Livestock Disease Control Act 1994 (Vic)
Version No. 085
Livestock Disease Control Act 1994
No. 115 of 1994
Version incorporating amendments as at
1 October 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4Objectives
5Binding of Crown
6Governor in Council may make Orders
Part 2—Provisions applying to diseases generally
Division 1—Responsibilities of owners and others
7Notification of diseases
7AMinister may declare unusual circumstances of disease or death in livestock
7BNotification of unusual circumstances of disease or death in livestock
8Separation of livestock
8ARequirements for vendor declarations when livestock moved
9Identification of livestock
9APermanent identification of livestock
9ABPossession of cattle or livestock if permanent identification has been removed or replaced
9BProperty identification codes
9BACancellation of property identification code
9BBReview of cancellation of property identification code
9BCOffence to use property identification code no longer in force
9CRequirements for manufacturers of tags and devices
10Entry of livestock etc.
11Quarantine areas
12Offences
Division 2—Controls over livestock
13Separation or isolation of livestock
14Destruction or disposal of livestock
15Destruction or disposal of diseased livestock
16Testing for diseases
16ASecretary may make determinations relating to testing for diseases
Division 3—Agreements and contracts
17Agreements with owners of livestock
18Contracts with veterinary practitioners
Part 3—Exotic diseases
Division 1—Preliminary
19Application of this Part to land
20Application of this Part to livestock
Division 2—Declared areas
21Declaration of infected place
22Declaration of infected vehicle
23Notice of order declaring area or vehicle infected
24Permit for entry or exit
25Entry and exit points
26Declaration of restricted area
27Permits for activity in restricted area
28Entry to and exit from restricted areas
29Control area
30Permit for activity in a control area
31Further powers under Orders declaring restricted or control areas
Division 3—Importation orders
32Border security
33Contravention of importation order
34Publication of importation order
35Duration of importation order
Division 4—Destruction orders
36Destruction of buildings and vehicles
37Notice of destruction order
38Enforcement of destruction order
Division 5—Exotic disease agents
39Possession or administration of exotic disease agents
Division 6—General
40Other powers and liabilities not affected
Part 4—Provisions for particular livestock
Division 1—Pigs
41Prohibitions relating to the feeding of pigs
41ASecretary may issue permit
41BMinister may declare that offences apply to certain materials specified in section 41(2) and (3)
Division 2—Sewage farm cattle and pigs
42Definitions and application
43No cattle or pigs on sewage land
44Water corporation may graze cattle
44ANotification in relation to exposed cattle or pigs
44BOffence to sell exposed cattle or pigs
Division 3—Dairying animals
45Prohibition of use of cow, goat, sheep or buffalo for dairying
Division 5—Bees
48Registration of beekeepers
49Biennial fees
50Hives to be marked with registered brand
51Disposal and acquisition of hives
52Exposure of bees to infected articles etc.
53Access of bees to honey etc.
Division 6—Artificially bred livestock
54Application of Division
55Sale of semen prohibited except from approved sires
56Sale of diseased semen prohibited
57Premises for collection of semen to be licensed
58Training courses about artificial breeding
Part 5—Compensation
Division 1—Exotic diseases compensation
59Exotic Diseases Fund
60Payment out of Fund
61Compensatable exotic diseases
62Payment of compensation
63Amount of compensation
64Reduction in compensation payable under section 63
64APayment of further compensation for restocking of livestock
65Review by Victorian Civil and Administrative Tribunal
65AMinister may decide that compensation be repaid
65BMinister must serve a notice on the owner about compensation to be repaid
65COwner may respond to Minister after receiving a notice to repay compensation under section 65B
65DMinister must consider an owner's response to a notice
65EMinister may write off liability of owner to repay compensation
Division 2—Bees compensation
66Honey Bee Compensation and Industry Development Fund
67Payments out of the Fund
68Compensatable disease
69Compensation
70Apicultural Industry Advisory Committee
Division 3—Cattle compensation
71Cattle Compensation Fund
72Payments out of the Fund
73Compensatable diseases
74Amount of compensation
75Payment of compensation
76No compensation payable
77Compensation payable out of Fund
78Sale of carcases etc.
79Cattle Compensation Advisory Committee
Division 3A—Sheep and goat compensation
79ASheep and Goat Compensation Fund
79BPayments out of the Fund
79CCompensation payable for declared diseases
79DAmount of compensation
79EPayment of compensation
79FNo compensation payable
79GCompensation payable out of Fund
79HSale of carcases etc.
79ISheep and Goat Compensation Advisory Committee
Division 4—Swine compensation
80Swine Compensation Fund
81Payments out of the Fund
82Compensatable diseases
83Payment of compensation
84No compensation payable
85Amount of compensation
86Sale of carcases etc.
87Swine Industry Projects Advisory Committee
Division 5—General
88Claims for compensation
89No compensation for loss of profit etc.
90Valuation of livestock
91False claims
Part 6—Duty and records
92Payment of duty by owner of cattle, sheep, goats or pigs
94ARecords of sales and purchases
94BNotification about livestock slaughter or disposal
95Payment of duty by approved agents in respect to cattle
95APayment of duty by approved agents in respect to sheep and goats
95BPayment of duty by approved agents in respect to pigs
96Offences
96ASuspension of requirement to pay duty
96BEvidence of ownership of livestock
Part 7—Administration
Division 1—Administration of licences, registrations etc.
97Applications
98Grant or refusal
99Term of licence or registration
100Cancellation or suspension
101Reviews by Victorian Civil and Administrative Tribunal
Division 2—General
102Delegations by Minister
103Delegations by Secretary
104Fees
105Protection of control programs
106Protection of persons assisting inspector
107Non-compliance under order
107AInformation collection
107BRecord-keeping by the Secretary
107BAAvailability of records and information kept under section 107B—purposes other than emergency preparation or response
107BBAvailability of records and information kept under section 107B—disease prevention and emergency planning
107BCConditions and fees
107BDAvailability of emergency-related records and information
107CSecrecy
107DDisclosure of information to Commissioner of State Revenue in relation to the administration of duty
107ESecretary may request information relating to land from Councils
Part 8—Enforcement
Division 1—Inspectors
108Inspectors
108APolice officers acting in capacity as inspectors
Division 2—General powers of inspector
109General powers of inspectors
109APowers of entry with warrant
110Quarantine notice
111Duration of notice
112Offence
113Disinfection notice
114Offence
115Treatment notice
115AIdentification notice
115ABRemoval notice in relation to feeding of pigs
Division 3—Additional powers of inspectors for exotic diseases
115BInspectors powers in this Division are in addition to general powers
116Search and entry and other powers
117Notice requesting assistance
118Power to obtain information
119Power of seizure and impoundment
120Seized livestock and property
Division 4—Additional powers with respect to bees
122Inspector may order hives to be cleaned
123Construction of hives
124Direction to attend at hives
125Abandoned hives
Division 5—Infringement notices
126Power to serve a notice
129Penalties to be paid for offences under infringement notices
Division 6—Provisions related to court proceedings
132Power to file charge-sheets under this Act
132ATime for charging certain offences under this Act
133Service of documents
134Persons liable for offences
Division 7—General
135Suspicion of infection
136Evidence of certain matters
137Offences relating to enforcement
137AOffence to make false or misleading statements
138Supreme Court—limitation of jurisdiction
138ASupreme Court—limitation of jurisdiction
Part 9—Regulations
139Regulations
Part 10—Repeals, amendments and transitional provisions
143Transitional provisions
144Saving of records of cattle sales kept under Auction Sales Act 1958
145Transitional provision—Primary Industries Legislation Amendment Act 2009
146Transitional provision—Primary Industries Legislation Amendment Act 2009
147Transitional provision—Primary Industries Legislation Amendment Act 2010
148Transitional provisions—Primary Industries Legislation Amendment Act 2010
149Transitional provision—Primary Industries Legislation Amendment Act 2014
150Transitional provisions—Agriculture Legislation Amendment Act 2022
151Transitional provisions—Biosecurity Legislation Amendment (Incident Response) Act 2024
Schedules
Schedule 1—Membership and procedure of committees
Schedule 3—Transitional provisions
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 085
Livestock Disease Control Act 1994
No. 115 of 1994
Version incorporating amendments as at
1 October 2024
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are to provide for the prevention, monitoring and control of livestock diseases and to provide compensation for losses caused by certain livestock diseases.
2Commencement
(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2), other than section 92(2), does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
3Definitions
(1)In this Act—
appropriate Minister means the Minister administering section 19 of the Financial Management Act 1994;
approved agent means a livestock agent registered as an approved agent under section 248A of the Duties Act 2000;
cattle means any bull, cow, ox, steer, heifer, calf, bison or buffalo;
Department means Department of Energy, Environment and Climate Action;
disease means—
(a)any contagious or infectious disease, or any condition to which any livestock is subject, that the Governor in Council declares from time to time to be a disease; or
(b)an exotic disease;
domestic livestock means any livestock in a domesticated state or under the control of humans, regardless of whether livestock of its species are categorised at common law as being of a tame or domestic nature;
emergency has the same meaning as in section 3 of the Emergency Management Act 2013;
exotic disease means—
(a)foot and mouth disease or rabies; or
(b)any other contagious or infectious disease, or any condition to which any livestock is subject, that the Governor in Council declares to be an exotic disease;
fittings means—
(a)any facilities or materials used for housing, restraining or confining livestock; or
(b)any hives, utensils, apparatus or implements for use in beekeeping or in handling, housing or storing honeycomb or beeswax; or
(c)halters, brushes, clothes, buckets or other articles which have been brought into contact with any livestock; or
(d)equipment or other articles—
(i)which are normally used in connection with livestock and which have been brought into contact with any livestock product; or
(ii)which are used in the processing or manufacture of livestock products and which have been brought into contact with any livestock product;
fodder means any food, drinking water or bedding used by or which has been brought into contact with any livestock;
goat means buck, doe, kid or wether;
GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under Part 3 of the National Taxation Reform (Consequential Provisions) Act 2000 by a person that is a State entity within the meaning of that Act;
hive means any receptacle, or any component of a receptacle, which houses bees or which has housed bees;
inspector means—
(a)an inspector appointed under section 108; and
(b)a police officer;
livestock means any non-human animal, and any fish or bird, whether wild or domesticated, egg intended for hatching or bee;
livestock agent means a person carrying on—
(a)a business as—
(i)a stock and station agent; or
(ii)an abattoir operator; or
(iii)a feedlot operator; or
(iv)a cattle scale operator; or
(v)a calf dealer; or
(b)a business dealing with the buying or selling of livestock or the carcases of livestock;
livestock product includes—
(a)the carcase or any portion of a carcase of any livestock;
(b)the meat, blood, hide, skin, wool, hair, horns, feathers, antlers, feet or offal of livestock;
(c)the fat, milk, whey, cream, butter, cheese, eggs or other food or foodstuffs derived from livestock;
(d)honey, beeswax, honeycomb or any other product of bees;
(e)semen, ova or embryos of livestock;
(f)the secretions, excretions, manure and other wastes of livestock;
market value, in relation to livestock, means the value of the livestock calculated as on a sale on the place where the livestock is when it is destroyed or dies or is ordered to be destroyed;
owner includes—
(a)every person other than a mortgagee not in possession having or claiming jointly or severally any right, title or interest to or in any livestock or land; and
(b)the authorised agent of the owner; and
(c)in the case of a body corporate or unincorporate, the chief executive officer or other controlling officer of the body; and
(d)the superintendent or overseer of any livestock; and
(e)the occupier, superintendent or overseer of any land upon which livestock are kept; and
(f)all persons in charge of travelling livestock;
* * * * *
* * * * *
property identification code has the meaning set out in section 9B;
quarantine area means any premises, aircraft, vehicle, vessel, land, road or place ordered to be quarantined under section 110;
registered beekeeper means a person who is registered as a beekeeper under this Act;
registered brand means a brand allotted to a registered beekeeper under section 48(3);
residual value, in relation to any livestock referred to in Part 5 which is destroyed, means any money received by the Secretary on the sale of the carcase, wool, hide or offal of the livestock;
Secretary means the Secretary to the Department;
sheep means any ewe, hoggett, lamb, ram or wether;
vehicle includes any aircraft or vessel;
vendor declaration means a declaration under section 8A(1).
* * * * *
4Objectives
The objectives of this Act are to—
(a)protect public health by preventing, monitoring and controlling diseases transmissible from livestock to humans;
(b)to protect domestic and export markets for livestock and livestock products by preventing, monitoring and controlling livestock diseases;
(c)to provide for the preventing, monitoring and eradication of exotic livestock diseases;
(d)to provide compensation for certain losses caused by livestock diseases;
(e)to facilitate the operation of livestock identification and tracking programs for disease and residue control and market access.
5Binding of Crown
This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
6Governor in Council may make Orders
(1)The Governor in Council may make any Orders that are required for the purposes of this Act.
(2)Without affecting the generality of subsection (1), the Governor in Council may make an Order—
(a)declaring any contagious or infectious disease or any condition to which any livestock is subject to be a disease for the purposes of this Act;
(b)declaring any contagious or infectious disease or condition to which any livestock is subject to be an exotic disease for the purposes of this Act;
(c)declaring the whole or any portion of Victoria to be an area for the control of diseases other than exotic diseases and specifying the requirements which are to operate in the area;
(d)prohibiting or restricting the entry into Victoria of any livestock, livestock product, fodder or fittings either generally or from such places, during such periods and under such circumstances as may appear to the Governor in Council to be necessary or expedient for the purpose of preventing the entry into Victoria of any disease.
(3)An order made under subsection (2)(c) may—
(a)prohibit a person from transporting, selling or handling livestock, livestock products or fittings within or from the declared area; and
(b)impose requirements to be complied with in relation to the testing, transportation, sale or handling of livestock, livestock products or fittings within the declared area.
(3A)Without affecting subsection (1) or (2), the Governor in Council may make an Order exempting, or exempting to the extent specified in the Order, any livestock or class or species of livestock (including diseased livestock) or any person or class of person that is specified in the Order from all or any of the provisions of this Act or the regulations.
(3B)An Order made under subsection (3A)—
(a)may specify the period during which the Order is to remain in force;
(b)may provide that its operation is unconditional or operates in circumstances or conditions specified in the Order or is subject to any terms and conditions that are specified in the Order.
(4)A person must not contravene any prohibition or restriction of an Order made under subsection (2) or any requirement of an Order which is to operate in the declared area.
Penalty:60 penalty units.
(5)The Minister must ensure that an Order is published in the Government Gazette as soon as practicable after it is made.
PART 2—PROVISIONS APPLYING TO DISEASES GENERALLY
Division 1—Responsibilities of owners and others
7Notification of diseases
(1)If a person knows or has reason to suspect that a disease is present in livestock, livestock products or hives—
(a)owned by that person or in the possession, control or charge of that person; or
(b)on land owned or occupied by that person; or
(c)dealt with by that person as a veterinary practitioner, inspector under the Meat Industry Act 1993 or the Export Control Act 1982 of the Commonwealth, operator of a meat processing facility licensed under the Meat Industry Act 1993 where a quality assurance program is in force, the owner or person in charge of premises registered as a diagnostic veterinary laboratory, knacker, stock agent or other person dealing with livestock, livestock products or hives by way of a profession, trade or business—
the person must notify an inspector in accordance with subsection (2) or (3).
Penalty:1200 penalty units or 24 months imprisonment or both, in the case of an exotic disease.
120 penalty units, in the case of any other disease.
(2)In the case of an exotic disease, the person must notify an inspector without delay after becoming aware or suspecting that the disease is present by the quickest means of communication available.
(3)In the case of a disease other than an exotic disease, the person must notify an inspector within the prescribed time and in the prescribed manner after becoming aware or suspecting that the disease is present.
7AMinister may declare unusual circumstances of disease or death in livestock
(1)For the purposes of section 7B, the Minister may by instrument declare unusual circumstances of disease in livestock or unusual circumstances of the death of livestock including circumstances relating to the following—
(a)a class of livestock;
(b)the numbers of affected livestock;
(c)the clinical signs of affected livestock;
(d)environmental factors;
(e)geographical factors.
(2)A declaration under this section may specify the period during which the declaration is to remain in force, which may be no longer than 3 months after the declaration is made.
(3)The Minister must ensure that a declaration under this section is published in full in the Government Gazette as soon as is practicable after it is made.
7BNotification of unusual circumstances of disease or death in livestock
A person must notify an inspector in the prescribed manner of any unusual circumstances relating to livestock to which a declaration under section 7A applies within 5 days after becoming aware of the unusual circumstances if the livestock is—
(a)owned by that person or in the possession, control or charge of that person; or
(b)on land owned or occupied by that person; or
(c)dealt with by that person as—
(i)a veterinary practitioner, inspector under the Meat Industry Act 1993 or the Export Control Act 1982 of the Commonwealth;
(ii)an operator of a meat processing facility licensed under the Meat Industry Act 1993 where a quality assurance program is in force;
(iii)the owner or person in charge of premises registered as a diagnostic veterinary laboratory;
(iv)a knacker, stock agent or other person dealing with livestock by way of a profession, trade or business.
Penalty:60 penalty units.
8Separation of livestock
A person who owns or is in charge of, or who possesses or has control of, livestock or a livestock product which the person knows or suspects is infected with a disease must keep that livestock or livestock product separate from livestock or livestock products not infected or not suspected to be infected with a disease.
Penalty:120 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
8ARequirements for vendor declarations when livestock moved
(1)If livestock are moved from one property to another property and the properties have different property identification codes, the owner of the livestock (the first owner) must make a declaration as to the movement of the livestock before the livestock are moved.
Penalty:120 penalty units.
(2)A declaration under subsection (1) must—
(a)be clear and legible; and
(b)be made in a form approved by the Secretary; and
(c)contain the information required by the Secretary including—
(i)the property identification code that identifies the property from which the livestock are to be moved; and
(ii)the date on which the livestock are to be moved; and
(iii)the number of the livestock being moved; and
(iv)the name and signature of the person making the declaration; and
(v)the date the declaration is made; and
(vi)the intended destination of the livestock; and
(vii)any other prescribed particular.
(3)If a person (other than the first owner) takes ownership of the livestock when the livestock are moved, the first owner must give the vendor declaration to that person (the new owner) before or at the time the livestock are delivered to the new owner.
Penalty:120 penalty units.
(4)If ownership of the livestock does not change when the livestock are moved, the first owner must keep the vendor declaration for the prescribed period after making the declaration.
Penalty:20 penalty units.
(5)A person who transports livestock (a transporter) who is given a vendor declaration relating to the livestock by the owner of the livestock must—
(a)ensure that the vendor declaration accompanies the livestock at all times; and
(b)give the vendor declaration to the person taking possession of the livestock when the transporter delivers the livestock.
Penalty:120 penalty units.
(6)A livestock agent, who is given a vendor declaration relating to livestock by the first owner of the livestock, must give to the new owner of the livestock within the prescribed period after receiving the vendor declaration—
(a)the vendor declaration; or
(b)a livestock agent declaration.
Penalty:120 penalty units.
(7)An owner of livestock or a livestock agent who gives a vendor declaration or a livestock agent declaration under this section to a new owner of livestock must keep a copy of that declaration for the prescribed period after giving the declaration to the new owner.
Penalty:20 penalty units.
(8)A person who is given a vendor declaration or a livestock agent declaration under this section must keep the declaration for the prescribed period after receiving the declaration.
Penalty:20 penalty units.
(9)In this section—
livestock means prescribed livestock or livestock of a prescribed species or class;
livestock agent declaration means a document, relating to the movement of the livestock, that is prescribed for the purposes of this section containing the prescribed particulars.
9Identification of livestock
(1)A person must not dispatch cattle or livestock—
(a)for sale at saleyards; or
(b)for slaughter at an abattoir; or
(c)for disposal at a knackery—
unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.
Penalty:120 penalty units.
(2)A person must not, by auction or otherwise, sell cattle or livestock unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.
Penalty:120 penalty units.
(3)A person must not transport cattle or livestock—
(a)for sale at saleyards; or
(b)for slaughter at an abattoir; or
(c)for disposal at a knackery—
unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.
Penalty:120 penalty units.
(4)A person must not slaughter or dispose of cattle or livestock at premises licensed under the Meat Industry Act 1993 unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.
Penalty:120 penalty units.
(5)A person must not process the carcase of cattle or livestock at premises licensed under the Meat Industry Act 1993 unless the carcase is branded, tagged or identified in accordance with section 9A and in the prescribed manner.
Penalty:120 penalty units.
(6)A person must not move cattle or livestock, or the carcase of cattle or livestock, from one property to another property that has a different property identification code allocated to it, or has no property identification code allocated to it, unless the cattle, livestock or carcase is branded, tagged or identified in accordance with section 9A and in the prescribed manner.
Penalty:120 penalty units.
(7)In this section—
livestock means prescribed livestock or livestock of a prescribed species or class.
9APermanent identification of livestock
(1)The owner of any cattle or prescribed livestock or livestock of a prescribed species or class must ensure that the cattle or livestock is permanently tagged, marked, branded or identified—
(a)in the circumstances set out in section 9(1), (2), (3), (4), (5) or (6); or
(b)in any other prescribed circumstances—
in the manner specified by the Secretary with a tag, mark, brand or other device that—
(c)is approved by the Secretary; and
(d)has a property identification code allocated by the Secretary under section 9B; and
(e)has a number identifying the individual cattle or livestock; and
(f)is manufactured or sold by a person who is authorised to do so under section 9C.
Penalty:120 penalty units.
(2)If any cattle or prescribed livestock or livestock of a prescribed species or class has been tagged, marked, branded or identified in accordance with subsection (1), a person must not remove that tag, mark, brand or identification device from the cattle or livestock or deface, obliterate or alter the tag, mark, brand or identification device except—
(a)in accordance with a direction of an inspector; or
(b)if the tag is removed from the cattle or livestock, or the mark, brand or identification is defaced, obliterated or altered, by a person working at an abattoir or knackery where the cattle or livestock is being slaughtered or disposed of; or
(c)in accordance with the regulations.
Penalty:120 penalty units.
(3)Without limiting subsection (1), the Secretary may require cattle or livestock or any species or class of livestock to be tagged, marked, branded or identified with a device that contains an electronic microchip that incorporates the property identification code allocated by the Secretary under section 9B and the number that identifies the individual cattle or livestock.
(4)The Secretary must ensure that a notice is published in the Government Gazette and in a newspaper circulating generally throughout Victoria specifying any requirements of the Secretary for the purposes of this section.
9ABPossession of cattle or livestock if permanent identification has been removed or replaced
(1)A person must not be in possession or control of cattle or livestock that has been tagged, marked, branded or identified in accordance with section 9A(1) if the tag, mark, brand or identification device has been removed.
Penalty:120 penalty units, in the case of a natural person.
360 penalty units, in the case of a body corporate.
(2)A person does not commit an offence against subsection (1) if—
(a)the tag, mark, brand or identification device has been removed in accordance with this Act or the regulations; or
(b)the person has a reasonable excuse for being in possession or control of the cattle or livestock.
(3)A person must not be in possession or control of cattle or livestock that has been tagged, marked, branded or identified in accordance with section 9A(1) if the tag, mark, brand or identification device has been replaced with a different tag, mark, brand or identification device.
Penalty:120 penalty units, in the case of a natural person.
360 penalty units, in the case of a body corporate.
(4)A person does not commit an offence against subsection (3) if—
(a)the tag, mark, brand or identification device has been removed and replaced in accordance with this Act or the regulations; or
(b)the person has a reasonable excuse for being in possession or control of the cattle or livestock.
(5)In this section—
livestock means prescribed livestock or livestock of a prescribed species or class.
9BProperty identification codes
(1)A person who owns any cattle or prescribed livestock or any livestock of a prescribed species or class must apply to the Secretary for the allocation of a code that identifies the property at which the cattle or livestock is to be kept.
Penalty:120 penalty units.
(2)A person who carries on a livestock business must apply to the Secretary for the allocation of a code that identifies the place at which the person carries on that business.
Penalty:120 penalty units.
(3)An application under this section must—
(a)be made in the prescribed manner; and
(b)contain the prescribed information; and
(c)be accompanied by the fee (if any) fixed by the Minister.
(4)The Secretary must allocate, to a person who has applied in accordance with this section, a code identifying—
(a)the property at which cattle or prescribed livestock or any livestock of a prescribed species or class are kept; or
(b)the place at which a livestock business is carried out.
(5)A code allocated under subsection (4) (a property identification code) remains in force for any period that is specified by the Secretary with respect to the property identification code unless earlier cancelled by the Secretary.
(6)A person who has been allocated with a property identification code under this section must advise the Secretary in writing of any change in the information given in the application for the code within 28 days after the change.
Penalty:20 penalty units.
(7)In this section—
code includes any configuration of numbers or letters or a combination of both numbers and letters;
livestock business means any of the following businesses—
(a)operating a saleyard;
(b)operating as a scale operator;
(c)operating a knackery;
(d)operating an abattoir;
(e)any other prescribed class of business.
9BACancellation of property identification code
(1)The Secretary may cancel a property identification code allocated under section 9B in any of the following circumstances—
(a)if a livestock business has ceased trading at a place in respect of which a property identification code was allocated;
(b)if there are no longer any livestock being kept at a property in respect of which a property identification code was allocated;
(c)if more than one property identification code has been allocated in respect of the same property and it is no longer appropriate that there be more than one property identification code allocated in respect of the property;
(d)if it is necessary to change the configuration of the numbers and letters in the property identification code.
(2)If a property identification code is cancelled under this section, the Secretary must give a written notice by post to the person who applied for the property identification code at the last known address of the person, which states—
(a)that the property identification code has been cancelled; and
(b)the reason for the cancellation; and
(c)except in the case of a cancellation under subsection (1)(d), that the person may apply to the Secretary for a review of the decision to cancel the property identification code in accordance with the requirements set out in section 9BB(2).
(3)A cancellation of a property identification code under this section takes effect from the earlier of—
(a)the end of the period within which a person may apply for a review of the decision under section 9BB; or
(b)the day the decision is affirmed by the Secretary under section 9BB.
9BBReview of cancellation of property identification code
(1)If a decision is made under section 9BA(1)(a), (1)(b) or (1)(c) to cancel a property identification code, the person who applied for that property identification code may apply to the Secretary for a review of the decision.
(2)An application must—
(a)be in writing and include the reasons as to why the property identification code should not be cancelled; and
(b)be made within 28 days after the person receives written notice of the cancellation under section 9BA(2).
(3)The Secretary must take into account the reasons included in the application when reviewing a decision under this section.
(4)The Secretary must determine whether to affirm or set aside a decision to cancel a property identification code within 28 days after receiving an application under this section.
(5)The Secretary must, without delay, give an applicant under this section written notice of any determination made under this section.
(6)If the decision to cancel a property identification code under section 9BA was made by a person on behalf of the Secretary, any review of that decision under this section must not be made by that person.
9BCOffence to use property identification code no longer in force
A person must not use a property identification code that is no longer in force—
(a)in relation to the identification of cattle or prescribed livestock or livestock of a prescribed species or class; or
(b)in connection with the carrying on of a livestock business (within the meaning of section 9B).
Penalty:20 penalty units.
9CRequirements for manufacturers of tags and devices
(1)A person must not make or sell or offer or expose for sale a tag or a marking, branding or identification device intended for identifying livestock for the purposes of section 9 or 9A or that is held out as being suitable for those purposes or that contains a property identification code allocated by the Secretary under section 9B unless the person is authorised for the time being in writing by the Secretary to do so.
Penalty:120 penalty units.
(2)If a tag, mark, brand or other device intended for identifying livestock for the purposes of section 9 or 9A has been used to tag, mark or brand or otherwise identify individual livestock, a person must not use that tag, mark, brand or other device to identify other livestock unless the person is authorised for the time being in writing by the Secretary to do so.
Penalty:120 penalty units.
(3)Subsection (2) does not apply to a tag, mark, brand or a device that does not identify the individual livestock.
10Entry of livestock etc.
(1)A person must not bring or cause or permit or allow to be brought into Victoria any diseased livestock or diseased livestock product except in accordance with the prior authority of the Secretary or a licence issued by the Secretary.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units in the case of any other disease.
(2)A person must not bring or cause or permit or allow to be brought into Victoria any livestock, livestock product, fodder or fittings—
(a)contrary to any order or any requirement prescribed in the regulations (if any) relating to the introduction of livestock, livestock products, fodder or fittings into Victoria; and
(b)without the livestock, livestock product, fodder or fittings being inspected and certified in the manner prescribed.
Penalty:60 penalty units.
(3)A person must not, in Victoria, abandon, allow to stray, drive or cause to be driven any livestock, or move or cause to be moved any livestock products, fodder or fittings, introduced into Victoria—
(a)contrary to any order or any regulation about the introduction of livestock, livestock products, fodder or fittings into Victoria; and
(b)without the livestock, livestock product, fodder or fittings being inspected and certified in the manner prescribed.
Penalty:60 penalty units.
(4)The Secretary may—
(a)in writing authorise the bringing into Victoria of any diseased livestock or diseased livestock product that is specified in the authorisation;
(b)issue a licence authorising the bringing into Victoria of diseased livestock or diseased livestock products or a class of diseased livestock or diseased livestock product for the period specified in the licence not exceeding 3 years and may impose any conditions on the licence.
11Quarantine areas
(1)A person must not abandon livestock in or allow livestock to stray in or out of a quarantine area.
Penalty:120 penalty units.
(1A)A person must not, without the written authority of an inspector, drive or cause to be driven any livestock into, through or out of a quarantine area.
Penalty:120 penalty units.
(1B)A person must not, without the written authority of an inspector, remove from, or move into, a quarantine area any livestock product, fodder or fittings or any soil, sand or any other material.
Penalty:120 penalty units.
(1C)A person must not, without the written authority of an inspector, move a vehicle into or from a quarantine area, whether or not the vehicle contains livestock.
Penalty:120 penalty units.
(2)An inspector may make a written authority under subsection (1A), (1B) or (1C) subject to any condition that the inspector considers is reasonably necessary to prevent the spread of disease.
12Offences
(1)A person must not expose any diseased livestock in a market or other public place where livestock are exposed for sale.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1A)A person must not expose any diseased livestock in any saleyard whether public or private.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1B)A person must not place any diseased livestock in any lair or place adjacent to or connected with any place where livestock are commonly placed before exposure for sale.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1C)A person must not send for carriage or cause to be carried on any vehicle or vessel any diseased livestock.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1D)A person must not carry, lead or drive or cause to be carried, led or driven any diseased livestock on or by the side of any highway or thoroughfare.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1E)A person must not keep or cause to be kept any diseased stock—
(a)on any common; or
(b)on the side of a highway or thoroughfare.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(1F)A person must not keep or cause to keep any diseased livestock on any unenclosed land or in any field or other place which is insufficiently fenced unless the livestock is constantly followed and kept in sight.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
(2)If diseased livestock are found either travelling or in any public place or saleyard or on any land or other place on which livestock are offered for sale, the owner of the livestock is guilty of an offence and liable to a penalty in the case of an exotic disease not exceeding 600 penalty units or 12 months imprisonment or both, or in the case of any other disease, not exceeding 60 penalty units.
(3)The Secretary may exempt any person or class of person or any class of diseased livestock from all or any of the provisions of subsection (1), (1A), (1B), (1C), (1D), (1E), (1F) or (2).
(3A)An exemption—
(a)may apply in relation to the whole or any part of Victoria; and
(b)must state which parts of Victoria it applies to.
(4)An exemption must be in writing and may be granted on conditions.
(4A)An exemption that relates to a class of person or a class of diseased livestock must be published in full in the Government Gazette as soon as is practicable after it is granted.
(5)A person who is granted an exemption must comply with the conditions (if any) of the exemption.
Penalty:600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.
60 penalty units, in the case of any other disease.
Division 2—Controls over livestock
13Separation or isolation of livestock
(1)An inspector may, in writing, order the owner of—
(a)livestock suffering from or suspected of suffering from disease; or
(b)livestock which the inspector believes to have been in contact with diseased livestock—
to ensure that the livestock are kept separate or in isolation from other livestock until the livestock have received proper treatment or been found by an inspector not to be suffering from disease.
(2)An inspector may, in writing, order the person in charge or having the custody or control of livestock referred to in subsection (1) to ensure that the livestock are kept separate or in isolation from other livestock for so long as they are in the person's charge, custody or control.
(3)A person must not fail or refuse to comply with an order under this section.
Penalty:120 penalty units.
14Destruction or disposal of livestock
(1)If any livestock, livestock product, fodder or fittings is introduced into—
(a)Victoria; or
(b)a quarantine area; or
(c)an area declared under section 6(2)—
contrary to any provision of this Act or an order or regulation made under this Act, the livestock, the livestock product, fodder or fittings may be destroyed or otherwise disposed of as directed by instrument by the Minister.
(2)The Minister must cause a copy of a direction under subsection (1) to be given to the owner or person apparently in charge of the livestock, livestock product, fodder or fittings before the direction is carried out unless—
(a)the owner or person apparently in charge of the livestock, livestock product, fodder or fittings cannot be found after reasonable search or inquiry; and
(b)the Minister considers that, in the circumstances, the direction must be carried out without prior notice to the owner or person apparently in charge.
(3)If destruction or disposal is directed by the Minister under subsection (1), the owner of the livestock, livestock product, fodder or fittings destroyed or disposed of is not entitled to compensation except compensation expressly provided for in Part 5.
(4)A direction of the Minister under this section is deemed to be a direction of an inspector for the purposes of Part 5.
15Destruction or disposal of diseased livestock
(1)If an inspector knows or reasonably suspects that—
(a)any livestock or livestock product is diseased or infected with a disease; or
(b)any livestock, livestock product, fodder, fitting or any other article has been in contact with diseased livestock or a diseased livestock product—
the inspector may—
(c)dispose of, or order to be disposed of, the livestock, livestock product, fodder, fitting or article; or
(d)destroy, or order to be destroyed, the livestock, livestock product, fodder, fitting or article.
(2)The inspector must notify the owner or person apparently in charge of the livestock, livestock product, fodder, fitting or article of the inspector's intention to destroy or dispose of the livestock, livestock product, fodder, fitting or article.
(3)If an inspector knows or reasonably suspects that livestock or a livestock product is infected with a disease or that any livestock, livestock product, fodder, fitting or any other article has been in contact with diseased livestock or a diseased livestock product and the owner of the livestock, livestock product, fodder, fitting or article cannot be located after reasonable inquiry and there is no person apparently in charge of the livestock, livestock product, fodder, fitting or article, the inspector may, with the approval of the Secretary, destroy or otherwise dispose of the livestock, livestock product, fodder, fitting or article.
16Testing for diseases
(1)A person must not test, analyse or undertake any diagnostic examination of any sample or specimen taken from any livestock or livestock product for the purpose of determining whether it is infected with any disease unless—
(a)the test, analysis or examination is conducted at premises which have been registered by the Secretary as a veterinary diagnostic laboratory for the testing, analysis or examination of samples or specimens for that disease; or
(b)the person is a person or of a class of person approved by the Secretary in a written determination under section 16A(1) and conducts the test, analysis or examination by way of a method approved by the Secretary in that determination for that class of test, analysis or examination and in accordance with any conditions of that determination.
Penalty:60 penalty units.
(2)A person must not submit any sample or specimen taken from any livestock or livestock product to another person for the purpose of having that other person test, analyse or undertake any diagnostic examination of the sample or specimen to determine whether it is infected with any disease unless the first-mentioned person reasonably believes that the other person will undertake the test, analysis or examination at premises registered as a veterinary diagnostic laboratory under subsection (1).
Penalty:60 penalty units.
(2A)A person who submits any sample or specimen taken from any livestock or livestock product to a person at premises registered as a veterinary diagnostic laboratory under subsection (1) for the purposes of having the sample or specimen tested, analysed or diagnostically examined to determine whether it is infected with any disease must ensure that the following information accompanies the sample or specimen—
(a)the date of submission of the sample or specimen;
(b)the name and address of the owner of the livestock or livestock product;
(c)the name and address of the person submitting the sample or specimen;
(d)the property identification code identifying the property at which the livestock is kept;
(e)the species of livestock;
(f)any other prescribed information.
Penalty:30 penalty units.
(2B)A person who has submitted any sample or specimen taken from any livestock or livestock product to another person outside Victoria for the purpose of having that other person test, analyse or undertake any diagnostic examination of the sample or specimen to determine whether it is infected with any disease must, if the results of the testing, analysis or diagnostic examination include a determination that the livestock or livestock product is infected with disease, notify the Secretary in writing of the following within 7 days after receiving the results—
(a)the date of submission of the sample or specimen;
(b)the name and address of the owner of the livestock or livestock product;
(c)the name and address of the person who submitted the sample or specimen;
(d)the property identification code identifying the property at which the livestock is kept;
(e)the species of livestock;
(f)any other prescribed information.
Penalty:30 penalty units.
(3)The owner or person in charge of premises registered as a veterinary diagnostic laboratory must ensure that—
(a)any test, analysis or diagnostic examination of any sample or specimen referred to in subsection (1) is carried out in accordance with any prescribed standards; and
(b)the prescribed records are kept and submitted to the Secretary in the prescribed time and manner.
Penalty:60 penalty units.
(4)The owner or person in charge of premises registered as a veterinary diagnostic laboratory must ensure that the facilities and operational practices of the laboratory comply with any prescribed standards of accreditation for veterinary diagnostic laboratories.
Penalty:60 penalty units.
(4A)Subsection (4) does not apply to a veterinary diagnostic laboratory declared in a determination under section 16A(3) to be a small veterinary diagnostic laboratory.
(5)The owner or person in charge of premises registered as a veterinary diagnostic laboratory must comply with any direction of the Secretary to take part in any program to test the proficiency of the facilities and operational practices used in the laboratory or to do so jointly or collaboratively with any other veterinary diagnostic laboratory.
Penalty:60 penalty units.
16ASecretary may make determinations relating to testing for diseases
(1)The Secretary, for the purposes of section 16(1)(b), may by written determination—
(a)approve a person or class of person who may test, analyse or undertake a diagnostic examination of any sample or specimen taken from any livestock or livestock product for the purpose of determining whether it is infected with any disease by way of a method approved under paragraph (b); and
(b)approve a method for conducting a class of test, analysis or undertaking of a diagnostic examination referred to in paragraph (a).
(2)In approving a person or class of person under subsection (1)(a), the Secretary must have regard to the qualifications or work experience of the person or class of person.
(3)The Secretary, for the purposes of section 16(4A), may by written determination declare a veterinary diagnostic laboratory to be a small veterinary diagnostic laboratory having regard to the following criteria—
(a)the number of samples or specimens taken from livestock or livestock products tested, analysed or diagnostically examined by the laboratory annually;
(b)the types of tests, analysis or diagnostic examinations performed at the laboratory;
(c)the qualifications of veterinary pathologists employed at the laboratory to carry out tests, analysis or diagnostic examinations performed at the laboratory;
(d)any quality assurance programs established at the laboratory;
(e)the demonstrated mechanisms relating to notification of diseases in livestock or livestock products used at the laboratory.
(4)A determination under this section—
(a)may be unconditional or subject to any condition specified in the order; and
(b)must be published by notice in the Government Gazette as soon as is practicable after it is granted.
Division 3—Agreements and contracts
17Agreements with owners of livestock
(1)The Secretary may enter into a written agreement with an owner of livestock which requires that owner to do anything which an inspector has power to direct the owner to do under this Act.
(2)An owner of livestock is not liable to be prosecuted for an offence against this Act in respect of any matter provided for in an agreement under subsection (1) if the owner is acting in accordance with the agreement.
(3)An agreement may be amended by further agreement between the Secretary and the owner.
(4)An agreement may be revoked by the Secretary or the owner by giving notice in writing to the other party to the agreement.
(5)If the Secretary revokes an agreement, the owner may appeal to the Minister to review that revocation.
18Contracts with veterinary practitioners
(1)The Secretary may enter into a contract with a veterinary practitioner registered under the Veterinary Practice Act 1997 who is not an inspector to subject livestock to any examination, biological test, vaccination, inoculation or treatment that is specified in the contract.
(2)The veterinary practitioner is entitled to any fee set out in the contract.
(3)The Secretary may terminate a contract after giving the notice provided in the contract or, if no notice is provided, after giving 2 weeks' notice.
PART 3—EXOTIC DISEASES
Division 1—Preliminary
19Application of this Part to land
(1)Any provision of this Act that is exercised in relation to an exotic disease, to the extent that it confers any function or power that may be exercised in relation to land, applies to all land, whatever its status.
(2)Without limiting subsection (1), any provision of this Act that is exercised in relation to an exotic disease applies to land, premises, areas and places—
(a)that are the property of the Crown, or that are dedicated or reserved for any purpose, or protected or otherwise dealt with under any other Act; or
(b)the care, control or supervision of which is vested in any statutory authority or other person.
(3)It is not necessary, in order for any land, premises, area or place to be declared to be an infected place, restricted area or control area under this Part or for the validity of any order or the exercise of any power to enter premises or of any other power conferred by this Act and exercised in relation to an exotic disease, to obtain the consent of any person or body or to meet any requirements other than the requirements of this Act.
(4)If land is owned, jointly or as tenants in common or otherwise, by 2 or more persons an order, notice or other document relating to an exotic disease which is under this Act served on one of them as owner of the land is deemed to have been served on them all.
20Application of this Part to livestock
(1)Any provision of this Act that is exercised in relation to an exotic disease, to the extent that it confers any function or power that may be exercised in relation to livestock, applies to all livestock, whatever their status and whether or not the property of the Crown or any other person.
(2)Without limiting subsection (1), any provision of this Act that is exercised in relation to an exotic disease applies to livestock—
(a)that are protected or otherwise dealt with under any Act; or
(b)the care, control, management or supervision of which is vested by any Act in the Crown or any statutory authority or other person.
(3)It is not necessary for the validity of any order under this Part for the destruction, confinement or other control or treatment of, or otherwise affecting, any livestock, or for the exercise of any other power conferred by this Act in relation to exotic diseases of livestock, to obtain the consent of any person or body or to meet any requirements other than the requirements of this Act.
(4)Nothing in this Part authorises wanton cruelty to any livestock.
Division 2—Declared areas
21Declaration of infected place
If the Secretary reasonably suspects any land premises, place or area within Victoria to be infected with an exotic disease, the Secretary may, by order in writing declare it to be an infected place.
22Declaration of infected vehicle
If the Secretary reasonably suspects any vehicle to be infected with an exotic disease, the Secretary may, by order in writing declare it to be an infected vehicle.
23Notice of order declaring area or vehicle infected
(1)The Secretary must ensure that each infected place order and infected vehicle order—
(a)is published in full in the Government Gazette; and
(b)if the infected place order relates to an area, notice of the order is published on—
(i)an approved alternative publication Internet site; or
(ii)an Internet site maintained by the Department.
(2)The Secretary must ensure that written notice of—
(a)an infected place order is given to the owner or person in charge or in apparent control of the land, premises, place or area to which the notice relates; and
(b)an infected vehicle order is given to the owner or person in charge or in apparent control of the vehicle to which the order relates.
(3)In this section—
infected place order means an order under section 21;
infected vehicle order means an order under section 22.
24Permit for entry or exit
(1)A person must not—
(a)enter or leave any land, premises, place or area declared to be an infected place or a vehicle declared to be an infected vehicle; or
(b)cause, permit or assist any other person to enter or leave any such land, premises, place, area or vehicle; or
(c)bring, move, take or allow any person to bring move or take any livestock, livestock product, fodder or fitting into, within or out of any such land, premises, place area or vehicle; or
(d)cause, permit or assist any vehicle to enter or leave any land, premises, place or area declared to be an infected place—
unless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in a permit.
Penalty:1800 penalty units or 36 months imprisonment or both.
(2)An inspector may issue a permit for the purposes of this section—
(a)subject to any conditions; and
(b)to be effective for any period of time—
that the inspector specifies in the permit.
(3)Without limiting subsection (2), an inspector may issue a permit subject to the condition that the holder of the permit, or the livestock, livestock product, fodder, fitting or vehicle to which the permit relates—
(a)must first be effectively disinfected to the satisfaction of the inspector and in a manner specified by the inspector before leaving or being taken out of the infected place or infected vehicle; and
(b)must not go or be brought to any other land, premises or place where any specified livestock, livestock product, fodder or fittings are located.
(4)An inspector may revoke or vary a permit at any time by notice in writing to the holder.
(5)If a permit given under this section is revoked the holder must, upon request by an inspector immediately deliver the revoked permit to the inspector.
25Entry and exit points
(1)Any movement of a vehicle into or out of an infected place, and any movement of persons, livestock, livestock products, fodder or fittings into or out of an infected place or infected vehicle must be made only through a point or points specified in a notice issued by an inspector to the person in charge or in apparent control of the place or vehicle.
(2)The inspector must cause—
(a)the notice to be published on—
(i)an approved alternative publication Internet site; or
(ii)an Internet site maintained by the Department; and
(b)a legible copy of the notice to be displayed at the points specified in the notice in such a manner that it can easily be read.
(3)A person who knows or has reason to believe any land, premises, place or area to be an infected place or that a vehicle is an infected vehicle must not go or move any other person, livestock, livestock product, fodder, fitting or vehicle in or out of it except in accordance with a notice issued under subsection (1).
Penalty:1800 penalty units or 36 months imprisonment or both.
(4)A person who goes, or moves any other person, livestock, livestock product, fodder, fitting or vehicle, in or out of any land, premises, place or area that is an infected place or in or out of a vehicle that is an infected vehicle, where that person is not liable for an offence under subsection (3) in respect of doing so, is guilty of an offence and liable to a penalty not exceeding 120 penalty units.
(5)Subsection (4) does not apply if the person is acting in accordance with a notice issued under subsection (1).
26Declaration of restricted area
(1)If the Minister believes or suspects that there is a possibility that an exotic disease is present on or in or may be introduced into any land, premises, place or area (including the whole of Victoria), the Minister may by order—
(a)declare the land, premises, place or area to be a restricted area; and
(b)specify any prohibitions, restrictions and requirements which are to operate in the restricted area.
(2)The order must identify the classes or descriptions of livestock or livestock products, fodder, fittings or vehicles that are affected by it.
(3)The Minister must ensure that in relation to an order under subsection (1)—
(a)the order is published in full in the Government Gazette; and
(b)notice of the order is published on—
(i)an approved alternative publication Internet site; or
(ii)an Internet site maintained by the Department.
27Permits for activity in restricted area
(1)A person who knows, or has reason to believe, that any land, premises, place or area has been declared to be a restricted area must not—
(a)cause or permit the movement of any livestock, livestock product, fodder, fittings or vehicle to which the declaration of the restricted area applies into, within or from that area; or
(b)cause or permit the movement of any vehicle carrying, or of a type normally used for the carrying of, any livestock, livestock product, fodder or fittings to which the declaration of the restricted area applies into, within or from that area; or
(c)contravene any prohibition, restriction or requirement specified in the order which declared the restricted area—
unless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in the permit.
Penalty:1800 penalty units or 36 months imprisonment or both.
(1A)A person who—
(a)causes or permits the movement of any livestock, livestock product, fodder, fittings or vehicle specified in an order under section 26 into, within or from, any land, premises, place or area declared to be a restricted area under that order; or
(b)causes or permits the movement of any vehicle carrying, or of a type normally used for the carrying of, any livestock, livestock product, fodder or fittings specified in an order under section 26 into, within or from, any land, premises, place or area declared to be a restricted area under that order; or
(c)contravenes any prohibition, restriction or requirement specified in an order under section 26 declaring any land, premises, place or area to be a restricted area—
where that person is not liable for an offence under subsection (1) in respect of doing so, is guilty of an offence and liable to a penalty not exceeding 120 penalty units.
(1B)Subsection (1A) does not apply if the person is acting under a permit issued by an inspector and the person complies with any conditions set out in the permit.
(2)An inspector may issue a permit for the purposes of this section—
(a)subject to any conditions; and
(b)to be effective for any period of time—
that the inspector specifies in the permit.
(3)Without limiting subsection (2), an inspector may issue a permit subject to the condition that the holder of the permit, or the livestock, livestock product, fitting or vehicle to which the permit relates is effectively disinfected to the satisfaction of the inspector and in a manner specified by the inspector, before leaving or being taken out of the restricted area.
(4)An inspector may revoke or vary a permit at any time by notice in writing to the holder.
(5)If a permit given under this section is revoked the holder must, upon request by an inspector, immediately deliver the revoked permit to the inspector.
28Entry to and exit from restricted areas
(1)The Secretary may by notice in writing prohibit or impose restrictions on movement into or from a restricted area of any livestock, livestock product, fodder, fittings or vehicle.
(1A)A notice under subsection (1) must be published on—
(a)an approved alternative publication Internet site; or
(b)an Internet site maintained by the Department.
(2)Any movement of livestock, livestock products, fodder, fittings or vehicles of a class or description specified in the order declaring the restricted area into or out of a restricted area must be made only through a point or points specified in a notice under subsection (1).
(3)A person who knows or has reason to believe that any land, premises place or area has been declared a restricted area must not move any livestock, livestock product, fodder, fittings or vehicles—
(a)which is specified, or of a class or description specified, in the order declaring the restricted area; and
(b)to which a notice under subsection (1) applies—
into or out of the restricted area in contravention of the notice.
Penalty:1800 penalty units or 36 months imprisonment or both.
(4)A person who moves any livestock, livestock product, fodder, fitting or vehicle into or out of a restricted area in contravention of a notice under subsection (1) where—
(a)the livestock, livestock product, fodder, fitting or vehicle is specified, or is of a class or description specified, in the order declaring the restricted area; and
(b)the notice applies to that livestock, livestock product, fodder, fitting or vehicle; and
(c)the person is not liable for an offence under subsection (3) in respect of the movement of the livestock, livestock product, fodder, fitting or vehicle—
is guilty of an offence and liable to a penalty not exceeding 120 penalty units.
29Control area
(1)If the Minister believes or suspects that it is reasonably necessary for the purpose of preventing, controlling or eradicating an exotic disease, the Minister may by order—
(a)declare any land, premises, place or area (including the whole of Victoria) to be a control area; and
(b)specify any prohibitions, restrictions and requirements which are to operate in the control area.
(2)The declaration must identify the classes or descriptions of livestock, livestock products, fodder or fittings that are affected by it.
(3)Without limiting the powers of the Minister under subsection (1)(b), an order declaring a control area may prohibit, regulate or control—
(a)the holding of markets, fairs, sales, shows, parades, race meetings or other gatherings or competitions involving livestock or livestock products;
(b)the presence or exposure of livestock or livestock products of a class or description specified in the order at any place where livestock or livestock products are exposed for sale;
(c)the presence or exposure of livestock of a class or description specified in the order at any place where livestock are exposed for exhibition, parade, race meetings or any form of recreation or competition;
(d)the sale, presence or exposure of livestock or livestock products of a class or description specified in the order at places where livestock or livestock products are commonly processed for human or animal consumption;
(e)the movement of livestock or livestock products of a class or description specified in the order into out of or within the area declared to be a control area.
(4)The Minister must ensure that in relation to an order declaring a control area—
(a)the order is published in full in the Government Gazette; and
(b)notice of the order is published on—
(i)an approved alternative publication Internet site; or
(ii)an Internet site maintained by the Department.
(5)An order declaring a control area has effect for the period not exceeding 12 months that the Minister specifies in the Order and may be continued for any further period or periods not exceeding 12 months that the Minister determines by notice published in the Government Gazette.
(6)If the Minister continues an Order under subsection (5) by notice published in the Government Gazette, the Order must be published in full in the Government Gazette as an attachment to or accompanying the notice.
30Permit for activity in a control area
(1)A person who knows, or has reason to believe, that any land, premises, place or area has been declared to be a control area must not contravene any prohibition, restriction or requirement specified in the order which declared the control area unless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in the permit.
Penalty:1200 penalty units or 24 months imprisonment or both.
(1A)A person who contravenes any prohibition, restriction or requirement specified in an order declaring any land, premises, place or area to be a control area, where that person is not liable for an offence under subsection (1) in respect of that contravention, is guilty of an offence and liable to a penalty not exceeding 120 penalty units.
(1B)Subsection (1A) does not apply if the person is acting under a permit issued by an inspector and the person complies with any conditions set out in the permit.
(2)An inspector may issue a permit for the purposes of this section—
(a)subject to any conditions; and
(b)to be effective for any period of time—
that the inspector specifies in the permit.
(3)An inspector may revoke or vary a permit at any time by notice in writing to the holder.
(4)If a permit given under this section is revoked, the holder must, upon request by an inspector, immediately deliver the revoked permit to the inspector.
31Further powers under Orders declaring restricted or control areas
(1)Without limiting the powers of the Minister under sections 26(1)(b) and 29(1)(b), an order declaring a restricted area or a control area may—
(a)restrict the purposes for which livestock, livestock products or fodder of a class or description specified in the order may be used;
(b)require livestock (whether diseased or not), livestock products or fodder to be destroyed or disposed of in a manner specified in the order;
(c)require livestock, livestock products or fodder of a class or description specified in the order to be subject to treatment specified in the order or any other action specified in the order for the purpose of freeing them from disease;
(d)require livestock, livestock products, land, buildings, vehicles, fodder or fittings of a class or description specified in the order to be cleansed, disinfected or otherwise treated in the manner specified in the order;
(e)control the keeping, transport or management of livestock, livestock products, fittings and fodder of a class or description specified in the order;
(f)require livestock, livestock products, fodder, fittings and buildings to be identified in a manner specified in the order.
(2)An order may authorise an inspector to issue any directions to any person to do any of the things specified in subsection (1).
Division 3—Importation orders
32Border security
(1)If the Minister reasonably suspects that any land, premises, place or area outside Victoria is infected with an exotic disease, the Minister may, by order, prohibit absolutely or impose conditions upon the entry or importation into Victoria of—
(a)livestock, livestock products, fodder or fittings identified by the order; and
(b)vehicles of a type usually used for the transportation of livestock, livestock products, fodder or fittings of a kind to which the order refers or of a type, or from a locality, identified by the order.
(2)Without limiting subsection (1), an order—
(a)may prohibit or restrict the entry or importation into Victoria of any description of livestock, livestock product, fodder, fittings or vehicles except at places specified in the order; and
(b)may specify tests or treatment to be applied to any description of livestock, livestock products, fodder, fittings and vehicles.
33Contravention of importation order
(1)A person who causes, permits or assists any livestock, livestock product, fodder, fitting or vehicle to enter or be imported into Victoria, knowing that in doing so the person contravenes an importation order under section 32 is guilty of an offence and liable to a penalty not exceeding 1200 penalty units or imprisonment of 24 months or both.
(2)A person who causes, permits or assists any livestock, livestock product, fodder, fitting or vehicle to enter or be imported into Victoria, where—
(a)that entry or importation contravenes an importation order under section 32; and
(b)that person is not liable for an offence under subsection (1) in respect of that contravention—
is guilty of an offence and liable to a penalty not exceeding 120 penalty units.
34Publication of importation order
The Minister must ensure that an importation order under section 32 is published in full in the Government Gazette as soon as practicable after the making of the order.
35Duration of importation order
(1)An importation order under section 32 remains in force for a period of 60 days or any shorter period that is specified in the order, unless sooner revoked.
(2)The Minister may from time to time, by notice published in the Government Gazette, extend the duration of an order for any period or periods not exceeding 60 days.
(3)If the Minister extends an importation order by notice under subsection (2), the importation order must be published in full in the Government Gazette as an attachment to or accompanying the notice.
Division 4—Destruction orders
36Destruction of buildings and vehicles
The Minister may, by order in writing, require the destruction of any premises (other than a dwelling) or vehicle which the Minister reasonably suspects to be infected with an exotic disease and which cannot be effectively disinfected.
133Service of documents
(1)Except where otherwise provided for in this Act, any written notice or other document authorised or required by this Act to be served on or given to a person (including a body corporate) may be served on or given to that person—
(a)in person; or
(b)by sending it by post to the person at the person's usual or last known residential or business address; or
(c)by leaving it at the person's usual or last known residential address with a person on the premises who is apparently at least 16 years old; or
(d)by leaving it at the person's usual or last known business address with a person who is apparently employed at the premises and is apparently at least 16 years old; or
(e)by sending it by electronic communication to the person at the person's usual or last known electronic address.
(2)In addition to the methods in subsection (1), any written notice or other document may be served on or given to a body corporate under this Act by sending it by—
(a)registered post to the body corporate, or to an employee, agent or officer of that body corporate, at the head office, registered office or principal place of business of the body corporate; or
(b)electronic communication to the body corporate's email address or to the email address of an employee, agent or officer of that body corporate.
134Persons liable for offences
(1)If 2 or more persons are responsible for the same offence against this Act each of those persons is liable to the penalty provided by this Act for that offence and the liability of each of them is independent of the liability of any other person.
(2)If a body corporate is guilty of an offence against this Act (other than an offence under Part 6) any person who is concerned in or takes part in the management of that body corporate who knowingly authorised or permitted that contravention is also guilty of an offence and liable to a penalty for that offence.
(3)If a person who is guilty of an offence is a partnership or an unincorporated body the reference to a person must be construed as a reference to each member of the partnership or of the committee of management of the unincorporated body, as the case may be.
Division 7—General
135Suspicion of infection
(1)For the purposes of this Act, any livestock, place or thing may reasonably be suspected of being infected with a disease if there is reason to think that an agent, pathogen or organism capable of causing a disease is present in or on the livestock, place or thing.
(2)It is not necessary, in order to form a reasonable suspicion that livestock is infected with a disease for the livestock to be exhibiting signs of the disease.
(3)Any livestock or thing, may for the purposes of this Act, be reasonably suspected of being infected with a disease if it is or has been in or with a flock, group or herd, or is travelling or has travelled on any land or place, or in a vehicle, in which there was or is any livestock infected with a disease.
(4)This section does not prejudice any other evidence or consideration by which an inspector or other person might reasonably suspect that any livestock, place or thing is infected with a disease.
136Evidence of certain matters
(1)A document appearing to be a copy of an instrument of appointment of an inspector, a licence, registration certificate, approval or agreement issued, granted or made under this Act if accompanied by a certificate appearing to be signed by the Secretary to the effect that it is a copy is evidence and, in the absence of evidence to the contrary, is proof of the existence and contents of the original.
(2)A certificate appearing to be signed by the Secretary to the effect that, on a date specified in the certificate, a person held or did not hold a licence, registration, approval or other authority under this Act specified in the certificate is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
137Offences relating to enforcement
(1)A person must not—
(a)obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate an inspector exercising his or her powers under this Act or the regulations; or
(b)contravene a lawful direction, order or requirement of an inspector; or
(c)refuse to answer a question lawfully asked by an inspector or to produce a document lawfully required by an inspector; or
(d)give to an inspector any information or answer that is false or misleading; or
(e)refuse to produce any livestock or livestock product, fodder or fitting when lawfully requested to do by an inspector; or
(f)being the owner of livestock, after being requested by an inspector fail to muster, yard and secure the owner's livestock and provide sufficient assistance for the inspection; or
(g)interfere with anything done by an inspector in the exercise of his or her powers under this Act or the regulations; or
(h)include in an application or request to the Secretary under this Act or the regulations a statement that he or she knows to be false or misleading in a material respect.
Penalty:60 penalty units.
(2)Despite anything to the contrary in subsection (1) a person may refuse to answer an inspector's question or to produce a document to the inspector if the person believes that the answer or information in the document would tend to incriminate the person.
137AOffence to make false or misleading statements
A person must not, in making, keeping or providing any record, return, account or any other information under this Act or the regulations—
(a)make a statement that is false or misleading in a material detail; or
(b)fail to include any material matter in the record, return, account or information where the failure causes the record, return, account or information to be false or misleading.
Penalty:60 penalty units.
138Supreme Court—limitation of jurisdiction
It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court entertaining actions of a kind referred to in sections 105(2) and 106.
138ASupreme Court—limitation of jurisdiction
It is the intention of section 105(2) (as amended by section 7(2) of the Livestock Disease Control (Amendment) Act 2003) to alter or vary section 85 of the Constitution Act 1975.
PART 9—REGULATIONS
139Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)regulating and fixing, for the purpose of preventing the introduction of disease into Victoria, the requirements for introducing livestock into Victoria;
(b)the inspection of livestock introduced into Victoria;
(ba)providing for the inspection or examination of livestock by persons handling livestock, the recording of the results of the inspection or examination by those persons together with any identification codes or numbers required by or under this Act to be tagged, marked or branded on the livestock or a device attached to or inserted in the livestock and the forwarding of those results and codes or numbers to the Secretary;
(bb)the requirements for applying for authorisation under section 9C;
(bc)requiring and providing for—
(i)the recording of information in the manner specified by the Secretary about the movement of livestock and the identification of the livestock (including identification required by section 9 or 9A); and
(ii)the forwarding of that information to the Secretary or a person nominated by the Secretary in the manner, or by the method of transmission, required by the Secretary;
(bd)prohibiting or regulating the destruction, removal or disposal of tags, marks, brands or other devices for identifying livestock for the purposes of section 9 or 9A;
(be)regulating the return of used and unused tags, brands or other devices for identifying livestock for the purposes of section 9 or 9A;
(c)prescribing the conditions and restrictions under which any milk from a cow, goat, sheep or buffalo to which section 45 applies may be sold, used or disposed of;
(d)prohibiting or regulating the testing, vaccinating and inoculating of livestock and the use of any vaccine, serum or diagnostic agent;
(e)procedures relating to the approval of sires for semen collection;
(f)the prevention of the transmission of disease in the artificial breeding of livestock;
(fa)prescribing persons or bodies who may nominate a person or persons for the purposes of sections 79 and 79I;
(g)procedures for the valuation of any livestock, premises, livestock product, fodder, fittings or vehicle for the purposes of compensation;
(ga)the making and keeping of records for the purposes of this Act or the regulations including, but not limited to—
(i)the matters to be contained in records; and
(ii)the period for which records are to be kept; and
(iii)the manner in which records are to be kept; and
(iv)the provision of records to the Secretary;
(gb)the advertising or publishing of notices containing property identification codes or prescribed information in relation to the movement or sale of livestock for the purposes of this Act or regulations under this Act including, but not limited to—
(i)the matters to be contained in notices; and
(ii)the manner or place in which notices are to be advertised or published; and
(iii)the duration for which notices are to be advertised or published;
(h)any matter designed to prevent the introduction or spread of disease and to control and eradicate disease;
(i)generally, any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations—
(a)may be of general or limited application; and
(b)may differ according to differences in time, place or circumstances; and
(c)may leave any matter to be approved or determined by an inspector or the Secretary; and
(d)may confer powers or impose duties on any person; and
(e)may apply, adopt or incorporate by reference any document either—
(i)as in force at the date of the regulations or at any date before then or as amended and in force from time to time; or
(ii)wholly or in part or as amended by the regulations; and
(f)may require any application, return or other document to be verified by statutory declaration;
(g)may impose penalties not exceeding 40 penalty units for any contravention of the regulations.
(3)The regulations may be disallowed in whole or in part by resolution of either House of Parliament.
* * * * *
PART 10—REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS
* * * * *
* * * * *
143Transitional provisions
(1)Schedule 3 contains transitional provisions.
(2)Nothing in Schedule 3 affects or takes away from the Interpretation of Legislation Act 1984.
144Saving of records of cattle sales kept under Auction Sales Act 1958
(1)This section applies to a person who—
(a)was a licensed auctioneer immediately before 1 January 2002; and
(b)is a person to whom section 94A(1) or (2) applies.
(2)Subject to any regulations made for the purposes of section 94A or this section, a person to whom this section applies who kept a registry or book of cattle sales under section 35 of the Auction Sales Act 1958 immediately before its repeal must keep that registry or book available for inspection under this Act and for that purpose section 94A applies as if that registry or book were a record required to be kept under that section.
145Transitional provision—Primary Industries Legislation Amendment Act 2009
Section 35(1) as amended by section 88 of the Primary Industries Legislation Amendment Act 2009 does not apply to an importation order under section 32 in force immediately before the commencement of section 88 of that Act.
146Transitional provision—Primary Industries Legislation Amendment Act 2009
Despite the repeal of section 46 by section 90 of the Primary Industries Legislation Amendment Act 2009, any licence fee paid before the commencement of section 90 of that Act for a licence under section 46 that was in force immediately before that commencement is not refundable to the holder of that licence.
147Transitional provision—Primary Industries Legislation Amendment Act 2010
Any money which was, immediately before the commencement of section 29 of the Primary Industries Legislation Amendment Act 2010, standing to the credit of the Fund kept in the Public Account as part of the Trust Fund and known as the Bees Compensation Fund is on the commencement of that section transferred to the Honey Bee Compensation and Industry Development Fund.
148Transitional provisions—Primary Industries Legislation Amendment Act 2010
(1)The Cattle Compensation Advisory Committee as constituted immediately before the commencement of section 31 of the Primary Industries Legislation Amendment Act 2010 is abolished, and its members go out of office, on and from that commencement.
(2)The Sheep and Goat Compensation Advisory Committee as constituted immediately before the commencement of section 33 of the Primary Industries Legislation Amendment Act 2010 is abolished, and its members go out of office, on and from that commencement.
149Transitional provision—Primary Industries Legislation Amendment Act 2014
The Apicultural Industry Advisory Committee is taken to be the same body despite the changes relating to its membership made by section 21 of the Primary Industries Legislation Amendment Act 2014.
150Transitional provisions—Agriculture Legislation Amendment Act 2022
(1)An Order referred to in section 42(2) (as in force immediately before the commencement of section 112 of the amending Act) that was in effect immediately before that commencement remains in effect after that commencement as if it had been made under section 42(2) as substituted by that Act.
(2)An application under section 48 for registration as a beekeeper that was made but not decided before the commencement of section 116 of the amending Act is to be determined after that commencement in accordance with section 48(2) as in force immediately before that commencement.
(3)An application under section 79HA that was made but not decided before the commencement of section 124 of the amending Act is to be determined after that commencement in accordance with section 79HB as in force immediately before that commencement.
(4)A person who was a member of a Committee immediately before the relevant commencement day remains a member of the Committee on and after that day for the remainder of their term of appointment in accordance with their terms and conditions of appointment, unless the person is removed from office earlier by the Minister.
(5)The amendment of section 97 by section 128 of the amending Act applies only in relation to applications referred to in section 97 that are made on or after the commencement of section 128 of the amending Act.
(6)A notice in force under section 104(1) immediately before the commencement of section 133 of the amending Act continues in effect on and after that commencement, as if it were a notice made under section 104(1) as substituted by section 133 of the amending Act.
(7)In this section—
amending Act means the Agriculture Legislation Amendment Act 2022;
Committee means—
(a)the Apicultural Industry Advisory Committee; or
(b)the Cattle Compensation Advisory Committee; or
(c)the Sheep and Goat Compensation Advisory Committee; or
(d)the Swine Industry Projects Advisory Committee;
relevant commencement day means—
(a)in relation to the Apicultural Industry Advisory Committee, the day on which section 120 of the amending Act comes into operation; or
(b)in relation to the Cattle Compensation Advisory Committee, the day on which section 122 of the amending Act comes into operation; or
(c)in relation to the Sheep and Goat Compensation Advisory Committee, the day on which section 125 of the amending Act comes into operation; or
(d)in relation to the Swine Industry Projects Advisory Committee, the day on which section 127 of the amending Act comes into operation.
151Transitional provisions—Biosecurity Legislation Amendment (Incident Response) Act 2024
(1)The amendments made to Division 1 of Part 5 by Division 2 of Part 2 of the amending Act do not apply in respect of any application for compensation under Division 1 of Part 5 received by the Secretary before the commencement of Division 2 of Part 2 of the amending Act.
(2)Section 65A(1) as inserted by section 11 of the amending Act does not apply in respect of an amount of compensation paid to an owner under Division 1 of Part 5 before the commencement of section 11 of the amending Act.
(3)In this section—
amending Act means the Biosecurity Legislation Amendment (Incident Response) Act 2024.
SCHEDULES
SCHEDULE 1—MEMBERSHIP AND PROCEDURE OF COMMITTEES
Sections 70, 79, 87
1Definition
In this Schedule—
Committee means—
(a)the Apicultural Industry Advisory Committee; or
(b)the Cattle Compensation Advisory Committee; or
(c)the Swine Industry Projects Advisory Committee; or
(d)the Sheep and Goat Compensation Advisory Committee.
2Terms of appointment
(1)A member of a Committee holds office for a term, not exceeding 3 years, specified in the instrument of his or her appointment.
(2)A member of a Committee is eligible for re-appointment.
(3)The instrument of appointment of a member of a Committee may specify terms and conditions of appointment.
3Remuneration
A member of a Committee who is not a full-time employee of the public service is entitled to receive the fees and travelling and other allowances from time to time fixed by the Minister in respect of that member.
3AChairperson
(1)The Minister must appoint one of the members of a Committee to be the chairperson of the Committee.
(2)The appointment may be made in the instrument of appointment of the member or by any subsequent instrument.
4Vacancies
The office of a member becomes vacant if—
(a)the member becomes incapable of performing the functions of member;
(b)the member resigns in writing delivered to the Minister;
(c)the member is removed from office by the Minister;
(d)the member becomes bankrupt;
(e)the member is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence;
(f)the member is absent from 3 consecutive meetings of the Committee without leave granted by the Minister.
5Application of Public Administration Act 2004
The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of a Committee in respect of the office of member.
6Validity of decisions
An act or decision of a Committee is not invalid only because of—
(a)a vacancy in the office of a member; or
(b)a defect or irregularity in the appointment of a member.
6AQuorum
The quorum of a Committee is a majority of the members for the time being.
7Proceedings of Committee
Subject to this Act, the Committee may regulate its own proceedings.
* * * * *
SCHEDULE 3—TRANSITIONAL PROVISIONS
1Former committee
On the commencement of this clause the Swine Industry Projects Advisory Committee is abolished and its members go out of office.
2Former Trust Fund
Any money which was, immediately before the commencement of this clause, standing to the credit of the fund kept in the Public Account as part of the Trust Fund and known as the "Foot and Mouth Disease Eradication Fund" is on the commencement of this clause transferred to the Exotic Diseases Fund.
3Licences, registrations and approvals
(1)A licence in force under the Stock (Artificial Breeding) Act 1962 or the Stock Diseases Act 1968 immediately before the commencement of this clause continues as if granted under this Act for the balance of the licence period and may be renewed, revoked or suspended accordingly.
(2)A registration in force under the Bees Act 1971, immediately before the commencement of this clause, continues as if granted under this Act for the balance of the registration period and may be renewed, revoked or suspended accordingly.
(3)An approval of a sire in force under the Stock (Artificial Breeding) Act 1962, immediately before the commencement of this clause, continues as if granted under this Act for the balance of the period of approval and may be renewed, revoked or suspended accordingly.
(4)Without limiting any other power to revoke a licence, registration or approval, the Secretary may serve on the licensee, or the holder of the registration or approval notice of cancellation of the licence, registration or approval referred to in this clause in order to enable a new licence, registration or approval to be issued under this Act.
(5)A licence, registration or approval is revoked by force of this section on the 14th day after the date of service on the licensee or the holder of the approval or registration of notice under subclause (4).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 15 November 1994
Legislative Council: 8 December 1994
The long title for the Bill for this Act was "A Bill to provide for the monitoring and control of livestock diseases and to provide compensation for losses caused by certain livestock diseases, to repeal the Bees Act 1971, the Cattle Compensation Act 1967, the Stock (Artificial Breeding) Act 1962, the Stock Diseases Act 1968 and the Swine Compensation Act 1967, to amend the Stamps Act 1958 and to make consequential amendments to various Acts and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 15 November 1994
Legislative Council: 8 December 1994
Absolute majorities:
Legislative Assembly: 7 December 1994
Legislative Council: 14 December 1994
The Livestock Disease Control Act 1994 was assented to on 20 December 1994 and came into operation as follows:
Sections 1, 2 on 20 December 1994: section 2(1); rest of Act (except sections 92(2), 93(2) and (4)) on 20 December 1995: section 2(3).
Section 93(2) and (4) never proclaimed, repealed by No. 84/2008 s. 33.
Section 92(2) on 1 July 2010: Government Gazette 17 June 2010 page 1221.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Livestock Disease Control Act 1994 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Fisheries Act 1995, No. 92/1995
Assent Date: 5.12.95 Commencement Date: S. 161(Sch. 2 item 3) on 1.4.98: Government Gazette 26.2.98 p. 418 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995
Assent Date: 5.12.95 Commencement Date: 1.1.96: s. 2 CurrentState: All of Act in operation
Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996
Assent Date: 17.12.96 Commencement Date: Ss 31–48 on 17.12.96: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Livestock Disease Control (Amendment) Act 1997, No. 25/1997
Assent Date: 20.5.97 Commencement Date: Pt 1 (ss 1, 2) on 20.5.97: s. 2(1); rest of Act on 1.7.97: Government Gazette 26.6.97 p. 1432 CurrentState: All of Act in operation
Veterinary Practice Act 1997, No. 58/1997
Assent Date: 28.10.97 Commencement Date: S. 96(Sch. item 6) on 17.3.98: Government Gazette 12.3.98 p. 520 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 53) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Livestock Disease Control (Amendment) Act 1998, No. 83/1998
Assent Date: 17.11.98 Commencement Date: Ss 3, 5, 12 on 17.11.98: s. 2(1); ss 4, 11 on 1.4.99: Government Gazette 1.4.99 p. 763; ss 6–10 on 30.6.99: s. 2(3) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
National Taxation Reform (Consequential Provisions) Act 2000, No. 6/2000
Assent Date: 11.4.00 Commencement Date: S. 35 on 12.4.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Dairy Act 2000, No. 37/2000
Assent Date: 6.6.00 Commencement Date: S. 70 on 30.9.00: Government Gazette 28.9.00 p. 2375 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 73.1) on 20.12.94: s. 2(2)(o); s. 3(Sch. 1 item 73.2) on 22.11.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Duties Act 2000, No. 79/2000
Assent Date: 28.11.00 Commencement Date: S. 285(Sch. 1 item 3) on 1.7.01: s. 2 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Auction Sales (Repeal) Act 2001, No. 84/2001
Assent Date: 11.12.01 Commencement Date: S. 7 on 1.1.02: s. 2(2) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Livestock Disease Control (Amendment) Act 2001, No. 89/2001
Assent Date: 11.12.01 Commencement Date: Ss 4–14, 16–18(a), 19 on 1.1.02: Government Gazette 20.12.01 p. 3127; s. 18(b) on 1.7.02: s. 2(2); s. 15 on 23.5.03: Government Gazette 22.5.03 p. 1178 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Fisheries (Amendment) Act 2003, No. 56/2003
Assent Date: 16.6.03 Commencement Date: S. 11(Sch. item 9) on 17.6.03: s. 2 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Livestock Disease Control (Amendment) Act 2003, No. 57/2003
Assent Date: 16.6.03 Commencement Date: Ss 3–9 on 17.6.03: s. 2 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004
Assent Date: 19.10.04 Commencement Date: Ss 46, 47 on 20.10.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 116) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 29) on 1.7.06: Government Gazette 29.6.06 p. 1315 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 62) on 11.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Livestock Disease Control Amendment Act 2007, No. 7/2007 (as amended by No. 40/2019)
Assent Date: 23.4.07 Commencement Date: Ss 3–5, 9 on 24.4.07: s. 2(1); ss 6–8 never proclaimed, repealed by No. 40/2019 s. 103(c) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
State Taxation Acts Further Amendment Act 2008, No. 84/2008
Assent Date: 11.12.08 Commencement Date: Ss 22–30 on 1.1.09: s. 2(3); ss 31–34 on 1.7.09: s. 2(4); ss 35, 36 on 1.7.10: Government Gazette 17.6.10 p. 1221 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Primary Industries Legislation Amendment Act 2009, No. 35/2009 (as amended by No. 36/2009)
Assent Date: 30.6.09 Commencement Date: Ss 76–105 on 1.7.09: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 79) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Primary Industries Legislation Amendment Act 2010, No. 48/2010
Assent Date: 24.8.10 Commencement Date: Ss 15–17, 19–30, 32, 34–43(3), 44, 46 on 1.10.10: Government Gazette 30.9.10 p. 2286; ss 18, 31, 33, 43(4), 45 on 30.11.12: s. 2(2) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Subordinate Legislation Amendment Act 2010, No. 78/2010
Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 17) on 1.1.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Statute Law Revision Act 2011, No. 29/2011
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 53) on 22.6.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
State Taxation Acts Further Amendment Act 2011, No. 69/2011
Assent Date: 29.11.11 Commencement Date: Ss 42–47 on 30.11.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Primary Industries and Food Legislation Amendment Act 2012, No. 60/2012
Assent Date: 23.10.12 Commencement Date: S. 72(2) on 24.10.12: s. 2(1); ss 17−30 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013
Assent Date: 13.3.13 Commencement Date: Ss 31, 32 on 14.3.13: s. 2 CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 26) on 1.12.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Emergency Management Act 2013, No. 73/2013
Assent Date: 3.12.13 Commencement Date: S. 95 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 Current State: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 97) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Primary Industries Legislation Amendment Act 2014, No. 71/2014
Assent Date: 30.9.14 Commencement Date: Ss 17–23 on 1.7.15: s. 2(3) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016
Assent Date: 5.4.16 Commencement Date: S. 27 on 1.12.16: s. 2(2) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Livestock Disease Control Amendment Act 2016, No. 49/2016
Assent Date: 20.9.16 Commencement Date: Ss 3, 5, 11, 12 on 1.1.17: Special Gazette (No. 368) 29.11.16 p. 1; ss 4, 6–10 on 1.3.17: s. 2(2) CurrentState: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 78) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Primary Industries Legislation Amendment Act 2019, No. 40/2019
Assent Date: 6.11.19 Commencement Date: Ss 51, 55–57 on 17.12.19: Special Gazette (No. 537) 17.12.19 p. 2; ss 49, 50, 52–54, 58, 59 on 1.2.20: s. 2(2) Current State: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: Ss 388, 390(Sch. 1 item 63) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 Current State: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Public Health and Wellbeing Amendment Act 2022, No. 15/2022
Assent Date: 12.4.22 Commencement Date: S. 26 on 15.2.23: s. 2(3) Current State: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Agriculture Legislation Amendment Act 2022, No. 22/2022
Assent Date: 15.6.22 Commencement Date: Ss 108–111, 116–134, 136–144 on 1.10.22: Special Gazette (No. 506) 27.9.22 p. 1; ss 112–115, 135 on 5.4.23: s. 2(2) Current State: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
Biosecurity Legislation Amendment (Incident Response) Act 2024, No. 1/2024
Assent Date: 13.2.24 Commencement Date: Ss 5−13, 17−49, 51−59 on 22.4.24: Special Gazette (No. 182) 16.4.24 p. 1; ss 3, 4, 14–16, 50 on 1.10.24: s. 2(2) Current State: This information relates only to the provision/s amending the Livestock Disease Control Act 1994
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3 Explanatory details
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