Northern Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
LIVESTOCK BILL 2008
Serial 13
Livestock
Bill 2008
Mr
Vatskalis
A Bill for an Act relating to
livestock and associated matters
NORTHERN TERRITORY OF
AUSTRALIA
livestock ACT 2008
____________________
Act No. [ ] of
2008
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2008
____________________
An Act relating to livestock and
associated matters
[Assented to [ ]
2008]
[Second reading [ ]
2008]
The Legislative Assembly of the Northern
Territory enacts as follows:
Part 1 Preliminary
matters
Short title
This Act may be cited as the Livestock Act
2008.
This Act commences on the date fixed by the
Administrator by Gazette notice.
The object of this Act is to promote a sustainable
livestock industry and associated industries by:
(a) establishing methods of identifying and tracing
livestock; and
(b) supporting market access to, and product
integrity of, livestock and livestock products; and
(c) regulating the movement of livestock, animal
products and other things associated with livestock; and
(d) protecting the health and welfare of livestock
by establishing standards and procedures for managing livestock, controlling
diseases and implementing the national biosecurity strategy and by other means;
and
(e) providing compensation for losses caused by
certain livestock diseases.
In this Act:
3-letter brand means a brand
consisting of 3 letters, including the letter "T", of a size prescribed by
regulation.
abattoir means an establishment at
which the slaughter of livestock is licensed under the Meat Industries
Act.
animal pathogen means a prion, virus,
rickettsia, bacterium, protozoon, fungus, helminth, arthropod, insect or other
pathogen or organism that is capable of causing a disease in
livestock.
animal product includes the
following:
(a) the carcass or a portion of a carcass of
livestock;
(b) the meat, blood, hide, skin, wool, hair,
feathers, beaks, horns, antlers, hooves, feet and offal of
livestock;
(c) fat, milk, whey, cream, butter, cheese, eggs and
other food or foodstuffs derived from livestock;
(d) honey and other products from honey
bees;
(e) the semen, ova or embryo of
livestock;
(f) the secretions and excretions, including manure
and other wastes, from livestock.
approved form means a form approved
under section (1) or .
authorisation means an authorisation
in accordance with section .
biological preparation means any of
the following:
(a) a product used in relation to the diagnosis,
prevention, alleviation or cure of a disease or abnormal condition in livestock
that is:
(i) prepared in any manner from animal tissue
(including blood, lymph or glandular secretion); or
(ii) produced in any manner by the agency of any
microscopic or ultramicroscopic organisms or ferments;
(b) a synthetic compound identical with or closely
related to a product mentioned in paragraph (a) and having or claimed to have a
comparable use;
(c) a substance prescribed by
regulation.
brand means a 3-letter brand or symbol
brand.
buffalo means animals of the species
Bubalus bubalis.
carcass includes the hide, skin, wool,
hair and viscera of an animal.
cattle means bovine animals but does
not include buffalo.
Chief Inspector means the person
holding or occupying the office of Chief Inspector of Livestock mentioned in
section .
classified property means a property
given a classification under section (1).
control, of a disease, includes the
following:
(a) investigating the existence of the
disease;
(b) monitoring the extent of the
disease;
(c) preventing the occurrence or spread of the
disease;
(d) preventing the disease entering the
Territory;
(e) eradicating the disease.
control program means a disease
control program established under section (1).
controlled livestock, see section
(2)(b).
Crown lands, see the Crown Lands
Act.
declared area means an area or zone
declared under section (1)(a), (b) or (c).
destroyed livestock, for Part 5, see
section (1).
destroyed things, for Part 5, see
section (2).
determination of classifications, see
section (1).
determination of compensation means a
determination of compensation payable under Part 5, Division 4.
disease means a disease or condition
capable of affecting livestock.
earmark means a mark made on the ear
of an animal.
emergency disease, see section
(3).
endemic disease, see section
(4).
enter includes board.
exotic disease, see section
(5).
fence includes a wall, railing and any
similar fixed or portable barrier or structure.
fodder means hay, straw, grass, green
crop, root, vegetable, grain, corn, meal, licks, litter, manure, manufactured
foodstuff, mammalian material or other similar thing:
(a) used, or intended for use, as food or litter for
livestock; or
(b) used, or intended for use, as an ingredient of
food or litter for livestock; or
(c) found with or near livestock.
health certificate, for prescribed
imported livestock, means a health certificate in accordance with section
(2).
horse means an equine
animal.
infected, see section
(1).
inspector means a person holding or
occupying the office of an inspector of livestock mentioned in section , and
includes the Chief Inspector.
livestock , see section
.
mammalian material
means:
(a) blood, bone, flesh or other tissue from mammals;
or
(b) meal obtained by rendering mammalian blood,
bone, flesh or other tissue.
notifiable disease, see section
(2).
obstruct includes resist and
hinder.
owner includes the
following:
(a) in relation to premises – a person who
holds an estate in fee simple in, or a lease or licence over, the premises and a
person who manages or has control over the premises;
(b) in relation to livestock or other things –
an agent or employee of the owner and a person who has control of the livestock
or thing.
pecuniary interest, for Part 5,
Division 4, does not include a fee or commission payable to a member of a
valuation panel, valuer or valuation reviewer.
possession includes custody, care,
control and supervision.
poultry includes all species of
domestic ducks, geese and turkeys.
premises means any of the
following:
(a) a property;
(b) a building or other structure and the land on
which it is situated, irrespective of whether the building or structure is
affixed to the land;
(c) a vehicle, including an aircraft, vessel and
rolling stock operating on or using a railway track.
prescribed imported livestock means
livestock prescribed under section (1).
prescribed travelling livestock means
livestock prescribed under section (1).
program area, see section
(2)(c).
property means land held by a person
under any form of tenure.
quarantine order means an order made
under Part 4, Division 3.
reasonably believes means believes on
reasonable grounds.
reasonably suspects means suspects on
reasonable grounds.
registered, in relation to a person,
thing or matter, means information about the person, thing or matter entered in
a register kept under this Act.
registered veterinarian, see the
Veterinarians Act.
Registrar means the person holding or
occupying the office of Registrar mentioned in section .
residential premises means premises
used exclusively or primarily as a residence, and includes a private room in
(but not any other part of) a motel, hotel or guesthouse.
review means the review of a
reviewable decision conducted under section .
reviewable decision means a decision
mentioned in section , or .
sell means dispose of for valuable
consideration, and includes the following:
(a) barter;
(b) consign to an agent for sale;
(c) offer for sale;
(d) receive or possess for sale;
(e) expose for sale;
(f) send or deliver for sale;
(g) permit to be sold, offered or exposed for
sale.
standstill zone means an area declared
under section (1) to be a standstill zone.
standstill zone movement permit means
a permit issued under section (1).
stock route means
land:
(a) reserved under the Crown Lands Act for a
stock route and travelling stock; or
(b) declared under the Crown Lands Act to be
a route for the passage of travelling stock.
structure includes a yard, pen and
enclosure but does not include a building used as residential
premises.
symbol brand means a brand consisting
of a symbol.
travelling livestock means livestock
driven on the hoof, or transported by road, rail, water or air in the Territory,
outside the property on which the livestock are usually kept.
test includes analysis, examination,
experiment and investigation.
treat means to dip, drench, dress,
rub, spray, spot, vaccinate, inject, implant, disinfect, fumigate or otherwise
treat or clean with a substance or mixture of substances.
valuation panel means the valuation
panel constituted under section .
valuation reviewer means a person
selected under section to review a determination of
compensation.
valuer means a person appointed under
section to make a determination of compensation.
warrant means a warrant to enter
residential premises issued under section (2).
waybill means an approved form of
waybill.
(1) The following animals are
livestock:
(a) crocodiles, cattle, buffalo, horses, camels,
sheep, goats, pigs (including wild pigs), deer, llamas, alpacas, poultry and
honey bees;
(b) any other animals declared to be livestock under
subsection (2).
(2) The Minister may, by Gazette notice,
declare animals to be livestock.
Application of Criminal
Code
Part IIAA of the Criminal Code applies to an offence
against this Act.
Note
Part IIAA of the Criminal Code states the general
principles of criminal responsibility, establishes general defences, and deals
with burden of proof. It also defines, or elaborates on, certain concepts
commonly used in the creation of offences.
This Act binds the Crown in right of the Territory
and, to the extent the legislative power of the Legislative Assembly permits,
the Crown in all its other capacities.
Part 2 Identification of livestock,
properties and other things
Division 1 Brands and
earmarks
Prescription of livestock for this
Division
The regulations may prescribe the livestock for
which the Registrar may register 3-letter brands under this
Division.
Registration of 3-letter brand, symbol brand
and earmark
(1) On application by a person in accordance with
the regulations, the Registrar may register a 3-letter brand to the
person:
(a) for use on a particular property;
and
(b) to be applied to particular livestock prescribed
under section .
(2) On application by the registered owner of a
3-letter brand, the Registrar may register a symbol brand or earmark (or both)
in connection with the 3-letter brand.
Limit on number of brands to be registered for
property
(1) A person may have only one 3-letter brand
registered to the person for use on a particular property.
(2) The registered owner of a 3-letter brand may
have no more than 3 symbol brands registered in connection with the
3-letter brand.
Transfer of registered 3-letter
brand
(1) The registered owner of a 3-letter brand may
apply to the Registrar to register the transfer of the brand to another
person.
(2) The transfer of a 3-letter brand operates as a
transfer of all symbol brands and earmarks registered in connection with the
3-letter brand.
Cancellation of registration, substitution and
re-registration
(1) The Registrar must cancel the registration of a
3-letter brand as soon as practicable after the registered owner of the brand
applies for its cancellation.
(2) The Registrar may cancel the registration of a
3-letter brand on the Registrar's initiative only in accordance with the
regulations.
(3) If the registration of a 3-letter brand is
cancelled, the registration of a symbol brand or earmark in connection with the
cancelled 3-letter brand is also cancelled unless the Registrar registers
another
3-letter brand in substitution for the
cancelled brand.
(4) The Registrar may re-register a 3-letter brand
5 or more years after the date on which the registration of the brand was
cancelled.
Registration of symbol brand for Chief
Inspector
On application by the Chief Inspector, the Registrar
may register a symbol brand to be used in connection with the testing or
treatment of particular livestock.
(1) If a public pound is established in the
Territory, the Registrar must allot a brand to the pound for use on impounded
horses or cattle.
(2) The Registrar must keep a register of brands
allotted to public pounds.
Division 2 Identification of properties and
other
things
System for identifying certain
properties
(1) The Registrar may establish and administer a
system to identify each property on which livestock prescribed by regulation are
kept.
(2) The Registrar must allot a property
identification code to each property identified by the system and keep a
register of allotted codes.
Approval of identification devices and
marks
(1) The Registrar may, by Gazette notice,
approve identification devices or identification marks to be attached or applied
to, or used on, livestock or things associated with livestock.
(2) An approval by the Registrar may be in
connection with the property identification system established under section or
for any other system of identification under this Act.
Part 3 Travelling livestock and stray
livestock
Division 1 Prescribed imported
livestock
Prescribed imported livestock and health
certificate
(1) The regulations may prescribe the livestock
that require a health certificate before being brought into the Territory from a
State or another Territory.
(2) A health certificate for prescribed imported
livestock:
(a) must be in an approved form;
and
(b) must be completed and signed by a veterinary
officer, or inspector of livestock (however described), employed by the State or
Territory where the travel of the livestock begins.
(3) The health certificate may be included in a
waybill issued for the prescribed imported livestock.
(4) The owner of prescribed imported livestock
commits an offence if the owner does not, before the livestock enter the
Territory, ensure there is a health certificate for the
livestock.
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
(1) The Chief Inspector may, by Gazette
notice, impose restrictions in relation to the prescribed imported livestock
specified in the notice.
(2) The notice may require the owner of the
livestock to do any of the following:
(a) ensure the livestock enter the Territory at a
specified place;
(b) before the livestock enter the Territory –
test or treat them as specified in the notice;
(c) before the livestock enter the Territory –
identify them or their disease status (or both) as specified in the
notice.
(3) The owner of prescribed imported livestock must
not contravene a notice under subsection (1).
Fault element: Intention.
Maximum penalty: 200 penalty units.
No purchase without health
certificate
A person must not purchase prescribed imported
livestock during their travel in the Territory, or at the place of their
destination in the Territory, if there is no health certificate for the
livestock.
Fault element: Knowledge that there is no health
certificate for the livestock.
Maximum penalty: 200 penalty units.
Division 2 Prescribed travelling
livestock
Prescribed travelling livestock and
waybill
(1) The regulations may prescribe the livestock for
which a waybill must be issued before the livestock begin
travelling.
(2) The owner of prescribed travelling livestock
commits an offence if the owner does not issue a completed waybill for the
livestock before they begin travelling.
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
(3) Subsection (2) does not apply
if:
(a) the livestock are being returned to the property
on which they are usually kept after straying beyond the boundaries of the
property; or
(b) the owner of the livestock has authorisation
from the Registrar to move the livestock without a waybill.
(4) The Registrar may authorise the owner of
prescribed travelling livestock to move the livestock without a waybill if the
Registrar considers it is reasonable in the circumstances to do
so.
No purchase without
waybill
A person must not purchase prescribed travelling
livestock during their travel in the Territory, or at the place of their
destination in the Territory, if there is no completed waybill for the
livestock.
Fault element: Knowledge that there is no waybill
for the livestock.
Maximum penalty: 200 penalty units.
Division 3 Use of stock
routes
Closure of stock route
(1) The Chief Inspector may close all or part of a
stock route if the Chief Inspector considers it should not be used by travelling
livestock.
(2) The closure may be because of (but is not
limited to) any of the following:
(a) drought;
(b) the destruction of pasture;
(c) the need to control a notifiable
disease.
(3) Notice of the closure must be published in the
Gazette and a newspaper circulating in the Territory, and the
closure takes effect on the later date of publication.
(4) A person must not drive travelling livestock on
the hoof on a part of a stock route that is closed under subsection
(1).
Fault elements:
The person:
(a) intentionally drives the livestock on the hoof
on that part of the stock route; and
(b) is reckless in relation to the circumstance of
the closure.
Maximum penalty: 200 penalty units.
Prescribed rate of travel
(1) The regulations may prescribe a rate of travel
for specified travelling livestock being driven on the hoof on a stock route
(specified travelling livestock).
(2) A person in charge of specified travelling
livestock commits an offence if the person does not move the livestock towards
their destination at the rate of travel prescribed for the
livestock.
Fault element: The person knows or ought to know the
livestock are not moving at the prescribed rate of travel.
Maximum penalty: 100 penalty units.
(3) Subsection (2) does not apply if the person has
authorisation from the Registrar, in accordance with the regulations, to move
the livestock at a slower rate of travel than is prescribed.
Travelling livestock not to be left
unattended
A person in charge of travelling livestock must not
leave any of the livestock unattended on a stock route.
Fault elements:
The person:
(a) intentionally leaves the livestock on a stock
route; and
(b) is reckless in relation to the circumstance that
the livestock are unattended.
Maximum penalty: 100 penalty units.
Division 4 Travelling livestock and stray
livestock on or near
properties
Owner of property may examine travelling
livestock
(1) This section applies if the owner of a property
through which, or along the boundary of which, travelling livestock are being
driven on the hoof reasonably believes it is necessary or desirable to examine
the livestock to prevent the spread of a disease.
(2) The owner of the property may:
(a) tell the person in charge of the travelling
livestock of the owner's belief and the grounds for it; and
(b) request the person to do any of the
following:
(i) allow the owner to inspect a waybill, health
certificate, permit or authorisation relating to the livestock;
(ii) allow the owner to examine the
livestock;
(iii) assist the owner by mustering and controlling
the livestock for examination.
(3) The person in charge of the travelling
livestock must comply with the property owner's request under subsection
(2)(b).
Fault element: Intention.
Maximum penalty: 100 penalty units.
Notification of escape of travelling
livestock
A person in charge of travelling livestock commits
an offence if:
(a) any of the livestock escape from the person's
control on or onto a property; and
(b) the person does not, as soon as reasonably
practicable, notify the owner of the property and an inspector of the
escape.
Fault element: Knowledge of the escape of the
livestock.
Maximum penalty: 100 penalty units.
Owner may retrieve stray livestock from
property
(1) This section applies if the owner of livestock
(the livestock owner) reasonably believes the livestock are on a
property owned by someone else (the property
owner).
(2) The livestock owner may give written notice to
the property owner that the livestock owner intends to:
(a) enter the property at a place specified in the
notice, at a time specified in the notice (which must be no earlier than 2 days
after the day on which notice is given); and
(b) muster the livestock specified in the notice;
and
(c) leave the property (with or without the
livestock), within 7 days after entering it, at a place specified in the
notice.
(3) The property owner may inspect the livestock
before they leave the property.
(4) The livestock owner commits an offence if the
livestock owner:
(a) enters the property other than in accordance
with the notice; or
(b) does not leave the property within 7 days after
entering it.
Fault element: Strict liability
offence.
Maximum penalty: 50 penalty units.
(5) It is a defence to a prosecution for an offence
against subsection (4) if the defendant establishes a reasonable
excuse.
Division 5 Inspector's powers relating to
travelling livestock
Powers
(1) For this Act, an inspector may do any of the
following:
(a) order a person who is accompanying travelling
livestock to state the name of the person who is in charge of the
livestock;
(b) order the person in charge of travelling
livestock to do any of the following:
(i) provide the name and address of the owner of the
livestock or the agent of the owner, or both;
(ii) state the place from which the livestock have
travelled;
(iii) state the place to which the livestock are
being delivered;
(iv) give other information concerning the livestock
that the inspector requires;
(v) produce a completed waybill for the
livestock;
(vi) drive or transport the livestock to a place
specified by the inspector and hold them at that place for the period the
inspector specifies;
(vii) move the livestock to a place where the
livestock may lawfully continue travelling if the inspector reasonably believes
they are at a place in contravention of this Act;
(viii) clean up and destroy any litter or refuse
left by the person or any other person accompanying the
livestock;
(ix) repair to the satisfaction of the inspector any
damage to installations or equipment on a stock route caused by the livestock,
the person in charge or any other person accompanying the
livestock;
(x) destroy or dispose of carcasses of any of the
livestock;
(xi) destroy livestock the inspector reasonably
believes are injured.
(2) A person given an order under subsection (1)
must not contravene the order.
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
(3) It is a defence to a prosecution for an offence
against subsection (2) if the defendant establishes a reasonable
excuse.
Division 1 Preliminary
matters
Infected livestock and other
things
Livestock, premises, animal products or other things
are infected if they:
(a) are suffering from or affected by a notifiable
disease; or
(b) have been in contact with anything that, at the
time of contact, was suffering from or affected by a notifiable disease;
or
(c) react to a test, approved by the Chief Inspector
by Gazette notice, for a notifiable disease.
Declaration and classification of notifiable
diseases
(1) The Chief Executive Officer may, by
Gazette notice, declare a disease or animal pathogen to be a notifiable
disease and classify it as an emergency disease, endemic disease or exotic
disease.
(2) A notifiable disease is a disease
or animal pathogen that poses a threat to the livestock
industry.
(3) An emergency disease is a disease
specified as such under an agreement between the State and Territory
Governments.
(4) An endemic disease is a
notifiable disease endemic to Australia.
(5) An exotic disease is a notifiable
disease originating outside Australia.
Publication of list of notifiable
diseases
(1) The Chief Inspector must publish on the
Agency's website a list of all notifiable diseases and their classifications as
emergency diseases, endemic diseases or exotic diseases.
(2) The Chief Inspector must make hard copies of
the list of notifiable diseases available to the public free of
charge.
Approval of laboratories and
tests
(1) The owner of a veterinary diagnostic laboratory
may apply in writing to the Chief Inspector to approve the laboratory for the
testing of samples or specimens taken from livestock or animal products to
determine whether they are infected.
(2) The Chief Inspector may approve the laboratory
by Gazette notice.
(3) The Chief Inspector may, by Gazette
notice, approve tests for the detection of an emergency disease that may be used
in a laboratory approved under subsection (1).
(4) In this section:
veterinary diagnostic laboratory means
premises used for any of the following purposes:
(a) the manufacture of biological
preparations;
(b) the pathological examination of sick or infected
livestock, or livestock suspected of being infected, or animal
products;
(c) the examination of livestock for internal or
external parasites;
(d) the analysis of toxic substances that may affect
livestock;
(e) the testing or use of animal pathogens or
biological preparations;
(f) the testing of specimens from livestock or
animal products, or the storage or processing of such
specimens.
Division 2 General powers for investigation
and protection
Inspectors may investigate and
destroy
(1) An inspector may do any of the
following:
(a) search for, trap and destroy vectors of
disease;
(b) investigate the following:
(i) the cause of a disease in livestock or other
things;
(ii) whether or not livestock or other things are
infected;
(iii) a source that is likely to cause or to have
caused livestock or other things to be infected;
(c) inspect or examine a thing or place for the
presence of a disease or animal pathogen.
(2) An inspector may take a sample of a carcass,
tissue of livestock or any other thing to be tested for the presence of a
disease, biological preparation, chemical or veterinary drug.
(3) In exercising a power under this section, an
inspector may destroy an animal or animal product only if:
(a) it is necessary to do so to enable a proper
diagnosis or investigation to be made; and
(b) the Chief Inspector or owner of the animal or
animal product consents to its destruction.
Inspectors may mark or treat livestock and
other things
(1) An inspector who reasonably suspects livestock
are infected, may do any of the following:
(a) mark the livestock in a way approved by the
Chief Inspector or order the owner of the livestock to do so;
(b) treat the livestock or order the owner of the
livestock to do so.
(2) An inspector who reasonably suspects any other
animal or an animal product is infected, may treat the animal or animal product
or order the owner of the animal or animal product to do so.
(3) An inspector may vaccinate livestock or any
other animals against a disease or order the owner of the livestock or animals
to do so.
Inspector may order destruction of
carcasses
If an inspector considers it necessary to prevent
the spread of a disease, the inspector may order the owner of livestock that
have died or been destroyed to destroy the carcasses of the livestock in a
specified manner.
Chief Inspector may order erection or
maintenance of facilities
The Chief Inspector may order the owner of livestock
to erect or maintain any of the following in accordance with the specifications
of the Chief Inspector:
(a) facilities for testing livestock for a
disease;
(b) a fence to contain livestock for testing for a
disease.
Chief Inspector may order general protection
measures
The Chief Inspector may order the owner of livestock
to protect, in a specified manner, livestock or any other thing from the risk of
infection.
Chief inspector may order
detention
The Chief Inspector may order the owner of livestock
to detain and hold any of the following:
(a) infected livestock or livestock the Chief
Inspector reasonably suspects are infected or may have come into contact with a
biological preparation;
(b) an animal product from infected livestock or
from livestock the Chief Inspector reasonably suspects are infected or may have
come into contact with a biological preparation;
(c) things used in connection with anything
mentioned in paragraph (a) or (b);
(d) fodder that may have come into contact with
anything mentioned in paragraphs (a) to (c).
Chief Inspector may seize and order
destruction or removal
(1) The Chief Inspector may seize any of the
following:
(a) anything mentioned in section (a) to (d),
regardless of whether it is being held by the owner of
livestock;
(b) animal pathogens;
(c) biological preparations.
(2) The Chief Inspector may order the owner of
livestock to destroy an animal pathogen or biological preparation or remove it
from a property and take it to a place specified in the order.
Order for destruction or disposal to minimise
risk of disease
In addition to specific powers of destruction or
disposal under this Act, the Chief Inspector may order the destruction or
disposal of anything (including livestock) seized under this Act
if:
(a) the Chief Inspector reasonably believes the
action will assist in minimising the risk of a disease spreading;
and
(b) the Chief Executive Officer approves the
order.
Offence to contravene
order
A person given an order under this Division must not
contravene the order.
Fault element: Intention.
Maximum penalty: 500 penalty units.
Division 3 Quarantine
orders
Quarantine orders relating to land and other
things
(1) An inspector who reasonably suspects the
presence of a disease on a property may order the owner of the
property:
(a) not to allow anything (including livestock)
specified in the order to enter or leave the property; or
(b) not to allow anything (including livestock)
specified in the order to enter or leave the property except in accordance with
the conditions specified in the order.
(2) An inspector who reasonably suspects the
presence of a disease in anything (including livestock) may order the owner of
the thing:
(a) to keep the thing contained within a specified
area; or
(b) to move the thing to a specified place and keep
it there in accordance with the conditions specified in the
order.
(3) The quarantine order may also include an order
that the owner of the property or thing must establish, repair or maintain a
fence to ensure compliance with the order.
Quarantine orders relating to persons and
vehicles
An inspector who reasonably suspects the presence of
a disease on an area of land may order that a person or vehicle must not enter
or leave the area except in accordance with the conditions specified in the
order.
Period of quarantine
order
(1) A quarantine order remains in force for the
period specified in the order, which must not be more than 40
days.
(2) An inspector may revoke a quarantine order
before the end of the specified period if the inspector is satisfied a disease
is not present on the property, in the thing or on the area of land to which the
order relates.
Offence to contravene quarantine
order
A person given a quarantine order must not
contravene the order.
Fault element: Intention.
Maximum penalty: 500 penalty units or imprisonment
for 2 years.
Division 4 Classification of
properties
Determination of classifications for
properties
(1) The Chief Inspector may, by Gazette
notice, determine the classifications that may be given to properties in
relation to a notifiable disease specified in the notice (a determination
of classifications).
(2) A determination of classifications must specify
the criteria or circumstances that must apply in relation to a property before
it may be given a classification.
Classification of
property
(1) If the Chief Inspector reasonably believes that
any of the criteria or circumstances specified in a determination of
classifications apply in relation to a property, the Chief Inspector may give
the property a classification by reference to the
determination.
(2) The Chief Inspector must give the owner of a
classified property written notice of the classification.
Restrictions and requirements for classified
property
(1) For the control of a notifiable disease
specified in a determination of classifications, the Chief Inspector may give
the owner of a property classified by reference to the determination a notice
specifying the restrictions or requirements applicable to:
(a) the classified property; and
(b) the persons, vehicles, livestock, animal
products or other things specified in the notice.
(2) The notice may include (but is not limited to)
the following:
(a) restrictions relating to entry into, exit from,
or movement within the classified property;
(b) requirements relating to the treatment of the
specified livestock.
(3) The owner of the classified property must not
contravene the notice.
Fault element: Intention.
Maximum penalty: 500 penalty units or imprisonment
for 2 years.
Division 5 Disease control
programs
Object of Division
The object of this Division is to permit a variety
of actions to be taken to control a disease, particularly for the testing,
treatment or destruction of infected livestock and other things,
if:
(a) the disease is present in the Territory;
or
(b) there is a serious threat of the occurrence of
the disease in the Territory.
Establishment of control
program
(1) The Minister may, by Gazette notice,
establish a disease control program for the control of a disease specified in
the notice.
(2) The notice must include the following
information:
(a) if the specified disease is a notifiable disease
– its classification as an emergency disease, endemic disease or exotic
disease;
(b) the livestock, including travelling livestock,
to which the control program applies (controlled
livestock);
(c) the area or areas of the Territory to which the
control program applies (the program area).
Requirement for particular
test
(1) The Minister may require a particular test to
be used to determine whether controlled livestock are infected with a disease to
which the control program relates.
(2) The requirement may be included in the notice
establishing the control program or published in a Gazette notice at any
time during the control program.
For a control program, the Chief Inspector may
approve any of the following:
(a) methods for locating and assembling livestock in
the program area;
(b) treatments to be used on controlled livestock or
things, places and structures in the program area;
(c) methods of disposal or destruction of livestock
or other things in the program area.
(1) For a control program, the Chief Inspector may
make any of the following orders:
(a) the owner of controlled livestock must take any
of the following actions:
(i) locate and assemble the controlled livestock for
testing, inspection, treatment or valuation;
(ii) mark, brand or affix tags to the controlled
livestock for their identification;
(iii) erect or maintain facilities to be used for
testing the controlled livestock;
(iv) test the controlled livestock using a test
specified in a notice under section ;
(v) treat the controlled livestock;
(vi) erect, repair or maintain fences or structures
to ensure the controlled livestock are contained;
(vii) move or restrict the movement of the
controlled livestock;
(viii) move the controlled livestock to an abattoir
for slaughter;
(ix) destroy the controlled
livestock;
(b) the owner of livestock in the program area that
are not controlled livestock must destroy livestock specified in the order to
protect the health and welfare of other livestock;
(c) the owner of a property on which controlled
livestock are kept, or have been kept, must treat the land and any structure or
equipment on the property;
(d) the owner of a property in the program area must
erect, repair or maintain fences;
(e) the owner of a structure or place with which
controlled livestock have been in contact must treat the structure or place and
any equipment in or on the structure or at the place;
(f) the owner of fodder, equipment or an animal
product in the program area must treat or destroy it.
Example for subsection
(1)(b)
An order may be that certain livestock be
destroyed because of overcrowding resulting from actions taken under the control
program.
(2) Instead of ordering a person to take an action
under subsection (1), the Chief Inspector may take the action.
(3) The Chief Inspector may, by Gazette
notice and a notice published in a newspaper circulating in the program area,
give an order mentioned in subsection (1) to a class of
owners.
(4) A person given an order under this section must
not contravene the order.
Fault element: Intention.
Maximum penalty: 500 penalty units or imprisonment
for 2 years.
Emergency disease: treatment or destruction of
certain structures
(1) The Chief Executive Officer may make an order
under this section if the following circumstances apply:
(a) a control program is established to control an
emergency disease;
(b) the Chief Executive Officer is
satisfied:
(i) a structure in the program area used as
residential premises (a residence) or mentioned in
section (1)(c) or (e) (a structure) is infected with the
emergency disease; and
(ii) making the order is necessary to prevent the
spread of the emergency disease.
(2) The Chief Executive Officer may make any of the
following orders:
(a) the owner or another person must treat the
residence in a specified manner;
(b) if the residence has been treated and the Chief
Executive Officer is satisfied the treatment is inadequate to prevent the spread
of the emergency disease – the owner or another person must destroy the
residence;
(c) if the residence has not been treated and the
Chief Executive Officer is satisfied that treatment would be inadequate to
prevent the spread of the emergency disease – the owner or another person
must destroy the residence.
(3) The Chief Executive Officer may order the owner
of a structure, or another person, to destroy the structure if the Chief
Executive Officer is satisfied treatment of the structure under
section (1)(e) has been, or would be, inadequate to prevent the spread of
the emergency disease.
(4) If the Chief Executive Officer makes an order
under subsection (3), the Chief Executive Officer may also order the destruction
of any equipment in or on the structure.
Emergency disease: standstill zone
declaration
(1) For a control program established to control an
emergency disease, the Minister may, by Gazette notice, declare an area
to be a standstill zone if the Minister is satisfied:
(a) the emergency disease is or may be present in
the area; or
(b) there is a real possibility the emergency
disease may be introduced into the area.
(2) The declaration of a standstill zone
must:
(a) specify the emergency disease to which the
declaration applies; and
(b) describe the area of land to which the
declaration applies; and
(c) state that while the declaration is in force,
all movement into, out of or within the standstill zone of livestock or a thing
specified in the declaration is prohibited except in accordance with a
standstill zone movement permit issued by the Chief Inspector.
(3) The declaration of a standstill zone may apply
in relation to the movement of any of the following:
(a) the controlled livestock, any other livestock or
all livestock;
(b) a particular animal product or all animal
products;
(c) any other thing or class of
things.
(4) The Minister must revoke the declaration of a
standstill zone if the Minister is satisfied the emergency disease is not
present in, and is not likely to be introduced into, the standstill
zone.
Standstill zone movement
permit
(1) The Chief Inspector may regulate the movement
of anything to which a declaration of a standstill zone applies by issuing a
standstill zone movement permit to the owner of the thing, specifying the
movement that is permitted.
(2) A standstill zone movement permit applies in
relation to the movement of the thing specified in the permit to the exclusion
of any provision of this Act, or any order or authorisation, that is
inconsistent with the movement permit.
(3) A person must not move livestock or a thing
specified under section (2)(c) if no standstill zone movement permit has
been issued for the movement.
Fault elements:
The person:
(a) intentionally moves the livestock or thing;
and
(b) is reckless in relation to whether a standstill
zone movement permit has been issued for the movement.
Maximum penalty: 500 penalty units or imprisonment
for 2 years.
(4) A person must not contravene a standstill zone
movement permit.
Fault element: Intention.
Maximum penalty: 500 penalty units or imprisonment
for 2 years.
Reimbursement of expenses
If expenses are incurred by the Chief Inspector or
Chief Executive Officer in the exercise of a power under this Division in
relation to livestock, a structure (including a residence) or thing, the owner
of the livestock, structure or thing must reimburse the expenses to the
Territory unless the Minister directs otherwise.
Note
The owner may be entitled to compensation under
Part 5 or section .
Division 6 Declared
areas
Declaration
(1) For the control of a notifiable disease, the
Minister may declare the Territory or a specified area of land in the Territory
to be:
(a) a control area; or
(b) a restricted area; or
(c) any other type of area or zone (except a
standstill zone) named in the declaration.
(2) The declaration must be by Gazette
notice and state whether the notifiable disease is classified as an emergency
disease, endemic disease or exotic disease.
(1) The Chief Inspector may, by Gazette
notice, restrict the movement of persons, vehicles, livestock, animal products
or other things entering, leaving or within a declared area.
(2) The notice may also specify the circumstances
in which a person is required to apply to an inspector for a declared area
movement permit before entering, leaving or moving within the declared
area.
(3) A person must not contravene:
(a) a restriction or requirement specified in a
notice under subsection (1); or
(b) a declared area movement permit issued by an
inspector.
Fault element: Intention.
Maximum penalty: 500 penalty units or imprisonment
or 2 years.
Destruction of abandoned or stray
livestock
The Chief Inspector may destroy livestock that have
been abandoned on or strayed onto a property or stock route within a declared
area.
Offences relating to fences and
gates
(1) A person must not, without authorisation from
an inspector, destroy, remove or damage a fence in or surrounding a declared
area.
Fault elements:
The person:
(a) intentionally destroys, removes or damages the
fence; and
(b) is reckless in relation to the circumstance that
the fence is in a declared area.
Maximum penalty: 200 penalty units.
(2) A person commits an offence
if:
(a) the person uses a gate in a fence that is
preventing livestock leaving a declared area; and
(b) the gate, immediately after the person has used
it, is not closed and securely fastened.
Fault elements:
The person:
(a) knows the gate is in a fence preventing
livestock leaving a declared area; and
(b) is reckless in relation to the circumstance that
the gate is not closed and securely fastened.
Maximum penalty: 200 penalty units.
Division 7 Miscellaneous
offences
Emergency disease infection notice –
owner
The owner of premises, livestock or other things
commits an offence if the owner:
(a) becomes aware or suspects that the premises,
livestock or things are infected with an emergency disease; and
(b) does not, within 24 hours after becoming aware
of or forming the suspicion about the infection, notify the Chief Inspector of
the awareness or suspicion and the grounds for it.
Fault element: Knowledge of grounds for the
awareness of or suspicion about the infection.
Maximum penalty: 500 penalty units.
Endemic or exotic disease infection notice
– owner
The owner of premises, livestock or other things
commits an offence if the owner:
(a) becomes aware or suspects that the premises,
livestock or things are infected with an endemic disease or exotic disease;
and
(b) does not, as soon as practicable after becoming
aware of or forming the suspicion about the infection, notify the Chief
Inspector of the awareness or suspicion and the grounds for it.
Fault element: Knowledge of grounds for the
awareness of or suspicion about the infection.
Maximum penalty: 500 penalty units.
Notifiable disease infection notice –
travelling livestock
A person in charge of travelling livestock commits
an offence if the person:
(a) becomes aware or suspects that any of the
livestock are infected with a notifiable disease; and
(b) does not, as soon as practicable after becoming
aware of or forming the suspicion about the infection, notify the Chief
Inspector of the awareness or suspicion and the grounds for it.
Fault element: Knowledge of grounds for the
awareness of or suspicion about the infection.
Maximum penalty: 500 penalty units.
Notifiable disease infection notice –
veterinarian
A registered veterinarian commits an offence if the
veterinarian:
(a) becomes aware or suspects that livestock are
infected with a notifiable disease; and
(b) does not notify the Chief Inspector of the
awareness of or suspicion about the infection and the grounds for the awareness
or suspicion:
(i) in relation to an emergency disease –
within 24 hours after becoming aware of it or forming the suspicion about
it; or
(ii) in relation to an endemic disease or exotic
disease – as soon as practicable after becoming aware of it or forming the
suspicion about it.
Fault element: Knowledge of grounds for the
awareness of or suspicion about the infection.
Maximum penalty: 500 penalty units.
Contact with animal
pathogen
(1) The owner of livestock must not, without
authorisation from the Chief Inspector, allow an animal pathogen to come into
contact with any of the livestock.
Fault element: Intentionally allowing the
contact.
Maximum penalty: 500 penalty units.
(2) It is a defence to a prosecution for an offence
against subsection (1) if the defendant establishes a reasonable
excuse.
Sale of infected livestock or animal
products
A person must not, without authorisation from the
Chief Inspector, sell:
(a) infected livestock; or
(b) an animal product obtained from livestock that
is, or before its death was, infected.
Fault elements:
The person:
(a) intentionally sells the livestock or animal
product; and
(b) is reckless in relation to the
infection.
Maximum penalty: 500 penalty units or imprisonment
for 2 years.
Misleading statement about disease
status
(1) A person commits an offence if the
person:
(a) makes a statement to the following
effect:
(i) livestock are free from all disease or a
particular disease;
(ii) livestock have or have not been on land that is
affected by disease;
(iii) the owner of livestock has stated or certified
that the livestock do not have any disease or a particular
disease;
(iv) livestock have or have not been treated for a
disease; and
(b) the statement is misleading.
Fault element: Intention to
mislead.
Maximum penalty: 500 penalty units or imprisonment
for 2 years.
(2) For this section, a statement is misleading if
it is misleading in a material particular or by omission of a material
particular.
Division 1 Preliminary
matters
Destroyed livestock and destroyed
things
(1) Destroyed livestock
are:
(a) livestock destroyed, or moved to an abattoir for
slaughter, under section ; or
(b) livestock certified by a person employed by a
State or another Territory as a veterinary officer (however
described):
(i) as having died during the occurrence of an
emergency disease; and
(ii) as having been, at the time of their death, in
a quarantine area, control area or restricted area (however described) in
relation to the emergency disease or as having been moved to an abattoir
directly from such an area.
(2) Destroyed things are animal
products or other things destroyed or made unfit for use under a control program
relating to an emergency disease.
Division 2 General entitlement to
compensation and other
money
When compensation payable
(1) Subject to this Division, the owner of
destroyed livestock or destroyed things is entitled to be paid compensation for
the livestock or things, as determined under Division 3 or
4.
(2) An entitlement to be paid compensation does not
affect an owner's obligation under section to reimburse expenses incurred by
the Chief Inspector or Chief Executive Officer in relation to destroyed
livestock or destroyed things.
Approval of additional
compensation
(1) If an amount of compensation is determined to
be payable for destroyed livestock infected with an emergency disease and the
cost of replacing the livestock will be more than the compensation payable, the
Minister may approve the payment of additional compensation of an amount equal
to the difference between:
(a) the amount of compensation payable;
and
(b) the cost of replacing the destroyed
livestock.
(2) For subsection (1)(b), the cost of replacing
destroyed livestock does not include freight and purchasing costs such as agent
fees and yard fees.
When compensation not
payable
(1) The owner of destroyed livestock or destroyed
things is not entitled to be paid compensation for the livestock or things
if:
(a) the Chief Inspector is
satisfied:
(i) the destruction was necessary because of an act
or omission of the owner; and
(ii) the act or omission caused or contributed to,
or was likely to cause or contribute to, the spread of a notifiable disease;
and
(b) the owner is found guilty of an offence against
this Act arising from or in connection with the act or
omission.
(2) A person is not entitled to be paid
compensation for destroyed livestock if:
(a) the livestock were destroyed or moved to an
abattoir for slaughter under a control program relating to a notifiable disease;
and
(b) the person is found guilty of an offence against
section , , or in relation to the notifiable
disease.
(3) A person is not entitled to be paid
compensation for the following:
(a) loss of profit or production;
(b) loss as a result of a breach of a contract or
another consequential loss;
(c) any other loss for which compensation is not
expressly provided under this Act.
Sale money to be paid to owner of slaughtered
livestock
(1) If destroyed livestock are slaughtered at an
abattoir, any money payable on the sale of the livestock for slaughter must be
paid to the owner of the livestock.
(2) If compensation for the slaughtered livestock
is paid to their owner, the compensation must be reduced by any amount paid to
the owner on the sale of the livestock.
Division 3 Compensation for particular
destroyed livestock
Application of Division
(1) This Division applies in relation to the
following destroyed livestock:
(a) buffalo;
(b) livestock that reacted to a test under section
(1)(a)(iv);
(c) unmustered livestock;
(d) livestock to which a declaration under
subsection (2) applies.
(2) If the Minister
considers it necessary, the Minister may, by
Gazette notice, declare that this Division
applies in relation to particular livestock destroyed under a control program
for an emergency disease.
Note for subsection (2)
The intention is that most determinations of
compensation for livestock destroyed under such a control program will be made
under Division 4. However, it may be necessary for the Minister to make
this declaration in certain situations, for example if there are insufficient
people with the necessary qualifications to constitute a valuation panel or if
the Minister is satisfied the fees or commissions payable to the members of a
valuation panel are likely to exceed the amount of compensation payable for the
destroyed livestock.
Determination of amount of
compensation
The amount of compensation payable for the destroyed
livestock must be determined by the Minister by Gazette
notice.
Application for
compensation
(1) The owner of the destroyed livestock may apply
to the Chief Inspector for compensation for the livestock:
(a) no later than 60 days after the date of
destruction; and
(b) in the approved form.
(2) If the Chief Inspector is satisfied the
applicant is entitled to be paid compensation for the destroyed livestock, the
Chief Inspector must arrange for payment to the applicant.
(3) The Chief Inspector may
decide:
(a) the applicant is not entitled to be paid
compensation; or
(b) to defer consideration of the application during
an investigation or prosecution of the applicant in connection with an offence
mentioned in section .
Division 4 Compensation for other destroyed
livestock and destroyed
things
Application of Division
This Division applies in relation to the
following:
(a) destroyed livestock to which Division 3 does not
apply;
(b) destroyed things.
Determination of amount of
compensation
(1) The amount of compensation payable for the
destroyed livestock must be determined in accordance with this Division and the
regulations.
(2) The amount of compensation payable for a
destroyed thing is the market value of the thing immediately before it was
destroyed or rendered unfit for use, as determined in accordance with this
Division.
Application for
compensation
(1) The owner of destroyed livestock or destroyed
things may apply to the Chief Inspector for compensation for the livestock or
things:
(a) no later than 60 days after the date of
destruction; and
(b) in the approved form.
(2) If the Chief Inspector is satisfied the
applicant is entitled to be paid compensation, the Chief Inspector must appoint
a valuation panel to determine the amount payable.
(3) The Chief Inspector may
decide:
(a) the applicant is not entitled to be paid
compensation; or
(b) to defer consideration of the application during
an investigation or prosecution of the applicant in connection with an offence
mentioned in section .
Appointment of and determination by valuation
panel
(1) A valuation panel is constituted of the
following members appointed in writing by the Chief Inspector:
(a) a person who has valuation experience, and a
knowledge of current values, relevant to the destroyed livestock or destroyed
things to which the panel's determination relates;
(b) a person who has a knowledge of and experience
in the industry most relevant to the destroyed livestock or
thing;
(c) a person nominated by the owner of the destroyed
livestock or destroyed things.
(2) The Chief Inspector must not appoint a person
mentioned in subsection (1)(a) or (b) if the person or the person's employer has
a pecuniary interest in relation to the destroyed livestock or destroyed
things.
(3) Subject to the regulations, the following
matters must be determined by agreement of all or a majority of the members of
the valuation panel:
(a) the procedure to be followed by the valuation
panel;
(b) the amount of compensation
payable.
(4) The valuation panel must give the Chief
Inspector a written notice if the panel is unable to reach a consensus or
majority agreement.
(5) If the panel makes a determination of
compensation, it must give the Chief Inspector a written notice, in accordance
with the regulations, and the Chief Inspector must give a copy to the applicant
and Chief Executive Officer.
Determination by valuer if valuation panel
cannot agree
(1) If the Chief Inspector is given a notice under
section (4), the Chief Inspector must appoint a valuer to make the determination
of compensation.
(2) The valuer must be a person
who:
(a) has knowledge of and experience in the relevant
industry and is generally held in high regard by members of that industry;
and
(b) does not have, and whose employer does not have,
a pecuniary interest in relation to the destroyed livestock or destroyed
things.
(3) The valuer must give the Chief Inspector
written notice of the determination of compensation, in accordance with the
regulations, and the Chief Inspector must give a copy to the applicant and Chief
Executive Officer.
Request for review of
determination
(1) The applicant or Chief Executive Officer may
request a review of the determination of compensation by the valuation panel or
valuer if the applicant or Chief Executive Officer considers the determination
was made otherwise than in accordance with this Division or the
regulations.
(2) The request must be in writing and given to the
Chief Inspector no later than 7 days after receipt of the notice of the
determination.
Selection of valuation
reviewer
(1) As soon as practicable after receiving a
request for a review of a determination of compensation, the Chief Inspector
must consult with the applicant to select a person to review the
determination.
(2) If agreement about the person to be selected is
reached within 7 days after consultation begins, the Chief Inspector must
appoint the selected person as the valuation reviewer.
(3) If agreement about the person to be selected is
not reached within 7 days after consultation begins, the Chief Inspector
must give the request for a review to the Minister.
(4) As soon as practicable after receiving the
request, the Minister must select a person to be the valuation
reviewer.
(5) The valuation reviewer must be a person
who:
(a) has knowledge of and experience in the relevant
industry; and
(b) has knowledge of current values relevant to the
destroyed livestock or destroyed things to which the determination relates;
and
(c) does not have, and whose employer does not have,
a pecuniary interest in relation to the destroyed livestock or destroyed
things.
Determination by valuation
reviewer
(1) The valuation reviewer may make a determination
of compensation that confirms or varies the determination under review and must
give the Chief Inspector written notice of the valuation reviewer's
determination in accordance with the regulations.
(2) As soon as practicable after receiving the
notice, the Chief Inspector must inform the applicant and Chief Executive
Officer of the decision.
(3) Subject to section , the determination of
compensation made by the valuation reviewer is final and
conclusive.
(1) If no request for a review is made under
section within the period specified by the section, the Chief Inspector must,
as soon as practicable after the end of that period, arrange payment of the
compensation as determined by the valuation panel or valuer.
(2) As soon as practicable after giving notice to
the applicant under section (2), the Chief Inspector must arrange payment of the
compensation as determined by the valuation reviewer.
Part 6 Administration and
enforcement
Division 1 Registrar and
registers
Office of Registrar
(1) The Chief Executive Officer must, in writing,
appoint a public sector employee to the office of Registrar.
(2) A person must not hold office as Registrar at
the same time as holding office as Chief Inspector.
(3) The Registrar has the functions conferred on
the Registrar under this Act.
(4) The Registrar has the powers necessary or
convenient for the performance of the functions of office.
(5) In exercising a power or performing a function
under this Act, the Registrar is subject to the direction of the Chief
Inspector.
(6) The Registrar may, in writing, delegate to a
public sector employee any of the Registrar's powers or functions under this
Act.
Registers to be kept and information to be
provided
(1) In addition to the registers the Registrar is
required or permitted to keep under this Act, the Registrar may keep the
registers necessary or convenient to be kept for the proper performance of the
Registrar's functions.
(2) Subject to the regulations, the Registrar may
decide the appropriate form and manner in which a register must be kept and the
information to be given to the Registrar in connection with an entry in a
register.
Inspections and copies of register and
publication of information
(1) A person may inspect a register during the
normal business hours of the Agency.
(2) The Registrar may give a person a copy or
summary of a register or part of a register and charge a reasonable fee for the
copy or summary.
(3) The regulations may specify the information in
a register that may be made public on the Internet or in another
way.
Approval of documents and
codes
(1) The Registrar may approve the form of notices,
applications, certificates and other documents in connection with a matter for
which the Registrar may perform a function under this Act.
(2) The Registrar may approve codes, as in force at
a particular time or as in force from time to time, to be used to illustrate or
describe earmarks.
Division 2 Chief Inspector and
inspectors
Appointment of Chief
Inspector
(1) The Chief Executive Officer must, in writing,
appoint a person to the office of Chief Inspector of Livestock.
(2) The Chief Inspector of Livestock must be a
public sector employee who is a registered veterinarian.
(3) Notice of the appointment must be given in the
Gazette.
Appointment of inspectors
(1) The Chief Inspector may, in writing, appoint a
public sector employee to the office of an inspector of
livestock.
(2) A person appointed to the office of an
inspector of livestock also holds office as an inspector under the Meat
Industries Act.
(3) The Chief Inspector may, in writing, appoint
another person to be an inspector:
(a) for a specified period; and
(b) to perform specified functions.
(1) The Chief Executive Officer must issue to a
person appointed as Chief Inspector or an inspector an identity card specifying
the person's name and office and including a recent photograph and the signature
of the person.
(2) A person must, on ceasing to be the Chief
Inspector or an inspector, return the identity card to the Chief Executive
Officer.
Fault element: Strict liability
offence.
Maximum penalty: 20 penalty units.
(3) It is a defence to a prosecution for an offence
against subsection (2) if the defendant establishes a reasonable
excuse.
Division 3 General powers and functions of
inspectors
Chief Inspector's powers and
functions
(1) In addition to the powers and functions
conferred on the Chief Inspector under other provisions of this Act, the Chief
Inspector has:
(a) the function of administering this Act;
and
(b) the functions conferred on the Chief Inspector
under any other Act; and
(c) the powers necessary or convenient for the
performance of those functions.
(2) The Chief Inspector also has the powers and
functions of an inspector.
(3) In exercising a power or performing a function
under this or any other Act, the Chief Inspector is subject to the direction of
the Minister.
(4) The Chief Inspector may, in writing, delegate
to a public sector employee any of the Chief Inspector's powers or functions
under this or any other Act.
Inspector's powers and
functions
(1) In addition to the powers conferred on an
inspector under other provisions of this Act, an inspector has the powers
necessary and convenient for the performance of the inspector's functions under
this Act.
(2) In exercising a power or performing a function,
the inspector is subject to the direction of the Chief
Inspector.
Chief Inspector may approve form of
documents
The Chief Inspector may approve the form of notices,
applications, permits and other documents to be used under Part 4 or 5 or this
Part.
Chief Inspector may require information or
documents
(1) The Chief Inspector may, by written notice,
require a person to answer questions, provide information or produce a document,
as specified in the notice, if the Chief Inspector considers the answer,
information or document is relevant to the administration or enforcement of this
Act.
(2) The person must not contravene the
notice.
Fault element: Intention.
Maximum penalty: 100 penalty units.
Chief Inspector may give orders about seized
things
(1) The Chief Inspector may give the following
orders:
(a) livestock seized under this Act must be sold by
private sale or public auction;
(b) any other thing seized under this Act must be
confiscated, destroyed or sold by private sale or public
auction.
(2) A person given an order under subsection (1)
must not contravene the order.
Fault element: Intention.
Maximum penalty: 100 penalty units.
Chief Inspector may restrict use of biological
preparation and drugs
(1) The Chief Inspector may, by Gazette
notice directed to a class of persons or an order given to the owner of
livestock, restrict the use of a biological preparation, chemical or veterinary
drug in the treatment of livestock.
(2) A person must not contravene a notice or order
directed or given to the person under subsection (1).
Fault element: Intention.
Maximum penalty: 500 penalty units.
Inspector may authorise person to
assist
An inspector may authorise a person to assist the
inspector in the exercise of a power or performance of a function under this
Act.
Inspector may require name and
address
(1) A inspector may require a person to state the
person's name and address if the inspector:
(a) reasonably suspects the person is committing an
offence against this Act; or
(b) finds the person in circumstances that lead, or
has information that leads, the inspector to reasonably suspect the person has
recently committed an offence against this Act.
(2) The inspector may require the person to provide
evidence of the person's name and address if the inspector reasonably doubts the
truth of the person's response.
(3) When requiring the person to state or provide
evidence of the person's name and address, the inspector must also issue a
warning that it is an offence to contravene the requirement without a reasonable
excuse.
(4) A person must not contravene a requirement
under this section.
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
(5) It is a defence to a prosecution for an offence
against subsection (4) if the defendant establishes a reasonable
excuse.
Inspector may use reasonable
force
If an inspector considers it necessary, the
inspector may use reasonable force:
(a) to prevent a person who is apparently
contravening this Act from continuing to do so; or
(b) to prevent a person who is apparently
obstructing another person from complying with this Act, or rendering assistance
to an inspector in accordance with this Act, from continuing to do
so.
Inspector may place notices on
land
An inspector may place notices in an approved form
at any of the following places:
(a) at or near the boundary of a property or other
area of land to which a declaration or restriction under this Act applies to
indicate the boundaries of, or any restriction relating to, the property or
area;
(b) at a border of the Territory to indicate the
border;
(c) at any place considered appropriate to indicate
the effect of an order or other notice given under this Act;
(d) on or near a road to indicate that traffic along
the road must stop.
Inspector may muster
livestock
An inspector may muster livestock or order the owner
or person in charge of the livestock to do so.
Division 4 Inspector's powers of entry,
search and
seizure
Entry of premises
generally
(1) An inspector may do any of the
following:
(a) enter any premises with the consent of the
occupier or a person apparently in charge of the premises;
(b) enter at any reasonable time, without consent,
premises that are not residential premises;
(c) enter residential premises under a
warrant.
(2) An inspector may enter premises with the
assistance that is necessary and reasonable.
(3) An inspector who enters premises must not
remain on the premises if, when requested by the occupier or a person apparently
in charge of the premises, the inspector does not produce his or her identity
card.
(4) In order to enter a vehicle, an inspector may
require the driver of the vehicle to stop the vehicle, keep the vehicle
stationary or move the vehicle to a specified place.
(5) The driver must not contravene the
requirement.
Fault element: Intention.
Maximum penalty: 100 penalty units.
Application for and issue of
warrant
(1) An inspector may apply to a magistrate for a
warrant to enter residential premises:
(a) by appearing in person before the magistrate;
or
(b) if it is not practicable to appear in person
– by telephoning the magistrate.
(2) If the magistrate is satisfied there are
reasonable grounds to permit the inspector to enter the residential premises,
the magistrate may issue a warrant directed to the inspector.
(3) If the magistrate issues a warrant on an
application made by telephone:
(a) the magistrate must complete and sign the
warrant (the original warrant), inform the inspector by telephone
of its terms and record on the original warrant the magistrate's reasons for
issuing it; and
(b) the inspector must do the
following:
(i) complete 2 copies of a form of warrant in the
terms provided by the magistrate;
(ii) write on each copy the name of the magistrate
and the date and time of issue of the original warrant;
(iii) forward 1 copy to the
magistrate.
(4) On receiving the copy, the magistrate
must:
(a) compare it with the original warrant;
and
(b) if the copy is in substance identical to the
original warrant, the copy has the same authority as the original
warrant.
Effect and term of
warrant
(1) A warrant permits the inspector to whom it is
directed, and any person authorised under section to assist the inspector, to
do the following:
(a) enter the residential premises specified in the
warrant;
(b) exercise any of the powers specified in sections
and .
(2) The warrant remains in force for 1 month from
the date of issue.
Powers on entry of
premises
(1) An inspector who enters premises in accordance
with section may do any of the following:
(a) inspect, examine and search the premises and
inspect anything found on the premises;
(b) open (including by breaking open) a container or
package found on the premises in order to inspect or examine the
contents;
(c) take photographs, films or audio, video or other
recordings of the premises or anything found on the premises;
(d) take copies of, or extracts from, a document
found on the premises;
(e) require a person on the premises to do any of
the following:
(i) answer questions or provide
information;
(ii) produce, within a reasonable time, documents
kept on the premises;
(iii) provide reasonable assistance to the inspector
in the exercise of a power under this section;
(f) subject to section , seize
anything;
(g) if the inspector reasonably believes anything
found on the premises may be connected with an offence against this
Act – order the occupier or a person apparently in charge of the
premises not to remove the thing for the period of not more than 14 days
specified in the order;
(h) destroy or render harmless, or order the
occupier or a person apparently in charge of the premises to destroy or render
harmless, anything found in or on the premises that poses, or is likely to pose,
a threat to the health or safety of persons;
(i) order the owner of livestock to maintain or
repair a fence for containing livestock within an area.
(2) An inspector may destroy an animal or animal
products under subsection (1)(h) only with the consent of the owner or the Chief
Inspector.
(3) A person must not contravene a requirement or
order given under this section.
Fault element: Strict liability
offence.
Maximum penalty: 100 penalty units.
(4) It is a defence to a prosecution for an offence
against subsection (3) if the defendant establishes a reasonable
excuse.
Powers of seizure following
entry
An inspector who enters premises in accordance with
section may seize anything found on the premises if the inspector reasonably
believes the thing:
(a) is connected with an offence against this Act
and the seizure is necessary to prevent it being:
(i) concealed, lost, damaged or destroyed;
or
(ii) used to commit the offence; or
(b) is connected with an offence against this Act
and the seizure is necessary to conduct tests for adducing evidence in a
prosecution for the offence.
Procedure generally following
seizure
(1) This section applies in relation to anything
seized by an inspector under this Division or any other provision of this
Act.
(2) After the inspector has seized the thing, the
inspector must give a receipt for it to any of the following
persons:
(a) the occupier or person apparently in charge of
the premises where the thing was seized;
(b) the owner or person apparently in charge of the
thing;
(c) the person the inspector reasonably believes was
in possession of the thing immediately before it was seized.
(3) After seizing the thing, the inspector
may:
(a) take the thing to an appropriate place or order
another person to take the thing to a place specified by the inspector;
or
(b) give an order about the appropriate handling and
storage of the thing.
(4) A person must not, without the written consent
of the Chief Inspector:
(a) interfere with or dispose of anything seized
under this Act; or
(b) remove anything seized under this Act from the
place where it was seized or subsequently taken.
Fault element: Intention.
Maximum penalty: 200 penalty units.
Retention of things seized if connected with
offence
(1) If anything is seized because it is connected
with an offence against this Act, it must be held by the inspector as evidence
to be tendered in a prosecution for the offence.
(2) Subsection (1) does not apply if the Chief
Inspector authorises the release of the thing to its owner or the person who had
possession of it immediately before it was seized.
(3) If a prosecution for the offence is commenced
within 12 months after the seizure of the thing and the defendant is found
guilty of the offence, the court may make 1 of the following
orders:
(a) the thing must be forfeited to the
Territory;
(b) if the Chief Inspector has previously authorised
the release of the thing – the defendant must pay to the Territory an
amount equal to the market value (as determined by the court) of the thing at
the time it was seized.
(4) The Chief Inspector must release the thing to
its owner or the person who had possession of it immediately before it was
seized if 1 of the following circumstances applies:
(a) a prosecution for an offence against this Act is
not commenced within 12 months after the seizure;
(b) a prosecution for an offence against this Act is
commenced within 12 months after the seizure and the defendant is not found
guilty of the offence or the court does not make an order under subsection
(3).
Seizure and destruction of wildlife requires
approval
Despite any other provision of this Act, an
inspector may seize or destroy wildlife as defined in the Territory Parks and
Wildlife Conservation Act only with the approval of the Director of Parks
and Wildlife.
Division 5 Orders, notices and
authorisations
Giving orders
(1) A written order given under this Act comes into
effect:
(a) on the date specified in the order, which must
not be earlier than the date the order is given; or
(b) if no date is specified in the order – on
the date the order is given.
(2) If the person giving an order is satisfied
urgent action is required, the person may give the order
orally.
(3) An order given orally has effect immediately
and ceases to be of effect 72 hours after it is given unless confirmed by a
written order.
(4) An order may specify a reasonable time for
compliance and may include directions about the way in which an action required
by the order must be taken.
Action and recovery of expense if
contravention of order
(1) If an inspector orders a person to take a
specified action and the person contravenes the order, an inspector may take the
action.
(2) If the inspector incurs an expense in taking
the action, the Territory may, unless the Minister directs otherwise, recover
the amount of the expense as a debt from the person who contravened the
order.
(1) A person may apply in writing or make an oral
application for an authorisation that may be given under this
Act.
(2) If the Registrar, Chief Inspector or an
inspector (the decision maker) receives a written application for
an authorisation, the decision maker must give the authorisation, or refuse to
do so, by written notice to the applicant within 7 days after receiving the
application.
(3) If a decision maker receives an oral request
for an authorisation, the decision maker may give the authorisation or refusal
orally and confirm the decision by written notice within the next 24
hours.
Orders and notices may apply other
documents
An order or notice given under this Act may apply,
adopt or incorporate (with or without changes) the whole or part of a document
as in force or existing at a particular time or from time to
time.
Division 6 Miscellaneous
matters
Delegation by Minister or Chief Executive
Officer
(1) The Minister may, in writing, delegate to a
public sector employee any of the Minister's powers or functions under this Act
except the power to give a direction under section or (2).
(2) The Chief Executive Officer may, in writing,
delegate to a public sector employee any of the Chief Executive Officer's powers
or functions under this Act except the power:
(a) under section (b) to approve an order for
destruction or disposal made by the Chief Inspector; or
(b) to make an order under section
.
(3) The Chief Executive Officer must not delegate
to the Registrar, Chief Inspector or an inspector the power to conduct a
review.
Protection from liability
(1) A person is not civilly
or criminally liable for an act done or omitted to be done by the person in good
faith in the exercise of a power or performance of a function as any of the
following:
(a) the Chief Executive Officer;
(b) the Registrar;
(c) the Chief Inspector;
(d) an inspector or a person authorised under
section to assist an inspector.
(2) Subsection (1) does not affect any liability
the Territory would, apart from that subsection, have for the act or
omission.
(3) In this section:
exercise, of a power, includes the
purported exercise of the power.
performance, of a function, includes
the purported performance of the function.
Part 7 Review of
decisions
No review of certain decisions relating to
emergency disease
(1) A decision of the Chief Executive Officer or
Chief Inspector made for the control of an emergency disease:
(a) is final and conclusive; and
(b) must not be challenged, appealed against,
reviewed, quashed or called into question in any court; and
(c) is not subject to prohibition, mandamus,
injunction, declaration or certiorari in any court on any
ground.
(2) Without limiting subsection (1), the making of
a decision mentioned in the subsection includes the following:
(a) giving an order or direction;
(b) issuing, varying or cancelling a standstill zone
movement permit;
(c) destroying livestock or other
things;
(d) failing to make a decision or take an
action;
(e) a review of a reviewable decision, made by an
inspector, relating to the control of an emergency disease.
Reviewable decisions of
Registrar
Each of the following decisions of the Registrar is
a reviewable decision:
(a) a refusal under section (4) to authorise the
movement of prescribed travelling livestock without a waybill;
(b) a refusal under section to authorise a slower
speed of travel on a stock route than is prescribed;
(c) a decision prescribed by
regulation.
Reviewable decisions of Chief
Inspector
Each of the following decisions of the Chief
Inspector is a reviewable decision:
(a) a refusal under section to approve a
veterinary diagnostic laboratory;
(b) a refusal under section to authorise a
person to allow an animal pathogen to come in contact with
livestock;
(c) a refusal under section to authorise a person
to sell infected livestock or an infected animal product;
(d) a decision under section (3) or
(3):
(i) that a person is not entitled to be paid
compensation; or
(ii) to defer consideration of an application for
compensation;
(e) a refusal under section (2) to authorise the
release of a thing held as evidence of an offence;
(f) a decision prescribed by
regulation.
Reviewable decisions of
inspectors
Each of the following decisions of an inspector is a
reviewable decision:
(a) a refusal under section to authorise a person
to perform an act in relation to a fence that is otherwise prohibited by that
section;
(b) a refusal under section to authorise a person
to perform an act in relation to a notice or sign that is otherwise prohibited
by that section;
(c) a decision prescribed by
regulation.
Notice of reviewable
decision
(1) A person who makes a reviewable decision must,
unless another provision of this Act provides otherwise, give a written notice
of the decision to the person (the recipient)
who:
(a) made the application or request to which the
decision relates; or
(b) is registered in relation to the matter to which
the decision relates.
(2) The notice must be given to the recipient
within:
(a) the time specified by the Act or regulations;
or
(b) if no time is specified – as soon as
practicable after the recipient made the application or request to which the
decision relates.
(3) The notice must specify:
(a) the reasons for the decision;
and
(b) the matters mentioned in section ;
and
(c) any other matter this Act requires to be
specified in relation to the decision.
(1) A person given notice of a reviewable decision
may apply to the Chief Executive Officer for a review.
(2) The application must be made:
(a) in the form approved by the Chief Executive
Officer; and
(b) within 14 days after the date on which the
person receives the notice of the decision.
(3) The making of the application does not affect
the operation of the reviewable decision.
Review by Chief Executive
Officer
(1) Within 14 days after an application for a
review is made, the Chief Executive Officer must conduct the review and give the
applicant written notice of his or her decision, including the reasons for the
decision.
(2) The Chief Executive Officer may decide the
review in any way he or she considers appropriate.
Appeal against decision of Chief Executive
Officer
(1) The applicant for a review may appeal to the
Local Court against the decision of the Chief Executive
Officer.
(2) The application must be made in accordance with
the Local Court Rules.
Part 8 Miscellaneous offences and legal
proceedings
Division 1 Miscellaneous
offences
Misleading information and
document
(1) A person must not give misleading information
to a person who is exercising powers or performing functions under this
Act.
Fault elements:
The person:
(a) knows the recipient of the information is acting
in an official capacity; and
(b) knows the information is
misleading.
Maximum penalty: 200 penalty units or imprisonment
for 1 year.
(2) A person must not give a document containing
misleading information to a person who is exercising powers or performing
functions under this Act.
Fault elements:
The person:
(a) knows the recipient of the document is acting in
an official capacity; and
(b) knows the document contains misleading
information.
Maximum penalty: 200 penalty units or imprisonment
for 1 year.
(3) Subsection (2) does not apply if the person,
when giving the document:
(a) draws the misleading aspect of the document to
the recipient's attention; and
(b) to the extent to which the person can reasonably
do so – gives the recipient the information necessary to correct the
document.
(4) In this section:
misleading information means
information that is misleading in a material particular because
it:
(a) does not include relevant information;
or
(b) includes misinformation.
A person must not falsely represent, by words or
conduct, that the person, or someone else, is:
(a) an inspector; or
(b) a person lawfully assisting an
inspector.
Fault element: Intention to
deceive.
Maximum penalty: 400 penalty units or imprisonment
for 2 years.
Obstruction and abusive
language
(1) A person must not obstruct an inspector, or
person assisting an inspector, who is exercising powers or performing functions
under this Act.
Fault elements:
The person:
(a) intentionally obstructs the inspector or person;
and
(b) knows that the person who is obstructed is
acting in an official capacity.
Maximum penalty: 100 penalty units or imprisonment
for 6 months.
(2) A person must not use abusive, threatening or
insulting language to an inspector, or person assisting an inspector, who is
exercising powers or performing functions under this Act.
Fault elements:
The person:
(a) intentionally uses abusive, threatening or
insulting language; and
(b) knows that the person to whom the language is
used is acting in an official capacity.
Maximum penalty: 100 penalty units or imprisonment
for 6 months.
Interference with notice or
sign
A person must not, without authorisation from an
inspector, destroy, remove, deface, damage or otherwise interfere with a notice
or sign placed on land under this Act.
Fault element: Strict liability
offence.
Maximum penalty 100 penalty units.
Division 2 Legal
proceedings
Prosecutions
(1) Proceedings for the prosecution of an offence
against a provision of this Act must not be started more than 3 years after the
occurrence of the alleged offence.
(2) A prosecution for an offence against this Act
may be started only with the written consent of the Chief
Inspector.
(3) Subsection (2) does not apply to a prosecution
commenced by the Attorney-General or Director of Public
Prosecutions.
When thing connected with
offence
For this Act, a thing is connected with an offence
if any of the following circumstances apply:
(a) the offence is committed with respect to the
thing;
(b) the thing provides evidence of the commission of
the offence;
(c) the thing is used or is intended to be used for
committing the offence.
Evidence in relation to brands and
earmarks
(1) An extract from a register purporting to be
signed by the Registrar is evidence of the matters stated in the
extract.
(2) A certificate purporting to be signed by the
Registrar, stating a brand or earmark has not been registered, is evidence of
the fact.
(3) A registered brand or earmark on livestock or
hides that are proved not to be owned by the owner of the registered brand or
earmark (the brand owner) is evidence that the brand owner branded
or marked the livestock or hides knowing he or she did not own the livestock at
the time they were branded or marked.
Evidentiary certificate by Chief
Inspector
A certificate purporting to be signed by the Chief
Inspector, stating a matter under this Act, is evidence of the
matter.
Liability of executive officers of body
corporate
(1) If a body corporate
commits an offence against this Act (the
principal offence):
(a) each executive officer of the body corporate
commits an offence (the secondary offence); and
(b) the officer is liable to the penalty applicable
to an individual who commits the principal offence.
(2) However, it is a defence for an executive
officer to establish:
(a) the officer did not know, and could not
reasonably have been expected to know, the principal offence was to be or was
being committed; or
(b) the officer exercised due diligence to prevent
the commission of the principal offence.
(3) The executive officer may be found guilty of
the secondary offence even though the body corporate has not been charged with,
or found guilty of, the principal offence.
(4) This section does not affect the liability of
the body corporate for the principal offence.
(5) In this section:
executive officer, of a body
corporate, means a director or other person who is concerned with, or takes part
in, the management of the body corporate.
(1) A person is not excused from answering a
question, providing information or producing a document, if required to so under
this Act, on the ground that the answer, information or document might tend to
incriminate the person or make the person liable to a penalty.
(2) However, the answer, information or document is
not admissible in evidence against the person in a civil or criminal proceeding
except a proceeding for an offence in which the falsity or misleading nature of
the answer, information or document is relevant.
(1) This section applies if a court has found a
person guilty of an offence against a provision of this Act.
(2) The court may, in addition to any penalty
imposed for the offence, impose a penalty not exceeding 10 penalty units for
each day during which the offence continues after the day on which the offence
is committed.
Part 9 Miscellaneous
matters
Territory not required to provide water or
fodder on stock route
The Territory is not required by this Act or any
other law in force in the Territory to provide water or fodder for livestock
travelling or grazing on a stock route.
Acquisition on just terms
If the operation of this Act would, apart from this
section, result in an acquisition of property other than on just
terms:
(a) the person is entitled to receive from the
Territory the compensation necessary to ensure the acquisition is on just terms;
and
(b) a court of competent jurisdiction may decide the
amount of compensation or make the orders it considers necessary to ensure the
acquisition is on just terms.
(1) The Administrator may make regulations under
this Act.
(2) The regulations may provide for the
following:
(a) systems or methods of identification of
livestock or other things;
(b) the registration of things associated with
livestock;
(c) matters relating to waybills and health
certificates;
(d) permits, authorisations or orders relating to
matters under this Act;
(e) information to be included in an approved
form;
(f) the control of disease in livestock, including
methods of testing or treatment and the measures to be taken to decrease the
risk of disease;
(g) obligations and restrictions relating to the
following:
(i) feeding fodder to livestock;
(ii) the sale and supply of fodder, including the
form and content of labels and invoices;
(iii) the labelling of animal products and other
things, whether for the control of disease or provision of
information;
(h) standards relating to the
following:
(i) the management of livestock;
(ii) the humane treatment and care of
livestock;
(iii) the disposal or destruction of
livestock;
(i) methods of destroying livestock, animal products
and other things;
(j) the enforcement of a code of practice by
providing that a contravention of the code is an offence against the regulations
or by other means;
(k) the verification of a matter by statutory
declaration.
(3) The regulations may do any of the
following:
(a) confer a discretion on the Minister, Chief
Executive Officer, Chief Inspector or Registrar;
(b) apply, adopt or incorporate (with or without
changes) the whole or part of a document as in force or existing at a particular
time or from time to time;
(c) prescribe a fine, not exceeding 200 penalty
units, for an offence against the regulations;
(d) provide for an offence against the regulations
to be an offence of strict or absolute liability.
Part 10 Repeals and transitional matters for
Livestock Act 2008
Definition
In this Part:
commencement day means the day on
which this Act commences.
The Acts specified in the Schedule are
repealed.
Brands, certificates and
registers
(1) A brand registered under the Brands Act
immediately before the commencement day is taken to be a 3-letter brand
registered under this Act.
(2) A distinctive brand registered under the
Brands Act immediately before the commencement day is taken to be a
symbol brand registered under this Act.
(3) A certificate for a brand issued under the
Brands Act has effect as if issued under this Act.
(4) A register kept under the Brands Act
immediately before the commencement day continues in force under this
Act.
Decisions relating to
brands
(1) If an application under the Brands Act
for the registration of a brand or the transfer of a registered brand is not
decided before the commencement day, the Registrar must decide the application
under this Act.
(2) The Brands Act, as in force immediately
before the commencement day, continues to apply in relation to the following
matters:
(a) a decision to cancel the registration of a brand
notified under section 22(2) of that Act less than 28 days before the
commencement day;
(b) an appeal under section 24 of that Act made
within the period specified by that section, regardless of whether the appeal is
instituted before or after the commencement day.
Property and livestock
identification
(1) The register of property identifier codes kept
under the Stock Diseases Regulations immediately before the commencement
day continues as the register mentioned in section (2).
(2) An approved identification device, as defined
in the Stock Diseases Regulations, in force immediately before the
commencement day, is taken to be an identification device approved under section
.
Determination of
compensation
If a person has applied for compensation under Part
VA, Division 3 of the Stock Diseases Act and the application is
not determined before the commencement day, that Act continues to apply in
relation to the determination and any review of the
determination.
Waybills and interstate health
certificates
This Act applies in relation to a waybill or
interstate certificate issued under the repealed Stock Routes and Travelling
Stock Act during the 12 months immediately before the commencement day as if
it were a waybill or health certificate mentioned in this Act.
Part 11 Consequential
amendments
Amendment of Agricultural and Veterinary
Chemicals (Control of Use) Act
(1) This section amends the Agricultural and
Veterinary Chemicals (Control of Use) Act.
(2) Section 38(2)
omit
(3) Section 98
omit
of stock set out in section 42 of the Stock
Diseases Act
substitute
under the Livestock Act
Amendment of AustralAsia Railway (Special
Provisions) Act
(1) This section amends the AustralAsia Railway
(Special Provisions) Act.
(2) Section 16D
omit
Stock Routes and Travelling Stock Act a
person
substitute
Livestock Act a person in charge of
travelling livestock
Amendment of Bushfires
Act
(1) This section amends the Bushfires
Act.
(2) Section 5(1), definition
adjoining
omit
Stock Routes and Travelling Stock
Act
substitute
Livestock Act
(1) This section amends the Fences
Act.
(2) Section 4
omit
sections 61 to 63B, inclusive, of the Stock
Routes and Travelling Stock Act
substitute
Livestock Act
Amendment of Fines and Penalties (Recovery)
Regulations
(1) This section amends the Fines and Penalties
(Recovery) Regulations.
(2) Schedule 1, list of Acts
omit
Brands Act
Stock (Control of Hormonal Growth Promotants)
Act
Stock Diseases Act
Stock Routes and Travelling Stock
Act
insert (in alphabetical
order)
Livestock Act
(3) Schedule 1, list of Regulations
insert (in alphabetical
order)
Livestock Regulations
Amendment of Fisheries
Regulations
(1) This section amends the Fisheries
Regulations.
(2) Regulation 3(1)
insert (in alphabetical
order)
Chief Inspector, see the Livestock
Act.
(3) Regulation 19(2)(c)
omit
of Stock within the meaning of the Stock Diseases
Act
(4) Regulation 20(3)(b)
omit
of Stock
Amendment of Meat Industries
Act
(1) This section amends the Meat Industries
Act.
(2) Section 4(1), definition Chief
Inspector
omit, substitute
Chief Inspector, see the Livestock
Act.
(3) Section 4(1), definition
drover
omit
stock being travelled in accordance with the
Stock Routes and Travelling Stock Act or the Stock Diseases
Act
substitute
travelling livestock being moved in accordance with
the Livestock Act
(4) Section 10(3)(b)
omit
Stock Diseases Act;
substitute
Livestock Act;
(1) This section amends the Pounds
Act.
(2) Section 8
omit
the Chief Inspector of Stock or by any other
inspector of stock appointed under the Stock Diseases
Act
substitute
an inspector, as defined in the Livestock
Act,
Amendment of Veterinarians
Act
(1) This section amends the Veterinarians
Act.
(2) Section 3(1), definition Chief Inspector
of Stock
omit, substitute
Chief Inspector, see the Livestock
Act.
(3) Section 5(1)(a) and (7)
omit
of Stock
Amendment of Veterinarians
Regulations
(1) This section amends the Veterinarians
Regulations.
(2) Regulation 6(k)
omit (all references)
of Stock
(3) Regulation 7(1)(d)
omit
Stock Diseases Act
substitute
Livestock Act
This Part expires on the day after it
commences.
section
|
Brands Ordinance 1928
|
Ordinance No. 2 of 1928
|
|
Brands Ordinance 1932
|
Ordinance No. 21 of 1932
|
|
Brands Ordinance 1934
|
Ordinance No. 6 of 1934
|
|
Brands Ordinance 1936
|
Ordinance No. 1 of 1936
|
|
Brands Ordinance 1954
|
Ordinance No. 18 of 1954
|
|
Brands Ordinance 1958
|
Ordinance No. 4 of 1958
|
|
Brands Ordinance 1960
|
Ordinance No. 4 of 1960
|
|
Brands Ordinance 1966
|
Ordinance No. 35 of 1966
|
|
Brands Ordinance 1967
|
Ordinance No. 37 of 1967
|
|
Brands Ordinance 1969
|
Ordinance No. 37 of 1969
|
|
Brands Ordinance 1974
|
Ordinance No. 87 of 1974
|
|
Brands Ordinance 1977
|
Ordinance No. 20 of 1977
|
|
Brands Amendment Act 1990
|
Act No. 1 of 1990
|
|
Brands Amendment Act (No. 2)
1990
|
Act No. 3 of 1990
|
|
Brands Amendment Act 1995
|
Act No. 52 of 1995
|
|
Brands Amendment Act 1996
|
Act No. 53 of 1996
|
|
Foot and Mouth Disease Compensation
Ordinance 1958
|
Ordinance No. 18 of 1958
|
|
Foot and Mouth Disease Compensation
Ordinance 1961
|
Ordinance No. 5 of 1962
|
|
Foot and Mouth Disease Compensation
Ordinance 1966
|
Ordinance No. 4 of 1966
|
|
Foot and Mouth Disease Compensation
Ordinance 1974
|
Ordinance No. 85 of 1974
|
|
Exotic Diseases (Animals) Compensation
Act 1981
|
Act No. 86 of 1981
|
|
Exotic Diseases (Animals) Compensation Amendment
Act 1990
|
Act No. 6 of 1990
|
|
Stock (Control of Hormonal Growth Promotants)
Act 1993
|
Act No. 2 of 1993
|
|
Stock (Control of Hormonal Growth Promotants)
Amendment Act 1996
|
Act No. 52 of 1996
|
|
Stock Diseases Ordinance
1954
|
Ordinance No. 16 of 1954
|
|
Stock Diseases Ordinance
1955
|
Ordinance No. 23 of 1955
|
|
Stock Diseases Ordinance
1957
|
Ordinance No. 26 of 1957
|
|
Stock Diseases Ordinance
1959
|
Ordinance No. 23 of 1959
|
|
Stock Diseases Ordinance
1961
|
Ordinance No. 2 of 1962
|
|
Stock Diseases Ordinance
1962
|
Ordinance No. 40 of 1962
|
|
Stock Diseases Ordinance
1963
|
Ordinance No. 66 of 1963
|
|
Stock Diseases Ordinance
1968
|
Ordinance No. 63 of 1968
|
|
Stock Diseases Ordinance
1969
|
Ordinance No. 55 of 1969
|
|
Stock Diseases Amendment Act
1981
|
Act No. 51 of 1981
|
|
Stock Diseases Amendment Act (No. 3)
1981
|
Act No. 73 of 1981
|
|
Stock Diseases Amendment Act (No. 2)
1981
|
Act No. 90 of 1981
|
|
Stock Diseases Amendment Act
1983
|
Act No. 56 of 1983
|
|
Stock Diseases Amendment Act
1987
|
Act No. 39 of 1987
|
|
Stock Diseases Amendment Act
1988
|
Act No. 9 of 1988
|
|
Stock Disease Amendment Act (No. 2)
1988
|
Act No. 24 of 1988
|
|
Stock Diseases Amendment Act 1989
|
Act No. 80 of 1989
|
|
Stock Diseases Amendment Act 1990
|
Act No. 2 of 1990
|
|
Stock Diseases Amendment Act 1994
|
Act No. 33 of 1994
|
|
Stock Diseases Amendment Act 1996
|
Act No. 49 of 1996
|
|
Stock Diseases Amendment Act 1999
|
Act No. 32 of 1999
|
|
Stock Diseases Amendment Act 2003
|
Act No. 10 of 2004
|
|
Stock Routes Ordinance 1954
|
Ordinance No. 5 of 1955
|
|
Stock Routes and Travelling Stock
Ordinance 1955
|
Ordinance No. 2 of 1956
|
|
Stock Routes and Travelling Stock
Ordinance 1957
|
Ordinance No. 13 of 1957
|
|
Stock Routes and Travelling Stock Ordinance (No.
2) 1957
|
Ordinance No. 25 of 1957
|
|
Stock Routes and Travelling Stock
Ordinance 1960
|
Ordinance No. 9 of 1960
|
|
Stock Routes and Travelling Stock
Ordinance 1963
|
Ordinance No. 68 of 1963
|
|
Stock Routes and Travelling Stock
Ordinance 1969
|
Ordinance No. 48 of 1969
|
|
Stock Routes and Travelling Stock
Ordinance 1973
|
Ordinance No. 79 of 1973
|
|
Stock Routes and Travelling Stock Act
1980
|
Act No. 27 of 1980
|
|
Stock Routes and Travelling Stock Amendment Act
1981
|
Act No. 49 of 1981
|
|
Stock Routes and Travelling Stock Amendment Act
1982
|
Act No. 20 of 1982
|
|
Stock Routes and Travelling Stock Amendment Act
1987
|
Act No. 40 of 1987
|
|
Stock Routes and Travelling Stock Amendment Act
1990
|
Act No. 7 of 1990
|
|
Stock Routes and Travelling Stock Amendment Act
1996
|
Act No. 6 of 1996
|
|
Stock Routes and Travelling Stock Amendment Act
(No. 2) 1996
|
Act No. 51 of 1996
|
[Index]
[Search]
[Download]
[Related Items]
[Help]