Animal Diseases Act 2005 (ACT)
Animal Diseases Act 2005 (repealed)
A2005-18
Republication No 24
Effective: 15 May 2025
Republication date: 15 May 2025
As repealed by A2023‑50 s 235 (1)
About this republication
The republished law
This is a republication of the Animal Diseases Act 2005 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 15 May 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Animal Diseases Act 2005 (repealed)
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Objects of Act 2
4 Dictionary 2
5 Notes 3
6Offences against Act—application of Criminal Code etc 3
Part 2 Chief veterinary officer
7 Appointment of chief veterinary officer 4
8 Delegation by chief veterinary officer 4
Part 3 Exotic and endemic diseases of animals
Division 3.1 General
9 Meaning of infected 5
10 Declarations under pt 3 5
11 Certificate of freedom from disease 6
Division 3.2 Exotic diseases
12 Declaration of exotic disease 7
13 Notification of exotic disease 7
14 Directions to control spread of exotic disease 7
15 Import restrictions 8
Division 3.3 Endemic diseases
16 Declaration of endemic disease 10
17 Notification of endemic disease 10
18 Directions to control spread of endemic disease 11
Division 3.4 Quarantine areas
19 Exotic disease quarantine area 12
20 Endemic disease quarantine area 12
21 Content of quarantine declarations 13
22 Offence—contravening restriction in quarantine declaration 13
23 Quarantine notices 14
24 Offence—movement of animals 14
24A Authorisation for activity movements in quarantine area 14
24B Person conducting activity to comply with conditions 16
24C Person conducting activity to keep records 16
25 Removal of refuse from quarantine area 17
26 Court proceedings about exotic disease declaration 17
Division 3.5 Destruction of animals and other things
27 Destruction of infected animals etc—endemic disease 17
28 Compensation for animal etc destroyed—endemic disease 18
29 Destruction of infected animals etc—exotic disease 19
30 Compensation for animal etc destroyed—exotic disease 20
31 Compensation for death of animal from exotic disease 20
Division 3.6 Offences generally
32 Spreading disease 21
33 Use of vaccines etc 21
34 Feeding of prohibited pig feed to controlled stock 22
34A Foot-and-mouth disease outbreak 24
35 Selling, disposing of or abandoning infected animals 24
36 Interference with structures securing infected animals 25
Part 4 National livestock identification system
Division 4.1 General
37 Definitions—pt 4 26
Division 4.2 Identification codes
38 Allocating identification codes 27
39 Applying for property identification code 28
40 Responsible person for property with property identification code must update details 29
41 Applying for agent identification code 29
42 Stock and station agent must update details of agent identification code 30
43 Transfer of identification codes 30
44 Inactivation or cancellation of identification codes 30
45 Property identification code required if certain animals kept 31
46 Property identification code required if certain activities happen 32
Division 4.3 Permanent identification of identifiable stock
Subdivision 4.3.1 Identifiable stock
47 When identifiable stock is properly identified—pt 4 32
48 Offences—identifiable stock not properly identified 34
49 Exempt movements of identifiable stock 36
50 Offence—required information if identifiable stock moved in extreme emergency 37
Subdivision 4.3.2 Permanent identifiers
51 Meaning of supply—sdiv 4.3.2 39
52 Offences—acquisition of permanent identifiers 39
52A Directions for use of permanent identifiers in saleyard or abattoir 40
52B Request for details on use and location of permanent identifier 40
52C Records and provision of information to NLIS administrator 41
52D Alteration or removal of permanent identifier 43
52E Improper use of permanent identifiers 45
52F Destruction of permanent identifiers removed from slaughtered stock 45
52G Manufacture, sale, supply and use of counterfeit identifiers 46
52H Loss or theft of unattached permanent identifier for cattle 46
Division 4.4 Information requirements—stock transactions
Subdivision 4.4.1 Provisions applying to all identifiable stock
52I Meaning of delivery information—sdiv 4.4.1 47
52J Owner of identifiable stock must prepare and retain delivery information etc 48
52K Delivery information—stock and station agents and saleyards 49
52L Delivery information—farm properties 52
52M Delivery information—stock events 53
Subdivision 4.4.2 Reporting to the NLIS administrator
52N Application—sdiv 4.4.2 53
52O Meaning of transaction information—sdiv 4.4.2 54
52P Reportable transactions—saleyards 55
52Q Reportable transactions—stock and station agents 56
52R Reportable transactions—farm property 58
52S Reportable transactions—stock event 58
52T Reporting to NLIS administrator about live export 60
52U Reporting to NLIS administrator about death of cattle 60
Division 4.5 Registers
52V Purposes of registers 61
52W Territory register 62
52X NLIS register 64
Division 4.6 Miscellaneous
52Y Provision of information to NLIS administrator etc 64
52Z Inspection of slaughtered stock 65
52ZA Evidentiary certificates 66
Part 5 Restricted animal material—ruminants
53 Definitions—pt 5 67
54 Analysts for pt 5 68
55 Animal material statements 68
56 Offence—manufacture of ruminant food 69
57 Offences—sale or supply of bulk or bagged compounded feed and meal 69
58 Offence—obscuring of statements 71
59 Offence—removal etc of feed tags 71
60 Offences—feeding restricted animal material to ruminants 72
61 Procedure if samples taken for pt 5 73
62 Evidence of analysis for pt 5 73
Part 5A Beekeepers
62A Definitions—pt 5A 74
62B Beekeepers to be registered 74
62C Application for registration 75
62D Grounds for deciding an application 76
62E Beekeeper must update details 77
62F Beekeeper must keep records 77
62G Beekeeper must display registration number 78
62H Beekeeping code of practice 79
62I Suspension of registration 79
62J Cancellation of registration 80
62K Register of beekeepers 80
Part 6 Enforcement
Division 6.1 General
63 Definitions—pt 6 82
Division 6.2 Authorised people
64 Appointment of authorised people 82
65 Identity cards 83
Division 6.3 Powers of authorised people
66 Power to enter premises 84
67 Production of identity card 86
68 Consent to entry 86
69 General powers on entry to premises 87
70 Power to require name and address 88
71 Power to seize things 89
72 Additional powers for travelling stock 90
73 Additional powers for honeybees 91
Division 6.4 Search warrants
74 Warrants generally 91
75 Warrants—application made other than in person 92
76 Search warrants—announcement before entry 94
77 Details of search warrant to be given to occupier etc 94
78 Occupier entitled to be present during search etc 95
Division 6.5 Return and forfeiture of things seized
79 Receipt for things seized 95
80 Access to things seized 96
81 Moving things to another place for examination or processing under search warrant 96
82 Return of things seized 97
Division 6.6 Miscellaneous
83 Damage etc to be minimised 98
84 Compensation for exercise of enforcement powers 99
Part 7 Notification and review of decisions
85 Meaning of reviewable decision—pt 7 100
86 Reviewable decision notices 100
86A Applications for review 100
Part 8 Miscellaneous
87 Noncompliance with directions and cost recovery 101
87A Information exchange between jurisdictions 101
88 Determination of fees 102
90 Regulation-making power 102
Dictionary104
Endnotes
1 About the endnotes 112
2 Abbreviation key 112
3 Legislation history 113
4 Amendment history 117
5 Earlier republications 128
Animal Diseases Act 2005 (repealed)
An Act to provide for the control of endemic and exotic diseases of animals, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Animal Diseases Act 2005.
Objects of Act
(1)The objects of this Act are to protect the health and welfare of people and animals and to protect markets relating to animals and animal products.
(2)Without limiting subsection (1), this Act achieves its objects by—
(a)providing mechanisms for the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the ACT; and
(b)allowing the Territory to assist in the prevention and control of outbreaks of endemic and exotic animal diseases in other jurisdictions within Australia.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition, ‘identifiable stock, for part 4 (National livestock identification system)—see section 37.’ means that the term ‘identifiable stock’ is defined in that section for part 4.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Chief veterinary officer
Appointment of chief veterinary officer
(1)The director‑general may appoint a public servant as the Chief Veterinary Officer.
(2)However, the director‑general must not appoint a person as chief veterinary officer unless the person is a veterinary practitioner.
Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Delegation by chief veterinary officer
The chief veterinary officer may delegate the chief veterinary officer’s functions under this Act or another territory law to—
(a)a public servant; or
(b)a police officer; or
(c)an officer or employee of a State agency, if the functions of the State agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the State; or
NoteState also includes the Northern Territory (see Legislation Act, dict, pt 1).
(d)an employee of a Commonwealth agency, if the functions of the Commonwealth agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the Commonwealth.
Note 1For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Note 2In exercising the delegation, the delegate is subject to any conditions, limitations or directions in the instrument making or evidencing the delegation (see Legislation Act, s 239).
Part 3Exotic and endemic diseases of animals
Division 3.1 General
Meaning of infected
(1)For this Act, an animal is infected with a disease if it is suffering from the disease.
(2)For subsection (1), an animal is taken to be suffering from a disease if there is a reasonable basis for suspecting the animal is infected with the disease.
Example
a veterinary practitioner reports evidence of symptoms of a disease
(3)For this Act, premises are infected with a disease if there is a reasonable basis for suspecting the premises are infected with the disease.
Example
animals infected with the disease have recently been on the premises
(4)For this Act, a thing (including an animal product) is infected with a disease if there is a reasonable basis for suspecting the thing is infected with the disease.
Examples
1 the thing has recently been in contact with an animal infected with the disease
2 the animal product is a product of an animal infected with the disease
Declarations under pt 3
(1)A declaration under this part may provide for its commencement on or before the declaration’s notification day.
NoteThis subsection provides express authority for a declaration to commence on or before its notification day (see Legislation Act, s 73 (2) (d) (General rules about commencement)).
(2)However—
(a)a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and
(b)a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that its commencement before notification is necessary to prevent a disease becoming established, or spreading, in the ACT.
(3)If a declaration commences before it is notified under the Legislation Act, the Minister must give notice of the declaration to the required media as soon as possible after the declaration is made.
(4)In this section:
required media means—
(a)a public notice; and
(b)all national or commercial broadcasting services within the meaning of the Broadcasting Services Act 1992 (Cwlth) broadcasting in the ACT.
Certificate of freedom from disease
(1)An owner or occupier of premises may apply to the chief veterinary officer, in writing, for a certificate that the premises are not infected with an exotic disease or endemic disease.
(2)If the chief veterinary officer is satisfied that the premises are not infected with the disease, the chief veterinary officer must, in writing, certify the premises to be free of the disease on the day of the certification.
(3)In a proceeding for an offence against this Act, a certificate given under this section is evidence of the matters stated in it.
Division 3.2 Exotic diseases
Declaration of exotic disease
(1)The Minister may declare a disease to be an exotic disease for this Act.
(2)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Notification of exotic disease
(1)If a person has reasonable grounds for believing that an animal is infected with an exotic disease, the person must immediately tell the chief veterinary officer in writing.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)If the owner or person in charge of an animal has reasonable grounds for believing that the animal is infected with an exotic disease, the person must immediately separate the animal from any other animal that is not infected with the disease.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)Subsection (2) does not apply to an authorised person.
Directions to control spread of exotic disease
(1)The chief veterinary officer may, in writing, direct—
(a)an authorised person to seize an animal, animal product, vehicle or other thing; or
(b)the owner or person in charge of premises, an animal product or other thing to take a stated action to—
(i)decontaminate the premises, product or thing; or
(ii)prevent the premises, product or thing contaminating or infecting anything else; or
(c)the owner or person in charge of an animal to—
(i)take stated action to inoculate the animal or otherwise produce an immunity to the disease in the animal; or
(ii)take stated action to treat the animal or protect its welfare; or
(d)an authorised person or anyone else to take any other stated action that the chief veterinary officer considers necessary.
NoteThe Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.
(2)The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an exotic disease.
(3)If an authorised person has reasonable grounds for suspecting that an animal is infected with an exotic disease, the authorised person may, in writing, direct the owner or person in charge of the animal to keep it at stated premises for a stated reasonable time.
(4)A person commits an offence if the person fails to take reasonable steps to comply with a direction given to the person under this section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(5)Subsection (4) does not apply to an authorised person.
Import restrictions
(1)The Minister may declare an area outside the ACT to be subject to an import restriction, if the Minister has reasonable grounds for believing that—
(a)an animal in the area is infected with an exotic disease; and
(b)the declaration is necessary to prevent the spread of the disease.
(2)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(3)A declaration must state—
(a)the animals to which the declaration applies; and
(b)the disease in relation to which the declaration is made; and
(c)the area to which the declaration applies; and
(d)the restrictions on importing into the ACT an animal, animal product or other thing that has, at any time during a stated period, been in the area; and
(e)the restrictions on sale in the ACT of an animal, animal product or other thing that has, at any time during a stated period, been in the area; and
(f)if the declaration is to have effect for a limited period—the period.
(4)The Minister must give additional public notice of the declaration.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a disallowable instrument.
(5)A person commits an offence if the person contravenes a restriction in a declaration under this section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Division 3.3 Endemic diseases
Declaration of endemic disease
(1)The Minister may declare a disease to be an endemic disease for this Act.
(2)The Minister may declare an endemic disease to be a compensable disease for section 28 (Compensation for animal etc destroyed—endemic disease).
(3)A declaration under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Notification of endemic disease
(1)If a person has reasonable grounds for believing that an animal is infected with an endemic disease, the person must immediately tell the chief veterinary officer in writing.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)If the owner or person in charge of an animal has reasonable grounds for believing that the animal is infected with an endemic disease, the person must separate the animal from any other animal that is not infected with the disease.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)Subsection (2) does not apply to an authorised person.
Directions to control spread of endemic disease
(1)The chief veterinary officer may, in writing, direct—
(a)an authorised person to seize an animal, animal product, vehicle or other thing; or
(b)the owner or person in charge of premises, an animal product or other thing to take stated action to—
(i)decontaminate the premises, product or thing; or
(ii)prevent the premises, product or thing contaminating or infecting anything else; or
(c)the owner or person in charge of an animal to—
(i)take stated action to inoculate the animal or otherwise produce an immunity to the disease in the animal; or
(ii)take stated action to treat the animal or protect its welfare; or
(d)an authorised person or anyone else to take any other stated action that the chief veterinary officer considers necessary.
NoteThe Legislation Act, s 170 deals with the application of the privilege against self-incrimination.
(2)The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an endemic disease.
(3)If an authorised person has reasonable grounds for suspecting that an animal is infected with an endemic disease, the authorised person may, in writing, direct the owner or person in charge of the animal to keep it at stated premises for a stated reasonable time.
(4)A person commits an offence if the person fails to take all reasonable steps to comply with a direction given to the person under this section.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(5)Subsection (4) does not apply to an authorised person.
Division 3.4 Quarantine areas
Exotic disease quarantine area
(1)The Minister may declare the Territory, or a stated area in the Territory, to be an exotic disease quarantine area, if the Minister has reasonable grounds for believing that—
(a)an animal is infected with an exotic disease; and
(b)the declaration is necessary to prevent the spread of the disease.
(2)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(3)The Minister must give additional public notice of the declaration.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a disallowable instrument.
Endemic disease quarantine area
(1)The Minister may declare the Territory, or a stated area in the Territory, to be an endemic disease quarantine area, if the Minister has reasonable grounds for believing that—
(a)an animal is infected with an endemic disease; and
(b)the declaration is necessary to prevent the spread of the disease.
(2)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Content of quarantine declarations
A declaration under section 19 or section 20 must state—
(a)the animals to which the declaration applies; and
(b)the disease in relation to which the declaration is made; and
(c)the area to which the declaration applies; and
(d)the restrictions on entry to, leaving and movement within the area; and
(e)if there are restrictions on sale in the ACT of an animal, animal product or other thing that has, at any time during a stated period, been in the area—those restrictions; and
(f)if the declaration is to have effect for a limited period—the period.
Offence—contravening restriction in quarantine declaration
(1)A person commits an offence if the person contravenes a restriction in a declaration under section 19 or section 20.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to a restriction on entry to, leaving or movement within a quarantine area if—
(a)the person entering, leaving or moving within the quarantine area is doing so to undertake an activity authorised under section 24A; and
(b)the entry, leaving or movement is in accordance with the conditions on the authorisation.
Quarantine notices
(1)The chief veterinary officer may display any notices that the chief veterinary officer considers necessary for this Act within or near a boundary of a quarantine area, on a public street that enters a quarantine area, or a border of the ACT.
(2)A person commits an offence if—
(a)a notice is displayed under subsection (1); and
(b)the person removes, alters, damages, defaces or covers the notice while the notice is in force.
Maximum penalty: 10 penalty units.
(3)An offence against this section is a strict liability offence.
(4)Subsection (2) does not apply if the person acts with the written consent of the chief veterinary officer.
Offence—movement of animals
(1)A person commits an offence if the person does something that enables an animal to enter or leave a quarantine area.
Maximum penalty: 50 penalty units.
(2)This section does not apply if the person acts with the written approval of the director‑general or the chief veterinary officer.
24AAuthorisation for activity movements in quarantine area
(1)The Minister may authorise entry to, leaving or movement within a quarantine area that would otherwise contravene a restriction stated in the quarantine declaration.
NoteSee s 21 (d) for restrictions on entry to, leaving or movement within a quarantine area.
(2)However, the Minister may only authorise the entry, leaving or movement for a stated activity in a stated area.
(3)An authorisation under this section must state—
(a)the activity to which the authorisation applies; and
(b)the quarantine declaration to which the authorisation relates; and
(c)the area to which the authorisation applies; and
(d)the conditions on entry to, leaving and movement within the area where the activity is undertaken; and
(e)the conditions on the conduct of the activity; and
(f)the records relating to the activity that are required to be kept by the person conducting the activity.
Examples—possible conditions on the conduct of an activity
1 The organiser of an activity must register the activity with the chief veterinary officer before the activity takes place.
2 The organiser of an activity must implement decontamination procedures for the activity.
3 Participants in an activity must undertake the decontamination procedures for the activity before leaving the area where the activity happens.
(4)An authorisation under this section—
(a)is given for the period, not longer than 1 year, stated in the authorisation; and
(b)expires when the quarantine declaration to which the authorisation relates is revoked.
(5)An authorisation is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(6)In this section:
activity means an activity involving the use of animals or animal products.
Example
horse racing
24BPerson conducting activity to comply with conditions
A person commits an offence if—
(a)the person conducts an activity to which an authorisation under section 24A applies; and
(b)a condition applying to the conduct of the activity is stated in the authorisation; and
(c)the person fails to comply with the condition.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
24CPerson conducting activity to keep records
A person commits an offence if—
(a)the person conducts an activity to which an authorisation under section 24A applies; and
(b)the person is required to keep a record stated in section 24A (3) (f); and
(c)the person fails to keep the record for at least 1 year after the day the authorisation expires.
Maximum penalty: 20 penalty units.
Removal of refuse from quarantine area
(1)The chief veterinary officer may, in writing, direct the owner or occupier of premises in an exotic disease quarantine area to remove refuse from the premises.
(2)The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an exotic disease.
(3)The direction must state when and how the refuse is to be removed.
(4)A person commits an offence if the person fails to take all reasonable steps to comply with a direction given to the person under subsection (1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Court proceedings about exotic disease declaration
While a declaration under section 19 (Exotic disease quarantine area) is in force, the declaration or a direction under this part in relation to an exotic disease in relation to which the declaration is made—
(a)must not be challenged or called into question in any court; and
(b)is not subject to a prerogative order or injunction in any court.
Division 3.5 Destruction of animals and other things
Destruction of infected animals etc—endemic disease
(1)The chief veterinary officer may, in writing, direct an authorised person or someone else to destroy—
(a)an infected animal; or
(b)an infected animal product or other thing.
(2)The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an endemic disease.
(3)A direction may state how the animal or thing must be destroyed.
(4)The chief veterinary officer must give a copy of a direction to the owner or person apparently in charge of the animal or thing—
(a)before the direction is carried out unless—
(i)after reasonable search and inquiry the owner or person apparently in charge cannot be found; and
(ii)the chief veterinary officer considers that the circumstances require the immediate destruction of the animal or thing; or
(b)in any other case—as soon as practicable after the direction is carried out.
(5)A person commits an offence if the person fails to take all reasonable steps to comply with a direction given to the person under subsection (1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(6)Subsection (4) and (5) do not apply to an authorised person.
Compensation for animal etc destroyed—endemic disease
(1)This section applies if an animal or thing infected with a compensable disease is destroyed under section 27.
(2)The owner of the animal or thing may apply to the director‑general for compensation.
(3)The application must be made within 90 days after the day the animal or thing is destroyed or any further period the director‑general allows.
(4)The director‑general must decide an amount of compensation (not more than the market value of the animal or thing) payable to the owner.
(5)In this section:
compensable disease means an endemic disease declared to be a compensable disease under section 16.
Destruction of infected animals etc—exotic disease
(1)The chief veterinary officer may, in writing, direct an authorised person or someone else to destroy—
(a)an infected animal; or
(b)an infected animal product or other thing; or
(c)infected premises (other than a dwelling).
(2)The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an exotic disease.
(3)A direction may state how the animal, thing or premises must be destroyed.
(4)The chief veterinary officer must give a copy of a direction to the owner or person apparently in charge of the animal, thing or premises—
(a)before the direction is carried out unless—
(i)after reasonable search and inquiry the owner or person apparently in charge cannot be found; and
(ii)the chief veterinary officer considers that the circumstances require the immediate destruction of the animal, thing or premises; or
(b)in any other case—as soon as practicable after the direction is carried out.
(5)A person commits an offence if the person fails to take all reasonable steps to comply with a direction given to the person under subsection (1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(6)Subsection (4) and (5) do not apply to an authorised person.
Compensation for animal etc destroyed—exotic disease
(1)This section applies if an animal, premises or other thing has been destroyed under section 29.
(2)The owner of the animal, premises or other thing may apply to the director‑general for compensation.
(3)The application must be made within 90 days after the day the animal, premises or other thing is destroyed or any further period the director‑general allows.
(4)The director‑general must decide an amount of compensation (not more than the market value of the animal, premises or other thing) payable to the owner.
Compensation for death of animal from exotic disease
(1)This section applies if—
(a)an animal has died; and
(b)a veterinary practitioner has certified that the death was caused by an exotic disease.
(2)The owner of the animal may apply to the director‑general for compensation.
(3)The application must be made within 90 days after the day the animal died or any further period the director‑general allows.
(4)The director‑general must decide an amount of compensation (not more than the market value of the animal) payable to the owner.
Division 3.6 Offences generally
Spreading disease
(1)A person commits an offence if the person does something that communicates a disease or disease agent to an animal.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply if the person acts with the written approval of the chief veterinary officer.
(3)In this section:
disease agent means any prion, virus, rickettsia, bacterium, protozoon, fungus, helminth, arthropod, insect or other pathogen or organism that can cause a disease in an animal.
Use of vaccines etc
(1)A person commits an offence if the person uses on an animal, or material derived from an animal—
(a)a virus, vaccine or other biological product containing living organisms for treatment or prevention of an exotic or endemic disease; or
(b)a biological product containing something derived from a living organism for diagnosis of an exotic or endemic disease.
Example for par (b)
a protein extract derived as a testing agent
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply if the person acts with the written approval of the chief veterinary officer.
Feeding of prohibited pig feed to controlled stock
(1)A person commits an offence if the person feeds prohibited pig feed to controlled stock.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
approved process includes—
(a)rendering in accordance with AS 5008; and
(b)a cooking process that ensures that an internal temperature of at least 70°C for at least 30 minutes is reached; and
(c)treatment of cooking oil, which has been used for cooking in Australia, in accordance with the National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds.
NoteThe National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds is accessible at Annex A.
AS 5008 means AS 5008 (Hygienic rendering of animal products), as in force from time to time.
NoteAS 5008 may be purchased at
controlled stock means a pig or an animal declared by regulation to be controlled stock.
feed prohibited pig feed to controlled stock includes—
(a)feed, or allow or direct another person to feed, prohibited pig feed to controlled stock; or
(b)allow controlled stock to have access to prohibited pig feed; or
(c)collect, store or possess prohibited pig feed on premises where controlled stock is kept; or
(d)supply to another person prohibited pig feed for feeding controlled stock.
prohibited pig feed means—
(a)material of mammalian origin, or any substance that has come in contact with this material; but
(b)subject to section 34A, does not include—
(i)milk, milk products or milk by-products either of Australian provenance or legally imported for stockfeed use in Australia; or
(ii)material containing flesh, bones, blood, offal or mammal carcasses that is treated by an approved process; or
(iii)a carcass or part of a domestic pig, born and raised on the property on which the pig or pigs that are administered the carcass or part are held, that is administered for therapeutic purposes in accordance with the written instructions of a veterinary practitioner.
34AFoot-and-mouth disease outbreak
(1)This section applies if there is an outbreak of foot-and-mouth disease in Australia.
(2)The Minister may declare that prohibited pig feed includes—
(a)milk, milk products or milk by-products either of Australian provenance or legally imported for stockfeed use in Australia; or
(b)material containing flesh, bones, blood, offal or mammal carcasses that is treated by an approved process; or
(c)a carcass or part of a domestic pig, born and raised on the property on which the pig or pigs that are administered the carcass or part are held, that is administered for therapeutic purposes in accordance with the written instructions of a veterinary practitioner.
(3)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4)In this section:
approved process—see section 34.
prohibited pig feed—see section 34.
Selling, disposing of or abandoning infected animals
(1)This section applies to a person who is the owner of, or is in charge of, an infected animal.
(2)The person commits an offence if the person does any of the following:
(a)sells the animal;
(b)moves the animal from premises to other premises;
(c)intentionally abandons the animal, or allows the animal to stray;
(d)hides the animal;
(e)if the animal is dead—does either of the following:
(i)leaves the carcass (or any part of it) on or near a road, creek or waterhole;
(ii)destroys or otherwise disposes of the carcass (or any part of it) otherwise than in accordance with the chief veterinary officer’s instructions.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)This section does not apply if the person acts with the written approval of the chief veterinary officer.
Interference with structures securing infected animals
(1)A person commits an offence if—
(a)the person damages, interferes with or removes a fence or other structure securing an animal; and
(b)the person is reckless about whether the animal is an infected animal.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply if the person acts with the written approval of the chief veterinary officer.
Part 4National livestock identification system
Division 4.1 General
Definitions—pt 4
In this part:
agent identification code means an agent identification code allocated to an agent under—
(a)this part; or
(b)a related NLIS law.
camelids means members of the family camelidae other than vicunas or guanacos.
NoteCamelids include camels, alpacas and llamas.
cattle means the following:
(a)a member of the genus Bos;
(b)American bison or buffalo (Bison bison);
(c)domestic water buffalo (Bubalus bubalis).
equine means a member of the family equidae.
NoteEquines include horses, donkeys, asses, mules and zebras.
identifiable stock means cattle, pigs, goats and sheep and includes a carcass of any such animal.
identifier means a tag, label, brand, mark, implant or other means of identification of stock.
large poultry means emu and ostrich.
property means an area of land (including an area comprising 1 or more parcels of land close together) worked as a single entity.
property identification code means—
(a)in relation to a property in the ACT—the property identification code allocated to the property or premises under this part; or
(b)in relation to a property in another jurisdiction—the property identification code allocated to the property under a related NLIS law.
related NLIS law means a law of another jurisdiction that applies the NLIS in that jurisdiction.
responsible person means—
(a)for leased property or premises—
(i)the lessee of the property or premises; or
(ii)if the lessee of the property or premises is not the occupier of the property or premises—the occupier or manager of the property or premises; and
(b)for an area of unleased territory land that is licensed to someone—the licensee of the land; and
(c)for an abattoir, saleyard or stock event—the operator of the abattoir, saleyard or stock event.
small poultry means chicken, turkey, guinea fowl, duck, goose, quail, pigeon, pheasant and partridge.
Division 4.2 Identification codes
Allocating identification codes
(1)The chief veterinary officer may allocate a property identification code to property or premises—
(a)that require a property identification code under this division; or
(b)that are unleased territory land.
(2)The chief veterinary officer may allocate an agent identification code to a stock and station agent.
(3)The identification code may be allocated—
(a)on application under this division; or
(b)on the chief veterinary officer’s own initiative.
Applying for property identification code
(1)A responsible person may apply to the chief veterinary officer for a property identification code.
(2)The application must include the following:
(a)the name and street address of the property or premises;
(b)a description of the property or premises by reference to—
(i)district, division, section or block number; or
(ii)ACTmapi;
NoteACTmapi is accessible at full name, street address, postal address, email address and phone number of the responsible person for the property or premises.
NoteA fee may be determined under s 88 for this provision.
(3)In this section:
responsible person means—
(a)for leased property or premises—
(i)the lessee of the property or premises; or
(ii)if the lessee of the property or premises is not the occupier of the property or premises—the occupier or manager of the property or premises; and
(b)for an area of unleased territory land—
(i)the custodian of the land; or
(ii)if the land is licensed to someone else—the licensee of the land; and
(c)for an abattoir, saleyard or stock event—the operator of the abattoir, saleyard or stock event.
Responsible person for property with property identification code must update details
(1)A person commits an offence if—
(a)the person is a responsible person for a property or premises that have been allocated a property identification code; and
(b)there is a change in any of the details mentioned in section 39 (2); and
(c)the person does not, within 14 days of the change, tell the chief veterinary officer, in writing, about the change.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Applying for agent identification code
(1)A stock and station agent may apply to the chief veterinary officer for an agent identification code.
(2)The application must include the following:
(a)the name and street address in the ACT of the registered office of the agent;
(b)the applicant’s full name, street address, postal address, email address and phone number.
NoteA fee may be determined under s 88 for this provision.
Stock and station agent must update details of agent identification code
(1)A stock and station agent commits an offence if—
(a)the agent is allocated an agent identification code; and
(b)there is a change in any of the details mentioned in section 41 (2); and
(c)the agent does not, within 14 days of the change, tell the chief veterinary officer, in writing, about the change.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Transfer of identification codes
(1)The chief veterinary officer may transfer a property identification code to another property that comprises all or part of the property or premises to which the property identification code was first allocated.
(2)The chief veterinary officer may transfer an agent identification code to a stock and station agent if the stock and station agent has taken over the business of the stock and station agent to whom the agent identification code was first allocated.
Inactivation or cancellation of identification codes
(1)This section applies if the chief veterinary officer believes on reasonable grounds that a property identification code or an agent identification code is not needed for compliance with this Act.
(2)The chief veterinary officer may inactivate or cancel the identification code if the officer—
(a)gives the person who was allocated the identification code at least 15 working days to give reasons why the code should not be inactivated or cancelled; and
(b)takes into account the reasons given by the person.
(3)If the chief veterinary officer inactivates or cancels an identification code, the officer must tell—
(a)the person who was allocated the identification code; and
(b)the NLIS administrator.
(4)If an identification code is inactivated or cancelled, the chief veterinary officer may only reallocate the code in circumstances declared by the director-general.
(5)A declaration under subsection (4) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Property identification code required if certain animals kept
(1)A person commits an offence if—
(a)the person is a responsible person for a property; and
(b)the person keeps any of the following on the property:
(i)identifiable stock;
(ii)camelids;
(iii)deer;
(iv)equines;
(v)100 or more small poultry;
(vi)10 or more large poultry; and
(c)a property identification code is not allocated for the property.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Property identification code required if certain activities happen
(1)A person commits an offence if—
(a)the person operates any of the following on a property or premises:
(i)an abattoir;
(ii)a saleyard;
(iii)a stock event; and
(b)a property identification code is not allocated for the property or premises.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Division 4.3 Permanent identification of identifiable stock
Subdivision 4.3.1 Identifiable stock
When identifiable stock is properly identified—pt 4
(1)Identifiable stock is properly identified for this part if—
(a)a permanent identifier is—
(i)properly attached to the stock; or
(ii)for stock born outside the ACT—attached in accordance with a related NLIS law; and
(b)the property identification code on the permanent identifier is the property identification code for the property or premises where the permanent identifier is attached to the stock; and
(c)the permanent identifier is readable and has not stopped working.
(2)In this section:
relevant NLIS standard, for an animal, means the standard as published from time to time by the NLIS administrator for the animal.
NoteThe NLIS administrator publishes standards for animals at attached, to stock, for a permanent identifier, means—
(a)for cattle—being the only permanent identifier attached to the cattle, attached in accordance with—
(i)the manufacturer’s instructions; and
(ii)the relevant NLIS standard; and
(b)for sheep or goats—attached to the ear of the sheep or goat—
(i)in a way that allows the property identification code on the identifier to be easily read; and
(ii)in accordance with the manufacturer’s instructions; and
(iii)in accordance with the relevant NLIS standard; and
NoteSheep, goats and pigs may have more than 1 permanent identifier attached to them.
(c)for pigs—
(i)if the permanent identifier for the pig is an NLIS device—attached in accordance with—
(A)the manufacturer’s instructions; and
(B)the relevant NLIS standard; or
(ii)in any other case—attached by applying the permanent identifier for pigs to 1 or more shoulders of the pig so that the characters on the brand are impressed through the skin of the pig and can be easily read.
Offences—identifiable stock not properly identified
(1)A person commits an offence if—
(a)the person moves identifiable stock from a property or premises; and
(b)the movement is not an exempt movement under section 49; and
(c)the identifiable stock is not properly identified.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if—
(a)the person operates a saleyard or abattoir; and
(b)identifiable stock is kept at the saleyard or abattoir; and
(c)the identifiable stock is not properly identified.
Maximum penalty: 50 penalty units.
(3)A person commits an offence if—
(a)the person owns identifiable stock; and
(b)the identifiable stock are delivered to a saleyard or abattoir; and
(c)the identifiable stock is not properly identified; and
(d)the person does not immediately tell the operator of the saleyard or abattoir that the identifiable stock is not properly identified.
Maximum penalty: 50 penalty units.
(4)A person commits an offence if—
(a)identifiable stock is at a saleyard or abattoir; and
(b)the person does any of the following:
(i)sells or otherwise disposes of the stock;
(ii)buys or otherwise acquires the stock;
(iii)slaughters the stock (unless slaughter is required for humane reasons at the direction of an authorised person); and
(c)the identifiable stock is not properly identified.
Maximum penalty: 50 penalty units.
(5)A person commits an offence if—
(a)the person is in charge of identifiable stock at a saleyard or abattoir; and
(b)the identifiable stock is not properly identified; and
(c)the person does not take all reasonable steps to ensure that another person does not do any of the following:
(i)sell or otherwise dispose of the stock;
(ii)buy or otherwise acquire the stock;
(iii)slaughter the stock (unless slaughter is required for humane reasons at the direction of an authorised person).
Maximum penalty: 50 penalty units.
(6)Despite any other provision of this section, identifiable stock is not required to be properly identified after the stock is slaughtered at an abattoir.
(7)In this section:
authorised person includes either of the following:
(a)an inspector or authorised officer under the Animal Welfare Act 1992, division 7.2;
(b)a veterinary surgeon.
Exempt movements of identifiable stock
(1)A person does not commit an offence under section 48 (1) if the person moves identifiable stock that is not properly identified from a property or premises in any of the following circumstances:
(a)the identifiable stock is a carcass that is moved directly to—
(i)a waste management facility that is authorised to accept the carcass; or
(ii)the National Zoo and Aquarium;
(b)the identifiable stock (other than a pig) is moved—
(i)from the property on which it is located (the first property) to a contiguous property and returned to the first property within 2 days; or
(ii)from the property on which it is located (the first property) to a contiguous property because the stock is grazed continuously between the first property and the contiguous property; or
(iii)to another part of the same property by a route that requires the stock to leave the property;
(c)the identifiable stock is moved for display at the National Zoo and Aquarium;
(d)for identifiable stock that is a dairy goat or a goat that was born without ears—the identifiable stock is moved to somewhere other than a saleyard or abattoir;
(e)for identifiable stock that is a feral goat that has been captured from the wild—the identifiable stock is moved from the property on which it was captured to an abattoir;
(f)the identifiable stock being moved is a pig that will continue to be owned by the same person following the move;
(g)the identifiable stock is moved because of an extreme emergency.
Example—extreme emergency
imminent threat arising from a bushfire or a flood
Note 1The person may commit an offence if the chief veterinary officer is not informed of the move within 7 days (see s 50 (1)).
Note 2The defendant has an evidential burden in relation to the matters mentioned in s (1) (see Criminal Code, s 58).
(2)A person does not commit an offence under section 48 (1) if—
(a)the person moves identifiable stock that are cattle from a property or premises; and
(b)either—
(i)the cattle have special identifiers approved or recognised by a related NLIS law; or
(ii)the chief veterinary officer approves the move in writing.
(3)A person does not commit an offence under section 48 (1) if—
(a)the person moves identifiable stock from a property or premises; and
(b)the chief veterinary officer approves the move in writing.
Offence—required information if identifiable stock moved in extreme emergency
(1)A person commits an offence if—
(a)the person owns identifiable stock; and
(b)the person moves the identifiable stock from a property or premises because of an extreme emergency; and
(c)the identifiable stock is not properly identified; and
(d)the person does not give the chief veterinary officer the required information within 7 days after the day the identifiable stock is moved.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
required information means the following information given in writing or electronically:
(a)the property identification code of the property from which the identifiable stock is moved;
(b)the property identification code of the property to which the identifiable stock is moved;
(c)if identifiable stock is moved to a property that does not have a property identification code—the address of the location to which the identifiable stock is moved and the name of the person receiving the identifiable stock;
(d)the date the identifiable stock moved;
(e)the number and a description of the identifiable stock moved.
Subdivision 4.3.2 Permanent identifiers
Meaning of supply—sdiv 4.3.2
In this subdivision:
supply includes sale.
Offences—acquisition of permanent identifiers
(1)A person commits an offence if the person—
(a)acquires a permanent identifier; and
(b)is not—
(i)the chief veterinary officer; or
(ii)a responsible person for a property or premises that have a property identification code; or
(iii)a stock and station agent who has an agent identification code.
Maximum penalty: 50 penalty units.
(2)The manufacturer of an NLIS device commits an offence if—
(a)the manufacturer supplies a permanent identifier to a person; and
(b)the person is not—
(i)the chief veterinary officer; or
(ii)a responsible person for a property or premises that have a property identification code; or
(iii)a stock and station agent who has an agent identification code.
Maximum penalty: 50 penalty units.
(3)The manufacturer of an NLIS device commits an offence if—
(a)the manufacturer supplies a permanent identifier to a person; and
(b)the permanent identifier refers to a property identification code that is not active.
Maximum penalty: 50 penalty units.
52ADirections for use of permanent identifiers in saleyard or abattoir
(1)The chief veterinary officer may give directions for the use of a permanent identifier in a saleyard or an abattoir.
(2)A direction under subsection (1) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)A person commits an offence if the person—
(a)is subject to a direction under subsection (1); and
(b)does not comply with the direction.
Maximum penalty: 50 penalty units.
52BRequest for details on use and location of permanent identifier
(1)An authorised person may—
(a)ask the responsible person for a property or premises that have been allocated a property identification code for details about the location and use of any permanent identifier issued in relation to the property identification code (the requested details); and
(b)state a day, at least 7 days after the day of the request (the response day), for the person to give the requested details.
(2)A person commits an offence if—
(a)the person is the responsible person for a property or premises; and
(b)an authorised person asks the person to give the authorised person the requested details in relation to the property or premises by the response day; and
(c)the person fails to give the requested details to the authorised person by the response day.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
52CRecords and provision of information to NLIS administrator
(1)The manufacturer of an NLIS device commits an offence if—
(a)the manufacturer supplies a permanent identifier; and
(b)the manufacturer does not keep the required supply record for the required time.
Maximum penalty: 50 penalty units.
(2)The manufacturer of an NLIS device commits an offence if—
(a)the manufacturer supplies a permanent identifier for cattle; and
(b)the manufacturer does not give the NLIS administrator, before the close of business on the next working day after the supply, the following:
(i)the relevant identification particulars for the cattle;
(ii)the date on which the permanent identifier was supplied.
Maximum penalty: 50 penalty units.
(3)An offence against this section is a strict liability offence.
(4)In this section:
required supply record means a record of the following information about a permanent identifier kept in writing or electronically:
(a)the date the identifier was supplied;
(b)the number and type of identifiers supplied;
(c)the identification code and serial number of each identifier;
(d)the full name and street address of the person to whom each identifier was supplied;
(e)the full name and street address of the owner of the stock for which each identifier was supplied, and in relation to that stock—
(i)the species of the stock; and
(ii)the property identification code for the property of origin of the stock (if known);
(f)in the case of a permanent identifier for use in a saleyard or an abattoir—the reason the identifier was supplied.
required time means—
(a)if the permanent identifier is supplied for use in a saleyard or abattoir—at least 2 years beginning on the date of the supply; and
(b)in any other case—at least 7 years beginning on the date of the supply.
52DAlteration or removal of permanent identifier
(1)A person commits an offence if the person alters, or allows or directs another person to alter—
(a)a permanent identifier; or
(b)equipment that is used for attaching or reading a permanent identifier.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person—
(a)removes a permanent identifier from identifiable stock; or
(b)directs another person to remove a permanent identifier from identifiable stock.
Maximum penalty: 50 penalty units.
(3)Subsection (2) does not apply if—
(a)the stock is slaughtered at an abattoir; or
(b)the person is authorised by an authorised person, in writing, to remove the permanent identifier and does so in accordance with any condition stated in the authorisation; or
(c)the stock is dead and there is no requirement to notify the chief veterinary officer of the death; or
(d)if the stock are cattle—the permanent identifier could not be read electronically, a new permanent identifier is attached to the stock immediately after the removal, and information about the replacement of the identifier is given to the NLIS administrator by the earlier of—
(i)the next business day; and
(ii)the day the cattle are removed from the property.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)A person commits an offence if the person—
(a)knows that a permanent identifier has been altered or removed from identifiable stock; and
(b)buys or sells the identifiable stock, or moves the stock from a property or premises.
Maximum penalty: 50 penalty units.
(5)A person commits an offence if the person—
(a)removes a permanent identifier from identifiable stock (other than a pig); and
(b)attaches a new permanent identifier to the identifiable stock; and
(c)fails to give the NLIS administrator information about the new permanent identifier.
Maximum penalty: 50 penalty units.
(6)This section does not apply to the removal of a permanent identifier by any of the following:
(a)an authorised person;
(b)an authorised officer under the Food Act 2001;
(c)an inspector or authorised officer under the Animal Welfare Act 1992;
(d)a registered veterinary practitioner, if the removal is in relation to medical treatment of the identifiable stock.
(7)In this section:
alter includes deface.
52EImproper use of permanent identifiers
(1)A person commits an offence if—
(a)the person attaches a permanent identifier to identifiable stock; and
(b)the permanent identifier has previously been attached to other stock.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if—
(a)the person attaches a permanent identifier to identifiable stock; and
(b)the attachment of the permanent identifier will result in the stock not being properly identified.
Maximum penalty: 50 penalty units.
(3)A person commits an offence if—
(a)the person attaches a permanent identifier to cattle; and
(b)the cattle are already properly identified.
Maximum penalty: 50 penalty units.
52FDestruction of permanent identifiers removed from slaughtered stock
The operator of an abattoir commits an offence if—
(a)a permanent identifier is removed from identifiable stock slaughtered at the abattoir; and
(b)the permanent identifier is not disposed of in a way that ensures the identifier is unable to be used or attached to identifiable stock.
Maximum penalty: 20 penalty units.
52GManufacture, sale, supply and use of counterfeit identifiers
(1)A person commits an offence if the person—
(a)makes, supplies or uses anything that could reasonably be mistaken for a permanent identifier; and
(b)knows that the thing may be attached to identifiable stock.
Maximum penalty: 50 penalty units.
(2)This section does not apply if the person did not know, and could not reasonably be expected to have known, that the thing the person made, supplied or used could reasonably be mistaken for a permanent identifier.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
52HLoss or theft of unattached permanent identifier for cattle
(1)A person commits an offence if—
(a)the person is the responsible person for a property; and
(b)a permanent identifier is issued for cattle on the property but is not attached to cattle; and
(c)the permanent identifier is lost or stolen; and
(d)the person does not give the NLIS administrator the following information, in writing, within 7 days after the day the person became aware of the loss or theft:
(i)notice that the permanent identifier is lost or stolen;
(ii)the date the permanent identifier was lost or stolen (or the date the person became aware of the loss);
(iii)the relevant identification particulars contained on or in the permanent identifier.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply in relation to a person if the person knows another person has provided the information to the NLIS administrator.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Division 4.4 Information requirements—stock transactions
Subdivision 4.4.1 Provisions applying to all identifiable stock
52IMeaning of delivery information—sdiv 4.4.1
In this subdivision:
delivery information, in relation to identifiable stock, means the following information:
(a)the kind of stock and the number of each kind of stock;
(b)the date the stock left the previous property;
(c)the property identification code of the previous property;
(d)the serial number of any NLIS movement document created in relation to the delivery of the stock;
(e)for pigs, sheep or goats—
(i)the relevant identification particulars for the pigs, sheep or goats; and
(ii)whether the pigs, sheep or goats were bred on the previous property;
(f)a completed delivery declaration that includes the following:
(i)the name and signature of the owner of identifiable stock who is making the declaration;
(ii)the day on which the declaration is made;
(iii)the property identification code of the property to which the stock is to be delivered (or if the code is not known or readily available, the name and address of the person to whom the stock are to be delivered).
NoteA relevant NLIS movement document will contain some or all of the delivery information.
52JOwner of identifiable stock must prepare and retain delivery information etc
(1)An owner of identifiable stock commits an offence if—
(a)the owner’s identifiable stock is delivered to another person; and
(b)the owner does not prepare the delivery information in relation to the stock before the stock is delivered.
Maximum penalty: 50 penalty units.
(2)An owner of identifiable stock commits an offence if—
(a)the owner’s identifiable stock is to be delivered to another person; and
(b)the owner does not give the delivery information in relation to the stock to the person who is to deliver the stock when the person is given the stock to deliver.
Maximum penalty: 50 penalty units.
(3)An owner of identifiable stock commits an offence if—
(a)the owner’s identifiable stock is delivered to another person; and
(b)the owner does not keep, for at least 7 years after the delivery of the identifiable stock, the following:
(i)the delivery information in relation to the stock;
(ii)if the stock is delivered to an abattoir or to a stock and station agent for sale—the property identification code or address of the abattoir or saleyard.
Maximum penalty: 50 penalty units.
52KDelivery information—stock and station agents and saleyards
(1)A person commits an offence if the person—
(a)delivers identifiable stock to a stock and station agent; and
(b)does not give the delivery information in relation to the stock to the stock and station agent.
Maximum penalty: 50 penalty units.
(2)A stock and station agent commits an offence if the agent—
(a)sells or otherwise disposes of identifiable stock; and
(b)does not have the delivery information in relation to the identifiable stock.
Maximum penalty: 50 penalty units.
(3)A person commits an offence if the person—
(a)takes possession of identifiable stock from a stock and station agent; and
(b)does not immediately give the stock and station agent the following information (the post-sale information):
(i)if the stock is to be sent to a property—the property identification code of the property;
(ii)if another stock and station agent is to take possession of the stock—the agent identification code of the other stock and station agent.
Maximum penalty: 50 penalty units.
(4)A stock and station agent commits an offence if the agent—
(a)sells or otherwise disposes of identifiable stock; and
(b)does not keep the following information in relation to the sale or disposal for at least 2 years:
(i)the delivery information in relation to the identifiable stock;
(ii)the property identification code or address of the saleyard at which the identifiable stock was sold or otherwise disposed of;
(iii)the post-sale information.
Maximum penalty: 50 penalty units.
(5)A stock and station agent commits an offence if the agent—
(a)sells identifiable stock to a person; and
(b)does not, within 7 days after the day of the sale, give the person the following information:
(i)the delivery information in relation to the identifiable stock;
(ii)the property identification code or address of the saleyard at which the stock was sold.
Maximum penalty: 50 penalty units.
(6)A person commits an offence if the person—
(a)is given the information mentioned in subsection (5); and
(b)does not keep the information for at least 7 years after the day the information was given.
Maximum penalty: 50 penalty units.
(7)A stock and station agent commits an offence if the agent does not, at least once in each week in which the agent transfers stock—
(a)reconcile the number of living stock linked to the agent’s agent identification code on the NLIS database; and
(b)record the transfer of the stock from the agent’s agent identification code to the property identification code of the property or premises to which the stock was delivered; and
(c)give the information to the NLIS administrator.
Maximum penalty: 50 penalty units.
(8)A stock and station agent commits an offence if the agent—
(a)takes delivery of, sells or otherwise disposes of identifiable stock (other than pigs) at a saleyard; and
(b)does not, by close of business on the day of the delivery, sale or other disposal, give the operator of the saleyard the following information:
(i)the delivery information in relation to the identifiable stock;
(ii)the post-sale information given to the agent in relation to the stock.
Maximum penalty: 50 penalty units.
(9)An operator of a saleyard commits an offence if the operator—
(a)is given the information mentioned in subsection (8); and
(b)does not keep the information for at least 2 years after the day the information is given.
Maximum penalty: 50 penalty units.
52LDelivery information—farm properties
(1)A person commits an offence if the person—
(a)delivers identifiable stock to a farm property; and
(b)does not give the delivery information in relation to the identifiable stock to the person taking charge of the stock at the farm property.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply if the identifiable stock—
(a)is delivered to the farm property because the stock is being transferred from one vehicle to another in the course of being transported; and
(b)is on the farm property for less than 24 hours.
(3)A person commits an offence if the person—
(a)is given the information mentioned in subsection (1); and
(b)is not the owner of the identifiable stock; and
(c)does not immediately give the information to the owner of the identifiable stock.
Maximum penalty: 50 penalty units.
(4)An owner of identifiable stock commits an offence if the owner does not keep the delivery information for at least 7 years after the day the stock is delivered.
Maximum penalty: 50 penalty units.
52MDelivery information—stock events
(1)A person commits an offence if the person—
(a)delivers identifiable stock to a property or premises for a stock event; and
(b)does not give the delivery information to the operator of the stock event.
Maximum penalty: 50 penalty units.
(2)The operator of a stock event commits an offence if the operator does not keep the delivery information for at least 2 years after the day the identifiable stock is delivered.
Maximum penalty: 50 penalty units.
(3)The operator of a stock event commits an offence if the operator does not, within 7 days after the end of the event—
(a)reconcile the number of living stock linked to the operator’s property identification code on the NLIS database with the number of living stock remaining on the property or premises at the end of the event; and
(b)give the information to the NLIS administrator.
Maximum penalty: 50 penalty units.
Subdivision 4.4.2 Reporting to the NLIS administrator
52NApplication—sdiv 4.4.2
This subdivision does not apply in relation to transactions involving pigs.
52OMeaning of transaction information—sdiv 4.4.2
In this subdivision:
transaction information, for a reportable transaction, means the following:
(a)the kind of transaction;
(b)the date of the transaction;
(c)the relevant identification particulars for the stock involved in the transaction;
(d)the serial number of any NLIS movement document created in relation to the transaction;
(e)if the transaction is a reportable transaction at a property other than a saleyard or abattoir—the property identification code of the property;
(f)if the transaction is a reportable transaction at a saleyard or abattoir—
(i)the property identification code of the saleyard or abattoir; or
(ii)any other unique code or number assigned to the saleyard or abattoir by the NLIS administrator;
(g)the property identification code of the previous property;
(h)for sheep or goats—
(i)the number of sheep or goats involved in the transaction; and
(ii)whether the sheep or goats were bred on the previous property.
52PReportable transactions—saleyards
(1)The operator of a saleyard commits an offence if—
(a)a reportable transaction happens at the saleyard; and
(b)the operator does not give the NLIS administrator the required information in relation to the reportable transaction in the required time.
Maximum penalty: 50 penalty units.
(2)The operator of a saleyard commits an offence if—
(a)cattle, sheep or goats are sold at the saleyard; and
(b)by close of business on the day of the sale, the operator does not make a record of the number of cattle, sheep and goats sold at the saleyard.
Maximum penalty: 50 penalty units.
(3)The operator of a saleyard commits an offence if the operator does not keep the information recorded under subsection (2) for at least 2 years after the day the stock is sold.
Maximum penalty: 50 penalty units.
(4)In this section:
reportable transaction means—
(a)the sale of identifiable stock at a saleyard; or
Dictionary
(see s 4)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· contravene
· Corporations Act
· director‑general (see s 163)
· document
· exercise
· function
· home address
· police officer
· public notice
· reviewable decision notice
· State
· veterinary practitioner.
agency, of the Commonwealth or a State—
(a)means—
(i)a department of the Commonwealth or State; or
(ii)a statutory office-holder of the Commonwealth or State; or
(iii)any other entity established for a public purpose under a law of the Commonwealth or State; and
(b)includes a member of, or a member of the staff of, the agency.
agent identification code, for part 4 (National livestock identification system)—see section 37.
analyst, for part 5 (Restricted animal material—ruminants)—see section 54.
animal includes—
(a)a vertebrate and an invertebrate; and
(b)an egg, embryo, ovum or sperm, or other product, of an animal from which another animal could be produced; and
(c)a dead animal;
but does not include a human being.
animal product includes—
(a)a part of an animal or a secretion or thing that has at any time been part of an animal; and
(b)a product or thing made or derived from an animal or a part of an animal.
at premises includes in or on the premises.
authorised person means an authorised person under section 64.
bag, for part 5 (Restricted animal material—ruminants)—see section 53.
beekeeper, for part 5A (Beekeepers)—see section 62A.
breeder device means an identifier containing the property identification code of the property on which the stock that is to carry the identifier was born.
bulk, for feed or meal, for part 5 (Restricted animal material—ruminants)—see section 53.
camelids, for part 4 (National livestock identification system)—see section 37.
cattle, for part 4 (National livestock identification system)—see section 37.
chief veterinary officer means the Chief Veterinary Officer appointed under section 7.
compounded feed, for part 5 (Restricted animal material—ruminants)—see section 53.
connected, for part 6 (Enforcement)—see section 63.
corresponding law, of a State, for part 5A (Beekeepers)—see section 62A.
delivery information, in relation to identifiable stock, for subdivision 4.4.1 (Provisions applying to all identifiable stock)—see section 52I.
disease, for part 6 (Enforcement)—see section 63.
endemic disease means a disease declared under section 16 to be an endemic disease.
endemic disease quarantine area means an area declared under section 20 to be an endemic disease quarantine area.
equine, for part 4 (National livestock identification system)—see section 37.
exotic disease means a disease declared under section 12 to be an exotic disease.
exotic disease quarantine area means an area declared under section 19 to be an exotic disease quarantine area.
farm property—
(a)means a property for which a property identification code may be allocated; but
(b)does not include—
(i)an abattoir; or
(ii)a saleyard; or
(iii)a property for which a property identification code may be allocated only because a stock event is held on the property.
feed tag, for part 5 (Restricted animal material—ruminants)—see section 53.
hive records, for part 5A (Beekeepers)—see section 62F (1).
identifiable stock, for part 4 (National livestock identification system)—see section 37.
identifier, for part 4 (National livestock identification system)—see section 37.
infected—see section 9.
large poultry, for part 4 (National livestock identification system)—see section 37.
market value, for compensation for an animal, premises or other thing, means the value that the animal, premises or other thing would have had if, at the time when the assessment for compensation is made—
(a)it had not been infected with a disease; and
(b)it had been offered for sale on the open market.
meal, for part 5 (Restricted animal material—ruminants)—see section 53.
NLIS means the national livestock identification system for identifying and tracing identifiable stock agreed to by the Commonwealth and the States under a resolution of the Primary Industries Ministerial Council of 2 October 2003.
NLIS administrator means Integrity Systems Company Limited (ACN 134 745 038).
NLIS device means a breeder device or post breeder device that is fully or conditionally accredited by the NLIS administrator as a permanent identifier for a particular species of stock.
NLIS movement document means the following:
(a)for identifiable stock other than pigs—a national vendor declaration and waybill approved from time to time by SAFEMEAT (being the entity formed between industry and Australian governments to ensure the safety and hygiene of red meat and livestock) and Meat and Livestock Australia;
(b)for pigs—a national vendor declaration (PigPass) approved by Australian Pork Limited;
(c)a post-sale summary that contains the transaction information;
(d)an exhibitor entry or registration form for an agricultural show that contains the delivery information.
non-restricted animal material statement, for part 5 (Restricted animal material—ruminants)—see section 55.
occupier, of premises, for part 6 (Enforcement)—see section 63.
offence, for part 6 (Enforcement)—see section 63.
permanent identifier means:
(a)for cattle, sheep or goats—an NLIS device; or
(b)for pigs weighing 25kg or less—an NLIS device; or
(c)for pigs weighing more than 25kg—
(i)an NLIS device; or
(ii)a permanent identifier for pigs.
permanent identifier for pigs means a carbon based ink or paste brand—
(a)containing the final 6 characters of the property identification code of the property on which the brand is applied—
(i)that is no more than 53mm wide; and
(ii)that has the characters set out on 2 equal rows one above the other; and
(iii)that is applied so the characters are clearly visible and are at least 20mm high with spaces between those characters of between 2mm and 3mm; or
(b)in a form approved by the chief veterinary officer.
post breeder device means an identifier containing the property identification code of a property other than the property on which the stock that is to carry the identifier was born.
premises includes land or a structure or vehicle and any part of an area of land or a structure or vehicle.
previous property, in relation to identifiable stock, means the last farm property at which the stock was held.
properly identified, for part 4 (National livestock identification system)—see section 47.
property for part 4 (National livestock identification system)—see section 47.
property identification code, for part 4 (National livestock identification system)—see section 37.
quarantine area means an exotic disease quarantine area or an endemic disease quarantine area.
restricted animal material, for part 5 (Restricted animal material—ruminants)—see section 53.
related NLIS law, for part 4 (National livestock identification system)—see section 37.
relevant identification particulars means—
(a)for cattle—
(i)the property identification code of each property in relation to which the cattle have been (or are required to be) permanently identified; and
(ii)information allowing each animal to be individually identified; and
(b)for sheep, goats or pigs—the property identification code of each property in relation to which the sheep, goats or pigs have been (or are required to be) permanently identified.
responsible person, for part 4 (National livestock identification system)—see section 37.
restricted animal material statement, for part 5 (Restricted animal material—ruminants)—see section 55.
reviewable decision, for part 7 (Notification and review of decisions)—see section 85.
road means any road, street, lane, thoroughfare or footpath open to, or used by, the public.
saleyard means premises on which identifiable stock is sold by public auction.
small poultry, for part 4 (National livestock identification system)—see section 37.
stock and station agent means a person who holds a licence as a stock and station agent under the Agents Act 2003 or a corresponding law.
stock event means an event that involves identifiable stock being kept at premises for the purposes of an exhibition or competition.
Example—stock event
an agricultural show
supply, for subdivision 4.3.2 (Permanent identifiers)—see section 51.
transaction information, for a reportable transaction, for subdivision 4.4.2 (Reporting to the NLIS administrator)—see section 52O.
vehicle—
(a)see the Road Transport (General) Act 1999, dictionary; and
(b)includes a boat or aircraft.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Animal Diseases Act 2005 A2005-18
notified LR 13 April 2005
s 1, s 2 commenced 13 April 2005 (LA s 75 (1))
remainder commenced 13 October 2005 (s 2 and LA s 79)as amended by
Statute Law Amendment Act 2005 (No 2) A2005-62 sch 1 pt 1.1
notified LR 21 December 2005
s 1, s 2 commenced 21 December 2005 (LA s 75 (1))
sch 1 pt 1.1 commenced 11 January 2006 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.5
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))sch 2 pt 2.5 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.2
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))sch 3 pt 3.2 commenced 27 December 2007 (s 2)
Animal Diseases Amendment Act 2007 A2007-45
notified LR 13 December 2007
s 1, s 2 commenced 13 December 2007 (LA s 75 (1))remainder commenced 14 December 2007 (s 2)
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.1
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.1 commenced 14 February 2009 (s 2 and LA s 79)Statute Law Amendment Act 2008 A2008-28 sch 1 pt 1.1
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 1 pt 1.1 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.6
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.6 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Animal Diseases Amendment Act 2009 A2009-14
notified LR 29 June 2009
s 1, s 2 commenced 29 June 2009 (LA s 75 (1))remainder commenced 6 July 2009 (s 2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.2
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.2 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.1
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.1 commenced 17 December 2009 (s 2)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.8
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.8 commenced 1 July 2011 (s 2 (1))
Territory and Municipal Services Legislation Amendment Act 2013 A2013-42 sch 1 pt 1.1
notified LR 6 November 2013
s 1, s 2 commenced 6 November 2013 (LA s 75 (1))sch 1 pt 1.1 commenced 7 November 2013 (s 2)
Territory and Municipal Services Legislation Amendment Act 2014 A2014-32 pt 2
notified LR 20 August 2014
s 1, s 2 commenced 20 August 2014 (LA s 75 (1))pt 2 commenced 21 August 2014 (s 2)
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.5
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.5 commenced 14 October 2015 (s 2)Animal Diseases (Beekeeping) Amendment Act 2015 A2015-53
notified LR 26 November 2015
s 1, s 2 commenced 26 November 2015 (LA s 75 (1))
remainder commenced 24 May 2016 (s 2, CN2016-10 and see LA s 77 (3))Animal Diseases Amendment Act 2018 A2018-28 pt 2
notified LR 15 August 2018
s 1, s 2 commenced 15 August 2018 (LA s 75 (1))
pt 2 commenced 17 January 2019 (s 2 and CN2019-1)Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.1
notified LR 30 August 2018
s 1, s 2 commenced 30 August 2018 (LA s 75 (1))
sch 3 pt 3.1 commenced 21 December 2018 (s 2 and CN2018-12)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.1
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.1 commenced 23 October 2018 (s 2 (4))Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.2
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.2 commenced 22 November 2018 (s 2 (1))Planning and Environment Legislation Amendment Act 2020 A2020‑22 pt 2
notified LR 10 June 2020
s 1, s 2 commenced 10 June 2020 (LA s 75 (1))
pt 2 commenced 11 June 2020 (s 2)Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.1
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.1 commenced 23 June 2021 (s 2 (1))as repealed by
Biosecurity Act 2023 A2023-50 s 235 (1)
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
s 235 (1) commenced 15 May 2025 (s 2 (2))Amendment history
Commencement
s 2om LA s 89 (4)
Objects of Act
s 3sub A2009‑14 s 4
Dictionary
s 4am A2018‑28 s 5
Chief veterinary officer
pt 2 hdgsub A2009‑14 s 5
Appointment of chief veterinary officer
s 7sub A2009‑14 s 5
am A2011‑22 amdt 1.32; A2018‑32 amdt 3.1
Delegation by chief veterinary officer
s 8am A2007‑45 s 4
sub A2009‑14 s 5
Meaning of infected
s 9am A2018‑32 amdt 3.1
Declarations under pt 3
s 10am A2018‑42 amdt 3.3
Certificate of freedom from disease
s 11am A2009‑14 s 26; A2021‑12 amdt 3.1
Declaration of exotic disease
s 12am A2018‑42 amdt 3.12
Notification of exotic disease
s 13am A2009‑14 s 26
Directions to control spread of exotic disease
s 14am A2009‑14 s 6, s 7, s 26
Import restrictions
s 15am A2009‑20 amdt 3.4; A2015‑33 amdt 1.11; A2018‑42 amdt 3.12
Declaration of endemic disease
s 16am A2018‑42 amdt 3.12
Notification of endemic disease
s 17am A2009‑14 s 26
Directions to control spread of endemic disease
s 18am A2009‑14 s 8, s 9, s 26
Exotic disease quarantine area
s 19am A2009‑14 s 10; A2009‑20 amdt 3.4; A2015‑33 amdt 1.12; A2018‑42 amdt 3.12
Endemic disease quarantine area
s 20am A2009‑14 s 11; A2018‑42 amdt 3.12
Content of quarantine declarations
s 21am A2008‑28 amdt 1.1
Offence—contravening restriction in quarantine declaration
s 22am A2009‑14 s 12
Quarantine notices
s 23 hdgsub A2015‑33 amdt 1.13
s 23am A2011‑22 amdt 1.32, A2013‑42 amdt 1.14; A2021‑12 amdt 3.1
Offence—movement of animals
s 24am A2009‑14 s 26; A2011‑22 amdt 1.32
Authorisation for activity movements in quarantine area
s 24Ains A2009‑14 s 13
am A2018‑42 amdt 3.12
Person conducting activity to comply with conditions
s 24Bins A2009‑14 s 13
Person conducting activity to keep records
s 24Cins A2009‑14 s 13
Removal of refuse from quarantine area
s 25am A2009‑14 s 14, s 26
Court proceedings about exotic disease declaration
s 26am A2006‑40 amdt 2.58
Destruction of infected animals etc—endemic disease
s 27am A2009‑14 s 15, s 26
Compensation for animal etc destroyed—endemic disease
s 28am A2011‑22 amdt 1.32; A2018‑42 amdt 3.4, amdt 3.5
Destruction of infected animals etc—exotic disease
s 29am A2009‑14 s 16, s 26
Compensation for animal etc destroyed—exotic disease
s 30am A2011‑22 amdt 1.32
Compensation for death of animal from exotic disease
s 31am A2011‑22 amdt 1.32; A2018‑32 amdt 3.1
Spreading disease
s 32am A2009‑14 s 26
Use of vaccines etc
s 33am A2009‑14 s 26
Feeding of prohibited pig feed to controlled stock
s 34sub A2014‑32 s 4
am A2018‑32 amdt 3.1
Foot-and-mouth disease outbreak
s 34Ains A2014‑32 s 4
am A2018‑32 amdt 3.1
Selling, disposing of or abandoning infected animals
s 35am A2009‑14 s 17, s 26
Interference with structures securing infected animals
s 36am A2009‑14 s 26
National livestock identification system
pt 4 hdgsub A2018‑28 s 6
General
div 4.1 hdgins A2018‑28 s 6
Definitions—pt 4
s 37sub A2018‑28 s 6
def agent identification code ins A2018‑28 s 6
def camelids ins A2018‑28 s 6
def cattle ins A2018‑28 s 6
def equine ins A2018‑28 s 6
def identifiable stock ins A2018‑28 s 6
def identifier ins A2018‑28 s 6
def large poultry ins A2018‑28 s 6
def property ins A2018‑28 s 6
def property identification code ins A2018‑28 s 6
def related NLIS law ins A2018‑28 s 6
def responsible person ins A2018‑28 s 6
def small poultry ins A2018‑28 s 6
Identification codes
div 4.2 hdgins A2018‑28 s 6
Allocating identification codes
s 38am A2018‑42 amdt 3.12
sub A2018‑28 s 6
Applying for property identification code
s 39am A2011‑22 amdt 1.32, A2013‑42 amdt 1.14
sub A2018‑28 s 6
Responsible person for property with property identification code must update details
s 40am A2011‑22 amdt 1.32, A2013‑42 amdt 1.14
sub A2018‑28 s 6
Applying for agent identification code
s 41am A2009‑14 s 26
sub A2018‑28 s 6
Stock and station agent must update details of agent identification code
s 42am A2009‑49 amdt 3.1; A2011‑22 amdt 1.32, A2013‑42 amdt 1.14
sub A2018‑28 s 6
Transfer of identification codes
s 43am A2011‑22 amdt 1.32, A2013‑42 amdt 1.14; A2018‑42 amdt 3.12
sub A2018‑28 s 6
Inactivation or cancellation of identification codes
s 44am A2011‑22 amdt 1.32, A2013‑42 amdt 1.14
sub A2018‑28 s 6
Property identification code required if certain animals kept
s 45am A2011‑22 amdt 1.32, A2013‑42 amdt 1.14
sub A2018‑28 s 6
Property identification code required if certain activities happen
s 46sub A2018‑28 s 6
Permanent identification of identifiable stock
div 4.3 hdgins A2018‑28 s 6
Identifiable stock
sdiv 4.3.1 hdg ins A2018‑28 s 6
When identifiable stock is properly identified—pt 4
s 47sub A2018‑28 s 6
Offences—identifiable stock not properly identified
s 48sub A2018‑28 s 6
Exempt movements of identifiable stock
s 49sub A2018‑28 s 6
Offence—required information if identifiable stock moved in extreme emergency
s 50am A2011‑22 amdt 1.32
sub A2018‑28 s 6
Identifiable stock
sdiv 4.3.2 hdg ins A2018‑28 s 6
Meaning of supply—sdiv 4.3.2
s 51sub A2018‑28 s 6
Offences—acquisition of permanent identifiers
s 52am A2011‑22 amdt 1.32, A2013‑42 amdt 1.14
sub A2018‑28 s 6
Directions for use of permanent identifiers in saleyard or abattoir
s 52Ains A2018‑28 s 6
Request for details on use and location of permanent identifier
s 52Bins A2018‑28 s 6
Records and provision of information to NLIS administrator
s 52Cins A2018‑28 s 6
Alteration or removal of permanent identifier
s 52Dins A2018‑28 s 6
Improper use of permanent identifiers
s 52Eins A2018‑28 s 6
Destruction of permanent identifiers removed from slaughtered stock
s 52Fins A2018‑28 s 6
Manufacture, sale, supply and use of counterfeit identifiers
s 52Gins A2018‑28 s 6
Loss or theft of unattached permanent identifier for cattle
s 52Hins A2018‑28 s 6
Information requirements—stock transactions
div 4.4 hdgins A2018‑28 s 6
Provisions applying to all identifiable stock
sdiv 4.4.1 hdg ins A2018‑28 s 6
Meaning of delivery information—sdiv 4.4.1
s 52Iins A2018‑28 s 6
Owner of identifiable stock must prepare and retain delivery information etc
s 52Jins A2018‑28 s 6
Delivery information—stock and station agents and saleyards
s 52Kins A2018‑28 s 6
Delivery information—farm properties
s 52Lins A2018‑28 s 6
Delivery information—stock events
s 52Mins A2018‑28 s 6
Reporting to the NLIS administrator
sdiv 4.4.2 hdg ins A2018‑28 s 6
Application—sdiv 4.4.2
s 52Nins A2018‑28 s 6
Meaning of transaction information—sdiv 4.4.2
s 52Oins A2018‑28 s 6
Reportable transactions—saleyards
s 52Pins A2018‑28 s 6
Reportable transactions—stock and station agents
s 52Qins A2018‑28 s 6
Reportable transactions—farm property
s 52Rins A2018‑28 s 6
Reportable transactions—stock event
s 52Sins A2018‑28 s 6
Reporting to NLIS administrator about live export
s 52Tins A2018‑28 s 6
Reporting to NLIS administrator about death of cattle
s 52Uins A2018‑28 s 6
Registers
div 4.5 hdgins A2018‑28 s 6
Purposes of registers
s 52Vins A2018‑28 s 6
Territory register
s 52Wins A2018‑28 s 6
NLIS register
s 52Xins A2018‑28 s 6
Miscellaneous
div 4.6 hdgins A2018‑28 s 6
Provision of information to NLIS administrator etc
s 52Yins A2018‑28 s 6
Inspection of slaughtered stock
s 52Zins A2018‑28 s 6
Evidentiary certificates
s 52ZAins A2018‑28 s 6
Restricted animal material—ruminants
pt 5 hdgam A2013‑42 amdt 1.15
Definitions—pt 5
s 53def non-restricted animal material statement ins A2013‑42 amdt 1.1
def non-restricted feed material statement om A2013‑42 amdt 1.2
def restricted animal material ins A2013‑42 amdt 1.3
def restricted animal material statement ins A2013‑42 amdt 1.4
def restricted feed material om A2013‑42 amdt 1.5
def restricted feed material statement om A2013‑42 amdt 1.6
Analysts for pt 5
s 54am A2008‑26 amdt 2.1; A2009‑14 s 26
Animal material statements
s 55sub A2013‑42 amdt 1.7
Offence—manufacture of ruminant food
s 56am A2013‑42 amdt 1.15
Offences—sale or supply of bulk or bagged compounded feed and meal
s 57am A2013‑42 amdt 1.15
Offence—obscuring of statements
s 58am A2013‑42 amdt 1.15
Offence—removal etc of feed tags
s 59am A2013‑42 amdt 1.15
Offences—feeding restricted animal material to ruminants
s 60 hdgam A2013‑42 amdt 1.15
s 60am A2009‑14 s 26, A2013‑42 amdt 1.15
Procedure if samples taken for pt 5
s 61am A2009‑14 s 26, A2013‑42 amdt 1.15
Beekeepers
pt 5A hdgins A2015‑53 s 4
Definitions—pt 5A
s 62Ains A2015‑53 s 4
def beekeeper ins A2015‑53 s 4
sub A2020‑22 s 4
def corresponding law ins A2015‑53 s 4
def hive records ins A2015‑53 s 4
Beekeepers to be registered
s 62Bins A2015‑53 s 4
am A2020‑22 s 5
Application for registration
s 62Cins A2015‑53 s 4
am A2021‑12 amdt 3.1
Grounds for deciding an application
s 62Dins A2015‑53 s 4
Beekeeper must update details
s 62Eins A2015‑53 s 4
Beekeeper must keep records
s 62Fins A2015‑53 s 4
Beekeeper must display registration number
s 62Gins A2015‑53 s 4
Beekeeping code of practice
s 62Hins A2015‑53 s 4
Suspension of registration
s 62Iins A2015‑53 s 4
am A2020‑22 s 5
Cancellation of registration
s 62Jins A2015‑53 s 4
am A2018‑42 amdt 3.6
Register of beekeepers
s 62Kins A2015‑53 s 4
Appointment of authorised people
s 64am A2007‑45 s 5; A2009‑14 s 18, s 26; A2011‑22 amdt 1.32
Identity cards
s 65am A2007‑45 s 6; A2011‑22 amdt 1.32
Power to enter premises
s 66am A2009‑14 s 19
General powers on entry to premises
s 69am A2009‑14 s 26; A2018‑28 s 7
Power to require name and address
s 70am A2009‑49 amdt 3.2
Additional powers for travelling stock
s 72am A2018‑42 amdt 3.7
Additional powers for honeybees
s 73am A2015‑53 s 5
Warrants—application made other than in person
s 75am A2018‑33 amdt 1.1, amdt 1.2
Return of things seized
s 82am A2011‑22 amdt 1.32
Notification and review of decisions
pt 7 hdgsub A2008‑37 amdt 1.19
Meaning of reviewable decision—pt 7
s 85am A2007‑39 amdt 3.5
sub A2008‑37 amdt 1.19
Reviewable decision notices
s 86sub A2008‑37 amdt 1.19
Applications for review
s 86Ains A2008‑37 amdt 1.19
Noncompliance with directions and cost recovery
s 87am A2009‑14 s 26
Information exchange between jurisdictions
s 87Ains A2009‑14 s 20
am A2011‑22 amdt 1.32, A2013‑42 amdt 1.14
Determination of fees
s 88am A2018‑42 amdt 3.12
Approved forms
s 89am A2018‑42 amdt 3.12
om A2021‑12 amdt 3.2
Regulation-making power
s 90am A2005‑62 amdt 1.1, amdt 1.2; A2009‑14 s 21, s 22; A2018‑28 s 8
Transitional
pt 9 hdgexp 13 October 2007 (s 94)
Definitions for pt 9
s 91exp 13 October 2007 (s 94)
Stock tag numbers
s 92exp 13 October 2007 (s 94)
Transitional regulations
s 93exp 13 October 2007 (s 94)
Expiry of pt 9
s 94exp 13 October 2007 (s 94)
Legislation repealed
s 95om LA s 89 (3)
Dictionary
dictam A2007‑45 s 7; A2008‑37 amdt 1.20; A2009‑14 s 23; A2009‑20 amdt 3.5; A2009‑49 amdt 3.3; A2011‑22 amdt 1.33; A2015‑33 amdt 1.14; A2018‑42 amdt 3.8; A2018‑32 amdt 3.1
def abattoir om A2018‑28 s 9
def agency ins A2009‑14 s 24
am A2018‑28 s 10
def agent identification code ins A2018‑28 s 11
def analyst am A2013‑42 amdt 1.15
def approved tag om A2018‑28 s 12
def bag am A2013‑42 amdt 1.15
def beekeeper ins A2015‑53 s 6
def breeder device ins A2018‑28 s 13
def bulk am A2013‑42 amdt 1.15
def camelids ins A2018‑28 s 13
def cattle ins A2018‑28 s 13
def chief veterinary officer ins A2009‑14 s 24
def compensable disease om A2018‑42 amdt 3.9
def compounded feed am A2013‑42 amdt 1.15
def corresponding law ins A2015‑53 s 6
def delivery information ins A2018‑28 s 13
def director om A2009‑14 s 25
def equine ins A2018‑28 s 13
def farm property ins A2018‑28 s 13
def feed tag am A2013‑42 amdt 1.15
def hive records ins A2015‑53 s 6
def holding om A2018‑28 s 14
def identifiable stock ins A2018‑28 s 15
def identifier ins A2018‑28 s 15
def large poultry ins A2018‑28 s 15
def meal am A2013‑42 amdt 1.15
def NLIS ins A2018‑28 s 15
def NLIS administrator ins A2018‑28 s 15
def NLIS device ins A2018‑28 s 15
def NLIS movement document ins A2018‑28 s 15
def non-restricted animal material statement ins A2013‑42 amdt 1.8
def non-restricted feed material statement om A2013‑42 amdt 1.9
def permanent identifier ins A2018‑28 s 15
def permanent identifier for pigs ins A2018‑28 s 15
def post breeder device ins A2018‑28 s 15
def previous property ins A2018‑28 s 15
def properly identified ins A2018‑28 s 15
def property ins A2018‑28 s 15
def property identification code ins A2018‑28 s 15
def register om A2018‑28 s 16
def related NLIS law ins A2018‑28 s 17
def relevant identification particulars ins A2018‑28 s 17
def required media am A2009‑20 amdt 3.6; A2015‑33 amdt 1.15
om A2018‑42 amdt 3.10
def responsible person ins A2018‑28 s 17
def restricted animal material ins A2013‑42 amdt 1.10
def restricted animal material statement ins A2013‑42 amdt 1.11
def restricted feed material om A2013‑42 amdt 1.12
def restricted feed material statement om A2013‑42 amdt 1.13
def reviewable decision ins A2008‑37 amdt 1.21
def saleyard ins A2018‑28 s 17
def small poultry ins A2018‑28 s 17
def stock om A2018‑28 s 18
def stock and station agent ins A2018‑28 s 19
def stock event ins A2018‑28 s 19
def supply ins A2018‑28 s 19
def tag sub A2005‑62 amdt 1.3
om A2018‑28 s 20
def tagable stock om A2018‑28 s 20
def tag number om A2018‑28 s 20
def transaction information ins A2018‑28 s 21
def travelling stock om A2018‑42 amdt 3.11
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
13 Oct 200513 Oct 2005‑
10 Jan 2006not amended new Act R2
11 Jan 200611 Jan 2006–
28 Sept 2006A2005‑62 amendments by A2005‑62 R3
29 Sept 200629 Sept 2006–
13 Oct 2007A2006‑40 amendments by A2006‑40 R4
14 Oct 200714 Oct 2007–
13 Dec 2007A2006‑40 commenced expiry R5
14 Dec 200714 Dec 2007–
26 Dec 2007A2007‑45 amendments by A2007‑45 R6
27 Dec 200727 Dec 2007–
25 Aug 2008A2007‑45 amendments by A2007‑39 R7
26 Aug 200826 Aug 2008–
1 Feb 2009A2008‑28 amendments by
A2008‑28R8
2 Feb 20092 Feb 2009–
13 Feb 2009A2008‑37 amendments by A2008‑37 R9
14 Feb 200914 Feb 2009–
5 July 2009A2008‑37 amendments by A2008‑26 R10
6 July 20096 July 2009–
21 Sept 2009A2009‑14 amendments by A2009‑14 R11*
22 Sept 200922 Sept 2009–
16 Dec 2009A2009‑20 amendments by A2009‑20 R12
17 Dec 200917 Dec 2009–
30 June 2011A2009‑49 amendments by A2009‑49 R13
1 July 20111 July 2011–
6 Nov 2013A2011‑22 amendments by A2011‑22 R14
7 Nov 20137 Nov 2013–
20 Aug 2014A2013-42 amendments by A2013-42 R15
21 Aug 201421 Aug 2014–
13 Oct 2015A2014-32 amendments by A2014-32 R16
14 Oct 201514 Oct 2015–
23 May 2016A2015-33 amendments by A2015-33 R17
24 May 201624 May 2016–
22 Oct 2018A2015‑53 amendments by A2015‑53 R18
23 Oct 201823 Oct 2018–
21 Nov 2018A2018-33 amendments by A2018-33 R19
22 Nov 201822 Nov 2018–
20 Dec 2018A2018‑42 amendments by A2018‑42 R20
21 Dec 201821 Dec 2018–
16 Jan 2019A2018‑42 amendments by A2018‑32 R21
17 Jan 201917 Jan 2019–
10 June 2020A2018‑42 amendments by A2018‑28 R22
11 June 202011 June 2020–
22 June 2021A2020-22 amendments by A2020-22 R23
23 June 202123 June 2021–
14 May 2025A2021‑12 amendments by A2021‑12
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