Victorian Consolidated Legislation

STOCK (SELLER LIABILITY AND DECLARATIONS) ACT 1993

No. 113 of 1993
Version incorporating amendments as at 8 February 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Governor in Council may make orders

   PART 2-CONDITIONS OF SALE OF STOCK OR LIVESTOCK PRODUCTS

   5.      Stock sold must meet minimum requirements
   6.      Consequences of breaching a section 5 condition
   7.      Who owns stock that has been sold with a relevant disease or condition?
   8.      Buyer may renounce ownership of stock
   9.      Consequences of breaching a section 5 condition if carcass of stock partially condemned
   10.     Limitation of effect of section 5 special condition

   PART 3-DECLARATIONS BY SELLERS AS TO QUALITY
   OF STOCK OR LIVESTOCK PRODUCTS

   11.     Seller may make an ongoing declaration as to quality
   12.     Seller may make a one-off declaration as to quality
   13.     Consequences of breaching a declaration
   14.     Withdrawal of an ongoing declaration
   15.     Register of ongoing declarations
   16.     Registration of ongoing declarations
   17.     Secretary may suspend registration of ongoing declaration on certain grounds
   17A.    Secretary may cancel registration of suspended declaration if grounds remain
   18.     Register may be inspected
   18A.    Other declarations as to quality of stock

   PART 4-DISPUTES

   19.     Seller must presume certificates valid
   20.     Procedure if a seller wishes to dispute the accuracy of a certificate
   21.     Procedure if seller disputes the amount claimed by buyer
   22.     Defence to claim by buyer if amount claimed excessive

   PART 4A-REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

   22A.    Review by VCAT

   PART 5-ADMINISTRATIVE AND ENFORCEMENT PROVISIONS

   23.     Secretary may delegate powers and functions
   24.     Secretary may set fees
   25.     Appointment of inspectors
   26.     Power of inspectors to enter property to enforce this Act
   27.     Powers of person holding a warrant
   28.     Offences concerning the execution of warrants
   29.     Infringement notice
   32.     Only stock inspectors may bring prosecutions under this Act
           30, 31. Repealed

   PART 6-MISCELLANEOUS PROVISIONS

   33.     Certificates as to contents of register are evidence
   34.     How presence of disease or condition may be established
   35.     How cost of stock sold as part of a lot to be determined
   36.     Recovery of amounts owed
   37.     Rights conferred by this Act additional to other rights
   38.     Regulations
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           SCHEDULE-Offences for which Infringement Notices may be Issued
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details