Livestock Disease Control Regulations 2017 (Vic)

Version No. 007

Livestock Disease Control Regulations 2017

S.R. No. 57/2017

Version incorporating amendments as at

1 October 2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

Part 2—Notification of livestock diseases

6Notification of diseases

7Notification of unusual circumstances of disease or death in livestock

Part 3—Requirements for vendor declarations and livestock agent declarations when livestock are moved

8Prescribed particulars to be included in vendor declaration by first owner

9Prescribed period for which vendor declaration to be kept when ownership does not change

10Prescribed period within which livestock agent to give vendor declaration or livestock agent declaration to new owner

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

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

14Prescribed livestock

14APrescription of livestock agent declaration and particulars

Part 4—Requirements for movement information when livestock are slaughtered

15Cattle, pigs, sheep and goats not to be slaughtered without movement documentation

Part 5—Identification of livestock

Division 1—Prescribed manner of identification

16Prescribed livestock for the purposes of section 9

17Prescribed manner of identification for cattle

18Unidentified cattle—unsafe circumstances

19Unidentified cattle—emergency circumstances

20Prescribed manner of identification for pigs

21Unidentified pig—unsafe circumstances

22Unidentified pig—emergency circumstances

24Prescribed manner of identification for sheep and goats

25Unidentified sheep or goat—unsafe circumstances

26Unidentified sheep or goats—emergency circumstances

27Prescribed manner for identification of cattle directly dispatched from place of purchase

28Prescribed manner for identification of pigs directly dispatched from place of purchase

29Prescribed manner for identification of sheep and goats directly dispatched from place of purchase

31Prescribed manner of identification for cattle or pigs to be slaughtered or disposed of at a knackery

32Pigs less than 25 kg may be identified with temporary tags

33Pigs may be identified with temporary tattoos

34Cattle may be identified with temporary tags

35Non-functioning identification device or tag may be removed

36Disposal of removed NLIS device or NLIS ear tag

37NLIS device not to be re-used without authority

Division 2—Identification of livestock brought into Victoria

38Identification of livestock brought into Victoria

Division 3—Permanent identification of livestock

39Prescribed classes of livestock to be permanently identified

40Prescribed circumstances for permanent identification of prescribed classes of livestock

Division 4—General

41Livestock prescribed for the purposes of section 9B

42Applications for property identification code

43NLIS tags and devices are specific to property

44Tags, devices and tattoo brands to be returned where livestock no longer kept at property

45Carcase to remain identified until tests carried out

Part 6—Introduction of livestock, livestock products, fodder or fittings into Victoria

Division 1—Certification of livestock, livestock products, fodder or fittings introduced into Victoria

46Prescribed manner of certification

47Owner must forward certificate to Secretary

48Copy of certificate must accompany livestock, livestock products etc.

49Consignee to retain copy of certificate

Division 2—Restrictions on introduction of livestock, livestock products, fodder or fittings into Victoria

50Livestock subject to quarantine or restrictions on movement must not be introduced into Victoria

51Restrictions on introduction of cattle from Queensland, Western Australia and Northern Territory

52Restrictions on introduction of pigs from the Northern Territory, Western Australia or Queensland

53Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings from an area subject to restrictions on movement in other Commonwealth jurisdiction

54Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings—disease of bees

56Prescribed requirement—introduction of comb honey

57Prescribed requirement—introduction of pollen

58Offence to feed pollen not irradiated to bees

Part 7—Testing for diseases

59Testing for diseases

60Records to be kept in relation to laboratory examinations

61Period that records are to be kept

62Time and manner of submitting records to the Secretary

Part 8—Prevention of spread of disease

Division 1—Vaccinating of livestock

63Requirement to vaccinate for Newcastle disease

64Restrictions on the use of vaccines for certain diseases

65Authorisation of person or class of person to administer vaccine

66Requirement for vaccination for anthrax

67Keeping of babesiosis vaccinated livestock in Victoria prohibited

68Notice to Secretary

69Identification of cattle vaccinated for Johne's disease

Division 2—Dairy produce

70Treatment of dairy produce for use as livestock food

Division 3—Exotic disease agents

71Handling and use of exotic disease agents

Division 3A—Exposed cattle and pigs

71AExposed cattle or pigs

Division 4—Dairying animals

72Identification of cows, goats, sheep or buffalo prohibited for dairying

Division 5—Bees

73Hives to be marked with registered brand

74Disposal and acquisition of hives

74AVisual examination of hives for disease

74BTesting of hives for arthropod bee disease

74CTesting for the presence of American foulbrood disease

74DAction taken to control disease in a hive

74EHives that no longer contain a colony of bees

74FAction taken to strengthen a weak hive

74GAbandonment of hives

74HBees, hives and beekeeping fittings no longer required for beekeeping

74IOffence to sterilise or destroy hives or beekeeping fittings infected with American foulbrood disease before notifying an inspector

74JSale or use of hives or beekeeping fittings that have been infected with American foulbrood disease

74KOffence to wax dip certain items that have been infected with American foulbrood disease

74LOffence to use antibiotics to treat hives infected with American foulbrood disease

74MConstruction of hives

74NSwarm catch boxes

74OBees to have access to water

74PRecords to be kept in relation to beekeeping

Division 6—Artificial breeding

75Record of sales of semen from sires

76Health of livestock must be declared annually

Part 9—Compensation

79Prescribed manner of applying for compensation

80Time limits for applying for compensation

Part 10—Records of sale, purchase and movement of livestock

Division 1—General

81Definitions and interpretation

82Records about livestock sold

83Records about livestock purchased

84Notification about slaughter or disposal of livestock

84ARequirement to include identifiable information in advertisement for sale of livestock

Division 2—Information about the movement of cattle, sheep, goats and pigs

85Definitions

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

87Auctioneer or selling agent of cattle, sheep or goats sold other than at a saleyard to record information and forward it to Secretary

88Auctioneer or selling agent of cattle to provide information to saleyard operator and operator of an abattoir or knackery

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

90Auctioneer or selling agent of pigs, sheep or goats at a saleyard to record and forward information

91Saleyard operator to record information about pigs, sheep and goats and forward it to Secretary

92Purchaser's agent to update purchaser information

93Operator of an abattoir or knackery to record and forward movement information to the Secretary

94Owner of livestock to forward movement information to Secretary

95Operator of an agricultural show or exhibition to forward movement information to Secretary

96Person dispatching cattle, pigs, sheep or goats to provide property identification code

96AOwner of livestock to provide information to auctioneer in certain circumstances

97Person acquiring cattle, pigs, sheep or goats to provide information

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

98AExporter of cattle, sheep or goats to forward information

99Offence to record, provide or forward false information

Part 11—Returns and invoices

100Returns furnished by approved agent for sales and purchases of cattle

101Returns furnished by approved agent for sales and purchases of sheep and goats

102Invoices and statements issued in relation to the sale of cattle

103Invoices and statements issued in relation to the sale of sheep or goats

104Returns furnished by approved agent for sales and purchases of pigs

105Invoices and statements issued in relation to the sale of pigs

Part 12—Administration

106Grounds for refusing to grant or renew licence

107Disclosure of identification information

108Prescribed Acts

Part 13—Enforcement

109Charges incurred in seizing certain livestock

110Disposal of abandoned bees, hives or fittings

111Prescribed infringement offences

112Prescribed infringement penalties

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

Schedule 1—Regulations revoked

Schedule 2—Notification of diseases

Schedule 3—Identification tags and tattoos for livestock

Schedule 4

Schedule 5

Schedule 8

Schedule 9

Schedule 10—Prescribed Acts of the Commonwealth and States and Territories of the Commonwealth

Schedule 11—Infringement offences and infringement penalties

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 007

Livestock Disease Control Regulations 2017

S.R. No. 57/2017

Version incorporating amendments as at

1 October 2024

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to provide for the timing and manner of the notification of livestock diseases; and

(b)to provide for the manner in which certain livestock are identified; and

(c)to provide for the manner of certification of, and restrictions relating to, livestock, livestock products, fodder or fittings introduced into Victoria; and

(d)to set out the standards and record keeping requirements relating to the testing for livestock diseases; and

(e)to set out requirements for the prevention of livestock diseases; and

(f)to provide for the recording or forwarding of information relating to the movement of identified livestock; and

(g)to provide for matters relating to claims for compensation for losses incurred due to livestock disease; and

(h)to provide for other matters required to be prescribed under 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 July 2017.

4Revocation

The Regulations listed in Schedule 1 are revoked.

5Definitions

In these Regulations—

abattoir has the same meaning as it has in the Meat Industry Act 1993;

animal identifier means a number, code or other marker that has been applied to an animal or in respect of an animal for the purpose of identifying that animal;

ANZSDP means the Australian and New Zealand Standard diagnostic procedures for use in Australian veterinary laboratories, published by the Commonwealth Department of Agriculture, Fisheries and Forestry as published or amended from time to time;

apiary means a group of one or more hives assembled in one area or location for beekeeping;

approved NLIS device means a NLIS device approved by the Secretary under section 9A(1)(c) of the Act;

*                *                *                *                *

arthropod bee disease means—

(a)Braula fly (Braula coeca);

(b)Tropilaelaps mite (Tropilaelaps clareae and Tropilaelaps mercedesae);

(c)Varroosis (Varroa destructor and Varroa jacobsoni);

ASDT means the Australian standard diagnostic techniques published by the Commonwealth Department of Agriculture, Fisheries and Forestry as published or amended from time to time;

*                *                *                *                *

authorised officer means a person appointed under a law of another State or Territory of the Commonwealth corresponding with the Act to inspect livestock, livestock products, fodder or fittings;

bovine malignant tumour of the eye larger than 2 cm means a squamous cell carcinoma of the ocular, periocular, or both tissues of a size greater than 2 centimetres in any plane, including conditions commonly known as cancer eye or bovine malignant tumour of the eye;

chief veterinary officer means the chief veterinary officer of the Department;

commercial beekeeper means a beekeeper who is the owner of 50 or more hives;

commercial flock of poultry means a group of more than 1000 chickens;

corresponding law means—

(a)for the purposes of these Regulations other than regulation 107(e), the following Acts—

*                *                *                *                *

(iii)Biosecurity Act 2015 of New South Wales;

*                *                *                *                *

(v)Livestock Act 1997 of South Australia;

(vi)Biosecurity Act 2014 of Queensland;

(vii)Animal (Brands and Movement) Act 1984 of Tasmania;

(viii)Animal Health Act 1995 of Tasmania;

(viiia)Biosecurity Act 2019 of Tasmania;

(ix)Biosecurity and Agriculture Management Act 2007 of Western Australia;

(x)Exotic Diseases of Animals Act 1993 of Western Australia;

(xi)Livestock Act 2008 of the Northern Territory;

(xii)Animal Diseases Act 2005 of the Australian Capital Territory;

(xiii)Stock Act 2005 of the Australian Capital Territory;

(b)for the purposes of regulation 107(e) the following Acts—

(i)Australian Meat and Live-stock Industry Act 1997 of the Commonwealth;

(ii)Meat Industry Act 1978 of New South Wales;

(iii)Food Production (Safety) Act 2000 of Queensland;

(iv)Primary Produce (Food Safety Schemes) Act 2004 of South Australia;

(v)Western Australian Meat Industry Authority Act 1976 of Western Australia;

(vi)Primary Produce Safety Act 2011 of Tasmania;

(vii)Meat Industries Act 1996 of the Northern Territory;

emergency means an emergency that poses an imminent danger to livestock but does not include an outbreak of disease;

foundation means a sheet of plastic or beeswax impressed with a pattern of cell bases;

government apiary officer means a person appointed, under a law of another State or Territory of the Commonwealth corresponding with the Act, to inspect bees, bee products, fodder or beekeeping fittings;

knackery has the same meaning as it has in the Meat Industry Act 1993;

National Livestock Identification System means the system in Australia for identifying and tracking livestock for disease control, food safety and market access purposes;

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;

NLIS means the National Livestock Identification System;

NLIS device means a device for the permanent identification of livestock that—

(a)contains a microchip, which records information that can be retrieved electronically; and

(b)is capable of being permanently attached to or implanted in livestock; and

(c)is made by a manufacturer under a licence granted by Integrity Systems Company Limited (ABN 34 134 745 038); and

(d)in the case of a rumen bolus, is accompanied by an ear tag in the form of Part D of Schedule 3;

NLIS ear tag means an ear tag for the permanent identification of a sheep, a goat or a pig that—

(a)records information that can be read visually; and

(b)is capable of being permanently attached to a sheep, a goat or a pig; and

(c)is made by a manufacturer under a licence granted by Integrity

Systems Company Limited

(ABN 34 134 745 038);

pollenmeans pollen collected by or from bees;

pooled honey sample means a sample of honey containing honey from at least 20 per cent of the total number of hives kept by a beekeeper chosen at random;

poultry means any of the following livestock reared in captivity—

(a)a chicken;

(b)a turkey;

(c)a guinea fowl;

(d)a duck;

(e)a goose;

(f)a quail;

(g)a pigeon;

(h)a pheasant;

(i)a partridge;

(j)an emu;

(k)an ostrich;

registered beekeeper means a person registered as a beekeeper in accordance with Division 5 of Part 4 of the Act;

rumen bolus means a capsule that may be inserted into cattle which after application is intended to rest in the reticulum for the life of the animal and which contains an electronic transponder that can be read electronically;

sterilise, in relation to a hive or beekeeping fittings, means—

(a)subjecting the hive or beekeeping fittings to gamma irradiation at a minimum radiation dose of 15 kilogray; or

(b)dipping the hive or beekeeping fittings for a minimum of 10 minutes in hot wax held at a minimum temperature of 150°C;

swarm catch box means a box placed for the purpose of attracting and catching a swarm of bees;

the Act means the Livestock Disease Control Act 1994;

veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997;

weak hive means a hive containing a colony of bees that are unable to prevent robbing of the hive by robber bees;

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.

PART 2—NOTIFICATION OF LIVESTOCK DISEASES

6Notification of diseases

(1)For the purposes of section 7(3) of the Act, the following is the prescribed time—

(a)for a disease listed in Part A of Schedule 2, without delay;

(b)for a disease listed in Part B of Schedule 2, within 12 hours;

(c)for a disease listed in Part C of Schedule 2, within 7 days;

(d)for any disease not listed in Schedule 2 (other than an exotic disease), within 12 hours.

(2)For the purposes of section 7(3) of the Act, the following is the prescribed manner—

(a)in the case of a notice provided in accordance with subregulation (1)(a), that the notice is provided by the fastest means of communication available at the time;

(b)for any notice provided in accordance with subregulation (1)(a), (b), (c) or (d) that it contains information in respect of—

(i)the species of livestock, or the type of livestock product and the species from which it was derived; and

(ii)the property identification code identifying the property at which the livestock is kept (if known); and

(iii)the disease known or suspected to be present; and

(iv)the number and type of livestock on the property; and

(v)the species and number of live animals that are affected and the species and number of live animals that are not affected; and

(vi)the number of dead animals; and

(vii)a description of the signs of the disease; and

(viii)whether or not a veterinary practitioner has been consulted for the purposes of determining if the livestock, livestock product or hive is infected with any disease; and

(ix)any veterinary practitioner who has been consulted in accordance with paragraph (viii), and the name and contact details of the veterinary practitioner; and

(x)the address or description of the location at which the livestock, livestock product or hives were observed; and

(xi)the date of onset of signs of the disease; and

(xii)the age of any livestock known or suspected to be affected by the disease; and

(xiii)whether or not any specimens have been submitted to a laboratory for the purpose of determining if the livestock, livestock product or hive is infected with any disease; and

(xiv)the name and address of the laboratory to which any specimen has been sent; and

(xv)the name and address of the owner of the affected livestock, livestock product or hive (if known); and

(xvi)the name, address and telephone number of the person providing the notice; and

(xvii)the date of the notice.

(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.

7Notification of unusual circumstances of disease or death in livestock

For the purposes of section 7B of the Act, the following is the prescribed manner—

(a)that the notification is in writing;

(b)that the notification contains information in respect of—

(i)the species of the livestock or the species of livestock from which the livestock product was derived; and

(ii)the property identification code identifying the property at which the livestock is kept (if known); and

(iii)the disease suspected to be present; and

(iv)the species and number of live animals that are affected and the species and number of live animals that are not affected; and

(v)the number of dead animals; and

(vi)a description of the signs of the disease; and

(vii)the date of onset of signs of the disease; and

(viii)the age of any livestock suspected to be affected by the disease; and

(ix)whether or not a veterinary practitioner has been consulted for the purposes of determining whether the livestock, livestock product or hive is infected with any disease; and

(x)any veterinary practitioner who has been consulted in accordance with paragraph (ix), and the name and contact details of the veterinary practitioner; and

(xi)the address or description of the location at the which the livestock, livestock product or hives were observed; and

(xii)whether or not any specimens have been submitted to a laboratory for the purpose of determining if the livestock, livestock product or hive is infected with any disease; and

(xiii)the name and address of the laboratory to which any specimen has been sent; and

(xiv)the name and address of the owner of the affected livestock, livestock product or hive (if known); and

(xv)the name, address and telephone number of the person providing the notice; and

(xvi)the date of the notification.

PART 3—REQUIREMENTS FOR VENDOR DECLARATIONS AND LIVESTOCK AGENT DECLARATIONS WHEN LIVESTOCK ARE MOVED

8Prescribed particulars to be included in vendor declaration by first owner

For the purposes of section 8A(2)(c)(vii) of the Act, the prescribed particulars are—

(a)in the case of cattle, pigs, sheep and goats—

(i)the name of the owner of the livestock or the trading name of the owner of the livestock; and

(ii)the physical address of the place from which the livestock are being moved; and

(iii)the unique serial number on the form approved by the Secretary under section 8A(2)(b) of the Act; and

(iv)the property identification code of the property of destination or, if not known, the name of the owner of the property of destination and the address; and

(v)whether the livestock have been bred by the owner making the declaration and if not, the period of time the livestock were kept on the property from which they are to be moved; and

(b)in the case of pigs, sheep and goats, in addition to the matters referred to in paragraph (a), the number and description of the pigs, sheep or goats being moved; and

(c)in the case of pigs that are branded or tattooed, in addition to the matters referred to in paragraph (a) and (b), the tattoo or brand number; and

(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.

9Prescribed period for which vendor declaration to be kept when ownership does not change

For the purposes of section 8A(4) of the Act, the prescribed period is—

(a)in the case of cattle, 7 years; or

(b)in the case of pigs, 2 years; or

(c)in the case of sheep, 7 years; or

(d)in the case of goats, 7 years; or

(e)in the case of a vendor declaration kept by the NLIS, the period between the date the relevant livestock are moved and the giving of a vendor declaration to the NLIS.

10Prescribed period within which livestock agent to give vendor declaration or livestock agent declaration to new owner

For the purposes of section 8A(6) of the Act, the prescribed period is—

(a)in the case of cattle—

(i)if the cattle are being moved from a saleyard to an abattoir whichever is the sooner of midnight on the day of sale or before the cattle are slaughtered at the abattoir; or

(ii)in any other case, within 2 working days; and

(b)in the case of pigs, by the time of delivery to the new owner; and

(c)in the case of sheep or goats—

(i)that are being moved from a saleyard to an abattoir, whichever is the sooner of midnight on the day of sale or before the sheep or goats are slaughtered at the abattoir; or

(ii)in any other case, within 2 working days.

*                *                *                *                *

12Prescribed 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.

13Prescribed 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.

14Prescribed livestock

For the purposes of the definition of livestock in section 8A(9) of the Act, the prescribed livestock are cattle, pigs, sheep and goats.

14APrescription 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 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;

(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.

PART 4—REQUIREMENTS FOR MOVEMENT
INFORMATION WHEN LIVESTOCK ARE SLAUGHTERED

15Cattle, 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.

PART 5—IDENTIFICATION OF LIVESTOCK

Division 1—Prescribed manner of identification

16Prescribed livestock for the purposes of section 9

For the purposes of section 9 of the Act, the prescribed livestock are pigs, sheep and goats.

17Prescribed manner of identification for cattle

(1)For the purposes of section 9 of the Act, in respect of cattle the prescribed manner is—

(a)by means of a NLIS device in the form of Part A or Part D of Schedule 3 that identifies the property at which the cattle were born (cattle breeder electronic tag); or

(b)in the case of cattle that have moved off the property of birth—

(i)if the cattle are unidentified or identified with a NLIS device that is not functioning, by means of a NLIS device in the form of Part B or Part D of Schedule 3 that identifies the property at which the cattle are kept (cattle post‑breeder electronic tag); or

(ii)if the cattle have previously been identified with a cattle breeder electronic tag, or a cattle post‑breeder electronic tag, and that tag remains attached to the cattle and is functioning, by means of that tag; or

(c)in the case of cattle that are less than 6 weeks of age and are consigned directly to a knackery for disposal, by means of a NLIS device or ear tag that identifies the property from which the cattle are to be dispatched.

(1A)If a NLIS device in the form of Part A or Part B of Schedule 3 is used to identify cattle under subregulation (1), the NLIS device must be attached to the right ear of the cattle in accordance with the manufacturer's instructions.

(1B)If a NLIS device in the form of Part D of Schedule 3 is used to identify cattle under subregulation (1), the ear tag accompanying the rumen bolus must be attached to an ear of the cattle in accordance with the manufacturer's instructions.

(2)If cattle has not been identified in accordance with section 9 of the Act, a saleyard operator, selling agent or cattle scale operator must make and keep a record of the use of a cattle post‑breeder electronic tag to identify the cattle for a period of 2 years that includes the following information—

(a)the relevant animal identifier;

(b)the date of use of the cattle post‑breeder electronic tag;

(c)the name of the person who attached the cattle post‑breeder electronic tag to the cattle;

(d)the property identification code of the property from which the cattle originated;

(e)the total number of livestock in the consignment of which the cattle are a part.

Penalty:20 penalty units.

18Unidentified cattle—unsafe circumstances

Regulation 17 does not apply in the circumstance of the dispatch of cattle that has not been identified by an owner who—

(a)reasonably believes it is unsafe to identify the cattle in the manner prescribed under regulation 17; and

(b)has been issued a permit by an inspector authorising the dispatch of the cattle without the cattle being identified in the manner prescribed under regulation 17; and

(c)complies with any term or condition of the permit referred to in paragraph (b).

19Unidentified cattle—emergency circumstances

Regulation 17 does not apply in the circumstance of the dispatch by an owner during an emergency of cattle that has not been identified if the owner—

(a)within 7 days of the dispatch occurring, notifies an inspector of the dispatch of the cattle; 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 cattle were dispatched;

(ii)the date of dispatch of the cattle;

(iii)the number and description of the cattle received at the destination property;

(iv)the property identification code of the destination property;

(v)the name and address of the consignee (if known).

20Prescribed 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.

21Unidentified pig—unsafe circumstances

Regulation 20 does not apply in the circumstance of the dispatch of a pig that has not been identified by an owner who—

(a)reasonably believes it is unsafe to identify the pig in the manner prescribed under regulation 20; and

(b)has been issued a permit by an inspector authorising the dispatch of the pig without the pig being identified in the manner prescribed under regulation 20; and

(c)complies with any term or condition of the permit referred to in paragraph (b).

22Unidentified pig—emergency circumstances

Regulation 20 does not apply in the circumstance of the dispatch by an owner during an emergency of a pig that has not been identified if the owner—

(a)within 7 days of the dispatch occurring, notifies an inspector of the dispatch of the pig; 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 pig was dispatched;

(ii)the date of dispatch of the pig;

(iii)the number of pigs received at the destination property;

(iv)the property identification code of the property of destination;

(v)the name and address of the consignee (if known).

*                *                *                *                *

24Prescribed 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.

25Unidentified sheep or goat—unsafe circumstances

Regulation 24 does not apply in the circumstance of the dispatch of a sheep or a goat that has not been identified by an owner who—

(a)reasonably believes it is unsafe to identify the sheep or the goat in the manner prescribed under regulation 24; and

(b)has been issued a permit by an inspector authorising the dispatch of the sheep or the goat without the sheep or the goat being identified in the manner prescribed under regulation 24; and

(c)complies with any term or condition of the permit referred to in paragraph (b).

26Unidentified 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).

27Prescribed manner for identification of cattle directly dispatched from place of purchase

For the purposes of section 9 of the Act, in respect of any cattle that is dispatched directly from the place at which it was purchased for sale at a saleyard, slaughter at an abattoir or disposal at a knackery, the prescribed manner is a NLIS device attached to the cattle at the time of purchase.

28Prescribed manner for identification of pigs directly dispatched from place of purchase

For the purposes of section 9 of the Act, in respect of a pig that is dispatched directly from the place at which it was purchased for sale at a saleyard, slaughter at an abattoir or disposal at a knackery, the prescribed manner is an ear tag or tattoo borne by the pig at the time of purchase.

29Prescribed manner for identification of sheep and goats directly dispatched from place of purchase

For the purposes of section 9 of the Act, in respect of a sheep or a goat that is dispatched directly from the place at which it was purchased for sale at a saleyard, slaughter at an abattoir or disposal at a knackery, the prescribed manner is a NLIS ear tag or NLIS device borne by the sheep or the goat at the time of purchase.

*                *                *                *                *

31Prescribed manner of identification for cattle or pigs to be slaughtered or disposed of at a knackery

For the purposes of section 9 of the Act, in the case of any cattle or pig that is to be slaughtered at an abattoir or disposed of at a knackery and the cattle or pig is not identified in the manner set out in regulation 17, 20, 33 or 34 the prescribed manner of identification is that the operator of the abattoir or knackery—

(a)before the slaughter or disposal of the cattle or the pig determine the property at which the cattle or the pig was last kept or the lot or pen number at the relevant sale yard from which the cattle or the pig was collected; and

(b)keep a record of the information determined under paragraph (a) for 2 years.

32Pigs less than 25 kg may be identified with temporary tags

(1)For the purposes of section 9 of the Act, in the case of a pig that is not identified by an ear tag and weighs less than 25 kilograms and is to be sold in a saleyard or scale operation or slaughtered or disposed of at an abattoir or a knackery, the prescribed manner of identification is that—

(a)a selling agent ensure that a temporary ear tag in the form of Part K of Schedule 3 be attached to an ear of the pig in accordance with the manufacturer's instructions; and

(b)the following details are recorded against the tag number by the selling agent—

(i)the name and address of the person selling the pig;

(ii)the property identification code (if issued) or the brand identifying the property from which the pig was dispatched.

(2)The selling agent must keep the details recorded in accordance with subregulation (1)(b) for 2 years.

Penalty:10 penalty units.

33Pigs may be identified with temporary tattoos

(1)For the purposes of section 9 of the Act, in the case of a pig that is not identified by a tattoo and weighs 25 kilograms or more and is to be sold in a saleyard or scale operation or slaughtered or disposed of at an abattoir or a knackery, the prescribed manner of identification is that—

(a)a selling agent ensure that a temporary tattoo in accordance with Part L of Schedule 3 be applied to the pig such that the tattoo is readable and located—

(i)in the case that there is no tattoo on the right shoulder of the pig, on the right shoulder of the pig; or

(ii)in the case that 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

(iii)in the case that 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

(iv)in the case that 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; and

(b)the following details are recorded against the tattoo brand by the selling agent—

(i)the name and address of the person selling the pig;

(ii)the property identification code (if issued) or other details identifying the property from which the pig was dispatched.

(2)The selling agent must keep the details recorded in accordance with subregulation (1)(b) for 2 years.

Penalty:10 penalty units.

34Cattle may be identified with temporary tags

(1)For the purposes of section 9 of the Act, in the case of cattle that is not identified by a NLIS device and a selling agent or a scale operator reasonably believes it is unsafe to attach a NLIS device and the cattle is to be sold in a saleyard or scale operation or slaughtered or disposed of at an abattoir or a knackery, the prescribed manner of identification is—

(a)a temporary tail tag in the form of Part C of Schedule 3 attached to the tail of the cattle, before the cattle leave the saleyard or scale operation; and

(b)that the selling agent or the scale operator who attaches a temporary tail tag under paragraph (a) records the following information against the tag number by the close of business on the day the temporary tag was attached—

(i)the name and address of the person selling the cattle;

(ii)the property identification code (if issued) identifying the property from which the cattle was dispatched;

(iii)the number on each temporary tail tag attached to the cattle and the date it was attached;

(iv)the unique serial number on the vendor declaration accompanying the cattle;

(v)the property identification code of the property of destination for the cattle.

(2)A selling agent or scale operator must keep the information recorded in accordance with subregulation (1)(b) for 2 years.

Penalty:10 penalty units.

(3)The selling agent or the scale operator who records information under subregulation (1)(b) must provide within 2 working days that information to the Secretary in the manner specified by the Secretary.

Penalty:10 penalty units.

35Non-functioning identification device ortag may be removed

(1)For the purposes of section 9A(2)(c) of the Act—

(a)a NLIS device may be removed if the device cannot be read with a reader; and

(b)a NLIS ear tag may be removed if the identifying numbers cannot be visually read.

(1A)A person who removes a NLIS device or NLIS ear tag from livestock under subregulation (1) must immediately after the removal—

(a)attach a new NLIS device or NLIS ear tag to the livestock in accordance with this Division; and

(b)provide to the Secretary or a person nominated by the Secretary, in the manner required by the Secretary, a record that specifies—

(i)the visually readable information printed on the NLIS device or NLIS ear tag that was removed, or if there is no visually readable information, a statement to that effect; and

(ii)the visually readable information on the replacement NLIS device or NLIS ear tag; and

(iii)in the case that a replacement NLIS device is used, the information recorded electronically on the replacement NLIS device.

Penalty:10 penalty units.

(2)In this regulation reader means an instrument—

(a)that is used to scan a NLIS device; and

(b)that is capable of detecting and decoding the number encoded on the transponder in a NLIS device.

36Disposal of removed NLIS device or NLIS ear tag

A person who removes a NLIS device or NLIS ear tag from livestock must dispose of the NLIS device or NLIS ear tag in a manner that prevents its reuse.

Penalty:10 penalty units.

37NLIS device not to be re-used without authority

A person must not without the approval of the Secretary use for the identification of livestock, a NLIS device that has previously been used to identify livestock.

Penalty:10 penalty units.

Division 2—Identification of livestock brought into Victoria

38Identification of livestock brought into Victoria

For the purposes of section 10(2)(a) of the Act, for a person who brings into Victoria any cattle, pig, sheep or goat from another State or a Territory of the Commonwealth, the prescribed requirements are—

(a)in the case of cattle, the cattle must be identified by means of a NLIS device that identifies the cattle in accordance with any laws relating to identification of livestock of the State or Territory from which the cattle was dispatched; and

(b)in the case of a pig, the pig must be identified by a tattoo or ear tag that contains the brand that identifies the property from which the pig was dispatched in accordance with any laws relating to identification of livestock of the State or Territory from which the pig was dispatched; and

(c)in the case of a sheep or a goat, the sheep or the goat must be identified by means of a NLIS device or a NLIS ear tag that identifies the sheep or the goat in accordance with any laws relating to identification of livestock of the State or Territory from which the sheep or the goat was dispatched; and

(d)that a consignment is accompanied by a completed and accurate vendor declaration; and

(e)any requirement determined by the Secretary.

Division 3—Permanent identification of livestock

39Prescribed classes of livestock to be permanently identified

For the purposes of section 9A of the Act, the prescribed classes of livestock are pigs, sheep and goats.

40Prescribed circumstances for permanent identification of prescribed classes of livestock

(1)For the purposes of section 9A(1)(b) of the Act, the prescribed circumstances, in the case of cattle, are—

(a)before the cattle are dispatched from the property at which they are being kept—

(i)to another property for grazing, feeding or exhibition if the other property has a different property identification code; or

(ii)to another property after private sale of the cattle; or

(iii)to another property in any other circumstances other than those set out in section 9(1) of the Act; and

(b)in the case of cattle not permanently identified that are introduced to a property before being dispatched from that property.

(2)For the purposes of section 9A(1)(b) of the Act, the prescribed circumstances, in the case of a sheep or a goat are, before the sheep or the goat is removed from the property at which it is being kept to another property—

(a)for grazing, feeding or exhibition if that other property has a different property identification code; or

(b)after private sale of the sheep or the goat.

Division 4—General

41Livestock prescribed for the purposes of section 9B

For the purposes of section 9B(1) of the Act, the prescribed classes of livestock are camels, pigs, sheep, goats, horses, alpaca, llama, deer and poultry.

42Applications for property identification code

(1)For the purposes of section 9B(3)(a) of the Act, the prescribed manner is—

(a)in writing in a form approved by the Secretary; or

(b)by electronic communication on the Internet site of the Department; or

(c)by sending to the Secretary by post, fax or by any other form or communication approved by the Secretary in writing in the form approved by the Secretary.

(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.

(3)For the purposes of paragraph (e) of the definition of livestock business in section 9B(7) of the Act, a prescribed class of business is—

(a)a business undertaken by a stock and station agent; or

(b)a business dealing with the buying or selling of livestock or the carcases of livestock; or

(c)a business dealing with the displaying or exhibiting of livestock; or

(d)an artificial breeding centre.

(4)In this regulation council has the same meaning as in the Local Government Act 1989.

43NLIS tags and devices are specific to property

A person, other than a person approved by the Secretary, must not attach a NLIS device or NLIS ear tag to any livestock on a property if the property identification code visible on the NLIS ear tag or encoded on the NLIS device is not the property identification code allocated by the Secretary to that property.

Penalty:10 penalty units.

44Tags, devices and tattoo brands to be returned where livestock no longer kept at property

The owner of any cattle or livestock of a class prescribed in regulation 39, in respect of which a property identification code has been issued, who permanently ceases to keep the cattle or the livestock on the property identified by the code must—

(a)immediately notify the Secretary of that fact; and

(b)return to the Secretary any unused ear tags or approved NLIS devices and any tattoo brands in the owner's possession that were used to identify the cattle, pigs, sheep or goats.

Penalty:10 penalty units.

45Carcase to remain identified until tests carried out

An operator of an abattoir or knackery must, in respect of all cattle, pigs, sheep or goats ensure that any NLIS ear tag, NLIS device, tattoo or other identification tag that was attached to cattle, pigs, sheep or goats before being slaughtered is able to be related to the carcase of the cattle, pigs, sheep or goats until the carcase has passed all examinations and tests required to be carried out by the inspection and quality assurance process at that abattoir or knackery.

Penalty:20 penalty units.

PART 6—INTRODUCTION OF LIVESTOCK, LIVESTOCK
PRODUCTS, FODDER OR FITTINGS INTO VICTORIA

Division 1—Certification of livestock,
livestock products, fodder or fittings introduced into Victoria

46Prescribed manner of certification

For the purposes of section 10(2) and (3) of the Act, the following manner of certification is prescribed—

(a)in the case of cattle from Queensland, Western Australia or the Northern Territory, that is not being sent directly to an abattoir for slaughter, a certificate in the form of—

(i)Part A of Schedule 4 completed by the owner of the cattle 14 days or less before the introduction of the cattle into Victoria; and

(ii)Part B of Schedule 4 completed by an authorised officer;

(b)in the case of pigs from Western Australia or the area of Queensland north of the Tropic of Capricorn or the Northern Territory, that are not being sent directly to an abattoir for slaughter, a certificate in the form of—

(i)Part A of Schedule 5 completed by the owner of the pigs 14 days or less before the introduction of the pigs into Victoria; and

(ii)Part B of Schedule 5 completed by an authorised officer;

(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.

47Owner must forward certificate to Secretary

(1)An owner of livestock who has completed a certificate in the manner prescribed under regulation 46(a) or (b) must give that certificate to the Secretary 48 hours or less after the introduction of the relevant livestock into

Victoria.

(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.

48Copy of certificate must accompany livestock, livestock products etc.

(1)A person who introduces cattle or pigs into Victoria that are the subject of a certificate completed in the manner prescribed under regulation 46(a) or (b) must ensure that a copy of the certificate—

(a)accompanies the relevant cattle or pigs; and

(b)is given to the consignee specified in the certificate.

(2)A person who introduces any bees, bee products, pollen or used beekeeping fittings into Victoria that are the subject of a certificate completed in the manner prescribed under regulation 46(c) must ensure that a copy of the certificate—

(a)accompanies the bees, bee products, pollen or used beekeeping fittings; and

(b)is given to the consignee specified in the certificate.

49Consignee to retain copy of certificate

A consignee who has been given a copy of a certificate under regulation 48 must retain it for 3 months after the date of the certificate.

Penalty:10 penalty units.

Division 2—Restrictions on introduction of livestock, livestock products, fodder or fittings into Victoria

50Livestock subject to quarantine or restrictions on movement must not be introduced into Victoria

(1)Subject to subregulation (3), a person must not, without the written approval of the Secretary, introduce into Victoria from any State or Territory of the Commonwealth any livestock (other than bees) which is—

(a)from a quarantine area under the laws of that State or Territory; or

(b)subject to restrictions on movement under the laws of that State or Territory.

(2)For the purposes of subregulation (1), the Secretary may give an approval subject to conditions (if any) if the Secretary is satisfied that the introduction of the livestock into Victoria is unlikely to lead to the transmission of disease from the livestock to other livestock or humans.

(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.

51Restrictions on introduction of cattle from Queensland, Western Australia and Northern Territory

A person must not introduce into Victoria any cattle from Queensland, Western Australia or the Northern Territory unless the cattle—

(a)is in good health and free from cattle tick; and

(b)travels by direct transport without being agisted or depastured en route except for any necessary stops for feeding and watering; and

(c)has been inspected by the owner required to complete Part A of Schedule 4 under regulation 46(a)(i), 14 days or less before introduction of the cattle.

52Restrictions on introduction of pigs from the Northern Territory, Western Australia or Queensland

A person must not introduce into Victoria any pig from any area of Western Australia or Queensland north of the Tropic of Capricorn, or the Northern Territory unless—

(a)it comes from a herd—

(i)recognised as being free of swine brucellosis under the laws of that State or Territory of the Commonwealth; or

(ii)in which swine brucellosis is not known to exist and the pig has, 30 days or less before entry into Victoria, been subjected to a blood test for swine brucellosis and the test has given a negative result; and

(b)the pig is in good health and not under surveillance because of disease; and

(c)the pig has been inspected by the owner required to complete Part A of Schedule 5 under regulation 46(b)(i), 14 days or less before introduction of the pig.

53Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings from an area subject to restrictions on movement in other Commonwealth jurisdiction

(1)Subject to regulation 54(2), a person must not, without the written approval of the Secretary, introduce into Victoria any bees, bee products, pollen or used beekeeping fittings from an apiary that is under the laws of the State or Territory of the Commonwealth in which the apiary is located—

(a)in a quarantine area in respect of a disease of bees; or

(b)in an area subject to restrictions on the movement of bees, bee products, pollen or beekeeping fittings due to a disease of bees.

(2)For the purposes of subregulation (1), the Secretary may give an approval subject to conditions (if any) if the Secretary is satisfied that the introduction of the bees, bee products, pollen or used beekeeping fittings into Victoria is unlikely to lead to the transmission of disease from the bees, bee products, pollen or used beekeeping fittings to other livestock or humans.

(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.

54Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings—disease of bees

(1)Subject to subregulation (2), a person must not introduce into Victoria any bees (including queen cells, queen bees, escorts, packaged bees), bee products, pollen or used beekeeping fittings unless they are—

(a)from an apiary recognised under the laws of the State or Territory of the Commonwealth in which the apiary is located as not showing symptoms of American foulbrood disease; and

(b)from hives not showing field symptoms of any other disease of bees.

(2)A person may introduce into Victoria any honey, beeswax or pollen, used beekeeping fittings or hives affected by American foulbrood disease if—

(a)the pollen and used beekeeping fittings have been sufficiently irradiated by gamma radiation to eliminate any American foulbrood disease before introduction; or

(b)the honey, beeswax, pollen or used beekeeping fittings are placed in containers which are (except for containers placed inside a larger container and in that case only the larger container is labelled) labelled with weather-proof labels setting out—

(i)the name of the owner of the apiary from which the honey, beeswax, pollen or fittings originated or the name of the owner's agent; and

(ii)a contact telephone number of an inspector and the words "This load contains American foulbrood diseased material which is highly infectious to honey bees. In the event of an accident contact an apiary inspector appointed under the Livestock Disease Control Act 1994 as soon as possible"; or

(c)the person ensures that the honey or beeswax is treated at a processing plant approved by the Secretary to eliminate the American foulbrood disease immediately after its introduction into Victoria; or

(d)the person ensures that the pollen or used beekeeping fittings will be sufficiently irradiated by gamma radiation to eliminate any American foulbrood disease at a plant approved by the Secretary, immediately after its introduction into Victoria.

*                *                *                *                *

56Prescribed requirement—introduction of comb honey

For the purposes of section 10(2)(a) of the Act, it is a prescribed requirement that any comb honey from an apiary in Tasmania is not introduced into Victoria unless before the comb honey is introduced—

(a)the comb honey is frozen to minus 15 degrees centigrade and held at that temperature for 24 hours; and

(b)the comb honey is stored and transported in bee-free containers or transport vehicles; and

(c)the comb honey is cut and packed in a bee‑free area; and

(d)no other comb honey is on the premises whilst the comb honey is being processed; and

(e)copies of a temperature data log endorsed by the government apiary officer who completes the certificate referred to in regulation 46 accompany those certificates.

57Prescribed requirement—introduction of pollen

For the purposes of section 10(2)(a) of the Act, it is a prescribed requirement that any pollen for feeding to bees is not introduced into Victoria unless—

(a)it has been irradiated to a minimum 15 kilogray before introduction; or

(b)the person ensures that the pollen will be so irradiated immediately after its introduction.

58Offence to feed pollen not irradiated to bees

A person must not feed to bees, pollen that has been introduced into Victoria, unless the pollen has been irradiated to a minimum 15 kilogray before or immediately after its introduction.

Penalty:10 penalty units.

PART 7—TESTING FOR DISEASES

59Testing for diseases

(1)For the purposes of section 16(2A)(f) of the Act, the information prescribed is the animal identifier of the livestock from which the sample or specimen was taken.

(1A)For the purposes of section 16(2B)(f) of the Act, the following information is prescribed—

(a)the animal identifier of the livestock from which the sample or specimen was taken;

(b)a brief description of the sample or specimen submitted;

(c)a brief description of the test, analysis or the diagnostic examination performed on the sample or specimen;

(d)a brief description of the results of the test, analysis or diagnostic examination;

(e)any comments on the relevance of the test, analysis or diagnostic examination performed;

(f)any provisional and final diagnosis in relation to the test, analysis or diagnostic examination.

(2)For the purposes of section 16(3)(a) of the Act the prescribed standard is—

(a)in the case of the determination of whether or not a sample or specimen is infected with a disease—ANZSDP; or

(b)in any other case, the relevant part of the ASDT for a disease.

(3)For the purposes of section 16(4) of the Act, the prescribed standard is AS ISO/IEC 17025:2018 General requirements for the competence of testing and calibration laboratories published on 16 April 2018, as amended and in force from time to time.

60Records to be kept in relation to laboratory examinations

For the purposes of section 16(3)(b) of the Act, the following are the prescribed records—

(a)a record of the date of submission of a sample or specimen;

(b)a record of the name and address of the owner of the livestock from which the sample or specimen is submitted;

(c)a record of the name and address of the person submitting the sample or specimen;

(d)a record of the property identification code identifying the property at which the livestock is kept;

(e)a record of the animal identifier;

(f)a record of a brief description of the sample or specimen submitted;

(g)a record of a brief description of the test, analysis or the diagnostic examination performed on the sample or specimen;

(h)a record of a brief description of the results of the test, analysis or diagnostic examination;

(i)a record of any comments on the relevance of the test, analysis or diagnostic examination performed;

(j)a record of any provisional and final diagnosis in relation to the test, analysis or diagnostic examination;

(k)a record of a sample or specimen submitted to the laboratory, in a form fixed in formalin;

(l)a record of a sample or specimen produced by the laboratory, in a form embedded in paraffin.

61Period that records are to be kept

For the purposes of section 16(3)(b) of the Act, a record referred to in regulation 60 must be kept for 7 years after—

(a)in the case of records referred to in regulation 60(a) to (j), the date that the prescribed record is submitted to the Secretary; and

(b)in the case of a record referred to in regulation 60(k), the date the sample or specimen was submitted to the laboratory; or

(c)in the case of a record referred to in regulation 60(l), the date that the sample or specimen was produced by the laboratory.

62Time and manner of submitting records to the Secretary

For the purposes of section 16(3)(b) of the Act, the prescribed time and manner for submitting records referred to in regulation 60(a) to (j) to the Secretary is—

(a)in the case of a disease listed in Part A of Schedule 2, immediately after the test, analysis or diagnostic examination is completed, by hand delivery or electronic transmission; and

(b)in the case of a disease listed in Part B of Schedule 2, within 7 days after the test, analysis or diagnostic examination is completed, by hand delivery, post or electronic transmission; and

(c)in the case of an exotic disease, immediately after the test, analysis or diagnostic examination is completed, by hand delivery or electronic transmission.

PART 8—PREVENTION OF SPREAD OF DISEASE

Division 1—Vaccinating of livestock

63Requirement to vaccinate for Newcastle disease

(1)An owner of a commercial flock of poultry, other than an owner who holds an approval given by the chief veterinary officer, must ensure that all chickens in the commercial flock of poultry are vaccinated and serologically monitored in accordance with the Newcastle Disease Management Plan.

Penalty:20 penalty units.

(2)An owner of a commercial flock of poultry, other than an owner who holds an approval given by the chief veterinary officer, must ensure that any chickens introduced into the flock—

(a)have been vaccinated in accordance with the Newcastle Disease Management Plan; and

(b)are accompanied by a vendor declaration that includes the following particulars—

(i)the age and number of chickens;

(ii)the date of vaccination and type of Newcastle disease vaccine administered.

Penalty:20 penalty units.

(3)An owner of a commercial flock of poultry must on the direction of the chief veterinary officer, submit the chickens for sampling for Newcastle disease to a veterinary practitioner or an inspector approved by the Secretary.

Penalty:20 penalty units.

(4)An owner of a commercial flock of poultry must notify the chief veterinary officer of any adverse reaction or suspected adverse reaction to any Newcastle disease vaccine administered to the commercial flock of poultry within 48 hours of the vaccination being administered.

Penalty:20 penalty units.

(5)An owner of a commercial flock of poultry must from the date of the administration of a Newcastle disease vaccine to the commercial flock of poultry keep for 3 years the following records—

(a)any vendor declarations received for chickens introduced to the commercial flock of poultry;

(b)any records of the type of Newcastle disease vaccine administered to the commercial flock of poultry and the date, location and age and number of chickens vaccinated;

(c)any records of serological monitoring of the commercial flock of poultry for Newcastle disease.

Penalty:20 penalty units.

(6)A person other than a person who holds an approval of the chief veterinary officer, must ensure that chickens introduced into a commercial flock of poultry—

(a)have been vaccinated in accordance with the Newcastle Disease Management Plan; and

(b)are accompanied by a vendor declaration that includes the following particulars—

(i)the age and number of the chickens;

(ii)the date of vaccination and type of Newcastle disease vaccine administered.

(7)In this regulation an owner means an owner of a commercial flock of poultry but does not include—

(a)an owner of a commercial flock of poultry who is the holder of a permit issued under section 30(2) of the Act who is operating in accordance with that permit while that permit is in force; or

(b)an owner of a commercial flock of poultry tested by a veterinary diagnostic laboratory registered by the Secretary under section 16(1) of the Act found to not contain a pathogen capable of causing disease.

64Restrictions on the use of vaccines for certain diseases

(1)A person other than a person who is authorised by the Secretary under regulation 65, must not administer a vaccine to any livestock for the control or treatment of anthrax or any exotic disease.

Penalty:20 penalty units.

(2)A person who is authorised under regulation 65 must comply with any condition that applies to that authorisation.

Penalty:20 penalty units.

(3)In the case that a person authorised under regulation 65 is not the owner of the livestock to be vaccinated, the owner of the livestock must not without reasonable excuse refuse or fail to provide such assistance as a person or a class of persons authorised under regulation 65 may reasonably require to administer a vaccine to the owner's livestock.

Penalty:20 penalty units.

65Authorisation of person or class of person to administer vaccine

(1)The Secretary, by instrument, may authorise a person or class of persons to administer a vaccine to any livestock for the control or treatment of anthrax or an exotic disease.

(2)The terms and conditions of an authorisation of a person or class of persons under subregulation (1) may—

(a)direct that an authorisation is limited to specific livestock or class of livestock; and

(b)direct that an authorisation is limited to a specific vaccine; and

(c)contain general directions as to how the person's authorisation may be exercised; and

(d)impose conditions, requirements or restrictions which may include—

(i)requirements for mustering, separation or isolation for vaccination, during vaccination or for a specified period after vaccination; or

(ii)restrictions on slaughter of the livestock for human consumption; or

(iii)requirements for, or restrictions on the sale or export from Victoria of the livestock.

(3)The Secretary, in writing, may vary or revoke the authorisation of a person or a class of persons at any time.

66Requirement for vaccination for anthrax

(1)An inspector, by notice in writing, may require an owner of livestock to vaccinate the owner's livestock and any other livestock born on or introduced to a property on which the livestock is kept during the period specified in the notice if the inspector believes on reasonable grounds that—

(a)livestock are infected with anthrax; or

(b)livestock are at risk of becoming infected with anthrax; or

(c)anthrax is present on a property on which the livestock is kept; or

(d)there is a risk that anthrax may be present on a property on which the livestock is kept.

(2)A notice given under this regulation may—

(a)apply to livestock of a specified species; or

(b)specify the period within which the notice applies; or

(c)require one or more vaccinations over a period that the notice applies; or

(d)require vaccination to occur within a specified time including a specified time of a year or at a specified age of the livestock; or

2.   All the cattle have been identified with a NLIS device in accordance with the Livestock Disease Control Regulations 2017 of Victoria.

3.   I believe the cattle are in good health and are free from cattle tick.

*4.Neither the cattle described above, nor the property of origin of the cattle are under quarantine or restrictions because of disease in the cattle.

*5.The cattle are from a property under quarantine or subject to restrictions because of disease in the cattle but the Secretary to the Department of Energy, Environment and Climate Action (Victoria) has given the attached written approval for their introduction.

6.   The information furnished on this certificate is, to the best of my knowledge and belief, correct in every particular.

Signature of *owner/*owner's agent on behalf of the owner:

Date:     /    /    

Calves means heifers, bulls or steers less than 6 months of age or at foot

*Strike out alternatives not applicable

Part B

Certification by authorised officer

I,  [full name]

of  [business address]

being an authorised officer within the meaning of the Livestock Disease Control Regulations 2017 of Victoria, CERTIFY THAT, after due inquires and to the best of my knowledge and belief, the particulars of the certification made by the owner or the owner's agent on behalf of the owner are correct.

Signature of authorised officer:  Stationed at:

Status of authorised officer:  Date:     /    /    

Note 1:Regulation 47(1) requires that the owner of livestock to be introduced into Victoria must forward the certificates in Part A

and Part B to the Secretary to the Economic Development, Jobs, Transport and Resources (Victoria) within 48 hours after their introduction.

Note 2:Regulation 46(a)(i) requires that an owner introducing cattle into Victoria must ensure that the certificates in Part A and Part B are completed 14 days or less before introduction of the cattle.

Note 3:Regulation 51 requires that cattle introduced into Victoria have been inspected by the person who completes the Part A certificate within 14 days before introduction of the cattle.

SCHEDULE 5

Regulations 46 and 52

Livestock Disease Control Act 1994

Livestock Disease Control Regulations 2017

INTRODUCTION OF PIGS INTO VICTORIA FROM ANY AREA OF WESTERN AUSTRALIA OR QUEENSLAND NORTH OF THE TROPIC OF CAPRICORN OR THE NORTHERN TERRITORY

Part A

Certification by owner

1.   Particulars of pigs

Number:  Breed:

Sex:  Description:

Property identification number of property of dispatch of pigs:

Method of transport:

Proposed place and date of introduction:  /    /    

2.   Owner/agent particulars

Name and address of owner:

Name of consignee:

Address of consignee:

Name and address of owner's agent (if any):

3.   Certification

I,  [print full name]

of  [address]

being the *owner/*owner's agent of the pigs described above
CERTIFY THAT:

1.I have inspected the pigs described above on       [date].

2.I believe the pigs to be in good health and not at present under surveillance because of disease.

*3.The pigs described above are not under restrictions, or from an area under quarantine, because of a disease of pigs.

*4.The pigs described above are under restrictions because of a disease of pigs or from an area under quarantine because of a disease of pigs but the Secretary to the Department of Energy, Environment and Climate Action (Victoria) has given the attached written approval for their introduction.

*5.The herd of origin of the pigs is recognised as being free of
swine brucellosis.

*6.The pigs were blood tested within 30 days before their
introduction into Victoria and the test was negative in respect
of swine brucellosis and swine brucellosis is not known to
exist in the herd of origin.

7.The information furnished on this certificate is, to the best of my knowledge and belief, correct in every particular.

Signature of *owner/*owner's agent on behalf of the owner:

Date:     /    /    

*Strike out alternatives not applicable

Part B

Certification by authorised officer

I,  [full name]

of  [business address]

being an authorised officer within the meaning of the Livestock Disease Control Regulations 2017 of Victoria, CERTIFY THAT, after due inquiry and to the best of my knowledge and belief, the particulars of the certification made by the owner or the owner's agent on behalf of the owner are correct.

Signature of authorised officer:  Stationed at:

Status of authorised officer:  Date:     /    /    

Note 1:Regulation 47(1) requires that the owner of livestock to be introduced into Victoria must forward the certificates in Part A
and Part B to the Secretary to the Economic Development, Jobs, Transport and Resources (Victoria) 48 hours or less after their introduction.

Note 2:Regulation 46(b)(i) requires that a person introducing pigs into Victoria must ensure that the certificates in Part A and Part B are completed 14 days or less before introduction of the pigs.

Note 3:Regulation 52 requires that pigs introduced into Victoria have been inspected by the owner who completes the Part A certificate 14 days or less before introduction of the pigs.

*                *                *                *                *

*                *                *                *                *

SCHEDULE 8

Regulation 74

Livestock Disease Control Act 1994

Livestock Disease Control Regulations 2017

NOTICE OF DISPOSAL OF HIVES

I,  [print full name]

of  [print address]

Registration no.:

GIVE NOTICE that I have disposed of  [number]  hives, formerly my property

to:  [full name of new owner(s)]

of:   [address of new owner(s)]

New owner's registration no.:

I now own  [number]  hives.

Signed:[disposer's signature]    Dated:     /    /    

SCHEDULE 9

Regulation 76

Livestock Disease Control Act 1994

Livestock Disease Control Regulations 2017

CERTIFICATION AND STATEMENT OF STOCK HEALTH ON LICENSED SEMEN COLLECTION PREMISES

Part A

Certification by veterinary practitioner

I,  [name of veterinary practitioner]  being a veterinary practitioner within the meaning of the Livestock Disease Control Regulations 2017, whose signature appears below,

in respect of the premises  [name of premises if any]

being premises located at  [address of premises]

CERTIFY:

1.that I have, within the preceding 14 days, examined all livestock on the premises and found them to be free from evidence of infectious and contagious disease;

2.that during the past 12 months, no evidence of infectious disease has been observed in the breeding sires on the premises or in livestock bred there from those sires with the following exceptions:

Sire
Disease observed Number of progeny affected

(attach a separate sheet if insufficient space);

3.that, during the 12 months ending on 31 December, no sires have been used for collection of semen for sale on the premises unless approved by the Secretary under section 55 of the Livestock Disease Control Act 1994;

4.that all livestock on the premises have been re-tested with negative results, or where applicable treated in accordance with the conditions of the licence with the exception of the following animals, for the reasons stated:

Animal
Test required Reason for the exception

[attach a separate sheet if insufficient space].

Signed:[veterinary practitioner]  Date:     /    /    

Part B

Statement of licensee

I,  [name of licensee]   being the licensee of the premises                 [name of premises]    located at   [address of premises] state that to the best of my knowledge and belief, the statements made by the veterinary practitioner in Part A of this Schedule are true and correct.

Signed: Date:     /    /    

SCHEDULE 10—PRESCRIBED ACTS OF THE COMMONWEALTH AND STATES AND TERRITORIES OF THE COMMONWEALTH

Regulation 108

Acts of Victoria

Environment Protection Act 2017

Drugs, Poisons and Controlled Substances Act 1981

Food Act 1984

Wildlife Act 1975

Acts of the Commonwealth

Agricultural and Veterinary Chemicals Act 1994

Biosecurity Act 2015

Export Control Act 1982

Acts of the State of New South Wales

Biosecurity Act 2015

Fisheries Management Act 1994

Pesticides Act 1999

Stock Medicines Act 1989

Acts of the State of South Australia

Agricultural and Veterinary Chemicals (South Australia) Act 1994

Agricultural and Veterinary Products (Control of Use) Act 2002

Fisheries Management Act 2007

Livestock Act 1997

Acts of the State of Queensland

Agricultural and Veterinary Chemicals (Queensland) Act 1994

Agricultural Chemicals Distribution Control Act 1966

Biosecurity Act 2014

Chemical Usage (Agricultural and Veterinary) Control Act 1988

Fisheries Act 1994

Acts of the State of Tasmania

Agricultural and Veterinary Chemicals (Tasmania) Act 1994

Animal (Brands and Movement) Act 1984

Animal Health Act 1995

Biosecurity Act 2019

Acts of the State of Western Australia

Agriculture and Related Resources Protection Act 1976

Agricultural and Veterinary Chemicals (Western Australia) Act 1995

Biosecurity and Agriculture Management Act 2007

Dangerous Goods Safety Act 2004

Exotic Diseases of Animals Act 1993

Health (Miscellaneous Provisions) Act 1911

Veterinary Chemical Control and Animal Feeding Stuffs Act 1976

Acts of the Northern Territory

Agricultural and Veterinary Chemicals (Control of Use) Act 2004

Agricultural and Veterinary Chemicals (Northern Territory) Act 1994

Fisheries Act 1988

Livestock Act 2008

Medicines, Poisons and Therapeutic Goods Act 2012

Territory Parks and Wildlife Conservation Act 1976

Acts of the Australian Capital Territory

Animal Diseases Act 2005

Stock Act 2005

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

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Livestock Disease Control Regulations 2017, S.R. No. 57/2017 were made on 27 June 2017 by the Governor in Council under section 139 of the Livestock Disease Control Act 1994, No. 115/1994 and came into operation on 1 July 2017: regulation 3.

The Livestock Disease Control Regulations 2017 will sunset 10 years after the day of making on 27 June 2027 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Livestock Disease Control Regulations 2017 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Livestock Disease Control Amendment Regulations 2018, S.R. No. 118/2018

Date of Making:	4.9.18
Date of Commencement:	5.9.18: reg. 3

Livestock Disease Control Further Amendment Regulations 2018, S.R. No. 171/2018

Date of Making:	23.10.18
Date of Commencement:	23.10.18

Livestock Disease Control Amendment (Beekeeping) Regulations 2019, S.R. No. 42/2019

Date of Making:	12.6.19
Date of Commencement:	12.6.19: reg. 3

Livestock Disease Control Amendment Regulations 2020, S.R. No. 1/2020

Date of Making:	29.1.20
Date of Commencement:	1.2.20: reg. 3

Livestock Disease Control Amendment Regulations 2024, S.R. No. 5/2024

Date of Making:	6.2.24
Date of Commencement:	7.2.24: reg. 3

Livestock Disease Control Further Amendment Regulations 2024, S.R. No. 95/2024

Date of Making:	24.9.24
Date of Commencement:	1.10.24: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

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.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 57/2017 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 ANZSDP, Regulation 59(2)(a)	Australian and New Zealand Standard diagnostic procedures for use in Australian veterinary laboratories, published on 8 December 2016 by the Commonwealth Department of Agriculture and Water Resources on its Internet site	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 Definition of ASDT, Regulation 59(2)(b)	Australian standard diagnostic techniques for animal diseases published in 1993 by the Standing Committee on Agriculture and Resource Management as published or amended from time to time	The whole
Regulation 5 Definition of AS ISO/IEC 17025-2005, Regulation 59(3)	Australian Standard AS ISO/IEC 17025—2005 "General requirements for the competence of testing and calibration laboratories" Second Edition published in 2005 by Standards Australia	The whole
Regulation 5 Definition of Newcastle Disease Management Plan, Regulations 63(1), 63(2)(a), 63(6)(a)	National Newcastle Disease Management Plan 2013-2016 Version 1.7 published on 29 July 2013 by the Australian Animal Health Council Ltd.	The whole

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 118/2018 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 21(2) of the Livestock Disease Control Amendment Regulations 2018 which substitutes regulation 59(3) of the Livestock Disease Control Regulations 2017	AS ISO/IEC 17025:2018 General requirements for the competence of testing and calibration laboratories published by Standards Australia on 16 April 2018	The whole

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 5/2024 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