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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Livestock Disease Control (Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Exemptions by Order in Council 2
5. Identification of livestock 3
6. New section 9A substituted 3
9A. Permanent identification of livestock 3
7. Property identification numbers 5
8. Use of tags, marks, brands or identification devices 5
9. Entry of livestock in Victoria 6
10. Period of effect of orders declaring control areas 7
11. Controls on cattle and pigs on sewage land 7
12. Secretary's approval required for slaughter of cattle at an abattoir 8
13. New heading inserted in Part 6 9
14. Records of sales and purchases 9
15. New section 94B inserted 9
94B. Notification about livestock slaughter or disposal 9
16. New section 96B inserted 10
96B. Evidence of ownership of livestock 10
17. New section 115A inserted 11
115A. Identification notice 11
18. Infringement Notices 12
19. Regulations 12
ENDNOTES 14
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PARLIAMENT OF VICTORIA
Initiated in Assembly 10 October 2001
A BILL
to amend the Livestock Disease Control Act 1994 and for other
purposes.
Livestock Disease Control (Amendment)
Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Livestock Disease Control Act 1994 to provide
for the permanent identification of cattle and other
5 livestock and for other matters relating to the
monitoring and control of livestock diseases.
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2. Commencement
(1) Subject to this section, this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act, other than section 15,
5 has not come into operation before 1 July 2002, it
comes into operation on that day.
(3) If section 15 has not come into operation before
1 January 2005, it comes into operation on that
day.
10 3. Principal Act
See: In this Act, the Livestock Disease Control Act
Act No.
1994 is called the Principal Act.
115/1994.
Reprint No. 4
as at
1 July 2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Exemptions by Order in Council
After section 6(3) of the Principal Act insert--
15 "(3A) Without affecting sub-section (1) or (2), the
Governor in Council may make an Order
exempting, or exempting to the extent
specified in the Order, any livestock or class
or species of livestock or any person or class
20 of person that is specified in the Order from
all or any of the provisions of this Act or the
regulations.
(3B) An Order made under section (3A)--
(a) may specify the period during which
25 the Order is to remain in force;
(b) may provide that its operation is
unconditional or operates in
circumstances or conditions specified
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in the Order or is subject to any terms
and conditions that are specified in the
Order.".
5. Identification of livestock
5 In section 9 of the Principal Act--
(a) before "prescribed livestock" (wherever
occurring) insert "cattle or";
(b) for "the livestock" substitute "the cattle or
the livestock";
10 (c) after "identified" insert "in accordance with
section 9A and".
6. New section 9A substituted
For section 9A of the Principal Act substitute--
"9A. Permanent identification of livestock
15 (1) The owner of any cattle or prescribed
livestock or livestock of a prescribed species
or class must ensure that the cattle or
livestock is permanently tagged, marked,
branded or identified--
20 (a) in the circumstances set out in
section 9(a), (b), (c) or (d); or
(b) in any other prescribed
circumstances--
in the manner specified by the Secretary with
25 a tag, mark, brand or other device that--
(c) is approved by the Secretary; and
(d) has an identification code allocated by
the Secretary under section 9B
comprising a combination of letters or
30 numbers or both that identifies the
property of birth of the cattle or
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livestock or the property where the
cattle or livestock is kept; and
(e) has a number identifying the individual
cattle or livestock; and
5 (f) is manufactured or sold by a person
who is authorised to do so under
section 9C.
Penalty: 5 penalty units.
(2) If any cattle or prescribed livestock or
10 livestock of a prescribed species or class has
been tagged, marked, branded or identified
in accordance with sub-section (1), a person
must not remove that tag, mark, brand or
identification device from the cattle or
15 livestock or deface, obliterate or alter the tag,
mark, brand or identification device
except--
(a) in accordance with a direction of an
inspector; or
20 (b) if the tag is removed from the cattle or
livestock, or the mark, brand or
identification is defaced, obliterated or
altered, by a person working at an
abattoir or knackery where the cattle or
25 livestock is being slaughtered or
disposed of; or
(c) in accordance with the regulations.
Penalty: 5 penalty units.
(3) Without limiting sub-section (1), the
30 Secretary may require cattle or livestock or
any species or class of livestock to be
tagged, marked, branded or identified with a
device that contains an electronic microchip
that incorporates the identification code
35 allocated by the Secretary under section 9B
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and the number that identifies the individual
cattle or livestock.
(4) The Secretary must ensure that a notice is
published in the Government Gazette and in
5 a newspaper circulating generally throughout
Victoria specifying any requirements of the
Secretary for the purposes of this section.".
7. Property identification numbers
(1) In section 9B of the Principal Act, for sub-section
10 (1) substitute--
"(1) A person who owns any cattle or prescribed
livestock or any livestock of a prescribed
species or class must apply to the Secretary
for the allocation of a code that identifies the
15 property of birth of the cattle or livestock or
the place where the cattle or livestock is to
be kept.
Penalty: 5 penalty units.
(1A) The Secretary must determine at the time of
20 allocating a code whether the code identifies
the property of birth of the cattle or livestock
or the place where the cattle or livestock is to
be kept.".
(2) In section 9B(4) of the Principal Act, omit
25 "between 1 and 3 years".
8. Use of tags, marks, brands or identification devices
(1) In section 9C of the Principal Act--
(a) for "or branding" substitute ", branding or
identification";
30 (b) after "those purposes" insert "or that
contains a code allocated by the Secretary
under section 9B".
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(2) At the end of section 9C of the Principal Act
insert--
"(2) If a tag, mark, brand or other device intended
for identifying livestock for the purposes of
5 section 9 or 9A has been used to tag, mark or
brand or otherwise identify individual
livestock, a person must not use that tag,
mark, brand or other device to identify other
livestock unless the person is authorised for
10 the time being in writing by the Secretary to
do so.
Penalty: 5 penalty units.
(3) Sub-section (2) does not apply to a tag,
mark, brand or a device that does not
15 identify the individual livestock.".
9. Entry of livestock in Victoria
(1) In section 10 of the Principal Act, for sub-section
(1) substitute--
"(1) A person must not bring or cause or permit
20 or allow to be brought into Victoria any
diseased livestock or diseased livestock
product except in accordance with the prior
authority of the Secretary or a licence issued
by the Secretary.
25 Penalty: 120 penalty units or 12 months
imprisonment or both, in the case
of an exotic disease.
60 penalty units in the case of any
other disease.".
30 (2) After section 10(3) of the Principal Act insert--
"(4) The Secretary may--
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(a) in writing authorise the bringing into
Victoria of any diseased livestock or
diseased livestock product that is
specified in the authorisation;
5 (b) issue a licence authorising the bringing
into Victoria of diseased livestock or
diseased livestock products or a class of
diseased livestock or diseased livestock
product for the period specified in the
10 licence not exceeding 3 years and may
impose any conditions on the licence.".
10. Period of effect of orders declaring control areas
In section 29 of the Principal Act, for sub-section
(5) substitute--
15 "(5) An order declaring a control area has effect
for the period not exceeding 12 months that
the Minister specifies in the Order and may
be continued for any further period or
periods not exceeding 12 months that the
20 Minister determines by notice published in
the Government Gazette.".
11. Controls on cattle and pigs on sewage land
(1) In section 43(2) of the Principal Act, for "except
with the approval of the Secretary" substitute
25 "except in accordance with the approval of the
Secretary and the conditions (if any) attached to
that approval".
(2) After section 43(4) of the Principal Act insert--
"(5) The Secretary may grant an approval for the
30 purposes of sub-section (2) if satisfied that
the feeding of the crops or pasture is unlikely
to lead to the transmission of disease from
the livestock to humans and may impose any
conditions on that approval.
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(6) The Secretary must have regard to the
following matters before granting an
approval under sub-section (2)--
(a) the purpose or intended use of the cattle
5 or pigs to be fed the pasture or crops;
and
(b) whether the cattle or pigs will be
tagged, marked, branded or identified
in accordance with this Act before
10 being moved from the place where they
were fed the pasture or crops; and
(c) the measures taken, or to be taken, to
limit the movement of the cattle or
pigs; and
15 (d) the measures taken, or to be taken, to
limit the exposure of the cattle or pigs
to infection by zoonotic organisms.".
12. Secretary's approval required for slaughter of cattle at
an abattoir
20 (1) In section 44(1)(c) of the Principal Act, after
"1993" insert "in accordance with the approval of
the Secretary and the conditions (if any) attached
to that approval".
(2) After section 44(2) of the Principal Act insert--
25 "(3) The Secretary may grant an approval for the
purposes of sub-section (1)(c) if satisfied that
the removal of the cattle for immediate
slaughter at an abattoir is unlikely to lead to
the transmission of disease from the cattle to
30 humans and may impose any conditions on
that approval.
(4) The Secretary must have regard to the
following matters before granting an
approval under sub-section (3)--
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(a) whether the cattle have been or will be
tagged, marked, branded or identified
in accordance with this Act before
being moved from the place where they
5 were grazing; and
(b) the measures taken, or to be taken, to
limit the cattle's exposure to infection
by zoonotic organisms.".
13. New heading inserted in Part 6
10 For the heading to Part 6 substitute--
"PART 6--STAMP DUTY AND RECORDS".
14. Records of sales and purchases
(1) In section 94A(1) of the Principal Act for "sale of
that livestock" substitute "livestock sold".
15 (2) In section 94A(2) of the Principal Act--
(a) after "approved agent" insert "or a person
who carries on business as an abattoir
operator, knackery, saleyard operator, a
stock and station agent or any other
20 prescribed business that involves the
purchasing of livestock";
(b) omit "on the approved agent's own behalf";
(c) for "purchase of that livestock" substitute
"livestock purchased".
25 15. New section 94B inserted
After section 94A of the Principal Act insert--
"94B. Notification about livestock slaughter or
disposal
The operator of an abattoir or knackery
30 must--
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(a) at the time of the slaughter or disposal
of cattle or prescribed livestock at the
abattoir or knackery, make a record of
the slaughter or disposal that
5 includes--
(i) the date of the slaughter or
disposal;
(ii) details of the code allocated by the
Secretary under section 9B to the
10 cattle or prescribed livestock
slaughtered or disposed of;
(iii) details of the number identifying
the individual livestock;
(iv) any other prescribed information;
15 and
(b) within 7 days after the slaughter or
disposal or any lesser period specified
by the Secretary by notice published in
the Government Gazette, notify the
20 Secretary or a person nominated by the
Secretary by a method approved by the
Secretary of the details set out in
paragraph (a).
Penalty: 5 penalty units.".
25 16. New section 96B inserted
After section 96A of the Principal Act insert--
'96B. Evidence of ownership of livestock
A person ("the agent") must not sell
livestock prescribed for the purposes of
30 section 94B on behalf of another person
unless that other person is known to the
agent or has provided evidence to the agent
that the other person is the owner of the
livestock.
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Penalty: 5 penalty units.'.
17. New section 115A inserted
In Division 2 of Part 8 of the Principal Act, after
section 115 insert--
5 "115A. Identification notice
(1) An inspector who believes on reasonable
grounds that any livestock is infected with a
disease or that the livestock may become
infected with a disease, by notice in writing
10 to the owner or person in charge of the
livestock, may require that person to--
(a) tag or mark the livestock with
identification of the livestock and the
disease or suspected disease in the
15 manner specified by the inspector in the
notice; and
(b) ensure that the livestock remain tagged
and marked in that manner in the
circumstances specified by the
20 inspector in the notice.
(2) An inspector who believes on reasonable
grounds that any livestock should be tagged,
marked, branded or otherwise identified in
accordance with section 9 or 9A, by notice in
25 writing to the owner or person in charge of
the livestock, may require that person to--
(a) tag, mark, brand or identify the
livestock in the manner specified by the
inspector in the notice; and
30 (b) ensure that the livestock remain tagged,
marked, branded or identified in that
manner in the circumstances specified
by the inspector in the notice.
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(3) A person must not contravene any
provision of an identification notice under
sub-section (1).
Penalty: In the case of a notice with respect
5 to an exotic disease, 120 penalty
units.
In any other case, 60 penalty
units.
(4) A person must not contravene any
10 provision of an identification notice under
sub-section (2).
Penalty: 5 penalty units.".
18. Infringement Notices
In section 126 of the Principal Act--
15 (a) after "9B," insert "9C,";
(b) for "or 94A" substitute ", 94A, 94B or 96B".
19. Regulations
In section 139(1) of the Principal Act--
(a) in paragraph (ba), after "the livestock" insert
20 "or a device attached to or inserted in the
livestock";
(b) after paragraph (bb) insert--
"(bc) requiring and providing for--
(i) the recording of information in the
25 manner specified by the Secretary
about the movement of livestock
and the identification of the
livestock (including identification
required by section 9 or 9A); and
30 (ii) the forwarding of that information
to the Secretary or a person
nominated by the Secretary in the
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manner, or by the method of
transmission, required by the
Secretary;
(bd) prohibiting or regulating the destruction
5 or disposal of tags, marks, brands or
other devices for identifying livestock
for the purposes of section 9 or 9A;".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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