Livestock Disease Control (Amendment) Act 2001

i Livestock Disease Control (Amendment) Act 2001 Act No. 89/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Principal Act 2 4. Exemptions by Order in Council 2 5. Identification of livestock 3 6. New section 9A substituted 3 9A. Permanent identification of livestock 3 7. Property identification numbers 5 8. Use of tags, marks, brands or identification devices 5 9. Entry of livestock in Victoria 6 10. Period of effect of orders declaring control areas 7 11. Controls on cattle and pigs on sewage land 7 12. Secretary's approval required for slaughter of cattle at an abattoir 8 13. New heading inserted in Part 6 9 14. Records of sales and purchases 9 15. New section 94B inserted 9 94B. Notification about livestock slaughter or disposal 9 16. New section 96B inserted 10 96B. Evidence of ownership of livestock 10 17. New section 115A inserted 10 115A. Identification notice 11 18. Infringement Notices 12 19. Regulations 12 ═══════════════ ENDNOTES 14 -- 1 of 15 -- 1 Livestock Disease Control (Amendment) Act 2001† [Assented to 11 December 2001] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Livestock Disease Control Act 1994 to provide for the permanent identification of cattle and other livestock and for other matters relating to the monitoring and control of livestock diseases. 2. Commencement Victoria No. 89 of 2001 -- 2 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 2 (1) Subject to this section, this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act, other than section 15, has not come into operation before 1 July 2002, it comes into operation on that day. (3) If section 15 has not come into operation before 1 January 2005, it comes into operation on that day. 3. Principal Act In this Act, the Livestock Disease Control Act 1994 is called the Principal Act. 4. Exemptions by Order in Council After section 6(3) of the Principal Act insert— "(3A) Without affecting sub-section (1) or (2), the Governor in Council may make an Order exempting, or exempting to the extent specified in the Order, any livestock or class or species of livestock or any person or class of person that is specified in the Order from all or any of the provisions of this Act or the regulations. (3B) An Order made under section (3A)— (a) may specify the period during which the Order is to remain in force; (b) may provide that its operation is unconditional or operates in circumstances or conditions specified in the Order or is subject to any terms s. 2 See: Act No. 115/1994. Reprint No. 4 as at 1 July 2001. LawToday: www.dms. dpc.vic. gov.au -- 3 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 3 and conditions that are specified in the Order.". 5. Identification of livestock In section 9 of the Principal Act— (a) before "prescribed livestock" (wherever occurring) insert "cattle or"; (b) for "the livestock" substitute "the cattle or the livestock"; (c) after "identified" insert "in accordance with section 9A and". 6. New section 9A substituted For section 9A of the Principal Act substitute— "9A. Permanent identification of livestock (1) The owner of any cattle or prescribed livestock or livestock of a prescribed species or class must ensure that the cattle or livestock is permanently tagged, marked, branded or identified— (a) in the circumstances set out in section 9(a), (b), (c) or (d); or (b) in any other prescribed circumstances— in the manner specified by the Secretary with a tag, mark, brand or other device that— (c) is approved by the Secretary; and (d) has an identification code allocated by the Secretary under section 9B comprising a combination of letters or numbers or both that identifies the property of birth of the cattle or livestock or the property where the cattle or livestock is kept; and s. 5 -- 4 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 4 (e) has a number identifying the individual cattle or livestock; and (f) is manufactured or sold by a person who is authorised to do so under section 9C. Penalty: 5 penalty units. (2) If any cattle or prescribed livestock or livestock of a prescribed species or class has been tagged, marked, branded or identified in accordance with sub-section (1), a person must not remove that tag, mark, brand or identification device from the cattle or livestock or deface, obliterate or alter the tag, mark, brand or identification device except— (a) in accordance with a direction of an inspector; or (b) if the tag is removed from the cattle or livestock, or the mark, brand or identification is defaced, obliterated or altered, by a person working at an abattoir or knackery where the cattle or livestock is being slaughtered or disposed of; or (c) in accordance with the regulations. Penalty: 5 penalty units. (3) Without limiting sub-section (1), the Secretary may require cattle or livestock or any species or class of livestock to be tagged, marked, branded or identified with a device that contains an electronic microchip that incorporates the identification code allocated by the Secretary under section 9B and the number that identifies the individual cattle or livestock. s. 6 -- 5 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 5 (4) The Secretary must ensure that a notice is published in the Government Gazette and in a newspaper circulating generally throughout Victoria specifying any requirements of the Secretary for the purposes of this section.". 7. Property identification numbers (1) In section 9B of the Principal Act, for sub-section (1) substitute— "(1) A person who owns any cattle or prescribed livestock or any livestock of a prescribed species or class must apply to the Secretary for the allocation of a code that identifies the property of birth of the cattle or livestock or the place where the cattle or livestock is to be kept. Penalty: 5 penalty units. (1A) The Secretary must determine at the time of allocating a code whether the code identifies the property of birth of the cattle or livestock or the place where the cattle or livestock is to be kept.". (2) In section 9B(4) of the Principal Act, omit "between 1 and 3 years". 8. Use of tags, marks, brands or identification devices (1) In section 9C of the Principal Act— (a) for "or branding" substitute ", branding or identification"; (b) after "those purposes" insert "or that contains a code allocated by the Secretary under section 9B". s. 7 -- 6 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 6 (2) At the end of section 9C of the Principal Act insert— "(2) If a tag, mark, brand or other device intended for identifying livestock for the purposes of section 9 or 9A has been used to tag, mark or brand or otherwise identify individual livestock, a person must not use that tag, mark, brand or other device to identify other livestock unless the person is authorised for the time being in writing by the Secretary to do so. Penalty: 5 penalty units. (3) Sub-section (2) does not apply to a tag, mark, brand or a device that does not identify the individual livestock.". 9. Entry of livestock in Victoria (1) In section 10 of the Principal Act, for sub-section (1) substitute— "(1) A person must not bring or cause or permit or allow to be brought into Victoria any diseased livestock or diseased livestock product except in accordance with the prior authority of the Secretary or a licence issued by the Secretary. Penalty: 120 penalty units or 12 months imprisonment or both, in the case of an exotic disease. 60 penalty units in the case of any other disease.". (2) After section 10(3) of the Principal Act insert— "(4) The Secretary may— (a) in writing authorise the bringing into Victoria of any diseased livestock or s. 9 -- 7 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 7 diseased livestock product that is specified in the authorisation; (b) issue a licence authorising the bringing into Victoria of diseased livestock or diseased livestock products or a class of diseased livestock or diseased livestock product for the period specified in the licence not exceeding 3 years and may impose any conditions on the licence.". 10. Period of effect of orders declaring control areas In section 29 of the Principal Act, for sub-section (5) substitute— "(5) An order declaring a control area has effect for the period not exceeding 12 months that the Minister specifies in the Order and may be continued for any further period or periods not exceeding 12 months that the Minister determines by notice published in the Government Gazette.". 11. Controls on cattle and pigs on sewage land (1) In section 43(2) of the Principal Act, for "except with the approval of the Secretary" substitute "except in accordance with the approval of the Secretary and the conditions (if any) attached to that approval". (2) After section 43(4) of the Principal Act insert— "(5) The Secretary may grant an approval for the purposes of sub-section (2) if satisfied that the feeding of the crops or pasture is unlikely to lead to the transmission of disease from the livestock to humans and may impose any conditions on that approval. (6) The Secretary must have regard to the following matters before granting an approval under sub-section (2)— s. 10 -- 8 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 8 (a) the purpose or intended use of the cattle or pigs to be fed the pasture or crops; and (b) whether the cattle or pigs will be tagged, marked, branded or identified in accordance with this Act before being moved from the place where they were fed the pasture or crops; and (c) the measures taken, or to be taken, to limit the movement of the cattle or pigs; and (d) the measures taken, or to be taken, to limit the exposure of the cattle or pigs to infection by zoonotic organisms.". 12. Secretary's approval required for slaughter of cattle at an abattoir (1) In section 44(1)(c) of the Principal Act, after "1993" insert "in accordance with the approval of the Secretary and the conditions (if any) attached to that approval". (2) After section 44(2) of the Principal Act insert— "(3) The Secretary may grant an approval for the purposes of sub-section (1)(c) if satisfied that the removal of the cattle for immediate slaughter at an abattoir is unlikely to lead to the transmission of disease from the cattle to humans and may impose any conditions on that approval. (4) The Secretary must have regard to the following matters before granting an approval under sub-section (3)— (a) whether the cattle have been or will be tagged, marked, branded or identified in accordance with this Act before s. 12 -- 9 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 9 being moved from the place where they were grazing; and (b) the measures taken, or to be taken, to limit the cattle's exposure to infection by zoonotic organisms.". 13. New heading inserted in Part 6 For the heading to Part 6 substitute— "PART 6—STAMP DUTY AND RECORDS". 14. Records of sales and purchases (1) In section 94A(1) of the Principal Act for "sale of that livestock" substitute "livestock sold". (2) In section 94A(2) of the Principal Act— (a) after "approved agent" insert "or a person who carries on business as an abattoir operator, knackery, saleyard operator, a stock and station agent or any other prescribed business that involves the purchasing of livestock"; (b) omit "on the approved agent's own behalf"; (c) for "purchase of that livestock" substitute "livestock purchased". 15. New section 94B inserted After section 94A of the Principal Act insert— "94B. Notification about livestock slaughter or disposal The operator of an abattoir or knackery must— (a) at the time of the slaughter or disposal of cattle or prescribed livestock at the abattoir or knackery, make a record of s. 13 -- 10 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 10 the slaughter or disposal that includes— (i) the date of the slaughter or disposal; (ii) details of the code allocated by the Secretary under section 9B to the cattle or prescribed livestock slaughtered or disposed of; (iii) details of the number identifying the individual livestock; (iv) any other prescribed information; and (b) within 7 days after the slaughter or disposal or any lesser period specified by the Secretary by notice published in the Government Gazette, notify the Secretary or a person nominated by the Secretary by a method approved by the Secretary of the details set out in paragraph (a). Penalty: 5 penalty units.". 16. New section 96B inserted After section 96A of the Principal Act insert— '96B. Evidence of ownership of livestock A person ("the agent") must not sell livestock prescribed for the purposes of section 94B on behalf of another person unless that other person is known to the agent or has provided evidence to the agent that the other person is the owner of the livestock. Penalty: 5 penalty units.'. 17. New section 115A inserted s. 16 -- 11 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 11 In Division 2 of Part 8 of the Principal Act, after section 115 insert— "115A. Identification notice (1) An inspector who believes on reasonable grounds that any livestock is infected with a disease or that the livestock may become infected with a disease, by notice in writing to the owner or person in charge of the livestock, may require that person to— (a) tag or mark the livestock with identification of the livestock and the disease or suspected disease in the manner specified by the inspector in the notice; and (b) ensure that the livestock remain tagged and marked in that manner in the circumstances specified by the inspector in the notice. (2) An inspector who believes on reasonable grounds that any livestock should be tagged, marked, branded or otherwise identified in accordance with section 9 or 9A, by notice in writing to the owner or person in charge of the livestock, may require that person to— (a) tag, mark, brand or identify the livestock in the manner specified by the inspector in the notice; and (b) ensure that the livestock remain tagged, marked, branded or identified in that manner in the circumstances specified by the inspector in the notice. (3) A person must not contravene any provision of an identification notice under sub-section (1). s. 17 -- 12 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 12 Penalty: In the case of a notice with respect to an exotic disease, 120 penalty units. In any other case, 60 penalty units. (4) A person must not contravene any provision of an identification notice under sub-section (2). Penalty: 5 penalty units.". 18. Infringement Notices In section 126 of the Principal Act— (a) after "9B," insert "9C,"; (b) for "or 94A" substitute ", 94A, 94B or 96B". 19. Regulations In section 139(1) of the Principal Act— (a) in paragraph (ba), after "the livestock" insert "or a device attached to or inserted in the livestock"; (b) after paragraph (bb) insert— "(bc) requiring and providing for— (i) the recording of information in the manner specified by the Secretary about the movement of livestock and the identification of the livestock (including identification required by section 9 or 9A); and (ii) the forwarding of that information to the Secretary or a person nominated by the Secretary in the manner, or by the method of transmission, required by the Secretary; s. 18 -- 13 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 13 (bd) prohibiting or regulating the destruction or disposal of tags, marks, brands or other devices for identifying livestock for the purposes of section 9 or 9A;". ═══════════════ s. 19 -- 14 of 15 -- Act No. 89/2001 Livestock Disease Control (Amendment) Act 2001 14 ENDNOTES † Minister's second reading speech— Legislative Assembly: 11 October 2001 Legislative Council: 29 November 2001 The long title for the Bill for this Act was "to amend the Livestock Disease Control Act 1994 and for other purposes." 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