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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
STOCK AMENDMENT BILL
1993
Queensland
STOCK AMENDMENT BILL 1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF STOCK ACT 1915
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of s.21 (Owner of travelling stock to notify inspector) . . . . . 4
21 Some stock movements require a travel permit . . . . . . . . . . . . . . . . 4
21A Types of stock movement that require a travel permit . . . . . . . . . . . 5
21B Issue of a travel permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
21C Application for travel permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
21D Change of route under a travel permit . . . . . . . . . . . . . . . . . . . . . . . . 7
21E Travel permit for multiple movements . . . . . . . . . . . . . . . . . . . . . . . . 7
21F Cancellation of travel permit to prevent disease . . . . . . . . . . . . . . . 7
21G Travel permit taken to be cancelled . . . . . . . . . . . . . . . . . . . . . . . . . 8
21H Cancelled travel permit must be returned on request . . . . . . . . . . . . 8
21I Duties concerning travel permit arising during stock movement . . . 8
21J Requirement to have travel permit relaxed in some cases . . . . . . . 9
21K Only an inspector to issue, alter or endorse a travel permit . . . . . . . 9
5 Replacement of s.22 (Drovers to be provided with waybill or
travelling stock declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
22 Waybill to be completed and given to drover before stock
movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
22A Retention of copy of waybill given to drover . . . . . . . . . . . . . . . . . . 11
22B Duties of drovers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Stock Amendment
22C Duties relating to waybill when stock delivered . . . . . . . . . . . . . . . . 13
22D Retention of waybill received from drover . . . . . . . . . . . . . . . . . . . . 13
22E Entering of false or misleading information . . . . . . . . . . . . . . . . . . . . 14
22F Waybill sometimes not required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22G Multiple conveyances permitted under single waybill . . . . . . . . . . . 14
22H Examination of stock by owners of holdings . . . . . . . . . . . . . . . . . . . 15
22I Escape of travelling stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Insertion of new s.35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
35A Certification relating to artificial breeding . . . . . . . . . . . . . . . . . . . . 16
7 Replacement of s.36 (Appeal to Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
36 Appeals to Magistrates Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--AMENDMENT OF DEER FARMING ACT 1985
8 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 Amendment of s.7 (Displaced farm deer definition) . . . . . . . . . . . . . . . . . . . 18
PART 4--REPEAL OF ARTIFICIAL BREEDING OF STOCK
ACT 1979
10 Repeal of Artificial Breeding of Stock Act 1979 . . . . . . . . . . . . . . . . . . . . . 18
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 19
CONSEQUENTIAL AND MINOR AMENDMENTS OF STOCK
ACT 1915
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 40
MINOR AMENDMENTS OF DEER FARMING ACT 1985
1993
A BILL
FOR
An Act to amend the Stock Act 1915 and the Deer Farming Act 1985
and to repeal the Artificial Breeding of Stock Act 1979
4
Stock Amendment
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
Clause1. This Act may be cited as the Stock Amendment Act 1993. 6
7
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 8
PART 2--AMENDMENT OF STOCK ACT 1915 9
Act 10
Amended
The Stock Act 1915 is amended as set out in this Part and 11
Clause3.
Schedule 1. 12
of s.21 (Owner of travelling stock to notify inspector) 13
Replacement
Section 21-- 14
Clause4.
omit, insert-- 15
stock movements require a travel permit 16
`Some
`21.(1) A person must not travel stock on a movement mentioned in 17
section 21A unless a travel permit has been issued for the movement of the 18
stock. 19
`(2) A person must not put stock into another person's charge for the 20
purpose of travelling the stock on a movement mentioned in section 21A 21
unless a travel permit has been issued for the movement of the stock. 22
Maximum penalty--40 penalty units or imprisonment for 6 months. 23
5
Stock Amendment
of stock movement that require a travel permit 1
`Types
`21A. Section 21 applies to the following stock movements-- 2
(a) the movement of stock into, within or out of an area that is an 3
infected area or declared area because of a notification under 4
section 13, if the notification-- 5
(i) provides that the movement is not prohibited; but 6
(ii) requires that a travel permit be obtained for the movement; 7
(b) the movement of stock to a quarantine facility where stock are 8
staged before export from Australia; 9
(c) the movement of suspected stock; 10
(d) the movement of stock to a border crossing point or a sea or air 11
loading point for the purpose of taking the stock to another State 12
or a Territory if the other State or the Territory requires that a 13
travel permit or similar authorisation must be obtained as a 14
condition of entry; 15
(e) the movement of stock into an area prescribed by regulation; 16
(f) the movement of stock out of an area prescribed by regulation; 17
(g) the movement of stock within an area prescribed by regulation. 18
of a travel permit 19
`Issue
`21B.(1) A travel permit may be issued by an inspector on an application 20
made to the inspector. 21
`(2) The travel permit may be issued only if the inspector is satisfied 22
that-- 23
(a) the movement of stock under the permit is not likely to lead to the 24
spread of disease; and 25
(b) the application for the permit has been made by or on behalf of 26
the owner of the stock; and 27
(c) the stock are intended to be taken to the place stated in the 28
application for the permit. 29
`(3) The travel permit is subject to the reasonable conditions that the 30
6
Stock Amendment
inspector specifies in the permit. 1
`(4) Without limiting subsection (3), the conditions specified in the 2
permit may relate to the way in which the stock may be dealt with after the 3
completion of the movement of the stock under the permit. 4
for travel permit 5
`Application
`21C.(1) An application to an inspector for a travel permit may be made 6
orally or in writing, but must be made in writing if the inspector requires a 7
written application. 8
`(2) The applicant must give the inspector the following information-- 9
(a) the number and description of the stock; 10
(b) the place at which the stock are located at the time the application 11
is made; 12
(c) the place where the movement of stock under the permit is to 13
start; 14
(d) if the place mentioned in paragraph (b) or (c) is a holding--the 15
name of the person actually in charge of the holding (whether or 16
not the person is the owner, lessee or licensee of the holding); 17
(e) the name and address of the person having charge of the stock at 18
the time the application is made; 19
(f) the name and address of the actual owner of the stock; 20
(g) if a person is to take delivery of the stock at the completion of the 21
movement under the permit--the name and address of the 22
person; 23
(h) the route by which the stock are to travel; 24
(i) the name of the person who will be the drover of the stock; 25
(j) the date by which the movement of the stock is to start; 26
(k) the place to which the stock are to be moved under the permit; 27
(l) if the movement under the permit is part of a longer journey-- 28
(i) the intended destination of the stock; and 29
(ii) if a person is to take delivery of the stock at the 30
7
Stock Amendment
destination--the name and address of the person; 1
(m) the way in which the stock are to be moved; 2
(n) other information that may be prescribed by regulation. 3
`(3) Before issuing the travel permit, the inspector may require the 4
applicant to produce the waybill for the movement. 5
of route under a travel permit 6
`Change
`21D.(1) An application may be made to an inspector by or on behalf of 7
the owner of stock for a change of the route by which stock are to travel 8
under a travel permit. 9
`(2) The application may be made orally or in writing, but must be made 10
in writing if the inspector requires a written application. 11
`(3) The inspector may approve the change of route only if the inspector 12
is satisfied that the movement of stock by the changed route is not likely to 13
lead to the spread of disease. 14
`(4) If the inspector approves the change of route, the details of the 15
change are, if practicable, to be endorsed on the travel permit. 16
`(5) The conditions to which the travel permit is subject are varied in 17
accordance with the change of route, even if the change is not endorsed on 18
the permit. 19
permit for multiple movements 20
`Travel
`21E. The chief inspector, or an inspector acting under guidelines issued 21
by the chief inspector, may issue a travel permit for multiple movements of 22
stock. 23
of travel permit to prevent disease 24
`Cancellation
`21F.(1) An inspector may cancel a travel permit if the inspector believes 25
on reasonable grounds that the travel or further travel of stock under the 26
permit is reasonably likely to lead to the spread of disease. 27
`(2) An inspector may cancel a travel permit if the inspector believes on 28
reasonable grounds that-- 29
8
Stock Amendment
(a) the conditions of the permit are not being, or have not been, 1
complied with; and 2
(b) the noncompliance may lead to the spread of disease. 3
`(3) Notice of the cancellation may be given orally to the person who has 4
charge of the stock at the time of the cancellation, but written notice must be 5
given as soon as practicable to-- 6
(a) the person who applied for the travel permit; and 7
(b) the drover named in the application for the permit. 8
permit taken to be cancelled 9
`Travel
`21G.(1) A travel permit is taken to be cancelled if the stock movement 10
permitted by the permit does not start by the date specified in the permit. 11
`(2) A travel permit is taken to be cancelled if-- 12
(a) an infected zone, control zone or standstill zone (the "zone") is 13
notified under the Exotic Diseases in Animals Act 1981; and 14
(b) the permit was issued before the notification and authorised the 15
movement of stock within, into or out of the zone. 16
`(3) Subsections (1) and (2) do not prevent a further application being 17
made for the issue of a new travel permit for the same movement. 18
travel permit must be returned on request 19
`Cancelled
`21H. A person holding a cancelled travel permit must return it to an 20
inspector if the inspector asks the person to return it. 21
Maximum penalty--40 penalty units. 22
concerning travel permit arising during stock movement 23
`Duties
`21I.(1) The following persons must not, without reasonable excuse, 24
contravene a condition of a travel permit issued for a stock movement-- 25
(a) the drover of the stock; 26
(b) a person in charge of the stock; 27
9
Stock Amendment
(c) the owner of the stock; 1
(d) an agent of a person mentioned in paragraphs (a) to (c) in relation 2
to any movement of, or dealing with, the stock. 3
`(2) The drover must-- 4
(a) have the travel permit for the movement (or a copy of it that 5
shows the signature of the inspector who issued it) available for 6
immediate inspection; and 7
(b) produce it to an inspector for inspection if the inspector asks for it 8
to be produced for inspection. 9
Maximum penalty--40 penalty units. 10
to have travel permit relaxed in some cases 11
`Requirement
`21J.(1) Section 21I(2) does not apply to a stock movement if, before the 12
stock are moved, the person who applies to an inspector for a travel permit 13
for the movement-- 14
(a) satisfies the inspector that it would not be reasonably practicable 15
for the drover to obtain possession of the permit before the 16
movement starts; and 17
(b) is advised by the inspector that the permit has been issued; and 18
(c) endorses on the relevant waybill-- 19
(i) the name and address of the inspector; and 20
(ii) the date of issue of the permit; and 21
(iii) the number of the permit. 22
`(2) Section 21I(2) does not apply to a stock movement if-- 23
(a) stock are being moved under a travel permit mentioned in 24
section 21E; and 25
(b) the waybill relating to the stock states the number of the permit. 26
an inspector to issue, alter or endorse a travel permit 27
`Only
`21K. A person who is not an inspector must not-- 28
10
Stock Amendment
(a) issue a travel permit; or 1
(b) alter or endorse a travel permit. 2
Maximum penalty--40 penalty units or imprisonment for 6 months.'. 3
of s.22 (Drovers to be provided with waybill or travelling 4
Replacement
stock declaration) 5
Section 22-- 6
Clause5.
omit, insert-- 7
to be completed and given to drover before stock movement 8
`Waybill
`22.(1) In this section and section 22A-- 9
"occupier" of a holding means the person actually in charge of the holding 10
(whether or not the person is the owner, lessee or licensee of the 11
holding). 12
`(2) Before stock are moved from a holding, the occupier of the holding 13
must-- 14
(a) either-- 15
(i) complete an approved waybill for the stock; or 16
(ii) ensure that the actual owner of the stock or an authorised 17
agent of the owner completes an approved waybill for the 18
stock; and 19
(b) ensure that the drover is given the waybill. 20
Maximum penalty--40 penalty units. 21
`(3) Before stock are moved from a saleyard at which they have been 22
offered for sale, the person in charge of selling the stock at the saleyard 23
must-- 24
(a) either-- 25
(i) complete an approved waybill for the stock; or 26
(ii) ensure that the person having responsibility for sending 27
stock on from the saleyard completes an approved waybill; 28
and 29
11
Stock Amendment
(b) ensure that the drover is given the waybill. 1
Maximum penalty--40 penalty units. 2
`(4) If stock are starting a journey other than by leaving either a holding 3
or a saleyard at which they have been offered for sale, the actual owner of 4
the stock or, if the stock are in the charge of an authorised agent of the 5
owner, the authorised agent must-- 6
(a) complete an approved waybill for the stock; and 7
(b) ensure that the drover is given the waybill. 8
Maximum penalty--40 penalty units. 9
`(5) This section applies subject to the following sections-- 10
(a) section 22F (Waybill sometimes not required); 11
(b) section 22G (Multiple conveyances permitted under single 12
waybill). 13
of copy of waybill given to drover 14
`Retention
`22A.(1) If a waybill is completed under section 22(2), the occupier 15
must, for 2 years after the waybill is completed-- 16
(a) retain a copy of the waybill at the holding or at a place approved 17
by an inspector; and 18
(b) produce it to an inspector for inspection if the inspector asks for it 19
to be produced for inspection. 20
`(2) If a waybill is completed under section 22(3), the person in charge of 21
selling the stock at the saleyard must, for 2 years after the waybill is 22
completed-- 23
(a) retain either-- 24
(i) a copy of the waybill; or 25
(ii) a record of the information contained in the waybill; and 26
(b) produce the copy or information to an inspector for inspection if 27
the inspector asks for it to be produced for inspection. 28
`(3) If a waybill is completed under section 22(4), the person who 29
completed the waybill must, for 2 years after the waybill is completed-- 30
12
Stock Amendment
(a) retain a copy of the waybill; and 1
(b) produce it to an inspector for inspection if the inspector asks for it 2
to be produced for inspection. 3
Maximum penalty--40 penalty units. 4
of drovers 5
`Duties
`22B.(1) A drover must not travel stock unless a waybill has been 6
completed for the stock under section 22. 7
Maximum penalty--40 penalty units. 8
`(2) The drover must while travelling the stock-- 9
(a) have the waybill mentioned in subsection (1) available for 10
immediate inspection; and 11
(b) produce it to an inspector for inspection if the inspector asks for it 12
to be produced for inspection. 13
Maximum penalty--40 penalty units. 14
`(3) If the stock under the drover's charge are not to be delivered to 15
another person, the drover must, for 2 years after it is completed-- 16
(a) retain the waybill mentioned in subsection (1); and 17
(b) produce it to an inspector for inspection if the inspector asks for it 18
to be produced for inspection. 19
Maximum penalty--40 penalty units. 20
Example-- 21
Subsection (3) applies to a drover travelling the drover's own stock to the 22
drover's own holding. 23
`(4) If a drover loses a waybill, it is a defence to a prosecution for an 24
offence against subsection (2) or (3) if the drover-- 25
(a) obtains a copy of the waybill, or a replacement of it, as quickly as 26
reasonably possible; and 27
(b) produces it to an inspector for inspection when the inspector asks 28
for the waybill to be produced for inspection. 29
13
Stock Amendment
`(5) Subsections (1) to (3) apply subject to the following sections-- 1
(a) section 22F (Waybill sometimes not required); 2
(b) section 22G (Multiple conveyances permitted under single 3
waybill). 4
`(6) A drover must not have possession of a waybill or a copy of a 5
waybill that, to the drover's knowledge, is false or misleading in a material 6
particular. 7
Maximum penalty--40 penalty units. 8
relating to waybill when stock delivered 9
`Duties
`22C.(1) A person must not, without reasonable excuse, accept delivery 10
of stock from a drover unless the person at the same time receives an 11
approved waybill for the stock. 12
Maximum penalty--40 penalty units. 13
`(2) A drover must not, without reasonable excuse, deliver stock to a 14
person unless at the same time the drover also delivers an approved waybill 15
for the stock. 16
Maximum penalty--40 penalty units. 17
`(3) This section applies subject to the following sections-- 18
(a) section 22F (Waybill sometimes not required); 19
(b) section 22G (Multiple conveyances permitted under single 20
waybill). 21
of waybill received from drover 22
`Retention
`22D. A person who takes delivery of stock, or on whose behalf delivery 23
of stock is taken, from a drover must, for 2 years after the delivery-- 24
(a) retain the waybill for the stock received from the drover; and 25
(b) produce it to an inspector for inspection if the inspector asks for it 26
to be produced for inspection. 27
Maximum penalty--40 penalty units. 28
14
Stock Amendment
of false or misleading information 1
`Entering
`22E. A person must not knowingly enter false or misleading 2
information on a waybill made for the purposes of this Act. 3
Maximum penalty--40 penalty units or imprisonment for 6 months. 4
sometimes not required 5
`Waybill
`22F. Sections 22, 22B(1) to (3) and 22C do not apply to-- 6
(a) cattle, sheep or goats being driven to or from a neighbouring 7
holding for ordinary stock management purposes (other than for 8
the purpose of collecting or returning stock that has strayed) on a 9
movement that does not require a travel permit; or 10
(b) horses on a movement that does not require a travel permit, other 11
than horses being moved-- 12
(i) in connection with their sale or slaughter or intended sale or 13
slaughter; or 14
(ii) on a journey intended to take them out of a cattle tick 15
infected area. 16
conveyances permitted under single waybill 17
`Multiple
`22G.(1) Subject to subsections (2) to (4), a drover may convey stock on 18
a single waybill by 2 or more vehicles or journeys. 19
`(2) All stock must leave the same starting point within a period of 20
24 hours. 21
`(3) The driver of a vehicle carrying the stock must carry a certificate 22
signed by the drover that-- 23
(a) states the number of stock on the vehicle; and 24
(b) identifies the waybill relating to the movement of the stock; and 25
(c) states the starting point and the destination that appears or will 26
appear on the waybill. 27
`(4) The waybill must be completed before the last of the stock leave the 28
starting point. 29
15
Stock Amendment
of stock by owners of holdings 1
`Examination
`22H.(1) This section applies to the owner of a holding through which, 2
or along the boundary of which, stock in the charge of a drover are driven. 3
`(2) If the owner is of the opinion, formed on reasonable grounds, that it 4
is necessary or desirable for the owner to examine the stock for the purpose 5
of preventing the spread of disease, the owner may-- 6
(a) advise the drover of the opinion; and 7
(b) request the drover to-- 8
(i) allow the owner to examine the stock; or 9
(ii) produce for inspection by the owner any waybill completed, 10
and travel permit issued, for the movement of the stock; or 11
(iii) assist the owner by mustering and controlling the stock to 12
enable the stock to be examined. 13
`(3) The drover must not, without reasonable excuse, fail to comply with 14
a request made by the owner under subsection (2). 15
Maximum penalty for subsection (3)--20 penalty units. 16
of travelling stock 17
`Escape
`22I. If stock escape from the custody of a drover while the drover is 18
travelling the stock, the drover must, at the earliest reasonable opportunity 19
after becoming aware of the escape, notify-- 20
(a) if a travel permit has been issued for the movement of the 21
stock--an inspector; and 22
(b) if the movement of the stock is a movement for which a waybill 23
is required--the person in charge of any holding (whether or not 24
the person is the owner, lessee or licensee of the holding) onto 25
which the stock have escaped or are likely to have escaped. 26
Maximum penalty--40 penalty units.'. 27
of new s.35A 28
Insertion
Clause6. After section 35-- 29
16
Stock Amendment
insert-- 1
relating to artificial breeding 2
`Certification
`35A.(1) A regulation may make provision with respect to the 3
examination, certification and inspection of premises, or stock at premises, 4
at which procedures relating to the artificial breeding of stock take place. 5
`(2) In subsection (1)-- 6
"procedures relating to the artificial breeding of stock" include-- 7
(a) procedures for collecting semen or embryos from stock; and 8
(b) stock embryo transfer procedures.'. 9
of s.36 (Appeal to Minister) 10
Replacement
Section 36-- 11
Clause7.
omit, insert-- 12
to Magistrates Courts 13
`Appeals
`36.(1) In this section-- 14
"decision" means-- 15
(a) a direction, order or other decision given or made under this Act 16
by a public official (other than by way of an instrument that is 17
subordinate legislation); or 18
(b) a failure by a public official to make or give under this Act (other 19
than by way of an instrument that is subordinate legislation) a 20
direction, order or other decision that the official is required to 21
make or give; 22
"public official" includes-- 23
(a) the Minister; and 24
(b) the chief executive; and 25
(c) an inspector; and 26
(d) an authorised veterinary surgeon. 27
`(2) A person who is aggrieved by a decision may appeal to a 28
Magistrates Court against the decision. 29
17
Stock Amendment
`(3) The appeal may be instituted at any time. 1
`(4) However, a person who wishes to appeal against a decision of which 2
written notice of the decision and the reasons for the decision have been 3
given to the person must institute the appeal within 30 days of receiving the 4
notice. 5
`(5) The Magistrates Court exercising jurisdiction at or nearest the place 6
of the activity to which the decision relates has jurisdiction to hear the 7
appeal. 8
`(6) Subsection (5) does not limit the jurisdiction of another Magistrates 9
Court to hear the appeal. 10
`(7) An appeal under this section is started by-- 11
(a) filing with the clerk of the court written notice of the appeal; and 12
(b) serving a copy of the notice on the chief executive. 13
`(8) The notice of appeal must specify fully the grounds of appeal and the 14
facts relied on. 15
`(9) An appeal is to be by way of rehearing. 16
`(10) The Magistrate hearing the appeal may give directions in relation to 17
the hearing of the appeal. 18
`(11) For the purposes of the appeal, the Magistrates Court has all the 19
powers and functions of the person whose decision is the subject of appeal. 20
`(12) If, on appeal, the Magistrates Court reverses or varies the decision, 21
the Magistrates Court's decision is taken, for the purposes of this Act, to be 22
that of the person whose decision was the subject of the appeal.'. 23
ART 3--AMENDMENT OF DEER FARMING ACT 24
P
1985 25
Act 26
Amended
The Deer Farming Act 1985 is amended as set out in this Part and 27
Clause8.
Schedule 2. 28
18
Stock Amendment
of s.7 (Displaced farm deer definition) 1
Amendment
Section 7(b)-- 2
Clause9.
omit, insert-- 3
`(b) that is not travelling stock within the meaning of the Stock Act 4
1915.'. 5
PART 4--REPEAL OF ARTIFICIAL BREEDING OF 6
STOCK ACT 1979 7
of Artificial Breeding of Stock Act 1979 8
Repeal
The Artificial Breeding of Stock Act 1979 is repealed. 9
Clause10.
19
Stock Amendment
CHEDULE 1 1
¡S
CONSEQUENTIAL AND MINOR AMENDMENTS OF 2
STOCK ACT 1915 3
section 3 4
1. Sections 1, 2 and 3-- 5
omit, insert-- 6
`Short title 7
`1. This Act may be cited as the Stock Act 1915.'. 8
2. Section 4(1) (definitions "Authorised agent", "Chief Inspector", 9
"Convey", "Dip", "Dipped", "Disease", "Drive", "Government 10
Veterinary Officer", "Inspector", "Local Authority", "Minister", 11
"Neighbouring holding", "Notifiable disease", "Permit", "Police 12
officer" and "Officer of police", "Prescribed", "Residue disease", 13
"Sprayed", "Stock", "Stock route", "Tested", "This Act" and 14
"Travelling Stock")-- 15
omit. 16
3. Section 4(1)-- 17
insert-- 18
` "approved form" means a form approved by the chief executive under 19
section 47A; 20
"approved waybill" means a waybill in the approved form; 21
"authorised agent" of the owner of stock means a person authorised by 22
the owner to act on the owner's behalf in relation to the purchase, sale 23
or movement of the stock; 24
"cattle tick infected area" means an area that is notified under section 13 25
as an infected area for cattle tick; 26
20
Stock Amendment
SCHEDULE 1 (continued)
"chief executive" means the chief executive of the department; 1
"chief inspector" means the Chief Inspector of Stock; 2
"convey", in relation to stock, means carry or transport the stock in or on a 3
vehicle, train or vessel; 4
"dip" means, in relation to stock, completely immerse the stock in an 5
effective external parasite destroying preparation, and includes (when 6
used as a noun) a vat, bath or apparatus of any kind used in connection 7
with the dipping of stock; 8
"disease" means a disease prescribed by regulation; 9
"drive", in relation to stock, means cause or allow the stock to travel on the 10
hoof, but does not include conveying the stock; 11
"government veterinary officer" means an officer of the department who 12
is a registered veterinary surgeon; 13
"inspector" means an inspector of stock, and includes-- 14
(a) the chief inspector; and 15
(b) an honorary inspector of stock; 16
"neighbouring holding", in relation to a holding on which stock are 17
ordinarily pastured, means another holding within 20 km of the 18
holding; 19
"notifiable disease" means a disease prescribed by regulation as a 20
notifiable disease; 21
"registered veterinary surgeon" means a person who is registered as a 22
veterinary surgeon under the Veterinary Surgeons Act 1936; 23
"residue disease" means a disease of the type described in subsection (4); 24
"spray", in relation to an animal, means thoroughly saturate the hair and 25
skin of the animal with an effective preparation approved by an 26
inspector; 27
"stock" means-- 28
(a) buffalo, camels, cattle, deer, goats, horse, llamas, poultry, sheep 29
or swine; or 30
21
Stock Amendment
SCHEDULE 1 (continued)
(b) animals prescribed by regulation; 1
"stock route" means a road declared by regulation to be a stock route; 2
"test" means test in the way, or by the method, (if any) prescribed by 3
regulation; 4
"travelling stock" means-- 5
(a) stock being travelled outside the holding where they are ordinarily 6
pastured; or 7
(b) stock that have been travelled to a saleyard, showground, 8
recreation ground or racecourse (the "place") while they are at the 9
place; 10
"travel permit" means a travel permit issued under section 21B;'. 11
4. Section 4(1) (definition "Animal Product")-- 12
omit `which the Governor in Council, by Order in Council, declares to be 13
an animal product for the purposes of this Act', 14
insert `declared by regulation to be an animal product'. 15
5. Section 4(1) (definition "Biological preparation", paragraph (iii))-- 16
omit, insert-- 17
`(iii) another substance declared by regulation to be a biological 18
preparation;'. 19
6. Section 4(1) (definition "Poultry")-- 20
omit `which the Governor in Council by Order in Council from time to 21
time declares to be poultry under and for the purposes of this Act', 22
insert `declared by regulation to be poultry'. 23
7. Section 4(4)-- 24
omit, insert-- 25
`(4) A condition consisting of the presence of a chemical or antibiotic 26
22
Stock Amendment
SCHEDULE 1 (continued)
residue in the tissues of stock in excess of a particular concentration or level 1
may be prescribed for the purposes of the definition "disease" in 2
subsection (1), even if the presence of the residue would not be a disease 3
apart from this Act.'. 4
8. Section 5(1) to (2A)-- 5
omit, insert-- 6
`Chief inspector and other inspectors 7
`5.(1) There is to be a Chief Inspector of Stock. 8
`(2) There are to be the number of inspectors of stock that are appointed 9
from time to time. 10
`(3) The chief inspector and inspectors of stock are to be appointed and 11
hold office under the Public Service Management and Employment Act 12
1988. 13
`(4) The chief executive may appoint other officers of the department to 14
be inspectors of stock under this Act. 15
`(5) The appointment of an inspector of stock may be limited to 16
particular stock. 17
`(6) An inspector of stock must not, without the chief executive's 18
approval-- 19
(a) directly or indirectly deal in stock; or 20
(b) act as the agent of an owner or a dealer in stock. 21
Maximum penalty for subsection (6)--20 penalty units. 22
`Honorary inspectors 23
`5A.(1) The chief executive may appoint a person to be an honorary 24
inspector of stock. 25
`(2) An honorary inspector-- 26
(a) holds office for the period, and on the terms, specified in the 27
instrument of appointment; and 28
23
Stock Amendment
SCHEDULE 1 (continued)
(b) may resign by signed notice given to the chief executive. 1
`(3) All police officers are, without further appointment, honorary 2
inspectors.'. 3
9. Sections 5(3) and (6)-- 4
omit `any veterinary surgeon registered as such under the Veterinary 5
Surgeons Act 19361973', 6
insert `a registered veterinary surgeon'. 7
10. Section 5(3)-- 8
renumber as section 5B. 9
11. Section 5(4) and (5)-- 10
renumber as section 5C(1) and (2). 11
12. Section 5(6) (heading)-- 12
omit, insert-- 13
`Authorised Veterinary Surgeons'. 14
13. Section 5(6)-- 15
renumber as section 5D. 16
14. Section 6-- 17
omit, insert-- 18
`Delegations 19
`6.(1) The Minister may delegate the Minister's powers under this Act to 20
an officer of the department. 21
`(2) Subsection (1) does not apply to the Minister's powers under 22
24
Stock Amendment
SCHEDULE 1 (continued)
section 12. 1
`(3) The chief inspector may delegate the chief inspector's powers under 2
this Act to an officer of the department.'. 3
15. Section 7 (1st sentence)-- 4
omit `The Governor in Council may from time to time, by Order in 5
Council--', 6
insert `A regulation may--'. 7
16. Section 7 (2nd and 3rd sentences)-- 8
omit. 9
17. Section 9(3) and (4)-- 10
omit `Under Secretary Department of Primary Industries', 11
insert `chief executive'. 12
18. Section 9(7)-- 13
omit, insert-- 14
`(7) In this section-- 15
"cream" means cream produced from milk; 16
"factory" means premises where the business of processing milk or cream 17
is carried on; 18
"milk" means the milk of-- 19
(a) the bovine animal; or 20
(b) a prescribed animal; 21
"owner" of a factory means the person who carries on the business of 22
processing milk or cream at the factory; 23
"process", in relation to milk or cream, means a treatment or 24
25
Stock Amendment
SCHEDULE 1 (continued)
manufacturing process (other than a treatment or process of a kind 1
excluded by regulation from the ambit of this definition).'. 2
19. Section 11(1)-- 3
omit `The Governor in Council', insert `A regulation'. 4
20. Section 11(1)-- 5
omit `make regulations', insert `make provision'. 6
21. Section 11(1)(b)-- 7
omit `regulations'. 8
22. Section 11(2) (1st sentence)-- 9
omit `The Governor in Council may make regulations that', 10
insert `A regulation may'. 11
23. Section 11(2) (2nd sentence)-- 12
omit. 13
24. Section 11(3)-- 14
omit, insert-- 15
`(3) A person must not introduce, or attempt to introduce, stock or a 16
matter or thing into the State in contravention of the regulations. 17
Maximum penalty for subsection (3)--80 penalty units or imprisonment 18
for 6 months.'. 19
26
Stock Amendment
SCHEDULE 1 (continued)
25. Section 12(1) (2nd and 3rd sentences)-- 1
omit. 2
26. Section 12(2)-- 3
omit `The Governor in Council may at any time, by Order in Council--', 4
insert `A regulation may--'. 5
27. Section 12(3)-- 6
omit `Order in Council', insert `regulation'. 7
28. Section 12 (at the end)-- 8
insert-- 9
`(4) A notification under this section is subordinate legislation.'. 10
29. Section 13(1)-- 11
omit `published in the Gazette'. 12
30. Section 13(2)-- 13
omit `by the same or a like notification', insert `by notification'. 14
31. Section 13(3)-- 15
omit. 16
32. Section 13 (at the end)-- 17
insert-- 18
`(6) A notification under this section is subordinate legislation.'. 19
27
Stock Amendment
SCHEDULE 1 (continued)
33. Section 14(1) (4th and 5th sentences)-- 1
omit, insert-- 2
`(1C) The quarantine continues until the area is released from quarantine 3
by the chief executive. 4
`(1D) A person must not remove or introduce, cause to be removed or 5
introduced, or assist or be in any way concerned in removing or 6
introducing, stock into or out of the area without the chief executive's 7
written authority. 8
Maximum penalty--40 penalty units or imprisonment for 6 months.'. 9
34. Section 14(2) (1st sentence)-- 10
omit `Minister', insert `chief executive'. 11
35. Section 14(2) (1st sentence)-- 12
omit `(and in the prescribed form, if any)'. 13
36. Sections 14(3A) and 15(1) (1st sentence)-- 14
omit `Minister', insert `chief executive'. 15
37. Section 15(1) (5th sentence)-- 16
omit. 17
38. Section 15(2)-- 18
omit `Minister', insert `chief executive'. 19
39. Section 16-- 20
omit `Minister', insert `chief executive'. 21
28
Stock Amendment
SCHEDULE 1 (continued)
40. Section 17-- 1
omit `Minister or his delegate', insert `chief executive'. 2
41. Section 17 (proviso, paragraph (a))-- 3
omit `State'. 4
42. Section 18-- 5
omit `Minister or his delegate', insert `chief executive'. 6
43. Section 20(1)-- 7
omit `an Order in Council made under this section in relation to the stock 8
specified in the Order in Council.', 9
insert `a regulation made for the purposes of this section in relation to the 10
stock specified in the regulation.'. 11
44. Section 20(3)(c)-- 12
omit `an Order in Council under', 13
insert `a regulation made for the purpose of'. 14
45. Section 20(6)-- 15
omit `as amended from time to time'. 16
46. Section 20(11)-- 17
omit `The Governor in Council may from time to time by Order in 18
Council--', 19
insert `A regulation may--'. 20
29
Stock Amendment
SCHEDULE 1 (continued)
47. Section 20(11)(b)-- 1
omit `such matters specified therein as he thinks fit.', 2
insert `matters specified in the regulation.'. 3
48. Section 23-- 4
omit, insert-- 5
`Regulation may provide for the non-application of travel permit and 6
waybill requirements 7
`23. A regulation may provide that sections 21 to 22I-- 8
(a) do not apply to specified stock; or 9
(b) do not apply to specified stock if specified conditions are 10
complied with.'. 11
49. Section 24 (section heading)-- 12
omit `or travelling stock declaration', insert `on inspection etc.'. 13
50. Section 24 (1st sentence)-- 14
omit `or travelling stock declaration'. 15
51. Section 24 (2nd sentence, heading)-- 16
omit. 17
52. Section 24 (2nd sentence)-- 18
omit `prescribed waybill or travelling stock declaration', 19
insert `waybill'. 20
30
Stock Amendment
SCHEDULE 1 (continued)
53. Section 27(2)-- 1
omit `veterinary surgeon registered as such under the Veterinary 2
Surgeons Act 19361973', 3
insert `registered veterinary surgeon'. 4
54. Section 27(3)-- 5
omit, insert-- 6
`(3) A regulation may provide that this section does not apply to a 7
specified notifiable disease.'. 8
55. Section 28B(2)-- 9
omit, insert-- 10
`(2) The application must be-- 11
(a) made to the chief inspector in the approved form; and 12
(b) accompanied by the fee prescribed by regulation.'. 13
56. Section 28C(3)-- 14
omit, insert-- 15
`(3) A licence is to be in the approved form.'. 16
57. Section 28C(5)-- 17
omit. 18
58. Section 28C(9)-- 19
omit. 20
31
Stock Amendment
SCHEDULE 1 (continued)
59. Section 28G(1)-- 1
omit, insert-- 2
`28G.(1) If the chief inspector believes on reasonable grounds that the 3
holder of a licence may have committed an offence against this Act 4
(whether or not the holder has been convicted of, or prosecuted for, the 5
offence), the chief inspector may, by written notice, require the holder to 6
show cause why the licence should not be cancelled or suspended.'. 7
60. Section 28H-- 8
omit. 9
61. Section 29(1)(ic)-- 10
omit `permit, waybill, travelling stock declaration', 11
insert `travel permit, waybill'. 12
62. Section 29(1)(ii) and (iii)-- 13
omit `and/'. 14
63. Section 29(1)(iva)-- 15
omit `Minister', insert `chief executive'. 16
64. Section 29(1) (last sentence)-- 17
omit `Minister', insert `chief executive'. 18
65. Section 29(2) (1st sentence)-- 19
omit all words from `Minister' to `authorized)', insert `chief executive'. 20
32
Stock Amendment
SCHEDULE 1 (continued)
66. Section 29(2) (2nd sentence)-- 1
omit `Minister or such delegate', insert `chief executive'. 2
67. Section 29(3) (1st sentence)-- 3
omit `Minister', insert `chief executive'. 4
68. Section 30(1) (1st sentence)-- 5
omit `The Governor in Council may by Order in Council', 6
insert `A regulation may'. 7
69. Section 30(1) (2nd sentence)-- 8
omit, insert-- 9
`(1AA) A regulation may make provision with respect to the way in 10
which the program is to be carried out.'. 11
70. Section 30(1A)-- 12
omit `Minister', insert `chief executive'. 13
71. Section 30(9) (3rd sentence)-- 14
omit `Minister', insert `chief executive'. 15
72. Section 30(15)-- 16
omit. 17
73. Section 30(17)-- 18
omit `Minister', insert `chief executive'. 19
33
Stock Amendment
SCHEDULE 1 (continued)
74. Section 31(5)(b)-- 1
omit `Minister', insert `chief executive'. 2
75. Section 32(2)-- 3
omit, insert-- 4
`(2) A regulation may provide that a biological preparation must not be 5
used for the inoculation of stock without the prior written approval of the 6
chief inspector.'. 7
76. Section 33(5) and (6)-- 8
omit `Minister', insert `chief executive'. 9
77. Sections 34(6), 35 and 37(1)(f)-- 10
omit `Minister', insert `chief executive'. 11
78. Section 37(1)(h)-- 12
omit, insert-- 13
`(h) knowingly gives false or misleading information in connection 14
with the issue, endorsement or alteration of a travel permit or 15
waybill;'. 16
79. Section 37(1)(i) and (ia)-- 17
omit. 18
80. Section 37(1)(j)-- 19
omit `permit', insert `travel permit'. 20
34
Stock Amendment
SCHEDULE 1 (continued)
81. Section 37(1)(j)(ii)-- 1
omit `or person authorized by the Minister in that behalf'. 2
82. Section 37(1)(o)-- 3
omit `permit, waybill or travelling stock declaration', 4
insert `travel permit or waybill'. 5
83. Section 37(1)(p) to (r)-- 6
omit `permit, waybill, travelling stock declaration,', 7
insert `travel permit, waybill,'. 8
84. Section 37(2) and (3)-- 9
omit `Minister', insert `chief executive'. 10
85. Section 38-- 11
omit. 12
86. Section 39-- 13
omit `Minister', insert `chief executive'. 14
87. Section 41-- 15
omit, insert-- 16
`Protection from liability 17
`41.(1) This section applies to-- 18
(a) the Minister; and 19
(b) the chief executive; and 20
(c) an inspector; and 21
35
Stock Amendment
SCHEDULE 1 (continued)
(d) an authorised veterinary surgeon or government veterinary 1
officer; and 2
(e) a person acting with the authority or under the direction of a 3
person mentioned in paragraphs (a) to (d). 4
`(2) A person to whom this section applies does not incur civil liability 5
for an act or omission done honestly and without negligence under, or for 6
the purposes of, this Act. 7
`(3) A liability that would, apart from this section, attach to the person 8
attaches instead to the State.'. 9
88. Section 42(4)-- 10
omit `liable to a penalty', insert `liable to a maximum penalty'. 11
89. Section 46-- 12
omit. 13
90. Section 47(b) (after `Minister,')-- 14
insert `chief executive,'. 15
91. Section 47(c)-- 16
omit `permit, waybill, travelling stock declaration,', 17
insert `travel permit, waybill,'. 18
92. Section 47(c) and (d)-- 19
omit `and, in the absence of evidence to the contrary, conclusive 20
evidence'. 21
36
Stock Amendment
SCHEDULE 1 (continued)
93. Section 47(d)-- 1
omit `Chief Inspector', insert `chief executive'. 2
94. Section 47(d)-- 3
omit `permit', insert `travel permit'. 4
95. Section 47(e) to (g)-- 5
omit `, and in the absence of evidence to the contrary, shall be conclusive 6
evidence of that knowledge'. 7
96. Section 47(h)-- 8
omit `, and in the absence of evidence to the contrary, conclusive 9
evidence'. 10
97. Section 47(i)(ii)-- 11
omit `permit', insert `travel permit'. 12
98. Section 47(i)-- 13
omit `and, in the absence of evidence to the contrary, conclusive 14
evidence'. 15
99. After section 47-- 16
insert-- 17
`Chief executive may approve forms 18
`47A. The chief executive may, by Gazette notice, approve a form for 19
use for the purposes of this Act.'. 20
37
Stock Amendment
SCHEDULE 1 (continued)
100. Section 48 (1st to 3rd sentences)-- 1
omit, insert-- 2
`48.(1) The Governor in Council may make regulations for the purposes 3
of this Act. 4
`(2) A regulation may make provision with respect to the matters 5
specified in the Schedule.'. 6
101. Section 48 (4th sentence)-- 7
renumber as subsection (3). 8
102. Section 48 (5th sentence)-- 9
omit. 10
103. After section 48-- 11
insert-- 12
`Existing permits and waybills 13
`49.(1) A permit (other than a concessional permit) issued under 14
section 21 before the commencement of this section, and in force 15
immediately before the commencement, continues to have effect after the 16
commencement as if it were a travel permit. 17
`(2) A waybill completed before the commencement of this section may 18
continue to be used after the commencement for the stock movement to 19
which it relates. 20
`Previous actions of Minister 21
`50.(1) This section applies to a decision, order or other decision (the 22
"decision") given or made by the Minister before the commencement of 23
this section if, had the decision been given or made after the 24
commencement, the decision would be required to have been given or made 25
by the chief executive. 26
38
Stock Amendment
SCHEDULE 1 (continued)
`(2) The decision continues to have effect, according to its terms, after the 1
commencement as if it were a decision given or made by the chief 2
executive.'. 3
104. Schedule 1-- 4
omit. 5
105. Schedule 2 (clause 6B)-- 6
omit, insert-- 7
`6B. Prescribing the requirements to be met for the granting of an 8
application for a licence to use premises as a cattle feedlot. 9
`6C. Regulating the establishment, maintenance and operation of cattle 10
feedlots.'. 11
106. Schedule 2 (after clause 7C)-- 12
insert-- 13
`7D. Regulating the testing and inoculation of stock and the use of 14
vaccines, sera and diagnostic agents.'. 15
107. Schedule 2 (Clause 21)-- 16
omit. 17
108. Schedule 2 (Clause 22)-- 18
omit `the Chief Inspector, inspector', 19
insert `the chief executive, the chief inspector, an inspector'. 20
109. Schedule 2 (Clause 24)-- 21
omit. 22
39
Stock Amendment
SCHEDULE 1 (continued)
110. Schedule 2 (heading)-- 1
omit `2'. 2
40
Stock Amendment
CHEDULE 2 1
¡S
INOR AMENDMENTS OF DEER FARMING ACT 2
M
1985 3
section 8 4
1. Section 5 (definitions "inspector" and "Minister")-- 5
omit. 6
2. Section 5-- 7
insert-- 8
` "inspector" means an inspector (other than an honorary inspector) within 9
the meaning of the Stock Act 1915, and includes an honorary inspector 10
appointed under this Act;'. 11
3. Section 8(2)-- 12
omit, insert-- 13
`(2) A regulation may prescribe deer of another description as species for 14
the purpose of this Act.'. 15
4. Section 9 (heading)-- 16
omit, insert-- 17
`Honorary inspectors'. 18
5. Section 9(1), (2) and (3)-- 19
omit. 20
41
Stock Amendment
SCHEDULE 2 (continued)
6. Section 11-- 1
omit, insert-- 2
`Delegation 3
`11. The Minister may delegate the Minister's powers under this Act to 4
an officer of the department.'. 5
7. Section 44-- 6
omit, insert-- 7
`Regulations 8
`44.(1) The Governor in Council may make regulations for the purposes 9
of this Act. 10
`(2) A regulation may make provision with respect to the matters 11
specified in Schedule 1. 12
`(3) A regulation may provide for the approval of the chief inspector to 13
be the standard applicable in respect of a particular matter.'. 14
15
© State of Queensland 1993
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