Livestock Management Act 2010
i
Livestock Management Act 2010
No. 15 of 2010
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 1
3 Definitions 2
4 Application 5
5 Binding of Crown 6
PART 2—DUTIES CONCERNING LIVESTOCK
MANAGEMENT 7
6 Livestock operators must comply with prescribed livestock
management standards 7
7 Livestock operator must carry out systematic risk assessment 7
8 Content of systematic risk assessment 7
9 Minister may declare intention to prescribe standard 8
PART 3—COMPLIANCE ARRANGEMENTS 9
10 Exemption for approved compliance arrangements 9
11 Approval of compliance arrangement 9
12 Application to approve compliance arrangement 9
13 Content of compliance arrangement 10
14 Criteria for approval of compliance arrangement 10
15 Minister to issue letter of approval 11
16 Minister to provide reasons for not approving a compliance
arrangement 12
17 Compliance monitoring 12
18 Minister may amend conditions of approved compliance
arrangement by written notice 12
19 Audit of approved compliance arrangements 12
20 Revocation or suspension 13
21 Suspension of approval of accredited livestock operator 14
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Section Page
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PART 4—ADMINISTRATION 16
22 Delegations by Minister 16
23 Delegations by Secretary 16
24 Minister may approve forms 16
25 Minister may approve guidelines 16
26 Minister and Secretary to have regard to any guidelines 17
PART 5—ENFORCEMENT 18
Division 1—Inspectors 18
27 Inspectors 18
28 Inspector's identification certificate 18
29 Powers of inspectors 19
30 Powers of inspectors of livestock 19
Division 2-—Powers of entry 20
31 Power to enter and inspect with consent 20
32 Application for search warrants 21
33 Information to be included in a search warrant 22
34 Announcement before entry 23
35 Details of warrant to be given to occupier 23
36 Emergency powers 24
Division 3—Inspector's powers on entry 24
37 Application of Division 24
38 Power to search, inspect or examine 24
39 Powers regarding production of documents 25
40 Power to require information 25
41 Power to take samples 26
42 Power to take photographs, etc 26
Division 4—Further powers of inspectors 26
43 Power to stop and detain vehicles 26
44 Inspector may use assistants 26
45 Where occupier not present 27
Division 5—Notices to comply 27
46 Inspector may issue notice to comply 27
47 Content of notice to comply 28
48 Offence not to comply with notice to comply 29
49 Inspector may issue notice of suspension 29
Division 6—Offence 31
50 Offence to endanger people or animals or risk disease 31
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Section Page
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Division 7—Infringement notices 32
51 Power to serve a notice 32
52 Penalties to be paid for offences under infringement notices 32
Division 8—Provisions related to court proceedings 32
53 Power to file charges under this Act 32
54 Service of documents 32
55 Offences by bodies corporate 33
56 Conduct by officers, employees or agents of a body corporate 33
Division 9—General 34
57 Evidence of certain matters 34
58 Offences relating to enforcement 35
59 Livestock operators and employers responsible for the acts of
their employees and contractors 36
60 Evidence 36
61 Neglect to prosecute 36
62 Liability for offences 37
PART 6—GENERAL 38
63 Regulations 38
═══════════════
ENDNOTES 40
INDEX 41
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1
Livestock Management Act 2010 †
No. 15 of 2010
[Assented to 20 April 2010]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to regulate livestock
management in Victoria.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 January 2011, it comes into operation on that
day.
Victoria
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3 Definitions
In this Act—
accredited livestock operator means a livestock
operator that has been accredited by a
controlling authority to carry out livestock
management under an approved compliance
arrangement;
approved compliance arrangement means a
compliance arrangement in respect of
which—
(a) the Minister has granted an approval
under section 11; and
(b) the Minister has sent a letter of
approval under section 15; and
(c) the terms of the letter of approval have
been accepted by the controlling
authority under section 15(3);
compliance arrangement means—
(a) a quality assurance program; or
(b) an inspection and certification
arrangement;
controlling authority means a person or statutory
body that is responsible for a compliance
arrangement;
Department means the Department of Primary
Industries;
emergency, in relation to livestock management,
means an event or situation that threatens
animal welfare, human health or biosecurity;
s. 3
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inspection and certification arrangement means
an arrangement that—
(a) provides for inspection and
certification; and
(b) is prescribed, or of a class prescribed,
or meets the criteria prescribed, by the
regulations for the purposes of this Act;
inspector means—
(a) a person appointed as an inspector
under section 27; or
(b) an inspector of livestock within the
meaning of the Livestock Disease
Control Act 1994;
livestock means—
(a) any animal kept for the purposes of
primary production, including cattle,
sheep, pigs, poultry, ratites, buffalo,
camels, alpacas, goats and deer; or
(b) horses, including where used for
recreation; or
(c) any animals prescribed as livestock;
livestock management activity means any activity
that relates to the health, husbandry or
biosecurity of livestock during any stage of
the livestock's life, from birth to slaughter,
including the transport and holding of
livestock;
livestock management standard means—
(a) a standard published under section 9; or
(b) any other published standard relating to
the management of livestock;
s. 3
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livestock operator means—
(a) a person operating a business that
engages in a regulated livestock
management activity; or
(b) a person in charge of livestock;
notice of suspension means a notice issued under
section 21 or section 49;
notice to comply means a notice issued under
section 46;
officer—
(a) in relation to a body corporate which is
a corporation within the meaning of the
Corporations Act, has the same
meaning as officer of a corporation has
in section 9 of that Act; and
(b) in relation to a body corporate which is
not a corporation within the meaning of
that Act, means any person (by
whatever name called) who is
concerned in or takes part in the
management of the body corporate or is
an employee of the body corporate;
person includes a partnership and an
unincorporated body;
person in charge, in relation to livestock,
means—
(a) a person who has the livestock in the
person's possession or custody or under
the person's care, control or
supervision; or
(b) if a person referred to in paragraph (a)
is required to comply with a direction
of an owner of livestock, or an
s. 3
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employee or agent of the owner, the
owner, employee or agent;
place includes premises or a vehicle;
prescribed livestock management standard
means a livestock management standard
prescribed by the regulations;
regulated livestock management activity means
any livestock management activity to which
a prescribed livestock management standard
relates;
Secretary means the Secretary to the Department;
systematic risk assessment means a risk
assessment conducted under section 7.
4 Application
(1) Subject to this section, nothing in this Act affects
the operation of the following Acts, or anything
done or required to be done under those Acts—
(a) the Food Act 1984;
(b) the Prevention of Cruelty to Animals Act
1986;
(c) the Meat Industry Act 1993;
(d) the Impounding of Livestock Act 1994;
(e) the Livestock Disease Control Act 1994;
(f) the Catchment and Land Protection Act
1994;
(g) the Fisheries Act 1995;
(h) the Dairy Act 2000—
(the listed Acts).
(2) Where there is a conflict between the
requirements of a prescribed livestock
management standard and any requirement,
prescribed standard or applicable code under a
s. 4
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listed Act, compliance with the requirement,
prescribed standard or applicable code will be
taken to be compliance with the prescribed
livestock management standard.
(3) For the purposes of the Prevention of Cruelty to
Animals Act 1986, it is a defence to an offence
under that Act if the person was carrying out a
regulated livestock management activity and
acting in compliance with a prescribed livestock
management standard.
5 Binding of Crown
This Act binds the Crown in right of the State of
Victoria and, to the extent that the legislative
power of Parliament permits, the Crown in all its
other capacities.
__________________
s. 5
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PART 2—DUTIES CONCERNING LIVESTOCK
MANAGEMENT
6 Livestock operators must comply with prescribed
livestock management standards
A livestock operator must comply with all
applicable prescribed livestock management
standards when engaging in a regulated livestock
management activity.
7 Livestock operator must carry out systematic risk
assessment
(1) A livestock operator who carries out a regulated
livestock management activity must carry out a
systematic risk assessment of the livestock
management activity.
(2) The systematic risk assessment must be carried
out by the livestock operator within 6 months after
the later of the following to occur—
(a) the prescribed livestock management
standard that applies to the regulated
livestock management activity is prescribed;
or
(b) the livestock operator commences to carry
out the regulated livestock management
activity.
8 Content of systematic risk assessment
A systematic risk assessment of a regulated
livestock management activity must contain the
following—
(a) an assessment of the likely risks to animal
welfare and biosecurity arising from the
regulated livestock management activity; and
s. 6
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(b) details of control measures to ensure that—
(i) the prescribed livestock management
standard is and will be complied with;
and
(ii) the risks identified under paragraph (a)
are minimised.
9 Minister may declare intention to prescribe
standard
(1) The Minister may declare, by notice published in
the Government Gazette, an intention to prescribe
a livestock management standard.
(2) If the Minister publishes notice of a declaration
under subsection (1), the notice must contain a
copy of the livestock management standard that is
the subject of the declaration.
__________________
s. 9
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PART 3—COMPLIANCE ARRANGEMENTS
10 Exemption for approved compliance arrangements
Subject to this Act, a livestock operator who
carries out a regulated livestock management
activity under an approved compliance
arrangement is not required to comply with—
(a) section 7 or 8; or
(b) any provision under the regulations that
creates an offence for failing to comply with
a prescribed livestock management standard.
11 Approval of compliance arrangement
(1) The Minister, on the Minister's own initiative or
on the application of a controlling authority, may
approve a compliance arrangement in respect of a
regulated livestock management activity.
(2) Notice of an approval under subsection (1) must
be published in the Government Gazette.
12 Application to approve compliance arrangement
(1) A controlling authority may apply to the Minister
for approval of a compliance arrangement in
respect of a regulated livestock management
activity.
(2) An application under subsection (1) must be in the
approved form.
(3) The controlling authority must provide to the
Minister any further information about the
compliance arrangement that the Minister
requests.
s. 10
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13 Content of compliance arrangement
A compliance arrangement for a regulated
livestock management activity must contain the
following—
(a) a description of the quality assurance
program or inspection and certification
arrangement that constitutes the compliance
arrangement;
(b) an assessment of the likely risks to animal
welfare and biosecurity that are posed by the
relevant regulated livestock management
activity;
(c) strategies to ensure that the prescribed
livestock management standard is complied
with;
(d) a system for accrediting livestock operators
who are covered by the compliance
arrangement;
(e) verification arrangements designed so that a
controlling authority will ensure, as far as is
practicable, that the compliance arrangement
is complied with;
(f) any other prescribed measures are in place to
ensure that any other requirement, as
determined by the Minister under this Act is
complied with.
14 Criteria for approval of compliance arrangement
The Minister must not approve a compliance
arrangement under section 11 unless the Minister
is satisfied that—
(a) the compliance arrangement contains the
details required by section 13; and
s. 13
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(b) the compliance arrangement will ensure that
the prescribed livestock management
standards will be complied with.
15 Minister to issue letter of approval
(1) On the Minister granting an approval under
section 11, the Secretary must issue to the
controlling authority a letter of approval.
(2) A letter of approval issued under subsection (1)
must contain the following—
(a) the terms of approval of the compliance
arrangement;
(b) any specific actions that are required under
the compliance arrangement;
(c) any monitoring and reporting requirements
in respect of the compliance arrangement;
(d) details of the acts or omissions that will
constitute major non-conformance by the
controlling authority with the compliance
arrangement;
(e) details of the effect of non-compliance with
the compliance arrangement;
(f) any requirements regarding the system by
which livestock operators will be accredited
to operate under the approved compliance
arrangement;
(g) any requirements for the manner in which
the controlling authority is to communicate
with and report to the Department regarding
the compliance arrangement;
(h) in relation to a regulated livestock
management activity, any details of the acts
or omissions that may result in a notice of
suspension.
s. 15
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(3) Within 21 days of receiving a letter of approval, a
controlling authority must give written notice to
the Secretary as to whether it accepts the terms of
the letter of approval.
(4) An approved compliance arrangement may
contain any other provision agreed between the
Minister and the controlling authority.
16 Minister to provide reasons for not approving a
compliance arrangement
If the Minister refuses an application for approval
of a compliance arrangement, the Minister must
give written notice to the controlling authority of
the decision setting out reasons for the decision.
17 Compliance monitoring
The Secretary must keep under regular review the
extent of compliance with the terms of each
approved compliance arrangement.
18 Minister may amend conditions of approved
compliance arrangement by written notice
(1) The Minister may, by written notice to a
controlling authority, impose further conditions on
an approved compliance arrangement.
(2) A condition imposed under subsection (1) has
effect from the date specified in the notice.
(3) Within 21 days of receiving notice of a condition
under this section, a controlling authority must
give written notice to the Secretary as to whether
it accepts the condition.
19 Audit of approved compliance arrangements
(1) The Minister may require any controlling
authority that is a party to an approved
compliance arrangement to have the approved
compliance arrangement audited for the purpose
of determining whether the arrangement—
s. 16
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(a) has been complied with during the period
covered by the audit; and
(b) is still adequate at the date of the audit.
(2) A requirement under subsection (1)—
(a) must be made in writing; and
(b) may be made on a one-off basis or may
require an audit to be performed annually or
at any other specified frequency; and
(c) must specify the minimum qualifications or
experience that must be held by the person
who is to conduct the audit; and
(d) may impose restrictions relating to the
suitability of persons to conduct the audit;
and
(e) must specify by when, how and by whom the
results of the audit are to be reported to the
Department.
(3) The Minister may vary any requirement under this
section at any time by giving the controlling
authority written notice of the variation.
20 Revocation or suspension
(1) The Minister may revoke or suspend the approval
of a compliance arrangement if the Minister
considers that—
(a) there has been a failure to comply with the
approved compliance arrangement and the
failure is so serious that it cannot be dealt
with by increased monitoring requirements
under the arrangement; or
(b) a controlling authority has committed an act
or omission that constitutes a major non-
conformance with the approved compliance
arrangement that was specified in the letter
of approval; or
s. 20
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(c) a controlling authority has not accepted a
condition imposed by the Minister under
section 18 within the time specified in
section 18(3); or
(d) there has been a failure to comply with any
other requirement of the letter of approval.
(2) If the Minister makes a decision under subsection
(1), the Minister must give the controlling
authority a written notice of the decision—
(a) setting out the reasons for the decision; and
(b) if the approval is suspended, setting out the
period of suspension.
(3) A compliance arrangement ceases to be an
approved compliance arrangement—
(a) if the approval is revoked; or
(b) for the period that the approved compliance
arrangement is suspended.
(4) The Minister may at any time revoke the
suspension of an approval by giving written notice
of revocation to the controlling authority.
21 Suspension of approval of accredited livestock
operator
(1) The Minister may at any time suspend an
approved compliance arrangement, to the extent
that it applies to an accredited livestock operator,
if the Minister is satisfied on reasonable grounds
that a ground for suspension exists.
(2) For the purposes of subsection (1), the grounds for
suspension are—
(a) that the operator has committed an act or
omission that was specified in the letter of
approval relating to the approved compliance
arrangement as being one which may give
rise to a declaration under this section; or
s. 21
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(b) that the operator has committed an offence
against this Act; or
(c) that the operator has committed an act or
omission that, but for section 10, would be
an offence under the regulations.
(3) The Minister must give written notice of a
suspension under subsection (1) to—
(a) the person who is the subject of the
suspension; and
(b) the controlling authority that is a party to the
approved compliance arrangement.
(4) A notice under subsection (3) must state—
(a) the date on which the suspension takes
effect; and
(b) the period of time of the suspension.
(5) For the purposes of this Act, a person is taken not
to be operating under an approved compliance
arrangement in relation to a prescribed livestock
management standard to which the compliance
arrangement relates during the period of the
suspension.
__________________
s. 21
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PART 4—ADMINISTRATION
22 Delegations by Minister
The Minister may, by instrument, delegate to any
person or class of persons employed in the
administration of this Act any power of the
Minister under this Act other than this power of
delegation.
23 Delegations by Secretary
The Secretary may, by instrument, delegate to any
person or class of persons employed in the
administration of this Act any power of the
Secretary under this Act other than this power of
delegation.
24 Minister may approve forms
The Minister may, by notice published in the
Government Gazette, approve any forms that the
Minister considers necessary for the purposes of
this Act or the regulations.
25 Minister may approve guidelines
(1) The Minister may, by notice published in the
Government Gazette, approve guidelines relating
to any requirement of this Act or the regulations.
(2) Without limiting subsection (1), the Minister may
approve guidelines in relation to—
(a) the approval and administration of
compliance arrangements;
(b) measures a person may take to comply with
prescribed livestock management standards;
(c) compliance by a person who is not an
accredited livestock operator and monitoring
of the person in relation to a regulated
livestock management activity.
s. 22
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26 Minister and Secretary to have regard to any
guidelines
The Minister and Secretary, when making a
decision under this Act, must have regard to any
relevant guidelines approved under section 25.
__________________
s. 26
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PART 5—ENFORCEMENT
Division 1—Inspectors
27 Inspectors
(1) The Secretary may, by instrument, appoint an
appropriately qualified person or person in a class
of persons employed under Part 3 of the Public
Administration Act 2004 to be an inspector for
the purposes of this Act.
(2) An appointment under subsection (1) remains in
force for a period, not exceeding 3 years, that is
specified in the instrument of appointment.
(3) The Secretary may determine the terms and
conditions of appointment of inspectors.
(4) The instrument of appointment must specify—
(a) the provisions of this Act in relation to which
the inspector is appointed; and
(b) the types of livestock in respect of which the
inspector is appointed.
(5) The Secretary may, in writing, revoke the
appointment of an inspector at any time.
(6) The terms and conditions of appointment may
contain general directions as to how the
inspector's powers may be exercised.
28 Inspector's identification certificate
(1) The Secretary must issue an identification
certificate to each inspector under this Act which
sets out the provisions of this Act and the
purposes for which the inspector is appointed.
s. 27
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(2) An inspector must produce the inspector's
identification certificate—
(a) before the inspector exercises any power
under or for the purposes of this Act; and
(b) to any person in charge or apparent control
of the place or thing under investigation who
requests its production.
29 Powers of inspectors
(1) An inspector has the powers, functions and duties
conferred or imposed on the inspector by or under
this Act.
(2) An inspector may exercise any powers under this
Part for the purposes of determining whether this
Act, the regulations or a prescribed livestock
management standard is being or has been
complied with.
30 Powers of inspectors of livestock
(1) An inspector who is also an inspector of livestock
within the meaning of the Livestock Disease
Control Act 1994 may exercise any powers of an
inspector granted under that Act for the purpose of
determining whether this Act, the regulations or a
prescribed livestock management standard is
being or has been complied with.
(2) An inspector who is both an inspector of livestock
within the meaning of the Livestock Disease
Control Act 1994 and a general inspector within
the meaning of the Prevention of Cruelty to
Animals Act 1986 may exercise any powers of an
inspector granted under the Prevention of
Cruelty to Animals Act 1986 for the purpose of
determining whether this Act, the regulations or a
prescribed livestock management standard is
being or has been complied with.
s. 29
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Division 2-—Powers of entry
31 Power to enter and inspect with consent
(1) If an inspector reasonably believes that any
provision of this Act, the regulations or a
prescribed livestock management standard has not
been or is not being complied with in respect of a
place, the inspector may, at a reasonable time,
enter and search the place with the consent of an
occupier of the place.
(2) An inspector must not enter and search any place
under this section unless, before the occupier
consents to that entry, the inspector has informed
the occupier—
(a) of the purpose of the search; and
(b) that the occupier may refuse to give consent
to the entry and search; and
(c) that the occupier may refuse to consent to the
taking of any sample of livestock, a livestock
product or fodder during the search; and
(d) that the occupier may refuse to allow an
examination of livestock, livestock product,
equipment, machinery or facility during the
search; and
(e) that the occupier may refuse to answer
questions during the search; and
(f) that the occupier may refuse to give consent
to the taking of photographs (including video
recordings) of a thing or things of a
particular kind; and
(g) that any sample of a thing taken during the
search with the consent of the occupier may
be used in evidence in proceedings.
s. 31
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(3) If an occupier consents to the taking of a sample
during a search under this section, the inspector
must, before taking the sample, ask the occupier
to sign an acknowledgment stating—
(a) that the occupier has consented to the taking
of the sample; and
(b) the date and time that the occupier
consented.
(4) An occupier who signs an acknowledgment must
be given a copy of the signed acknowledgment
before the inspector leaves the place.
(5) This section does not limit any other power that an
inspector may have to enter a place under this Act
or any other Act.
32 Application for search warrants
(1) This section applies if an inspector believes on
reasonable grounds that—
(a) a person or persons in connection with a
place may have contravened this Act, the
regulations or a prescribed livestock
management standard; and
(b) the inspector has been, or is likely to be,
refused entry to that place.
(2) An inspector, with the written approval of the
Secretary, may apply to a magistrate for the issue
of a search warrant in relation to a specified place.
(3) If a magistrate is satisfied, by the evidence, on
oath or by affidavit, of the inspector that there are
reasonable grounds to believe that—
(a) it is reasonably necessary that the inspector
should have access to the place for the
purpose of exercising the inspector's powers
or performing the inspector's functions under
this Act; and
s. 32
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(b) a contravention of this Act, the regulations or
a prescribed livestock management standard
has been or is suspected to have been
committed, or is being or is likely to be
committed within 72 hours—
the magistrate may issue a search warrant, in
accordance with the Magistrates' Court Act
1989, authorising an inspector named in the
warrant, together with any other person or persons
named or otherwise identified in the warrant and
with any necessary equipment—
(c) to enter the place specified in the warrant, by
force if necessary; and
(d) to exercise all or any of the powers set out in
Division 3.
33 Information to be included in a search warrant
(1) A search warrant issued under this Division must
state—
(a) the purpose for which the search is required
and the nature of the alleged contravention;
and
(b) any conditions to which the warrant is
subject; and
(c) whether entry is authorised to be made at any
time of the day or night or during stated
hours of the day or night; and
(d) a day, not later than 28 days after the issue of
the warrant, on which the warrant ceases to
have effect.
s. 33
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(2) Except as provided by this Act, the rules to be
observed with respect to search warrants under the
Magistrates' Court Act 1989 extend and apply to
warrants under this Part.
34 Announcement before entry
(1) On executing a search warrant, the inspector
executing the warrant—
(a) must announce that the inspector is
authorised by the warrant to enter the place;
and
(b) if the inspector has been unable to obtain
unforced entry, must give any person at the
premises an opportunity to allow entry to the
place.
(2) An inspector need not comply with subsection (1)
if the inspector believes, on reasonable grounds,
that immediate entry to the place or vehicle is
required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
35 Details of warrant to be given to occupier
(1) If the occupier is present at a place where a search
warrant is being executed, the inspector must—
(a) identify himself or herself to the occupier;
and
(b) give a copy of the warrant to the occupier.
(2) If the occupier is not present at a place where a
search warrant is being executed, the inspector
must—
s. 34
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(a) identify himself or herself to any person at
the premises; and
(b) give to the person a copy of the warrant.
36 Emergency powers
(1) This section applies if an inspector reasonably
believes, in relation to a place, that there has been
a contravention of this Act or the regulations
which has resulted or is likely to result in an
emergency.
(2) An inspector may enter any place and exercise the
powers set out in Division 3 without the consent
of the occupier or a search warrant.
Division 3—Inspector's powers on entry
37 Application of Division
(1) This Division applies if an inspector has entered a
place or vehicle under Division 2.
(2) An inspector must exercise the powers under this
Division—
(a) at a reasonable time; and
(b) for no longer than necessary.
(3) If an inspector enters a place under section 31, the
exercise of any power under this Division is
subject to any refusal of consent under section 31.
38 Power to search, inspect or examine
An inspector may search, inspect or examine—
(a) any premises that the inspector reasonably
believes is or was used in connection with a
regulated livestock management activity; or
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(b) any livestock, livestock product, equipment,
machinery, item of plant or facility that the
inspector reasonably believes is or was used
in connection with a regulated livestock
management activity; or
(c) any vehicle that the inspector reasonably
believes is or was used in connection with a
regulated livestock management activity.
39 Powers regarding production of documents
(1) An inspector may require a person to produce any
document that is required by or under this Act and
any other document that the inspector reasonably
requires and—
(a) examine that document; or
(b) make copies of it or take extracts from it; or
(c) remove the document for as long as is
reasonably necessary to make copies or take
extracts.
(2) If an inspector retains possession of a document
seized from a person pursuant to a search warrant
under section 32 or seized in accordance with this
Division, the inspector must give the person,
within 21 days of the seizure, a copy of the
document certified as correct by the inspector.
40 Power to require information
An inspector may require a person—
(a) to answer a question to the best of that
person's knowledge, information and belief;
or
(b) to take reasonable steps to provide
information.
s. 39
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41 Power to take samples
(1) An inspector may take and remove for
examination samples of or from any livestock,
livestock product or fodder.
(2) An inspector may submit any sample taken in
accordance with this Act to a laboratory or place
approved by the Secretary for examination.
(3) In this section, fodder has the same meaning as in
the Livestock Disease Control Act 1994.
42 Power to take photographs, etc
An inspector may take photographs or
measurements or make sketches or recordings.
Division 4—Further powers of inspectors
43 Power to stop and detain vehicles
(1) If an inspector reasonably believes that a vehicle
is or was being used for a regulated livestock
management activity, an inspector may—
(a) stop and detain any vehicle; or
(b) direct any person in charge of or apparently
in charge of the vehicle to proceed to a
specified place and stop.
(2) Before giving a direction under subsection (1)(b),
an inspector must inform the person that the
inspector reasonably believes that the vehicle is or
was being used for a regulated livestock
management activity.
44 Inspector may use assistants
An inspector may, in performing any function
under this Act, request the assistance of any
person, including a member of the police force, to
perform that function.
s. 41
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45 Where occupier not present
(1) If an inspector exercises a power under Division 2
or 3 at a place and the occupier of the place is not
present, the inspector must, before leaving the
place, leave a notice of entry.
(2) A notice given under subsection (1) must contain
the following details—
(a) the time of entry;
(b) the purpose of the entry;
(c) a description of all things done by the
inspector while in the place;
(d) the time of departure;
(e) the procedure for contacting the inspector for
further details of the entry.
Division 5—Notices to comply
46 Inspector may issue notice to comply
(1) This section applies if an inspector reasonably
believes that a person has contravened, or failed to
comply with—
(a) a prescribed livestock management standard;
or
(b) section 7 or 8; or
(c) in the case of an accredited livestock
operator, an approved compliance
arrangement.
(2) An inspector may issue a notice to comply to the
person.
s. 45
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47 Content of notice to comply
(1) A notice to comply must include the following
details—
(a) the prescribed livestock management
standard, section of this Act, approved
compliance arrangement or requirement set
out in a letter of approval that is reasonably
believed to have been contravened or not
complied with;
(b) the action that the person must undertake in
relation to the contravention or non-
compliance;
(c) the time within which the required action
must be taken.
(2) Without limiting subsection (1), a notice to
comply may include directions to do any or all of
the following—
(a) improve the condition of specified premises,
facilities, equipment or a vehicle to the
degree required by a prescribed livestock
management standard;
(b) replace specified facilities, equipment or a
vehicle that may not comply with a
prescribed livestock management standard;
(c) perform any other action to ensure
compliance with this Act, the regulations, an
approved compliance arrangement, the
requirements of a letter of approval or a
prescribed livestock management standard.
s. 47
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48 Offence not to comply with notice to comply
(1) A person must not, without reasonable excuse,
knowingly, negligently or recklessly fail to
comply, within the time specified in the notice,
with a notice to comply that is issued to the person
for a breach of section 7.
Penalty: 10 penalty units.
(2) A person must not, without reasonable excuse,
knowingly, negligently or recklessly fail to
comply, within the time specified in the notice,
with a notice to comply that is issued to the person
for a contravention of or failure to comply with a
provision of this Act (other than section 7), the
regulations or a prescribed livestock management
standard.
Penalty: in the case of a natural person,
60 penalty units;
in the case of a body corporate,
300 penalty units.
(3) An accredited livestock operator operating under
an approved compliance arrangement is not liable
to be prosecuted for an offence under this section
unless the approved compliance arrangement is
suspended in respect of that operator under
section 21 or 49.
49 Inspector may issue notice of suspension
(1) This section applies if—
(a) an inspector reasonably believes that—
(i) a livestock operator is operating under
an approved compliance arrangement
and has contravened, or failed to
comply with, a notice to comply issued
under section 46; or
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(ii) a livestock operator is operating under
an approved compliance arrangement
and has committed an act or omission
that was specified in the letter of
approval relating to the approved
compliance arrangement as being one
which may result in a notice of
suspension; or
(iii) a livestock operator has committed an
offence against this Act or the
regulations; or
(b) a livestock operator has failed to comply
with a prescribed livestock management
standard and has failed to provide, on request
by an inspector, sufficient information to
satisfy the inspector that the livestock
operator is operating under an approved
compliance arrangement.
(2) An inspector may issue a notice of suspension to
the livestock operator.
(3) A notice of suspension must state—
(a) the date on which the suspension takes
effect; and
(b) the period of time of the suspension.
(4) An inspector must forward a copy of a notice of
suspension to the controlling authority that is a
party to the approved compliance arrangement to
which the notice relates.
(5) For the purposes of this Act, a livestock operator
to whom a notice of suspension has been given
under section 21 is taken not to be operating under
an approved compliance arrangement in relation
to a prescribed livestock management standard to
which the approved compliance arrangement
relates during the period set out in the notice of
suspension.
s. 49
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Division 6—Offence
50 Offence to endanger people or animals or risk
disease
(1) A person who engages in a regulated livestock
management activity must not knowingly,
negligently or recklessly act or fail to act in a
manner that results in serious risk—
(a) to human health;
(b) to animal welfare; or
(c) to bisoecurity; or
(d) of spreading disease.
Penalty: in the case of a natural person,
60 penalty units;
in the case of a body corporate,
300 penalty units.
(2) A person does not commit an offence under
subsection (1) if the person was—
(a) acting reasonably in good faith; or
(b) acting reasonably in the public interest.
(3) An accredited livestock operator is not liable to be
prosecuted for an offence under this section if the
act or omission occurred in the course of
operating under an approved compliance
arrangement unless the approved compliance
arrangement is suspended in respect of that
operator under section 21 or 49.
s. 50
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Division 7—Infringement notices
51 Power to serve a notice
(1) If an inspector has reason to believe that a person
has committed an offence against the regulations,
the inspector may serve an infringement notice on
that person.
(2) An offence referred to in subsection (1) for which
an infringement notice may be served is an
infringement offence within the meaning of the
Infringements Act 2006.
52 Penalties to be paid for offences under infringement
notices
The penalty for an offence for which an
infringement notice has been issued is the penalty
prescribed by the regulations, which must not
exceed 5 penalty units.
Division 8—Provisions related to court proceedings
53 Power to file charges under this Act
A charge-sheet for an offence under this Act or
the regulations may only be filed by—
(a) a member of the police force; or
(b) an inspector.
54 Service of documents
Except where otherwise provided for in this Act, a
notice (other than an infringement notice) or other
document authorised or required by this Act to be
served on or given to a person is to be taken to
have been served on or given to that person—
(a) if it is delivered to the person personally; or
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(b) if it is left at the address of the person's last
known residence or business premises with a
person apparently over 16 years of age and
apparently residing or employed there; or
(c) if it is sent to the person by post.
55 Offences by bodies corporate
(1) If a body corporate contravenes any provision of
this Act or the regulations, each officer of the
body corporate is taken to have contravened the
same provision if the officer knowingly authorised
or permitted the contravention.
(2) A person may be proceeded against and convicted
under a provision in accordance with subsection
(1) whether or not the body corporate has been
proceeded against under that provision.
(3) Nothing in this section affects any liability
imposed on a body corporate for an offence
committed by the body corporate against this Act
or the regulations.
56 Conduct by officers, employees or agents of a body
corporate
(1) If, in any proceedings under this Act or the
regulations, it is necessary to establish the state of
mind of a body corporate in relation to particular
conduct, it is sufficient to show—
(a) that the conduct was engaged in by an officer
of that body corporate within the scope of
the officer's actual or apparent authority and
the officer had that state of mind; or
(b) that the conduct was engaged in by an agent
of the body corporate and—
(i) the agent acted at the specific direction
or with the specific consent or
agreement of the body corporate; and
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(ii) the agent had that state of mind; and
(iii) the body corporate was aware of the
agent's state of mind when the conduct
was engaged in.
(2) For the purposes of any proceedings under this
Act or the regulations, any conduct engaged in on
behalf of a body corporate is taken to have been
engaged in also by the body corporate if the
conduct was engaged in by—
(a) an officer of the body corporate within the
scope of the officer's actual or apparent
authority; or
(b) any other person at the specific direction or
with the specific consent or agreement of an
officer of the body corporate, if the giving of
the direction, consent or agreement is within
the scope of the actual or apparent authority
of the officer.
Division 9—General
57 Evidence of certain matters
(1) A document appearing to be a copy of an
instrument of appointment of an inspector, an
approval granted under this Act or the regulations
or a notice issued under this Act, if accompanied
by a certificate appearing to be signed by the
Secretary to the effect that it is a copy, is evidence
and, in the absence of evidence to the contrary, is
proof of the existence and contents of the original.
(2) A certificate appearing to be signed by the
Secretary to the effect that, on a date specified in
the certificate, a person held or did not hold an
approval under this Act specified in the certificate
is evidence and, in the absence of evidence to the
contrary, is proof of the matters stated in the
certificate.
s. 57
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58 Offences relating to enforcement
(1) A person must not—
(a) without reasonable excuse obstruct or hinder
an inspector in exercising the inspector's
powers under this Act; or
(b) contravene a lawful direction, order or
requirement of an inspector; or
(c) refuse to answer a question lawfully asked
by an inspector or to produce a document
lawfully required by an inspector; or
(d) give, procure or offer or promise any bribe,
recompense, inducement or reward to
influence an inspector in the exercise of the
inspector's powers or the discharge of the
inspector's duties under this Act or attempt to
do so; or
(e) interfere with anything done by an inspector
in the exercise of the inspector's powers
under this Act.
Penalty: 10 penalty units.
(2) A person must not—
(a) give to an inspector any information or
answer that is false or misleading; or
(b) include in an application or request to the
Secretary under this Act a statement that the
person knows to be false or misleading in a
material respect.
Penalty: 60 penalty units.
(3) Despite anything to the contrary in this Act, a
person may refuse to answer an inspector's
question or to produce a document to the inspector
if the person believes that the answer or
information in the document would tend to
incriminate the person.
s. 58
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59 Livestock operators and employers responsible for
the acts of their employees and contractors
(1) A livestock operator or employer is liable under
this Act for anything done or not done by an
employee or contractor in the course of carrying
out the regulated livestock management activity of
the livestock operator or employer.
(2) It is a defence to any offence under this Act or the
regulations if the person who committed the
contravention did so under the instruction or
direction of a livestock operator or the person's
employer.
60 Evidence
In any legal proceedings under this Act—
(a) the production of a copy of the Government
Gazette containing any matters required by
or under this Act to be published in the
Government Gazette is conclusive evidence
of those matters; and
(b) in the absence of evidence to the contrary,
proof is not required of—
(i) the appointment of a person as an
inspector; or
(ii) the appointment of any other employee
in the Department for the purposes of
this Act; or
(iii) the authority of any inspector appointed
under section 27 to take proceedings for
an offence under this Act.
61 Neglect to prosecute
If a person who filed a charge-sheet for an alleged
offence under this Act or the regulations does not
appear at the hearing or in any other way fails to
proceed with the prosecution, the court hearing
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the alleged offence may authorise another person
to take or continue the proceedings for that
offence, whether on that charge or not.
62 Liability for offences
(1) If two or more persons are guilty of an offence
under this Act or the regulations, each of those
persons is liable to the penalty for that offence
without affecting the liability of any other person.
(2) Any person who aids or abets the commission of
an offence under this Act or the regulations is
guilty of the offence.
(3) If this Act provides or the regulations provide that
a person, being a partnership or an unincorporated
body, is guilty of an offence, that reference to a
person is to be construed as a reference to each
member of the partnership or of the committee of
management of the unincorporated body (as the
case may be).
__________________
s. 62
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PART 6—GENERAL
63 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) prescribing livestock management standards;
(b) prescribing offences for breaches of
prescribed livestock management standards;
(c) the manner of compliance with prescribed
livestock management standards;
(d) grounds for the approval of a compliance
arrangement;
(e) the criteria that must be included in a letter
of approval;
(f) grounds for suspension or revocation of an
approved compliance arrangement;
(g) prescribing fees and charges for the
provision of services;
(h) generally prescribing any matter or thing
required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstances; and
(c) may leave any matter to be approved or
determined by an inspector or the Secretary;
and
(d) may confer powers or impose duties on an
inspector; and
s. 63
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(e) may apply, adopt or incorporate by reference
any document either—
(i) as formulated, issued, prescribed or
published at the time the regulation is
made or any time before the regulation
is made; or
(ii) as published or amended from time to
time; and
(f) may require any application or other
document required by this Act to be verified
by statutory declaration; and
(g) may impose penalties not exceeding
20 penalty units for any contravention of the
regulations or a prescribed livestock
management standard; and
(h) in the case of fees, may provide for any or all
of the following—
(i) specific fees;
(ii) maximum fees;
(iii) differential fees;
(iv) fees to be fixed and collected by the
Secretary.
(3) The regulations are subject to disallowance by a
House of the Parliament.
═══════════════
s. 63
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 10 December 2009
Legislative Council: 11 March 2010
The long title for the Bill for this Act was "A Bill for an Act to regulate
livestock management in Victoria and for other purposes."
Endnotes
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INDEX
Subject Section
Actapplication 4
commencement 2
Crown bound by 5
purpose 1
regulations 63
Bodies corporate 3, 55, 56
Compliance arrangements
amendment of conditions 18
approval 11, 12, 14, 15
approved compliance arrangements (def.) 3
audit 19
contents 13
definition 3
exemption 10
monitoring 17
notices to comply 46–48
refusal 16
revocation, suspension 20, 21, 49
Controlling authorities 3, 12, 15, 18, 19
Definitions 3, 41
Emergencies 3, 36
Employers 59
Entry powers 31, 36–38, 45
See also Search warrants
Evidence 57, 60
Infringement notices 51, 52
Inspectors
appointment 27
definition 3
identification certificates 28
offences against 58
powers – general 29
powers regarding
filing of charge-sheets 53
infringement notices 51
notices of suspension 49
notices to comply 46–48
production of documents, information 39, 40
samples 31, 41
search, entry 31, 36–38, 45
search warrants 32–35
stop, detain vehicles 43
taking photographs etc 42
use of assistants 44
powers under other Acts 30
Listed Acts 4
Livestock (def.) 3
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Subject Section
Livestock Disease Control Act 1994 4, 30
Livestock management standards
compliance 6
conflict with listed Acts 4
definition 3
intention to prescribe 9
notices to comply 46–48
prescribed livestock management standard (def.) 3
regulated livestock management activities (def.) 3
Livestock operators
accredited livestock operators (def.) 3
compliance with livestock management standards 6
definition 3
exemption 10
liability 59
systematic risk assessments 7, 8
See also Compliance arrangements
Minister
delegation 22
powers regarding
approval of forms 24
approval of guidelines 25
compliance arrangements 11, 12, 14–16,
18–21
prescription of standards 9
regard to guidelines 26
Occupiers 31, 35
Offences
by bodies corporate 55, 56
defences 59
endangering people, animals or risk disease 50
false, misleading information 58
filing of charge-sheets for 53
infringement notices 51, 52
liability for 59, 62
noncompliance with notice to comply 48
obstruction, hindrance of inspectors 58
Police 44, 53
Prevention of Cruelty to Animals Act 1986 4, 30
Proceedings 53, 60, 61
Regulations 63
Samples 31, 41
Search warrants 32–35
Secretary
appointment of inspectors 27, 28
compliance arrangements 15, 17
definition 3
delegation 23
regard to guidelines 26
samples 41
search warrants 32
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Subject Section
Service of documents 54
Systematic risk assessments 3, 7, 8
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