Livestock Disease Control (Amendment) Regulations 2003

i Livestock Disease Control (Amendment) Regulations 2003 S.R. No. 37/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 2 4. Principal Regulations 2 5. Objectives amended 2 6. Definitions amended 2 7. Notification of livestock diseases 2 8. Identification of livestock 4 9. Tattoos and ear and tail tags 4 10. Regulation 10 revoked 4 11. Prescribed circumstances 4 12. Regulation 12(3) revoked 4 13. New regulations 15B and 15C inserted 5 15B. Disclosure of Identification Information 5 15C. Prescribed Acts 6 14. Regulation 16 revoked 6 15. Prohibition on the introduction of quarantined livestock 6 18. Prohibition on the introduction of livestock subject to quarantine or restrictions on movement 6 16. Restrictions on the introduction of bees, livestock product of bees and apiary fittings into Victoria 7 17. Standards for testing 7 18. Records to be kept in relation to laboratory examinations 7 19. Restrictions on the use of vaccines for certain diseases 7 20. Test for Pollorum disease 8 21. Time limits for applying for compensation 8 22. New regulations 37B and 37C inserted 9 37B. Records of purchase 9 37C. Notification about livestock slaughter or disposal 9 23. Livestock health within licensed premises 10 24. Regulation 44 revoked 10 25. Schedule 2 amended 10 -- 1 of 21 -- Regulation Page ii 26. New Schedule 3 substituted 11 SCHEDULE 3—Ear and Tail Tags for Cattle and Tattoo Brands for Pigs 11 27. Schedule 9 amended 15 28. New Schedule 10 inserted 16 SCHEDULE 10—Prescribed Acts of the Commonwealth and States and Territories of the Commonwealth 16 ═══════════════ ENDNOTES 19 -- 2 of 21 -- 1 STATUTORY RULES 2003 S.R. No. 37/2003 Livestock Disease Control Act 1994 Livestock Disease Control (Amendment) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 20 May 2003 Responsible Minister: BOB CAMERON Minister for Agriculture HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Livestock Disease Control Regulations 1995 (a) to prescribe information to be recorded and provided by abattoirs; (b) to prescribe the time and the particulars of notification for livestock disease; (c) to prescribe the persons, bodies or organisations to which the Secretary may release certain information; (d) to make other various amendments. 2. Authorising provision These Regulations are made under section 139 of the Livestock Disease Control Act 1994. -- 3 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 2 3. Commencement These Regulations come into operation on 23 May 2003. 4. Principal Regulations In these Regulations, the Livestock Disease Control Regulations 19951 are called the Principal Regulations. 5. Objectives amended In regulation 1 of the Principal Regulations, after "prevention" insert ", monitoring". 6. Definitions amended In regulation 5 of the Principal Regulations— (a) in the definition of "Government veterinary officer"— (i) for "surgeon" substitute "practitioner"; (ii) for "1989" substitute "1998"; (b) for the definition of "veterinary surgeon" substitute ' "veterinary practitioner" means a person registered as a veterinary practitioner under the Veterinary Practice Act 1997.'. 7. Notification of livestock diseases (1) In regulation 6(1)(b) of the Principal Regulations omit "in the form of Part C of Schedule 2". (2) After regulation 6(1) of the Principal Regulations insert "(1A) For the purposes of section 7(3) of the Act, in the case of a person who notifies the presence of a disease listed in Part B of Schedule 2 under sub-regulation (1)(b), the r. 3 -- 4 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 3 prescribed manner is a notification that contains the following particulars (a) the species of the livestock or the species from which the livestock product was derived; (b) the property identification number; (c) the disease suspected to be present; (d) the address or description of the location where the livestock, livestock product or hives were observed; (e) the date of onset of signs or symptoms; (f) the age of the livestock suspected to be affected by the disease; (g) whether specimens have or have not been submitted to a laboratory for the purpose of determining whether it is infected with any disease; (h) the name and address of the laboratory to which a specimen has been sent (if any); (i) name and address of the owner of the animal or hive (if known); (j) name, address, telephone number and signature of the person making the notification; (k) date of signing the notification.". (3) In regulation 6 of the Principal Regulations— (a) in sub-regulation (2)(b), for "surgeon" (where twice occurring) substitute "practitioner"; (b) in sub-regulation (3), for "surgeon" substitute "practitioner". r. 7 -- 5 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 4 8. Identification of livestock (1) In regulation 7(2) of the Principal Regulations, for "A pig must be identified with the" substitute "The prescribed manner of identification for the purposes of section 9 of the Act is, for a pig, by means of a". (2) For regulation 7(3) of the Principal Regulations substitute "(3) The prescribed manner of identification for the purposes of section 9 of the Act is, for cattle, by means of an ear tag or tail tag that sets out (a) the number allocated by the Secretary identifying the property at which the cattle were kept for 7 days before the application of the tag; and (b) the particulars required by this Part.". 9. Tattoos and ear and tail tags In regulation 8(1) of the Principal Regulations, for "Cattle" substitute "The prescribed manner of identification for the purposes of section 9 of the Act for cattle". 10. Regulation 10 revoked Regulation 10 of the Principal Regulations is revoked. 11. Prescribed circumstances In regulation 11(b) of the Principal Regulations, after "arriving at that property" insert "or, if moved within 30 days after arriving at that property, before removal from that property". 12. Regulation 12(3) revoked Regulation 12(3) of the Principal Regulations is revoked. r. 8 -- 6 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 5 13. New regulations 15B and 15C inserted After regulation 15A of the Principal Regulations insert— "15B. Disclosure of Identification Information For the purposes of section 107B(4)(a) of the Act, a record maintained by the Secretary under section 107B(1)(c) of the Act relating to an application for a property identification number under section 9B of the Act and the code or number allocated under that section, may be made available to the following persons (a) an employee, a director or a person appointed in writing by the directors of Meat & Livestock Australia Limited (ACN 081 678 364); (b) a person declared to be an approved agent under section 94 of the Act; (c) a member of staff of a municipal council responsible for the conduct or facilitation of livestock sales at a saleyard operated or managed by the council; (d) a person who operates a saleyard for the purpose of trading livestock or an employee of that person; (e) an operator of an abattoir or knackery licensed as a meat processing facility under the Meat Industry Act 1993 or a corresponding law of the Commonwealth and any employee of an operator nominated by the operator and notified in writing to the Secretary; r. 13 -- 7 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 6 (f) a person authorised under section 9C(1) of the Act to make or sell a tag or a marking, branding or identification device. 15C. Prescribed Acts For the purposes of section 107B(4)(b) of the Act, the Acts listed in Schedule 10 are the prescribed Acts of the Commonwealth or a State or Territory of the Commonwealth.". 14. Regulation 16 revoked Regulation 16 of the Principal Regulations is revoked. 15. Prohibition on the introduction of quarantined livestock For regulation 18 of the Principal Regulations substitute— "18. Prohibition on the introduction of livestock subject to quarantine or restrictions on movement A person must not, without the written approval of the Secretary, introduce, or cause to be introduced, into Victoria from any State or Territory livestock which are (a) from a quarantine area under the laws of that State or Territory; or (b) subject to restrictions on movement under the laws of that State or Territory.". r. 14 -- 8 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 7 16. Restrictions on the introduction of bees, livestock product of bees and apiary fittings into Victoria (1) For regulation 22(1)(a)(ii) of the Principal Regulations substitute "(ii) under the laws of the State or Territory of origin— (A) not in an area that is a declared quarantine area; and (B) not in an area in quarantine for a disease of bees; and (C) not in a declared prohibited zone;". (2) In regulation 22(3) of the Principal Regulations, for "territory" substitute "Territory". 17. Standards for testing In regulation 23 of the Principal Regulations, after "1993" insert "as amended and in force from time to time". 18. Records to be kept in relation to laboratory examinations In regulation 24(1)(d) of the Principal Regulations (a) omit "in the case of a sample or specimen from cattle or pigs,"; (b) for "the cattle or pigs" substitute "livestock, if any". 19. Restrictions on the use of vaccines for certain diseases (1) In regulation 26(1) of the Principal Regulations (a) in Column 3 of the Table, for "surgeon" (wherever occurring) substitute "practitioner"; r. 16 -- 9 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 8 (b) in Column 3 of the Table, in the item relating to "Johne's disease", after "inspector" insert "or a person authorised in writing by the Secretary to administer the vaccine"; (c) in Column 2 of the table, in the item relating to "Piroplasmosis", after "vaccination" insert "unless otherwise approved in writing by the Secretary"; (d) in Column 3 of the Table, in the item relating to "Piroplasmosis", after "inspector" insert "or a person authorised by the Secretary to administer the vaccine"; (e) in Column 3 of the Table, in the item relating to "Exotic disease", after "inspector" insert "or a person authorised in writing by the Secretary to administer the vaccine". (2) In regulation 26(3) of the Principal Regulations— (a) for "calves" (where twice occurring) substitute "livestock"; (b) for "in the right ear" substitute "in an ear, or in an alternative manner approved in writing by the Secretary". 20. Test for Pollorum disease In regulation 30(1)(b) of the Principal Regulations, after "1993" insert "as amended and in force from time to time". 21. Time limits for applying for compensation In regulation 34(b) of the Principal Regulations, after "bees" (where first occurring) insert ", sheep, goats". r. 20 -- 10 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 9 22. New regulations 37B and 37C inserted After regulation 37A of the Principal Regulations insert— '37B. Records of purchase For the purposes of section 94A(2) of the Act— (a) a prescribed business is a business that involves the purchase of livestock for a purpose other than immediate slaughter or disposal; (b) the prescribed particulars of a business referred to in paragraph (a) are (i) the name and address of the purchaser of livestock; (ii) the property identification number of the next property on which the cattle are to be kept. 37C. Notification about livestock slaughter or disposal For the purposes of section 94B(a)(iv) of the Act, the prescribed information in relation to individual cattle, other than calves which are less than 6 weeks of age, is— (a) the weight of the carcase prior to chilling and after bleeding, skinning, evisceration and trimming ("hot standard carcase weight"); or (b) the weight of the carcase immediately after slaughter prior to the evisceration and the removal of the hide ("slaughter weight").'. r. 22 -- 11 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 10 23. Livestock health within licensed premises In regulation 39 of the Principal Regulations, for "surgeon" substitute "practitioner". 24. Regulation 44 revoked Regulation 44 of the Principal Regulations is revoked. 25. Schedule 2 amended In Schedule 2 to the Principal Regulations— (a) in Part A, in Table 2 for "American foul brood disease Bee louse (Braula coeca)" substitute "American foul brood disease Small hive beetle (Aethina tumida) Braula fly (Braula coeca)"; (b) in Part B, in Table 1— (i) after "Bovine malignant catarrh" insert "Bovine malignant tumour of the eye over 2 cm in size"; (ii) omit "Malignant tumour"; (c) in Part B, in Table 3 (i) for "infection other than in goldfish" substitute "(atypical strains)"; (ii) for "Bonamiasis" substitute "Bonamiosis (Bonamia sp.)"; (d) Part C is revoked. r. 23 -- 12 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 11 26. New Schedule 3 substituted For Schedule 3 to the Principal Regulations substitute "SCHEDULE 3 Regulations 8 and 29 EAR AND TAIL TAGS FOR CATTLE AND TATTOO BRANDS FOR PIGS PART A Regulation 8(1)(a) Tags for cattle which are more than 6 weeks of age and which are not cattle introduced from another State or Territory 1. Ear-tags HGP Free 3 SN Pink tag, black lettering or 3 SN White, green, yellow or red tag, black lettering Where— 3 is the Victorian property identification number allocated by the Secretary under section 9B of the Act to the cattle owner. SN is the serial number of the tag. r. 26 -- 13 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 12 2. Tail tags (a) for vinyl wrap around tail tags in the following form— (A) 3 SN White or green tag Black lettering Red or green tag Black lettering (B) 3 HGP Free SN Pink tag Black lettering Where— 3 is the Victorian property identification number allocated by the Secretary under section 9B of the Act to the cattle owner. SN is the serial number of the tag. (b) for plastic ratchet tail tags— SN 3 White or green tag, black lettering or SN 3 HGP Free Pink tag, black lettering Where— 3 is the Victorian property identification number allocated by the Secretary under section 9B of the Act to the cattle owner. SN is the serial number of the tag. r. 26 -- 14 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 13 PART B Regulation 8(1)(b) Ear tags for cattle less than 6 weeks of age and pigs less than 25 kilograms in weight Plastic tags in the following form for cattle less than 6 weeks of age. White tag Black lettering Where— 3 is the Victorian property identification number allocated by the Secretary under section 9B of the Act to the cattle owner. SN is the serial number of the tag. Plastic ear tags in the following form for pigs less than 25 kilograms in weight. White tag Black lettering Where— 3ABC is the Victorian property identification number allocated by the Secretary under section 9B of the Act to the pig owner. PART C Regulation 8(1)(c) and regulation 8(4) Tattoo brands for pigs 3 A B C Where— 3ABC is the Victorian property identification number allocated by the Secretary under section 9B of the Act to the pig owner. r. 26 -- 15 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 14 The letters must be at least 20mm high, 12mm wide and 2⋅5mm apart. The pins producing the tattoo must be tapered needles at least 6⋅8mm long set so that the needles are no more than 2⋅5mm 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. PART E Regulation 8(3) Temporary tail tag for cattle that 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. r. 26 -- 16 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 15 PART F Section 45(1)(B) Regulation 29 Ear tag for cows, goats and sheep prohibited for dairying MILKING PROHIBITED SN DO NOT REMOVE Red tag black lettering Where— SN is the serial number of the tag. __________________". 27. Schedule 9 amended In Schedule 9 to the Principal Regulations— (a) for "Authorised Veterinary Surgeon" substitute "Authorised Veterinary Practitioner"; (b) for "surgeon" (wherever occurring) substitute "practitioner". r. 27 -- 17 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 16 28. New Schedule 10 inserted After Schedule 9 to the Principal Regulations insert "SCHEDULE 10 Regulation 15C PRESCRIBED ACTS OF THE COMMONWEALTH AND STATES AND TERRITORIES OF THE COMMONWEALTH Acts of the Commonwealth Agricultural and Veterinary Chemicals Act 1994 Export Control Act 1982 Quarantine Act 1908 Acts of the State of New South Wales Apiaries Act 1985 Exotic Disease of Animals Act 1991 Fisheries Management Act 1994 Pesticides Act 1999 Stock Diseases Act 1923 Stock Medicines Act 1989 Acts of the State of South Australia Agricultural and Veterinary Chemicals (South Australia) Act 1994 Agricultural Chemicals Act 1955 Fisheries Act 1982 Livestock Act 1997 Stock Foods Act 1941 Stock Medicines Act 1939 r. 28 -- 18 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 17 Acts of the State of Queensland Agricultural and Veterinary Chemicals (Queensland) Act 1994 Agricultural Chemicals Distribution Control Act 1966 Agricultural Standards Act 1994 Apiaries Act 1982 Chemical Usage (Agricultural and Veterinary) Control Act 1988 Exotic Diseases in Animals Act 1981 Fisheries Act 1994 Stock Act 1915 Acts of the State of Tasmania Agricultural and Veterinary Chemicals (Tasmania) Act 1994 Animal (Brands and Movement) Act 1984 Animal Health Act 1995 Acts of the State of Western Australia Aerial Spraying Control Act 1966 Agriculture and Related Resources Protection Act 1976 Agricultural and Veterinary Chemicals (Western Australia) Act 1995 Agricultural Produce (Chemical Residues) Act 1983 Beekeepers Act 1963 Cattle Industry Compensation Act 1965 Exotic Diseases of Animals Act 1993 Explosive and Dangerous Goods Act 1961 Health Act 1911 Pig Industry Compensation Act 1942 Poisons Act 1964 Stock Diseases (Regulations) Act 1968 r. 28 -- 19 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 18 Stock (Identification and Movement) Act 1970 Veterinary Preparations and Animal Feeding Stuffs Act 1976 Acts of the Northern Territory Agricultural and Veterinary Chemicals (Northern Territory) Act Fisheries Act Poisons and Dangerous Drugs Act Stock Diseases Act Territory Parks and Wildlife Conservation Act Acts of the Australian Capital Territory Animal Diseases Act 1993 Stock Act 1991 __________________". ═══════════════ r. 28 -- 20 of 21 -- S.R. No. 37/2003 Livestock Disease Control (Amendment) Regulations 2003 19 ENDNOTES 1 S.R. No. 170/1995. Reprint No. 2 as at 28 October 1999. Subsequently amended by S.R. Nos 81/2001 and 156/2001. Endnotes -- 21 of 21 --