Livestock Disease Control Further Amendment Regulations 2024 (Vic)

Livestock Disease Control Further Amendment Regulations 2024

S.R. No. 95/2024

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Prescribed circumstances for permanent identification of prescribed classes of livestock

7Prescribed manner of certification

8Owner must forward certificate to Secretary

9Livestock subject to quarantine or restrictions on movement must not be introduced into Victoria

10Definitions

11Regulation 86 substituted

12Regulation 89 substituted

13Operator of an abattoir or knackery to record and forward movement information to the Secretary

14Person acquiring cattle, pigs, sheep or goats to provide information

15Regulation 98 substituted

16Regulation 98A substituted

17Offence to record, provide or forward false information

18Disclosure of identification information

19Prescribed Acts

20Regulation 111 substituted

21Regulation 112 substituted

22New regulation 113 inserted

23Schedules 6 and 7 revoked

24New Schedule 11 inserted

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Endnotes

STATUTORY RULES 2024

S.R. No. 95/2024

Livestock Disease Control Act 1994

Livestock Disease Control Further Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 24 September 2024

Responsible Minister:

ROS SPENCE
Minister for Agriculture

SAMUAL WALLACE

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Livestock Disease Control Regulations 2017—

(a)to prescribe matters required as a consequence of amendments to the Livestock Disease Control Act 1994 made by the Biosecurity Legislation Amendment (Incident Response) Act 2024; and

(b)to amend the requirements in relation to the introduction of livestock, livestock products, fodder or fittings into Victoria; and

(c)to amend the requirements in relation to the recording or forwarding of information relating to the movement of identified livestock; and

(d)to increase the penalty amounts for certain infringement offences; and

(e)to make other miscellaneous amendments to the general operation of those Regulations.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 October 2024.

4Principal Regulations

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

5Definitions

(1)In regulation 5 of the Principal Regulations, in the definition of weak hive, for "bees." substitute "bees;".

(2)In regulation 5 of the Principal Regulations insert the following definition—

"working day, in relation to a requirement to do any act or thing, means a day other than—

(a)a Saturday or Sunday; or

(b)a day appointed under the Public Holidays Act 1993 as a public holiday in the place in which the act or thing must be done.".

6Prescribed circumstances for permanent identification of prescribed classes of livestock

In regulation 40(1)(a)(iii) of the Principal Regulations, for "9(a)" substitute "9(1)".

7Prescribed manner of certification

For regulation 46(c) of the Principal Regulations substitute—

"(c)in the case of bees, bee products, pollen or used beekeeping fittings, a certificate in writing, in the form approved by the Secretary, that contains the following information—

(i)the section of the Act to which the certification relates;

(ii)a description of the bees, bee products, pollen or used beekeeping fittings to which the certification relates;

(iii)the name of the owner or government apiary officer (as the case may be) who is providing the certification;

(iv)any information required by the Secretary for the purpose of preventing or managing the spread of diseases in bees, as specified in the approved form.".

8Owner 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 at least 72 hours before the introduction of the bees, bee products, pollen or used beekeeping fittings to which the certificate relates into Victoria.".

9Livestock subject to quarantine or restrictions on movement must not be introduced into Victoria

(1)In regulation 50(1) of the Principal Regulations, for "A person" substitute "Subject to subregulation (3), a person".

(2)In regulation 50 of the Principal Regulations, after subregulation (2) 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 livestock into Victoria and the person complies with the permit; or

(b)the person acts in accordance with an order made under section 26(1), 29(1), or 32(1) of the Act that authorises the movement of livestock into Victoria.".

10Definitions

In regulation 85 of the Principal Regulations insert the following definitions—

"depot means—

(a)an establishment for live export of cattle, sheep or goats registered under Chapter 4 of the Export Control Act 2020 of the Commonwealth; and

(b)a transit depot, holding property or assembly point operated by a transport company at which cattle, sheep or goats are kept for no more than 7 days before being moved to a place other than an abattoir; and

(c)a transit depot, holding property or assembly point at which cattle, sheep or goats are held before being moved to an abattoir; and

(d)a saleyard when used as a transit depot, holding property or assembly point;

exporter means a person engaged in the business of exporting livestock, including acquiring, assembling and preparing livestock for export, in accordance with the Export Control Act 2020 of the Commonwealth;

scan, in relation to an NLIS device used to identify livestock, means to use an instrument to electronically detect and decode the number encoded on the transponder in the NLIS device;".

11Regulation 86 substituted

For regulation 86 of the Principal Regulations substitute—

"86   Cattle scale operator and certain persons to record cattle movement information and forward to Secretary

(1)This regulation applies to—

(a)a person who operates a scale operation, in relation to cattle that are weighed, sold or passed in, assessed for sale or rejected at the scale operation; and

(b)a person who assembles cattle, other than at a scale operation, from properties with different property identification codes into mobs of cattle for dispatch to an abattoir or depot, in relation to cattle that are assembled; and

(c)a person who transports cattle from a farm to an abattoir or assembly point, in relation to those cattle.

(2)A person to whom this regulation applies, for each head of cattle to which this regulation applies, must—

(a)scan the NLIS device used to identify the cattle; and

(b)record the cattle movement information in the specified manner; and

(c)for cattle referred to in subregulation (1)(a) that are to be dispatched directly to an abattoir or knackery for slaughter or disposal within 7 days after the specified day, forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission, the following—

(i)before the cattle leave the scale—

(A)the cattle movement information (other than the property identification code identifying the property to which the cattle will be dispatched); and

(B)the required identifying information that identifies the scale operation;

(ii)the property identification code identifying the property to which the cattle will be dispatched (if provided by the purchaser or owner) by close of business on the next working day after the specified day; and

(d)for cattle to which paragraph (c) does not apply, forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission, by close of business on the next working day after the specified day—

(i)the cattle movement information; and

(ii)the required identifying information that identifies the scale operation at which the cattle were weighed, sold or passed in, assessed for sale or rejected, or if there is no scale operation, a statement to that effect.

Penalty:20 penalty units.

(3)A person referred to in subregulation (1), for each head of cattle referred to in that subregulation that is less than 6 weeks of age and not accompanied by their dam, must include with the cattle movement information required to be forwarded to the Secretary or person nominated by the Secretary under subregulation (2) the following information—

(a)the global positioning system coordinates of the location where the NLIS device was scanned in accordance with subregulation (2)(a);

(b)the time of scanning.

Penalty:20 penalty units.

(4)In this regulation—

specified day means—

(a)in relation to cattle referred to in subregulation (1)(a), the day the cattle are weighed, sold or passed in, assessed for sale or rejected at the scale operation; or

(b)in relation to cattle referred to in subregulation (1)(b), the day the cattle are assembled into mobs; or

(c)in relation to cattle referred to in subregulation (1)(c), the day the cattle are dispatched.".

12Regulation 89 substituted

For regulation 89 of the Principal Regulations substitute—

"89   Saleyard operator to record cattle movement information and forward it to Secretary

(1)A person who operates a saleyard at which cattle are sold or passed in, for each head of cattle that is sold or passed in, must—

(a)record the cattle movement information in the specified manner; and

(b)forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission—

(i)the cattle movement information (other than the property identification code identifying the property to which the cattle will be dispatched) and the required identifying information that identifies the saleyard, before the cattle leave the saleyard; and

(ii)the property identification code identifying the property to which the cattle will be dispatched (if provided by the purchaser or owner) by close of business on the next working day after the cattle are sold or passed in.

Penalty:20 penalty units.

(2)A person who operates a saleyard at which cattle are sold or passed in, for any cattle that died in transit to the saleyard, must forward to the Secretary or person nominated by the Secretary, in the required manner or by the required method of transmission, within 2 working days after the deceased cattle arrived at the saleyard, a record that specifies—

(a)that the cattle is deceased; and

(b)the unique number encoded in the NLIS device used to identify the cattle; and

(c)the required identifying information that identifies the saleyard.

Penalty:20 penalty units.

(3)A person who operates a saleyard at which cattle are sold or passed in, for any cattle that die at the saleyard, must forward to the Secretary or person nominated by the Secretary, in the required manner or by the required method of transmission, within 2 working days after the cattle died, a record that specifies—

(a)that the cattle is deceased; and

(b)the unique number encoded in the NLIS device used to identify the cattle; and

(c)the required identifying information that identifies the saleyard.

Penalty:20 penalty units.".

13Operator of an abattoir or knackery to record and forward movement information to the Secretary

In regulation 93(2) of the Principal Regulations, for paragraph (a) of the definition of required information substitute—

"(a)one of the following—

(i)in the case of any cattle, sheep or goat identified with an NLIS device that is processed at a knackery, either—

(A)the property identification code identifying the property from which the cattle, sheep or goat was dispatched; or

(B)the global positioning system coordinates of the location where the NLIS device used to identify the cattle, sheep or goat was scanned before dispatch to the knackery;

(ii)in any other case, the property identification code identifying the property from which the cattle, pig, sheep or goat was dispatched; and".

14Person acquiring cattle, pigs, sheep or goats to provide information

In regulation 97(2) of the Principal Regulations omit "holding yard or".

15Regulation 98 substituted

For regulation 98 of the Principal Regulations substitute—

"98   Owner of livestock to forward information after livestock introduced to depot

If any cattle, sheep or goats are introduced to a depot, the owner of the cattle, sheep or goats, within 2 days after the introduction or before the departure of the cattle, sheep or goats from the depot (whichever is sooner), for each head of cattle, sheep or goat identified with an NLIS device, must—

(a)scan the NLIS device; and

(b)forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission—

(i)the unique number encoded in the NLIS device; and

(ii)the property identification code identifying the depot; and

(iii)the date the NLIS device was scanned.

Penalty:20 penalty units.".

16Regulation 98A substituted

For regulation 98A of the Principal Regulations substitute—

'98A   Exporter of cattle, sheep or goats to forward information

(1)An exporter of livestock, for each head of cattle, sheep or goat that is identified with an NLIS device and loaded onto a vessel or aircraft for export to a country other than Australia, must—

(a)scan the NLIS device; and

(b)forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission, a record of—

(i)the unique number encoded in the NLIS device; and

(ii)the code "EEEEEEEE"; and

(iii)in the case of any cattle, the global positioning system coordinates of the location where the NLIS device was scanned and the time of scanning; and

(iv)the unique serial number of the vendor declaration provided in accordance with section 8A of the Act for the movement of the livestock outside Australia.

Penalty:20 penalty units.

(2)If an exporter is required to make a vendor declaration under section 8A of the Act in relation to the movement of any cattle, sheep or goat identified with an NLIS device, the exporter, before that movement, must—

(a)scan the NLIS device identifying the cattle, sheep or goat; and

(b)forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission, a record of the following—

(i)the unique number encoded in the NLIS device;

(ii)the property identification code of the property to which the cattle are transported;

(iii)in the case of any cattle, the global positioning system coordinates of the location where the NLIS device was scanned and the time of scanning;

(iv)the unique serial number of the vendor declaration provided in accordance with section 8A of the Act for the movement of the livestock.

Penalty:20 penalty units.'.

17Offence to record, provide or forward false information

In regulation 99(1) of the Principal Regulations, for "information." substitute "information or information that is misleading in a material detail.".

18Disclosure of identification information

In regulation 107 of the Principal Regulations, for "107B(6)" substitute "107BA(3)".

19Prescribed Acts

In regulation 108 of the Principal Regulations, for "paragraph (i) of the definition of relevant person in section 107B(6)" substitute "section 64(2)(a) and paragraph (i)(iii) of the definition of relevant person in section 107BA(3)".

20Regulation 111 substituted

For regulation 111 of the Principal Regulations substitute—

"111   Prescribed infringement offences

For the purposes of section 126(1) of the Act, an offence specified in Column 2 in Table 1 or Column 2 in Table 2 in Schedule 11 is prescribed.".

21Regulation 112 substituted

For regulation 112 of the Principal Regulations substitute—

"112   Prescribed infringement penalties

For the purposes of section 129 of the Act, the penalty prescribed for a prescribed offence is the penalty set out in the corresponding entry in Column 3 in Table 1 or Column 3 in Table 2 in Schedule 11 for that prescribed offence.".

22New regulation 113 inserted

After regulation 112 of the Principal Regulations insert—

"113   Prescribed offences with respect to information about the movement of livestock

For the purposes of section 132A of the Act, an offence against regulation 36, 37, 43, 94(1) or 94(2) is prescribed.".

23Schedules 6 and 7 revoked

Schedules 6 and 7 to the Principal Regulations are revoked.

24New Schedule 11 inserted

After Schedule 10 to the Principal Regulations insert—

"Schedule 11—Infringement offences and infringement penalties

Regulations 111 and 112

Table 1—Infringement penalties for offences against
these Regulations

Column 1 Item	Column 2 Infringement offence	Column 3 Infringement penalty
1	An offence against regulation 6(3)	2 penalty units
2	An offence against regulation 15(1)	2 penalty units
3	An offence against regulation 17(2)	5 penalty units
4	An offence against regulation 24(2)	5 penalty units
5	An offence against regulation 32(2)	2 penalty units
6	An offence against regulation 33(2)	2 penalty units
7	An offence against regulation 34(2)	2 penalty units
8	An offence against regulation 34(3)	2 penalty units
9	An offence against regulation 35(1A)	2 penalty units
10	An offence against regulation 36	2 penalty units
11	An offence against regulation 37	2 penalty units
12	An offence against regulation 43	2 penalty units
13	An offence against regulation 44	2 penalty units
14	An offence against regulation 45	5 penalty units
15	An offence against regulation 49	2 penalty units
16	An offence against regulation 58	2 penalty units
17	An offence against regulation 63(1)	5 penalty units
18	An offence against regulation 63(2)	5 penalty units
19	An offence against regulation 63(3)	5 penalty units
20	An offence against regulation 63(4)	5 penalty units
21	An offence against regulation 63(5)	5 penalty units
22	An offence against regulation 64(1)	5 penalty units
23	An offence against regulation 64(2)	5 penalty units
24	An offence against regulation 64(3)	5 penalty units
25	An offence against regulation 66(3)	5 penalty units
26	An offence against regulation 67	5 penalty units
27	An offence against regulation 68	5 penalty units
28	An offence against regulation 69	5 penalty units
29	An offence against regulation 70	5 penalty units
30	An offence against regulation 74A	5 penalty units
31	An offence against regulation 74B(1)	5 penalty units
32	An offence against regulation 74B(2)	5 penalty units
33	An offence against regulation 74C	5 penalty units
34	An offence against regulation 74D	5 penalty units
35	An offence against regulation 74E	5 penalty units
36	An offence against regulation 74F(1)	5 penalty units
37	An offence against regulation 74G	5 penalty units
38	An offence against regulation 74H(1)	5 penalty units
39	An offence against regulation 74H(2)	5 penalty units
40	An offence against regulation 74I	5 penalty units
41	An offence against regulation 74J	5 penalty units
42	An offence against regulation 74K	5 penalty units
43	An offence against regulation 74L	5 penalty units
44	An offence against regulation 74M	5 penalty units
45	An offence against regulation 74N(1)	5 penalty units
46	An offence against regulation 74N(2)	5 penalty units
47	An offence against regulation 74O	5 penalty units
48	An offence against regulation 74P(1)	5 penalty units
49	An offence against regulation 74P(2)	5 penalty units
50	An offence against regulation 84A(1)	5 penalty units
51	An offence against regulation 84A(2)	5 penalty units
52	An offence against regulation 84A(3)	5 penalty units
53	An offence against regulation 86(2)	5 penalty units
54	An offence against regulation 86(3)	5 penalty units
55	An offence against regulation 87	5 penalty units
56	An offence against regulation 88(1)	5 penalty units
57	An offence against regulation 88(2)	5 penalty units
58	An offence against regulation 89(1)	5 penalty units
59	An offence against regulation 89(2)	5 penalty units
60	An offence against regulation 89(3)	5 penalty units
61	An offence against regulation 90	5 penalty units
62	An offence against regulation 91	5 penalty units
63	An offence against regulation 92	5 penalty units
64	An offence against regulation 93(1)	5 penalty units
65	An offence against regulation 94(1)	5 penalty units
66	An offence against regulation 94(2)	5 penalty units
67	An offence against regulation 95	5 penalty units
68	An offence against regulation 96(1)	5 penalty units
69	An offence against regulation 96A	5 penalty units
70	An offence against regulation 97(1)	5 penalty units
71	An offence against regulation 98	5 penalty units
72	An offence against regulation 98A(1)	5 penalty units
73	An offence against regulation 98A(2)	5 penalty units
74	An offence against regulation 99(1)	2 penalty units

Table 2—Infringement penalties for offences against the Act

Column 1 Item	Column 2 Infringement offence	Column 3 Infringement penalty
1	An offence against section 6(4) of the Act	7 penalty units
2	An offence against section 8A(1) of the Act	10 penalty units
3	An offence against section 8A(3) of the Act	10 penalty units
4	An offence against section 8A(4) of the Act	5 penalty units
5	An offence against section 8A(5) of the Act	10 penalty units
6	An offence against section 8A(6) of the Act	10 penalty units
7	An offence against section 8A(7) of the Act	5 penalty units
8	An offence against section 8A(8) of the Act	5 penalty units
9	An offence against section 9(1) of the Act	10 penalty units
10	An offence against section 9(2) of the Act	10 penalty units
11	An offence against section 9(3) of the Act	10 penalty units
12	An offence against section 9(4) of the Act	10 penalty units
13	An offence against section 9(5) of the Act	10 penalty units
14	An offence against section 9(6) of the Act	10 penalty units
15	An offence against section 9A(1) of the Act	10 penalty units
16	An offence against section 9A(2) of the Act	10 penalty units
17	An offence against section 9B(1) of the Act	10 penalty units
18	An offence against section 9B(2) of the Act	10 penalty units
19	An offence against section 9B(6) of the Act	5 penalty units
20	An offence against section 9BC of the Act	5 penalty units
21	An offence against section 9C(1) of the Act	10 penalty units
22	An offence against section 9C(2) of the Act	10 penalty units
23	An offence against section 16(2A) of the Act	5 penalty units
24	An offence against section 16(2B) of the Act	5 penalty units
25	An offence against section 27(1A) of the Act	10 penalty units
26	An offence against section 28(4) of the Act	10 penalty units
27	An offence against section 30(1A) of the Act	10 penalty units
28	An offence against section 41(1) of the Act	10 penalty units for a natural person 30 penalty units for a body corporate
29	An offence against section 44A(1) of the Act	10 penalty units
30	An offence against section 48(1) of the Act	7 penalty units
31	An offence against section 50(1) of the Act	7 penalty units
32	An offence against section 51(1) of the Act	2 penalty units
33	An offence against section 51(2) of the Act	2 penalty units
34	An offence against section 52(1) of the Act	7 penalty units
35	An offence against section 52(2) of the Act	7 penalty units
36	An offence against section 52(3) of the Act	7 penalty units
37	An offence against section 94A(1) of the Act	1 penalty unit
38	An offence against section 94A(2) of the Act	1 penalty unit
39	An offence against section 94B of the Act	1 penalty unit
40	An offence against section 95(1) of the Act	1 penalty unit
41	An offence against section 95(2) of the Act	1 penalty unit
42	An offence against section 95(3) of the Act	1 penalty unit
43	An offence against section 95(4) of the Act	1 penalty unit
44	An offence against section 95(5) of the Act	1 penalty unit
45	An offence against section 95(7) of the Act	1 penalty unit
46	An offence against section 95A(1) of the Act	1 penalty unit
47	An offence against section 95B(1) of the Act	1 penalty unit
48	An offence against section 96B of the Act	1 penalty unit
49	An offence against section 115(3) of the Act	7 penalty units
50	An offence against section 115A(4) of the Act	7 penalty units

".

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ENDNOTES

[1] Reg. 4: S.R. No. 57/2017 as amended by S.R. Nos 118/2018, 171/2018, 42/2019, 1/2020 and 5/2024.

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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 2024 is $197.59. 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.