Livestock Disease Control Amendment Regulations 2020 (Vic)

Livestock Disease Control Amendment Regulations 2020

S.R. No. 1/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Part 3 heading amended

6Prescribed period within which livestock agent to give vendor declaration or livestock agent declaration to new owner

7Regulation 11 revoked

8Regulation 12 substituted

9Regulation 13 substituted

10New regulation 14A inserted

11Infringement penalties for offences against the Act

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Endnotes

STATUTORY RULES 2020

S.R. No. 1/2020

Livestock Disease Control Act 1994

Livestock Disease Control Amendment Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 29 January 2020

Responsible Minister:

JACLYN SYMES
Minister for Agriculture

ANDREW ROBINSON

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Livestock Disease Control Regulations 2017 to make consequential amendments to those Regulations arising from amendments made by the Primary Industries Legislation Amendment Act 2019 to the Livestock Disease Control Act 1994.

2Authorising provision

These Regulations are made under section 139 of the Livestock Disease Control Act 1994.

3Commencement

These Regulations come into operation on 1 February 2020.

4Principal Regulations

In these Regulations, the Livestock Disease Control Regulations 2017[1] are called the Principal Regulations.

5Part 3 heading amended

In the heading to Part 3 of the Principal Regulations, after "vendor declarations" insert "and livestock agent declarations".

6Prescribed period within which livestock agent to give vendor declaration or livestock agent declaration to new owner

In the heading to regulation 10 of the Principal Regulations, after "vendor declaration" insert "or livestock agent declaration".

7Regulation 11 revoked

Regulation 11 of the Principal Regulations is revoked.

8Regulation 12 substituted

For regulation 12 of the Principal Regulations substitute—

"12     Prescribed period for owner of livestock or livestock agent to keep a vendor declaration or livestock agent declaration given to a new owner

For the purposes of section 8A(7) of the Act, the prescribed period is—

(a)in the case of pigs, 2 years; and

(b)in the case of sheep or goats—

(i)if a copy of the vendor declaration or livestock agent declaration is kept by the NLIS, the period between the date the vendor declaration or livestock agent declaration was given to the new owner and the giving of the copy to the NLIS; or

(ii)in any other case—

(A)if the vendor declaration is given by an owner of livestock under section 8A(3) of the Act, 7 years; or

(B)if the vendor declaration or livestock agent declaration is given by a livestock agent under section 8A(6) of the Act, 2 years; and

(c)in the case of cattle—

(i)if the vendor declaration is given by an owner of livestock under section 8A(3) of the Act, 7 years; or

(ii)if the vendor declaration or livestock agent declaration is given by a livestock agent under section 8A(6) of the Act, 2 years.".

9Regulation 13 substituted

For regulation 13 of the Principal Regulations substitute—

"13   Prescribed period for person to keep vendor declaration or livestock agent declaration

For the purposes of section 8A(8) of the Act, the prescribed period is—

(a)in the case of pigs, 2 years; and

(b)in the case of cattle, sheep or goats—

(i)for a new owner, 7 years; or

(ii)for any other person, 2 years.".

10New regulation 14A inserted

After regulation 14 of the Principal Regulations insert—

"14A    Prescription of livestock agent declaration and particulars

For the purposes of the definition of livestock agent declaration in section 8A(9) of the Act, in the case of cattle, pigs, sheep or goats consigned to an abattoir, the prescribed document is a document (a post‑sale summary) containing the following particulars—

(a)the date of sale of the livestock;

(b)the number of livestock in the sale lot;

(c)the serial number on any vendor declaration accompanying the livestock;

(d)the property identification code identifying the property from which the livestock were dispatched;

(e)the property identification code identifying the property to which the livestock will be dispatched;

(f)in the case of livestock sold through a saleyard, the property identification code identifying the saleyard;

(g)whether the livestock are vendor bred, and if not, the period of time that the livestock were kept on the property from which they were dispatched;

(h)in the case of sheep or goats that are not vendor bred, and are not identified with a NLIS device, or a NLIS ear tag applied by the vendor, the property identification codes recorded on the vendor declaration in accordance with regulation 23(1)(d);

(i)for every sheep or goat identified with a NLIS device, the first 8 visually readable characters on the NLIS device if it is not identifying the property from which the sheep or goat was dispatched.".

11Infringement penalties for offences against the Act

(1)In the heading to regulation 112 of the Principal Regulations, after "Infringement" insert "penalties for".

(2)In regulation 112(b) of the Principal Regulations, after "section 6(4)," insert "8A(4), 8A(7), 8A(8), 16(2A), 16(2B),".

(3)In regulation 112(c) of the Principal Regulations, after "section" insert "8A(1), 8A(3), 8A(5), 8A(6),".

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Endnotes

[1] Reg. 4: S.R. No. 57/2017 as amended by S.R. Nos 118/2018, 171/2018 and 42/2019.