Victorian Consolidated Legislation
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LIVESTOCK DISEASE CONTROL ACT 1994
No. 115 of 1994
Version incorporating amendments as at 1 July 2009
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Objectives
5. Binding of Crown
6. Governor in Council may make Orders
PART 2-PROVISIONS APPLYING TO DISEASES
GENERALLY
Division 1-Responsibilities of owners and others
7. Notification of diseases
8. Isolation of livestock
9. Identification of livestock
9A. Permanent identification of livestock
9B. Property identification numbers
9C. Requirements for manufacturers of tags and devices
10. Entry of livestock etc.
11. Quarantine areas
12. Offences
Division 2-Controls over livestock
13. Isolation of livestock
14. Destruction or disposal of livestock
15. Destruction or disposal of diseased livestock
16. Testing for diseases
Division 3-Agreements and contracts
17. Agreements with owners of livestock
18. Contracts with veterinary practitioners
PART 3-EXOTIC DISEASES
Division 1-Preliminary
19. Application of this Part to land
20. Application of this Part to livestock
Division 2-Declared areas
21. Declaration of infected place
22. Declaration of infected vehicle
23. Notice of order declaring area or vehicle infected
24. Permit for entry or exit
25. Entry and exit points
26. Declaration of restricted area
27. Permits for activity in restricted area
28. Entry to and exit from restricted areas
29. Control area
30. Permit for activity in a control area
31. Further powers under Orders declaring restricted or control
areas
Division 3-Importation orders
32. Border security
33. Contravention of importation order
34. Notification of importation order
35. Duration of importation order
Division 4-Destruction orders
36. Destruction of buildings and vehicles
37. Notice of destruction order
38. Enforcement of destruction order
Division 5-Exotic disease agents
39. Possession or administration of exotic disease agents
Division 6-General
40. Other powers and liabilities not affected
PART 4-PROVISIONS FOR PARTICULAR LIVESTOCK
Division 1-Pigs
41. Swill feeding of pigs
Division 2-Sewage farm cattle and pigs
42. Definition and application
43. No cattle or pigs on sewage land
44. Sewerage authority may graze cattle
Division 3-Dairying animals
45. Prohibition of use of cow, goat, sheep or buffalo for dairying
Division 4-Repealed
46, 47. Repealed
Division 5-Bees
48. Registration of beekeepers
49. Annual fees
50. Hives to be marked with registered brand
51. Disposal and acquisition of hives
52. Exposure of bees to infected articles etc.
53. Access of bees to honey etc.
Division 6-Artificially bred livestock
54. Application of Division
55. Sale of semen prohibited except from approved sires
56. Sale of diseased semen prohibited
57. Premises for collection of semen to be licensed
58. Training courses about artificial breeding
PART 5-COMPENSATION
Division 1-Exotic diseases compensation
59. Exotic Diseases Fund
60. Payment out of Fund
61. Compensatable exotic diseases
62. Payment of compensation
63. Amount of compensation
64. Reduction of compensation
65. Review by Victorian Civil and Administrative Tribunal
Division 2-Bees compensation
66. Bees Compensation Fund
67. Payments out of the Fund
68. Compensatable disease
69. Compensation
70. Apicultural Industry Advisory Committee
Division 3-Cattle compensation
71. Cattle Compensation Fund
72. Payments out of the Fund
73. Compensatable diseases
74. Amount of compensation
75. Payment of compensation
76. No compensation payable
77. Compensation payable out of Fund
78. Sale of carcases etc.
79. Cattle Compensation Advisory Committee
Division 3A-Sheep and goat compensation
79A. Sheep and Goat Compensation Fund
79B. Payments out of the Fund
79C. Compensation payable for Johne's and declared diseases
79D. Amount of compensation
79E. Payment of compensation
79F. No compensation payable
79G. Compensation payable out of Fund
79H. Sale of carcases etc.
79HA. Interstate sheep producers may apply for payment from
fund in respect of duty paid
79HB. Secretary may grant or refuse application
79I. Sheep and Goat Compensation Advisory Committee
Division 4-Swine compensation
80. Swine Compensation Fund
81. Payments out of the Fund
82. Compensatable diseases
83. Payment of compensation
84. No compensation payable
85. Amount of compensation
86. Sale of carcases etc.
87. Swine Industry Projects Advisory Committee
Division 5-General
88. Claims for compensation
89. No compensation for loss of profit etc.
90. Valuation of livestock
91. False claims
PART 6-STAMP DUTY AND RECORDS
92. Payment of duty by owner of cattle, sheep, goats or pigs
93, 94. Repealed
94A. Records of sales and purchases
94B. Notification about livestock slaughter or disposal
95. Payment of duty by approved agents in respect to cattle
95A. Payment of duty by approved agents in respect to sheep and
goats
96. Offences
96A. Suspension of requirement to pay duty
96B. Evidence of ownership of livestock
PART 7-ADMINISTRATION
Division 1-Administration of licences, registrations etc.
97. Applications
98. Grant or refusal
99. Term of licence or registration
100. Cancellation or suspension
101. Reviews by Victorian Civil and Administrative Tribunal
Division 2-General
102. Delegations by Minister
103. Delegations by Secretary
104. Fees
105. Protection of control programs
106. Protection of persons assisting inspector
107. Non-compliance under order
107A. Information collection
107B. Records of notifications etc.
107C. Secrecy
PART 8-ENFORCEMENT
Division 1-Inspectors
108. Inspectors
Division 2-General powers of inspector
109. General powers of inspectors
110. Quarantine notice
111. Duration of notice
112. Offence
113. Disinfection notice
114. Offence
115. Treatment notice
115A. Identification notice
Division 3-Additional powers of inspectors for exotic diseases
115B. Inspectors powers in this Division are in addition to
general powers
116. Search and entry and other powers
117. Notice requesting assistance
118. Power to obtain information
119. Power of seizure and impoundment
120. Seized livestock and property
121. Powers of entry with warrant
Division 4-Additional powers with respect to bees
122. Inspector may order hives to be cleaned
123. Construction of hives
124. Direction to attend at hives
125. Abandoned hives
Division 5-Infringement notices
126. Power to serve a notice
127, 128. Repealed
129. Penalties to be paid for offences under infringement notices
130, 131. Repealed
Division 6-Provisions related to court proceedings
132. Power to file charges under this Act
132A. Time for filing certain charges under this Act
133. Service of documents
134. Persons liable for offences
Division 7-General
135. Suspicion of infection
136. Evidence of certain matters
137. Offences relating to enforcement
138. Supreme Court-limitation of jurisdiction
138A. Supreme Court-limitation of jurisdiction
PART 9-REGULATIONS
139. Regulations
PART 10-REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS
140-142. Repealed
143. Transitional provisions
144. Saving of records of cattle sales kept under Auction Sales Act 1958.
145. Transitional provision-Primary Industries Legislation Amendment Act 2008.
146. Transitional provision-Primary Industries Legislation Amendment Act 2008.
__________________
SCHEDULE 1-Membership and Procedure of Committees
1. Definition
2. Terms of appointment
3. Remuneration
4. Vacancies
5. Application of Public Administration Act 2004.
6. Validity of decisions
7. Proceedings of Committee
SCHEDULE 2-Repealed
SCHEDULE 3-Transitional Provisions
1. Former committee
2. Former Trust Fund
3. Licences, registrations and approvals
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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