Livestock Disease Control (Amendment) Regulations 2005

i Livestock Disease Control (Amendment) Regulations 2005 S.R. No. 159/2005 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 2 4. Definitions 2 5. Prescribed livestock to be identified 3 6. Tattoos and ear and tail tags 3 7. Substitution of regulation 9 4 9. Identification of livestock introduced into Victoria 4 8. Prescribed circumstances 4 9. Application of tattoos and application and removal of tags on sale and purchase 5 10. Substitution of regulation 13 6 13. Tags or devices to be returned where cattle or pigs no longer kept at property 6 11. Disclosure of identification information 6 12. Substitution of regulation 29 7 29. Identification of cows, goats, sheep or buffalo prohibited for dairying 7 13. Substitution of regulation 37AA 8 37AA. Definitions and interpretation 8 14. Records of sale 9 15. Records of purchase 9 16. Heading to Division 2 of Part 7A substituted 10 17. Substitution of regulation 37D 10 37D. Application of this Division 10 18. Substitution of regulation 37E 10 37E. Meaning of "movement information" 10 19. Substitution of regulations 37F, 37G, 37H and 37I and insertion of new regulations 37J, 37K and 37L 12 37F. Cattle scale operator to record movement information and forward it to Secretary 12 37G. Auctioneer of cattle not sold from saleyard to record movement information and forward it to Secretary 13 37H. Auctioneer of cattle at a saleyard to provide information to nominated person 15 -- 1 of 28 -- Regulation Page ii 37I. Saleyard operator to record movement information and forward it to Secretary 16 37J. Person dispatching cattle to provide property identification code 18 37K. Cattle manager to record movement information and forward it to Secretary 18 37L. Notification of incorrect sale information 19 20. Substitution of Schedule 3 20 SCHEDULE 3—Ear and Tail Tags for Cattle and Tattoo Brands for Pigs 20 ═══════════════ ENDNOTES 26 -- 2 of 28 -- 1 STATUTORY RULES 2005 S.R. No. 159/2005 Livestock Disease Control Act 1994 Livestock Disease Control (Amendment) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 13 December 2005 Responsible Minister: BOB CAMERON Minister for Agriculture RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Livestock Disease Control Regulations 1995— (a) to make further provision for the identification of livestock; and (b) to prescribe further classes of persons to whom records may be made available; and (c) to make further provision for the recording and forwarding of information in relation to the movement of permanently identified cattle; and (d) to make other miscellaneous amendments. 2. Authorising provision These Regulations are made under section 139 of the Livestock Disease Control Act 1994. -- 3 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 2 3. Principal Regulations In these Regulations, the Livestock Disease Control Regulations 19951 are called the Principal Regulations. 4. Definitions In regulation 5 of the Principal Regulations insert the following definitions— ' "approved NLIS device" means an NLIS device approved by the Secretary under section 9A of the Act for the permanent identification of cattle; "AQIS meat notice" means a notice issued by the Australian Quarantine Inspection Service of the Commonwealth in respect of cattle; "NLIS device" means a device for the permanent identification of cattle that— (a) contains a microchip, which is designed to record information that can be retrieved electronically; and (b) is capable of being permanently attached to or implanted in cattle; and (c) is made by a manufacturer under a licence granted by Meat and Livestock Australia Limited (ABN 39 081 678 364); "poultry" means domesticated fowl, duck, geese or turkey; r. 3 -- 4 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 3 "property identification code" means— (a) the property identification code or number issued by the Secretary under section 9B of the Act that identifies the property of birth of any cattle or prescribed livestock or any livestock of a prescribed species or class; or (b) the place where the cattle or livestock are to be kept;'. 5. Prescribed livestock to be identified (1) In regulation 7(2) of the Principal Regulations, for "number allocated by the Secretary" substitute "property identification code". (2) For regulation 7(3)(a) of the Principal Regulations substitute— "(a) the property identification code identifying the property at which the cattle were kept immediately before being dispatched, sold, transported, slaughtered or disposed of; and". (3) Regulation 7(4) of the Principal Regulations is revoked. (4) In regulation 7(5) of the Principal Regulations— (a) omit "cattle or" (wherever occurring); (b) for "property number allocated by the Secretary" substitute "property identification code". 6. Tattoos and ear and tail tags After regulation 8(1)(c) of the Principal Regulations insert— "(ca) cattle that are subject to chemical residue testing requirements under an AQIS meat notice, by means of a tail tag which is in the form of Part G of Schedule 3;". r. 5 -- 5 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 4 7. Substitution of regulation 9 For regulation 9 of the Principal Regulations substitute— "9. Identification of livestock introduced into Victoria (1) Cattle or pigs that are introduced from another State or a Territory must be identified— (a) in the case of cattle, by an NLIS device that identifies the property from which the cattle were dispatched in accordance with the laws of the State or the Territory from which the cattle originated; (b) in the case of pigs, by a tattoo or ear tag that identifies the property from which the pigs were dispatched in accordance with the laws of the State or the Territory from which the pigs originated. (2) Nothing in sub-regulation (1) applies to a person who introduces cattle or pigs into Victoria under and in accordance with the prior approval of the Secretary.". 8. Prescribed circumstances For regulation 11(a) of the Principal Regulations substitute— "(a) cattle before removal of the cattle from a property in Victoria;". r. 7 -- 6 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 5 9. Application of tattoos and application and removal of tags on sale and purchase (1) In regulation 12(1) of the Principal Regulations omit "cattle or" (wherever occurring). (2) For regulation 12(2) of the Principal Regulations substitute— "(2) A person who purchases cattle must, unless the cattle are dispatched directly from the place of purchase to a saleyard for sale or to an abattoir for slaughter or to a knackery for disposal, before dispatching the cattle from the property to which the cattle were taken immediately after purchase— (a) remove any tag used to identify the cattle in accordance with section 9 of the Act that was attached to the cattle at the time of purchase; and (b) if required by these Regulations, apply another tag in accordance with these Regulations. Penalty: 5 penalty units.". (3) For regulation 12(4) of the Principal Regulations substitute— "(4) Sub-regulation (2) does not apply in respect of an approved NLIS device attached to or implanted in cattle to permanently identify the cattle in accordance with section 9A of the Act.". (4) Regulation 12(5) of the Principal Regulations is revoked. r. 9 -- 7 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 6 10. Substitution of regulation 13 For regulation 13 of the Principal Regulations substitute— "13. Tags or devices to be returned where cattle or pigs no longer kept at property The owner of any cattle or pigs, in respect of which a property identification code has been allocated, who permanently ceases to keep the cattle or pigs on the property identified by the code must— (a) immediately notify the Secretary of that fact; and (b) return to the Secretary any unused approved NLIS devices, ear tags or tail tags in his or her possession that were to be used to identify the cattle or pigs in accordance with section 9 or 9A of the Act. Penalty: 5 penalty units.". 11. Disclosure of identification information In regulation 15B of the Principal Regulations— (a) for "number under section 9B of the Act and the code or number allocated under that section," substitute "code and the code allocated"; (b) in paragraph (f), for "device." substitute "device;"; (c) after paragraph (f) insert— "(g) a veterinary practitioner registered under the Veterinary Practice Act 1997; r. 10 -- 8 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 7 (h) an employee of Dairy Food Safety Victoria (established under the Dairy Act 2000); (i) an employee of PrimeSafe (established under the Meat Industry Act 1993); (j) a person who operates a livestock transport business; (k) a person who operates a dairy herd improvement centre; (l) a person who operates a business of scanning approved NLIS devices in Victoria; (m) an employee of VicRoads (within the meaning of the Transport Act 1983); (n) a member of staff of a Council within the meaning of the Local Government Act 1989; (o) a person producing fodder to be sold that is accompanied by a declaration stating the location at which the fodder was grown and its suitability for livestock use.". 12. Substitution of regulation 29 For regulation 29 of the Principal Regulations substitute— "29. Identification of cows, goats, sheep or buffalo prohibited for dairying For the purposes of section 45(1) of the Act, the prescribed manner of branding is by way of an ear tag in the form of Part F of Schedule 3.". r. 12 -- 9 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 8 13. Substitution of regulation 37AA For regulation 37AA of the Principal Regulations substitute— '37AA. Definitions and interpretation (1) In this Part— "cattle manager" in relation to a property means the person responsible for the husbandry of cattle at that property; "kept" in relation to a property at which livestock have been kept or are to be kept, includes the keeping of any livestock temporarily on a property; "vendor declaration" means a declaration made under section 18A of the Stock (Seller Liability and Declarations) Act 1993. (2) In this Part a "property identification code" in relation to livestock includes— (a) if the livestock— (i) were kept on a property in another State or a Territory before they were dispatched from that property; or (ii) are to be kept on a property in another State or a Territory after being introduced into that State or Territory— an identification code or number issued in accordance with a law of that other State or that Territory that corresponds with section 9B of the Act; and r. 13 -- 10 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 9 (b) if a property identification code has not been allocated by the Secretary under section 9B of the Act or in accordance with a corresponding law of another State or a Territory, the address of the property (not being a saleyard) on which the livestock were kept or are to be kept may be used.'. 14. Records of sale For regulation 37A(1)(b)(vii) of the Principal Regulations substitute— "(vii) in the case of cattle, the property identification code for the property where the cattle— (A) were kept before the sale (not being the saleyard where the cattle were sold); (B) are to be kept after the sale (if provided by the purchaser of the cattle).". 15. Records of purchase For regulation 37B(b)(ii) of the Principal Regulations substitute— "(ii) the property identification code for the property where the livestock are to be kept after the sale; (iii) whether the livestock are to be dispatched directly to an abattoir or knackery for slaughter or disposal within 7 days of their sale;". r. 14 -- 11 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 10 16. Heading to Division 2 of Part 7A substituted For the heading to Division 2 of Part 7A of the Principal Regulations substitute— "Division 2—Information about the Movement of Permanently Identified Cattle". 17. Substitution of regulation 37D For regulation 37D of the Principal Regulations substitute— "37D. Application of this Division (1) This Division applies to cattle identified by a device— (a) that is an approved NLIS device or an NLIS device used to identify cattle under a law of another State or a Territory that corresponds with section 9A of the Act; and (b) that contains a microchip from which information recorded on the microchip can be retrieved electronically. (2) This Division does not apply to cattle sold at a public auction conducted entirely by electronic means.". 18. Substitution of regulation 37E For regulation 37E of the Principal Regulations substitute— '37E. Meaning of "movement information" In this Division, "movement information", in relation to cattle referred to in regulation 37D(1) that are sold or passed in at a cattle scale operation or at a public auction or that are dispatched to a new property means— r. 16 -- 12 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 11 (a) the unique identification code and number incorporated in the microchip contained in the NLIS device used to identify the cattle; and (b) the serial number on any vendor declaration form accompanying the cattle if supplied to the person conducting the public auction or to the person carrying on business as a cattle scale operator or to the cattle manager of the new property (as the case requires); and (c) the date on which— (i) the cattle were sold or passed in at a cattle scale operation or public auction; or (ii) the cattle were introduced to a new property— as the case requires; and (d) the property identification code for the property at which the cattle were kept before being dispatched (not being a saleyard where the cattle were sold) if provided by the vendor of the cattle or the person dispatching the cattle; and (e) the property identification code— (i) if the cattle were sold at a cattle scale operation or public auction, for the property where the cattle are to be kept after being sold (if provided by the purchaser of the cattle); or r. 18 -- 13 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 12 (ii) if the cattle are passed in at a cattle scale operation or public auction, for the property where the cattle are to be kept after being passed in (if provided by the owner of the cattle); or (iii) in the circumstances referred to in regulation 37J, for the property on which the cattle have been introduced.'. 19. Substitution of regulations 37F, 37G, 37H and 37I and insertion of new regulations 37J, 37K and 37L For regulations 37F, 37G, 37H and 37I of the Principal Regulations substitute— "37F. Cattle scale operator to record movement information and forward it to Secretary A person who carries on business as a cattle scale operator— (a) must record the movement information for each head of cattle sold or passed in in the manner specified by the Secretary by notice published in the Government Gazette; and (b) if advised by the purchaser or owner of the cattle that the cattle are to be dispatched directly to an abattoir for slaughter or to a knackery for disposal within 7 days after being sold or passed in, must forward to the Secretary or a person nominated by the Secretary in the manner, or by the method of transmission, required by the Secretary by notice published in the Government Gazette— r. 19 -- 14 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 13 (i) the movement information (other than the property identification code of the property at which the cattle are to be kept after being sold or passed in) before the cattle leave the scale; and (ii) the property identification code of the property at which the cattle are to be kept after being sold or passed in (if provided by the purchaser or owner) by close of business on the next day after the cattle are sold or passed in; and (c) in any other case, forward to the Secretary or a person nominated by the Secretary the movement information by close of business the next day after the cattle are sold or passed in in the manner, or by the method of transmission, required by the Secretary by notice published in the Government Gazette. Penalty: 5 penalty units. 37G. Auctioneer of cattle not sold from saleyard to record movement information and forward it to Secretary A person who conducts a public auction of cattle, other than at a saleyard— (a) must record the movement information for each head of cattle sold or passed in at the auction in the manner specified by the Secretary by notice published in the Government Gazette; and r. 19 -- 15 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 14 (b) if advised by the purchaser or owner of the cattle that the cattle are to be dispatched directly to an abattoir for slaughter or to a knackery for disposal within 7 days after being sold or passed in, must forward to the Secretary or a person nominated by the Secretary in the manner, or the method of transmission, required by the Secretary by notice published in the Government Gazette— (i) the movement information (other than the property identification code of the property at which the cattle are to be kept after being sold or passed in) before the cattle leave the place of public auction; and (ii) the property identification code of the property at which the cattle are to be kept after being sold or passed in (if provided by the purchaser or owner) by close of business on the next day after the cattle are sold or passed in; and (c) in any other case, forward to the Secretary or a person nominated by the Secretary the movement information by close of business on the next day after the cattle are sold or passed in in the manner, or by the method of transmission, required by the Secretary by notice published in the Government Gazette. Penalty: 5 penalty units. r. 19 -- 16 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 15 37H. Auctioneer of cattle at a saleyard to provide information to nominated person A person who conducts a public auction of cattle at a saleyard must for each head of cattle sold or passed in at that auction provide to a person nominated by the Secretary in the manner, or by the method of transmission, required by the Secretary by notice published in the Government Gazette— (a) if advised by the purchaser or owner of the cattle that the cattle are to be dispatched directly from the saleyard to an abattoir for slaughter or to a knackery for disposal within 7 days after being sold or passed in— (i) advice that the cattle are to be dispatched directly from the saleyard to an abattoir for slaughter or to a knackery for disposal within 7 days after being sold or passed in; and (ii) the property identification code for the property where the cattle were kept before being sold or passed in (if provided by the vendor or the person who dispatched the cattle) and the serial number on any vendor declaration form accompanying the cattle, before the cattle are dispatched from that saleyard; and r. 19 -- 17 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 16 (iii) the property identification code of the property where the cattle are to be kept after the sale (if provided by the purchaser or owner of the cattle) by midday on the next day after the cattle are sold or passed in; and (b) in any other case— (i) the property identification code for the property where the cattle were kept before being sold or passed in (if provided by the vendor or the person who dispatched the cattle); and (ii) the serial number on any vendor declaration form accompanying the cattle; and (iii) the property identification code for the property where the cattle are to be kept after being sold or passed in (if provided by the purchaser or owner of the cattle)— by midday on the next day after the cattle are sold or passed in. Penalty: 5 penalty units. 37I. Saleyard operator to record movement information and forward it to Secretary A person who operates a saleyard at which cattle are sold or passed in must— (a) must record the movement information for each head of cattle sold or passed in at the auction in the manner specified by the Secretary by notice published in the Government Gazette; and r. 19 -- 18 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 17 (b) if advised by the purchaser, owner or auctioneer of the cattle that the cattle are to be dispatched directly to an abattoir for slaughter or to a knackery for disposal within 7 days after being sold or passed in, must forward to the Secretary or a person nominated by the Secretary in the manner, or by the method of transmission, required by the Secretary by notice published in the Government Gazette— (i) the movement information (other than the property identification code of the property at which the cattle are to be kept after being sold or passed in) before the cattle are dispatched from the saleyard; and (ii) the property identification code of the property at which the cattle are to be kept after being sold or passed in (if provided by the purchaser or owner of the cattle) by close of business on the next day after the cattle are sold or passed in; and (c) in any other case, forward to the Secretary or a person nominated by the Secretary the movement information by close of business on the next day after the cattle are sold or passed in in the manner, or by the method of transmission, required by the Secretary by notice published in the Government Gazette. Penalty: 5 penalty units. r. 19 -- 19 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 18 37J. Person dispatching cattle to provide property identification code (1) A person who dispatches cattle from a property, that are not cattle dispatched directly from a scale operation or a public auction conducted at that property, must provide the cattle manager on the next property at which the cattle are to be kept with the property identification code of the property at which the cattle were kept before being dispatched. Penalty: 5 penalty units. (2) Sub-regulation (1) does not apply— (a) to cattle dispatched for sale to a public auction or to a cattle scale operation; or (b) to cattle dispatched directly to an abattoir for slaughter or to a knackery for disposal; or (c) if the same person is the cattle manager for the cattle at both the property from which the cattle are dispatched and the property at which the cattle are to be kept. 37K. Cattle manager to record movement information and forward it to Secretary A cattle manager for a property, who introduces cattle onto that property that have not been dispatched directly from a scale operation or public auction conducted at the property from which the cattle were dispatched, must for each head of cattle so introduced— r. 19 -- 20 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 19 (a) record the movement information in the manner specified by the Secretary and published by notice in the Government Gazette; and (b) forward the movement information to the Secretary or a person nominated by the Secretary in the manner, or by the method of transmission, required by the Secretary by notice published in the Government Gazette— (i) if the cattle are to be removed from the property less than 7 days after being introduced to the property, before that removal; or (ii) in any other case, within 7 days after being introduced to the property. Penalty: 5 penalty units. 37L. Notification of incorrect sale information A person, who under these Regulations is required to forward information to the Secretary or a person nominated by the Secretary, must not forward any such information if he or she ought reasonably be aware that it is incorrect. Penalty: 5 penalty units.". r. 19 -- 21 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 20 20. Substitution of Schedule 3 For Schedule 3 to the Principal Regulations substitute— "SCHEDULE 3 Regulations 7, 8 and 29 EAR AND TAIL TAGS FOR CATTLE AND TATTOO BRANDS FOR PIGS PART A Regulation 8(1)(a), 8(1)(c) Tags for cattle which are more than 6 weeks of age (that are not introduced to Victoria from another State or Territory or subject to testing under an AQIS meat notice) 1. Ear-tags HGP Free 3ABCD123 SN Pink tag, black lettering or 3ABCD123 SN White, green, yellow or red tag, black lettering Where— 3ABCD123 is the property identification code issued to the cattle owner that identifies the property on which the cattle were born or are to be kept. SN is the serial number of the tag. r. 20 -- 22 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 21 2. Tail tags (a) for vinyl wrap around tail tags in the following form— (A) 3ABCD123 SN White or green tag Black lettering (B) 3ABCD123 HGP Free SN Pink tag Black lettering Where— 3ABCD123 is the property identification code issued to the cattle owner that identifies the property on which the cattle were born or are to be kept. SN is the serial number of the tag. (b) for plastic ratchet tail tags— SN 3ABCD123 White or green tag, black lettering or SN 3ABCD123 HGP Free Pink tag, black lettering Where— 3ABCD123 is the property identification code issued to the cattle owner that identifies the property on which the cattle were born or are to be kept. SN is the serial number of the tag. r. 20 -- 23 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 22 PART B Regulation 8(1)(b) Ear tags for cattle less than 6 weeks of age (not being introduced to Victoria from another State or Territory or subject to an AQIS meat notice) Ear tags for pigs less than 25 kilograms in weight (not being introduced to Victoria from another State or Territory) 1. Plastic tags in the following form for cattle less than 6 weeks of age. White tag Black lettering Where— 3ABCD123 is the property identification code issued to the cattle owner that identifies the property on which the cattle were born or are to be kept. SN is the serial number of the tag. 2. Plastic ear tags in the following form for pigs less than 25 kilograms in weight. White tag Black lettering Where— 3ABC is the property identification code issued to the pig owner that identifies the property on which the pigs were born or are to be kept. r. 20 -- 24 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 23 PART C Regulations 8(1)(d) and 8(4) Tattoo brands for pigs 3 A B C Where— 3ABC is the property identification code issued to the pig owner that identifies the property on which the pigs were born or are to be kept. The letters must be at least 20 mm high, 12 mm wide and 2⋅5 mm apart. The pins producing the tattoo must be tapered needles at least 6⋅8 mm long set so that the needles are no more than 2⋅5 mm between centres. PART D Regulation 8(2) Temporary ear tag for cattle less than 6 weeks of age and pigs less than 25 kilograms in weight Plastic ear tags in the following form— White tag Black lettering Where— V is for Victoria; * identifies the region of Victoria where the tag was applied; SN is the serial number of the tag. r. 20 -- 25 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 24 PART E Regulation 8(3) Temporary tail tag for cattle that are 6 weeks of age or more and have no tail tag or ear tag V SN αβ White tag Black lettering Where— V is for Victoria; SN is the serial number of the tag. αβ are letters signifying an inspectors district. PART F Regulation 29 Ear tag for cows, goats, sheep or buffalo prohibited from dairying MILKING PROHIBITED SN DO NOT REMOVE Red tag black lettering Where— SN is the serial number of the tag. PART G Regulation 8(1)(ca) Tail tag for cattle that are subject to testing under an AQIS meat notice 3ABCD123 SN Red with black writing r. 20 -- 26 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 25 Where— 3ABCD123 is the property identification code issued to the cattle owner that identifies the property on which the cattle were born or are to be kept. SN is the serial number of the tag. _________________". ═══════════════ r. 20 -- 27 of 28 -- S.R. No. 159/2005 Livestock Disease Control (Amendment) Regulations 2005 26 ENDNOTES 1 Reg. 3: S.R. No. 170/1995. Reprint No. 3 as at 26 February 2004. Reprinted to S.R. No. 1/2004 and subsequently extended in operation by S.R. No. 134/2005. Endnotes -- 28 of 28 --