Livestock Disease Control (Amendment) Act 2001 (Vic)

Livestock Disease Control (Amendment) Act 2001

Act No. 89/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Exemptions by Order in Council	2
5.	Identification of livestock	3
6.	New section 9A substituted	3

9A. Permanent identification of livestock 3

7.	Property identification numbers	5
8.	Use of tags, marks, brands or identification devices	5
9.	Entry of livestock in Victoria	6
10.	Period of effect of orders declaring control areas	7
11.	Controls on cattle and pigs on sewage land	7
12.	Secretary's approval required for slaughter of cattle at an abattoir	8
13.	New heading inserted in Part 6	9
14.	Records of sales and purchases	9
15.	New section 94B inserted	9

94B. Notification about livestock slaughter or disposal 9

16. New section 96B inserted 10

96B. Evidence of ownership of livestock 10

17.	New section 115A inserted	10
115A. Identification notice	11
18.	Infringement Notices	12
19.	Regulations	12

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ENDNOTES 14

i

Victoria

No. 89 of 2001

Livestock Disease Control (Amendment)

Act 2001†

[Assented to 11 December 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Livestock Disease Control Act 1994 to provide for the permanent identification of cattle and other livestock and for other matters relating to the monitoring and control of livestock diseases.

2. Commencement

Livestock Disease Control (Amendment) Act 2001

s. 2 Act No. 89/2001

(1) Subject to this section, this Act comes into

operation on a day or days to be proclaimed.

(2) If a provision of this Act, other than section 15,

has not come into operation before 1 July 2002, it
comes into operation on that day.

(3) If section 15 has not come into operation before 1 January 2005, it comes into operation on that day.

3. Principal Act

See:

Act No.	In this Act, the Livestock Disease Control Act
115/1994.	1994 is called the Principal Act.
Reprint No. 4 as at 1 July 2001. LawToday: dpc.vic. gov.au

4. Exemptions by Order in Council

After section 6(3) of the Principal Act insert—

"(3A) Without affecting sub-section (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 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 section (3A)—

(a)	may specify the period during which the Order is to remain in force;
(b)	unconditional or operates in

may provide that its operation is in the Order or is subject to any terms

Livestock Disease Control (Amendment) Act 2001

Act No. 89/2001	s. 5
and conditions that are specified in the Order.".

5. Identification of livestock

In section 9 of the Principal Act—

(a)	before "prescribed livestock" (wherever occurring) insert "cattle or";
(b)	for "the livestock" substitute "the cattle or the livestock";
(c)	after "identified" insert "in accordance with section 9A and".

6. New section 9A substituted

For section 9A of the Principal Act substitute—

"9A. Permanent 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(a), (b), (c) or (d); 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 an identification code allocated by the Secretary under section 9B comprising a combination of letters or numbers or both that identifies the property of birth of the cattle or livestock or the property where the cattle or livestock is kept; and

Livestock Disease Control (Amendment) Act 2001

s. 6 Act No. 89/2001

(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: 5 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 sub-section (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: 5 penalty units.

(3) Without limiting sub-section (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 identification code allocated by the Secretary under section 9B and the number that identifies the individual cattle or livestock.

Livestock Disease Control (Amendment) Act 2001

Act No. 89/2001 s. 7

(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.".

7. Property identification numbers

(1) In section 9B of the Principal Act, for sub-section

(1) substitute—
"(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 of birth of the cattle or livestock or
the place where the cattle or livestock is to
be kept.
Penalty: 5 penalty units.

(1A) The Secretary must determine at the time of allocating a code whether the code identifies the property of birth of the cattle or livestock or the place where the cattle or livestock is to be kept.".

(2) In section 9B(4) of the Principal Act, omit

"between 1 and 3 years".

8. Use of tags, marks, brands or identification devices

(1) In section 9C of the Principal Act—

(a)	for "or branding" substitute ", branding or identification";
(b)	after "those purposes" insert "or that contains a code allocated by the Secretary under section 9B".

Livestock Disease Control (Amendment) Act 2001

s. 9 Act No. 89/2001

(2) At the end of section 9C of the Principal Act

insert—

"(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: 5 penalty units.

(3) Sub-section (2) does not apply to a tag,

mark, brand or a device that does not

identify the individual livestock.".

9. Entry of livestock in Victoria

(1) In section 10 of the Principal Act, for sub-section

(1) substitute—
"(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:  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.".

(2) After section 10(3) of the Principal Act insert—

"(4) The Secretary may—

(a) in writing authorise the bringing into Victoria of any diseased livestock or

Livestock Disease Control (Amendment) Act 2001

Act No. 89/2001	s. 10
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.".

10. Period of effect of orders declaring control areas

In section 29 of the Principal Act, for sub-section
(5) substitute—
"(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 the Government Gazette.".

11. Controls on cattle and pigs on sewage land

(1) In section 43(2) of the Principal Act, for "except with the approval of the Secretary" substitute "except in accordance with the approval of the Secretary and the conditions (if any) attached to

that approval".

(2) After section 43(4) of the Principal Act insert—

"(5) The Secretary may grant an approval for the

purposes of sub-section (2) if satisfied that
the feeding of the crops or pasture is unlikely
to lead to the transmission of disease from
the livestock to humans and may impose any

conditions on that approval.

(6) The Secretary must have regard to the

following matters before granting an
approval under sub-section (2)—

Livestock Disease Control (Amendment) Act 2001

s. 12 Act No. 89/2001

(a)	the purpose or intended use of the cattle or pigs to be fed the pasture or crops; and
(b)	tagged, marked, branded or identified

whether the cattle or pigs will be being moved from the place where they were fed the pasture or crops; and

(c)	the measures taken, or to be taken, to limit the movement of the cattle or pigs; and
(d)	the measures taken, or to be taken, to limit the exposure of the cattle or pigs to infection by zoonotic organisms.".

12.  Secretary's approval required for slaughter of cattle at an abattoir

(1) In section 44(1)(c) of the Principal Act, after

"1993" insert "in accordance with the approval of the Secretary and the conditions (if any) attached to that approval".

(2) After section 44(2) of the Principal Act insert—

"(3) The Secretary may grant an approval for the

purposes of sub-section (1)(c) if satisfied that
the removal of the cattle for immediate
slaughter at an abattoir is unlikely to lead to
the transmission of disease from the cattle to
humans and may impose any conditions on

that approval.

(4) The Secretary must have regard to the

following matters before granting an

approval under sub-section (3)—

(a) whether the cattle have been or will be tagged, marked, branded or identified in accordance with this Act before

Livestock Disease Control (Amendment) Act 2001

Act No. 89/2001	s. 13
being moved from the place where they were grazing; and

(b) the measures taken, or to be taken, to limit the cattle's exposure to infection by zoonotic organisms.".

13. New heading inserted in Part 6

For the heading to Part 6 substitute—

"PART 6—STAMP DUTY AND RECORDS".

14. Records of sales and purchases

(1) In section 94A(1) of the Principal Act for "sale of that livestock" substitute "livestock sold".

(2) In section 94A(2) of the Principal Act—

(a) after "approved agent" insert "or a person who carries on business as an abattoir operator, knackery, saleyard operator, a stock and station agent or any other prescribed business that involves the purchasing of livestock";

(b) omit "on the approved agent's own behalf";

(c) for "purchase of that livestock" substitute "livestock purchased".

15. New section 94B inserted

After section 94A of the Principal Act insert—

"94B. Notification about livestock slaughter or

disposal

The operator of an abattoir or knackery must—

(a) at the time of the slaughter or disposal of cattle or prescribed livestock at the abattoir or knackery, make a record of

Livestock Disease Control (Amendment) Act 2001

s. 16	Act No. 89/2001
the slaughter or disposal that includes—

(i)  the date of the slaughter or disposal;

(ii) Secretary under section 9B to the

details of the code allocated by the slaughtered or disposed of;

(iii)  details of the number identifying the individual livestock;

(iv) any other prescribed information;
and

(b) within 7 days after the slaughter or disposal or any lesser period specified by the Secretary by notice published in the Government Gazette, notify the Secretary or a person nominated by the Secretary by a method approved by the Secretary of the details set out in paragraph (a).

Penalty: 5 penalty units.".

16. New section 96B inserted

After section 96A of the Principal Act insert—

'96B. Evidence of ownership of livestock A person ("the agent") must not sell livestock prescribed for the purposes of

section 94B on behalf of another person unless that other person is known to the agent or has provided evidence to the agent
that the other person is the owner of the
livestock.

Penalty: 5 penalty units.'.

17. New section 115A inserted

Livestock Disease Control (Amendment) Act 2001

Act No. 89/2001 s. 17

In Division 2 of Part 8 of the Principal Act, after section 115 insert—

"115A. Identification notice

(1) An inspector who believes on reasonable

grounds that any livestock is infected with a
disease or that the livestock may become
infected with a disease, by notice in writing
to the owner or person in charge of the

livestock, may require that person to—

(a)	tag or mark the livestock with identification of the livestock and the disease or suspected disease in the manner specified by the inspector in the notice; and
(b)	and marked in that manner in the

ensure that the livestock remain tagged inspector in the notice.

(2) An inspector who believes on reasonable

grounds that any livestock should be tagged,
marked, branded or otherwise identified in
accordance with section 9 or 9A, by notice in
writing to the owner or person in charge of

the livestock, may require that person to—

(a)	tag, mark, brand or identify the livestock in the manner specified by the inspector in the notice; and
(b)	marked, branded or identified in that

ensure that the livestock remain tagged, by the inspector in the notice.

(3) A person must not contravene any

provision of an identification notice under
sub-section (1).

Livestock Disease Control (Amendment) Act 2001

s. 18 Act No. 89/2001

Penalty:  In the case of a notice with respect
to an exotic disease, 120 penalty
units.
In any other case, 60 penalty
units.

(4) A person must not contravene any

provision of an identification notice under
sub-section (2).

Penalty: 5 penalty units.".

18. Infringement Notices

In section 126 of the Principal Act—

(a) after "9B," insert "9C,";

(b) for "or 94A" substitute ", 94A, 94B or 96B".

19. Regulations

In section 139(1) of the Principal Act—

(a)	in paragraph (ba), after "the livestock" insert "or a device attached to or inserted in the livestock";
(b)	after paragraph (bb) insert— "(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)	to the Secretary or a person nominated by the Secretary in the manner, or by the method of

the forwarding of that information Secretary;

Livestock Disease Control (Amendment) Act 2001

Act No. 89/2001 s. 19

(bd) prohibiting or regulating the destruction

or disposal of tags, marks, brands or
other devices for identifying livestock
for the purposes of section 9 or 9A;".

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Livestock Disease Control (Amendment) Act 2001

Endnotes Act No. 89/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 11 October 2001

Legislative Council: 29 November 2001

The long title for the Bill for this Act was "to amend the Livestock
Disease Control Act 1994 and for other purposes."