Animal (Brands and Movement) Amendment Regulations (No. 2) 2006 (TAS)

Animal (Brands and Movement) Amendment Regulations (No. 2) 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal (Brands and Movement) Act 1984 .18 December 2006

W. J. E. COX

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

1Short titleThese regulations may be cited as the Animal (Brands and Movement) Amendment Regulations (No. 2) 2006 . 2CommencementThese regulations take effect on the day on which their making is notified in the Gazette. 3Principal RegulationsIn these regulations, the Animal (Brands and Movement) Regulations 2003 are referred to as the Principal Regulations. 4Regulation 3 amended (Interpretation) Regulation 3(1) of the Principal Regulations is amended as follows: (a) by omitting "Registrar." from the definition of approved and substituting "Registrar;"; (b) by inserting the following definitions after the definition of approved : establishment identification means a unique alphanumeric code issued by Meat & Livestock Australia Limited (ABN 39 081 678 364) and used to identify premises in reports to the NLIS database; licensed meat premises means meat premises licensed under the Meat Hygiene Act 1985; national vendor declaration number means the serial number printed on a national vendor declaration form issued by Meat & Livestock Australia Limited (ABN 39 081 678 364); NLIS means the National Livestock Identification System; NLIS database means the NLIS database maintained by Meat & Livestock Australia Limited (ABN 39 081 678 364); NLIS number means either of the following unique numbers used to identify a bovine animal: (a) the number printed on the outside of the permanent identification device that is attached to or inserted in the animal; (b) the number encoded in the microchip contained within that device; property identification code means a unique code issued by the Registrar to identify premises; public scale operation means a public event to which cattle are delivered for assessment and possible sale to the holder of the event. 5Parts 3A and 3B insertedAfter regulation 20 of the Principal Regulations , the following Parts are inserted: PART 3AVENDOR DECLARATIONS AND MOVEMENT RECORDS 20AVendor declarations for cattle, pigs, sheep and goats (1)  This regulation applies if – (a) there is a sale or other change of ownership of stock; and (b) the change of ownership involves a movement of stock from premises (in this regulation referred to as the "place of origin") to other premises (in this regulation referred to as the "destination"); and (c) the destination has a different property identification code to the place of origin. (2)  The person in charge of the stock at the place of origin must, within 7 days after the day on which the stock are moved from the place of origin, provide a vendor declaration to – (a) if the destination is premises at which the stock are to be publicly auctioned, the person selling the stock on behalf of the vendor; or (b) in the case of any other destination, the person in charge of the stock at the destination.

Penalty:  Fine not exceeding 5 penalty units.

(3)  A person who provides a vendor declaration under subregulation (2) must – (a) state, in the vendor declaration, that the information provided in it is true and correct; and (b) must sign the vendor declaration.

Penalty:  Fine not exceeding 5 penalty units.

(4)  The person in charge of the stock at the place of origin must keep a copy of the vendor declaration in good condition for at least – (a) if the vendor declaration is in respect of sheep or goats, 7 years; and (b) in the case of any other vendor declaration, 2 years.

Penalty:  Fine not exceeding 3 penalty units.

(5)  A person who is provided with a vendor declaration under subregulation (2) must keep the vendor declaration, or a copy of the vendor declaration, in good condition for at least – (a) if the vendor declaration is in respect of sheep or goats, 7 years; and (b) in the case of any other vendor declaration, 2 years.

Penalty:  Fine not exceeding 3 penalty units.

(6)  The Registrar, by notice in writing, may request a person who is required to keep a vendor declaration or copy of a vendor declaration under subregulation (4) or (5) to give the Registrar, within such period as is specified in the notice, a copy of the declaration. (7)  A person who is given a notice under subregulation (6) must comply with the notice.

Penalty:  Fine not exceeding 3 penalty units.

(8)  In this regulation – purchaser means a person to whom stock are sold or ownership is otherwise transferred; stock means cattle, sheep, goats or pigs; vendor means a person selling or otherwise transferring ownership of stock; vendor declaration means a declaration, in an approved form, relating to a movement of stock for the purpose of a sale or other change of ownership, and specifying – (a) the name and address of the vendor; and (b) the name, address and telephone number of the person in charge of the stock at the place of origin (if not the vendor); and (c) the address and property identification code for the place of origin; and (d) whether or not the stock were born at the place of origin; and (e) the number of stock and a description that identifies their class by breed, age and sex; and (f) the name of the purchaser; and (g) the date on which the stock are moved from the place of origin; and (h) the address and property identification code for the destination; and (i) the name, address and telephone number of the person moving the stock (if not the vendor). 20BMovement records for sheep and goats (1)  This regulation applies if – (a) sheep or goats are moved from premises (in this regulation referred to as the "place of origin") to other premises (in this regulation referred to as the "destination"); and (b) the destination has a different property identification code to the place of origin or no property identification code; and (c) the movement does not involve a sale or other change of ownership of the sheep or goats. (2)  The person in charge of the animals at the place of origin must, within 7 days after the day on which the animals are moved from the place of origin, provide a movement record to – (a) the person in charge of the animals at the destination, or if no person is in charge of the animals at the destination, to the owner or manager of the destination; and (b) if the person in charge of the animals at the place of origin is not the manager of the place of origin, to the manager of the place of origin.

Penalty:  Fine not exceeding 5 penalty units.

(3)  The manager from time to time of the place of origin, unless exempted by notice in writing from the Registrar, must keep a copy of the movement record in good condition for at least 7 years.

Penalty:  Fine not exceeding 3 penalty units.

(4)  The manager from time to time of the destination, unless exempted by notice in writing from the Registrar, must keep the movement record, or a copy of the movement record, in good condition for at least 7 years.

Penalty:  Fine not exceeding 3 penalty units.

(5)  The Registrar, by notice in writing, may request a person who is required to keep a movement record or copy of a movement record under subregulation (3) or (4) to give the Registrar, within such period as is specified in the notice, a copy of the record. (6)  A person who is given a notice under subregulation (5) must comply with the notice.

Penalty:  Fine not exceeding 3 penalty units.

(7)  In this regulation – movement record means a record, in an approved form, relating to a movement of sheep or goats for a purpose other than a sale or other change of ownership, and specifying – (a) the date on which the animals are moved from the place of origin; and (b) the name and address of the person in charge of the animals at the place of origin; and (c) the number of animals and a description that identifies their class by breed, age and sex; and (d) the property identification code for the place of origin; and (e) the address and, if there is one, the property identification code for the destination. PART 3BREPORTING CATTLE MOVEMENTS TO NLIS DATABASE 20CMoving cattle from one property to another (1)  This regulation applies if – (a) cattle are moved from one property (in this regulation referred to as the "property of origin") to another property (in this regulation referred to as the "destination"); and (b) the destination has a different property identification code to the property of origin. (2)  The person in charge of the cattle at the destination must, within 7 days after the day on which the cattle arrive at the destination, provide the prescribed information to the NLIS database in the approved manner.

Penalty:  Fine not exceeding 5 penalty units.

(3)  For the purpose of subregulation (2), the prescribed information is as follows: (a) the NLIS number of each animal; (b) the property identification code for the property of origin; (c) the property identification code for the destination; (d) if the movement involves a sale or other change of ownership and a national vendor declaration number is available for that transaction, that number; (e) the date on which the cattle arrive at the destination. (4)  In this regulation – property means a feedlot, farm or other premises used for primary production of cattle, other than – (a) licensed meat premises; or (b) a public saleyard; or (c) premises where a public scale operation is held; or (d) a showground; showground means premises where a public exhibition of cattle or a sporting event involving cattle is held. 20DMoving cattle to licensed meat premises (1)  This regulation applies if cattle are moved to licensed meat premises for the purpose of slaughter. (2)  The person in charge of the licensed meat premises must, in the approved manner, provide the prescribed information about the cattle to the NLIS database by – (a) for exempt licensed meat premises, the close of business 5 working days after the day of slaughter; and (b) for all other licensed meat premises, the close of business on the working day immediately after the day of slaughter.

Penalty:  Fine not exceeding 5 penalty units.

(3)  For the purpose of subregulation (2), the prescribed information is as follows: (a) the NLIS number of each animal; (b) the property identification code for the premises where each animal was last normally kept; (c) the date on which each animal was slaughtered; (d) the establishment identification for the licensed meat premises; (e) for licensed meat premises other than exempt licensed meat premises, the Hot Standard Carcase Weight of each animal slaughtered. (4)  In this regulation – exempt licensed meat premises means licensed meat premises that the Registrar, by instrument in writing, determines to be exempt licensed meat premises for the purposes of this regulation; Hot Standard Carcase Weight means the weight of the carcase, with fats removed, within 2 hours after slaughter. 20EMoving cattle to showground (1)  This regulation applies if cattle are moved to premises where a show or sporting event is held. (2)  The person responsible for holding the show or sporting event must, in the approved manner, provide the prescribed information about the cattle to the NLIS database within 7 days after the close of the show or sporting event.

Penalty:  Fine not exceeding 5 penalty units.

(3)  For the purpose of subregulation (2), the prescribed information is as follows: (a) the NLIS number of each animal; (b) the property identification code for the premises where the cattle were last normally kept before being moved to the showground; (c) the property identification code for the showground; (d) the property identification code for the premises to which the cattle will next be moved after leaving the showground; (e) the date on which the cattle arrived at the showground; (f) the date on which the cattle will be moved from the showground. (4)  In this regulation – show means a public event involving an exhibition of cattle; showground means premises where a show or sporting event is held; sporting event means a rodeo, camp draft or other sporting event involving cattle. 20FMoving cattle to public cattle auction or public scale operation (1)  This regulation applies if cattle are moved to premises where a public cattle auction or public scale operation is held. (2)  If the movement is to premises where a public cattle auction is held, the person selling the cattle on behalf of their owner must provide an arrival report about the cattle to the NLIS database within the specified time.

Penalty:  Fine not exceeding 5 penalty units.

(3)  If the movement is to premises where a public scale operation is held, the person responsible for holding the public scale operation must provide an arrival report about the cattle to the NLIS database within the specified time.

Penalty:  Fine not exceeding 5 penalty units.

(4)  For the purposes of subregulations (2) and (3), an arrival report is a report in an approved form that specifies the following: (a) the date on which the cattle are sold; (b) the NLIS number of each animal; (c) the property identification code for the premises where the cattle were last normally kept; (d) either the property identification code or the establishment identification for the premises where the public cattle auction or public scale operation is held; (e) if a national vendor declaration number is available for the sale, that number. (5)  For the purposes of subregulations (2) and (3), the specified time for an arrival report is as follows: (a) if the cattle are sold for slaughter, before the cattle leave the premises where the public cattle auction or public scale operation is held; (b) in any other case, by the close of business on the next working day after the day of the sale. 20GMoving cattle from public cattle auction or public scale operation (1)  This regulation applies if cattle are moved from premises where a public cattle auction or public scale operation is held. (2)  If the movement is from premises where a public cattle auction is held, the person selling the cattle on behalf of their owner must provide a departure report about the cattle to the NLIS database within the specified time.

Penalty:  Fine not exceeding 5 penalty units.

(3)  If the movement is from premises where a public scale operation is held, the person responsible for holding the public scale operation must provide a departure report about the cattle to the NLIS database within the specified time.

Penalty:  Fine not exceeding 5 penalty units.

(4)  For the purposes of subregulations (2) and (3), a departure report is a report in an approved form that specifies the following: (a) the date on which the cattle are sold; (b) the NLIS number of each animal; (c) either the property identification code or the establishment identification for the premises where the public cattle auction or public scale operation is held; (d) the property identification code for the next premises to which the cattle will be moved; (e) if a national vendor declaration number is available for the sale, that number. (5)  For the purposes of subregulations (2) and (3), the specified time for a departure report is as follows: (a) if the cattle are sold for slaughter, before the cattle leave the premises where the public cattle auction or public scale operation is held; (b) in any other case, by the close of business 5 working days after the day of the sale. 6Regulation 23 insertedAfter regulation 22 of the Principal Regulations , the following regulation is inserted in Part 4: 23False or misleading statements A person must not, in giving any information under these regulations – (a) make a statement knowing it to be false or misleading; or (b) omit any matter from a statement knowing that without that matter the statement is false or misleading.

Penalty:  Fine not exceeding 5 penalty units.

7Schedule 4 amended (Tagging cattle for slaughter or sale) Schedule 4 to the Principal Regulations is amended as follows: (a) by omitting the table from clause 1(b) and substituting the following table:

Column 1 Item	Column 2 Kind of cattle	Column 3 Kind of tag	Column 4 Special requirements
1.	Calves under 6 weeks old that are –	One of the following tags:	The white plastic ear tag must show the property identification code for the property where the cattle were last normally kept.
(a) unaccompanied by their dam; and	(a) A white plastic ear tag approximately 75mm long and 11mm wide;
(b) being sent –	(b) A permanent identification device approved under the NLIS for cattle
(i) directly to a licensed meat premises; or
(ii) directly to a public saleyard for the purposes of sale and immediate transfer to a licensed meat premises
2.	Mature bulls, other than those identified with a permanent identification device approved under the NLIS for cattle, that are sent directly to a licensed meat premises for slaughter	One of the following transaction tags:	The transaction tag must show the property identification code for the property where the cattle were last normally kept and –
(a) a self-adhesive wrap-around tail tag at least 195mm long and 25mm wide;	(a) if the cattle have been or may have been treated with hormonal growth promotants, be yellow in colour; or
(b) a plastic ratchet tail tag at least 25mm wide;	(b) if the cattle have not been treated with hormonal growth promotants, be pink in colour and be marked "HGP-free".
(c ) a plastic ear tag at least 57mm long and 40mm wide
3.	Any other cattle	(a) A permanent identification device approved under the NLIS; and
(b) if the cattle have been treated with hormonal growth promotants, or it is not known whether or not the cattle have been so treated, one of the following transaction tags:	The transaction tag must be yellow in colour and show the property identification code for the property where the cattle were last normally kept and –
(i) a self-adhesive wrap-around tail tag at least 195mm long and 25mm wide;
(ii) a plastic ratchet tail tag at least 25mm wide;
(iii) a plastic ear tag at least 57mm long and 40mm wide

(b) by omitting the definitions of NLIS , NLIS database and property identification code from clause 2 . 8Schedule 5 amended (Infringement notice offences) Schedule 5 to the Principal Regulations is amended as follows: (a) by inserting after item 13A the following:

13B.	Section 22G(2)	Attaching, inserting, altering or removing a permanent identification device without permission under section 22B	1.0
13C.	Section 22G(4)	Making a false representation as to whether or not any animal has a permanent identification device attached or inserted	1.0

(b) by inserting after item 18 the following:

19.	Regulation 20A(2)	Person in charge of stock at place of origin failing to provide a vendor declaration as required	0.5
20.	Regulation 20A(7)	Person required by notice to provide copy of vendor declaration failing to comply with notice	0.5
21.	Regulation 20B(2)	Person in charge of animals at place of origin failing to provide a movement record as required	0.5
22.	Regulation 20B(6)	Person required by notice to provide copy of movement record failing to comply with notice	0.5
23.	Regulation 20C(2)	Person in charge of cattle at destination failing to provide prescribed information to the NLIS database as required	0.5
24.	Regulation 20D(2)	Person in charge of licensed meat premises failing to provide prescribed information to the NLIS database as required	0.5
25.	Regulation 20E(2)	Person holding show or sporting event failing to provide prescribed information to the NLIS database as required	0.5
26.	Regulation 20F(2)	Person selling cattle on behalf of owner at public cattle auction failing to provide arrival report to the NLIS database as required	0.5
27.	Regulation 20F(3)	Person holding public scale operation failing to provide arrival report to the NLIS database as required	0.5
28.	Regulation 20G(2)	Person selling cattle on behalf of owner at public cattle auction failing to provide departure report to the NLIS database as required	0.5
29.	Regulation 20G(3)	Person holding public scale operation failing to provide departure report to the NLIS database as required	0.5

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 December 2006

These regulations are administered in the Department of Primary Industries and Water.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations amend the

(a) vendor declarations for movements of cattle, pigs, sheep and goats involving a change of ownership; and (b) movement records for movements of sheep and goats involving no change of ownership; and (c) reports to the National Livestock Identification System database for all cattle movements; and (d) further infringement notice offences and the penalties for those offences; and (e) the omission of a requirement to attach tail tags to certain cattle.