Tasmanian Consolidated Acts

ANIMAL HEALTH ACT 1995 - SECT 52A

      (1) In this section –

"diseased area", in respect of a listed animal or animal product, means –

(a) a country, other than a country considered to be free; and

(b) a part of a country, other than a part of a country considered to be a free zone –

in accordance with the relevant Code with respect to –

(c) where that listed animal or animal product is an animal, animals of the same class as that animal; and

(d) where that listed animal or animal product is an animal product, animals of the same class as the animal from which that animal product was obtained; and

(e) the relevant listed animal disease;

"relevant Code" means the International Animal Health Code or International Aquatic Animal Health Code together with the World Animal Health, OIE Bulletin and Disease Information, all published by the Office International des Epizooties.

      (2) In the definition of "relevant Code" in subsection (1), a reference to a document is a reference to –

(a) that document whether published before or after the commencement of this section; and

(b) that document as amended from time to time; and

(c) any document, as amended from time to time, made in substitution for that document.

      (3) A person must not possess or have control of a listed animal or animal product that is infected with the relevant listed animal disease except as authorised and in accordance with a permit issued under subsection (5).

Penalty:

Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 12 months, or both.

      (4) For the purposes of subsection (3), a listed animal or animal product is taken to be infected with the relevant listed animal disease except where the person who possesses or has control of the listed animal or animal product –

(a) if the listed animal or animal product is a dead animal, establishes to the satisfaction of the Chief Veterinary Officer that that animal was not in any diseased area or otherwise exposed to the relevant listed animal disease at any time before its death; or

(b) if the listed animal or animal product is an animal product, establishes to the satisfaction of the Chief Veterinary Officer that the animal from which that animal product was obtained was not in any diseased area or otherwise exposed to the relevant listed animal disease at any time before its death; or

(c) establishes to the satisfaction of the Chief Veterinary Officer that –

(i) the animal that constitutes that listed animal or animal product; or

(ii) the animal from which the animal product that constitutes that listed animal or animal product was obtained; or

(iii) the animal product that constitutes that listed animal or animal product –

has been subjected to treatment specified in a notice under section 3(6) as being sufficient to ensure that the listed animal or animal product is not infected with the relevant listed animal disease.

      (5) The Chief Veterinary Officer may issue a permit authorising a person to have possession or control of a listed animal or animal product.