Stock Act 1915
Reprint note—
This is the last reprint before lapse. Lapsed on 1 July 2016 by 2014 Act No. 7 s 504.
Stock Identification Regulation 2005
Part 1
Preliminary
Division 1
Introduction
1
Short title
This regulation may be cited as the
Stock Identification Regulation 2005
.
2
Commencement
This regulation commences on 1 July 2005.
3
Purposes of regulation and their achievement
(1)
The main purpose of this regulation is to help the prevention, control and eradication of disease by giving effect to the system known as the ‘national livestock identification system’ (NLIS), agreed to by the Commonwealth and the States under a resolution of the Primary Industries Ministerial Council of 2 October 2003.
Editor’s note—
A copy of the resolution may obtained, free of charge, from the department’s office at 80 Ann Street, Brisbane.
(2)
The main purpose is achieved principally by requirements that create the capacity to trace livestock movements.
(3)
A secondary purpose of this regulation is to help to identify the chemical residue status, disease status or HGP status of holdings and other particular places, and of stock on or from the places and, potentially, of downstream animal products from the stock.
(4)
The secondary purpose is achieved mainly by provisions for the registration of the chemical residue status, disease status or HGP status.
Division 2
Interpretation
Subdivision 1
Dictionary
4
Definitions
The dictionary in the schedule defines particular words used in this regulation.
Subdivision 2
Key definitions
5
What are designated stock
Designated stock are bison, buffalo, cattle, deer, goats, members of the camel family, members of the family Equidae, pigs, poultry and sheep.
Examples of members of the camel family—
alpacas, Arabian camels and llamas
Examples of members of the family Equidae—
horses, ponies, donkeys, mules and zebras
s 5
amd 2007 SL No. 244
s 5; 2014 SL No. 82
s 3
6
What is the threshold number of designated stock
The threshold number, of designated stock, is—
(a)
for designated stock other than poultry—1; or
(b)
for poultry—100.
7
What is a registrable place
(1)
A registrable place is any of the following—
(a)
a holding;
(b)
a local government reserve or commonage;
(c)
a pound;
(d)
an animal refuge;
(e)
a stock route;
(f)
a saleyard;
(g)
a stock transit facility;
(h)
a reserve for travelling stock;
(i)
a meat processing facility;
(j)
a live export holding;
(k)
a showground for designated stock;
(l)
a sporting ground for designated stock;
(m)
a local government area;
(n)
an animal park, theme park or zoo.
(2)
To remove any doubt, it is declared that a place mentioned in subsection (1) is still a registrable place even if it is part of, or included in, another place mentioned in subsection (1).
s 7
amd 2005 SL No. 235
s 3
7A
What is a stock transit facility
A stock transit facility is—
(a)
a spelling facility for stock; or
(b)
a yard used as a dip for travelling stock; or
(c)
another facility for drafting, weighing, reconsigning or transhipping designated stock.
s 7A
ins 2005 SL No. 235
s 4
Division 3
Maximum penalties
div 3 (s 8) om 2006 SL No. 61
s 3
8
div 3 (s 8) om 2006 SL No. 61
s 3
Part 2
Registration of holdings and other places
Division 1
The register
9
Chief inspector’s obligation to keep register
The chief inspector must keep a register of registered places.
10
Information required to be registered
(1)
The register must include all of the following information for each registered place—
(a)
a unique property identification code (PIC);
(b)
its owner’s name;
(c)
if it has a name—the name;
(d)
its address and locality;
(e)
if, under section 11, a chemical residue status, disease status or HGP status has been decided for the place and of stock on or from the place—the status.
(2)
Subject to sections 21 and 25, the PIC may take any form the chief inspector considers appropriate.
(3)
The chief inspector may record other information the chief inspector considers appropriate about a registered place.
11
Deciding chemical residue status, disease status or HGP status
(1)
The chief inspector may decide the chemical residue status, disease status or HGP status of a registered place and of stock on or from the place.
(2)
The chief inspector must, as soon as practicable after registering the status under section 10, give the owner of the place a notice stating—
(a)
what the registered status is; and
(b)
that the owner may, within a stated reasonable period, make written submissions to the chief inspector about the registered status.
(3)
The chief inspector must consider any written submissions made by the owner within the stated period.
(4)
If, because of the submissions, the chief inspector decides the actual chemical residue status, disease status or HGP status is different from its registered status, the chief inspector must amend the registered status to reflect the decision.
(5)
If the amended registered chemical residue status, disease status or HGP status is the same as a status proposed by the owner in the submissions, the chief inspector must give the owner notice of the amended status.
(6)
If, after complying with subsections (3) to (5), the registered chemical residue status, disease status or HGP status is other than any status proposed by the owner in the submissions, the chief inspector must give the owner an information notice about the decision.
12
Correction and updating of register
(1)
This section applies to information registered under section 10 other than its chemical residue status, disease status or HGP status.
Note—
For changes to information registered under section 11, see the
Acts Interpretation Act 1954
, section 24AA
(b) (Power to make instrument or decision includes power to amend or repeal).
(2)
If the owner of the registered place becomes aware of a change that affects or may affect the accuracy of the information as registered, the owner must, as soon as practicable, give the chief inspector notice of the change (a change notice).
(3)
The chief inspector may correct registered information if satisfied the information is incorrect or that the correction is necessary to ensure the traceability of designated stock on or from the place.
(4)
The correction may be made at the chief inspector’s own initiative, at the owner’s request, or because of a change notice or transfer notice.
(5)
If the correction is made at the chief inspector’s own initiative, and without the owner’s request or consent and not because of a change notice or transfer notice, the chief inspector must give the owner an information notice about the decision.
(6)
in this section—
correct includes amend, and for a PIC, cancelling and replacing it.
13
Evidentiary aids for register
(1)
This section applies to a proceeding under or relating to the Act.
Note—
For offences about breaches of this regulation, see section 37
(1)
(k) (Offences) of the Act.
(2)
A certificate purporting to be signed by the chief inspector stating that a stated document is a copy of all or part of any of the following on a stated day or during a stated period, is evidence of the matters stated in the document on the day or during the period—
(a)
the register, or an extract from it;
(b)
the NLIS database.
Division 2
Access to the register
14
Power to disclose registered information to approved NLIS administrator
(1)
The chief inspector may, by gazette notice, approve, for this regulation, an entity as the administrator of the NLIS database (the approved NLIS administrator).
(2)
The chief inspector may, of the chief inspector’s own initiative, give the approved NLIS administrator any registered information.
(3)
The information may be given subject to conditions the chief inspector considers appropriate, including, for example, a condition that the authorised NLIS administrator gives, and continues to give, the chief inspector access to information in the NLIS database.
(4)
If the authorised administrator is a corporation, the information may be given by giving it to a director or employee of the corporation or another person authorised in writing by its directors.
15
Public access to register
(1)
The chief inspector must—
(a)
keep the register open for inspection by members of the public, by appointment or the giving of reasonable written or oral notice, at the chief inspector’s office and at each other inspector’s office; and
(b)
publish the register on the department’s website.
(2)
However, inspection or publication of the register must not extend to restricted information included in the register unless—
(a)
the person is—
(i)
an owner of the place to which the information relates; or
(ii)
the authorised NLIS administrator; or
(iii)
carrying out functions under an Act administered by the department or under a law of another State or the Commonwealth that provides for the same or similar matters as an Act administered by the department; or
(b)
an owner of the place to which the information relates consents in writing; or
(c)
disclosing the information is expressly permitted or required under the Act or another Act; or
(d)
the chief inspector is satisfied disclosing the information—
(i)
will contribute to the traceability of stock and disease or compliance with a food safety scheme or market access or reporting or product integrity standard; or
(ii)
is essential for the administration of a food safety or animal health control or accreditation program.
(3)
A person may, on payment of a fee decided by the chief inspector, request an extract or a copy of the restricted registered information from the register.
(4)
A fee mentioned in subsection (3) must not be more than the actual cost of making the extract or copy.
(5)
In this section—
restricted information included in the register means—
(a)
the address of a registered place; or
(b)
information about the chemical residue status, disease status or HGP status of a registered place or of stock on or from the place.
s 15
amd 2014 SL No. 82
s 4
Division 3
Registration of registrable places
Subdivision 1
Who must or may apply for registration
16
When owner of registrable place must apply for registration
(1)
This section applies to each owner of a registrable place, other than a local government area—
(a)
that is not registered; and
Note—
For holdings registered under the repealed
Stock Identification Regulation 1985
, see section 101 (Register of holdings becomes the register under this regulation).
(b)
on which the threshold number, or a greater number, of designated stock are held; and
(c)
for which an approval under section 17 has not been given.
(2)
The owner must apply to register the place within 14 days after the threshold number of designated stock is first held on the place.
(3)
If, under this regulation, stock that were not designated stock become designated stock and are already held on a place, for subsection (2), the stock are taken to be first held on the place when they become designated stock.
s 16
amd 2007 SL No. 244
s 6
17
Approval for particular registrable places to remain unregistered
(1)
The owner of a registrable place may apply to the chief inspector for approval for the place to remain unregistered.
(2)
The application must be in the approved form.
(3)
The approval may be given only if the chief inspector is satisfied—
(a)
the only designated stock held at the place are pets or are held for personal consumption; and
(b)
the number of the designated stock mentioned in paragraph (a) is, other than for poultry, no more than 2; and
(c)
the holding of the designated stock at the place is lawful.
(4)
If the chief inspector decides to refuse the application, the chief inspector must give the applicant an information notice about the decision.
18
Owner of registrable place may apply for registration even if not required
An owner of a registrable place, other than a local government area, may apply to register the place, even if no designated stock, or less than the threshold number of designated stock, are held at the place.
Subdivision 2
Applying for and obtaining registration
19
Applying for registration
(1)
An application to register a registrable place must be—
(a)
made to an inspector by an owner of the place; and
(b)
in the approved form; and
(c)
state—
(i)
the real property description, address, locality and any name of the place; and
(ii)
the owner’s name, address and telecommunication details; and
(iii)
the approximate numbers of each type of designated stock held at the place.
(2)
If the application is for 2 or more registrable places, it must—
(a)
state—
(i)
who owns each of the places; and
(ii)
in which local government area each of the places is located; and
(iii)
whether they are worked as 1 business unit; and
(b)
if the places are worked as 1 business unit—be accompanied by evidence of that fact.
s 19
amd 2005 SL No. 235
s 5
20
Deciding application
If the application complies with section 19, the inspector must—
(a)
give the registrable place a PIC that complies with section 21; and
(b)
register the place; and
(c)
give the applicant a notice stating that the place has been registered and its PIC.
21
Provisions for the PIC for registrable place
(1)
If the application is for only 1 registrable place, despite how many owners it has, the place must only be given 1 PIC.
(2)
However, if—
(a)
there is another registered place that—
(i)
is owned by the applicant; or
(ii)
has at least 1 common owner with the registrable place; and
(b)
the registrable place and the registered place are in the same locality; and
(c)
the registered place and the registrable place are worked as 1 business unit;
the registrable place, when registered, must be given the same PIC as the registered place.
(3)
If the application is for more than 1 registrable place, each of them must be given the same PIC if they—
(a)
are in the same locality; and
(b)
are owned by the same person, or have at least 1 common co-owner; and
(c)
are worked as 1 business unit.
(4)
For subsections (2) and (3), places are in the same locality if a boundary of a secondary place is no more than 50km from the nearest boundary of the primary place.
(5)
In this section—
primary place means the registered or registrable place mentioned in subsection (2) or (3) from which the business unit mentioned in subsection (2) or (3) primarily operates.
secondary place means any registered or registrable place mentioned in subsection (2) or (3) other than the primary place.
s 21
amd 2005 SL No. 235
s 6; 2008 SL No. 38
s 36; 2008 SL No. 342
s 7
Subdivision 3
Discretionary registration
22
Chief inspector may register registrable place
(1)
The chief inspector may register a registrable place and give it a PIC if satisfied the place holds designated stock or the owner of the place proposes to hold designated stock.
(2)
Subsection (1) applies even if—
(a)
the owner of the place has not applied to register it; and
(b)
the stock are only being held, or to be held, temporarily.
(3)
However, before registering the place, the chief inspector must do each of the following—
(a)
give the owner a notice stating—
(i)
that the chief inspector proposes to register the place because it holds designated stock; and
(ii)
a reasonable period within which the owner may make written submissions to the chief inspector about whether the place holds designated stock;
(b)
consider any written submissions made by the owner within the stated reasonable period.
(4)
On registering the place, the chief inspector must—
(a)
give it a PIC that complies with section 21; and
(b)
give an information notice stating that the place has been registered, and stating its PIC, to—
(i)
if the place is a local government area—the local government; or
(ii)
otherwise—the owner of the place.
23
Special purpose PIC
The chief inspector may give a person a PIC other than for a particular place, and register the PIC, if satisfied it is necessary for the integrity of NLIS or for training purposes.
Subdivision 4
Transfer of registration
24
New owner’s obligation to give notice of transfer
(1)
If a registered place is sold or otherwise disposed of, its new owner must, within 14 days, give an inspector a notice of the transfer (a transfer notice).
(2)
The transfer notice must be in the approved form.
25
Deciding PIC for transferred place
(1)
If—
(a)
the new owner of the registrable place the subject of the transfer notice (the transferred place) is the owner of another registrable place (the existing place); and
(b)
had the transfer notice been an application to register the transferred place section 21 would have required the transferred place and the existing place to have the same PIC;
the inspector must amend the register so that the transferred place and the existing place have the same PIC.
Note—
If the PIC of the existing place is changed, see section 41 (Approval to use different PIC for permanent tags for bison, buffalo, cattle, goats, pigs or sheep).
(2)
Otherwise, the PIC for the transferred place must not be changed only because of the transfer.
Note—
See also section 12
(4) (Correction and updating of register).
(3)
On registering information under section 10 because of the sale or disposition the subject of the notice, the inspector must give the new owner notice of the PIC for the transferred place.
s 25
amd 2014 SL No. 82
s 53
(3)
Subdivision 5
Deregistration
26
Owner may apply to deregister
(1)
If a registered place no longer holds the threshold number or a greater number of designated stock, the owner of the place may apply to an inspector to deregister the place.
(2)
The application must be in the approved form.
(3)
The inspector must remove the place from the register if satisfied the threshold number of designated stock is no longer held, or proposed to be held, at the registered place.
(4)
Otherwise, the inspector must refuse the application.
(5)
If the inspector decides to refuse the application, the inspector must give the applicant an information notice about the decision.
Part 3
General provisions for the stock identification system
Division 1
Approval of tags and their purposes
27
Chief inspector’s power to approve tags
(1)
The chief inspector may, for designated stock that are, or are proposed to be, travelled, approve tags for the types of tags mentioned in section 28 for the purpose provided for under that section.
(2)
A tag approved under subsection (1) is an approved tag.
(3)
However, the approval of an HGP free tag is subject to section 93.
(4)
A type of approved tag may take any form the chief inspector considers appropriate.
(5)
However—
(a)
the approval of a tag of a particular type must require each tag of that type to be unique, by colour coding, lettering or numbering or any combination of colour coding, lettering or numbering; and
(b)
if an approved tag of a particular type includes an electronic microchip, the approval must require each microchip of that type to show a unique number or letter, or any combination of lettering or numbering.
(6)
The chief inspector must, on the department’s website on the internet, publish details of approved tags, other than information that is unique for particular tags or registered places.
Editor’s note—
At the commencement of this regulation, the department’s website on the internet for NLIS was <www.dpi.qld.gov.au/NLIS/>.
28
Types of approved tags and their purposes
The following are the types of approved tags for designated stock that are, or are proposed to be, travelled and the purpose of each type—
(a)
the following tags (permanent tags)—
(i)
breeder tags to show designated stock—
(A)
were born at a particular place identified by a PIC recorded on or shown by the tag; and
(B)
have not previously been travelled from the place;
(ii)
post-breeder tags to show designated stock—
(A)
were not born at the place identified by the PIC recorded on or shown by the tag; or
(B)
were born at a particular place identified by a PIC recorded on or shown by the tag but have previously been travelled from the place;
(iii)
bolus ear tags for insertion into the ear of designated stock to show a rumen bolus has been inserted into their rumen or reticulum;
(iv)
saleyard post-breeder tags for use at saleyards if designated stock arrive at saleyards untagged;
(v)
district breeder tags and district post-breeder tags that inspectors may supply to the owners of designated stock held on registrable places that are not registered;
(vi)
goat tattoos for goats that have never been rangeland, by way of an imprinted ear tattoo to show the place of departure for their first travel from their place of birth;
(vii)
pig brands for pigs, imprinted, by way of a tattoo, under the
Brands Act 1915
to show the place of departure for their travel or proposed travel;
(viii)
pig ear tags for pigs to show their place of departure, identified by a PIC recorded on or shown by the tag;
(b)
the following tags (temporary tags)—
(i)
transaction tags that are ear or tail tags for bison, buffalo or cattle and that, for the transaction relating to their travel, identify them to the last place on which they were held;
(ii)
saleyard tags for use at saleyards to show that a permanent tag that designated stock bear is malfunctioning;
(iii)
HGP free tags that are ear or tail tags for bison, buffalo or cattle to show, for the transaction relating to their travel from the place, they were free of any HGP.
Note—
See also the
Chemical Usage (Agricultural and Veterinary) Control Regulation 1999
, part 5 (Hormonal growth promotants).
s 28
amd 2005 SL No. 235
s 7; 2008 SL No. 342
s 8; 2014 SL No. 82
s 5
Division 2
Dealings relating to approved tags
29
Approval required to manufacture tag for use as an approved tag
A person must not manufacture a tag for use as an approved tag, unless—
(a)
it is of a type of approved tag provided for under section 28; and
(b)
the chief inspector has given written approval for the person to manufacture tags of its type; and
(c)
all conditions of the approval have been complied with.
30
Obtaining approval to manufacture approved tags
(1)
A person may apply to the chief inspector for approval to manufacture approved tags of a stated type.
(2)
The application must be written.
(3)
The chief inspector may, by notice, require the applicant to give, within a stated reasonable period, stated information to allow the chief inspector to decide the application.
(4)
If the information is not given within the period, the application is taken to have lapsed.
(5)
Subject to subsections (3) and (4), the chief inspector must decide whether to grant or refuse the approval.
(6)
If the approval is granted and it is for electronic tags, the approval is subject to the condition that the approval holder must, before supplying the tags to anyone else, give the NLIS administrator notice of—
(a)
the serial number shown by the tags; and
(b)
the PIC of the place for which the tags are to be manufactured; and
(c)
the number shown by each microchip included in the tags.
(7)
The approval may be granted subject to other stated conditions.
(8)
If the chief inspector decides to refuse the approval, the chief inspector must give the applicant an information notice about the decision.
s 30
amd 2008 SL No. 342
s 9
31
Restrictions on supplying and buying approved tag
(1)
A supplier of an approved tag, other than an inspector supplying a district breeder tag or district post-breeder tag, must not supply it to a buyer and the buyer must not buy the tag, unless—
(a)
the buyer has given the supplier a written order for the tag; and
(b)
the PIC recorded on or shown by the tag is the PIC of any registered place for which the tag is to be used.
(2)
A buyer must not buy a rumen bolus, unless it is supplied together with a bolus ear tag.
(3)
A buyer must not buy a bolus ear tag, unless it is supplied together with a rumen bolus.
32
Record-keeping obligations of supplier of approved tags
(1)
A supplier of an approved tag must, for 5 years from the supply, keep a record of all the following—
(a)
the name and address of its buyer;
(b)
the day the tag was sold;
(c)
any PIC recorded on or shown by the tag;
(d)
how many approved tags were supplied to the buyer in the same transaction;
(e)
if the relevant order for the tag under section 31 has an expiry date—the expiry date.
(2)
The person must, during the 5 years, produce the record to an inspector if the inspector asks the supplier to produce it for inspection, unless the supplier has a reasonable excuse.
Division 3
General prohibitions, restrictions and requirements relating to approved tags
Subdivision 1
Provisions for all approved tags
33
Restrictions on altering or defacing or destroying approved tag
(1)
A person must not alter or deface an approved tag or allow an approved tag to be altered or defaced, unless the alteration or defacing happens because of the removal of the tag under this division or section 75 or 94.
(2)
A person must not destroy an approved tag or allow an approved tag to be destroyed, unless—
(a)
the destruction happens because of the removal of the tag, under this division or section 75 or 94; or
(b)
the destruction—
(i)
happens before the tag is applied to any designated stock; or
(ii)
is required under section 38; or
(c)
the tag is a temporary tag and the destruction happens after its removal under subdivision 3.
(3)
In this section—
alter, for an approved tag that is an electronic tag, includes doing anything that causes it to malfunction.
34
Prohibition on applying tag other than an approved tag
(1)
A person must not apply a tag to bison, buffalo, cattle, goats, pigs or sheep that purports to be an approved tag, unless the tag is an approved tag.
Note—
See also section 93 (When HGP free tag stops being an approved tag) and the
Agricultural Standards Act 1994
, section 14 (Offence about false or misleading representations about the use or non-use of hormonal growth promotants).
(2)
In this section—
apply, a tag, means attach or otherwise apply the tag in any way, whether or not in a way that an approved tag must be applied.
s 34
amd 2008 SL No. 342
s 10
amd 2014 SL No. 82
s 53
(3)
Subdivision 2
Permanent tags
35
Restrictions on applying permanent tag to bison, buffalo and cattle
A person must not apply a permanent tag (the second tag) to bison, buffalo or cattle if the animals already bear a permanent tag (the first tag), unless—
(a)
the first tag is removed, and the removal is permitted under section 36; or
(b)
the second tag is a bolus ear tag, applied under section 49.
s 35
amd 2008 SL No. 342
s 11
; 2014 SL No. 82 ss 6, 53(4), (6)
36
Restrictions on removing permanent tag
(1)
A person, other than an inspector, must not remove, or allow the removal of, a permanent tag that a head of bison, buffalo or cattle (whether living or dead) bears, unless—
(a)
the removal is with an inspector’s oral or written approval; or
(b)
the person is a selling agent acting or proposing to act in the sale of the animal at a saleyard and—
(i)
the tag is malfunctioning; and
(ii)
the selling agent immediately replaces the tag with a saleyard post-breeder tag that shows the PIC of the saleyard; and
(iii)
within 48 hours after the replacement, the selling agent gives the approved NLIS administrator notice of the serial numbers of each of the tags; or
Note—
See also section 71 (Additional obligation of selling agent if permanent tag is malfunctioning).
(c)
the person is the owner of the animal and—
(i)
the tag is malfunctioning; and
(ii)
the owner immediately replaces the tag with another permanent tag that may, under this regulation, be applied to the animal; and
(iii)
within 48 hours after the replacement, the owner gives the approved NLIS administrator notice of the serial numbers of each of the tags; or
(d)
the animal is killed at a meat processing facility and the tag is removed as part of the process to slaughter it; or
(e)
the animal dies at a registered place (other than a meat processing facility) and the person is responsible for its husbandry.
(2)
A person, other than an inspector, must not remove, or allow the removal of, a permanent tag that a goat, pig or sheep (whether living or dead) bears, unless—
(a)
the removal is with an inspector’s oral or written approval; or
(b)
the animal is killed at a meat processing facility and the tag is removed as part of the process to slaughter it; or
(c)
the animal dies at a registered place (other than a meat processing facility) and the person is responsible for its husbandry.
s 36
amd 2008 SL No. 342
s 12; 2014 SL No. 82
s 7
37
Restrictions on recycling or reusing permanent tag
A person must not recycle or reuse a permanent tag or part of a permanent tag, unless—
(a)
the chief inspector has given written approval for the recycling or reuse; and
(b)
all conditions of the approval have been complied with.
38
Requirement to destroy removed permanent tag
(1)
This section applies if, under section 36, a person removes a permanent tag from a head of bison, buffalo or cattle or a goat, pig or sheep at a registered place.
(2)
The person must destroy the tag as soon as practicable after the removal.
(3)
However, subsection (2) does not apply to the extent the tag may, under section 37, be recycled or reused.
(4)
If the tag or part of the tag may, under section 37, be recycled or reused, the owner of the registered place must take reasonable steps to ensure the tag or part is kept secure against theft.
s 38
amd 2008 SL No. 342
s 13; 2014 SL No. 82
s 8
Subdivision 3
Temporary tags
39
Restrictions on removing transaction tag or HGP free tag
A person, other than an inspector, must not remove, or allow the removal of, a transaction tag or HGP free tag that a head of bison, buffalo or cattle bears, unless—
(a)
the animal has arrived at the place of destination for the travel for the transaction for which the tag was applied; or
Note—
See also section 75 (Owner’s obligation to remove transaction tag of bison, buffalo and cattle travelled from relevant place of destination).
(b)
the tag’s removal is required under section 94.
s 39
amd 2014 SL No. 82
s 9
40
Restrictions on removing saleyard tag
A person, other than an inspector, must not remove, or allow the removal of, a saleyard tag that a head of bison, buffalo or cattle bears, unless the animal—
(a)
is travelled from the saleyard at which the tag was applied; and
(b)
has arrived at the place of destination for the travel.
s 40
amd 2014 SL No. 82
s 10
Division 4
Miscellaneous provisions
41
Approval to use different PIC for permanent tags for bison, buffalo, cattle, goats, pigs or sheep
(1)
The owner of a registered place, other than a saleyard, may apply to the chief inspector for approval to apply, in relation to the place, particular permanent tags for bison, buffalo, cattle, goats, pigs or sheep that show a PIC that is not the PIC of the place.
(2)
The application must be written and state the serial numbers of the tags.
(3)
If the chief inspector decides to refuse the application, the chief inspector must give the applicant an information notice about the decision.
s 41
amd 2008 SL No. 342
s 14; 2014 SL No. 82 ss 11, 53(3)
42
Prohibition on giving approved NLIS administrator false or misleading information about particular matters
(1)
This section applies to a person who, under this regulation, must give information to the approved NLIS administrator.
(2)
The person must not, in complying or purporting to comply with the obligation, give the administrator information the person knows is false or misleading in a material particular.
Note—
For the giving of false or misleading information to an inspector, see section 37
(l)
(l) (Offences) of the Act.
(3)
In a proceeding for an offence against section 37
(1)
(k) of the Act relating to subsection (2)—
(a)
it is enough for the complaint starting the proceeding to state the information was ‘false or misleading’ to the defendant’s knowledge, without specifying which; and
(b)
evidence that the information was given recklessly is evidence that it was given so as to be false or misleading.
Part 4
Obligations of owners of travelling bison, buffalo and cattle
pt hdg amd 2014 SL No. 82
s 12
Division 1
Preliminary
43
Operation of pt 4
(1)
This part imposes obligations on the owners of bison, buffalo or cattle that are to be travelled.
(2)
Generally, the obligations are those under division 2.
(3)
However, the obligations apply subject to division 3.
s 43
amd 2008 SL No. 342
s 15; 2014 SL No. 82
s 53
(4)
44
How approved tags must be applied to bison, buffalo and cattle
(1)
If this regulation permits or requires a permanent tag, other than a bolus ear tag, to be applied to bison, buffalo or cattle, it must be applied by—
(a)
for a permanent tag applied as a rumen bolus—inserting it into their rumen or reticulum; or
(b)
otherwise—attaching it to the middle of the inner third of its right or offside ear.
(2)
If this regulation permits or requires a bolus ear tag or a temporary tag in the form of an ear tag to be applied to bison, buffalo or cattle, the tag must be securely attached to the middle of the inner third of the right or offside ear of the animal.
(3)
If this regulation permits or requires a temporary tag in the form of a tail tag to be applied to bison, buffalo or cattle, the tag must be securely attached around the tail of the animal, immediately above the brush of the tail.
Note—
See also section 48 (Transaction tag requirements).
s 44
amd 2005 SL No. 235
s 8; 2014 SL No. 82 ss 13, 53(4)–(5)
45
When obligation to apply an approved tag must be complied with
(1)
Subject to subsections (2) to (6), an obligation under this part to apply an approved tag to bison, buffalo or cattle must be complied with before the relevant travelling of the animals starts.
(2)
If—
(a)
the animals are travelled from a place (the place of origin) to a neighbouring holding of the place of origin and, within 48 hours after their arrival at the holding, are further travelled to another place (the final destination); and
(b)
the purpose of the travel to the neighbouring holding is to comply, at the holding, with the obligation to apply an approved tag for their travel from the place of origin to the final destination;
the obligation may be complied with before the animals leave the neighbouring holding.
Note—
See also section 52 (Travel to neighbouring holding for tagging for other travel).
(3)
If the animals are sold by public auction at their place of departure and then travelled, the obligation to apply an approved tag must be complied with before the auction starts.
(4)
If the travel starts from a place outside the State, the obligation to apply an approved tag applies only when the animals enter the State.
(5)
The obligation to apply an approved tag may be complied with at a later time approved by an inspector, orally or in writing.
(6)
However, the approval may be given only if—
(a)
the animals are to be travelled to a saleyard for sale; and
(b)
the number of animals being travelled is no more than 5; and
(c)
the later time is no later than the day before the sale starts.
s 45
amd 2014 SL No. 82
s 53
(4), (6), (8)
Division 2
Identification requirements
46
Bison, buffalo and cattle first travelled from their place of birth
(1)
This section applies to the owner of bison, buffalo or cattle if—
(a)
the animals are to be travelled; and
(b)
the place of departure for the travel is their place of birth; and
(c)
the travel is their first travel from their place of birth; and
(d)
the place of destination for the travel does not have the same PIC as the place of departure.
(2)
The owner must ensure the animals bear—
(a)
a permanent tag; and
(b)
if the place of departure has a ‘T’ status and the travel is to a saleyard—a transaction tag.
(3)
The owner must ensure the permanent tag is—
(a)
if the place of departure is registered—a breeder tag; or
(b)
if the place of departure is not registered—a district breeder tag.
(4)
Also, if the tag is a breeder tag, the owner must ensure it shows—
(a)
the PIC of the place of departure; or
(b)
if an approval under section 41 has been given for the tag to show another PIC—the other PIC.
(5)
If the breeder tag is in the form of a rumen bolus, the information mentioned in subsection (4) is taken to be shown on the rumen bolus if—
(a)
under section 49
(1), a bolus ear tag is also applied to the animal when the rumen bolus is applied; and
(b)
the information is shown on the bolus ear tag.
s 46
amd 2006 SL No. 61
s 4; 2014 SL No. 82 ss 14, 53(4)–(6)
47
Other travelling of bison, buffalo and cattle
(1)
This section applies to the owner of bison, buffalo or cattle if—
(a)
the animals are to be travelled; and
(b)
the place of departure for the travel is not their place of birth, or the travel is not their first travel from their place of birth; and
(c)
the place of destination for the travel does not have the same PIC as the place of departure.
(2)
If the place of departure has a ‘T’ status and the travel is to a saleyard, the owner must ensure the animals bear a transaction tag.
(3)
Subsection (4) applies if—
(a)
the animals did not bear a breeder tag, post-breeder tag, district breeder tag or district post-breeder tag when they arrived at the place of departure; or
(b)
the animals did bear a breeder tag, post-breeder tag, district breeder tag or district post-breeder tag when they arrived at the place of departure but they no longer bear the tag.
(4)
The owner must ensure the animals bear the following permanent tag—
(a)
if the place of departure is registered—a post-breeder tag;
(b)
if the place of departure is not registered—a district post-breeder tag.
(5)
The owner must ensure a post-breeder tag applied under subsection (4)
(a) shows—
(a)
the PIC of the place of departure; or
(b)
if an approval under section 41 has been given for the tag to show another PIC—the other PIC.
(6)
For subsection (5), if the post-breeder tag is in the form of a rumen bolus, the information mentioned in the subsection is taken to be shown on the rumen bolus if—
(a)
under section 49
(1), a bolus ear tag is also applied to the animal when the rumen bolus is applied; and
(b)
the information is shown on the bolus ear tag.
s 47
amd 2006 SL No. 61
s 5; 2014 SL No. 82 ss 15, 53(4)–(6)
48
Transaction tag requirements
(1)
This section applies if, under this regulation, the owner of bison, buffalo or cattle must ensure the animals bear a transaction tag.
(2)
The owner must ensure the transaction tag shows its serial number and the PIC of the place of departure of the animals.
s 48
amd 2007 SL No. 239
s 4; 2014 SL No. 82
s 53
(4), (6)
49
Additional requirement for bolus ear tag if applied permanent tag of another type is a rumen bolus
(1)
If—
(a)
under section 46 or 47, a breeder tag, post-breeder tag, district breeder tag or district post-breeder tag is applied to bison, buffalo or cattle; and
(b)
the tag applied to the animals is in the form of a rumen bolus;
the owner of the animals must ensure the bolus ear tag supplied together with the rumen bolus, under section 31
(3), is also applied to the animals when the rumen bolus is applied.
(2)
If—
(a)
section 46 or 47 applies to the owner of the animals to be travelled; and
(b)
the animals bear a breeder tag, post-breeder tag, district breeder tag or district post-breeder tag in the form of a rumen bolus; and
(c)
under subsection (1), a bolus ear tag (the old ear tag) was applied when the rumen bolus was applied to the animals; and
(d)
the animals no longer bear the old ear tag;
the owner must ensure another bolus ear tag that shows the same information as the old ear tag is applied to the animals.
s 49
amd 2014 SL No. 82
s 53
(4), (6), (8)
Division 3
When particular identification requirements do not apply or are modified
Subdivision 1
Preliminary
50
Operation of div 3
(1)
This division provides for particular circumstances in which division 2 does not apply or particular obligations under division 2 that do not apply or are modified.
(2)
More than 1 provision of this division may apply for the same bison, buffalo or cattle to be travelled.
(3)
To remove any doubt, it is declared that if, under this division, a particular obligation under division 2 does not apply to the owner of bison, buffalo or cattle to be travelled, or is modified, all other relevant obligations under division 2 must still be complied with.
s 50
amd 2014 SL No. 82
s 16
Subdivision 2
When identification requirements do not apply at all
51
Temporary travel to neighbouring holding
Division 2 does not apply to bison, buffalo or cattle to be travelled, for ordinary stock management purposes, to a neighbouring holding of their place of departure if they are returned to the place of departure within 48 hours.
Examples of ordinary stock management purposes for cattle—
dipping, branding and vaccinating
s 51
amd 2014 SL No. 82
s 53
(4)
52
Travel to neighbouring holding for tagging for other travel
Division 2 does not apply to the travelling of bison, buffalo or cattle from a place (the place of origin) to a neighbouring holding of the place of origin if—
(a)
the animals are, within 48 hours after their arrival at the neighbouring holding, further travelled to another place (the final destination); and
(b)
the purpose of the travel to the neighbouring holding is to comply with division 2 for their travel from the place of origin to the final destination.
s 52
amd 2014 SL No. 82
s 53
(4), (6)
Subdivision 3
When cattle need only bear a permanent tag or a transaction tag
sdiv hdg om 2007 SL No. 239
s 5
53
Particular bobby calves
s 53
sub 2005 SL No. 235
s 9
om 2007 SL No. 239
s 5
Subdivision 4
When bison, buffalo and cattle need not bear a transaction tag
sdiv hdg amd 2014 SL No. 82
s 17
54
Bison, buffalo and cattle further travelled within 40 days
If—
(a)
bison, buffalo or cattle bearing a transaction tag (the old tag) are travelled to a place; and
(b)
the animals are to be travelled from the place within 40 days after their arrival at the place; and
(c)
the animals still bear the old tag when they leave the place;
the animals need not bear a further transaction tag for the travel from the place.
Note—
If the animals are travelled from the place more than 40 days after the arrival, see also section 75 (Owner’s obligation to remove transaction tag of bison, buffalo and cattle travelled from relevant place of destination).
s 54
amd 2014 SL No. 82 ss 18, 53(4), (6)–(7)
Subdivision 5
Travel approvals
sdiv hdg sub 2008 SL No. 342
s 16
55
Travel under travel approval
Bison, buffalo or cattle the subject of a travel approval travelled to or from the place the subject of the approval need not bear the approved tag the subject of the approval.
s 55
sub 2008 SL No. 342
s 16
amd 2014 SL No. 82
s 19
Part 5
Obligations of owners of travelling goats
pt hdg sub 2008 SL No. 342
s 17
Division 1
Preliminary
div hdg sub 2008 SL No. 342
s 17
56
Operation of pt 5
(1)
This part imposes obligations on the owners of goats that are to be travelled.
(2)
Generally, the obligations are those under division 2.
(3)
However, the obligations apply subject to division 3.
s 56
sub 2005 SL No. 235
s 10; 2006 SL No. 61
s 6; 2008 SL No. 342
s 17
57
How approved tag must be applied to goats
(1)
This section applies if this regulation requires an approved tag to be applied to goats.
(2)
If the approved tag is an ear tag, it must be securely attached to either ear.
(3)
If the approved tag is a goat tattoo, it must be imprinted on the inner hairless surface of either ear.
s 57
amd 2005 SL No. 235
s 11
sub 2008 SL No. 342
s 17
58
When obligation to apply an approved tag must be complied with
(1)
Subject to subsections (2) and (3), an obligation under this part to apply an approved tag to goats must be complied with before the travelling of the goats starts.
(2)
If—
(a)
the goats are travelled from a place (the place of origin) to a neighbouring holding of the place of origin and, within 48 hours after their arrival at the holding, are further travelled to another place (the final destination); and
(b)
the purpose of the travel to the neighbouring holding is to comply, at the holding, with the obligation to apply an approved tag for their travel from the place of origin to the final destination;
the obligation may be complied with before the goats leave the neighbouring holding.
(3)
If the travel starts from a place outside the State, the obligation to apply an approved tag applies only when the goats enter the State.
s 58
amd 2005 SL No. 235
s 12
sub 2008 SL No. 342
s 17
Division 2
Identification requirements
div hdg sub 2008 SL No. 342
s 17
Subdivision 1
Harvested rangeland goats
sdiv hdg ins 2008 SL No. 342
s 17
amd 2014 SL No. 82
s 20
59
Identification requirement for harvested rangeland goats travelled directly to depot
(1)
This section applies if rangeland goats are harvested at one place and are to be travelled directly to another place (the depot) for collection and sorting.
Note—
If the goats are not travelled directly to a depot or rangeland goats are harvested, collected and sorted at the same place, they become farmed goats and the relevant identification requirements under subdivision 2 apply. See section 60.
(2)
No identification requirement applies under this regulation for the travel to the depot.
Note—
See, however, the
Stock Regulation 1988
, part 3, division 1 (Travelling requirements for stock, hides and skins).
(3)
However, the owner of the goats must, within 10 days after the goats arrive at the depot, ensure they bear the following permanent tag and that the tag shows the PIC of the depot—
(a)
if the depot is registered—a post-breeder tag;
(b)
if the depot is not registered—a district post-breeder tag.
Notes—
1
When the tag is applied, the goats become farmed goats. See section 60.
2
For identification requirements for any subsequent travel of the goats, other than to a meat processing facility under subsection (4), see sections 64 and 65.
(4)
However, subsection (3) does not apply if—
(a)
the goats are proposed to be travelled directly from the depot to a meat processing facility for slaughter; and
(b)
the goats are received for slaughter by a meat processing facility within 10 days after their arrival at the depot.
(5)
Goats to which a permanent tag has been applied under subsection (3) are depot-tagged goats.
s 59
sub 2008 SL No. 342
s 17
amd 2014 SL No. 82 ss 21, 53(1)
Subdivision 2
Farmed goats
sdiv hdg ins 2008 SL No. 342
s 17
60
What are farmed goats
(1)
Goats are farmed goats if they—
(a)
have never been harvested rangeland goats; and
(b)
are the subject of husbandry.
(2)
A farmed goat under subsection (1) is a pure farmed goat.
(3)
Rangeland goats become farmed goats if they—
(a)
become depot-tagged goats; or
(b)
are harvested, collected and sorted at the same place, whether or not a permanent tag has been applied to them; or
(c)
are harvested at one place and are travelled to another place (the depot) for collection and sorting and they are not travelled directly to the depot.
(4)
For rangeland goats that become farmed goats, the place mentioned in subsection (3)
(b) or (c) is the place of farming of the goats.
s 60
sub 2008 SL No. 342
s 17
amd 2014 SL No. 82 ss 22, 53(1)
61
Pure farmed goats travelled from their place of birth
(1)
This section applies to the owner of pure farmed goats if—
(a)
the goats are to be travelled; and
(b)
the place of departure for the travel is their place of birth; and
(c)
the travel is their first travel from their place of birth; and
(d)
the place of destination for the travel does not have the same PIC as the place of birth.
(2)
If the travel is to a meat processing facility for slaughter or a saleyard for sale, the owner must ensure —
(a)
the goats bear the required breeder tag; and
(b)
the tag shows the PIC of the place of birth.
(3)
To remove any doubt, it is declared that subsection (2) applies whether or not the goats bear a goat tattoo.
(4)
If the travel is to any other place, the owner must ensure—
(a)
the goats bear a goat tattoo; or
(b)
the goats bear the required breeder tag and the tag shows the PIC of the place of birth.
(5)
In this section—
required breeder tag means—
(a)
if the place of departure is registered—a breeder tag; or
(b)
if the place of departure is not registered—a district breeder tag.
s 61
sub 2008 SL No. 342
s 17
62
Other travelling of pure farmed goats
(1)
This section applies to the owner of pure farmed goats if—
(a)
the goats are to be travelled; and
(b)
the place of departure for the travel is not their place of birth, or the travel is not their first travel from their place of birth; and
(c)
the place of destination for the travel does not have the same PIC as the place of departure; and
(d)
either—
(i)
the goats did not bear a permanent tag when they arrived at the place of departure; or
(ii)
the goats did bear a permanent tag when they arrived at the place of departure but they no longer bear the tag.
(2)
If the travel is to a meat processing facility for slaughter or a saleyard for sale, the owner must ensure—
(a)
the goats bear the required post-breeder tag; and
(b)
the tag shows the PIC of the place of departure.
(3)
To remove any doubt, it is declared that subsection (2) applies whether or not the goats bear a goat tattoo.
(4)
If the travel is to any other place, the owner must ensure—
(a)
the goats bear a goat tattoo; or
(b)
the goats bear the required post-breeder tag and the tag shows the PIC of the place of departure.
(5)
In this section—
required post-breeder tag means—
(a)
if the place of departure is registered—a post-breeder tag; or
(b)
if the place of departure is not registered—a district post-breeder tag.
s 62
sub 2008 SL No. 342
s 17
63
Other farmed goats—first travel from place of farming
(1)
This section applies to the owner of farmed goats if—
(a)
the goats are to be travelled; and
(b)
the goats travelled are rangeland goats; and
(c)
the goats are not depot-tagged goats; and
(d)
the place of departure for the travel is their place of farming; and
(e)
the travel is their first travel from the place of farming; and
(f)
the place of farming does not have the same PIC as the place of destination.
(2)
The owner must ensure the goats bear the following permanent tag and that the tag shows the PIC of the place of farming—
(a)
if the place of farming is registered—a breeder tag;
(b)
if the place of farming is not registered—a district breeder tag.
s 63
amd 2005 SL No. 235
s 13
sub 2008 SL No. 342
s 17
amd 2014 SL No. 82
s 53
(2)
64
Other travel of farmed goats
(1)
This section applies to the owner of farmed goats if—
(a)
the goats are to be travelled; and
(b)
the goats travelled are rangeland goats; and
(c)
either—
(i)
the goats are depot-tagged goats; or
(ii)
the place of departure for the travel is not their place of farming; or
(iii)
the travel is not their first travel from their place of farming; and
(d)
the place of destination for the travel does not have the same PIC as the place of departure; and
(e)
either—
(i)
the goats did not bear a permanent tag when they arrived at the place of departure; or
(ii)
the goats did bear a permanent tag when they arrived at the place of departure but they no longer bear the tag.
(2)
The owner must ensure the goats bear the following permanent tag and that the tag shows the PIC of the place of departure—
(a)
if the place of departure is registered—a post-breeder tag;
(b)
if the place of departure is not registered—a district post-breeder tag.
s 64
amd 2005 SL No. 235
s 15
sub 2008 SL No. 342
s 17
amd 2014 SL No. 82
s 53
(2)
Division 3
When requirements about identification do not apply
div hdg sub 2008 SL No. 342
s 17
Subdivision 1
Requirements under division 2
sdiv hdg ins 2005 SL No. 235
s 14
sub 2008 SL No. 342
s 17
65
Meat processing facility sales of particular farmed goats
s 65
sub 2008 SL No. 342
s 17
om 2014 SL No. 82
s 23
66
Temporary travel to neighbouring holding
Division 2 does not apply to goats to be travelled, for ordinary stock management purposes, to and from a neighbouring holding of their place of departure if they are returned to the place of departure within 48 hours.
s 66
sub 2008 SL No. 342
s 17
67
Travel to and from sporting event
Division 2 does not apply to goats to be travelled from a holding to a sporting event and then returned to the holding if—
(a)
no designated stock of the same species from another holding are present while the goats are at the sporting event; and
(b)
the goats are returned within 48 hours.
s 67
sub 2008 SL No. 342
s 17
Subdivision 2
Travel approvals
sdiv hdg ins 2005 SL No. 235
s 16
sub 2008 SL No. 342
s 17
67A
Travel under travel approval
Goats the subject of a travel approval travelled to or from the place the subject of the approval need not bear the approved tag the subject of the approval.
s 67A
ins 2005 SL No. 235
s 16
sub 2008 SL No. 342
s 17
Part 5A
Obligations of owners of travelling pigs
pt hdg ins 2008 SL No. 342
s 17
Division 1
Identification requirements
div hdg ins 2008 SL No. 342
s 17
67B
Pigs first travelled from their place of birth
(1)
This section applies to the owner of pigs if—
(a)
the pigs are to be travelled; and
(b)
the place of departure for the travel is their place of birth; and
(c)
the travel is their first travel from their place of birth; and
(d)
the place of destination for the travel does not have the same PIC as the place of birth.
(2)
The owner must ensure the pigs bear a permanent tag.
(3)
The permanent tag may be a pig brand or a pig ear tag.
(4)
If the pigs bear a pig ear tag, the tag must show the PIC of the place of birth.
s 67B
ins 2005 SL No. 235
s 16
sub 2006 SL No. 61
s 7; 2008 SL No. 342
s 17
67C
Other travelling of pigs
(1)
This section applies to the owner of pigs if—
(a)
the pigs are to be travelled; and
(b)
the place of departure for the travel is not their place of birth, or the travel is not their first travel from their place of birth; and
(c)
the place of destination for the travel does not have the same PIC as the place of departure; and
(d)
either—
(i)
the pigs did not bear a pig brand or a pig ear tag when they arrived at the place of departure; or
(ii)
the pigs did bear a pig brand or a pig ear tag when they arrived at the place of departure but they no longer bear that tag.
(2)
The owner must ensure the pigs bear a permanent tag.
(3)
The permanent tag may be a pig brand or a pig ear tag.
(4)
If the pigs bear a pig ear tag, the tag must show the PIC of the place of departure.
s 67C
ins 2005 SL No. 235
s 16
sub 2008 SL No. 342
s 17
67D
How approved tag must be applied to pigs
If this regulation requires an approved tag to be applied to pigs, it must be—
(a)
if the approved tag is a pig brand—imprinted in the way required under the
Brands Act 1915
; or
Note—
Under the
Brands Act 1915
, section 11A
(5), a pig brand must be imprinted, by way of a tattoo on each side of the pig, with a branding instrument of an approved type or make and an approved fluid or paste.
(b)
if the approved tag is a pig ear tag—securely attached to the middle of either ear of the pigs.
s 67D
ins 2005 SL No. 235
s 16
sub 2008 SL No. 342
s 17
67E
When requirement must be complied with
(1)
An obligation under this division to apply an approved tag to pigs must be complied with before the relevant travelling of pigs starts.
(2)
However, if the travel starts from a place outside the State, the requirement applies only when the pigs enter the State.
s 67E
ins 2008 SL No. 342
s 17
Division 2
When requirements about identification do not apply
div hdg ins 2008 SL No. 342
s 17
Subdivision 1
Requirements under division 1
sdiv 1 (ss 67F–67H) ins 2008 SL No. 342
s 17
67F
Travel without ownership change
Division 1 does not apply to pigs to be travelled if the person who owns them when the travel starts continues to own them when they reach the place of destination for the travel.
sdiv 1 (ss 67F–67H) ins 2008 SL No. 342
s 17
67G
Temporary travel to neighbouring holding
Division 1 does not apply to pigs to be travelled, for ordinary stock management purposes, to and from a neighbouring holding of their place of departure if they are returned to the place of departure within 48 hours.
sdiv 1 (ss 67F–67H) ins 2008 SL No. 342
s 17
67H
Travel to and from sporting event
Division 1 does not apply to pigs to be travelled from a holding to a sporting event and then returned to the holding if—
(a)
no pigs from another holding are present while the pigs are at the sporting event; and
(b)
the pigs are returned within 48 hours.
sdiv 1 (ss 67F–67H) ins 2008 SL No. 342
s 17
Subdivision 2
Travel approvals
sdiv 2 (s 67I) ins 2008 SL No. 342
s 17
67I
Travel under travel approval
Pigs the subject of a travel approval travelled to or from the place the subject of the approval need not bear the approved tag the subject of the approval.
sdiv 2 (s 67I) ins 2008 SL No. 342
s 17
Part 5B
Obligations of owners of travelling sheep
pt hdg ins 2008 SL No. 342
s 17
Division 1
Preliminary
div 1 (ss 67J–67L) ins 2008 SL No. 342
s 17
67J
Operation of pt 5B
(1)
This part imposes obligations on the owners of sheep that are to be travelled.
(2)
Generally, the obligations are those under division 2.
(3)
However, the obligations apply subject to division 3.
div 1 (ss 67J–67L) ins 2008 SL No. 342
s 17
67K
How approved tag must be applied to sheep
If this regulation requires an approved tag to be applied to sheep, it must be securely attached to either ear.
div 1 (ss 67J–67L) ins 2008 SL No. 342
s 17
67L
When obligation to apply an approved tag must be complied with
(1)
Subject to subsections (2) and (3), an obligation under this part to apply an approved tag to sheep must be complied with before the relevant travelling of the sheep starts.
(2)
If—
(a)
the sheep are travelled from a place (the place of origin) to a neighbouring holding of the place of origin and, within 48 hours after their arrival at the holding, are further travelled to another place (the final destination); and
(b)
the purpose of the travel to the neighbouring holding is to comply, at the holding, with the obligation to apply an approved tag for their travel from the place of origin to the final destination;
the obligation may be complied with before the sheep leave the neighbouring holding.
(3)
If the travel starts from a place outside the State, the obligation to apply an approved tag applies only when the sheep enter the State.
div 1 (ss 67J–67L) ins 2008 SL No. 342
s 17
Division 2
Identification requirements
div 2 (ss 67M–67N) ins 2008 SL No. 342
s 17
67M
Sheep first travelled from their place of birth
(1)
This section applies to the owner of sheep if—
(a)
the sheep are to be travelled; and
(b)
the place of departure for the travel is their place of birth; and
(c)
the travel is their first travel from their place of birth; and
(d)
the place of destination for the travel does not have the same PIC as the place of birth.
(2)
The owner must ensure the sheep bear the required permanent tag and that the tag shows the PIC of the place of birth.
(3)
In this section—
required permanent tag means—
(a)
if the place of birth is registered—a breeder tag;
(b)
if the place of birth is not registered—a district breeder tag.
div 2 (ss 67M–67N) ins 2008 SL No. 342
s 17
67N
Other travelling of sheep
(1)
This section applies to the owner of sheep if—
(a)
the sheep are to be travelled; and
(b)
the place of departure for the travel is not their place of birth, or the travel is not their first travel from their place of birth; and
(c)
the place of destination for the travel does not have the same PIC as the place of departure; and
(d)
either—
(i)
the sheep did not bear a permanent tag when they arrived at the place of departure; or
(ii)
the sheep did bear a permanent tag when they arrived at the place of departure but they no longer bear the tag.
(2)
The owner must ensure the sheep bear the required permanent tag and that the tag shows the PIC of the place of departure.
(3)
In this section—
required permanent tag means—
(a)
if the place of departure is registered—a post breeder tag;
(b)
if the place of departure is not registered—a district post breeder tag.
div 2 (ss 67M–67N) ins 2008 SL No. 342
s 17
Division 3
When requirements about identification do not apply
div hdg ins 2008 SL No. 342
s 17
Subdivision 1
Requirements under division 2
sdiv hdg ins 2008 SL No. 342
s 17
67O
Particular meat processing facility sales
s 67O
ins 2008 SL No. 342
s 17
om 2014 SL No. 82
s 24
67P
Temporary travel to neighbouring holding
Division 2 does not apply to sheep to be travelled, for ordinary stock management purposes, to and from a neighbouring holding of their place of departure if they are returned to the place of departure within 48 hours.
Examples of ordinary stock management purposes for sheep—
crutching and shearing
s 67P
ins 2008 SL No. 342
s 17
67Q
Travel to and from sporting event
Division 2 does not apply to sheep to be travelled from a holding to a sporting event and then returned to the holding if—
(a)
no designated stock of the same species from another holding are present while the sheep are at the sporting event; and
(b)
the sheep are returned within 48 hours.
s 67Q
ins 2008 SL No. 342
s 17
Subdivision 2
Travel approvals
sdiv 2 (s 67R) ins 2008 SL No. 342
s 17
67R
Travel under travel approval
Sheep the subject of a travel approval travelled to or from the place the subject of the approval need not bear the approved tag the subject of the approval.
sdiv 2 (s 67R) ins 2008 SL No. 342
s 17
Part 5C
Travel approvals for bison, buffalo, cattle, goats, pigs or sheep
pt hdg ins 2008 SL No. 342
s 17
amd 2014 SL No. 82
s 25
67S
Power to grant travel approval
(1)
The chief inspector may grant an approval (a travel approval) for particular stock that are bison, buffalo, cattle, goats, pigs or sheep travelled, or to be travelled, to or from a particular registered place not to bear a particular approved tag or to be untagged for the travel.
(2)
However, a travel approval may be granted only if an application for the approval has been made under this part.
s 67S
ins 2008 SL No. 342
s 17
amd 2014 SL No. 82
s 53
(3)
67T
Who may apply
An owner of the stock or of the registered place may apply for the travel approval.
s 67T
ins 2008 SL No. 342
s 17
67U
Requirements for application
The application must—
(a)
be in the approved form; and
(b)
state the proposed period of, and the stock proposed to be subject to, the travel approval; and
(c)
demonstrate how, if the travel approval is granted, the stock will still be able to be traced under NLIS.
Example of how paragraph (c) may be complied with—
The application is proposed to be made by the owner of a registered saleyard for all cattle travelled to or from the saleyard. Paragraph (c) may be complied with by showing that the saleyard has electronic readers or other facilities that are adequate to ensure part 6 will be complied with for all of the cattle.
s 67U
ins 2008 SL No. 342
s 17
67V
Deciding application
(1)
The chief inspector may grant the travel approval sought in the application only if satisfied the stock proposed to be subject to the approval will still be traceable under NLIS.
(2)
Otherwise, the chief inspector must refuse to grant the travel approval.
(3)
The travel approval may be granted for—
(a)
a particular period or no particular period; or
(b)
particular stock, or all stock, travelled to or from the place the subject of the travel approval.
(4)
The chief inspector may impose conditions on the travel approval.
(5)
If the chief inspector decides to refuse to grant the travel approval, or to impose conditions on the approval, the chief inspector must give the applicant an information notice about the decision.
s 67V
ins 2008 SL No. 342
s 17
Part 6
Obligations of persons receiving any travelling bison, buffalo, cattle or untagged sheep
pt hdg amd 2014 SL No. 82
s 26
Division 1
Bison, buffalo and cattle with an approved tag
div hdg amd 2014 SL No. 82
s 27
68
Application and operation of div 1
This division applies if—
(a)
travelling stock are bison, buffalo or cattle; and
(b)
the place of destination for the animals (the relevant place of destination)—
(i)
is not a neighbouring holding mentioned in section 51 or 52; and
(ii)
does not have the same PIC as the place of departure for the animals; and
(c)
the animals bear an approved tag when they arrive at the relevant place of destination.
s 68
amd 2014 SL No. 82 ss 28, 53(4), (6)
68A
Definitions for div 1
In this division—
approved showground event, for bison, buffalo or cattle, means an event at a showground—
(a)
that is staged for no more than 96 hours; or
(b)
during which, the number of bison, buffalo or cattle present at the event at any 1 time is not more than 500; or
(c)
during which, all bison, buffalo or cattle present at the event come from the same place of departure.
approved sporting event, for bison, buffalo or cattle, means a sporting event—
(a)
that is staged for no more than 96 hours; or
(b)
during which, the number of bison, buffalo or cattle present at the event at any 1 time is not more than 500; or
(c)
during which, all bison, buffalo or cattle present at the event come from the same place of departure.
relevant place of destination see section 68
(1)
(b).
responsible person means—
(a)
if the relevant place of destination for bison, buffalo or cattle is a saleyard—the owner of the saleyard; or
(b)
if the relevant place of destination for bison, buffalo or cattle is an approved showground event or approved sporting event—the organiser of the event; or
(c)
otherwise—the person who receives the bison, buffalo or cattle at the place.
s 68A
ins 2014 SL No. 82
s 29
69
General obligations for particular relevant places of destination
(1)
This section applies if the relevant place of destination for bison, buffalo or cattle is not—
(a)
a stock transit facility; or
(b)
a meat processing facility; or
(c)
an approved showground event; or
(d)
an approved sporting event.
(2)
The responsible person must, within 48 hours after the arrival of the animals, give the approved NLIS administrator notice of the following information—
(a)
the day the animals arrived at the relevant place of destination;
(b)
the PIC of the place of departure for the animals;
(c)
the PIC of the relevant place of destination;
(d)
any number shown by a microchip or permanent tag;
(e)
the serial number of any relevant waybill given to the responsible person for the travel of the animals to the place of destination.
Note—
See section 72
(3) for exception from the obligation under subsection (2).
s 69
amd 2005 SL No. 235
s 17
sub 2014 SL No. 82
s 30
69A
Obligations if relevant place of destination is a meat processing facility
(1)
This section applies if the relevant place of destination for buffalo, bison or cattle is a meat processing facility.
(2)
If the animals are to be slaughtered within 5 working days after arrival at the facility, the responsible person must give the approved NLIS administrator notice of the following information within 48 hours after the slaughter of the animals—
(a)
the day the animals arrived at the facility;
(b)
the PIC of the place of departure for the animals;
(c)
the PIC of the facility;
(d)
the day the animals were slaughtered;
(e)
any number shown by a microchip or permanent tag;
(f)
the serial number of any relevant waybill given to the responsible person for the travel of the animals to the place of destination.
(3)
If the animals are to be slaughtered more than 5 working days after arrival at the facility, the responsible person must give the approved NLIS administrator—
(a)
the following information within 5 working days after the arrival of the animals—
(i)
the day the animals arrived at the facility;
(ii)
the PIC of the place of departure for the animals;
(iii)
the PIC of the facility;
(iv)
the serial number of any relevant waybill given to the responsible person for the travel of the animals to the place of destination; and
(b)
the following information within 48 hours after the slaughter of the animals—
(i)
the PIC of the facility;
(ii)
the day the animals were slaughtered;
(iii)
any number shown by a microchip or permanent tag.
s 69A
ins 2014 SL No. 82
s 30
70
Obligations if relevant place of destination is a stock transit facility
(1)
This section applies if—
(a)
the relevant place of destination for bison, buffalo or cattle is a stock transit facility; and
Note—
See also section 89A (Section 70 obligations also apply for untagged bison, buffalo and cattle that arrive at a stock transit facility).
(b)
the animals leave the relevant place of destination.
(2)
The responsible person must, within 48 hours after the animals leave the relevant place of destination, give the approved NLIS administrator notice of all of the following information—
(a)
any PIC of the place of departure for the animals;
(b)
any PIC of the relevant place of destination;
(c)
how many animals were received;
(d)
the serial number of any relevant waybill given to the responsible person for the travel of the animals to the relevant place of destination.
(3)
To remove any doubt, it is declared that this section does not affect an obligation under this division or division 2 of another person who later receives the animals at another place.
s 70
amd 2005 SL No. 235
s 18
; 2014 SL No. 82
s 31
70A
Obligations if relevant place of destination is an approved showground event or approved sporting event
(1)
This section applies if the relevant place of destination for bison, buffalo or cattle is an approved showground event or approved sporting event.
(2)
The responsible person must give the approved NLIS administrator notice of the arrival and departure details within 48 hours after the arrival of the animals at the relevant place of destination.
(3)
However, if all of the following requirements are complied with, the responsible person need only give the approved NLIS administrator notice of the arrival details within 48 hours after the arrival of the animals at the relevant place of destination—
(a)
the animals are travelled from the place of departure for the animals directly to the relevant place of destination;
(b)
the animals leave the relevant place of destination no later than 2 days after the end of the approved showground event or sporting event;
(c)
the animals leave the relevant place of destination for the purpose of returning the animals directly to the place of departure for the animals.
(4)
The requirement under subsection (3)
(b) does not apply if there is a reasonable excuse as to why the animals leave the relevant place of destination later than 2 days.
(5)
In this section—
arrival details, for animals, means the following information—
(a)
the day the animals arrived at the relevant place of destination;
(b)
the PIC of the relevant place of destination;
(c)
any number shown by a microchip or permanent tag;
(d)
the serial number of any relevant waybill given to the responsible person for the travel of the animals to the place of destination.
departure details, for animals, means the PIC of the place of departure for the animals.
s 70A
ins 2014 SL No. 82
s 32
71
Additional obligation of selling agent if permanent tag is malfunctioning
(1)
This section applies if—
(a)
the relevant place of destination for bison, buffalo or cattle is a saleyard, and, at the saleyard, a selling agent acts in the sale of a head of bison, buffalo or cattle that bears a breeder tag or post-breeder tag (the existing tag); and
(b)
the existing tag is malfunctioning.
(2)
The selling agent must, before the animal leaves the saleyard—
(a)
ensure the animal bears a saleyard tag that shows the PIC of the saleyard; or
(b)
under section 36
(1)
(b), replace the existing tag with a saleyard post-breeder tag.
(3)
If a saleyard tag is applied to the animal, the selling agent must, as soon as practicable after the animal leaves the saleyard, give the person who is to receive the animal notice that the animal bears the tag.
s 71
amd 2014 SL No. 82
s 33
72
Additional obligations for out-going bison, buffalo and cattle at saleyard or particular live export holdings
(1)
This section applies if—
(a)
the relevant place of destination for bison, buffalo or cattle is a saleyard or a live export holding; and
(b)
the animals leave the relevant place of destination; and
(c)
if the relevant place of destination is a live export holding, the leaving of the place is for the purposes of being exported.
(2)
The responsible person must, within 48 hours after the animals leave the place, give the approved NLIS administrator notice of all of the following information—
(a)
the information mentioned in section 69
(2)
(b) to (d) for their travel (the further travel) from the saleyard or live export holding;
(b)
the day they left the relevant place of destination;
(c)
if the relevant place of destination is a live export holding—the serial number of the certificate under the
Export Control Act 1982 (Cwlth) for the export of the animals;
(d)
the serial number of any relevant waybill for the further travel.
(3)
If—
(a)
the relevant place of destination is a saleyard; and
(b)
the relevant place of destination for the further travel is a farm, feedlot or station; and
(c)
the responsible person has complied with subsection (2);
section 69
(2) does not apply to the responsible person for the further travel.
(4)
To remove any doubt, it is declared that subsection (3) does not affect an obligation under division 2, subdivision 1, of the responsible person for the further travel.
s 72
amd 2014 SL No. 82
s 34
73
Selling agent’s obligation to ensure particular bobby calves bear a saleyard post-breeder tag
s 73
om 2007 SL No. 239
s 6
74
Additional obligations of meat processing facility owners
(1)
This section applies if—
(a)
the relevant place of destination for bison, buffalo or cattle is a meat processing facility; and
(b)
the animals are slaughtered at the facility.
(2)
The person who owns the facility must ensure each part of the carcase of each of the animals initially slaughtered and dismembered is correlated to—
(a)
if the animal only bears a transaction tag—the number recorded on or shown by the tag; or
(b)
if the animal bears a permanent tag—
(i)
the number recorded on or shown by the tag; or
(ii)
the number shown by any microchip included in the tag.
(3)
The correlation may be done in any way the owner considers appropriate.
s 74
amd 2014 SL No. 82
s 35
75
Owner’s obligation to remove transaction tag of bison, buffalo and cattle travelled from relevant place of destination
(1)
This section applies only to those of the bison, buffalo or cattle that bear a transaction tag (the old tag).
(2)
The owner of the animals must remove the old tag if—
(a)
after their arrival at the relevant place of destination, the animals are further travelled (the second travel); and
(b)
the second travel starts more than 40 days after the arrival; and
(c)
under section 47, the owner must, for the second travel, ensure the animals bear a transaction tag.
(3)
Subsection (2) does not prevent the owner from, within the 40 days, applying another transaction tag (a new tag) for the second travel.
(4)
However, if the owner applies a new tag, the owner must ensure—
(a)
the old tag is removed; and
(b)
the new tag complies with section 48.
Note—
See also section 44 (How approved tags must be applied to bison, buffalo and cattle).
s 75
amd 2014 SL No. 82 ss 36, 53(4), (6)–(7)
Division 1A
Tagged and untagged goats or sheep
div 1A (ss 75A–75H) ins 2014 SL No. 82
s 37
75A
Application and operation of div 1A
This division applies if—
(a)
travelling stock are goats or sheep; and
(b)
the place of destination for the goats or sheep (the relevant place of destination)—
(i)
is not a neighbouring holding mentioned in section 67P; and
(ii)
does not have the same PIC as the place of departure for the goats or sheep.
div 1A (ss 75A–75H) ins 2014 SL No. 82
s 37
75B
Definitions for div 1A
In this division—
relevant place of destination see section 75A
(b).
responsible person means—
(a)
if the relevant place of destination is a saleyard—the owner of the saleyard; or
(b)
otherwise—the person who receives goats or sheep at a place.
div 1A (ss 75A–75H) ins 2014 SL No. 82
s 37
75C
Obligations if place of destination is not a meat processing facility, saleyard or live export holding
(1)
This section applies if the relevant place of destination for goats or sheep is not a meat processing facility, saleyard or live export holding.
(2)
The responsible person must, within 48 hours after the arrival of the animals at the relevant place of destination, give the approved NLIS administrator notice of the following information—
(a)
the day the animals arrived at the relevant place of destination;
(b)
the PIC of the place of departure for the animals;
(c)
the PIC of the relevant place of destination;
(d)
the number of animals received, including the number of the same species of goats or sheep received;
(e)
the PIC recorded on or shown by a permanent tag (other than the PIC of the place of departure for the animals);
(f)
for any relevant waybill given to the responsible person for the travel of the animals to the place of destination—
(i)
the serial number of the waybill; and
(ii)
any PIC recorded on the waybill (other than the PIC of the place of departure for the animals).
div 1A (ss 75A–75H) ins 2014 SL No. 82
s 37
75D
Obligations if place of destination is a meat processing facility and animals slaughtered within 5 days of arrival
(1)
This section applies if the relevant place of destination for goats or sheep is a meat processing facility.
Note—
See also section 75E (Obligations for goats or sheep travelled from saleyard to meat processing facility).
(2)
If the animals are to be slaughtered within 5 working days after arrival at the facility, the responsible person must give the approved NLIS administrator notice of the following information within 48 hours after the slaughter of the animals—
(a)
the PIC of the place of departure for the animals;
(b)
the PIC of the facility;
(c)
the number of animals received at the facility, including the number of the same species of goats or sheep received;
(d)
the day the animals were slaughtered;
(e)
the number of animals slaughtered, including the number of the same species of goats or sheep slaughtered;
(f)
the PIC recorded on or shown by a permanent tag (other than the PIC of the place of departure for the animals);
(g)
for any relevant waybill given to the responsible person for the travel of the animals to the place of destination—
(i)
the serial number of the waybill; and
(ii)
any PIC recorded on the waybill (other than the PIC of the place of departure for the animals).
(3)
If the animals are to be slaughtered more than 5 working days after arrival at the facility, the responsible person must give the approved NLIS administrator—
(a)
the following information within 5 working days after the arrival of the animals—
(i)
the day the animals arrived at the facility;
(ii)
the PIC of the place of departure for the animals;
(iii)
the PIC of the facility;
(iv)
the number of animals received at the facility, including the number of the same species of goats or sheep received;
(v)
the PIC recorded on or shown by a permanent tag (other than the PIC of the place of departure for the animals);
(vi)
for any relevant waybill given to the responsible person for the travel of the animals to the place of destination—
(A)
the serial number of the waybill; and
(B)
any PIC recorded on the waybill (other than the PIC of the place of departure for the animals); and
(b)
the following information within 48 hours after the slaughter of the animals—
(i)
the PIC of the facility;
(ii)
the day the animals were slaughtered;
(iii)
the number of animals slaughtered, including the number of the same species of goats or sheep slaughtered.
div 1A (ss 75A–75H) ins 2014 SL No. 82
s 37
75E
Obligations for goats or sheep travelled from saleyard to meat processing facility
(1)
This section applies if the relevant place of destination for goats or sheep is—
(a)
a meat processing facility; and
(b)
the place of departure for the goats or sheep is a saleyard.
(2)
The responsible person must, within 48 hours after the animals were slaughtered, give the approved NLIS administrator notice of the following information—
(a)
the PIC of the facility;
(b)
the day the animals were slaughtered;
(c)
the number of animals slaughtered, including the number of the same species of goats or sheep slaughtered;
(d)
the PIC recorded on or shown by a permanent tag (other than the PIC of the place of departure for the animals).
div 1A (ss 75A–75H) ins 2014 SL No. 82
s 37
75F
Obligations if place of destination is a saleyard or live export holding
(1)
This section applies if the relevant place of destination for goats or sheep is a saleyard or live export holding.
Note—
See also sections 75G (Additional obligation for out-going goats or sheep at saleyard) and 75H (Additional obligation for out-going goats or sheep at live export holding).
(2)
The responsible person must, within 48 hours after the animals leave the relevant place of destination, give the approved NLIS administrator notice of the following information—
(a)
the day the animals arrive at the relevant place of destination;
(b)
the PIC of the place of departure for the animals;
(c)
the PIC of the relevant place of destination;
(d)
the number of animals that arrive at the relevant place of destination, including the number of the same species of goats or sheep received;
(e)
the PIC recorded on or shown by a permanent tag (other than the PIC of the place of departure for the animals);
(f)
for any relevant waybill given to the responsible person for the travel of the animals to the place of destination—
(i)
the serial number of the waybill; and
(ii)
any PIC recorded on the waybill (other than the PIC of the place of departure for the animals).
div 1A (ss 75A–75H) ins 2014 SL No. 82
s 37
75G
Additional obligation for out-going goats or sheep at saleyard
(1)
This section applies if—
(a)
the relevant place of destination for goats or sheep is a saleyard; and
(b)
both of the following requirements are complied with—
(i)
the goats or sheep leave the saleyard;
(ii)
the goats or sheep are further travelled to another place (the final destination).
(2)
The responsible person must, within 48 hours after the animals leave the saleyard, give the approved NLIS administrator notice of the following information—
(a)
the PIC of the saleyard;
(b)
the PIC of the final destination;
(c)
the day the animals leave the saleyard;
(d)
the number of animals further travelled to the final destination, including the number of the same species of goats or sheep travelled;
(e)
the PIC recorded on or shown by a permanent tag (other than the PIC of the place of departure for the animals);
(f)
if a saleyard applies a saleyard post-breeder tag to an animal—
(i)
the PIC of the saleyard recorded on or shown by the tag; and
(ii)
the serial number shown by the sale post-breeder tag.
div 1A (ss 75A–75H) ins 2014 SL No. 82
s 37
75H
Additional obligation for out-going goats or sheep at live export holding
(1)
This section applies if—
(a)
the relevant place of destination for goats or sheep is a live export holding; and
(b)
all of the following requirements are complied with—
(i)
the goats or sheep leave the live export holding;
(ii)
the goats or sheep are further travelled to another place;
(iii)
the further travel is for the purpose of export.
(2)
The responsible person must, within 48 hours after the animals leave the live export holding, give the approved NLIS administrator notice of the following information—
(a)
the PIC of the live export holding;
(b)
the day the animals leave the live export holding;
(c)
the number of animals exported, including the number of the same species of goats or sheep exported;
(d)
the PIC recorded on or shown by a permanent tag (other than the PIC of the place of departure for the animals).
div 1A (ss 75A–75H) ins 2014 SL No. 82
s 37
Division 2
Untagged bison, buffalo, cattle, goats, pigs or sheep
div hdg amd 2014 SL No. 82
s 38
Subdivision 1
Obligation of particular persons to give inspector notice of particular consignments
76
Obligation to notify
(1)
If—
(a)
a consignment of bison, buffalo, cattle, goats, pigs or sheep arrives at a registered place; and
(b)
any of them are unlawfully untagged;
the relevant person must, within the required period, give an inspector notice of the arrival.
(2)
In this section—
relevant person means—
(a)
if the registered place is a saleyard—a selling agent who has been engaged to act in the sale of the consignment at the saleyard; or
(b)
if the registered place is a meat processing facility—its owner; or
(c)
if the registered place is a live export holding—the person in charge of stock at the holding; or
(d)
if the registered place is other than a meat processing facility, live export holding or a saleyard—the person responsible for stock at the place.
required period means—
(a)
the period that ends 24 hours after the consignment arrives at the registered place; or
(b)
if the chief inspector agrees to a longer period—the longer period.
s 76
amd 2005 SL No. 235
s 19; 2008 SL No. 342
s 18; 2014 SL No. 82
s 53
(3)
Subdivision 2
Further obligations of saleyard selling agents
77
Application of sdiv 2
This subdivision applies if—
(a)
a selling agent has been engaged to act in the proposed sale of bison, buffalo, cattle, goats, pigs or sheep at a saleyard; and
(b)
the bison, buffalo, cattle, goats, pigs or sheep do not bear a permanent tag when they arrive at the saleyard.
s 77
amd 2008 SL No. 342
s 19; 2014 SL No. 82
s 53
(3)
78
Obligation to ensure bison, buffalo, cattle, goats, pigs or sheep bear a saleyard post-breeder tag
The selling agent must ensure the bison, buffalo, cattle, goats, pigs or sheep bear a saleyard post-breeder tag that shows the PIC of the saleyard before they leave the saleyard.
s 78
sub 2008 SL No. 342
s 20
amd 2014 SL No. 82 ss 39, 53(3)
79
Record-making and notification obligations
(1)
For bison, buffalo or cattle, the selling agent must within 48 hours after they leave the saleyard, make a record of all of the following information and give the approved NLIS administrator the information—
(a)
any PIC of the place of departure for the animals for their travel to the saleyard;
(b)
the PIC of the saleyard;
(c)
the number shown by the microchip included in the saleyard post-breeder tag applied under section 78;
(d)
the day the animals left the saleyard.
(2)
For goats, pigs or sheep, the selling agent must within 48 hours after they leave the saleyard, make a record of all of the following information—
(a)
any PIC of the place of departure for the goats, pigs or sheep for their travel to the saleyard;
(b)
the PIC of the saleyard;
(c)
the number shown by the saleyard post-breeder tag applied under section 78;
(d)
the day the goats, pigs or sheep left the saleyard.
(3)
To remove any doubt, it is declared that subsections (1) and (2) apply whether or not the proposed sale is made or completed.
s 79
amd 2008 SL No. 342
s 21; 2014 SL No. 82
s 53
(4), (6)
80
Record-keeping obligations
The selling agent must—
(a)
keep each record required to be made under section 79 for 5 years from when the notice is given under the section; and
(b)
during the 5 years, produce the record to an inspector if the inspector asks the agent to produce it for inspection, unless the selling agent has a reasonable excuse.
Subdivision 3
Further obligations of meat processing facility owners
81
Obligation not to mix untagged bison, buffalo, cattle, goats, pigs or sheep with other animals
(1)
This section applies if untagged bison, buffalo, cattle, goats, pigs or sheep arrive at a meat processing facility.
(2)
The owner of the facility must ensure the bison, buffalo, cattle, goats, pigs or sheep are, until they are slaughtered, not mixed with other animals at the facility other than animals that were in the same consignment as the untagged bison, buffalo, cattle, goats, pigs or sheep.
s 81
amd 2008 SL No. 342
s 22; 2014 SL No. 82 ss 40, 53(3)
82
Obligations relating to unlawfully untagged bison, buffalo, cattle, goats, pigs or sheep
(1)
This section applies if unlawfully untagged bison, buffalo, cattle, goats, pigs or sheep arrive at a meat processing facility.
(2)
Whether or not the bison, buffalo, cattle, goats, pigs or sheep are slaughtered at the facility, the owner of the facility must, within the required period—
(a)
make a record of any PIC of the last farm, feedlot or station on which the bison, buffalo, cattle, goats, pigs or sheep were last held; and
(b)
for bison, buffalo or cattle, give the approved NLIS administrator notice of the PIC.
(3)
If the unlawfully untagged animals are bison, buffalo or cattle and they are slaughtered at the facility, the owner must, within the required period—
(a)
give each of their carcases a number and make a record of the numbers; and
(b)
if the place of departure for the animals for their travel to the meat processing facility has a PIC—correlate the PIC with the carcase numbers and make a record of the correlation.
(4)
The correlation may be done in any way the owner considers appropriate.
(5)
In this section—
required period means—
(a)
if the bison, buffalo, cattle, goats, pigs or sheep were received by the facility for slaughter—
(i)
the period that ends 48 hours after the bison, buffalo, cattle, goats, pigs or sheep are slaughtered; or
(ii)
if the chief inspector agrees to a longer period—the longer period; or
(b)
otherwise—the period that ends 48 hours after the owner receives the bison, buffalo, cattle, goats, pigs or sheep.
s 82
amd 2008 SL No. 342
s 23; 2014 SL No. 82 ss 41, 53(3)–(4), (6)
83
Record-keeping obligations
(1)
This section applies to the person who from time to time is the owner of the meat processing facility during the period that ends 5 years after the last notice is given under section 82 for the arrival of the bison, buffalo, cattle, goats, pigs or sheep.
(2)
The person must, unless the person has a reasonable excuse, ensure each record about the bison, buffalo, cattle, goats, pigs or sheep made under the section is kept and produced to an inspector if the inspector asks the person to produce it for inspection.
s 83
amd 2008 SL No. 342
s 24
amd 2014 SL No. 82
s 53
(3)
Subdivision 4
Further obligations of persons in charge of stock at live export holdings
84
Application of sdiv 4
This subdivision applies if untagged bison, buffalo, cattle, goats, pigs or sheep arrive at a live export holding.
s 84
amd 2008 SL No. 342
s 25
amd 2014 SL No. 82
s 53
(3)
85
Obligation to find out PIC of last farm, feedlot or station of bison, buffalo, cattle, goats, pigs or sheep
The person in charge of stock at the live export holding must, unless the person has a reasonable excuse, find out the PIC of the last farm, feedlot or station on which the bison, buffalo, cattle, goats, pigs or sheep were last held.
s 85
amd 2008 SL No. 342
s 26; 2014 SL No. 82 ss 42, 53(3)
86
Obligation to apply tag to unlawfully untagged bison, buffalo, cattle, goats, pigs or sheep
(1)
If the bison, buffalo, cattle, goats, pigs or sheep were unlawfully untagged for their travel to the live export holding, the person in charge of stock at the live export holding must apply the following tag—
(a)
for bison, buffalo, cattle, goats or sheep—a post-breeder tag;
(b)
for pigs—a permanent tag.
(2)
The person in charge must ensure the tag shows its serial number and the PIC of the live export holding.
s 86
amd 2005 SL No. 235
s 20; 2008 SL No. 342
s 27; 2014 SL No. 82 ss 43, 53(3)
87
Record-making and notification obligations
(1)
This section applies if—
(a)
travelling stock are bison, buffalo, cattle goats, sheep or pigs; and
(b)
the place of destination for the travelling stock is a live export holding.
(2)
The person in charge of stock at the live export holding must, within 48 hours after the arrival of the travelling stock at the holding, make a record of all of the following information—
(a)
any PIC of the last farm, feedlot or station on which the travelling stock were last held, found out under section 85;
(b)
the PIC of the live export holding;
(c)
the number of the travelling stock to which an approved tag was applied under section 86;
(d)
the day the travelling stock arrived at the live export holding.
(3)
Also, for bison, buffalo and cattle, the person in charge must, within the period mentioned in subsection (2), give the approved NLIS administrator the information mentioned in the subsection.
s 87
amd 2008 SL No. 342
s 28; 2014 SL No. 82
s 44
88
Record-keeping obligations
(1)
This section applies to the person who from time to time is the person in charge of stock at the live export holding during the period that ends 5 years after the arrival of the bison, buffalo, cattle, goats, pigs or sheep.
(2)
The person must, unless the person has a reasonable excuse, ensure each record about the bison, buffalo, cattle, goats, pigs or sheep made under section 87 is kept and produced to an inspector if the inspector asks the person to produce it for inspection.
s 88
amd 2008 SL No. 342
s 29; 2014 SL No. 82
s 53
(3)
Subdivision 5
Further obligation of persons in charge of stock at other registered places
89
Obligation of person in charge to apply permanent tag to unlawfully untagged bison, buffalo, cattle, goats, pigs or sheep
(1)
This section applies to the person in charge of stock at a registered place if unlawfully untagged bison, buffalo, cattle, goats, pigs or sheep arrive at the place.
(2)
However, subsection (1) does not apply to the following places—
(a)
a stock route;
(b)
a saleyard;
(c)
a stock transit facility;
(d)
a reserve for travelling stock;
(e)
a meat processing facility;
(f)
a live export holding;
(g)
a showground for designated stock;
(h)
a sporting ground for designated stock.
(3)
The person in charge of the bison, buffalo, cattle, goats, pigs or sheep must, before they are moved from the registered place, apply—
(a)
for bison, buffalo, cattle, goats or sheep—a post-breeder tag; or
(b)
for pigs—a permanent tag.
(4)
The tag must show its serial number and the PIC of the registered place.
s 89
amd 2005 SL No. 235
s 21; 2008 SL No. 342
s 30; 2014 SL No. 82 ss 45, 53(3)
89A
Section 70 obligations also apply for untagged bison, buffalo and cattle that arrive at a stock transit facility
If untagged bison, buffalo or cattle arrive at a stock transit facility, section 70 applies to the person who receives the animals at the facility as if they did bear an approved tag on their arrival.
s 89A
ins 2005 SL No. 235
s 22
amd 2014 SL No. 82 ss 46, 53(4), (6)
Part 7
HGP free tags for bison, buffalo and cattle
pt hdg amd 2014 SL No. 82
s 47
90
When HGP free tag may be applied as a transaction tag
(1)
This section applies if—
(a)
under this regulation, a transaction tag is required to be applied to a head of bison, buffalo or cattle that is to be travelled; and
(b)
under this part, an HGP free tag may be applied to the animal.
(2)
An HGP free tag may be applied to the animal instead of a transaction tag.
(3)
However, the requirements under section 48 for transaction tags must be complied with for the HGP free tag.
s 90
amd 2014 SL No. 82
s 48
91
Who may apply HGP free tag
The actual owner, or a person responsible for the husbandry, of a head of bison, buffalo or cattle that has not been treated with an HGP may apply an HGP free tag to it.
Note—
For how the tag must be applied, see section 44 (How approved tags must be applied to bison, buffalo and cattle).
s 91
amd 2014 SL No. 82
s 49
92
Prohibition on applying HGP free tag to bison, buffalo and cattle treated with hormonal growth promotant
A person must not apply an HGP free tag to a head of bison, buffalo or cattle treated with an HGP.
Note—
See also the
Agricultural Standards Act 1994
, section 14 (Offence about false or misleading representations about the use or non-use of hormonal growth promotants).
s 92
amd 2014 SL No. 82
s 50
93
When HGP free tag stops being an approved tag
An HGP free tag stops being an approved tag if—
(a)
it is applied to a head of bison, buffalo or cattle treated with an HGP; or
(b)
a head of bison, buffalo or cattle that bears the approved tag is treated with an HGP.
s 93
amd 2014 SL No. 82
s 51
94
Obligation to remove HGP free tag
The actual owner and the person responsible for the husbandry of a head of bison, buffalo or cattle that bears an HGP free tag must ensure the tag is removed if the animal is treated with an HGP.
s 94
amd 2014 SL No. 82
s 52
Part 8
Transitional provisions
pt 8 div 1 hdg om 2008 SL No. 342
s 31
pt 8 div 2 hdg om 2008 SL No. 342
s 31
pt 8 div 3 hdg om 2008 SL No. 342
s 32
95
Bulls born before 1 July 2003 not from place with a ‘T’ status
s 95
sub 2006 SL No. 61
s 8
om 2007 SL No. 239
s 7
96
Particular cattle travelling to meat processing facility
s 96
om 2008 SL No. 342
s 31
96A
Obligations of person receiving cattle to which s 96 applies
s 96A
ins 2005 SL No. 235
s 23
om 2008 SL No. 342
s 31
97
Particular cattle travelling to live export holding
s 97
om 2007 SL No. 239
s 8
98
Election to apply permanent tag
s 98
om 2007 SL No. 239
s 8
99
Sheep born before 1 January 2006
s 99
sub 2005 SL No. 235
s 24
om 2008 SL No. 342
s 31
100
Election to apply permanent tag
s 100
om 2008 SL No. 342
s 31
101
Register of holdings becomes the register under this regulation
(1)
On the commencement of this section—
(a)
the register of holdings under the repealed
Stock Identification Regulation 1985
(the old register) becomes the register under this regulation; and
(b)
for section 10
(1)—
(i)
a place registered in the old register becomes a registered place; and
(ii)
the person who was, in the old register, recorded as the owner of the place becomes the owner of the place.
(2)
However, the registration of the place, or the person as the owner of the place, is subject to any subsequent change permitted or required under part 2.
102
Tags under former regulation
On the commencement of this section a tag approved under the repealed
Stock Identification Regulation 1985
becomes an approved tag of its corresponding type under this regulation.
Part 9
Amendment and repeal provisions
Division 4
Repeal of Stock Identification Regulation 1985
117
Repeal
The
Stock Identification Regulation 1985
is repealed.
Schedule
Dictionary
section 4
apply, for an approved tag—
(a)
for bison, buffalo or cattle—means to attach the tag to, or insert the tag into, the animal in the way provided for under section 44; or
(b)
for goats—means to attach the tag to them or imprint it on them in the way provided for under section 57; or
(c)
for pigs—means to attach the tag to them or imprint it on them in the way provided for under section 67D; or
(d)
for sheep—means to attach the tag to them in the way provided for under section 67K.
def apply amd 2008 SL No. 342 s 33(3); 2014 SL No. 82 s 53(4)–(5)
approved NLIS administrator means the entity who, under section 14
(1), is approved as the administrator of the NLIS database.
approved showground event, for part 6, division 1, see section 68A.
def approved showground event ins 2014 SL No. 82 s 54(1)
approved sporting event, for part 6, division 1, see section 68A.
def approved sporting event ins 2014 SL No. 82 s 54(1)
approved tag see section 27
(2).
bear—
1
Bison, buffalo or cattle bear an approved tag if an approved tag has been attached to, or inserted into, them in the way provided for under section 44.
2
Goats bear an approved tag if an approved tag has been attached to them in the way provided for under section 57.
3
Pigs bear an approved tag if an approved tag has been attached to or imprinted on them in the way provided for under section 67D.
4
Sheep bear an approved tag if an approved tag has been attached to them in the way provided for under section 67K.
def bear amd 2008 SL No. 342 s 33(4); 2014 SL No. 82 s 54(2)
bolus ear tag see section 28
(a)
(iii).
def bolus ear tag amd 2005 SL No. 235 s 25(3)
breeder tag see section 28
(a)
(i).
def breeder tag amd 2005 SL No. 235 s 25(3)
buy, an approved tag, means to buy or otherwise obtain the tag.
buyer, of an approved tag, means the person to whom the approved tag is supplied.
chemical residue status, of a registered place or stock on or from a registered place, means the absence or presence on or in the place or on or in the stock of any of the following, and, if any of the following is present, its level or risk of contamination to stock—
(a)
an agricultural chemical product or veterinary chemical product under the
Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth);
(b)
a metal or polychlorinated biphenyl mentioned in standard 1.4.1;
(c)
a substance mentioned in the MRL standard;
(d)
chlorfluazuron;
(e)
tetrahydrocannabinol.
def chemical residue status amd 2016 SL No. 65 s 24(2)
deck load, of bison, buffalo, cattle, goats or sheep, means a load of conveyed bison, buffalo, cattle, goats or sheep that is at least 12m in length.
def deck load amd 2008 SL No. 342 s 33(5); 2014 SL No. 82 s 53(3)
depot-tagged goats see section 59
(5).
def depot-tagged goats ins 2008 SL No. 342 s 33(2)
designated stock see section 5.
directly, for the travel of stock, means that the stock are not unloaded before they reach the place of destination for the travel.
def directly ins 2008 SL No. 342 s 33(2)
disease status, of a registered place or stock on or from a registered place, means the following for any disease, other than conditions prescribed, under the
Stock Regulation 1988
, section 5B, as diseases for section 4C of the Act—
(a)
its presence or absence on or in the place or on or in the stock;
(b)
if any disease is present—its level or risk of infection or infestation.
district breeder tag see section 28
(a)
(v).
def district breeder tag amd 2005 SL No. 235 s 25(3)
district post-breeder tag see section 28
(a)
(v).
def district post-breeder tag amd 2005 SL No. 235 s 25(3)
farmed goats means farmed goats within the meaning of section 60.
def farmed goats ins 2008 SL No. 342 s 33(2)
first travel, from the place of birth of bison, buffalo, cattle, goats or sheep to be travelled, does not include their first travel mentioned in section 45
(2), 58
(2) or 67L
(2) from their place of birth to a neighbouring holding.
def first travel ins 2008 SL No. 342 s 33(2)
amd 2014 SL No. 82 s 53(3)
first travel from place of birth ...
def first travel from place of birth om 2008 SL No. 342 s 33(1)
food standards code means the Australia New Zealand Food Standards Code within the meaning of the
Food Standards Australia New Zealand Act 1991 (Cwlth).
def food standards code ins 2016 SL No. 65 s 24(1)
goat tattoo see section 28
(a)
(vi).
def goat tattoo ins 2008 SL No. 342 s 33(2)
HGP means hormonal growth promotant.
HGP free tag see section 28
(b)
(iii).
def HGP free tag amd 2005 SL No. 235 s 25(3)
HGP status, of a registered place or stock on or from a registered place, means whether or not —
(a)
stock at or from the place have, at any time or place, been treated with an HGP; or
(b)
an HGP has been bought to treat stock on the place.
hormonal growth promotant means a product that—
(a)
contains an anabolic substance or a hormone; and
Examples—
•
17 beta oestradiol
•
oestradiol benzoate
•
progesterone
•
testosterone propionate
•
trenbolone acetate
•
zeranol
(b)
is used to promote the growth of bovines or bubalines.
information notice ...
def information notice om 2009 Act No. 24 s 790
lawfully untagged, for stock, means that—
(a)
the stock do not bear 1 or more approved tags required under this regulation (other than the following provisions) to be applied to them, because of a circumstance mentioned in any of the following provisions—
(i)
part 4, division 3;
(ii)
part 5, division 3;
(iii)
part 5A, division 2;
(iv)
part 5B, division 3.
(b)
the stock did bear 1 or more approved tags required under this regulation to be applied to them but the stock no longer bear the tag because they lost it while they were travelling or for another reason other than removal in contravention of section 36, 39 or 40.
def lawfully untagged amd 2008 SL No. 342 s 33(6)
live export holding means a holding that is—
(a)
a depot for the live export of stock; or
(b)
an embarkation point for the export of live stock.
malfunctioning, for a tag, means the tag is not working properly or at all.
meat processing facility means an abattoir or other facility at which stock are killed for meat for trade or commerce.
MRL standard means the schedule under the
Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 (Cwlth).
def MRL standard ins 2016 SL No. 65 s 24(1)
neighbouring holding, of a place, means a holding any part of which is within 20km of the place.
NLIS see section 3
(1).
NLIS database means the database that the approved NLIS administrator keeps for NLIS.
notice means a notice in writing.
over the hooks sale means a sale of stock to a meat processing facility for slaughter if the sale price is decided on weight and grade after slaughter of the stock.
owner, of stock travelled or to be travelled—
1
Generally, the owner of stock travelled or to be travelled is the person who, immediately before the travel starts, is their owner.
2
However, if the stock are sold before leaving their place of departure the owner is the person who was their owner immediately before the sale.
permanent tag see section 28
(a).
def permanent tag amd 2005 SL No. 235 s 25(3)
PIC see section 10
(1)
(a).
pig brand see section 28
(a)
(vii).
def pig brand ins 2008 SL No. 342 s 33(2)
pig ear tag see section 28
(a)
(viii).
def pig ear tag ins 2008 SL No. 342 s 33(2)
place of departure, for stock travelled or to be travelled, means the place from which the travel started or is to start.
place of destination, for stock travelled or to be travelled, means the place at which the travel ended or is to end.
place of farming, for rangeland goats that become farmed goats, see section 60
(4).
def place of farming ins 2008 SL No. 342 s 33(2)
amd 2014 SL No. 82 s 53(1)
post-breeder tag see section 28
(a)
(ii).
def post-breeder tag amd 2005 SL No. 235 s 25(3)
pure farmed goat see section 60
(2).
def pure farmed goat ins 2008 SL No. 342 s 33(2)
rangeland goat, for part 5, division 2, means a goat, or an offspring of the goat, but does not include a farmed goat within the meaning of section 60.
def rangeland goat ins 2014 SL No. 82 s 54(1)
record, when used as a noun, means a written record.
register, when used as a noun, means the register the chief inspector keeps under section 9.
registered means recorded in the register.
registered place means a place that, under part 2, division 3, is registered.
registrable place see section 7.
relevant place of destination—
(a)
for part 6, division 1—see section 68
(b); and
(b)
for part 6, division 1A—see section 75A
(b).
def relevant place of destination sub 2014 SL No. 82 s 54(3)
relevant waybill, for travelling stock, means—
(a)
a waybill for the stock given under section 22C of the Act; or
(b)
an alternative waybill for the stock given under section 30A of the
Stock Regulation 1988
.
responsible person—
(a)
for part 6, division 1—see section 68A; and
(b)
for part 6, division 1A—see section 75B.
def responsible person sub 2014 SL No. 82 s 54(4)
rumen bolus means an electronic or other type of breeder tag or post-breeder tag inserted or to be inserted into the rumen or reticulum of stock.
saleyard post-breeder tag see section 28
(a)
(iv).
def saleyard post-breeder tag amd 2005 SL No. 235 s 25(3)
saleyard tag see section 28
(b)
(ii).
def saleyard tag amd 2005 SL No. 235 s 25(3)
selling agent means a chattel auctioneer under the
Motor Dealers and Chattel Auctioneers Act 2014
or an auctioneer under the
Property Occupations Act 2014
who has been appointed to sell livestock in connection with a real property auction.
def selling agent sub 2014 SL No. 251 s 48 sch 2
serial number, of an approved tag, means the number placed on the tag by the tag’s manufacturer to identify the tag.
sheep property tag ...
def sheep property tag om 2005 SL No. 235 s 25(1)
shown, for a microchip number, means shown electronically by an electronic reader.
standard 1.4.1 means ‘Standard 1.4.1—Contaminants and Natural Toxicants’ of the food standards code.
def standard 1.4.1 ins 2016 SL No. 65 s 24(1)
stock, from a registered place, includes stock that, at any time, have come from the place.
stock transit facility see section 7A.
def stock transit facility ins 2005 SL No. 235 s 25(2)
supplier, of an approved tag, means the person who supplies the tag, whether by way of sale, gift or otherwise.
supply means to sell, give away or otherwise dispose of.
tag—
1
Generally, a tag is a tag that is, or includes an electronic microchip or an inert, or any other type of device, to identify designated stock, from which microchip or device information is capable of being reproduced.
Example—
an electronic rumen bolus
2
For goats, a tag also includes an imprinted ear tattoo.
3
For pigs, a tag also includes a pig brand under the
Brands Act 1915
imprinted by way of a tattoo, under that Act.
def tag sub 2008 SL No. 342 s 33(1)–(2)
temporary tag see section 28
(b).
def temporary tag amd 2005 SL No. 235 s 25(3)
threshold number, of designated stock, see section 6.
transaction tag see section 28
(b)
(i).
def transaction tag amd 2005 SL No. 235 s 25(3)
transfer notice see section 24
(1).
travel approval see section 67S
(1).
def travel approval ins 2008 SL No. 342 s 33(2)
‘T’ status, in relation to a place, means that, under section 10, the registered chemical residue status of the place, or of stock on or from the place, for organochlorine chemical residues is, or includes, a status that starts with the letter ‘T’.
def ‘T’ status ins 2006 SL No. 61 s 9
unlawfully untagged, for stock, means that the stock do not bear 1 or more approved tags required under this regulation to be applied to them and no circumstance under any of the following provisions applies to the requirement—
(a)
part 4, division 3;
(b)
part 5, division 3;
(c)
part 5A, division 2;
(d)
part 5B, division 3.
def unlawfully untagged amd 2008 SL No. 342 s 33(7)
untagged means lawfully untagged or unlawfully untagged.
working days, for a meat processing facility mentioned in part 6, means the days on which the facility operates.
def working days ins 2014 SL No. 82 s 54(1)