Livestock Disease Control Amendment Regulations 2024 (Vic)
Livestock Disease Control Amendment Regulations 2024
S.R. No. 5/2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Notification of diseases
7Prescribed particulars to be included in vendor declaration by first owner
8Prescription of livestock agent declaration and particulars
9Regulation 15 substituted
10Prescribed manner of identification for cattle
11Regulation 20 substituted
12Regulation 23 revoked
13Regulation 24 substituted
14Unidentified sheep or goat—unsafe circumstances
15Regulation 26 substituted
16Regulation 30 revoked
17Pigs less than 25 kg may be identified with temporary tags
18Pigs may be identified with temporary tattoos
19Cattle may be identified with temporary tags
20Non-functioning identification device or tag may be removed
21Disposal of removed NLIS device or NLIS ear tag
22NLIS device not to be re-used without authority
23Applications for property identification code
24NLIS tags and devices are specific to property
25Tags, devices and tattoo brands to be returned where livestock no longer kept at property
26Carcase to remain identified until tests carried out
27Owner must forward certificate to Secretary
28Consignee to retain copy of certificate
29Regulation 53 amended
30Regulation 55 revoked
31Offence to feed pollen not irradiated to bees
32Requirement to vaccinate for Newcastle disease
33Restrictions on the use of vaccines for certain diseases
34Keeping of babesiosis vaccinated livestock in Victoria prohibited
35Notice to Secretary
36Identification of cattle vaccinated for Johne's disease
37Treatment of dairy produce for use as livestock food
38Handling and use of exotic disease agents
39New Division 3A of Part 8 inserted
40Visual examination of hives for disease
41Testing of hives for arthropod bee disease
42Testing for the presence of American foulbrood disease
43Action taken to control disease in a hive
44Hives that no longer contain a colony of bees
45Action taken to strengthen a weak hive
46Abandonment of hives
47Bees, hives and beekeeping fittings no longer required for beekeeping
48Offence to sterilise or destroy hives or beekeeping fittings infected with American foulbrood disease before notifying an inspector
49Sale or use of hives or beekeeping fittings that have been infected with American foulbrood disease
50Offence to wax dip certain items that have been infected with American foulbrood disease
51Offence to use antibiotics to treat hives infected with American foulbrood disease
52Construction of hives
53Swarm catch boxes
54Bees to have access to water
55Records to be kept in relation to beekeeping
56Regulation 77 revoked
57Regulation 78 revoked
58Regulation 84A substituted
59Definitions
60Auctioneer or selling agent of pigs, sheep or goats at a saleyard to record and forward information
61Offence to record, provide or forward false information
62Disclosure of identification information
63Prescribed Acts
64Regulation 111 substituted
65Infringement penalties for offences against the Act
66Schedule 2—Notification of diseases
67Schedule 3—Identification tags and tattoos for livestock
68Schedule 4—Introduction of cattle into Victoria from Queensland, Western Australia or the Northern Territory
69Schedule 5—Introduction of pigs into Victoria from any area of Western Australia or Queensland North of the Tropic of Capricorn or the Northern Territory
70Schedule 6—Introduction of bees, bee products, fodder or used beekeeping fittings into Victoria
71Schedule 7—Introduction of honey, beeswax, pollen or used beekeeping fittings from a hive affected by American foulbrood disease into Victoria
72Schedule 10—Prescribed Acts of the Commonwealth and States and Territories of the Commonwealth
═════════════
Endnotes
STATUTORY RULES 2024
S.R. No. 5/2024
Livestock Disease Control Act 1994
Livestock Disease Control Amendment Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 6 February 2024
Responsible Minister:
ROS SPENCE
Minister for AgricultureANGELA SMITH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Livestock Disease Control Regulations 2017—
(a)to provide for matters consequential to the commencement of the Agriculture Legislation Amendment Act 2022; and
(b)to amend the requirements in relation to the identification of livestock; and
(c)to amend the requirements in relation to the introduction of livestock, livestock products, fodder or fittings into Victoria; and
(d)to amend the requirements in relation to the prevention of spread of disease; and
(e)to increase the penalty amounts for certain offences; and
(f)to amend the list of diseases that require notification; and
(g)to make other miscellaneous amendments to update and improve the operation of these Regulations.
2Authorising provision
These Regulations are made under section 139 of the Livestock Disease Control Act 1994.
3Commencement
These Regulations come into operation on 7 February 2024.
4Principal Regulations
In these Regulations, the Livestock Disease Control Regulations 2017[1] are called the Principal Regulations.
5Definitions
In regulation 5 of the Principal Regulations—
(a)in the definition of ANZSDP, for "Agriculture and Water Resources" substitute "Agriculture, Fisheries and Forestry";
(b)the definition of approved NLIS ear tag is revoked;
(c)in the definition ASDT, for "Agriculture and Water Resources" substitute "Agriculture, Fisheries and Forestry";
(d)in the definition of chief veterinary officer, for "Department of Economic Development, Jobs, Transport and Resources" substitute "Department";
(e)in the definition of corresponding law—
(i)paragraph (a)(i), (ii) and (iv) are revoked;
(ii)after paragraph (a)(viii) insert—
"(viiia)Biosecurity Act 2019 of Tasmania;";
(iii)in paragraph (a)(xi), for "Act" substitute "Act 2008";
(iv)in paragraph (b)(vii), for "Act" substitute "Act 1996";
(f)for the definition of Newcastle Disease Management Plan substitute—
'Newcastle Disease Management Plan means the document "National Newcastle Disease Management Plan" published by the Australian Animal Health Council Ltd (ACN 071 890 956) as published or amended from time to time;';
(g)in the definition of NLIS device, in paragraph (c), for "NLIS Limited (ABN 34 134 745 038)" substitute "Integrity Systems Company Limited (ABN 34 134 745 038)";
(h)in the definition of NLIS ear tag—
(i)for "sheep or a goat" (where first occurring) substitute "sheep, a goat or a pig";
(ii)in paragraph (b), for "sheep or a goat" substitute "sheep, a goat or a pig";
(iii)in paragraph (c), for "Meat and Livestock Australia Limited (ABN 39 081 678 364)" substitute "Integrity Systems Company Limited (ABN 34 134 745 038)";
(i)insert the following definition—
"pollen means pollen collected by or from bees;".
6Notification of diseases
For regulation 6(3) of the Principal Regulations substitute—
"(3)A person who has notified an inspector about a known or suspected disease under section 7(1) of the Act must retain any documents evidencing the disease notification for a period of 7 years from when the person gave the required notification.
Penalty:10 penalty units.
(4)A person who is required to notify an inspector about a known or suspected disease under section 7(1) of the Act must retain any documents giving rise to the knowledge or suspicion of the disease for a period of 7 years after the person was required to give the notification.
Penalty:10 penalty units.".
7Prescribed particulars to be included in vendor declaration by first owner
For regulation 8(d) of the Principal Regulations substitute—
"(d)in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), in addition to the matters referred to in paragraphs (a) and (b), the property identification codes on the NLIS ear tags.".
8Prescription of livestock agent declaration and particulars
For regulation 14A(h) of the Principal Regulations substitute—
"(h)in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), the property identification codes on the NLIS ear tags;".
9Regulation 15 substituted
For regulation 15 of the Principal Regulations substitute—
"15 Cattle, pigs, sheep and goats not to be slaughtered without movement documentation
(1)An abattoir operator must not slaughter cattle, pigs, sheep or goats unless—
(a)the abattoir operator has in the abattoir operator's possession, in relation to the ownership of the cattle, pigs, sheep or goats, a vendor declaration or a document provided to the abattoir operator under section 8A of the Act; and
(b)the cattle, pigs, sheep or goats are identified in accordance with section 9A of the Act.
Penalty:10 penalty units.
(2)Subregulation (1) does not apply if the slaughter of an animal is necessary to relieve the animal of unreasonable pain or suffering and the abattoir operator records—
(a)the property identification code of the property from which the animal was dispatched; or
(b)the name and address of the saleyard from which the animal was dispatched.".
10Prescribed manner of identification for cattle
(1)In regulation 17(2) of the Principal Regulations—
(a)for "A saleyard operator, selling agent or cattle scale operator who reasonably believes that cattle has not been identified in accordance with section 9 of the Act" substitute "If cattle has not been identified in accordance with section 9 of the Act, a saleyard operator, selling agent or cattle scale operator";
(b)for "identify cattle" substitute "identify the cattle".
(2)For the penalty at the foot of regulation 17(2) of the Principal Regulations substitute—
"Penalty:20 penalty units.".
11Regulation 20 substituted
For regulation 20 of the Principal Regulations substitute—
"20 Prescribed manner of identification for pigs
(1)For the purposes of section 9 of the Act, in respect of a pig that is less than 25 kilograms in weight, the prescribed manner is—
(a)if the pig is marked for identification on the property at which the pig was born, by means of a NLIS ear tag in the form of Part E of Schedule 3 and attached to an ear of the pig in accordance with the manufacturer's instructions; or
(b)if the pig is moved off the property of birth, by means of a NLIS ear tag in the form of Part EA of Schedule 3 and attached to an ear of the pig in accordance with the manufacturer's instructions, in addition to any other NLIS ear tag already attached to the pig.
(2)For the purposes of section 9 of the Act, in respect of a pig that is 25 kilograms or more in weight, the prescribed manner is—
(a)if the pig is marked for identification on the property at which the pig was born, by means of—
(i)a NLIS ear tag in the form of Part E of Schedule 3 and attached to an ear of the pig in accordance with the manufacturer's instructions; or
(ii)a readable tattoo in the form of Part F of Schedule 3 that must be located on the left shoulder of the pig; or
(b)if the pig is moved from the property of birth, by means of—
(i)a NLIS ear tag in the form of Part EA of Schedule 3 and attached to an ear of the pig in accordance with the manufacturer's instructions, in addition to any other NLIS ear tag already attached to the pig; or
(ii)a readable tattoo in the form of Part F of Schedule 3 located on the pig in the following sequential order—
(A)if there is no tattoo on the right shoulder of the pig, on the right shoulder of the pig; or
(B)if there is a tattoo on the right shoulder of the pig and no tattoo on the right rump of the pig, on the right rump of the pig; or
(C)if there are tattoos on the right shoulder and right rump of the pig and no tattoo on the left rump of the pig, on the left rump of the pig; or
(D)if there are tattoos on the right shoulder, right rump and left rump of the pig, on whichever of those locations the tattoo is likely to be the most clearly visible.".
12Regulation 23 revoked
Regulation 23 of the Principal Regulations is revoked.
13Regulation 24 substituted
For regulation 24 of the Principal Regulations substitute—
"24 Prescribed manner of identification for sheep and goats
(1)For the purposes of section 9 of the Act, in respect of a sheep or goat, the prescribed manner is—
(a)by means of a NLIS device in the form of Part I of Schedule 3 that is attached to an ear of the sheep or goat in accordance with the manufacturer's instructions and identifies the property at which the sheep or goat was born (breeder electronic tag); or
(b)in the case of a sheep or goat that has moved off the property of birth—
(i)if the sheep or goat is not identified with a NLIS device or identified with a NLIS device that is not functioning, by means of a NLIS device in the form of Part J of Schedule 3 that is attached to an ear of the sheep or goat in accordance with the manufacturer's instructions and identifies the property at which the sheep or goat is kept (post‑breeder electronic tag); or
(ii)if the sheep or goat has previously been identified with a breeder electronic tag, or a post-breeder electronic tag, and that tag remains attached to the sheep or goat and is functioning, by means of that tag.
(2)If a sheep or a goat has not been identified in accordance with section 9 of the Act, a saleyard operator or selling agent must make and keep for a period of 2 years a record of the use of a post-breeder electronic tag to identify the sheep or the goat that includes the following information—
(a)the relevant animal identifier;
(b)the date of use of the post-breeder electronic tag;
(c)the name of the person who attached the post-breeder electronic tag to the sheep or the goat;
(d)the property identification code of the property from which the sheep or goat originated;
(e)the total number of livestock in the consignment of which the sheep or the goat are a part.
Penalty:20 penalty units.".
14Unidentified sheep or goat—unsafe circumstances
In regulation 25 of the Principal Regulations—
(a)for "Regulation 23 or 24 (as the case requires) do" substitute "Regulation 24 does";
(b)in paragraphs (a) and (b) omit "23 or".
15Regulation 26 substituted
For regulation 26 of the Principal Regulations substitute—
"26 Unidentified sheep or goats—emergency circumstances
Regulation 24 does not apply in the circumstance of the dispatch by an owner during an emergency of a sheep or a goat that has not been identified if the owner, within 7 days of the dispatch occurring—
(a)notifies an inspector of the dispatch of the sheep or goat; and
(b)gives the following information to the Secretary in the manner specified by the Secretary—
(i)the property identification code of the property from which the sheep or the goat was dispatched;
(ii)the date of dispatch of the sheep or the goat;
(iii)the number of sheep or goats received at the destination property;
(iv)the unique serial number on any vendor declaration;
(v)the property identification code of the property of destination;
(vi)the name and address of the consignee (if known).".
16Regulation 30 revoked
Regulation 30 of the Principal Regulations is revoked.
17Pigs less than 25 kg may be identified with temporary tags
For the penalty at the foot of regulation 32(2) of the Principal Regulations substitute—
"Penalty:10 penalty units.".
18Pigs may be identified with temporary tattoos
For the penalty at the foot of regulation 33(2) of the Principal Regulations substitute—
"Penalty:10 penalty units.".
19Cattle may be identified with temporary tags
In regulation 34 of the Principal Regulations—
(a)in subregulation (1)(b)(iv)—
(i)after "unique" insert "serial";
(ii)for "cattle." substitute "cattle;";
(b)after subregulation (1)(b)(iv) insert—
"(v)the property identification code of the property of destination for the cattle.";
(c)at the foot of subregulation (2) insert—
"Penalty:10 penalty units.";
(d)in subregulation (3), for "as soon as practicable" substitute "within 2 working days";
(e)for the penalty at the foot of subregulation (3) substitute—
"Penalty:10 penalty units.".
20Non-functioning identification device or tag may be removed
For the penalty at the foot of regulation 35(1A) of the Principal Regulations substitute—
"Penalty:10 penalty units.".
21Disposal of removed NLIS device or NLIS ear tag
For the penalty at the foot of regulation 36 of the Principal Regulations substitute—
"Penalty:10 penalty units.".
22NLIS device not to be re-used without authority
For the penalty at the foot of regulation 37 of the Principal Regulations substitute—
"Penalty:10 penalty units.".
23Applications for property identification code
(1)In regulation 42(1)(b) of the Principal Regulations, for "Department of Economic Development, Jobs, Transport and Resources" substitute "Department".
(2)For regulation 42(2) of the Principal Regulations substitute—
"(2)For the purposes of section 9B(3)(b) of the Act, the following is the prescribed information—
(a)the name of the person making the application;
(b)the postal address, telephone number, facsimile number (if any) and email address of the person making the application;
(c)if the application is made by the person on behalf of a natural person—
(i)the name of the natural person; and
(ii)the postal address, telephone number, facsimile number (if any) and email address of the natural person;
(d)if the application is made by the person on behalf of a business—
(i)the name of the business; and
(ii)the ABN or ACN of the business; and
(iii)the postal address, telephone number, facsimile number (if any) and email address of the business;
(e)the name of the owner of the property;
(f)if the owner of the property changed in the 12 months before the application was made, the name and address of the former owner and the previous property identification code that was issued in relation to the property;
(g)the name of the person responsible for the husbandry of the livestock (if applicable);
(h)the type of property identification code that the person is applying for under section 9B of the Act;
(i)details of the property (including the shire, parish, rural address, council property number (if any) and grazing licence number (if applicable));
(j)the type and number of livestock on the property at the time of the application.".
24NLIS tags and devices are specific to property
For the penalty at the foot of regulation 43 of the Principal Regulations substitute—
"Penalty: 10 penalty units.".
25Tags, devices and tattoo brands to be returned where livestock no longer kept at property
For the penalty at the foot of regulation 44 of the Principal Regulations substitute—
"Penalty:10 penalty units.".
26Carcase to remain identified until tests carried out
For the penalty at the foot of regulation 45 of the Principal Regulations substitute—
"Penalty:20 penalty units.".
27Owner must forward certificate to Secretary
For regulation 47(2) of the Principal Regulations substitute—
"(2)An owner of bees, bee products, pollen or used beekeeping fittings who has completed a certificate in the manner prescribed under regulation 46(c) must give that certificate to the Secretary—
(a)in the case that the certificate is in the form of Parts A and B of Schedule 6, no less than 72 hours before the introduction of the relevant bees, bee products, pollen or used beekeeping fittings into Victoria; or
(b)in the case that the certificate is in the form of Parts A and B of Schedule 7, no less than 72 hours before the introduction of the relevant honey, beeswax, pollen or used beekeeping fittings into Victoria.".
28Consignee to retain copy of certificate
For the penalty at the foot of regulation 49 of the Principal Regulations substitute—
"Penalty:10 penalty units.".
29Regulation 53 amended
(1)In the heading to regulation 53 of the Principal Regulations, for "fittings—quarantine area" substitute "fittings from an area subject to restrictions on movement in other Commonwealth jurisdiction".
(2)After regulation 53(2) of the Principal Regulations insert—
"(3)Subregulation (1) does not apply if—
(a)the person has a permit under Part 3 of the Act that authorises the movement of the bees, bee products, pollen or used beekeeping fittings into Victoria and the person complies with the permit; or
(b)the person acts in accordance with an order made under section 26, 29, or 32 of the Act that authorises the movement of the bees, bee products, pollen or used beekeeping fittings into Victoria.".
30Regulation 55 revoked
Regulation 55 of the Principal Regulations is revoked.
31Offence to feed pollen not irradiated to bees
For the penalty at the foot of regulation 58 of the Principal Regulations substitute—
"Penalty:10 penalty units.".
32Requirement to vaccinate for Newcastle disease
For the penalty at the foot of regulation 63(1), (2), (3), (4) and (5) of the Principal Regulations substitute—
"Penalty:20 penalty units.".
33Restrictions on the use of vaccines for certain diseases
For the penalty at the foot of regulation 64(1), (2) and (3) of the Principal Regulations substitute—
"Penalty:20 penalty units.".
34Keeping of babesiosis vaccinated livestock in Victoria prohibited
For the penalty at the foot of regulation 67 of the Principal Regulations substitute—
"Penalty:20 penalty units.".
35Notice to Secretary
For the penalty at the foot of regulation 68 of the Principal Regulations substitute—
"Penalty:20 penalty units.".
36Identification of cattle vaccinated for Johne's disease
For the penalty at the foot of regulation 69 of the Principal Regulations substitute—
"Penalty:20 penalty units.".
37Treatment of dairy produce for use as livestock food
For the penalty at the foot of regulation 70 of the Principal Regulations substitute—
"Penalty:20 penalty units.".
38Handling and use of exotic disease agents
In regulation 71 of the Principal Regulations—
(a)in paragraph (a), for "Australian Animal Health Laboratory" substitute "Australian Centre for Disease Preparedness";
(b)for paragraph (b) substitute—
"(b)within any other laboratory approved by the Secretary if the exotic disease agent—
(i)is maintained under any conditions imposed by the Secretary; and
(ii)is used for a purpose authorised by the Secretary, which is limited to handling and using the exotic disease agent to perform tests, prepare reagents for tests or to undertake research to prevent, monitor and control exotic diseases in livestock or to protect public health.".
39New Division 3A of Part 8 inserted
After Division 3 of Part 8 of the Principal Regulations insert—
"Division 3A—Exposed cattle and pigs
71AExposed cattle or pigs
(1)For the purposes of section 44A(2)(a) of the Act—
(a)the prescribed manner is that the notification must be in writing; and
(b)the prescribed period is within 7 days of the owner of the relevant land becoming aware that cattle or pigs on that land are exposed cattle or pigs.
(2)For the purposes of section 44A(2)(b) of the Act, the prescribed information is—
(a)the date of the notification; and
(b)the name, address and telephone number of the person providing the notification; and
(c)the name and address of the owner of the exposed cattle or pigs (if known); and
(d)the address or a description of the relevant land; and
(e)a description of the nature of the exposure; and
(f)the property identification code identifying the property at which the exposed cattle or pigs are usually kept (if known); and
(g)whether the exposed cattle or pigs are cattle, pigs or a combination of both; and
(h)the number of exposed cattle or pigs; and
(i)the number of cattle or pigs on the relevant land that are not exposed cattle or pigs; and
(j)the measures taken, or proposed to be taken, to limit the exposure of cattle or pigs on the relevant land.
(3)A person who is required to notify the Secretary under section 44A(1) of the Act must retain any documents evidencing the exposure of the exposed cattle or pigs for a period of 2 years after the person was required to give the notification.
Penalty:10 penalty units.
(4)In this regulation—
exposed cattle or pigs has the same meaning as in section 42(1) of the Act;
relevant land has the same meaning as in section 44A(4) of the Act.".
40Visual examination of hives for disease
For the penalty at the foot of regulation 74A of the Principal Regulations substitute—
"Penalty:20 penalty units.".
41Testing of hives for arthropod bee disease
For the penalty at the foot of regulation 74B(1) and (2) of the Principal Regulations substitute—
"Penalty:20 penalty units.".
42Testing for the presence of American foulbrood disease
For the penalty at the foot of regulation 74C of the Principal Regulations substitute—
"Penalty:20 penalty units.".
43Action taken to control disease in a hive
For the penalty at the foot of regulation 74D of the Principal Regulations substitute—
"Penalty:20 penalty units.".
44Hives that no longer contain a colony of bees
For the penalty at the foot of regulation 74E of the Principal Regulations substitute—
"Penalty:20 penalty units.".
45Action taken to strengthen a weak hive
For the penalty at the foot of regulation 74F(1) of the Principal Regulations substitute—
"Penalty:20 penalty units.".
46Abandonment of hives
For the penalty at the foot of regulation 74G of the Principal Regulations substitute—
"Penalty:20 penalty units.".
47Bees, hives and beekeeping fittings no longer required for beekeeping
For the penalty at the foot of regulation 74H(1) and (2) of the Principal Regulations substitute—
"Penalty:20 penalty units.".
48Offence to sterilise or destroy hives or beekeeping fittings infected with American foulbrood disease before notifying an inspector
(1)In regulation 74I of the Principal Regulations, for "of the infection or suspected infection of a hive" substitute "that the hive is infected".
(2)For the penalty at the foot of regulation 74I of the Principal Regulations substitute—
"Penalty:20 penalty units.".
49Sale or use of hives or beekeeping fittings that have been infected with American foulbrood disease
For the penalty at the foot of regulation 74J of the Principal Regulations substitute—
"Penalty:20 penalty units.".
50Offence to wax dip certain items that have been infected with American foulbrood disease
For the penalty at the foot of regulation 74K of the Principal Regulations substitute—
"Penalty:20 penalty units.".
51Offence to use antibiotics to treat hives infected with American foulbrood disease
For the penalty at the foot of regulation 74L of the Principal Regulations substitute—
"Penalty:20 penalty units.".
52Construction of hives
For the penalty at the foot of regulation 74M of the Principal Regulations substitute—
"Penalty:20 penalty units.".
53Swarm catch boxes
For the penalty at the foot of regulation 74N(1) and (2) of the Principal Regulations substitute—
"Penalty:20 penalty units.".
54Bees to have access to water
For the penalty at the foot of regulation 74O of the Principal Regulations substitute—
"Penalty:20 penalty units.".
55Records to be kept in relation to beekeeping
For the penalty at the foot of regulation 74P(1) and (2) of the Principal Regulations substitute—
"Penalty:20 penalty units.".
56Regulation 77 revoked
Regulation 77 of the Principal Regulations is revoked.
57Regulation 78 revoked
Regulation 78 of the Principal Regulations is revoked.
58Regulation 84A substituted
For regulation 84A of the Principal Regulations substitute—
"84A Requirement to include identifiable information in advertisement for sale of livestock
(1)A person (other than a livestock agent) who proposes to sell cattle, or livestock of a class of livestock prescribed under regulation 41, must ensure the property identification code identifying the property at which the cattle or livestock are kept is included in any advertisement to sell the cattle or livestock.
Penalty:20 penalty units.
(2)A livestock agent who proposes to sell cattle, or livestock of a class of livestock prescribed under regulation 41, must ensure that any advertisement to sell the cattle or livestock includes either—
(a)the property identification code identifying the property at which the cattle or livestock are kept; or
(b)the name and street address or contact telephone number of the livestock agent.
Penalty:20 penalty units.
(3)A person must not publish an advertisement to sell cattle, or livestock of a class of livestock prescribed under regulation 41, unless the advertisement contains—
(a)the property identification code identifying the property at which the cattle or livestock are kept; or
(b)if sold by a livestock agent, the name and the street address or contact telephone number of the livestock agent.
Penalty:20 penalty units.
(4)In this regulation, sell includes barter or give away.".
59Definitions
In regulation 85 of the Principal Regulations, in the definition of sheep or goat movement information, for paragraphs (a)(vii) and (b)(vii) substitute—
"(vii)in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), the property identification codes on the NLIS ear tags;".
60Auctioneer or selling agent of pigs, sheep or goats at a saleyard to record and forward information
For regulation 90(d)(viii) of the Principal Regulations substitute—
"(viii)in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), the property identification codes on the NLIS ear tags;".
61Offence to record, provide or forward false information
(1)For the penalty at the foot of regulation 99(1) of the Principal Regulations substitute—
"Penalty:10 penalty units.".
(2)For the penalty at the foot of regulation 99(2) of the Principal Regulations substitute—
"Penalty:20 penalty units.".
62Disclosure of identification information
In regulation 107 of the Principal Regulations—
(a)for "section 107B(4)(a) of the Act, the following" substitute "paragraph (a) of the definition of relevant person in section 107B(6) of the Act, the following persons and classes of";
(b)for paragraph (o) substitute—
"(o)an employee in the Department of Transport and Planning;";
(c)paragraph (t) is revoked;
(d)for paragraph (u) substitute—
"(u)an employee in the Department of Health or the Department of Energy, Environment and Climate Action.".
63Prescribed Acts
In regulation 108 of the Principal Regulations, for "section 107B(4)(b)" substitute "paragraph (i) of the definition of relevant person in section 107B(6)".
64Regulation 111 substituted
For regulation 111 of the Principal Regulations substitute—
"111 Infringement penalties and offences against these Regulations
(1)For the purposes of section 126(1) of the Act, regulations 6(3), 15(1), 17(2), 24(2), 32(2), 33(2), 34(2), 34(3), 35(1A), 36, 37, 43, 44, 45, 49, 58, 63(1), 63(2), 63(3), 63(4), 63(5), 64(1), 64(2), 64(3), 66(3), 67, 68, 69, 70, 74A, 74B(1), 74B(2), 74C, 74D, 74E, 74F(1), 74G, 74H(1), 74H(2), 74I, 74J, 74K, 74L, 74M, 74N(1), 74N(2), 74O, 74P(1), 74P(2), 84A(1), 84A(2), 84A(3), 86, 87, 88(1), 88(2), 89, 90, 91, 92, 93(1), 94(1), 94(2), 95, 96(1), 96A, 97(1), 98, 98A, 99(1) and 99(2) are prescribed.
(2)For the purposes of section 129 of the Act, the prescribed infringement penalty for an offence against regulation 17(2), 24(2), 45, 63(1), 63(2), 63(3), 63(4), 63(5), 64(1), 64(2), 64(3), 66(3), 67, 68, 69, 70, 74A, 74B(1), 74B(2), 74C, 74D, 74E, 74F(1), 74G, 74H(1), 74H(2), 74I, 74J, 74K, 74L, 74M, 74N(1), 74N(2), 74O, 74P(1), 74P(2), 84A(1), 84A(2), 84A(3), 86, 87, 88(1), 88(2), 89, 90, 91, 92, 93(1), 94(1), 94(2), 95, 96(1), 96A, 97(1), 98, 98A or 99(2) is 5 penalty units.
(3)For the purposes of section 129 of the Act, the prescribed infringement penalty for an offence against regulation 6(3), 15(1), 32(2), 33(2), 34(2), 34(3), 35(1A), 36, 37, 43, 44, 49, 58 or 99(1) is 2 penalty units.".
65Infringement penalties for offences against the Act
In regulation 112 of the Principal Regulations—
(a)in paragraph (c) omit "9,";
(b)in paragraph (d), after "section" insert "9(1), 9(2), 9(3), 9(4), 9(5), 9(6),".
66Schedule 2—Notification of diseases
In Schedule 2 to the Principal Regulations—
(a)in Part B, under the heading "Diseases of mammals and birds"—
(i)after "Infectious laryngotracheitis" insert "Japanese encephalitis";
(ii)for "Swine brucellosis (B. suis)" substitute "Swine brucellosis (Brucella suis)";
(b)in Part C—
(i)under the heading "Diseases of mammals and birds"—
(A)for "Avian tuberculosis (Mycobacterium avium)" substitute "Avian tuberculosis (Mycobacterium avium)";
(B)for "Ovine brucellosis" substitute "Ovine brucellosis (Brucella ovis)";
(C)for "Paratuberculosis (Johne's disease)" substitute "Johne's disease (Mycobacterium avium subspecies paratuberculosis)";
(ii)under the heading "Diseases of bees"—
(A)after "Chalkbrood disease" insert "(Ascosphaera apis)";
(B)for "European foulbrood disease (Melisococcus plutonius)" substitute "European foulbrood (Melissococcus plutonius)";
(iii)under the heading "Diseases of fin fish", for "Infection with Aphanomyces invadans (epizootic ulcerative syndrome)" substitute "Epizootic ulcerative syndrome (Aphanomyces invadans)";
(iv)under the heading "Diseases of amphibians"—
(A)for "Infection with Batrachochytrium dendrobatidis (Chytridiomycosis)" substitute "Chytridiomycosis (Batrachochytrium dendrobatidis)";
(B)for "Infection with Ranavirus species" substitute "Ranavirus species";
(v)under the heading "Diseases of molluscs", for "Infection with Bonamia exitiosa" substitute—
"Abalone viral ganglioneuritis
Bonamiosis (Bonamia exitiosa)".
67Schedule 3—Identification tags and tattoos for livestock
In Schedule 3 to the Principal Regulations—
(a)for "NLIS Limited" (wherever occurring) substitute "Integrity Systems Company Limited";
(b)for Part E substitute—
"Part E
Regulation 20(1)(a) and (2)(a)(i)
NLIS ear tags for pigs
A NLIS ear tag for pigs that is yellow in colour with black lettering that contains the following visible information:
3ABCD123 P
Where—
3is the first character on the property identification code that must be the number 3 unless the pig is introduced into Victoria from another State or Territory;
3ABCD123is the 8 character property identification code issued to the pig owner that identifies the property on which the pig was born;
Pis the NLIS logo.
Part EA
Regulation 20(1)(b) and (2)(b)(i)
NLIS ear tags for pigs
A NLIS ear tag for pigs that is orange in colour with black lettering that contains the following visible information:
3ABCD123 P
Where—
3is the first character on the property identification code that must be the number 3 unless the pig is introduced into Victoria from another State or Territory;
3ABCD123is the 8 character property identification code issued to the pig owner that identifies the property on which the pig is kept;
Pis the NLIS logo.";
(c)in Part F—
(i)for "Regulation 20" substitute "Regulation 20(2)(a)(ii) and (b)(ii)";
(ii)after the final paragraph insert—
"Carbon based tattooing paste or ink must be used.";
(d)Parts G and H are revoked.
68Schedule 4—Introduction of cattle into Victoria from Queensland, Western Australia or the Northern Territory
In item 4 of Part A of Schedule 4 to the Principal Regulations, for "Department of Economic Development, Jobs, Transport and Resources" substitute "Department of Energy, Environment and Climate Action".
69Schedule 5—Introduction of pigs into Victoria from any area of Western Australia or Queensland North of the Tropic of Capricorn or the Northern Territory
In item 3 of Part A of Schedule 5 to the Principal Regulations, for "Department of Economic Development, Jobs, Transport and Resources" substitute "Department of Energy, Environment and Climate Action".
70Schedule 6—Introduction of bees, bee products, fodder or used beekeeping fittings into Victoria
In item 3 of Part A of Schedule 6 to the Principal Regulations, for "Department of Jobs, Precincts and Regions" substitute "Department of Energy, Environment and Climate Action".
71Schedule 7—Introduction of honey, beeswax, pollen or used beekeeping fittings from a hive affected by American foulbrood disease into Victoria
In item 2 of Part A of Schedule 7 to the Principal Regulations, for "Department of Primary Industries" substitute "Department of Energy, Environment and Climate Action".
72Schedule 10—Prescribed Acts of the Commonwealth and States and Territories of the Commonwealth
In Schedule 10 to the Principal Regulations—
(a)under the heading "Acts of Victoria", for "Environment Protection Act 1970" substitute "Environment Protection Act 2017";
(b)under the heading "Acts of the State of New South Wales"—
(i)omit "Animal Diseases and Animal Pests (Emergency Outbreaks) Act 1991";
(ii)omit "Apiaries Act 1985";
(iii)omit "Stock Diseases Act 1923";
(c)under the heading "Acts of the State of Tasmania", after "Animal Health Act 1995" insert "Biosecurity Act 2019";
(d)under the heading "Acts of the State of Western Australia" omit "Aerial Spraying Control Act 1966";
(e)under the heading "Acts of the Northern Territory"—
(i)insert "Agricultural and Veterinary Chemicals (Control of Use) Act 2004";
(ii)for "Agricultural and Veterinary Chemicals (Northern Territory) Act" substitute "Agricultural and Veterinary Chemicals (Northern Territory) Act 1994";
(iii)for "Fisheries Act" substitute "Fisheries Act 1988";
(iv)for "Livestock Act" substitute "Livestock Act 2008";
(v)for "Medicines, Poisons and Therapeutic Goods Act" substitute "Medicines, Poisons and Therapeutic Goods Act 2012";
(vi)for "Territory Parks and Wildlife Conservation Act" substitute "Territory Parks and Wildlife Conservation Act 1976".
═════════════
ENDNOTES
[1] Reg. 4: S.R. No. 57/2017 as amended by S.R. Nos 118/2018, 171/2018, 42/2019 and 1/2020.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5 Definition of Newcastle Disease Management Plan, Regulations 63(1), 63(2)(a), 63(6)(a) | National Newcastle Disease Management Plan (August 2020) published in 2020 by Australian Animal Health Council Limited | The whole |
0
0
0