Livestock Variation Regulations 2015 (SA)

Case

South Australia

Livestock Variation Regulations 2015

under the Livestock Act 1997

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Livestock Regulations 2013

4            Variation of regulation 3—Interpretation

5            Revocation of regulation 17

6            Variation of regulation 18—Conditions of registration of artificial breeding centre

7           Revocation of regulation 19

8            Variation of regulation 21—Term of registration and renewal

9            Substitution of heading to Part 7

Part 7—Prescribed vaccines

10          Substitution of regulations 27 to 29

27          Sale or supply of prescribed vaccines

11          Variation of regulation 30—Prohibition on use of diagnostic reagents and diagnostic assay

12          Revocation of regulation 31

13          Variation of regulation 34—HGP free declarations

14          Revocation of regulations 35 and 36

15          Substitution of regulation 50

50          Information about restricted animal material content

16          Revocation of Schedule 1

17          Variation of Schedule 3—Fees

18          Variation of Schedule 4—Transitional provisions

Part 1—Preliminary

1—Short title

These regulations may be cited as the Livestock Variation Regulations 2015.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Livestock Regulations 2013

4—Variation of regulation 3—Interpretation

  1. Regulation 3(1), definitions of class 1 vaccine, class 2 vaccine, HGP free invoice and HGP free tag—delete the definitions

  2. Regulation 3(1)—after the definition of prescribed premises insert:

    prescribed vaccine means—

    (a)a preparation or substance capable of producing immunity in livestock to anthrax or rabies; and

    (b)any other preparation or substance determined by the Minister to be a prescribed vaccine for the purposes of these regulations;

  3. Regulation 3(1), definition of vaccine—delete the definition

  4. Regulation 3—after subregulation (3) insert:

    (4)The Minister may, by notice in the Gazette—

    (a)determine that a specified preparation or substance capable of producing immunity in livestock to a specified organism or disease syndrome is a prescribed vaccine for the purposes of these regulations; or

    (b)vary or revoke a determination under paragraph (a).

5—Revocation of regulation 17

Regulation 17—delete the regulation

6—Variation of regulation 18—Conditions of registration of artificial breeding centre

Regulation 18(b)—delete paragraph (b) and substitute:

(b)the premises to which registration of an artificial breeding centre relates must not, without the approval of the Chief Inspector, be used to carry out artificial breeding procedures not authorised by the registration;

7—Revocation of regulation 19

Regulation 19—delete the regulation

8—Variation of regulation 21—Term of registration and renewal

  1. Regulation 21(1)—delete "third" and substitute:

    fifth

  2. Regulation 21(2)—delete "3" and substitute:

    5

9—Substitution of heading to Part 7

Heading to Part 7—delete the heading and substitute:

Part 7—Prescribed vaccines

10—Substitution of regulations 27 to 29

Regulations 27 to 29 (inclusive)—delete the regulations and substitute:

27—Sale or supply of prescribed vaccines

A person must not sell or supply a prescribed vaccine for use on livestock unless—

(a)the sale or supply is to a veterinary surgeon, or to some other person approved by the Chief Inspector, for use by that person; and

(b)the sale or supply has been approved by the Chief Inspector.

Maximum penalty: $5 000.

11—Variation of regulation 30—Prohibition on use of diagnostic reagents and diagnostic assay

Regulation 30—delete "agent (including tuberculin, johnin, mallein or pullorum antigen)" and substitute:

reagent or a diagnostic assay for an exotic disease

12—Revocation of regulation 31

Regulation 31—delete the regulation

13—Variation of regulation 34—HGP free declarations

  1. Regulation 34(4)—delete "or an HGP free invoice"

  2. Regulation 34(5)—delete "or invoice"

14—Revocation of regulations 35 and 36

Regulations 35 and 36—delete the regulations

15—Substitution of regulation 50

Regulation 50—delete the regulation and substitute:

50—Information about restricted animal material content

A label or advice note for a stock food must contain the following statements that are clearly legible and prominently displayed on the label or advice note:

(a)if the stock food contains restricted animal material:

This product contains restricted animal material—DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS.;

(b)if the stock food does not contain restricted animal material:

This product does not contain restricted animal material.

16—Revocation of Schedule 1

Schedule 1—delete the Schedule

17—Variation of Schedule 3—Fees

  1. Schedule 3, item 3—delete "$339.00" and substitute:

    $70.00

  2. Schedule 3—after item 3 insert:

3a

Fee for inspection of an artificial breeding centre

$115.00 per hour plus a fee of $0.85 per kilometre travelled to and from the location of the artificial breeding centre

  1. Schedule 3, item 4—delete "$68.50" and substitute:

    $70.00

18—Variation of Schedule 4—Transitional provisions

  1. Schedule 4, Part 2, clause 2—before the definition of revoked regulations insert:

    class 1 vaccine has the same respective meaning as in regulation 3(1) of these regulations as in force immediately before the commencement of the Livestock Variation Regulations 2015;

  2. Schedule 4, Part 2, clauses 4 and 5—delete the clauses

  3. Schedule 4, Part 2—after clause 12 insert:

    12A—Term of registration—artificial breeding

    Despite regulation 21, a registration of a person to operate an artificial breeding centre or to carry out an artificial breeding procedure in force immediately before the commencement of the Livestock Variation Regulations 2015 remains in force for the period specified in regulation 21 as in force immediately before the commencement of the Livestock Variation Regulations 2015.

  4. Schedule 4, Part 2, clauses 14 to 16 (inclusive)—delete the clauses and substitute:

    14—Sale or supply of vaccines

    An approval by the Chief Inspector under regulation 15(1) of the revoked regulations in relation to a class 1 vaccine that—

    (a)was in force immediately before 22 August 2013; and

    (b)was, on that date, taken to be an approval of the Chief Inspector under regulation 27 of these regulations,

    will, on the commencement of the Livestock Variation Regulations 2015, be taken to be an approval of the Chief Inspector under regulation 27 of these regulations in relation to a prescribed vaccine.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 4 June 2015

No 57 of 2015

14MAFF0034

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