Stock Regulation 1988

PART VI—FEES FOR SUPERVISION AND TREATMENT OF LIVESTOCK, VEHICLES AND OTHER MATTERS

pt hdg om 2001 SL No. 134s 2 sch

1Short title

This regulation may be cited as the Stock Regulation 1988.

s 1 sub 1991 SL No. 205s 4

2Definitions

(1)The dictionary in schedule 8 defines particular words used in this regulation.

(2)In this regulation, each of the following acronyms stand for the words stated for the acronym—

(a)CF1—confirmed free one;

(b)CF2—confirmed free two;

(c)CF3—confirmed free three;

(d)IN—infected;

(e)MN—monitored negative;

(f)NA—not assessed;

(g)PC—provisionally clear;

(h)RD—restricted;

(i)SU—suspected;

(j)TN—tested negative.

s 2 prev s 2 amd 1997 SL No. 61s 4

om 1997 SL No. 278s 4

Note—prev s 2 contained definitions for this regulation. Definitions are now located in sch 8—Dictionary. Annotations for definitions contained in prev s 2 are located in annotations for sch 8.

pres s 2 amd 1991 SL No. 205s 3(1); 2001 SL No. 134s 2 sch; 2001 SL No. 288s 3

3What is a disease

A disease mentioned in schedule 1 is a disease under the Act.

s 3 prev s 3 om 1993 SL No. 478s 2sch 1

pres s 3 (prev s 7A) ins 1993 SL No. 478s 4

amd 2001 SL No. 134s 2 sch

renum and reloc 2001 SL No. 134s 2 sch

4What is a notifiable disease

A disease mentioned in schedule 6 is a notifiable disease.

s 4 prev s 4 om 1993 SL No. 478s 2sch 1

pres s 4 (prev s 7B) ins 1993 SL No. 478s 4

amd 2001 SL No. 134s 2 sch

renum and reloc 2001 SL No. 134s 2 sch

amd 2002 SL No. 351s 12

5Other animals that are stock

As well as the animals mentioned in paragraph (a) of the definition stock in schedule 2 of the Act, other animals that are stock are terrestrial mammals not indigenous to Queensland.

s 5 prev s 5 om 1993 SL No. 478s 2sch 1

pres s 5 (prev s 7C) ins 1993 SL No. 478s 4

renum and reloc 2001 SL No. 134s 2 sch

amd 2004 SL No. 277s 3

pt hdg ins 2002 SL No. 351s 13

5ADefinitions for pt 1A

In this part—

agricultural chemical product has the meaning given under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).

food standards code means the Australia New Zealand Food Standards Code within the meaning of the Australia New Zealand Food Authority Act 1991 (Cwlth).

Editor’s note—

The food standards code is available online at Food Standards Australia New Zealand’s website at <www.foodstandards.gov.au/thecode/>.

MRL standard means the Australian Pesticides and Veterinary Medicines Authority, MRL Standard Maximum Residue Limits in Food and Animal Feedstuffs of Agricultural and Veterinary Chemicals and Associated Substances, Australian Government Publishing Service, Canberra.

Editor’s note—

A copy of the MRL standard may be inspected, free of charge, at the department’s office at 80 Ann Street, Brisbane or any of the department’s regional offices. The standard is available online at the Australian Pesticides and Veterinary Medicines Authority website at <www.apvma.gov.au/residues>.

def MRL standard amd 2005 SL No. 101s 108

standard 1.4.1 means the food standards code, part 1.4 Contaminants and residues, standard 1.4.1 Contaminants and natural toxicants.

Editor’s note—

A copy of standard 1.4.1 may be inspected, free of charge, at the department’s office at 80 Ann Street, Brisbane.

tissues of stock includes the following—

(a)secretions of stock;

(b)products of stock.

veterinary chemical product has the meaning given under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth).

warranted stock see section 5C.

warranty means the warranty under section 20 of the Act.

s 5A ins 2002 SL No. 351s 13

5BResidue disease—Act, s 4C

The following conditions are prescribed as diseases for section 4C of the Act—

(a)the presence in the tissues of stock of an agricultural chemical product or veterinary chemical product—

(i)for a chemical product mentioned in the MRL standard for tissues of stock—at a level greater than the maximum residue limit or extraneous residue limit mentioned in the MRL standard for the chemical product; or

(ii)for a chemical product not mentioned in the MRL standard for tissues of stock—at any level for the chemical product;

(b)the presence in the tissues of stock of a metal or polychlorinated biphenyl mentioned in standard 1.4.1 for tissues of stock at a level greater than the maximum level mentioned in standard 1.4.1 for the metal or polychlorinated biphenyl;

(c)the presence in the tissues of stock of a substance mentioned in standard 1.4.1 for a food derived from stock at a level greater than the maximum level mentioned in standard 1.4.1 for the substance;

(d)the presence of greater than 1mg/kg of chlorfluazuron in tissues of stock;

(e)the presence in the tissues of stock of any THC residue.

s 5B ins 2002 SL No. 351s 13

amd 2004 SL No. 277s 4

5CWarranted stock—Act, s 20(1)

The warranty applies to cattle, deer, goats, horses, pigs, poultry and sheep (warranted stock).

s 5C ins 2002 SL No. 351s 13

5DDiseases to which warranty applies—Act, s 20(11)(a)

The warranty applies to residue disease.

s 5D ins 2002 SL No. 351s 13

5EEvidence of residue disease for warranty—Act, s 20(11)(b)

Proof of a residue disease in warranted stock, no more than 7 days after the stock was sold, is, unless there is evidence to the contrary, proof of breach of the warranty.

s 5E ins 2002 SL No. 351s 13

pt hdg sub 2004 SL No. 277s 5

div hdg sub 2004 SL No. 277s 6

6Purpose of pt 2

The purpose of this part is to make provisions under section 11 of the Act relating to the introduction of stock and other matters or things, for the prevention, control or eradication of disease in stock.

Note—

For the penalty for a contravention of this part, see section 11(3) of the Act.

s 6 amd 2001 SL No. 134s 2 sch

sub 2004 SL No. 277s 8

7When a person introduces stock or a matter or thing

A person introduces stock or a matter or thing if the person brings the stock, matter or thing into the State from another State.

s 7 amd 1991 SL No. 205s 3(2)

sub 2004 SL No. 277s 8

div hdg ins 2004 SL No. 277s 8

sdiv hdg ins 2004 SL No. 277s 8

8Stock to which sdiv 1 applies

This subdivision applies only in relation to alpacas, buffalo, cattle, deer, goats, guanacos, llamas, sheep and vicunas.

s 8 amd 1993 SL No. 478s 2sch 1

sub 2004 SL No. 277s 8

9General introduction requirements

(1)This section applies to a person who introduces or proposes to introduce stock, unless the stock are conveyed, or are to be conveyed, directly to an approved abattoir, for immediate slaughter.

(2)The person must not introduce the stock, unless—

(a)a certificate of health that complies with section 10 has been issued for them; and

(b)the chief inspector is given a copy within 5 days after it is issued.

(3)If the person introduces stock under subsection (2)(a)—

(a)the person must, unless the person has a reasonable excuse, do the following from when the person introduces the stock until the stock reach the final destination for which they were introduced—

(i)have the certificate of health or a copy available for immediate inspection by an inspector;

(ii)produce it to an inspector if the inspector asks the person to produce it for inspection; and

(b)if, subsequent to their introduction, the person delivers the stock to someone else (a consignee), the person must, when the person delivers the stock to the consignee, give the consignee the certificate of health.

Note—

See also section 14.

(4)It is not a reasonable excuse for subsection (3)(a) if the certificate or copy has been destroyed, lost or mislaid.

(5)However, it is a reasonable excuse if the person obtains a copy of the certificate, or a replacement of it, as quickly as reasonably possible and, if asked under subsection (3)(a)(ii), produces the copy or replacement.

(6)This section is in addition to and does not limit a provision of any of the following that applies to the introduction or proposed introduction—

(a)subdivision 2;

(b)section 19;

(c)the Stock (Cattle Tick) Notice 2005.

s 9 amd reg pubd gaz 17 December 1988 pp 2189–93; 1991 SL No. 205s 3(1)

sub 2004 SL No. 277s 8

amd 2005 SL No. 331s 3

10Requirements for certificate of health

(1)A certificate of health for stock to be introduced must—

(a)be in the approved form; and

(b)state that the stock comply with the requirements under the Act for the introduction; and

Note—

See section 11 of the Act.

(c)be signed by a chief veterinary officer.

(2)The certificate must be issued within 14 days before the introduction.

s 10 amd 2001 SL No. 134s 2 sch

sub 2004 SL No. 277s 8

11Inspector’s powers if general introduction requirements contravened

(1)This section applies if a person (the introducing person) has contravened section 9 for stock introduced or being introduced.

(2)If no certificate of health that complies with section 10 has been issued for the stock, an inspector may give the introducing person an order about the stock that is appropriate to prevent the introduction of any disease.

Examples—

1an order directing the person not to introduce, or continue to introduce, the stock

2an order to return the stock to the State from which the stock were introduced

(3)If—

(a)a certificate of health that complies with section 10 was issued for the stock; and

(b)the certificate has not been given to a consignee for the stock or the chief inspector has not received a copy within 5 days after it was issued;

an inspector may order a person mentioned in subsection (4) to, unless the person has a reasonable excuse, give the chief inspector the certificate or a copy within 7 days.

(4)For subsection (3), the person is—

(a)for a contravention of section 9(2)—the introducing person; or

(b)for a contravention of section 9(3)—

(i)the introducing person; or

(ii)the person who owned the stock immediately before the stock were introduced.

(5)The inspector may keep a certificate or copy given under subsection (3) to copy it.

(6)However, the inspector must return the certificate or copy as soon as practicable after copying it.

s 11 amd 1993 SL No. 478s 2sch 1

sub 2004 SL No. 277s 8

12Inspector’s powers for stock introduced or proposed to be introduced

(1)This section applies if—

(a)an inspector has been given the original or a copy of a certificate about the health of stock introduced or proposed to be introduced, whether or not the certificate complies with section 10; or

(b)an inspector reasonably suspects that stock introduced or proposed to be introduced are infected; or

(c)section 9 applies to stock introduced or proposed to be introduced and the person who introduces or proposes to introduce them has not complied with section 9(2).

(2)Any inspector may examine the stock to investigate whether the stock are infected or to decide whether the stock comply with the requirements under the Act for introduction—

(a)when the stock are introduced; or

(b)at any time after their introduction.

(3)If the inspector examining the stock reasonably suspects the stock are infected or that the requirements have not been complied with, the inspector may—

(a)if the stock have not yet been introduced, give the drover of the stock an order—

(i)not to introduce them; or

(ii)not to introduce them unless stated conditions to minimise the risk of spread of disease have been complied with; or

(b)if the stock have been, or are being, introduced, give the drover or owner of the stock an order to do any of the following—

(i)hold or quarantine them;

(ii)identify, test or treat them in a stated way;

(iii)return them to the State from which the stock were or are being introduced.

s 12 sub 2004 SL No. 277s 8

13Form of order

(1)An order under section 11 or 12(3) must be in the approved form.

(2)Despite subsection (1), the order may be given orally if—

(a)the inspector giving the order reasonably suspects it needs to be given urgently to prevent or control disease; or

(b)for any reason it is not practicable to immediately give the order in writing.

(3)If the order is given orally, the inspector giving the order must confirm the order by also giving it in the approved form as soon as practicable after giving it orally.

s 13 sub 2004 SL No. 277s 8

14Obligation to keep and produce certificate of health

(1)This section applies to—

(a)a person who, under section 9(2)(a), introduces stock; and

(b)a consignee of stock to whom a person has, under section 9(3)(b), given a certificate of health.

(2)The person or consignee must keep the certificate for 2 years after the person or consignee received the certificate, unless the person or consignee has a reasonable excuse.

(3)If an inspector asks the person or consignee for the certificate during the 2 years, the person or consignee must give it to the inspector, unless the person or consignee has a reasonable excuse.

(4)The inspector may keep the certificate to copy it.

(5)However, the inspector must return the certificate as soon as practicable after copying it.

s 14 amd 1993 SL No. 478s 2sch 1

sub 2004 SL No. 277s 8

sdiv hdg ins 2004 SL No. 277s 8

15Pigs

(1)If—

(a)pigs outside the State are proposed to be introduced; and

(b)they are subject to an interstate identification requirement;

a person must not introduce them, unless the requirement has been complied with.

(2)In this section—

interstate identification requirement, for pigs proposed to be introduced, means any law of the State from which they are proposed to be introduced that requires them to be branded or otherwise identified.

s 15 amd 1991 SL No. 205s 3(2)

sub 2004 SL No. 277s 8; 2005 SL No. 101s 109

18Introduction of cattle—tuberculosis

(1)In this section—

approved feedlot means a cattle feedlot approved by the chief inspector under subsection (18).

approved saleyard means a saleyard approved by the chief inspector under subsection (20).

approved yards, in relation to Cloncurry, means—

(a)the railway trucking yards; or

(b)if the use of these yards by cattle in a particular case is not practicable—other yards approved by the chief inspector under subsection (21).

herd confirmatory test means a test conducted by or under the supervision of the chief inspector or a chief veterinary officer, to confirm that a herd is free from infection.

impending free area means an area that—

(a)has been assessed for tuberculosis under an approved program for monitoring tuberculosis; and

(b)does not contain an IN herd or RD herd; and

(c)the chief inspector or chief veterinary officer considers would be free of tuberculosis, if it were to be found in the area, within 2 years after it is found.

infected means infected with tuberculosis.

(2)In this section, a reference to an NA herd, IN herd, RD herd, SU herd, PC herd, CF1 herd, CF2 herd, CF3 herd, MN herd or TN herd is a reference to a herd that may be classified as such with respect to tuberculosis.

(3)A person must not introduce cattle unless permitted under this section.

(4)A person must not introduce cattle from an NA herd.

(5)A person must not introduce cattle under subsection (6), (7) or (12) without first obtaining the written approval of the chief inspector under subsection (16).

(6)Subject to subsection (5), a person may introduce slaughter cattle from an IN herd, RD herd, SU herd or PC herd, that originate from a holding with an approved eradication program in the Northern Territory or the part of Western Australia north of the Tropic of Capricorn, if the cattle are transported to a nominated abattoir for immediate slaughter as follows—

(a)the cattle must enter Queensland via Camooweal;

(b)the cattle must be transported directly through Camooweal to approved yards at Cloncurry;

(c)any spelling must be in the approved yards at Cloncurry;

(d)the cattle must be transported by rail directly from the approved yards at Cloncurry to a nominated abattoir.

(7)Subject to subsection (5), a person may introduce slaughter cattle from an IN herd, RD herd, SU herd or PC herd, that originate from a place other than a place specified in subsection (6), if—

(a)the cattle originate from a holding with an approved eradication program; and

(b)the cattle are transported directly to—

(i)an approved abattoir for immediate slaughter; or

(ii)a holding for temporary spelling prior to slaughter, if the chief inspector has notified the person that the chief inspector is satisfied that the temporary holding is suitable for this purpose, having regard to any matter relevant to preventing the spread of tuberculosis.

(8)A person may introduce slaughter cattle from an MN herd, CF2 herd, CF3 herd or TN herd, that originate from an impending free area.

(9)Subject to subsection (10), a person may introduce slaughter cattle from a CF1 herd that originate from an impending free area.

(10)If the cattle mentioned in subsection (9) originate from a herd that—

(a)has been previously infected; and

(b)has not undergone a herd confirmatory test at least 12 months after attaining CF1 herd status;

the cattle must be transported directly to—

(c)an approved abattoir for immediate slaughter; or

(d)an approved saleyard for sale only for immediate slaughter.

(11)A person must not introduce non-slaughter cattle from an IN herd, RD herd, SU herd or PC herd.

(12)Subject to subsection (5), a person may introduce non-slaughter cattle from a CF1 herd, originating from an impending free area, that has not undergone a herd confirmatory test at least 12 months after attaining CF1 herd status if—

(a)the cattle have been resident in the herd for at least 18 months; and

(b)at least 1 negative test of the cattle has been undertaken within 30 days before introduction; and

(c)the cattle are transported directly to an approved feedlot or other holding.

(13)If the cattle are transported under subsection (12)(c) to a holding that is not an approved feedlot, the holding must be placed in quarantine and the owner must immediately undertake to undergo an approved eradication program in relation to the holding.

(14)A person may introduce non-slaughter cattle from a CF2 herd that has previously been infected if—

(a)the herd originates from an impending free area; and

(b)has undergone a herd confirmatory test at least 12 months after attaining CF1 herd status; and

(c)the cattle have been resident in the herd for not less than 18 months.

(15)A person may introduce non-slaughter cattle from a TN herd or an MN herd that originate from an impending free area.

(16)A person must not introduce non-slaughter cattle that originate from a holding on which there are any other cattle—

(a)from an NA herd, IN herd, RD herd, SU herd or PC herd; or

(b)if the holding is wholly or partly situated in the Northern Territory or that part of Western Australia north of the Tropic of Capricorn—from an MN herd;

without first obtaining the written approval of the chief inspector.

(17)The chief inspector must give written approval to introduce cattle to a person who requests it under subsection (5) or (16) only if the chief inspector is satisfied that there is no reasonable danger of the cattle infecting other cattle in Queensland with tuberculosis, having regard to—

(a)the intended destination of the cattle; and

(b)the origin of the cattle; and

(c)evidence as to the class of the cattle; and

(d)any other relevant matter.

(18)The chief inspector must approve a feedlot for the purposes of this section only if the chief inspector is satisfied that the feedlot is—

(a)constructed and operated under a development approval under the Sustainable Planning Act 2009, for the environmentally relevant activity under the Environmental Protection Act 1994 of cattle feedlotting; and

(b)adequately fenced; and

(c)otherwise safe, having regard to the prevention of the spread of tuberculosis.

(19)It is a condition of every approval given under subsection (18) that the owner of the feedlot must ensure all requirements relating to the identification of cattle are complied with in relation to the cattle taken onto the feedlot.

(20)The chief inspector must approve a saleyard for the purposes of this section only if the chief inspector is satisfied that the saleyard is adequately fenced and otherwise suitable for holding cattle, having regard to any matter relevant to preventing the spread of tuberculosis.

(21)The chief inspector must approve a yard in Cloncurry for the purposes of holding cattle under this section only if the chief inspector is satisfied that the yard is suitable to hold the cattle, having regard to any matter relevant to preventing the spread of tuberculosis.

(22)When required to name an abattoir to which cattle must be transported under this section, the chief inspector must have regard to—

(a)whether the distance to the abattoir from the location of the cattle is such that the cattle can be transported there without spelling; and

(b)any other matter relevant to preventing the spread of tuberculosis.

s 18 amd reg pubd gaz 17 December 1988 pp 2189–93; reg pubd gaz 1 July 1989 pp 2251–2; reg pubd gaz 2 December 1989 pp 2438–40; reg pubd gaz 23 June 1990 pp 1108–9; reg pubd gaz 22 December 1990 p 2327

sub 1991 SL No. 205s 7

amd 2000 SL No. 323s 5; 2001 SL No. 288s 4; 2004 SL No. 277s 9; 2005 SL No. 101s 110; 2009 SL No. 280s 133

19Introduction of prescribed species—Johne’s disease

(1)A person must not introduce stock of a prescribed species, unless—

(a)the chief inspector has approved the introduction; or

(b)the introduction is in accordance with the document called ‘Summary of Stock Entry Requirements for Queensland’, published by the department.

Editor’s note—

A copy of the document may be obtained, free of charge, from the office of the chief inspector at 80 Ann Street, Brisbane.

(2)The chief inspector may grant the approval only if satisfied the introduction does not pose a risk of Johne’s disease being introduced or spread in the State.

(3)In this section—

prescribed species means alpacas, buffalo, cattle, deer, goats, guanacos, llamas, sheep and vicunas.

s 19 orig s 19 sub reg pubd gaz 17 December 1988 pp 2189–93

amd 1991 SL No. 205s 6

om 2000 SL No. 323s 4

prev s 19 om 2004 SL No. 277s 10

pres s 19 ins 2004 SL No. 277s 11

amd 2014 SL No. 281s 3

sdiv hdg ins 2004 SL No. 277s 12

24Approval for alternative test

The chief inspector may approve the use of an alternative test to a prescribed test to establish the disease free status of stock intended to be introduced to this State.

s 24 amd 2004 SL No. 277s 13

div hdg (prev div 2 hdg) renum 2004 SL No. 277s 7

26Animal pathogens, biological preparations, articles or things

A person shall not introduce animal pathogens, biological preparations, articles or things of a class included in schedule 3 unless in compliance with the requirements of a permit to introduce animal pathogens, biological preparations, articles or things in the approved form granted by the chief inspector.

s 26 amd 1993 SL No. 478s 2sch 1; 2001 SL No. 134s 2 sch

27Contaminated animal pathogens etc.

(1)Animal pathogens, biological preparations, articles or things which contain, or are suspected to contain contaminating micro-organisms, shall not be introduced without the prior approval of the chief inspector.

(2)An order to destroy animal pathogens, biological preparations, articles or things under section 15 of the Act shall be in the approved form.

s 27 amd 1993 SL No. 478s 2sch 1; 2004 SL No. 277s 14

div hdg (prev div 3 hdg) renum 2004 SL No. 277s 7

29Landing animal products, attendant’s effects

Animal products, carcass, fodder, fittings, or other matter or thing used in connection with introduced stock which are suspected of or are infected with disease, and clothes, baggage or effects belonging to the attendants of the stock, shall not be removed from any vehicle or vessel in which they arrive, except by the approval in writing and under the supervision of an inspector, and then only to a place to be named by the inspector, there to be dealt with or disposed of as the chief inspector directs.

30Non-application of travel permit and waybill requirements (s 23 of the Act)

For the purposes of section 23 of the Act, sections 21 to 22I of the Act do not apply to poultry or animals that are terrestrial mammals not indigenous to Queensland, other than the following—

(a)alpacas;

(b)buffalo;

(c)camels;

(d)cattle;

(e)deer;

(f)goats;

(g)guanacos;

(h)horse;

(i)llamas;

(j)pigs;

(k)sheep;

(l)vicunas.

s 30 sub 1993 SL No. 478s 5

amd 2008 SL No. 342s 3

30ANon-application of travel permit and waybill requirements—alternative waybills

(1)For section 23 of the Act, the requirements in sections 22 to 22I of the Act for an approved waybill do not apply to a drover or other person mentioned in sections 22 to 22I of the Act for stock mentioned in section 30(a) to (l) if—

(a)an alternative waybill has been completed for the stock; and

(b)the requirements of sections 22 to 22I of the Act have otherwise been complied with for the stock.

(2)In this section—

alternative waybill means a national vendor declaration waybill or other waybill or other document (however called) completed under a law of another State that complies with, or substantially complies with, the requirements of the approved form for an approved waybill.

s 30A ins 2004 SL No. 277s 15

amd 2008 SL No. 342s 4

31Travel permits

A travel permit must be in the approved form.

s 31 sub 1993 SL No. 478s 6

32Travel permit required for area

For the purposes of section 21A(e) and (f) of the Act, the Brisbane Exhibition Grounds are a prescribed area.

s 32 sub 1993 SL No. 478s 7

33Travelling stock to be quarantined

In respect of an outbreak of disease in travelling stock, the stock shall, if considered necessary by an inspector, be quarantined and tested and treated at the nearest convenient place to the satisfaction of the inspector.

36Sale of diseased stock

(1)A person shall not sell nor expose for sale nor cause nor permit to be sold or exposed for sale nor assist nor be concerned in the selling of any diseased or suspected stock until an inspector has given approval in writing for the sale.

(2)An inspector may require the stock to be kept separate from other stock and for the purpose of identification the inspector may brand them or cause them to be branded with a brand or brands, other than a fire brand, or tag them, or cause them to be tagged to the inspector’s satisfaction.

s 36 amd 2005 SL No. 101s 111

37Diseased stock at saleyards

(1)When an inspector finds any diseased or suspected stock in a saleyard the inspector may give to the owner of the stock approval, either verbally or in writing in the approved form, to sell the stock subject to such conditions as the inspector may specify but, where an inspector refuses to give to the owner approval to sell the stock, the inspector shall notify the owner in writing accordingly.

(2)A inspector may cause the diseased or suspected stock to be kept separate from other stock in the saleyard and for the purpose of identification the inspector may brand the stock or cause them to be branded with a brand or brands, other than a fire brand, or tag them, or cause them to be tagged to the inspector’s satisfaction.

(3)A person shall not prevent or obstruct an inspector in the branding or tagging of diseased or suspected stock.

s 37 amd 1993 SL No. 478s 2sch 1; 2005 SL No. 101s 112

38Infected stock etc. not to travel without approval

(1)A person shall not send or cause to be sent by air, or on any road, vehicle, railway, river, or vessel within the territorial waters of Queensland, any infected or suspected stock, or any animal product, animal parasite, whether internal or external, animal pathogen, biological preparation, carcass, fodder, or other thing likely to cause the spread of disease, until the person has received approval in writing from an inspector.

(2)However, this section shall not apply to—

(a)a veterinary surgeon; or

(b)an inspector; or

(c)an authorised officer under the Food Production (Safety) Act 2000; or

(d)a person authorised by the chief inspector;

who submits any infected or suspected stock, or any animal product, animal parasite, whether internal or external, animal pathogen, biological preparation, carcass, fodder or other thing likely to cause the spread of disease, to an approved laboratory for examination for diagnosis for disease control or eradication purposes.

s 38 prev s 38 om 1993 SL No. 478s 2sch 1

pres s 38 amd 1991 SL No. 205s 3(1); 1997 SL No. 278s 3 sch; 2001 SL No. 134s 2 sch

amd 2004 SL No. 277s 16

39Buffer areas

An inspector may declare as much of the country surrounding an infected area as the inspector considers necessary to be a buffer area and stock shall not be removed from the buffer area without approval in writing of an inspector, who may inspect, test or treat the stock before granting the approval.

40Gates

A person shall not fail to close a gate, or secure it against being opened by stock where the gate is on or leading into land adjoining the boundary of an infected or declared area or a buffer area declared under section 39.

s 40 amd 1991 SL No. 205s 3(1)

pt hdg sub 2002 SL No. 351s 15

41Appointment of inspectors—Act, s 4D

(1)Each of the following classes of persons is declared to be an approved class of persons for section 4D of the Act—

(a)authorised officers or inspectors appointed under the Animal Care and Protection Act 2001;

(b)an authorised rescue officer under the Fire and Emergency Services Act 1990;

(c)security officers licensed under the Security Providers Act 1993;

(d)the following persons who are retired—

(i)inspectors of stock;

(ii)defence force personnel;

(iii)police officers;

(iv)veterinary surgeons;

(e)persons appointed or otherwise authorised under the law of a place outside the State—

(i)to act as an inspector of stock or police officer, or its equivalent, in the place; or

(ii)to practise veterinary science in the place;

(f)persons who—

(i)are the holders of a degree or diploma in veterinary science of a university or other body; and

(ii)teach veterinary science at a university or veterinary school;

(g)veterinary science students;

(h)police officers.

(2)In this section—

defence force personnel means members within the meaning of the Defence Act 1903 (Cwlth).

veterinary science has the meaning given under the Veterinary Surgeons Act 1936, section 2A.

veterinary science student means a person undertaking study to obtain a degree or diploma accredited by the Australasian Veterinary Boards Council Incorporated.

s 41 amd 1991 SL No. 205s 3(1); 1993 SL No. 478s 2sch 1

sub 2002 SL No. 351s 15

amd 2004 SL No. 277s 17; 2005 SL No. 101s 113; 2014 Act No. 17s 184sch 1 pt 3

pt hdg ins 1996 SL No. 21s 3

amd 2000 SL No. 323s 8

sub 2004 SL No. 277s 18

div hdg ins 2004 SL No. 277s 18

42Eradication program

A disease eradication program for bovine tuberculosis is established for the State.

s 42 ins 1996 SL No. 21s 3

sub 2000 SL No. 323ss 9–10

43Carrying out the program

(1)The program must be carried out under the standard definitions and rules.

(2)To remove any doubt, it is declared that a reference in the standard definitions to the chief veterinary officer or CVO includes a reference to—

(a)the State’s chief veterinary officer or CVO; or

(b)the chief inspector.

s 43 (prev s 45D) ins 1996 SL No. 21s 3

amd 1996 SL No. 190s 3; 2000 SL No. 323s 11

renum 2000 SL No. 323s 11(3)

amd 2004 SL No. 277s 19

div hdg ins 2004 SL No. 277s 20

amd 2014 SL No. 281s 4

43AEradication program

A disease eradication program for Johne’s disease is established for the State.

s 43A ins 2004 SL No. 277s 20

sub 2014 SL No. 281s 5

43BCarrying out the program

(1)This section provides for the carrying out of the disease eradication program established under section 43A.

(2)The program must be carried out under the following documents (the eradication program documents)—

(a)for stock, other than sheep—the document called ‘BJD standard definitions, rules and guidelines for the control of cattle strains of Mycobacterium paratuberculosis in cattle and for goats, deer and camelids’, edition 8, published in May 2012;

(b)for sheep—the document called ‘Standard definitions rules and guidelines for the management of ovine Johne’s disease in sheep and goats to support the national ovine Johne’s disease management plan 2013-2018’, 1st edition, interim version, published in May 2013.

Editor’s note—

1A copy of the documents may be inspected during office hours on business days at the department’s head office at 80 Ann Street, Brisbane.

2The document mentioned in paragraph (a) is also available on the following website: <www.animalhealthaustralia.com.au>.

(3)For this section, a reference in the eradication program documents to the chief veterinary officer or CVO includes a reference to—

(a)the State’s chief veterinary officer or CVO; or

(b)the chief inspector.

(4)This section applies to all strains of Johne’s disease regardless of whether the eradication program documents mention the strain.

(5)The chief inspector must take reasonable steps to investigate each suspected infection of Johne’s disease.

(6)An inspector may, if satisfied the relevant stock is or is suspected to be infected with Johne’s disease, exercise the inspector’s powers under section 14 of the Act in relation to the stock.

s 43B ins 2004 SL No. 277s 20

sub 2014 SL No. 281s 5

44Definition for div 1

In this division—

authorised testing person means—

(a)an authorised veterinary surgeon; or

(b)a government veterinary officer; or

(c)an inspector; or

(d)a person authorised in writing by the Minister or the chief inspector.

s 44 amd 2000 SL No. 323s 12; 2004 SL No. 277s 21

45Tuberculosis testing of stock

(1)A person other than an authorised testing person shall not test stock for tuberculosis with a test which involves the use of tuberculin or other biological preparation.

(2)An authorised testing person shall not test any stock for bovine tuberculosis unless—

(a)the chief inspector has directed the person so to do; and

(b)the testing—

(i)is limited to such class or classes of stock as designated by the chief inspector; and

(ii)carried out at such times, places and in conformity with such directions issued from time to time by the chief inspector; and

(c)the person keeps and maintains records of all testing and treatments of those stock carried out by the person, for inspection by the chief inspector.

(3)An authorised testing person who has subjected stock to a test involving the use of tuberculin or other biological product shall within 30 days furnish a tuberculin test record claim and declaration in the approved form to the divisional veterinary officer for the district in which the test was carried out or, where there is no divisional veterinary officer appointed, to the chief inspector, Brisbane.

(4)Where an authorised testing person finds in or upon any holding or premises any stock affected by bovine tuberculosis, the person shall—

(a)mark or brand the stock in the manner prescribed by section 46; and

(b)immediately forward a notification of tuberculin testing and reactor in the approved form to the chief inspector, or if such test has been made in a district where a divisional veterinary officer is stationed, to the divisional veterinary officer.

(5)Tuberculin used in the tuberculin test will comprise a preparation of bovine purified protein derivative, a preparation of avian purified protein derivative or other approved preparations suitable for the type of stock or type of test involved.

(6)A tuberculin test referred to in subsections (1) and (2) shall be performed with an approved type of single or multi dose syringe and needle with a means of accurately dispensing up to 0.1mL, and shall consist of—

(a)in respect of the single intradermal test for cattle, deer and pigs, a single injection at an approved site to 0.1mL of approved tuberculin and the observing, palpating and recording of the reaction at 72 hours or 96 hours after the injection; or

(b)in respect of the comparative tuberculin test for cattle, deer and pigs, intradermal injections at approved sites of up 0.1mL of approved tuberculins at separate sites, and the observing, palpating and recording of the reaction at 72 hours or 96 hours after the injections.

(7)The performance, observance, palpating, recording and interpretation of the tuberculin tests shall be as defined under the standard definitions and rules unless otherwise approved.

s 45 amd 1991 SL No. 205s 3(1)–(2); 1993 SL No. 478s 2sch 1; 2000 SL No. 323s 13; 2004 SL No. 277s 22; 2011 SL No. 110s 25

46Identification of tested stock

(1)Where an authorised testing person finds on or upon a holding or premises stock tested by the person to be affected with tuberculosis, the person shall if so required by the chief inspector—

(a)brand the stock by imprinting on the back or loin within 15cm of the midline on either side a broad arrow over the letter T; or

(b)paint brand the stock with letters, symbols or markings to indicate the disease status of the stock; or

(c)indicate the disease status of the stock by—

(i)inserting an ear tag in the ear; or

(ii)attaching a tail tag to the tail; or

(iii)applying to the stock, in the way required under the Stock Identification Regulation 2005, a permanent tag permitted or required under that regulation; or

(d)indicate the disease status of the stock by any combination of the above.

(2)Where stock are tested by an authorised testing person and found free from tuberculosis the person shall if so required by the chief inspector—

(a)brand the stock by imprinting on the back or loin within 15cm of the midline on either side a bar in crown; or

(b)paint brand the stock with letters, symbols or markings to indicate the disease status of the stock; or

(c)indicate the disease status of the stock by—

(i)inserting an ear tag in the ear; or

(ii)attaching a tail tag to the tail; or

(iii)applying to the stock, in the way required under the Stock Identification Regulation 2005, a permanent tag permitted or required under that regulation; or

(d)indicate the disease status of the stock by any combination of the above.

s 46 ins 2004 SL No. 277s 20

amd 2004 SL No. 277s 23; 2005 SL No. 101s 114; 2008 SL No. 342s 5

div hdg amd 2004 SL No. 277s 24

47Definition for div 2

In this division—

estimated market value, of stock, means the value of the stock, decided by the chief inspector, as if the stock were—

(a)free of disease; and

(b)sold and delivered on the holding on which the stock are located when ordered to be destroyed or disposed of.

s 47 sub 2000 SL No. 323ss 14–5

div hdg om 2000 SL No. 323s 14

48Deciding estimated market value

In deciding the estimated market value of stock, the chief inspector may consider the following—

(a)the stocks’ age, sex and breed;

(b)the stocks’ body condition and live weight;

(c)the place where the stock were destroyed or disposed of;

(d)the reasonable transport and selling costs the owner of the stock may have incurred in selling the stock if they had not been destroyed;

(e)other matters relevant to the condition or value of the stock when the stock were destroyed or disposed of.

s 48 amd 1991 SL No. 205s 3(1)–(2); 1993 SL No. 272s 4; 1993 SL No. 478s 2sch 1

sub 2000 SL No. 323ss 14–15

49Compensation

(1)An application for compensation under section 31 of the Act—

(a)must be in the approved form; and

(b)must be made—

(i)to the inspector responsible for the area in which the property of origin is located; and

(ii)within 2 months after the date of destruction or disposal of the stock.

(2)The owner of any stock affected by tuberculosis that are destroyed or disposed of under an order made under section 30(5A) or (5C) of the Act is entitled to the compensation specified in part A of the table.

(3)If any stock, the subject of compensation under subsection (2), have reacted to the prescribed test, the owner is entitled to the compensation specified in part A of the table and, if the market value of the stock exceeds that rate, the owner is entitled to further compensation up to the estimated market value of the stock.

(4)The owner of any cattle suspected of being infected with tuberculosis that are destroyed or disposed of after delivery to the Minister under an order under section 30(6) of the Act is entitled to compensation equivalent to the estimated market value of the cattle.

(5)If, during mustering, the owner under an order issued under section 30(6) of the Act, destroys cows or heifers with 1 or more permanent teeth, and the cattle are—

(a)suspected of being infected with tuberculosis; and

(b)identified—

(i)by a brand under the Brands Act 1915; or

(ii)in a way required under section 46(1)(c) that shows the cattle are infected with tuberculosis;

the owner is entitled to the compensation specified in part B of the table.

(6)If the owner destroys, under an order issued under section 30(6) of the Act, any cattle to which subsection (5) does not apply that are—

(a)suspected of being infected with tuberculosis; and

(b)are unmustered in the field;

the owner is entitled to compensation for the cattle at the rate of $62.50 per head.

(7)If the owner of stock is entitled to compensation under subsection (2), (3), (4), (5) or (6) the owner is entitled to additional compensation for any charges incurred by the owner with the prior written approval of an inspector in relation to the disposal of the carcasses of the stock.

(8)Payment of compensation under subsection (2), (3), (4), (5) or (6) is conditional upon the destruction or disposal of the stock being carried out—

(a)in accordance with the order or direction made under section 30 of the Act; and

(b)either—

(i)under the supervision of an inspector; or

(ii)with the prior written approval of an inspector specifying the maximum number of stock to be destroyed or disposed of.

(9)If stock are destroyed or disposed of under subsection (8)(b)(ii), evidence is to be delivered to an inspector that the destruction or disposal for which compensation is claimed was carried out.

(10)If costs have been incurred by the Minister in the recapture, destruction or disposal of straying or escaped stock, the amount of the costs are to be deducted from any compensation payable to the owner.

(11)The owner of stock the subject of a claim for compensation must provide the chief inspector with such information or particulars of the testing, identification and destruction or disposal of the stock concerned as the chief inspector considers necessary to determine the amount of compensation payable.

Table

Part A
Stock	Class of compensation per head $
Bulls	525.00
Dairy cows	550.00
Dairy heifers	500.00
Registered stud beef cows and heifers (1 or more permanent teeth)	500.00
Other cows and heifers (1 or more permanent teeth)	350.00
Other cattle (1 or more permanent teeth)	300.00
Weaners or yearlings	200.00
Calves	100.00
Entire horses and breeding mares free of clinical sign of infection	200.00
Other horses	50.00

Part B
Class of stock	Compensation per head $
Cows and heifers (1 or more permanent teeth)	175.00

s 49 prev s 49 amd reg pubd gaz 24 September 1988 p 413

om 1993 SL No. 272s 3

pres s 49 amd reg pubd gaz 5 March 1988 pp 1322; reg pubd gaz 16 April 1988 p 2188; reg pubd gaz 17 December 1988 pp 2189–93; reg pub gaz 1 July 1989 pp 2251–2

sub 1991 SL No. 205s 9

amd 1993 SL No. 478s 2sch 1; 2000 SL No. 323s 16; 2004 SL No. 277s 25; 2005 SL No. 101s 115

div hdg sub 2004 SL No. 277s 26

50Restrictions on use

A person must not use an exotic disease diagnostic test kit or method, unless—

(a)the test kit or method and its use by the person have been approved (a test kit or method approval); and

(b)any conditions of the approval are complied with.

s 50 prev s 50 om 1993 SL No. 9s 2 sch

pres s 50 ins 2004 SL No. 277s 26

51Applying for and obtaining test kit or method approval

(1)A person may, in the approved form, apply to the chief inspector for a test kit or method approval.

(2)The chief inspector must decide whether to grant or refuse the approval.

(3)The chief inspector may impose conditions on the approval not inconsistent with the conditions under section 52.

(4)If the chief inspector decides not to grant the approval, the chief inspector must give the applicant an information notice.

s 51 prev s 51 amd 1997 SL No. 278s 3 sch

om 2002 SL No. 351s 16

pres s 51 ins 2004 SL No. 277s 26

amd 2005 SL No. 51s 3

52General conditions for use

(1)This section applies to a person using an exotic disease diagnostic test kit or method under a test kit or method approval.

(2)If the use results in—

(a)a positive test; or

(b)a negative test specifically applied to exclude an agent not normally diagnosed in the State;

the person must give the chief inspector notice of the result (a result notice).

(3)A result notice must be given in the approved way and within the approved period.

(4)If there is no approved way, a result notice must be written.

(5)If there is no approved period, a result notice must be given within 24 hours after the person becomes aware of the result.

(6)If the person gives a result notice and the chief inspector asks or requires as a condition of use, the person must give an approved testing facility a duplicate sample of the thing tested within the reasonable period stated by the chief inspector.

(7)If the use resulted in a positive test the person must not disclose the result to anyone else, unless the disclosure is—

(a)by a result notice; or

(b)to a person performing functions under the Act or the Exotic Diseases in Animals Act 1981; or

(c)expressly permitted or required under this or another Act.

s 52 prev s 52 amd 1997 SL No. 278s 3 sch

om 2002 SL No. 351s 16

pres s 52 ins 2004 SL No. 277s 26

52ARestriction on disclosure of positive test result by person at an approved testing facility

(1)This section applies if—

(a)a person tests a duplicate sample mentioned in section 52(6) at an approved testing facility; and

(b)the test results in a positive test.

(2)The person must not disclose the result to anyone else, unless the disclosure is—

(a)to—

(i)the chief inspector; or

(ii)another person carrying out functions associated with the testing, at the facility; or

(iii)a person performing functions under the Act or the Exotic Diseases in Animals Act 1981; or

(b)expressly permitted or required under the Act or another Act.

s 52A ins 2004 SL No. 277s 26

53Order—Act, s 32

If an inspector issues an order under section 32 of the Act, the order must be in the approved form.

s 53 amd 1991 SL No. 205s 3(1); 1993 SL No. 478s 2sch 1; 2001 SL No. 134s 2 sch

sub 2002 SL No. 351s 17

54Orders may specify times, etc.

When issuing an order under section 53, the inspector may direct that the dipping or treating shall be carried out on the day and at the place and time specified in the order and may also direct that the stock shall be similarly dipped or treated on some specified subsequent day or days and at the same or some other specified place and time.

s 54 prev s 54 om 1993 SL No. 9s 2 sch

pres s 54 amd 1991 SL No. 205s 3(1); 2002 SL No. 351s 18

55Analysis of dipping fluid

An inspector may at any time take and submit check samples of dipping fluid for analysis.

pt hdg prev pt 8 hdg om 1997 SL No. 278s 6

pres pt 8 hdg ins 2001 SL No. 134s 4

div hdg prev div 1 hdg om 1997 SL No. 278s 6

pres div 1 hdg ins 2004 SL No. 277s 27

div hdg amd 2004 SL No. 277s 28(1)

56Purpose of div 1

(1)The purpose of this division is to prevent and control disease spread through the consumption of animal matter by stock.

(2)The purpose is achieved by imposing restrictions relating to the feeding of stock.

s 56 prev s 56 amd reg pubd 17 December 1988 pp 2189–93; reg pubd gaz 30 June 1990 pp 1357–8

om 1993 SL No. 9s 2 sch

pres s 56 ins 2001 SL No. 134s 4

amd 2004 SL No. 277s 28(2)

57Restrictions for animal and animal-contaminated matter

(1)This section applies in relation to stock, other than—

(a)dogs or cats; or

(b)caged pet birds, other than poultry; or

(c)zoo or circus animals, other than pigs or ruminants.

(2)A person must not do any of the following—

(a)feed, or direct or allow someone else to feed, animal matter or animal-contaminated matter to stock;

(c)allow, or fail to take every reasonable measure to prevent, stock access to animal matter or animal-contaminated matter;

(d)supply animal matter or animal-contaminated matter to someone else for the purpose of feeding it to stock.

Examples for subsection (2)(c) of reasonable measure—

1applying fertilizer containing animal matter to a stock grazing pasture for the sole purpose of fertilizing the pasture and, before and during the application of the fertilizer, restricting access by stock to the fertilizer

2lawfully discharging cattle feedlot effluent on a stock grazing pasture to dispose of the effluent

3disposing of animal matter or animal-contaminated matter at a dump site that is suitably fenced, or placing the matter in suitable bins or burying the matter in a deep pit on the site, to prevent access to the matter by feral cattle, feral pigs and feral goats

(3)For subsection (2)(a), the direct consumption by stock of animal matter or animal-contaminated matter, without human assistance or involvement, is not feeding matter to stock.

Example for subsection (3)—

faecal by-product of stock or carcasses consumed directly by other stock, without human assistance or involvement

(4)Also for subsection (2)(a), a person does not direct or allow someone else to feed matter to stock merely because the person supplies or transports the matter to the other person.

s 57 prev s 57 amd reg pubd gaz 17 December 1988 pp 2189–93; reg pubd gaz 30 June 1990 pp 1357–8

om 1993 SL No. 9s 2 sch

pres s 57 ins 2001 SL No. 134s 4

amd 2002 SL No. 351s 19; 2014 SL No. 170s 3

58Restriction on feeding ruminants—warning statement

(1)A person must not feed, or direct or allow someone else to feed, stock food to a ruminant if—

(a)the food is in, or has come from, a container that is, or was when the food was in the container, labelled with a ruminant feed warning statement; or

Note—

For the requirement in Queensland for the label and the statement, see the Standards Regulation, section 42 (Statement label must contain).

(b)the food has, at any time, been supplied in bulk to anyone and a ruminant feed warning statement has been given to anyone who received the food.

Note—

See the Standards Regulation, section 50(1)(b) and (2) (Labelling method).

(2)For subsection (1), a person does not direct or allow someone else to feed stock food to a ruminant merely because the person supplies or transports the stock food to the other person.

(3)In this section—

container includes package.

labelled includes labelled under the Standards Regulation, part 5.

ruminant feed warning statement means—

(a)the statement—

(i)‘DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS’; or

(ii)‘DO NOT FEED TO RUMINANTS’; or

(b)words to the effect of a statement mentioned in paragraph (a).

Standards Regulation means the Agricultural Standards Regulation 1997.

stock food see Standards Regulation, section 34.

s 58 prev s 58 amd 1991 SL No. 205s 10

om 1993 SL No. 9s 2 sch

pres s 58 ins 2001 SL No. 134s 4

amd 2014 SL No. 170s 4

59Exemptions for pt 8

(1)This section applies for a proceeding against a person for an offence against section 37(1) of the Act constituted by a contravention of this part.

(2)Subject to section 59AD, it is an exemption for the offence (an offence exemption) if the contravention was any of the following acts (each a relevant act)—

(a)feeding any of the following to stock—

(i)gelatin;

(ii)milk of Australian origin;

(iii)milk or a milk product lawfully imported into Australia;

(iv)a milk product made in Australia from—

(A)milk of Australian origin; or

(B)milk or a milk product lawfully imported into Australia;

(v)rendered animal fat;

(b)feeding meal to stock other than a ruminant;

(c)feeding animal matter or animal-contaminated matter to stock if—

(i)the source animal and the stock to which the matter is fed—

(A)are of the same species; and

(B)were born on the same property and have never left that property; and

(ii)the feeding is done by a veterinary surgeon, or carried out under a direction given by a veterinary surgeon, for an animal health purpose;

(d)feeding animal-contaminated matter to stock if the matter is used cooking fat or oil that has been treated under section 59AA;

(e)feeding animal-contaminated matter, other than used cooking fat or oil, to stock if the matter has been treated under a process approved by the chief veterinary officer under section 59AB;

(f)feeding animal matter or animal-contaminated matter to stock under research approved by the chief executive under section 59AC;

(g)directing or allowing someone else to carry out feeding mentioned in paragraph (a) to (f);

(h)allowing, or failing to take every reasonable measure to prevent, stock access to a thing that may be fed to the stock under paragraph (a) to (f);

(i)supplying a thing to someone else for the purpose of feeding mentioned in paragraph (a) to (f);

(j)using animal matter or animal-contaminated matter in a poisoned bait to kill dingoes or feral pigs.

(3)If an offence exemption applies to a relevant act, the person does not commit the offence that would otherwise be committed by the act.

(4)The Justices Act 1886, section 76 applies to an offence exemption.

(5)In this section—

milk product includes a milk by-product.

source animal—

(a)in relation to animal matter, means the animal of which the animal matter is a carcass or from which the animal matter is derived; or

(b)in relation to animal-contaminated matter, means the source animal under paragraph (a) for the relevant animal matter.

s 59 ins 2001 SL No. 134s 4

amd 2002 SL No. 351s 20; 2004 SL No. 277s 29

sub 2014 SL No. 170s 5

59AATreatment of used cooking fat or oil before feeding to stock

(1)This section states the requirement for treating animal-contaminated matter for section 59(2)(d).

(2)The matter must be treated by—

(a)heating it to at least 70ºC for at least 30 minutes; and

(b)while the matter is at least 70ºC, removing water and solids (including floatable solids) from it by both—

(i)filtration or screening; and

(ii)settling or centrifugation, then draining off the water and solids.

(3)If the stock to which the matter is to be fed is a ruminant, the matter must be processed so that not more than 2%w/w of the matter is moisture and insoluble impurities.

s 59AA ins 2014 SL No. 170s 6

59ABApproval of process for treating other matter before feeding to stock

(1)For section 59(2)(e), the chief veterinary officer may approve a process for treating matter only if satisfied the process will reduce the level of risk of transmission of an animal disease to a level equivalent to the level that would be achieved by treating the matter under section 59AA(2) and (3).

(2)The chief veterinary officer must publish each approval under subsection (1) on the department’s website.

s 59AB ins 2014 SL No. 170s 6

59ACApproval of research involving feeding stock

For section 59(2)(f), the chief executive may approve research if satisfied it will be conducted under controls that ensure—

(a)any risks posed by the research are able to be managed in a way that protects the health and safety of people and animals; and

(b)a person conducting the research will know the location of all stock involved in the research at all times.

s 59AC ins 2014 SL No. 170s 6

59ADChief executive may make emergency declaration suspending or limiting exemptions under s 59

(1)The chief executive may make a declaration under this section if satisfied that—

(a)there is an emergency involving an incursion of an exotic animal disease or an outbreak of an animal disease, or a significant risk of an incursion or outbreak; and

(b)to respond appropriately to the emergency, it is necessary to temporarily stop or limit the application of the offence exemptions or a particular offence exemption.

(2)The chief executive may, by signed notice published on the department’s website, declare that—

(a)for a stated relevant act, or for all relevant acts, no offence exemption applies; or

(b)for a stated relevant act, or for all relevant acts, an offence exemption applies only subject to a stated condition.

(3)The notice must state—

(a)the day on which the declaration commences, which may not be earlier than the day the notice is published on the department’s website; and

(b)the period, of not more than 30 days, for which the declaration has effect.

(4)The chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of its effect.

(5)However, a declaration is not invalid only because of a failure of the chief executive to comply with subsection (4).

(6)If a relevant act is done while a declaration applying to the relevant act is in force under this section—

(a)for a declaration under subsection (2)(a)—no offence exemption applies to the relevant act; or

(b)for a declaration under subsection (2)(b)—an offence exemption applies to the relevant act only to the extent stated in the declaration.

(7)In this section—

offence exemption see section 59(2).

relevant act see section 59(2).

s 59AD ins 2014 SL No. 170s 6

div hdg ins 2004 SL No. 277s 30

59APurpose of div 2

The purpose of this division is to prevent and control the residue disease consisting of the presence in the tissues of stock of any THC residue, caused by their consumption of particular plant matter.

s 59A ins 2004 SL No. 277s 30

59BRestrictions

(1)A person must not feed cannabis to stock or allow stock access to feed on cannabis, unless the cannabis is—

(a)processed cannabis; or

(b)oil extracted from processed cannabis; or

(c)meal ground from processed cannabis.

(2)In this section—

cannabis means—

(a)the plant Cannabis sativa, whether living or dead; or

(b)any part of the plant, whether living or dead.

industrial cannabis plant means a cannabis plant with a THC concentration in its leaves and flowering heads of no more than 1%.

processed cannabis means—

(a)industrial cannabis plants that have been harvested or chemically or mechanically treated or artificially treated in another way and have no leaf, flowers or seed; or

(b)seeds from industrial cannabis plants grown by a holder of a grower licence under the Drugs Misuse Act 1986, part 5B and denatured—

(i)on the place stated in the licence; or

(ii)by a person authorised, under a regulation made under section 48 of that Act, to denature the seed at another place.

s 59B ins 2004 SL No. 277s 30

pt hdg ins 2005 SL No. 51s 4

59CObject of pt 8A

The object of part 8A is to provide for measures to prevent or control Newcastle disease in commercial flocks.

s 59C ins 2005 SL No. 51s 4

59DDefinitions for pt 8A

In this part—

alternative vaccination program means a program for vaccinating domestic fowl against Newcastle disease.

Animal Health Australia means Australian Animal Health Council Ltd ACN 071 890 956.

def Animal Health Australia ins 2014 SL No. 170s 7(2)

approval, for a commercial flock, means the approval of the chief inspector under section 59OC for the flock to be included in the Newcastle disease surveillance program.

def approval ins 2014 SL No. 170s 7(2)

approved alternative vaccination program means an alternative vaccination program approved by the chief inspector under section 59M.

approved way means in the way stated in the standard operating procedures.

def approved way amd 2014 SL No. 170s 7(3)

authorised person means—

(a)an inspector; or

(b)a person authorised by the chief inspector to conduct audits under division 6.

biological monitoring, of a commercial flock, see section 59F.

def biological monitoring ins 2014 SL No. 170s 7(2)

class, of domestic fowl, means the type of domestic fowl by reference to its age or purpose.

Example—

breeder, day old chicken, layer, meat chicken, spent hen

commercial flock means 500 or more domestic fowl kept at a place.

corresponding surveillance program means a program that—

(a)corresponds to the Newcastle disease surveillance program; and

(b)is administered by an authority or official of another State whose functions under the other State’s laws correspond to the functions of the chief inspector under this part.

def corresponding surveillance program ins 2014 SL No. 170s 7(2)

epidemiological group see section 59E.

immediate slaughter, of domestic fowl introduced, means slaughter within 24 hours after leaving the fowl’s place of origin outside the State.

meat chicken means a chicken that—

(a)is being grown for meat; and

(b)is intended by its owner to be grown to an age of at least 12 weeks but not more than 24 weeks.

def meat chicken ins 2014 SL No. 170s 7(2)

Newcastle disease means the notifiable disease Newcastle disease.

Newcastle disease document means the document called ‘National Newcastle Disease Management Plan 2013–16’ published by Animal Health Australia.

Note—

The chief executive must publish the Newcastle disease document and make it available for inspection. See section 59FA.

def Newcastle disease document sub 2014 SL No. 170s 7(1)–(2)

Newcastle disease immune, for a domestic fowl, means the fowl shows the presence of adequate antibodies for Newcastle disease, as stated in the standard operating procedures, to give the fowl immunity against Newcastle disease.

def Newcastle disease immune amd 2014 SL No. 170s 7(4)

Newcastle disease surveillance program see section 59OA.

def Newcastle disease surveillance program ins 2014 SL No. 170s 7(2)

program application see section 59K(1).

serological monitoring ...

def serological monitoring om 2014 SL No. 170s 7(1)

standard operating procedures means the document called ‘Newcastle disease vaccination program—standard operating procedures’ published by Animal Health Australia.

Note—

The chief executive must publish the standard operating procedures and make them available for inspection. See section 59FA.

def standard operating procedures ins 2014 SL No. 170s 7(2)

vaccinate means to administer a vaccine in the way recommended by the manufacturer of the vaccine.

vaccination certificate, for domestic fowl, means a certificate—

(a)issued by an inspector of a department of another State that deals with matters relating to stock in that State; and

(b)certifying the fowl has been vaccinated under a program for vaccinating domestic fowl against Newcastle disease, approved by—

(i)a chief veterinary officer; or

(ii)an authority or official of another State whose functions under the other State’s laws correspond to the functions of the chief inspector.

vaccine means a vaccine to protect domestic fowl against Newcastle disease.

vaccine related activity means any of the following—

(a)purchasing vaccine;

(b)possessing vaccine for the purpose of vaccinating domestic fowl;

(c)vaccinating domestic fowl.

s 59D ins 2005 SL No. 51s 4

59EMeaning of epidemiological group in a commercial flock

(1)A group of domestic fowl in a commercial flock is an epidemiological group if—

(a)the group—

(i)is isolated from all other fowl; and

(ii)is managed as a single unit and under the same biosecurity conditions; and

(b)all the fowl in the group are the same breed, class and age group; and

(c)either—

(i)all the fowl in the group are vaccinated and have an equivalent vaccination status; or

(ii)not all the fowl in the group are vaccinated.

(2)In this section—

equivalent vaccination status, in relation to domestic fowl, means the fowl—

(a)have been vaccinated with the same type of vaccine; and

(b)are likely to have the same, or a similar, immunological status.

vaccinated, in relation to a domestic fowl, means the fowl—

(a)has been vaccinated—

(i)in the approved way; or

(ii)in accordance with an approved alternative vaccination program; or

(b)has a vaccination certificate.

s 59E ins 2005 SL No. 51s 4

sub 2014 SL No. 170s 8

59FMeaning of biological monitoring of a commercial flock

(1)Biological monitoring, of a commercial flock, means doing the following under this section—

(a)for a vaccinated flock—monitoring the effectiveness of a program for vaccinating the flock against Newcastle disease;

(b)for an unvaccinated flock—monitoring the flock for the presence of the Newcastle disease virus.

(2)Biological monitoring of a commercial flock includes—

(a)taking samples from domestic fowl in an epidemiological group in the flock; and

(b)testing the samples for the presence of Newcastle disease.

(3)The samples must be taken—

(a)in the approved way; or

(b)in another way approved by the chief inspector.

(4)The samples must be tested by a laboratory that—

(a)is accredited by NATA to conduct the monitoring; and

(b)is a participant in ANQAP.

(5)In this section—

ANQAP means the Australian National Quality Assurance Program.

NATA means the National Association of Testing Authorities, Australia.

sample, in relation to a domestic fowl, means—

(a)a specimen of the fowl’s blood; or

(b)a swab of the fowl’s trachea; or

(c)a swab of the fowl’s cloaca.

unvaccinated, in relation to a commercial flock, means a flock that includes one or more domestic fowl that have not been vaccinated.

vaccinated, in relation to a commercial flock, means that either of the following applies to each domestic fowl in the flock—

(a)the fowl has been vaccinated—

(i)in the approved way; or

(ii)in accordance with an approved alternative vaccination program;

(b)has a vaccination certificate.

s 59F ins 2005 SL No. 51s 4

sub 2014 SL No. 170s 9

59FAChief executive to publish documents

(1)The chief executive must publish the following documents on the department’s website—

(a)the Newcastle disease document;

(b)the standard operating procedures.

(2)The chief executive must also make the documents mentioned in subsection (1) available for inspection during business hours at the department’s head office.

s 59FA ins 2014 SL No. 170s 10

59GIntroducing domestic fowl

(1)A person must not introduce a domestic fowl to be placed into a commercial flock unless the fowl—

(a)has been vaccinated—

(i)in the approved way; or

(ii)in accordance with an approved alternative vaccination program; or

(b)is accompanied by a vaccination certificate; or

(c)is Newcastle disease immune before introduction.

(2)This section does not apply to a domestic fowl introduced for immediate slaughter.

(3)Also, subsection (1) does not apply to the introduction of a meat chicken to be placed into a commercial flock if—

(a)immediately before its introduction into the flock, the chicken was included in a corresponding surveillance program; and

(b)the flock into which the chicken is to be placed is included in the Newcastle disease surveillance program under division 3A.

s 59G ins 2005 SL No. 51s 4

amd 2014 SL No. 170s 11

59HDomestic fowl introduced from 1 April 2006 for immediate slaughter

(1)A person introducing on or after 1 April 2006 a domestic fowl for immediate slaughter must ensure the fowl—

(a)has been vaccinated—

(i)in the approved way; or

(ii)in accordance with an approved alternative vaccination program; or

(b)has a vaccination certificate; or

(c)is Newcastle disease immune.

(2)For subsection (1)(c), the fowl is Newcastle disease immune only if the chief inspector has signed a certificate stating the chief inspector is satisfied it is immune.

(3)However, subsection (1) does not apply to the introduction of a meat chicken for immediate slaughter if, in the chicken’s place of origin, the chicken is included in a corresponding surveillance program.

s 59H ins 2005 SL No. 51s 4

amd 2014 SL No. 170s 12

59IDomestic fowl reared in the State

(1)This section applies to a domestic fowl that has been hatched or reared in the State for placing in a commercial flock.

(2)A person must not place the fowl into a commercial flock unless—

(a)the fowl has been vaccinated—

(i)in the approved way; or

(ii)in accordance with an approved alternative vaccination program; or

(b)the person ensures the fowl is Newcastle disease immune at least 2 weeks before it is placed into the flock.

(3)Subsection (2) does not apply if the chief inspector has signed a certificate stating the chief inspector is satisfied the fowl is Newcastle disease immune.

(4)Also, subsection (2) does not apply to the placement of a meat chicken into a commercial flock if the flock is included in the Newcastle disease surveillance program under division 3A.

s 59I ins 2005 SL No. 51s 4

amd 2014 SL No. 170s 13

59JConditions

(1)A certificate under this division may be given on conditions.

(2)A person given a certificate must comply with the conditions of the certificate.

s 59J ins 2005 SL No. 51s 4

59KApplication for approved alternative vaccination program

(1)A person who is the owner of a commercial flock may apply to the chief inspector to have the flock vaccinated against Newcastle disease under an approved alternative vaccination program (a program application).

(2)The program application must—

(a)be made in the approved form; and

(b)state the following—

(i)the applicant’s name and address;

(ii)the class of domestic fowl to be vaccinated;

(iii)the number of doses of vaccine to be administered to the flock; and

(c)give details of the alternative vaccination program; and

(d)be supported by—

(i)evidence from a veterinary surgeon that vaccinating the commercial flock under the alternative vaccination program will make the flock Newcastle disease immune; and

(ii)enough other information to enable the chief inspector to decide the application.

s 59K ins 2005 SL No. 51s 4

59LBiological monitoring

The chief inspector may, after a program application is made, require biological monitoring of the commercial flock, the subject of the application, to decide whether the alternative vaccination program will make the flock Newcastle disease immune.

s 59L ins 2005 SL No. 51s 4

amd 2014 SL No. 170s 14

59MDeciding application

The chief inspector must consider each program application and decide to approve, or refuse to approve, the alternative vaccination program.

s 59M ins 2005 SL No. 51s 4

59NConditions

(1)The chief inspector may, in approving a person’s alternative vaccination program, impose conditions on the program that are relevant and reasonable.

(2)The person must comply with the conditions.

s 59N ins 2005 SL No. 51s 4

59ONotice of refusal of program application

The chief inspector must, as soon as practicable after making a decision as follows about a program application, give the applicant an information notice about the decision—

(a)a decision to refuse the application;

(b)a decision to impose conditions on the alternative vaccination program.

s 59O ins 2005 SL No. 51s 4

div hdg ins 2014 SL No. 170s 15

sdiv 1 (s 59OA) ins 2014 SL No. 170s 15

59OANewcastle disease surveillance program

(1)The Newcastle disease surveillance program is a program administered by the chief inspector for the purpose of monitoring unvaccinated commercial flocks, in a way mentioned in the Newcastle disease document, for the presence of the Newcastle disease virus.

(2)The program may include particular requirements applying to the owners of commercial flocks included in the program.

(3)Without limiting subsection (2), the program may include requirements about the following—

(a)carrying out the biological monitoring of commercial flocks when, and in the way, required by the chief inspector;

(b)giving the results of the biological monitoring of commercial flocks to the chief inspector;

(c)keeping records for inspection by the chief inspector, including records of any biological monitoring of commercial flocks.

(4)In this section—

records, of the biological monitoring of a commercial flock, includes the following—

(a)the name of the person who carried out the biological monitoring;

(b)the reason for carrying out the biological monitoring;

(c)the following information for each epidemiological group of domestic fowl in the flock—

(i)the fowl’s class, breed and age group;

(ii)the address of the place where the fowl are kept and the fowl’s location at the place;

Example—

A fowl’s location at a place may be given as a row number in a particular shed.

(iii)the number of fowl from which samples were taken;

(iv)the day the samples were taken;

(v)the results of tests carried out on the samples;

(vi)the interpretation of the results mentioned in subparagraph (v);

(vii)any action taken as a result of the biological monitoring and when the action was taken.

sample, in relation to a domestic fowl, see section 59F(5).

unvaccinated, in relation to a commercial flock, see section 59F(5).

sdiv 1 (s 59OA) ins 2014 SL No. 170s 15

sdiv 2 (ss 59OB–59OD) ins 2014 SL No. 170s 15

59OBApplication for inclusion of commercial flock in surveillance program

(1)The owner of a commercial flock may apply to the chief inspector for the flock to be included in the Newcastle disease surveillance program.

(2)The application must be in the approved form.

(3)The applicant also must provide any other relevant information reasonably required by the chief inspector to decide the application.

sdiv 2 (ss 59OB–59OD) ins 2014 SL No. 170s 15

59OCDeciding application

(1)The chief inspector must consider the application and decide to approve, or refuse to approve, the application.

(2)The chief inspector must approve the application unless either or both of the following apply—

(a)the applicant has been granted an approval for a commercial flock that was cancelled under section 59OI;

(b)the applicant has been convicted of an offence against section 37(1) of the Act constituted by a contravention of this part.

(3)The chief inspector may approve the application on stated conditions, including conditions about the matters mentioned in section 59OA(3).

(4)The chief inspector must give the applicant a written notice of the decision on the application.

sdiv 2 (ss 59OB–59OD) ins 2014 SL No. 170s 15

59ODNotice of refusal or approval subject to conditions

If the chief inspector refuses the application or approves the application on conditions, the chief inspector must give the applicant an information notice about the decision.

sdiv 2 (ss 59OB–59OD) ins 2014 SL No. 170s 15

sdiv 3 (ss 59OE–59OJ) ins 2014 SL No. 170s 15

59OEGrounds for cancelling approval

Each of the following is a ground for cancelling an approval for a commercial flock—

(a)the chief inspector believes the owner of the flock has not complied, or is not complying, with a requirement of the program;

(b)since the approval for the flock was given, the owner of the flock has been convicted of an offence against section 37(1) of the Act constituted by a contravention of this part.

sdiv 3 (ss 59OE–59OJ) ins 2014 SL No. 170s 15

59OFShow cause notice

(1)This section applies if the chief inspector believes a ground exists to cancel an approval for a commercial flock.

(2)The chief inspector must give the owner of the flock a notice (a show cause notice) stating the following—

(a)that the chief inspector proposes to cancel the approval for the flock;

(b)the grounds for the proposed cancellation of the approval for the flock;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)that the owner may, within a stated period (the show cause period), make written representations to the chief inspector to show why the approval for the flock should not be cancelled.

(3)The show cause period must end at least 28 days after the owner of the flock is given the show cause notice.

sdiv 3 (ss 59OE–59OJ) ins 2014 SL No. 170s 15

59OGRepresentations about show cause notice

(1)The owner of the commercial flock may, within the show cause period, make written representations to the chief inspector about why the approval for the flock should not be cancelled.

(2)The chief inspector must consider all representations (the accepted representations) made under subsection (1).

sdiv 3 (ss 59OE–59OJ) ins 2014 SL No. 170s 15

59OHEnding show cause process without further action

If, after considering the accepted representations for a show cause notice, the chief inspector no longer believes a ground exists to cancel the approval for the commercial flock, the chief inspector—

(a)must not take any further action about the show cause notice; and

(b)must give the owner of the flock a notice that no further action is to be taken about the show cause notice.

sdiv 3 (ss 59OE–59OJ) ins 2014 SL No. 170s 15

59OICancellation of approval

(1)This section applies if—

(a)there are no accepted representations for the show cause notice; or

(b)after considering the accepted representations for the show cause notice, the chief inspector—

(i)still believes a ground exists to cancel the approval for the commercial flock; and

(ii)believes the cancellation of the approval for the flock is warranted.

(2)The chief inspector may cancel the approval for the flock.

(3)If the chief inspector decides to take action under subsection (2), the chief inspector must as soon as practicable give the owner of the flock an information notice for the decision.

(4)The decision takes effect on the later of the following—

(a)the day the information notice is given to the owner;

(b)the day stated in the information notice for that purpose.

sdiv 3 (ss 59OE–59OJ) ins 2014 SL No. 170s 15

59OJVaccination of commercial flock on cancellation of approval

(1)This section applies if the chief inspector gives the owner of the commercial flock an information notice under section 59OI.

(2)The chief inspector may give the owner of the flock a notice requiring the owner to have the flock vaccinated against Newcastle disease—

(a)in the way stated in the notice; and

(b)by the date stated in the notice, which must be at least 7 business days after the notice is given to the owner.

(3)The owner of the flock must comply with the notice unless the owner has a reasonable excuse.

sdiv 3 (ss 59OE–59OJ) ins 2014 SL No. 170s 15

sdiv 4 (ss 59OK–59OP) ins 2014 SL No. 170s 15

59OKSuspension of surveillance program

(1)The chief executive may make a declaration under this section if satisfied that—

(a)there is an emergency involving an incursion or outbreak of Newcastle disease, or a significant risk of an incursion or outbreak of the disease; and

(b)to respond appropriately to the emergency, it is necessary to suspend the Newcastle disease surveillance program—

(i)throughout the entire State; or

(ii)in a particular geographical area.

(2)The chief executive may, by signed notice published on the department’s website, declare that the program is suspended.

(3)The notice must state—

(a)the day on which the declaration commences, which may not be earlier than the day the notice is published on the department’s website; and

(b)whether the declaration applies for the entire State or for a particular geographical area; and

(c)if the declaration applies only for a particular geographical area—details of the area for which the declaration applies.

(4)Also, the notice must state—

(a)the period for which the declaration has effect; or

(b)that the declaration has effect until the chief executive publishes a notice under section 59OL.

(5)The chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of its effect.

(6)However, a declaration is not invalid only because of a failure of the chief executive to comply with subsection (5).

sdiv 4 (ss 59OK–59OP) ins 2014 SL No. 170s 15

59OLResumption of surveillance program

(1)The chief executive may make a declaration under this section if satisfied there is no longer—

(a)an emergency involving an incursion or outbreak of Newcastle disease; or

(b)a significant risk of an incursion or outbreak of Newcastle disease.

(2)The chief executive may, by signed notice published on the department’s website, declare that the suspension of the Newcastle disease surveillance program is ended.

(3)The notice must state—

(a)the day on which the declaration commences, which may not be earlier than the day the notice is published on the department’s website; and

(b)if the declaration under section 59OK applies for a particular geographical area—details of the area for which the declaration under this section applies.

(4)The chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of its effect.

sdiv 4 (ss 59OK–59OP) ins 2014 SL No. 170s 15

59OMEffect of suspension on approvals for commercial flocks

While a declaration is in force under section 59OK—

(a)for a declaration that applies for the entire State—an approval for a commercial flock is taken not to have been given; or

(b)for a declaration that applies for a particular geographical area—an approval for a commercial flock kept within the geographical area is taken not to have been given.

sdiv 4 (ss 59OK–59OP) ins 2014 SL No. 170s 15

59ONCancellation of surveillance program

(1)The chief executive may make a declaration under this section cancelling the Newcastle disease surveillance program if satisfied that the program has not been successful in demonstrating that unvaccinated commercial flocks can be managed without the risk of contracting Newcastle disease.

(2)The chief executive may, by signed notice published on the department’s website, declare that the program is cancelled.

(3)The notice must state the day on which the declaration takes effect, which may not be earlier than the day the notice is published on the department’s website.

(4)The chief executive must take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of its effect.

(5)However, a declaration is not invalid only because of a failure of the chief executive to comply with subsection (4).

sdiv 4 (ss 59OK–59OP) ins 2014 SL No. 170s 15

59OOEffect of cancellation on approvals for commercial flocks

On and from the cancellation of the Newcastle disease surveillance program under section 59ON, an approval for a commercial flock is taken not to have been given.

sdiv 4 (ss 59OK–59OP) ins 2014 SL No. 170s 15

59OPVaccination of commercial flocks on suspension or cancellation of surveillance program

(1)This section applies if the chief inspector—

(a)suspends the Newcastle disease surveillance program under section 59OK; or

(b)cancels the Newcastle disease surveillance program under section 59ON.

(2)The chief inspector may give the owner of an approved commercial flock a notice requiring the owner to have the flock vaccinated against Newcastle disease—

(a)in the way stated in the notice; and

(b)by the date stated in the notice, which must be at least 7 business days after the notice is given to the owner.

(3)The owner must comply with the notice unless the owner has a reasonable excuse.

(4)In this section—

approved commercial flock means a commercial flock that, immediately before the suspension or cancellation of the Newcastle disease surveillance program, was the subject of an approval.

sdiv 4 (ss 59OK–59OP) ins 2014 SL No. 170s 15

59PRestriction on carrying out vaccine related activity

A person must not carry out a vaccine related activity unless the person has a permit for the activity.

s 59P ins 2005 SL No. 51s 4

59QApplications to carry out vaccine related activity

(1)A person may, in the approved form, apply to the chief inspector for a permit to carry out a vaccine related activity.

(2)The chief inspector must consider each application and decide to grant, or refuse to grant, the permit.

(3)The chief inspector must, as soon as practicable after making a decision about an application, give the applicant an information notice about the decision.

s 59Q ins 2005 SL No. 51s 4

59RObligation to notify chief inspector of adverse reaction

(1)This section applies to a person who vaccinates a domestic fowl if the fowl suffers an adverse reaction to the vaccine.

(2)The person must, within 48 hours after becoming aware that the fowl is having, or has had, an adverse reaction to the vaccine, give an inspector written or oral notice of the reaction to the vaccine.

Examples of adverse reaction—

•pronounced swelling, particularly at the vaccine’s injection site

•anaphylaxis

•death

(3)If the notice is given orally, the person must give the chief inspector written confirmation of the adverse reaction.

s 59R ins 2005 SL No. 51s 4

59SChief inspector may require biological monitoring

(1)The chief inspector may, by written notice, require biological monitoring of a commercial flock in any of the following circumstances—

(a)to test the effectiveness of an alternative vaccination program for the flock;

(b)if the chief inspector believes on reasonable grounds that there is an outbreak, or suspected outbreak, of Newcastle disease—to test for the presence of Newcastle disease in the flock;

(c)to test whether the flock has been vaccinated;

(d)to investigate the effectiveness of—

(i)a vaccine given to the flock; or

(ii)a program of vaccination for the flock;

(e)the chief inspector believes on reasonable grounds it is necessary or desirable for the prevention or control of Newcastle disease.

(2)The chief inspector must, as soon as practicable after deciding to make the requirement, give the owner of the flock an information notice about the decision.

(3)The owner of the flock must, unless the owner has a reasonable excuse—

(a)carry out biological monitoring of the flock; and

(b)give the chief inspector the results of the tests carried out under the monitoring.

s 59S ins 2005 SL No. 51s 4

amd 2014 SL No. 170s 16

59TRecords generally

A person who is required to keep records under this division must keep the records in a way that enables an authorised person to do the following—

(a)decide whether the person has complied with this part;

(b)trace from the records the history of vaccination of domestic fowl;

(c)properly and conveniently monitor the records for compliance.

s 59T ins 2005 SL No. 51s 4

59USupplying vaccine

A person who supplies vaccine to another person (the receiver) must, unless the person has a reasonable excuse, keep the following records for at least 2 years after supplying the vaccine to the receiver—

(a)the receiver’s name and contact details;

(b)the business name, if any, under which the receiver carries on business;

(c)the vaccine’s name, type, batch number and expiry date;

(d)the number of doses of vaccine supplied;

(e)the day the vaccine is supplied.

s 59U ins 2005 SL No. 51s 4

59VReceiving vaccine

A person who receives vaccine from another person (the supplier) must, unless the person has a reasonable excuse, keep the following records for at least 2 years after receiving the vaccine—

(a)the supplier’s name and contact details;

(b)the business name, if any, under which the supplier carries on business;

(c)the vaccine’s name, type, batch number and expiry date;

(d)the number of doses of vaccine received;

(e)the day the vaccine is received.

s 59V ins 2005 SL No. 51s 4

59WVaccinated fowl

A person who is the owner of domestic fowl vaccinated under this part must, unless the person has a reasonable excuse, keep each of the following records for the fowl for at least 2 years—

(a)a copy of the relevant permit granted under section 59Q(2);

(b)the name and contact details of the person who supplied the vaccine;

(c)the name and contact details of the person who vaccinated the fowl;

(d)the vaccine’s name, type, batch number and expiry date;

(e)the total number of doses of vaccine given to the fowl;

(f)the address of the place where the fowl was vaccinated and the fowl’s location at the place;

Example—

A fowl’s location may be given as a row number in a particular shed.

(g)the day the fowl was vaccinated;

(h)the fowl’s class, breed and age group.

s 59W ins 2005 SL No. 51s 4

59XDisposing of vaccine

(1)This section applies to a person who disposes of vaccine, other than by supplying the vaccine to another person.

(2)The person must, unless the person has a reasonable excuse, keep the following records for at least 2 years after disposing of the vaccine—

(a)the vaccine’s name, type, batch number and expiry date;

(b)the day the vaccine is disposed of;

(c)the number of doses of vaccine disposed of;

(d)the method of disposal.

s 59X ins 2005 SL No. 51s 4

59YVaccination certificate

(1)This section applies to a person who is the owner of a commercial flock if a domestic fowl is introduced and placed into the flock.

(2)If the domestic fowl is accompanied by a vaccination certificate for the fowl, the person must, unless the person has a reasonable excuse, keep a copy of the vaccination certificate for at least 2 years.

s 59Y ins 2005 SL No. 51s 4

59ZRecords—biological monitoring

(1)This section applies to the owner of a commercial flock if biological monitoring of the flock is carried out because the chief inspector requires the monitoring under section 59L or 59S.

(2)The owner must, unless the owner has a reasonable excuse, keep the following records of the biological monitoring for at least 2 years—

(a)the name of the person who carried out the biological monitoring;

(b)the reason for carrying out the biological monitoring;

(c)the following information for each epidemiological group of domestic fowl in the commercial flock—

(i)the fowl’s class, breed and age group;

(ii)the address of the place where the fowl were vaccinated and the fowl’s location at the place;

Example—

A fowl’s location at a place may be given as a row number in a particular shed.

(iii)the number of fowl from which samples were taken;

(iv)the day the samples were taken;

(v)the results of tests carried out on the samples;

(vi)the interpretation of the results mentioned in subparagraph (v);

(vii)any action taken as a result of the biological monitoring and when the action was taken.

(3)In this section—

sample, in relation to a domestic fowl, see section 59F(5).

s 59Z ins 2005 SL No. 51s 4

amd 2014 SL No. 170s 17

59ZAPlaces, activities and records

(1)An authorised person may, at any reasonable time, carry out monitoring of places, activities or records to ensure compliance with this part.

(2)To remove any doubt, it is declared that subsection (1) does not empower an authorised person to enter a place or carry out the monitoring mentioned in subsection (1) (the activity) in relation to the place unless—

(a)the owner or occupier of the place consents; or

(b)the activity is authorised under the Act.

Note—

See sections 32, 33 and 34 of the Act.

s 59ZA ins 2005 SL No. 51s 4

pt hdg prev pt 9 hdg om 2001 SL No. 134s 2 sch

pres pt 9 hdg ins 2001 SL No. 134s 2 sch

60Identification of stock

(1)Where stock are tested or treated an inspector may, for the purpose of identification of the stock, cause the stock to be tagged, marked or branded with a brand, other than fire brand, approved by the Minister.

(2)A person shall not prevent or obstruct an inspector in the tagging, marking or branding of tested or treated stock.

61Segregation of stock at sales and shows

(1)The chief inspector may, for the purpose of preventing or controlling the spread of disease, by order in writing—

(a)prohibit the holding of shows or sales of stock, or any other gathering of stock; or

(b)permit such gatherings of stock subject to the isolation or segregation of any class or category of stock or the testing or treatment of the stock or any other conditions specified in the order.

(2)The order made under subsection (1) shall be given to the owner of the stock or the person apparently having charge or control of the show, sale or gathering of any stock.

s 61 amd 1991 SL No. 205s 3

62Examination of brands

An inspector or police officer may, for the purpose of identifying stock, clip or cause to be clipped, or otherwise remove, the hair from portions of any stock or carcass for the purpose of examining the brands upon the stock, or for the purpose of ascertaining if there are any brands on the stock.

s 62 prev s 62 amd 1993 SL No. 478s 2sch 1

om 1997 SL No. 278s 6

63Manner prescribed for destruction, removal and disposal—Act, s 15

For section 15(1A) to (1D) of the Act, the manner prescribed is—

(a)any manner consistent with the document called the ‘Australian Veterinary Emergency Plan (AUSVETPLAN)’, approved by the Agriculture and Resource Management Council of Australia and New Zealand (now called the Primary Industries Ministerial Committee); or

Editor’s note—

The document is available for inspection during office hours on business days at the department’s head office at 80 Ann Street, Brisbane. The document is also available on the following website: <www.animalhealthaustralia.com.au>.

(b)any other approved manner.

s 63 prev s 63 om 1997 SL No. 278s 6

pres s 63 (prev s 7BA) ins 1994 SL No. 376s 3

renum and reloc 2001 SL No. 134s 2 sch

sub 2004 SL No. 277s 31

64Rate of compensation for destruction of diseased stock

The prescribed rate of compensation for section 17 of the Act is market value.

s 64 prev s 64 amd 1993 SL No. 478s 2sch 1

om 1997 SL No. 278s 6

pres s 64 (prev s 7BB) ins 1994 SL No. 376s 3

amd 2001 SL No. 134s 2 sch

renum and reloc 2001 SL No. 134s 2 sch

div hdg om 1997 SL No. 278s 6

65Mode of assessing value of destroyed stock

(1)The market value of stock destroyed under this Act, in respect of which compensation may be payable, shall be assessed by the owner and an officer of the Department of Primary Industries approved by the Minister.

(2)In the event of a failure to agree in the determination of the market value of the stock, the Minister upon request of an owner shall appoint a registered valuer to decide the value, whose decision shall be final, and costs incurred in the valuation shall be born equally by the parties.

(3)However, this section shall not apply to those stock destroyed or disposed of under section 30 of the Act.

s 65 prev s 65 om 1997 SL No. 278s 6

pres s 65 amd 1991 SL No. 205s 3

66Carriage of ticks prohibited

(1)A person shall not, without the approval in writing of the chief inspector, collect, carry, keep or send through the post or otherwise or shall in any way knowingly be concerned in the collection, carriage, keeping or sending of any cattle ticks or eggs of cattle ticks.

(2)However, this section shall not apply to the collection of specimens for immediate submission in a sealed container to an approved laboratory for examination or diagnosis.

s 66 prev s 66 om 1997 SL No. 278s 6

pres s 66 amd 1991 SL No. 205s 3(1)

68Fees

(1)The fees payable under the Act are stated in schedule 7.

(2)A fee that relates to the treatment of stock or a vehicle is to be paid by the owner of the stock or vehicle.

(3)A fee is not payable in relation to a horse that—

(a)is owned by a contract drover or contract musterer who uses the horse for droving or mustering; or

(b)is being moved within a holding that is intersected by a boundary of the Queensland cattle tick infected zone; or

(c)is a working horse being repeatedly travelled to and from neighbouring holdings in the same ownership, 1 of which—

(i)is situated within the boundaries of the Queensland cattle tick infected zone; or

(ii)has been placed in quarantine by an inspector; or

(iii)is the subject of an undertaking in relation to cattle tick entered into by the owner of the holding under section 14(2) of the Act; or

(iv)is a cattle tick infected property that is not within the Queensland cattle tick infected zone and is the subject of an approved cattle tick eradication program; or

(v)is contiguous with a holding mentioned in subparagraph (ii), (iii) or (iv) or a boundary of the Queensland cattle tick infected zone; or

(d)is being travelled to or from an annual show conducted by a member society of the Queensland Chamber of Agricultural Societies.

(4)A fee is not payable in relation to buffaloes, camels, cattle, deer, goats or sheep that are being travelled—

(a)to or from an annual show conducted by a member society of the Queensland Chamber of Agricultural Societies; or

(b)within or out of a holding that—

(i)has been placed in quarantine by an inspector, the owner of which is carrying out an approved cattle tick eradication program; or

(ii)is the subject of an undertaking in relation to cattle tick entered into by the owner of the holding under section 14(2) of the Act and the property is the subject of an approved cattle tick eradication program; or

(iii)is contiguous with a holding mentioned in subparagraph (i), (ii) or (v) or a boundary of the Queensland cattle tick infected zone; or

(iv)is intersected by a boundary of the Queensland cattle tick infected zone and the property is the subject of an approved cattle tick eradication program; or

(v)is a cattle tick infected property that is not within the Queensland cattle tick infected zone and is the subject of an approved cattle tick eradication program.

s 68 prev s 68 om 1997 SL No. 278s 6

pres s 68 (prev s 5A) ins 1993 SL No. 9s 2 sch

amd 1993 SL No. 252s 4 (retro); 2001 SL No. 134s 2 sch

reloc and renum 2001 SL No. 134s 2 sch

amd 2005 SL No. 331s 4

section 3

actinobacillosis

actinomycosis

African horse sickness

African swine fever

anaplasmosis

anthrax

arthritis

aspergillosis

Aujeszky’s disease

Australian lyssavirus (including bat lyssavirus) infection

avian encephalomyelitis (epidemic tremor)

avian influenza

avian metapneumovirus (turkey rhinotracheitis)

avian monocytosis (blue-comb)

avian mycoplasmosis (chronic respiratory disease, infectious synovitis)

avian paramyxovirus

babesiosis

black disease

black leg

bluetongue

Borna disease

botulism

bovine spongiform encephalopathy

Braula fly infestation

brucellosis

buffalo fly (Siphona exigua)

Campylobacter fetus infection (formerly called vibriosis)

cancer

candidiasis

caprine retrovirus

caseous lymphadenitis

cattle tick (Boophilus microplus) infestation

Chagas disease

chronic wasting disease of deer

classical swine fever

coccidiosis

contagious agalactia

contagious bovine pleuropneumonia

contagious caprine pleuropneumonia

contagious ecthyma (scabby mouth)

contagious equine metritis

contagious mastitis

coryza (fowls)

cowpox

Crimean-Congo haemorrhagic fever

cysticercosis

distemper

dourine

duck virus enteritis (duck plague)

duck virus hepatitis

east coast fever

encephalitides (tick borne)

encephalomyocarditis (swine)

enteritis (ducks)

enterohepatitis (black-head)

enterotoxaemia

enzootic bovine leucosis

enzootic pneumonia of swine

eperythrozoonosis

ephemeral fever

epididymitis

epithelioma or cancer of eye

epizootic haemorrhagic disease

epizootic lymphangitis

equine coital exanthema

equine encephalomyelitis

equine encephalosis

equine herpes virus infection

equine infectious anaemia

equine influenza

equine viral arteritis

erysipelas

eye worm (Oxyspirura mansoni)

facial eczema

fascioliasis

feline calcivirus infection

feline infectious enteritis

feline rhinotracheitis

filariasis

foot and mouth disease

footrot

fowl cholera

fowl pox

fowl typhoid

gapes (Syngamus trachea)

Getah virus infection

glanders

Glasser’s disease

goat pox

haemagglutinating encephalomyelitis virus

haemonchosis

haemorrhagic septicaemia

heartwater

heatstroke

Hendra virus (formerly named equine morbillivirus) infection

hepatitis

hexamitiasis

horse pox

hydatid (Echinococcus granulosis)

Ibaraki disease

inclusion body hepatitis

inclusion body rhinitis

infectious atrophic rhinitis

infectious bronchitis (fowls)

infectious bursal disease

infectious canine hepatitis

infectious laryngotracheitis

infectious rhinitis

infectious rhinotracheitis

infectious serositis (ducks)

Japanese encephalitis

Jembrana disease

Johne’s disease

leptospirosis

leucosis

lice infestation

listeriosis

louping ill

lumpy skin disease

lung worm infestation

lymphosarcoma

Maedi-Visna

malignant catarrh

malignant catarrhal fever

malignant oedema

Marek’s disease

melioidosis

Menangle virus (porcine paramyxovirus) infection

mite infestation

mucosal disease

mycosis

Nairobi sheep disease

Newcastle disease

Nipah virus infection

oedema disease (swine)

oesophagostomiasis

omphalitis

ophthalmia

papilloma

paramphistomiasis

pasteurellosis

peste des petits ruminants

pestivirus

piroplasmosis

porcine cysticercosis (Cysticercus cellulosae)

porcine myocarditis

porcine reproductive and respiratory syndrome

post-weaning multisystemic wasting syndrome

Potomac fever

poultry tick (Argas persicus)

pregnancy toxaemia (sheep)

psittacosis (ornithosis)

pullorum disease (Salmonella pullorum)

pulmonary adenomatosis (Jaagsiekte)

pustular vaginitis (bovine)

rabies

residue disease

rickettsiasis

Rift Valley fever

rinderpest

salmonellosis

scrapie

screw worm fly infestation

septicaemia

Sheep ked (Melophagus ovinus)

sheep pox

sheep scab

sinusitis (turkeys)

sparganosis

spirochaetosis

stickfast flea (Echidnophaga gallinacea)

strangles

surra

swine dysentery

swine influenza

swine pox

swine vesicular disease

taeniasis

Talfan disease (swine)

Teschen disease (swine)

tetanus

tick (Haemaphysalis bancrofti)

tick (Haemaphysalis longicornis)

toxaemic jaundice

toxoplasmosis

transmissible gastroenteritis

transmissible spongiform encephalopathy

trichinellosis

trichomoniasis (bovine)

trichostrongylosis

tropilaelaps mite infestation

trypanosomiasis

tuberculosis

tularaemia

tumours

turkey coryza

turkey pox

variola

vent gleet

vesicular exanthema

vesicular stomatitis

virus abortion

virus pneumonia

warble fly infestation

Wesselsbron disease

Western, Eastern and Venezuelan equine encephalomyelitis

West Nile virus infection - clinical

amd reg pubd gaz 10 June 1989 pp 938–40

sub 1993 SL No. 478 s 8

amd 1994 SL No. 376 s 4; 1996 SL No. 322 s 3; 2001 SL No. 134 ss 7, 2 sch; 2002 SL No. 351 s 22; 2004 SL No. 277 s 32; 2006 SL No. 188 s 3; 2011 SL No. 203 s 5; 2015 SL No. 58 s 5

section 26

Brucella melitensis

Infectious bovine rhinotracheitis

Ovine brucellosis vaccine

Rabies Vaccine

Yersina pestis

an animal pathogen or biological preparation not approved or registered under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth)

an exotic disease diagnostic test kit or method

sub 2001 SL No. 134 s 2 sch

amd 2002 SL No. 351 s 23; 2004 SL No. 277 s 34

section 4

African swine fever

anaplasmosis, if the disease occurs outside a cattle tick infected zone

anthrax

Aujeszky’s disease

Australian bat lyssavirus

avian influenza

avian metapneumovirus (turkey rhinotracheitis)

avian mycoplasmosis (M. synoviae)

avian paramyxovirus

babesiosis, if the disease occurs outside a cattle tick infected zone

bluetongue (clinical disease)

Borna disease

bovine virus diarrhoea type 2

brucellosis (B. abortus, B. suis, B. canis and B. melitensis)

camelpox

cattle tick (Boophilus microplus) infestation, if the disease occurs outside a cattle tick infected zone

Chagas’ disease (T. cruzi)

classical swine fever

contagious agalactia

contagious bovine pleuropneumonia

contagious caprine pleuropneumonia

contagious equine metritis

Crimean Congo Haemorrhagic Fever

Devil Facial Tumour Disease

dourine

duck virus enteritis (duck plague)

duck virus hepatitis

East Coast fever

encephalitides (tick borne)

enzootic bovine leucosis

epizootic haemorrhagic disease

epizootic lymphangitis

equine encephalomyelitis (eastern, western and Venezuelan)

equine encephalosis

equine herpes virus 1 (abortigenic and neurological strains)

equine infectious anaemia

equine influenza

equine piroplasmosis (Babesia equi, Babesia caballi and Theileria equi)

equine viral arteritis

foot and mouth disease

Getah virus infection

glanders

haemorrhagic septicaemia

heartwater

Hendra virus infection

infectious bursal disease (hypervirulent and exotic antigenic variant forms)

infectious laryngotracheitis

Japanese encephalitis

Jembrana disease

Johne’s disease

leishmaniosis of any species

louping ill

lumpy skin disease

Maedi-Visna

malignant catarrhal fever (wildebeest associated)

Menangle virus infection

Nairobi sheep disease

Newcastle disease (virulent)

Nipah virus infection

peste des petits ruminants

porcine cysticercosis (C. cellulosae)

porcine enterovirus encephalomyelitis (Teschen)

porcine myocarditis (Bungowannah virus infection)

porcine reproductive and respiratory syndrome

post-weaning multisystemic wasting syndrome

Potomac fever

pullorum disease (Salmonella pullorum)

pulmonary adenomatosis (Jaagsiekte)

rabies

residue disease

Rift Valley fever

rinderpest

salmonella enteritidis infection in poultry

salmonellosis (S. abortus-equi)

salmonellosis (S. abortus-ovis)

screw-worm fly - New World (Cochliomyia hominivorax)

screw-worm fly - Old World (Chrysomya bezziana)

sheep pox and goat pox

sheep scab

surra (Trypanosoma evansi)

swine influenza

swine vesicular disease

transmissible gastroenteritis

transmissible spongiform encephalopathies (bovine spongiform encephalopathy, chronic wasting disease of deer, feline spongiform encephalopathy, scrapie)

trichinellosis

trypanosomiasis

tuberculosis (mammalian or avian)

tularaemia

vesicular exanthema

vesicular stomatitis

warble-fly myiasis

Wesselsbron disease

West Nile virus infection - clinical

ins 1993 SL No. 478 s 9

amd 1994 SL No. 376 s 5; 1996 SL No. 322 s 4; 2001 SL No. 134 ss 7, 2 sch

sub 2002 SL No. 351 s 25

amd 2004 SL No. 132 s 3; 2005 SL No. 331 s 5; 2006 SL No. 188 s 4

sub 2010 SL No. 59 s 3

amd 2011 SL No. 203 s 6; 2014 SL No. 281 s 6; 2015 SL No. 58 s 6

section 68(1)

ins 1993 SL No. 9 s 2 sch

amd 1993 SL No. 252 s 5 (retro)

sub 1997 SL No. 61 s 5; 2000 SL No. 169 s 10

amd 2001 SL No. 134 s 2 sch

renum and reloc 2001 SL No. 134 s 2 sch

sub 2001 SL No. 177 s 11; 2002 SL No. 351 s 26; 2003 SL No. 239 s 10; 2004 SL No. 231 s 16; 2005 SL No. 268 s 16

amd 2005 SL No. 331 s 6

sub 2006 SL No. 267 s 19; 2007 SL No. 232 s 20; 2008 SL No. 314 s 33; 2009 SL No. 176 s 33; 2010 SL No. 146 s 15; 2011 SL No. 110 s 26; 2012 SL No. 92 s 32; 2013 SL No. 102 s 25; 2014 SL No. 113 s 28; 2015 SL No. 57 s 26

section 2

accepted representations see section 59OG(2).

def accepted representations ins 2014 SL No. 170 s 18(2)

agricultural chemical product see section 5A.

def agricultural chemical product ins 2002 SL No. 351 s 27

alternative vaccination program, for part 8A, see section 59D.

def alternative vaccination program ins 2005 SL No. 51 s 5(2)

an animal is economic to market means its estimated market value is greater than the actual or estimated costs of transporting that animal to the place of disposal approved by the chief inspector.

def an animal is economic to market reloc 2001 SL No. 134 s 2 sch

animal-contaminated matter means refuse or residue that—

(a)contains, or may contain, animal matter; or

(b)has been, or may have been, in contact with animal matter.

Example of animal-contaminated matter—

hotel or restaurant food scraps that have been in contact with meat used in food preparation at the hotel or restaurant

def animal-contaminated matter ins 2001 SL No. 134 s 3(2)

reloc 2001 SL No. 134 s 2 sch

Animal Health Australia, for part 8A, see section 59D.

def Animal Health Australia ins 2014 SL No. 170 s 18(2)

animal matter means—

(a)an animal carcass; or

(b)matter derived from an animal, including, for example, meal and animal blood, faeces and tissue.

def animal matter amd reg pubd gaz 12 May 1990 p 221

om 1997 SL No. 278 s 5(1)

ins 2001 SL No. 134 s 3(2)

reloc 2001 SL No. 134 s 2 sch

approval, for a commercial flock, for part 8A, see section 59D.

def approval ins 2014 SL No. 170 s 18(2)

approved means approved by the chief inspector.

def approved reloc 2001 SL No. 134 s 2 sch

approved abattoir means an abattoir accredited under the Food Production (Safety) Act 2000.

def approved abattoir amd reg pubd gaz 17 December 1988 pp 2189–93

sub 1994 SL No. 234 s 3

reloc 2001 SL No. 134 s 2 sch

sub 2004 SL No. 277 s 36(1)–(2)

approved alternative vaccination program, for part 8A, see section 59D.

def approved alternative vaccination program ins 2005 SL No. 51 s 5(2)

approved eradication program means a whole or part-herd disease eradication program approved by the chief inspector or chief veterinary officer.

def approved eradication program reloc 2001 SL No. 134 s 2 sch

approved tail tag ...

def approved tail tag reloc 2001 SL No. 134 s 2 sch

om 2005 SL No. 101 s 116

approved way, for part 8A, see section 59D.

def approved way ins 2005 SL No. 51 s 5(2)

AS 5008 means the Australian Standard as in force from time to time under that designation (regardless of the edition or year of publication of the standard).

def AS 5008 ins 2014 SL No. 170 s 18(2)

authorised person, for part 8A, see section 59D.

def authorised person ins 2005 SL No. 51 s 5(2)

authorised testing person, for part 6, division 1, see section 44.

def authorised testing person ins 2001 SL No. 134 s 3(2)

reloc 2001 SL No. 134 s 2 sch

biological monitoring, of a commercial flock, for part 8A, see section 59F.

def biological monitoring ins 2014 SL No. 170 s 18(2)

bovine Johne’s disease ...

def bovine Johne’s disease ins 2004 SL No. 277 s 36(2)

om 2014 SL No. 281 s 7(1)

bull means an entire male bovine with 1 or more permanent teeth, kept and used for the particular purpose of breeding and branded or tattooed prior to the eruption of the first permanent tooth.

def bull reloc 2001 SL No. 134 s 2 sch

calf means an unweaned bovine animal.

def calf ins reg pubd gaz 17 December 1988 pp 2189–93

reloc 2001 SL No. 134 s 2 sch

cattle (no permanent teeth) means bovines up to the time of eruption of the first permanent tooth.

def cattle reloc 2001 SL No. 134 s 2 sch

cattle tick eradication program means a whole herd eradication program in respect of cattle tick.

def cattle tick eradication program reloc 2001 SL No. 134 s 2 sch

cattle tick infected area ...

def cattle tick infected area ins 1993 SL No. 9 s 2 sch

om 1993 SL No. 478 s 2 sch 1

ins 2004 SL No. 277 s 36(2)

om 2005 SL No. 331 s 7(1)

cattle tick infected zone means an infected zone under the Stock (Cattle Tick) Notice 2005.

def cattle tick infected zone ins 2005 SL No. 331 s 7(2)

causative agent, for a disease, means an agent that causes the disease.

def causative agent ins 2002 SL No. 351 s 27

CF1 herd means an MN herd, PC herd or TN herd that has had at least 1 negative test for tuberculosis at least 6 months after attaining MN herd, PC herd or TN herd status.

def CF1 herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

CF2 herd means a CF1 herd that has had at least 1 negative test for tuberculosis at least 12 months after attaining CF1 herd status.

def CF2 herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

CF3 herd means a herd of cattle that has had a negative test for tuberculosis carried out on the herd at least 8 years after the last known exposure of the cattle to tuberculosis.

def CF3 herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

chief veterinary officer means the government veterinary officer appointed to perform functions as the chief veterinary officer for the department.

def chief veterinary officer reloc 2001 SL No. 134 s 2 sch

amd 2004 SL No. 277 s 36(3)

sub 2014 SL No. 170 s 18

class, for part 8A, see section 59D.

def class ins 2005 SL No. 51 s 5(2)

clean test means in respect of stock, all the stock comprising the group under test are negative to the test or that all positive reactors to the test are slaughtered and found free of evidence of disease on autopsy and further laboratory examination as may be required by the chief inspector or chief veterinary officer.

def clean test reloc 2001 SL No. 134 s 2 sch

commercial flock, for part 8A, see section 59D.

def commercial flock ins 2005 SL No. 51 s 5(2)

confirmed free herd ...

def confirmed free herd or CF herd om 2000 SL No. 323 s 3(1)

consignee, for introduced stock, see section 9(3)(b).

def consignee ins 2004 SL No. 277 s 36(2)

corresponding surveillance program, for part 8A, see section 59D.

def corresponding surveillance program ins 2014 SL No. 170 s 18(2)

dairy cow means a female bovine of a dairy breed or type, the milk of which is used for human consumption.

def dairy cow reloc 2001 SL No. 134 s 2 sch

dairy heifer means a non-parous female bovine with 1 or more permanent teeth, of a dairy breed or type, greater than 5 months pregnant and the milk of which is intended to be used for human consumption.

def dairy heifer reloc 2001 SL No. 134 s 2 sch

day old chicken ...

def day old chicken reloc 2001 SL No. 134 s 2 sch

om 2005 SL No. 51 s 5(1)

directly, for the conveyance of stock, means without unloading them on the way to their destination.

def directly ins 2004 SL No. 277 s 36(2)

domestic fowl means the bird Gallus gallus domesticus.

def domestic fowl ins 2005 SL No. 51 s 5(2)

endemic disease means a disease that is intermittently or constantly present in a particular place or region.

def endemic disease ins 2002 SL No. 351 s 27

epidemiological group, for part 8A, see section 59E.

def epidemiological group ins 2005 SL No. 51 s 5(2)

eradication area ...

def eradication area ins reg pubd gaz 2 December 1989 pp 2438–40

om 2000 SL No. 323 s 3(1)

estimated market value, for part 6, division 2, see section 47.

def estimated market value ins 2001 SL No. 134 s 3(2)

reloc 2001 SL No. 134 s 2 sch

estimated market value of an animal means the value of an animal as determined by the chief inspector, as if the animal were sold for immediate slaughter, at a time and place of disposal approved by the chief inspector.

def estimated market value of an animal reloc 2001 SL No. 134 s 2 sch

exotic disease diagnostic test kit ...

def exotic disease diagnostic test kit ins 2002 SL No. 351 s 27

om 2004 SL No. 277 s 36(1)

exotic disease diagnostic test kit or method means a kit or device or test method that contains or involves biological preparations or synthetic material used in a laboratory or elsewhere to—

(a)diagnose, identify, or detect the presence or absence of an exotic animal disease, its causative agent or an exotic strain of a causative agent of an endemic disease; or

(b)decide whether antibodies, proteins, hormones or enzymes associated with the disease or agent are present or absent.

def exotic disease diagnostic test kit or method ins 2004 SL No. 277 s 36(2)

faeces means the waste discharge from the gastro-intestinal tract (whether animal or human) and includes any refuse or residue which contains or has been in contact with faeces.

def faeces ins reg pubd gaz 12 May 1990 p 221

reloc 2001 SL No. 134 s 2 sch

fattening property means a holding or part of a holding where stock can be separated from other stock to prevent the spread of disease.

def fattening property reloc 2001 SL No. 134 s 2 sch

feedlot means a feedlot where stock can be separated from other stock to prevent the spread of disease and can be identified to their property of origin at all times during residency in that feedlot and at subsequent slaughter.

def feedlot reloc 2001 SL No. 134 s 2 sch

food standards code see section 5A.

def food standards code ins 2002 SL No. 351 s 27

for an inspector supervising, a thing, includes the inspector doing the thing to be supervised.

def for an inspector supervising ins 1997 SL No. 61 s 4(2)

reloc 2001 SL No. 134 s 2 sch

immediate slaughter—

(a)of stock at an approved abattoir, means slaughter within 5 days (other than days on which the abattoir does not operate) after their arrival at the abattoir; or

(b)for part 8A, see section 59D.

def immediate slaughter amd 2001 SL No. 134 s 2 sch

reloc 2001 SL No. 134 s 2 sch

sub 2004 SL No. 277 s 36(1)–(2); 2005 SL No. 51 s 5(1)–(2)

impending free area has the meaning given by the standard definitions and rules.

def impending free area ins reg pubd gaz 2 December 1989 pp 2438–40

sub 2000 SL No. 323 s 3(1)–(2)

reloc 2001 SL No. 134 s 2 sch

infected herd ...

def infected herd or IN herd om 2000 SL No. 323 s 3(1)

reloc 2001 SL No. 134 s 2 sch

information notice ...

def information notice ins 2005 SL No. 51 s 5(2)

om 2009 Act No. 24 s 792

IN herd means a herd that the chief inspector or chief veterinary officer is satisfied is infected.

def IN herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

inspector’s office means the official premises of an inspector and shall include such other place approved by the chief inspector as an inspector’s temporary headquarters for the purpose of testing or treating stock.

def inspector’s office reloc 2001 SL No. 134 s 2 sch

introduce, for stock or a matter or thing, see section 7.

def introduce ins 2001 SL No. 134 s 3(2)

reloc 2001 SL No. 134 s 2 sch

sub 2004 SL No. 277 s 36(1)–(2)

Johne’s disease means an infection with any strain of Mycobacterium avium subspecies paratuberculosis.

Johne’s disease ...

def Johne’s disease ins 2014 SL No. 281 s 7(2)

mammalian material ...

def mammalian material ins 1999 SL No. 184 s 11

om 2001 SL No. 134 s 3(1)

meal means blood meal, meat meal, meat and bone meal or other meal made by rendering material of animal origin.

def meal ins 1997 SL No. 278 s 5(2)

sub 2001 SL No. 134 s 3(1)–(2)

reloc 2001 SL No. 134 s 2 sch

meat chicken, for part 8A, see section 59D.

def meat chicken ins 2014 SL No. 170 s 18(2)

MN herd means a herd that the chief inspector or chief veterinary officer is satisfied is free of disease because of information obtained by monitoring the herd, but for which a negative test has not been carried out.

def MN herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

monitored negative herd ...

def monitored negative herd or MN herd om 2000 SL No. 323 s 3(1)

movement test means a test of the individual stock comprising the movement group within 30 days prior to introduction during which time the stock are isolated from other stock.

def movement test reloc 2001 SL No. 134 s 2 sch

MRL standard see section 5A.

def MRL standard ins 2002 SL No. 351 s 27

NA herd means a herd that has not been tested for a disease and for which insufficient information is available to classify it otherwise.

def NA herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

negative test, for a disease, means a test in which each animal tested has tested negative for the disease.

def negative test sub 2000 SL No. 323 s 3(1)–(2)

reloc 2001 SL No. 134 s 2 sch

Newcastle disease, for part 8A, see section 59D.

def Newcastle disease ins 2005 SL No. 51 s 5(2)

Newcastle disease document, for part 8A, see section 59D.

def Newcastle disease document ins 2005 SL No. 51 s 5(2)

Newcastle disease immune, for part 8A, see section 59D.

def Newcastle disease immune ins 2005 SL No. 51 s 5(2)

Newcastle disease surveillance program, for part 8A, see section 59OA.

def Newcastle disease surveillance program ins 2014 SL No. 170 s 18(2)

nil breeders or NB herd means a herd with no breeding stock.

def nil breeders or NB herd reloc 2001 SL No. 134 s 2 sch

nominated abattoir means an approved abattoir nominated by the chief inspector as being approved for the slaughter of interstate cattle.

def nominated abattoir ins reg pubd gaz 2 December 1989 pp 2438–40

reloc 2001 SL No. 134 s 2 sch

not assessed ...

def not assessed or NA herd om 2000 SL No. 323 s 3(1)

other cattle (1 or more permanent teeth) means male bovines with 1 or more permanent teeth other than bulls and desexed female bovines with 1 or more permanent teeth.

def other cattle amd 2001 SL No. 134 s 2 sch

reloc 2001 SL No. 134 s 2 sch

ovine Johne’s disease ...

def ovine Johne’s disease ins 2004 SL No. 277 s 36(2)

om 2014 SL No. 281 s 7(1)

PC herd means an IN herd that has had 2 consecutive negative tests at an interval of not less than 6 months.

def PC herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

piggery ...

def piggery om 2001 SL No. 134 s 3(1)

police officer means a police officer appointed under the Police Service Administration Act 1990.

def police officer ins 2002 SL No. 351 s 27

positive reactors ...

def positive reactors om 2000 SL No. 323 s 3(1)

processed animal matter ...

def processed animal matter om 1997 SL No. 278 s 5(1)

program application, for part 8A, see section 59K(1).

def program application ins 2005 SL No. 51 s 5(2)

provisionally clear ...

def provisionally clear or PC herd om 2000 SL No. 323 s 3(1)

provisionally free area ...

def provisionally free area ins reg pubd gaz 2 December 1989 pp 2438–40

om 2000 SL No. 323 s 3(1)

pullorum disease test means a rapid whole blood agglutination test or tube agglutination test for pullorum disease or such other test as may be approved by the Standing Committee on Agriculture.

def pullorum disease test reloc 2001 SL No. 134 s 2 sch

Queensland cattle tick infected zone means the Queensland infected zone under the Stock (Cattle Tick) Notice 2005.

def Queensland cattle tick infected zone ins 2005 SL No. 331 s 7(2)

RD herd means an IN herd that has had a negative test at least 60 days after—

(a)the herd was previously tested for the disease; and

(b)all infected animals were removed from the herd.

def RD herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

reasonably suspects means to suspect on grounds that are reasonable in all the circumstances.

def reasonably suspects ins 2004 SL No. 277 s 36(2)

rendered animal fat means fat (including tallow) or oil extracted from animal matter by rendering under AS 5008.

def rendered animal fat ins 2002 SL No. 351 s 27

sub 2014 SL No. 170 s 18

restricted herd ...

def restricted herd or RD herd om 2000 SL No. 323 s 3(1)

ruminant material ...

def ruminant material ins 1997 SL No. 278 s 5(2)

om 1999 SL No. 184 s 11

serological monitoring ...

def serological monitoring ins 2005 SL No. 51 s 5(2)

om 2014 SL No. 170 s 18(1)

show cause notice see section 59OF(2).

def show cause notice ins 2014 SL No. 170 s 18(2)

show cause period see section 59OF(2)(d).

def show cause period ins 2014 SL No. 170 s 18(2)

spayed female means a female bovine that—

(a)is aged less than 24 months; and

(b)has been weaned for at least 7 days; and

(c)has been desexed for at least 6 months by the removal of both ovaries; and

(d)has been identified by a spay mark as defined in the Brands Act 1915, or another approved way.

def spayed female amd reg pubd gaz 17 December 1988 pp 2189–93

sub 1991 SL No. 205 s 5

standard 1.4.1 see section 5A.

def standard 1.4.1 ins 2002 SL No. 351 s 27

standard definitions and rules means the document called ‘TFAP 2 standard definitions and rules’, approved by the Standing Committee on Agriculture and Resource Management (now called the Primary Industries Standing Committee).

Editor’s note—

A copy of the document may be inspected during office hours on business days at the department’s head office at 80 Ann Street, Brisbane.

def standard definitions and rules ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

sub 2004 SL No. 277 s 36(1)–(2); 2014 SL No. 281 s 7

standard operating procedures, for part 8A, see section 59D.

def standard operating procedures ins 2014 SL No. 170 s 18(2)

State includes territory.

def State ins 2004 SL No. 277 s 36(2)

steer means a male bovine castrate weaned for at least 7 days.

def steer reloc 2001 SL No. 134 s 2 sch

subclass of stock means animals within a class of stock which are of similar quality as determined by their estimated market value.

def subclass of stock reloc 2001 SL No. 134 s 2 sch

SU herd means a herd—

(a)that the chief inspector or chief veterinary officer is satisfied may be infected with a disease or has a high risk of becoming infected; and

(b)for which insufficient information is available to classify it otherwise.

def SU herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

supply includes the following—

(a)give or sell;

(b)possess for supply;

(c)offer or agree to give, sell or otherwise supply;

(d)cause or permit to be given, sold or otherwise supplied.

def supply ins 2001 SL No. 134 s 3(2)

reloc 2001 SL No. 134 s 2 sch

suspected herd ...

def suspected herd or SU herd om 2000 SL No. 323 s 3(1)

tare, for a vehicle, means its weight as equipped for travelling on a road, but not including any load.

def tare ins 1997 SL No. 61 s 4(2)

sub 2001 SL No. 134 s 3(1)–(2)

reloc 2001 SL No. 134 s 2 sch

test means—

(a)for tuberculosis—a tuberculosis test under the standard definitions and rules, section 2.2; or

(b)for another disease—an approved test.

def test sub 2000 SL No. 323 s 3(1)–(2)

reloc 2001 SL No. 134 s 2 sch

tested negative herd ...

def tested negative herd or TN herd om 2000 SL No. 323 s 3(1)

test kit or method approval see section 50(a).

def test kit or method approval ins 2004 SL No. 277 s 36(2)

THC means tetrahydrocannabinol.

def THC ins 2004 SL No. 277 s 36(2)

tissues of stock, for part 1A, see section 5A.

def tissues of stock ins 2002 SL No. 351 s 27

TN herd means a herd that has not been classified as an IN herd for a disease and has had at least 1 negative test for the disease.

def TN herd ins 2000 SL No. 323 s 3(2)

reloc 2001 SL No. 134 s 2 sch

treated animal matter ...

def treated animal matter amd reg pubd gaz 17 December 1988 pp 2189–93

om 1997 SL No. 278 s 5(1)

treatment, of stock, for schedule 7, means doing any of the following to the stock and all other stock with which the stock were consigned, to the satisfaction of an inspector or approved person—

(a)dipping spraying or other treatment with an approved chemical;

(b)an approved non-chemical treatment.

def treatment ins 1997 SL No. 61 s 4(2)

reloc 2001 SL No. 134 s 2 sch

sub 2004 SL No. 277 s 36(1)–(2)

treatment procedure means a dip, mechanical spray or other acaricide application procedure.

def treatment procedure reloc 2001 SL No. 134 s 2 sch

used cooking fat or oil means fat or oil of vegetable or animal origin that has been used to cook food for human consumption.

def used cooking fat or oil ins 2014 SL No. 170 s 18(2)

vaccinate, for part 8A, see section 59D.

def vaccinate ins 2005 SL No. 51 s 5(2)

vaccination certificate, for part 8A, see section 59D.

def vaccination certificate ins 2005 SL No. 51 s 5(2)

vaccine, for part 8A, see section 59D.

def vaccine ins 2005 SL No. 51 s 5(2)

vaccine related activity, for part 8A, see section 59D.

def vaccine related activity ins 2005 SL No. 51 s 5(2)

veterinary chemical product see section 5A.

def veterinary chemical product ins 2002 SL No. 351 s 27

veterinary surgeon see the Veterinary Surgeons Act 1936, schedule.

def veterinary surgeon ins 1997 SL No. 278 s 5(2)

reloc 2001 SL No. 134 s 2 sch

sub 2006 SL No. 188 s 5

warranted stock see section 5A.

def warranted stock ins 2002 SL No. 351 s 27

warranty, for part 1A, see section 5A.

def warranty ins 2002 SL No. 351 s 27

weaner or yearling means a bovine animal up to the time of eruption of the first permanent tooth and which is capable of survival without the need for additional nourishment from its dam.

def weaner or yearling ins reg pubd gaz 17 December 1988 pp 2189–93

reloc 2001 SL No. 134 s 2 sch

working horse means a horse used at the material time for the purpose of mustering stock or other purpose incidental to animal husbandry but excluding use for the purpose of leisure or competition.

def working horse reloc 2001 SL No. 134 s 2 sch

w/w means by weight.

def w/w ins 2014 SL No. 170 s 18(2)

sch 8 amd 2001 SL No. 134 s 2 sch

 Index to endnotes

 Key

 Table of reprints

 List of legislation