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TASMANIA
__________
ANIMAL (BRANDS AND MOVEMENT)
AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Long title substituted
5. Section 3 amended (Interpretation)
6. Section 10 amended (Obligation to brand pigs before sale
or before slaughter at premises other than those where
they are kept by or on behalf of their owners)
7. Section 18 amended (Application of registered earmarks
to cattle and sheep)
8. Section 21 amended (Provisions relating to branding of
cattle, sheep, and pigs that are sold after being
impounded)
9. Section 22FA inserted
22FA. Minister may require permanent identification
10. Section 24 amended (Powers of inspectors)
11. Section 25 amended (Offences)
12. Part VIA inserted
PART VIA Infringement notices
29A. Service of infringement notice
29B. Form of infringement notice
[Bill 53]-IX
29C. Acceptance of infringement notice
29D. Extension of acceptance period
29E. Payment
29F. Payments to Consolidated Fund
29G. Effect of acceptance
29H. Withdrawal of infringement notice
29I. Certain evidence not admissible
13. Section 33A inserted
33A. Delegation
14. Section 34 amended (Regulations)
15. Police Offences Act 1935 amended
2
ANIMAL (BRANDS AND MOVEMENT)
AMENDMENT BILL 2003
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Animal (Brands and Movement)
Act 1984
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Animal (Brands and
Movement) Amendment Act 2003.
Commencement
2. The provisions of this Act commence on a day or days to
be proclaimed.
Principal Act
3. In this Act, the Animal (Brands and Movement) Act
1984* is referred to as the Principal Act.
*No. 14 of 1984
[Bill 53] 3
s. 4 No. Animal (Brands and Movement) 2003
Amendment
Long title substituted
4. The Principal Act is amended by omitting the long title
and substituting the following long title:
An Act to provide for the compulsory
identification of cattle, sheep, pigs and other
animals, the regulation of the movement of
animals, a system of permanent identification
of animals, and incidental and other purposes
Section 3 amended (Interpretation)
5. Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "certificate":
"Chief Veterinary Officer" means the
person holding office as Chief
Veterinary Officer under the
Animal Health Act 1995;
(b) by omitting the definition of "pig";
(c) by omitting the definition of "tag" and
substituting the following definition:
"tag", as a noun, means a tag or label of
a kind prescribed in the
regulations or any other means of
identification of animals and, as a
verb, means to attach a tag to an
animal.
4
2003 Animal (Brands and Movement) No. s. 6
Amendment
Section 10 amended (Obligation to brand pigs before
sale or before slaughter at premises other than
those where they are kept by or on behalf of their
owners)
6. Section 10 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "over 10 weeks of
age" after "a pig";
(b) by omitting subsection (2) and substituting the
following subsection:
(2) Notwithstanding subsection (1), a
person
(a) may sell a pig that is not branded
with the registered body-tattoo of
which the owner of the pig is the
proprietor or cause a pig that is
not so branded to be sold; or
(b) may send a pig that is not so
branded, or cause a pig that is not
so branded to be sent, to premises
for the purpose referred to in
paragraph (b) of that subsection
if
(c) the pig was purchased by the
owner and delivered to him or her
by the previous owner within 7
days before the pig is sold or is
sent to those premises for that
purpose and at the time of delivery
bore the registered body-tattoo of
which the previous owner was the
proprietor; or
5
s. 7 No. Animal (Brands and Movement) 2003
Amendment
(d) the pig is tagged in accordance
with the regulations.
Section 18 amended (Application of registered
earmarks to cattle and sheep)
7. Section 18 of the Principal Act is amended as follows:
(a) by omitting from subsection (3) "The" and
substituting "Subject to subsection (3A), the";
(b) by inserting the following subsection after
subsection (3):
(3A) Subsection (3) does not apply to the
marking of an ear of any cattle or sheep with a
permanent identification device.
Section 21 amended (Provisions relating to
branding of cattle, sheep, and pigs that are sold
after being impounded)
8. Section 21(1) of the Principal Act is amended as follows:
(a) by omitting "cattle, sheep, or pig" first
occurring and substituting "pig over 10 weeks
of age, cattle or sheep";
(b) by inserting ", unless the pig is tagged in
accordance with the regulations" after
"proprietor".
Section 22FA inserted
9. After section 22F of the Principal Act, the following
section is inserted in Division 1:
6
2003 Animal (Brands and Movement) No. s. 9
Amendment
Minister may require permanent identification
22FA. (1) If the Minister is satisfied that the
prescribed circumstances exist, the Minister may, by
notice published in the Gazette, require a person to
attach to, or insert in, an animal or class of animals
a permanent identification device.
(2) A person must comply with a notice under
subsection (1).
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 200 penalty units; and
(b) an individual, a fine not exceeding
100 penalty units.
(3) A notice under subsection (1) is not a
statutory rule for the purposes of the Rules
Publication Act 1953.
(4) For the purposes of this section, the
prescribed circumstances exist if
(a) the area containing an animal or class of
animals has been declared to be a
restricted area, a control area or a
protected area under the Animal Health
Act 1995; or
(b) a body representative of a national
animal farming industry has required
that an animal or class of animals be
marked with a permanent identification
device; or
(c) a body representative of a Tasmanian
animal farming industry approves the
7
s. 10 No. Animal (Brands and Movement) 2003
Amendment
marking of an animal or class of animals
with a permanent identification device.
Section 24 amended (Powers of inspectors)
10. Section 24(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c) "inspector."
and substituting "inspector; and";
(b) by inserting the following paragraph after
paragraph (c):
(d) take a sample of
(i) the hide, skin, hair, wool,
feather, shell, horn, fin or
hoof of an animal; and
(ii) any urine, faeces, bone or
blood of an animal; and
(iii) any secretion or excretion of
an animal.
Section 25 amended (Offences)
11. Section 25 of the Principal Act is amended as follows:
(a) by omitting paragraph (e) from subsection (1)
and substituting the following paragraph:
(e) unless authorised under
subsection (1A), mutilate, crop,
slice, cut or mark the ears of any
cattle or sheep, whether living or
dead, except as provided by this
8
2003 Animal (Brands and Movement) No. s. 11
Amendment
Act, or be in possession of any
cattle or sheep, or the skins of any
cattle or sheep, with ears so
mutilated, cropped, sliced, cut or
marked;
(b) by omitting paragraphs (h), (i) and (j) from
subsection (1) and substituting the following
paragraphs:
(h) unless authorised under
subsection (1A), remove an ear
from a cattle skin or sheep skin,
unless that ear is removed
immediately before the skin is
subjected to a tanning process of
any kind;
(i) be in possession of a cattle skin or
sheep skin from which an ear has
been removed unless
(i) that ear has been removed
in the course of a tanning
process of any kind; or
(ii) the person is authorised
under subsection (1A); or
(j) unless authorised under
subsection (1A), cause, procure,
permit or assist in the doing of
anything prohibited by this
subsection.
(c) by omitting from the penalty under subsection
(1) "5" and substituting "10";
(d) by inserting the following subsection after
subsection (1):
9
s. 12 No. Animal (Brands and Movement) 2003
Amendment
(1A) The Chief Veterinary Officer may
authorise a person at licensed meat premises
within the meaning of the Meat Hygiene Act
1985 to perform an act in respect of a sheep or
sheep skin that would, but for this subsection,
constitute a breach of subsection (1)(e), (h), (i)
or (j), if the Chief Veterinary Officer considers
it necessary or desirable for determining the
origin of that, or any other, sheep or sheep
skin.
Part VIA inserted
12. After section 29 of the Principal Act, the following
Part is inserted:
PART VIA INFRINGEMENT NOTICES
Service of infringement notice
29A. (1) The Chief Veterinary Officer may serve an
infringement notice on a person, other than a person
under the age of 16 years, if of the opinion that the
person has committed a prescribed offence.
(2) An infringement notice is not to relate to 4
or more offences.
Form of infringement notice
29B. (1) An infringement notice is to be in a form
approved by the Chief Veterinary Officer and
specify
(a) the offence to which it relates; and
10
2003 Animal (Brands and Movement) No. s. 12
Amendment
(b) the prescribed penalty and prescribed
special penalty for that offence; and
(c) the total amount payable; and
(d) the place at which the penalty must be
paid; and
(e) any other prescribed details.
(2) An infringement notice is also to state that
the person on whom it is served may disregard the
notice but that, on doing so, he or she may be
prosecuted for the offence to which the notice
relates.
Acceptance of infringement notice
29C. A person may accept an infringement notice
by
(a) paying the total amount payable within
21 days after being served with the
notice; or
(b) lodging at the place specified in the
notice, within 21 days after being served
with the notice, a written undertaking to
pay the amount payable.
Extension of acceptance period
29D. If an infringement notice is not accepted
before the period referred to in section 29C expires, a
clerk of petty sessions may allow a further period of
14 days commencing on that expiry for the
acceptance of the notice.
11
s. 12 No. Animal (Brands and Movement) 2003
Amendment
Payment
29E. (1) If a person undertakes under
section 29C(b) to pay any amount payable under an
infringement notice, a clerk of petty sessions may
determine the period, not exceeding 60 days from the
day on which the notice was served, within which
the amount is to be paid.
(2) A person may make representations to a
clerk of petty sessions in respect of the person's
ability to pay the amount.
(3) A clerk of petty sessions is to take the
person's representations into account before
determining the period within which the amount is
to be paid.
(4) If a person fails to pay any amount in
accordance with an undertaking, the same
proceedings may be taken against the person in
respect of the amount remaining outstanding as if it
were a penalty imposed on the person on summary
conviction.
Payments to Consolidated Fund
29F. Any payments made in respect of an
infringement notice are payable into the
Consolidated Fund.
Effect of acceptance
29G. (1) The acceptance of an infringement notice is
not an admission of liability in any civil proceedings.
12
2003 Animal (Brands and Movement) No. s. 12
Amendment
(2) Proceedings against a person for an offence
to which an infringement notice relates that has not
been withdrawn must not be brought
(a) if the person accepts the infringement
notice; or
(b) within
(i) 28 days after the notice was
served, if the person has not been
allowed a further period under
section 29D; or
(ii) 42 days after the notice was
served, if the person has been
allowed a further period under
section 29D.
Withdrawal of infringement notice
29H. (1) The Chief Veterinary Officer may
withdraw an infringement notice served on a person
if of the opinion that
(a) the infringement notice should not have
been served; or
(b) the person should be proceeded against
for the offence to which the notice
relates.
(2) An infringement notice may be withdrawn
whether or not it has been accepted.
(3) An infringement notice is
(a) withdrawn by serving on a person a
notice stating that the infringement
notice has been withdrawn; and
13
s. 13 No. Animal (Brands and Movement) 2003
Amendment
(b) taken to be withdrawn on the expiry of
108 days after service of the
infringement notice.
(4) A clerk of petty sessions must repay to a
person any amount paid by that person in respect of
an infringement notice that is withdrawn.
Certain evidence not admissible
29I. Evidence of the service, acceptance or
withdrawal of an infringement notice is not
admissible in any proceedings for the offence to
which the notice relates.
Section 33A inserted
13. After section 33 of the Principal Act, the following
section is inserted in Part VII:
Delegation
33A. The Registrar may delegate any of his or her
functions or powers under this Act other than this
power of delegation.
Section 34 amended (Regulations)
14. Section 34(2) of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (d):
(da) requiring declarations, books and
records relating to animals and
14
2003 Animal (Brands and Movement) No. s. 15
Amendment
carcases of animals to be
transported with those animals
and carcases;
(b) by omitting from paragraph (e)(i) "cattle,
sheep, or pigs" first occurring and substituting
"animals";
(c) by omitting from paragraph (e)(i) "cattle,
sheep, or pigs shall" and substituting "animals
are to";
(d) by omitting from paragraph (e)(ii) "cattle or
sheep" first occurring and substituting
"animals";
(e) by omitting from paragraph (e)(ii) "cattle or
sheep shall" and substituting "animals are to".
Police Offences Act 1935 amended
15. Section 39A(1)(a) of the Police Offences Act 1935 is
amended by inserting ", unless the person is authorised
under that Act to receive or possess such a skin" after
"alteration".
Government Printer, Tasmania 15