New South Wales Consolidated Acts

STOCK DISEASES ACT 1923 - SECT 9

9 Occupier etc to give notice

(1) The occupier of any land upon which stock are depasturing, or the owner of any stock, or in the case of travelling stock the person in charge of the stock, shall, subject to subsection (4), give written notice in accordance with subsection (3) within a period of 48 hours after it first comes to his or her knowledge that any of the stock are diseased.

Maximum penalty: 100 penalty units.

(2) Subject to subsection (4), every veterinary practitioner who examines or is consulted with respect to any stock, and any other person who, whether in the practice of veterinary science or otherwise, attends or is consulted with respect to any stock shall, if he or she is of opinion or suspects that any of the stock is diseased, give written notice in accordance with subsection (3) within a period of 48 hours after he or she examined or attended the stock or was consulted with respect to the stock.

Maximum penalty: 100 penalty units.

(2A) Subject to subsection (4), every veterinary practitioner who, as a result of an examination or consultation concerning any stock or artificial breeding material, is of the opinion or suspects that artificial breeding material is diseased, must give written notice in accordance with subsection (3AA) within a period of 48 hours after he or she examined or was consulted with respect to the stock or artificial breeding material.

Maximum penalty: 100 penalty units.

(2B) A written notice referred to in subsection (2A) is to be given to an inspector of a class prescribed by the regulations for the purposes of this subsection or, if no such class is prescribed, an inspector employed by the Department.

(3) A written notice referred to in subsection (1) or (2) is to be given to:

(a) the livestock health and pest authority for the livestock health and pest district in which the stock are then located, or

(c) an inspector of a class prescribed by the regulations for the purposes of this paragraph or, if no such class is prescribed, an inspector employed by the Department.

(3AA) The notice must state the following matters to the best of the knowledge of the person giving the notice:

(a) the nature of the disease,

(b) in the case of a disease in stock, the number and description of the stock and of the stock that are diseased or believed to be or suspected of being diseased,

(c) in the case of a disease in artificial breeding material, the nature and quantity of the artificial breeding material and of the artificial breeding material that is diseased or believed to be or suspected of being diseased,

(d) the location of the stock or artificial breeding material,

(e) the name and address of the owner of the stock or artificial breeding material,

(f) the name of the occupier of the land or premises where the stock or artificial breeding material is located,

(g) if the stock are travelling, the name and address of the person in charge of the stock.

(3A) If stock are on land which forms part of a holding (as defined in the Rural Lands Protection Act 1998 ) and the holding is situated in 2 or more pastures protection districts the land shall, for the purposes of subsection (3), be taken to be:

(a) in the district in which the greater part of the holding lies, or

(b) if the holding lies equally in each of the districts, in the district in which the main residence of the occupier of the holding is situated.

(4) Where in any particular case it is impracticable for any such occupier, owner, person in charge, veterinary practitioner or other person to give such written notice within such period of 48 hours, it shall be a sufficient compliance with the provisions of subsection (1), (2) or (2A), as the case may be, if he or she gives to any such authority or inspector verbal notice of the disease or suspected disease within such period and confirms it in such written form:

(a) in the case of an occupier, owner or person in charge, within 5 days, or

(b) in the case of a veterinary practitioner or other person, within 10 days,

after the expiration of such period.

(5) An occupier, owner or person in charge referred to in subsection (1) shall, so far as is practicable, cause any diseased stock to be drafted out and kept separate from stock which are not diseased.

Maximum penalty: 100 penalty units.

(6) Proceedings against a person for a contravention of any of the provisions of this section may be instituted under this Act at any time within 12 months after the date on which the offence is alleged to have been committed.