Brands Regulations (NT)
NORTHERN TERRITORY OF AUSTRALIA
BRANDS REGULATIONS
As in force at 20 December 2006
NORTHERN TERRITORY OF AUSTRALIA
As in force at 20 December 2006
BRANDS REGULATIONS
Regulations under the Brands Act
These Regulations may be cited as the
(1) For the purposes of these Regulations, unless the contrary intention appears, cattle includes buffalo.
(2) For the purposes of these Regulations (other than regulations 5 and 6), unless the contrary intention appears, a reference in these Regulations to a 3 letter brand includes a brand for use on cattle or horses deemed under section 7 of the Act to be registered under the Act.
In these Regulations, a reference to a form by letter is a reference to the Form so lettered in Schedule 1.
(1) Any person desirous of registering a 3 letter brand may forward to the Registrar an application in accordance with Form A for the registration of the brand.
(2) Upon receipt of the application, the Registrar may allot a 3 letter brand to the applicant and register it.
(3) Upon registration of the brand, the Registrar shall forward to the person to whom he has allotted the brand, a certificate in accordance with Form B, and that person shall be the owner of the brand.
(4) The Registrar shall not allot more than one 3 letter brand to a person for use on any one run.
(1) The letters of a 3 letter brand shall each be not less than 4 centimetres high and 4 centimetres wide nor more than 8 centimetres high and 8 centimetres wide.
(1A) Notwithstanding subregulation (1), the letters of a 3-letter brand to be used to horn-brand buffalo may be of any practical size.
(2) The 3 letters of a 3 letter brand may be set upon one handle or may be set 2 on one handle and one upon another handle or each one of the 3 letters may be set upon a separate handle.
(3) The owner of a 3 letter brand shall, as soon as practicable after receipt by him of the certificate of registration of the brand, forward to the Registrar an impression of the brand made on linen, canvas, cardboard, leather or other material acceptable to the Registrar.
Subject to these Regulations, every brand first used on horses or cattle shall be:
(a) a 3 letter brand; or
(b) a distinctive brand.
(1) The owner of a 3 letter brand may forward to the Registrar an application in accordance with:
(a) Form C for the registration of an earmark; and
(b) Form CA for the registration of a distinctive brand.
(2) Upon receipt of an application made under this regulation, the Registrar may allot to the applicant an earmark and one or more distinctive brands.
(3) When the Registrar allots an earmark or a distinctive brand under this regulation, the Registrar shall:
(a) register the earmark or distinctive brand;
(b) register the applicant as the owner of the earmark or distinctive brand; and
(c) forward to the person to whom the earmark or distinctive brand is allotted a certificate in accordance with Form D in respect of an earmark and Form DA in respect of a distinctive brand.
(4) The Registrar shall not allot more than 3 distinctive brands to an owner of a 3 letter brand for use on any one run.
(5) The Registrar may, from time to time, approve a code to be used to illustrate and describe an earmark in an application to register an earmark.
(1) The owner of a 3 letter brand may forward to the Registrar an application in accordance with Form E for the registration of a distinctive numeral brand.
(2) Upon receipt of the application, the Registrar may allot a distinctive numeral brand to the applicant and register it.
(3) Upon registration of a distinctive numeral brand the Registrar shall forward to the person to whom the brand has been allotted a certificate in accordance with Form F.
(1) For the purposes of section 16(1) of the Act, the Registrar shall keep:
(a) a Register of 3 letter brands, earmarks, distinctive brands and numeral brands; and
(b) a Register of sheep and swine brands and earmarks.
(2) For the purposes of section 17 of the Act, the prescribed particulars are:
(a) a description of the brand;
(b) the name and address of the owner of the brand;
(c) a reference number to the Registrar’s file relating to the brand; and
(d) the date of registration of the brand.
12 Positions for brands (1) Brands on cattle and horses shall be made or impressed as follows:
(a) the first 3 letter or distinctive brand made or impressed on cattle shall be made or impressed in one of the positions specified in Schedule 3;
(b) a subsequent 3 letter or distinctive brand made or impressed in any position specified in Schedule 3;
(e) the first brand made or impressed on a horse shall be made or impressed in one of the positions specified in Schedule 2;
(f) a 3 letter brand or distinctive brand made or impressed on a horse shall be made or impressed by a subsequent owner of the horse in any position specified in Schedule 2;
(g) the owner of a 3 letter brand may brand his cattle and horses with one numeral brand to denote the year of their birth.
(3) Owners shall notify the Registrar of the position in which they have decided to place the first 3 letter brand or distinctive brand and shall not vary the position of the brand without the permission of the Registrar.
(4) Brands on cattle and horses shall be made or impressed in a manner which, so far as is practicable, is clear, legible and permanent.
(1) Every registered earmark shall be made upon the ears of cattle in the manner, shape and position specified in the certificate of registration of the earmark.
(2) Except with the written permission of the Registrar, a registered earmark shall not be made upon any cattle upon which an earmark has already been made.
(3) Cattle shall not be marked with an earmark more than 8 centimetres in length.
(1) No person shall make, or permit to be made, a registered earmark upon any cattle which has not previously been branded with a registered 3 letter brand or with a distinctive brand.
(2) An offence of contravening or failing to comply with subregulation (1) is a regulatory offence.
(1) An owner of cattle shall, immediately after the animal is spayed, punch a hole centrally in either ear of that animal.
(2) A hole punched under this regulation shall be circular and not less than 1.5 centimetres and not more than 4 centimetres in diameter and shall not be inserted so as to destroy or alter an existing earmark.
(1) The owner of any sheep or swine may forward to the Registrar an application in accordance with Form G for the registration of a brand for sheep and swine.
(2) Upon receipt of the application, the Registrar may allot to the applicant a brand for sheep and swine and register it.
(3) Upon the registration of the brand, the Registrar shall forward to the person to whom he has allotted the brand a certificate in accordance with Form H, and that person shall be the owner of the brand.
(1) A brand for sheep or swine shall not be registered under the Act unless it consists of one or more letters, conjoined or separated.
(2) A brand for sheep or swine shall be made or impressed with red or black paint, raddle or dye, or by tattooing, in such position as is determined and specified by the Registrar in the certificate of registration of the brand.
(1) A person shall not earmark sheep or swine with an earmark more than 4 centimetres in length.
(2) The position for and the shape of an earmark to be made upon the ears of sheep and swine is that specified in the certificate of registration of the earmark.
(1) The owner of any sheep or swine may forward to the Registrar an application in accordance with Form J for the registration of an earmark for sheep or swine.
(2) Upon receipt of the application, the Registrar may allot an earmark for sheep or swine to the applicant and register it.
(3) Upon the registration of the earmark, the Registrar shall forward to the person to whom he has allotted the earmark a certificate in accordance with Form K, and that person shall be the owner of the earmark.
An earmark for sheep or swine shall not be placed on any sheep or swine which already bears an earmark.
The owner of an earmark for sheep or swine may earmark one ear of the sheep or swine for one sex and the other ear for the other sex, the ear and sex to be specified in the application for the registration of the earmark.
(1) The owner of a brand may transfer it to another person by lodging with the Registrar an application for transfer in accordance with Form L.
(2) Upon receipt of the application for transfer, the Registrar shall cancel the registration in the name of the transferor and register the brand in the name of the transferee.
(3) Upon registration of the brand in the name of the transferee, the Registrar shall forward to the transferee a certificate in accordance with Form M, and that person shall be thereafter the owner of the brand.
The transfer of a brand shall operate as a transfer of all other brands and earmarks owned by the transferor in respect of the run in connection with which the transferred brand was used.
(1) The owner of a brand may obtain cancellation of the registration of that brand by forwarding to the Registrar an application in accordance with Form N.
(2) Upon receipt of the application, the Registrar shall cancel the registration of the brand.
Notification by the Registrar of his decision to cancel the registration of a brand shall be in accordance with Form O.
The Registrar may, upon the expiration of 5 years from the cancellation of any brand, re-allot such brand to any person.
When the Registrar cancels a brand pursuant to section 22A of the Act, he shall serve notice by post on the owner of the brand in accordance with Form P.
Except where brands are cancelled in pursuance of section 22A of the Act, the cancellation of a brand shall operate as a cancellation of any earmark, distinctive brand, or distinctive numeral brand registered for use in connection with the cancelled brand.
The Brands Directory required to be prepared and published in accordance with section 28 of the Act shall contain the following particulars and shall be set out in the following form:
Brand | No of certificate | Proprietor | Earmark registered described by Code | Distinguishing Brand | Distinguishing Numerals |
(1) A fee, as set out below, must be paid to the Registrar on an application to register a brand:
Type of brand | Fee (revenue units) |
a 3 letter brand | 100 |
a distinctive brand | 100 |
an earmark for cattle | 75 |
a distinctive numeral brand – for every 100 consecutive numerals in the application | 50 |
a transfer of a 3 letter brand | 50 |
a brand for sheep and swine | 100 |
an earmark for sheep and swine | 75 |
(2) The fees set out in subregulation (1) shall be paid in advance and the Registrar may refuse to receive or issue any document or to do any act in respect of which a fee is payable until the fee is paid.
(1) A brand deemed under section 7 of the Act to be registered under the Act shall be not less than 4 cm high and 4 cm wide and not more than 12 cm high and 30 cm wide.
(2) A larger registered brand may, at any time without further application or fee, be reduced to the minimum prescribed size.
Any person who fails to comply with, or is guilty of any breach of these Regulations shall be liable to a penalty not exceeding $2,000.
An offence against these Regulations is a regulatory offence.
(1) An offence against a provision of the Act or these Regulations specified in Column 1 of Schedule 4 is an infringement offence for the purposes of section 58B(1) of the Act.
(2) The penalty specified in Column 2 of Schedule 4 is the prescribed penalty payable under section 58B(2) of the Act for an alleged offence against the provision specified opposite in Column 1.
FORM A
regulation 5(1)
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR 3 LETTER BRAND
To the Registrar of Brands, Northern Territory.
I enclose the prescribed fee of 100 revenue units and request that you allot and register a 3 letter Brand for my use as mentioned hereunder:
Name of Applicant in full | Brand Required | Run on which Brand will be used | Postal Address of Applicant |
Branding position. ............................ ............................ | |||
Date Applicant.
FORM B
regulation 5(3)
NORTHERN TERRITORY OF AUSTRALIA
CERTIFICATE OF REGISTRATION OF 3 LETTER BRAND
This is to certify that the 3 letter Brand mentioned in the margin hereof was this day registered as the brand of
for use on Run or Holding.
Dated
Registrar of Brands
No. of Certificate
FORM C
regulation 9
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR EARMARK FOR CATTLE
To the Registrar of Brands
Northern Territory
I, ,
the owner of the registered 3 letter brand mentioned hereunder, enclose the prescribed fee of 75 revenue units and request that you allot and register an earmark for my use in respect of the run mentioned hereunder:
3 letter brand already registered | *Earmark required | Run for which 3 letter brand is registered |
Postal address of applicant: |
Date: ___________________
Signature of applicant
* Earmark desired should be illustrated and described by approved code.
FORM CA
regulation 9
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR DISTINCTIVE BRAND FOR HORSES AND CATTLE
To the Registrar of Brands
Northern Territory
I, ,
the owner of the registered 3 letter brand mentioned hereunder, enclose the prescribed fee of 100 revenue units and request that you allot and register a distinctive brand for my use in respect of the run mentioned hereunder:
3 letter brand already registered | *Distinctive brand required | Run on which distinctive brand will be used | Position for distinctive brand |
Postal address of applicant: |
Date:
Signature of applicant
* The letters or symbols desired for the distinctive brand should be shown.
FORM D
regulation 9(3)
NORTHERN TERRITORY OF AUSTRALIA
CERTIFICATE OF REGISTRATION OF EARMARK
BRANDING POSITION | This is to certify that the earmark described by diagram and code in the margin hereof was this day registered as the earmark of: | |
For use on | run or holding | |
Dated
Registrar of Brands
FORM DA
regulation 9(3)
NORTHERN TERRITORY OF AUSTRALIA
CERTIFICATE OF REGISTRATION OF DISTINCTIVE BRAND FOR HORSES AND CATTLE
BRANDING POSITION | This is to certify that the distinctive brand described by diagram in the margin hereof was this day registered as the distinctive brand of: | |
For use on | run or holding | |
Dated
Registrar of Brands
FORM E
regulation 10(1)
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR DISTINCTIVE NUMERALS
To the Registrar of Brands, Northern Territory.
I enclose the prescribed* fee and request that you allot and register for my use the Distinctive Numerals mentioned hereunder:-
3 letter Brand
Distinctive Numerals required
Name and address of Applicant
Applicant.
Date.
* The fee for every 100 consecutive numerals is 50 revenue units.
FORM F
regulation 10(3)
NORTHERN TERRITORY OF AUSTRALIA
CERTIFICATE OF REGISTRATION OF DISTINCTIVE NUMERALS FOR HORSES AND CATTLE
This is to certify that the Distinctive Numerals mentioned below were this day duly registered for use in conjunction with the Registered Brand
in respect of Run or Holding.
Distinctive Numerals
Dated
Registrar of Brands.
FORM G
regulation 15(1)
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR A BRAND FOR SHEEP, GOATS OR SWINE
To the Registrar of Brands, Northern Territory.
I enclose herewith the prescribed fee of 100 revenue units and request that you allot and register a Brand for my use on the Run mentioned in the particulars hereunder:
Name of Applicant (in full) | Brand Required | Intended Position of Brand | To be impressed with - | Run on which Brand will be used |
Postal Address
Date Applicant.
FORM H
regulation 15(3)
NORTHERN TERRITORY OF AUSTRALIA
CERTIFICATE OF REGISTRATION OF BRAND FOR SHEEP AND SWINE
This is to certify that the Sheep and Swine Brand mentioned in the margin hereof was this day registered as the brand of
for use on Run or Holding.
The brand shall be impressed with
The position of the brand shall be
Dated
Registrar of Brands.
FORM J
regulation 18(1)
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR EARMARK FOR SHEEP, SWINE AND GOATS
To the Registrar of Brands, Northern Territory.
I, , the owner of*
enclose the prescribed fee of 75 revenue units and request that you allot and register for my use an Earmark for Sheep, Swine or Goats on the run mentioned below.
Earmark | Sex | Ear | Applicant | |
Run on which) Earmark is to ) be used ) | ||||
Postal Address) of Applicant ) | ||||
Date Applicant.
* State whether Sheep, Swine or Goats.
FORM K
regulation 18(3)
NORTHERN TERRITORY OF AUSTRALIA
CERTIFICATE FOR REGISTRATION OF EARMARK FOR SHEEP OR SWINE
This is to certify that the Earmark described at the foot hereof was this day registered as the Earmark of for use on Run or Holding.
Dated
Registrar of Brands.
Off Ear. | Near Ear. |
Code |
FORM L
regulation 21(1)
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR TRANSFER OF BRAND
To the Registrar of Brands, Northern Territory.
We, the undersigned, being the registered owner and intended transferee, respectively, of the Brands and Earmark mentioned hereunder, do hereby request that you will transfer the said Brands and Earmark to
The prescribed fee of 50 revenue units is enclosed.
PARTICULARS OF BRANDS AND EARMARKS
Run where Brand will be used
Postal Address of Transferee
3 letter Brand | Distinctive Numerals | Distinctive Brand |
Earmark | Ear* | |
Coded |
Dated
Transferor.
Transferee.
Witness.
* State whether "near" or "off" ear.
FORM M
regulation 21(3)
NORTHERN TERRITORY OF AUSTRALIA
CERTIFICATE OF TRANSFER OF BRAND
This is to certify that the Brands and Earmark mentioned hereunder were this day transferred from
of to of
for use on Run or Holding.
Description of Brands
3 letter Brand
Distinctive Brand
Earmark
Coded as
Dated
Registrar of Brands.
FORM N
regulation 23(1)
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION FOR CANCELLATION OF BRAND
To the Registrar of Brands, Northern Territory.
I hereby authorize you to cancel the Brands set out hereunder:
PARTICULARS OF BRANDS
3 letter Brand | Distinctive Brand | Date when Brands were last used | Run where Brands were used |
Earmark ....................... | |||
Distinctive Numerals ............ |
Postal Address of Owner
Dated
Owner or Executor or other Legal Personal Representative.
FORM O
regulation 25
NORTHERN TERRITORY OF AUSTRALIA
To
You are hereby notified that it is my intention, at the expiration of a period of 6 months from this date, to cancel the brand
together with earmark distinctive brand
and distinctive numerals
registered in your name, on the grounds that
You may lodge an appeal with the Local Court against such cancellation not later than 28 days after and including from the date of this notice, and a copy of such appeal is also required to be lodged with me within the same period.
Dated
Registrar of Brands.
FORM P
regulation 28
NORTHERN TERRITORY OF AUSTRALIA
To
You are hereby notified that by reason of the similarity of your 3 letter Brand Earmark Coded to 3 letter Brand Earmark Coded I have this day cancelled your Brand and Earmark and have allotted you the following in their stead:
Brand Earmark Coded
Dated
Registrar of Brands.
regulation 12(1)
Embracing near neck |
Embracing near shoulder |
Embracing near quarter |
Embracing off neck |
Embracing off shoulder |
Embracing off quarter |
regulation 12(1)
Embracing off neck |
Embracing off shoulder |
Embracing off ribs |
Embracing off rump, hip or thigh |
Embracing near neck |
Embracing near shoulder |
Embracing near ribs |
Embracing near rump, hip or thigh |
regulation 39
Column 1 Infringement offence | Column 2 Prescribed penalty |
Section 42A(2) of the Brands Act | 500 |
Section 44A of the Brands Act | 200 |
Regulation 13A of the Brands Regulations | 200 |
Regulation 14 of the Brands Regulations | 400 |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 8 February 1929 |
Commenced | 1 April 1929 (a) |
Notified | 18 December 1931 |
Commenced | 18 December 1931 |
Notified | 3 February 1933 |
Commenced | 3 February 1933 |
Notified | 21 March 1940 |
Commenced | 21 March 1940 |
Notified | 2 June 1948 |
Commenced | 2 June 1948 |
Notified | 29 July 1953 |
Commenced | 29 July 1953 |
Notified | 1 February 1956 |
Commenced | 1 February 1956 |
Notified | 22 May 1963 |
Commenced | 22 May 1963 |
Notified | 25 March 1970 |
Commenced | 25 March 1970 |
Assent date | 11 December 1973 |
Commenced | 11 December 1973 (s 12(2)) |
Notified | 6 October 1978 |
Commenced | 6 October 1978 |
Notified | 17 August 1979 |
Commenced | 17 August 1979 |
Notified | 27 June 1980 |
Commenced | 27 June 1980 |
Assent date | 28 November 1983 |
Commenced | 1 January 1984 (s 2 s 2 |
Notified | 1 March 1991 |
Commenced | 1 March 1991 |
Notified | 11 March 1992 |
Commenced | 11 March 1992 |
Notified | 12 August 1992 |
Commenced | 12 August 1992 |
Notified | 9 April 1997 |
Commenced | 9 April 1997 |
Notified | 8 August 2001 |
Commenced | 8 August 2001 |
Notified | 8 August 2001 |
Commenced | 8 August 2001 |
3 GENERAL COMMENCEMENT AND AMENDMENTS (a) The Brands Regulations made on 1 February 1929 were published in the
Gazette of North Australia on 8 February 1929, and were expressed to come into operation on 1 April 1929.(b) General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by section 11 of the
Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Regulations 3, 4, 6, 7, 9, 9A, 10, 11, 12, 13, 13A, 14, 14B, 14D, 16, 26, 32, 35, 36, 37 and First Schedule.4 TRANSITIONAL PROVISION
Amendments of
5 LIST OF AMENDMENTS
r 2 amd No. 10, 1970
sub No. 4, 1991
r 3 amd No. 3, 1940
sub No. 4, 1956
r 4 sub No. 4, 1956
amd No. 4, 1991
r 5 amd No. 4, 1956; No. 4, 1991
r 6 amd No. 4, 1956; No. 10, 1970; No. 16, 1979; No. 4, 1991; No. 38, 1992
r 7 amd No. 4, 1956; No. 10, 1970
sub No. 4, 1991
rep No. 8, 1992
r 8 rep No. 4, 1956
ins No. 4, 1991
amd No. 8, 1992
r 9 sub No. 4, 1948; No. 4, 1956
amd No. 10, 1970; No. 16, 1979; No. 4, 1991; No. 8, 1992; No. 38, 1992; No. 38, 2001, r 1
r 9A ins No. 4, 1956
amd No. 10, 1970
rep No. 4, 1991
r 10 sub No. 4, 1948
amd No. 4, 1956; No. 10, 1970; No. 4, 1991
r 11 sub No. 4, 1956
amd No. 10, 1970
sub No. 4, 1991
r 12 amd SL of 12.12.1931; No. 3, 1940; No. 4, 1956; No. 10, 1970; No. 4, 1991; No. 8, 1992; No. 38, 1992; No. 38, 2001, r 2
r 13 amd SL of 12.12.1931; No. 4, 1956; No. 10, 1970; No. 16, 1979
r 13A amd SL of 31.1.1933; No. 10, 1970; Act No. 68, 1983, s 67; No. 4, 1991; No. 8, 1992
r 13B ins No. 16, 1979
rep No. 4, 1991
r 14 amd No. 10, 1970; No. 4, 1991
sub No. 16, 1979
pt IIA hdg ins No. 10, 1970
rep No. 4, 1991
r 14A ins No. 10, 1970
rep No. 4, 1991
r 14B ins No. 10, 1970
amd No. 16, 1979
rep No. 4, 1991
r 14C ins No. 10, 1970
rep No. 4, 1991
r 14D ins No. 10, 1970
amd No. 16, 1979
rep No. 4, 1991
r 14E ins No. 10, 1970
rep No. 4, 1991
r 15 amd No. 4, 1956
r 16 amd No. 16, 1979
sub No. 4, 1991
r 17 amd No. 4, 1956; No. 16, 1979
r 20 sub No. 4, 1991
r 24 rep No. 4, 1956
r 25 sub No. 4, 1956
r 27 rep No. 4, 1956
r 28 sub No. 4, 1956
amd No. 4, 1991
r 29 amd No. 4, 1956; No. 4, 1991
rr 30 – 31 rep No. 4, 1956
r 32 sub No. 4, 1956
rep No. 23, 1980
r 33 rep No. 4, 1956
r 34 rep No. 10, 1970
r 35 amd No. 4, 1991
r 36 amd No. 10, 1970; No. 4, 1991; No. 49, 2006, r 4
r 36A ins No. 4, 1991
amd No. 8, 1992; No. 38, 1992
r 37 amd No. 10, 1970
r 38 ins No. 4, 1991
r 39 ins No. 13, 1997, r 1
sch 1 amd No. 10, 1970; No. 25, 1978; No. 23, 1980; No. 4, 1991; No. 49, 2006, r 5
sch 2 amd No. 4, 1956; No. 4, 1991
sub No. 38, 2001, r 3
sch 3 amd No. 4, 1956; No. 4, 1991
sub No. 8, 1992; No. 38, 2001, r 3
Fourth sch amd No. 4, 1956; No. 10, 1970
rep No. 4, 1991
sch 4 ins No. 13, 1997, r 2
Fifth sch ins No. 10, 1970
rep No. 4, 1991
0
0
0