination of Fees DI1991-50 · 11 Stock (Fees) Determination 2004 DI2004-112 · 12 Stock (Levy) Determination 2004 DI2004-113. · 13 77 Legislation amended--sch 1 14 This Act amends the legislation mentioned in schedule 1. 15 Stock Bill 2005 page 41 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 Animal Welfare Act 1992 Section [1.1] Schedule 1 Consequential amendments 1 (see s 77) 2 Part 1.1 Animal Welfare Act 1992 3 [1.1] Section 17 (3) (c) 4 omit 5 Stock Act 1991 6 substitute 7 Stock Act 2005 8 Part 1.2 Environment Protection Act 1997 9 [1.2] Schedule 1, section 1, definition of stock 10 substitute 11 stock--see the Stock Act 2005, dictionary. 12 Part 1.3 Uncollected Goods Act 1996 13 [1.3] Section 3 (2) (d) 14 omit 15 or the Pounds Act 1928 16 page 42 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Dictionary 1 (see s 3) 2 Note 1 The Legislation Act contains definitions and other provisions relevant to 3 this Act. 4 Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: 5 · contravene 6 · exercise 7 · financial year 8 · function 9 · public servant 10 · State. 11 at premises includes in or on the premises. 12 authorised person means an authorised person under section 46. 13 bovine means any animal of the bovine group of animals within the 14 bovidae family. 15 Examples of bovine 16 1 bison (genus Bison bison) 17 2 Brahman (genus Bos indicus) 18 3 buffalo (genus Bubalus bubalis) 19 4 Hereford (genus Bos taurus) 20 Note 1 A reference to an animal of a particular kind is a reference to an animal 21 of that kind irrespective of age or sex (see s 67). 22 Note 2 An example is part of the Act, is not exhaustive and may extend, but 23 does not limit, the meaning of the provision in which it appears (see 24 Legislation Act, s 126 and s 132). 25 connected, for part 6 (Enforcement)--see section 45. 26 earmark means a shape cut into the ear of an animal. 27 engage in conduct means-- 28 (a) do an act; or 29 Stock Bill 2005 page 43 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] (b) fail to do an act. 1 equine means a horse, donkey, mule or hinny. 2 Note A reference to an animal of a particular kind is a reference to an animal 3 of that kind irrespective of age or sex (see s 67). 4 holding means any parcel or parcels of land worked as a single 5 property, whether held under the same or different titles. 6 impound, for part 5 (Impounding stock)--see section 32. 7 large stock means an equine, bovine, alpaca, or any other animal 8 declared by regulation to be large stock. 9 maintenance fee, for impounded stock, means the fee determined 10 under section 68 for maintaining the stock. 11 mark means an earmark or permanent brand. 12 occupier, of premises, for part 6 (Enforcement)--see section 45. 13 offence, for part 6 (Enforcement)--see section 45. 14 owner, of stock, includes a person who is in control of the stock for 15 the owner. 16 premises includes land or a structure or vehicle and any part of an 17 area of land or a structure or vehicle. 18 permanent brand means a mark made on the skin of an animal by 19 burning or freezing. 20 permit means a permit to travel stock. 21 register means a register of stock marks kept under section 13. 22 registered mark means a mark registered under section 16. 23 registered owner, of a mark--see section 17. 24 reviewable decision--see section 65. 25 road means any road, street, lane, thoroughfare or footpath open to, 26 or used by, the public. 27 page 44 Stock Bill 2005 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] small stock means a sheep, goat, pig, or any other animal declared 1 by regulation to be small stock. 2 stock means large stock or small stock. 3 stock levy--see section 8. 4 stock unit means a stock unit determined under section 6. 5 travel, for stock, means drive or transport the stock outside the 6 holding where they are normally kept. 7 travelling fee, for impounded stock, means the fee determined under 8 section 68 for travelling the stock. 9 vehicle-- 10 (a) see the Road Transport (General) Act 1999, dictionary; and 11 (b) includes a boat or aircraft. 12 Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2005. 2 Notification Notified under the Legislation Act on 2005. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2005 Stock Bill 2005 page 45 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au