Stock Act 1915 (Qld)

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Stock Act 1915
Queensland Stock Act 1915 Current as at 5 April 2013
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the ReprintsAct1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Stock Act 1915 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4A When a person is in possession of something . . . . . . . . . . . . . . . 7 4B References to diseased or infected matter or thing . . . . . . . . . . . 7 4C Chemical or antibiotic residue may be prescribed as a disease. . 8 4D Appointment and qualifications of inspectors . . . . . . . . . . . . . . . . 8 4E Appointment conditions and limit on powers of inspectors. . . . . . 8 4F Issue of inspector’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . 9 4G Production or display of inspector’s identity card . . . . . . . . . . . . . 9 4H When inspector ceases to hold office. . . . . . . . . . . . . . . . . . . . . . 10 4I Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4J Return of inspector’s identity card . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Chief inspector and other inspectors . . . . . . . . . . . . . . . . . . . . . . 11 5B Appointment of approved veterinary surgeons. . . . . . . . . . . . . . . 11 5C Agreements between the Minister and approved veterinary surgeons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5D Authorised veterinary surgeons . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 Governor in Council may appoint districts . . . . . . . . . . . . . . . . . . 13 8 Stock Diseases Compensation and Stock Improvement Fund. . . 13 9 Assessments on milk and cream . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Dips etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11 Disease controls over introduction of stock and other matters and things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Minister may prohibit or restrict introduction or removal of stock . 16 12A Emergency disease notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13 Infected and declared areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Quarantine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Stock Act 1915 Contents 15 Stock may be destroyed in certain cases . . . . . . . . . . . . . . . . . . . 16 Requirement as to stock-proof fences . . . . . . . . . . . . . . . . . . . . . 17 Owner to be compensated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 When no compensation payable . . . . . . . . . . . . . . . . . . . . . . . . . 19 Local governments may destroy stray diseased stock . . . . . . . . . 20 Warranty implied on sale of stock. . . . . . . . . . . . . . . . . . . . . . . . . 21 Some stock movements require a travel permit . . . . . . . . . . . . . . 21A Types of stock movement that require a travel permit . . . . . . . . . 21B Issue of a travel permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21C Application for travel permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21D Change of route under a travel permit . . . . . . . . . . . . . . . . . . . . . 21E Travel permit for multiple movements . . . . . . . . . . . . . . . . . . . . . . 21F Cancellation of travel permit to prevent disease. . . . . . . . . . . . . . 21G Travel permit taken to be cancelled . . . . . . . . . . . . . . . . . . . . . . . 21H Cancelled travel permit must be returned on request. . . . . . . . . . 21I Duties concerning travel permit arising during stock movement . 21J Requirement to have travel permit relaxed in some cases. . . . . . 21K Only an inspector to issue, alter or endorse a travel permit . . . . . 22 Waybill to be completed and given to drover before stock movement ..................................... 22A Retention of copy of waybill given to drover . . . . . . . . . . . . . . . . . 22B Duties of drovers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22C Duties relating to waybill when stock delivered . . . . . . . . . . . . . . 22D Retention of waybill received from drover. . . . . . . . . . . . . . . . . . . 22E Entering of false or misleading information . . . . . . . . . . . . . . . . . 22F Waybill sometimes not required . . . . . . . . . . . . . . . . . . . . . . . . . . 22G Multiple conveyances permitted under single waybill . . . . . . . . . . 22H Examination of stock by owners of holdings. . . . . . . . . . . . . . . . . 22I Escape of travelling stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Regulation may provide for the non-application of travel permit and waybill requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Endorsement of waybill on inspection etc. . . . . . . . . . . . . . . . . . . 25 Drover to give notice before entering a holding . . . . . . . . . . . . . . 26 Branding of travelling sheep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Responsibilities about notifiable diseases and other diseases. . . 28 Swine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 24 24 25 26 28 28 29 30 31 31 31 32 32 33 33 34 34 35 36 37 38 38 38 39 39 40 40 40 41 41 42 44 Page 2
Stock Act 1915 Contents 28J Cattle Feedlot Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . 44 29 Powers of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 29A Production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 30 Disease eradication programs . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 31 Compensation relating to disease eradication programs . . . . . . . 56 32 Testing, treatment and isolation of stock and treatment of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 33 Control of residue disease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 34 Restricted entry into dwelling house. . . . . . . . . . . . . . . . . . . . . . . 62 35 Laboratories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 35A Certification relating to artificial breeding . . . . . . . . . . . . . . . . . . . 64 35B External review by QCAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 35C Application of QCATAct notice requirement . . . . . . . . . . . . . . . . 64 36 Appeals to Magistrates Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 36A Who may appeal to the District Court. . . . . . . . . . . . . . . . . . . . . . 65 36B Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 36C Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 36D Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 36E Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 36F Who may appeal to the Court of Appeal . . . . . . . . . . . . . . . . . . . 67 36G Appeal on questions of law only . . . . . . . . . . . . . . . . . . . . . . . . . . 67 36H Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 36I Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 36J Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 36K Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 37 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 39 Destroying notices etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 39A Feeding particular things to stock. . . . . . . . . . . . . . . . . . . . . . . . . 72 40 Expenses of destruction etc. of stock to be borne by the owner . 72 41 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 42 Offences generally and penalty . . . . . . . . . . . . . . . . . . . . . . . . . . 73 43 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 44 Liability for offence by agent or employee . . . . . . . . . . . . . . . . . . 75 45 Liability for offences by corporations . . . . . . . . . . . . . . . . . . . . . . 76 47 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 47A Chief executive may approve forms . . . . . . . . . . . . . . . . . . . . . . . 78 Page 3
Stock Act 1915 Contents 48 Schedule 1 1 2 3 4 5 6 6A 7 7A 7B 7C 7D 8 9 9A 10 11 12 13 14 15 16 16A 17 17A 17B 17C 18 19 20 22 23 Schedule 2 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subject matter for regulations . . . . . . . . . . . . . . . . . . . . . . . . . Movement of stock and other matter . . . . . . . . . . . . . . . . . . . . . . Isolation of stock. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of carcasses etc. from ship . . . . . . . . . . . . . . . . . . . . . . Destruction and disposal of stock etc. . . . . . . . . . . . . . . . . . . . . . Digging up carcasses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cleansing infected areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................... Spread of infection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chemicals, antibiotics. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contaminated places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contaminated fodder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................... Disinfection of stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quarantine of introduced stock. . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................... ................................................... Carriage of tick etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dipping etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................... Government dips etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................... ................................................... Prohibiting etc. movement etc. of certain stock . . . . . . . . . . . . . . Seizure of stock etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Feeding of stock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Piggeries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Laboratories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Valuing destroyed matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs and expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications of inspectors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 79 79 79 79 79 80 80 80 80 80 80 81 81 81 81 81 81 82 82 82 83 83 83 83 83 84 84 84 84 85 85 85 85 86 Page 4
Stock Act 1915 Contents Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . 93 93 94 94 95 100 118 Page 5
Stock Act 1915 Stock Act 1915 [s 1] [as amended by all amendments that commenced on or before 5 April 2013] An Act to consolidate and amend the law relating to diseases in stock 1 Short title This Act may be cited as the Stock Act 1915 . 4 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4A When a person is in possession of something A person is in possession of a matter or thing for the purposes of this Act, if the person has it under control in any place whether for the person’s own or another’s use or benefit and although another person has the actual custody of the matter or thing. 4B References to diseased or infected matter or thing In this Act, a reference to a diseased or infected matter or thing shall be taken to be a reference to a matter or thing that contains disease or is likely to cause disease in stock that come into contact with it. Current as at 5 April 2013 Page 7
Stock Act 1915 [s 4C] 4C Chemical or antibiotic residue may be prescribed as a disease A condition consisting of the presence of a chemical or antibiotic residue in the tissues of stock in excess of a particular concentration or level may be prescribed for the purposes of the definition disease in schedule 2, even if the presence of the residue would not be a disease apart from this Act. 4D Appointment and qualifications of inspectors (1) The chief executive may appoint any of the following persons as an inspector— (a) a public service officer or employee; (b) an employee of the Commonwealth or another State; (c) an employee of a local government; (d) a veterinary surgeon under the Veterinary Surgeons Act1936 ; (e) an individual included in a class of persons declared under a regulation to be an approved class of persons for this section. (2) However, the chief executive may appoint a person as an inspector only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience. 4E Appointment conditions and limit on powers of inspectors (1) An inspector holds office on any conditions stated in— (a) the inspector’s instrument of appointment; or (b) a signed notice given to the inspector; or (c) a regulation. (2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers under this Act. Page 8 Current as at 5 April 2013
Stock Act 1915 [s 4F] (3) In this section— signed notice means a notice signed by the chief executive. 4F Issue of inspector’s identity card (1) The chief executive must issue an identity card to each inspector. (2) The identity card must— (a) contain a recent photo of the inspector; and (b) contain a copy of the inspector’s signature; and (c) identify the person as an inspector under this Act; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. 4G Production or display of inspector’s identity card (1) In exercising a power under this Act in relation to a person, an inspector must— (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity. (3) For subsection (1), an inspector does not exercise a power in relation to a person only because the inspector— (a) has entered a place that is a public place and entry is made when it is open to the public; or (b) for the purpose of asking the occupier of a place for consent to enter— (i) enters land around premises at the place to an extent that is reasonable to contact the occupier; or Current as at 5 April 2013 Page 9
Stock Act 1915 [s 4H] (ii) enters part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. 4H When inspector ceases to hold office (1) An inspector ceases to hold office if any of the following happens— (a) the term of office stated in a condition of office ends; (b) under another condition of office, the inspector ceases to hold office; (c) the inspector’s resignation under section 4I takes effect. (2) Subsection (1) does not limit the ways an inspector may cease to hold office. (3) In this section— condition of office means a condition on which the inspector holds office. 4I Resignation (1) An inspector may resign by signed notice given to the chief executive. (2) However, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office. 4J Return of inspector’s identity card A person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after ceasing to be an inspector unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Page 10 Current as at 5 April 2013
Stock Act 1915 [s 5] 5 Chief inspector and other inspectors (1) There is to be a chief inspector of stock. (2) The chief inspector is to be employed under the PublicService Act 2008 . (3) An inspector of stock must not, without the chief executive’s approval— (a) directly or indirectly deal in stock; or (b) act as the agent of an owner or a dealer in stock. Maximum penalty—20 penalty units. 5B Appointment of approved veterinary surgeons (1) The Minister may enter into an agreement in writing with a registered veterinary surgeon upon the terms, provisions and conditions upon and subject to which such veterinary surgeon will carry out the powers, functions and duties of an approved veterinary surgeon and may, from time to time, enter into a like agreement varying, renewing or extending such an agreement. (2) The Minister may appoint a veterinary surgeon with whom the Minister has entered into such an agreement an approved veterinary surgeon by notification published in the gazette. (3) Without prejudice to any right or remedy which the Minister may have against a party to such an agreement in respect of a breach thereof the Minister may, by notification published in the gazette, terminate the appointment of an approved veterinary surgeon if such veterinary surgeon contravenes or fails to comply with any term, provision or condition of the veterinary surgeon’s agreement with the Minister. 5C Agreements between the Minister and approved veterinary surgeons (1) The Minister may (and shall be deemed always to have had power to) enter into an agreement in writing with an approved veterinary surgeon upon the terms, provisions and conditions upon and subject to which such veterinary surgeon will Current as at 5 April 2013 Page 11
Stock Act 1915 [s 5D] provide veterinary services (either generally or of a particular type or types) for the producers of milk or cream defined in such agreement upon whose produce an assessment made and levied under section 9 subsists and may (and shall be deemed always to have had power to), from time to time, enter into a like agreement varying, renewing or extending such an agreement. (2) Without prejudice to any right or remedy which either party to an agreement entered into pursuant to any provision of this section may have against the other in respect of a breach thereof, either such party may, subject to the terms of the agreement in question, by notice to the other such party, terminate such an agreement whether or not there has been a breach thereof and, thereupon, neither party shall be further obliged by the terms thereof. 5D Authorised veterinary surgeons (1) For the purpose of the effectual execution of this Act the Minister may from time to time appoint, with power of revocation, a registered veterinary surgeon to be an authorised veterinary surgeon and any veterinary surgeon so appointed shall, during the period of that appointment have and exercise such powers, functions and duties as may be prescribed. (2) Every such appointment shall be subject to such terms and conditions as may be prescribed. 6 Delegations (1) The Minister may delegate the Minister’s powers under this Act to an officer of the department. (2) Subsection (1) does not apply to the Minister’s powers under section 12. (3) The chief inspector may delegate the chief inspector’s powers under this Act to an officer of the department. Page 12 Current as at 5 April 2013
Stock Act 1915 [s 7] 7 Governor in Council may appoint districts A regulation may— (a) constitute any part of the State a district for the purposes of this Act; (b) alter the boundaries of any district; (c) abolish any such district. 8 Stock Diseases Compensation and Stock Improvement Fund (1) There shall be established at the Treasury a fund to be called ‘The Stock Diseases Compensation and Stock Improvement Fund’ (the compensation fund ). (2) Into the compensation fund shall be paid— (a) all assessments made, levied and collected under section 9; and (b) subject to appropriation by Parliament, payments from the consolidated fund equal in amount to one-half of the payments made into the compensation fund under paragraph (a). (3) Payments may be made from the compensation fund pursuant to an agreement made by an approved veterinary surgeon with the Minister for the rendering of veterinary services. 9 Assessments on milk and cream (1) The Minister may make and levy the following assessments in respect of milk and cream supplied to factories— (a) in respect of milk—an amount not exceeding 0.15 of 1c on every litre, based on the volume of milk supplied; (b) in respect of cream—an amount not exceeding 2.5c for each kilogram of butterfat based on the weight of butterfat contained in cream supplied. (2) Different assessments may be made and levied under this section in respect of different factories. Current as at 5 April 2013 Page 13
Stock Act 1915 [s 9] (3) Every owner of a factory shall, in the first instance, pay the amount of any assessment made and levied under this section to the chief executive not later than 15 days after the last day of the month in which the milk or cream the subject of the assessment was supplied to the factory. (4) All moneys received by the chief executive under this section shall be paid into and form part of the compensation fund. (5) Notice of an assessment made under this section shall upon the making thereof be published in the gazette and thereupon the assessment shall be deemed to be duly made and levied and shall be payable as prescribed. (5A) The Minister may from time to time by notice published in the gazette revoke or vary any assessment made and levied by the Minister under this section. (6) The owner of a factory with respect to any assessment payable under this section— (a) may deduct the amount thereof from any moneys due by the owner to the producer of the milk or cream in respect of which the assessment is made and levied, and that entitlement shall continue notwithstanding any change in the ownership of those moneys; (b) may recover the amount thereof from the producer by action in any court of competent jurisdiction. (7) In this section— cream means cream produced from milk. factory means premises where the business of processing milk or cream is carried on. milk means the milk of— (a) the bovine animal; or (b) a prescribed animal. owner of a factory means the person who carries on the business of processing milk or cream at the factory. Page 14 Current as at 5 April 2013
Stock Act 1915 [s 10] process , in relation to milk or cream, means a treatment or manufacturing process (other than a treatment or process of a kind excluded by regulation from the ambit of this definition). 10 Dips etc. For the effectual execution of this Act the Minister may establish, maintain, and manage dips and experimental stations and quarantine stations at all necessary places. 11 Disease controls over introduction of stock and other matters and things (1) A regulation, for the purpose of preventing, controlling or eradicating disease in stock generally may, in relation to the introduction of stock into the State from another State or a Territory of the Commonwealth, make provision with respect to— (a) prohibiting the introduction of stock if they are in a prescribed condition of disease or if they have not been tested or treated for disease or quarantined or maintained away from disease as prescribed or in any such case authorising the introduction of the stock subject to conditions that minimise the danger of spreading disease including a condition that the stock should be slaughtered within a time specified as prescribed; (b) facilitating the matters referred to in paragraph (a) including— (i) requiring notice to be given of the proposed introduction of stock; (ii) requiring the obtaining, holding and delivery to an inspector of certificates of health relating to stock from an officer of the State or Territory from which the stock are introduced; (iii) requiring that stock should be examined by an inspector before or upon introduction or before being travelled within the State and empowering an Current as at 5 April 2013 Page 15
Stock Act 1915 [s 12] inspector to require further tests, treatment or quarantining of stock if necessary; (iv) restricting entry into the State to times and to crossing-places, ports and points of entry appointed as prescribed and varying procedures to take into account the means of entry; (v) regulating the means of conveying stock into the State; (vi) requiring identification procedures to be undertaken in respect of stock; (vii) regulating the travelling, handling and disposal of introduced stock whilst in the State to the extent necessary to prevent, control or eradicate disease; (viii) providing for all such alternative procedures, restricted applications and exemptions as may be necessary or desirable to facilitate the introduction of stock into the State. (2) A regulation may regulate the introduction into the State from any other State or a Territory of the Commonwealth of any carcass, fodder, fittings, animal product, animal pathogen, biological preparation or any other matter or thing to the extent necessary to prevent, control or eradicate disease in stock. (3) A person must not introduce, or attempt to introduce, stock or a matter or thing into the State in contravention of the regulations. Maximum penalty—1000 penalty units or 1 year’s imprisonment. 12 Minister may prohibit or restrict introduction or removal of stock (1) Whenever the Minister deems it necessary for the purpose of preventing or checking the spread of disease the Minister may, by notification— Page 16 Current as at 5 April 2013
Stock Act 1915 [s 12] (a) prohibit or put restrictions on the introduction of infected or suspected stock or any animal product, animal pathogen, biological preparation or carcass of any infected or suspected stock from any other State or Territory of the Commonwealth, part of any other State or Territory of the Commonwealth, or on the removal of stock or any animal product, animal pathogen, biological preparation or any carcass of stock from one part to another part of Queensland; and (b) prescribe the route and manner by which infected or suspected stock or any animal product, animal pathogen, biological preparation or carcass of any infected or suspected stock shall be taken to its destination. (2) A regulation may— (a) prohibit for any period the travelling of healthy stock by any route by or over which infected or suspected stock have been travelled; (c) appoint places to be places of entry, ports of introduction or crossing-places for introduced stock. (3) Where pursuant to a notification or regulation made under this section the introduction into Queensland from another State or Territory of the Commonwealth or part of any other State or Territory of the Commonwealth of any carcass, animal product, animal pathogen or biological preparation is— (a) prohibited unless the carcass, animal product, animal pathogen or biological preparation is accompanied by; or (b) restricted by requiring the carcass, animal product, animal pathogen or biological preparation to be accompanied by; a prescribed document, an inspector may seize any carcass, animal product, animal pathogen or biological preparation introduced into Queensland in contravention of the notification or order in council by reason of its not being accompanied by the prescribed document and, if the inspector does seize any such carcass, animal product, animal pathogen or biological preparation, shall destroy that carcass, animal Current as at 5 April 2013 Page 17
Stock Act 1915 [s 12A] product, animal pathogen or biological preparation or cause it to be destroyed unless within 48 hours after the seizure the prescribed document is produced to the inspector. (4) A notification under this section is subordinate legislation. 12A Emergency disease notice (1) The chief executive may make an emergency disease notice declaring a disease, disorder, condition or other thing (a declared disease ) to be a disease for this Act. (2) The chief executive may make the notice only if satisfied urgent action is needed to meet a significant threat to the economy of the State or to public health because of the presence, or suspected presence, of the declared disease. (3) The notice must— (a) state it is an emergency disease notice; and (b) outline the nature of the emergency; and (c) include details of the declared disease, including, for example, any known symptoms of the declared disease. (4) The notice is subordinate legislation. (5) The chief executive must repeal the notice as soon as practicable after the chief executive is satisfied the emergency no longer exists. (6) Unless it is earlier repealed, the notice remains in force until the earlier of the following— (a) the day the declared disease is prescribed as a disease under a regulation; (b) the end of 3 months. 13 Infected and declared areas (1) The Minister may, by notification, notify any area therein described to be— (a) an infected area; or Page 18 Current as at 5 April 2013
Stock Act 1915 [s 13] (b) a declared area of such other category as is specified therein; in respect of any disease specified in such notice. (2) The Minister may by notification— (a) require any stock within an infected area to be removed out of that area; (b) prohibit the introduction into, the movement within or the removal out of any infected area or declared area of any stock, carcass, fodder, fittings, animal product, animal pathogen or biological preparation or any thing likely to spread disease or permit such introduction, movement or removal subject only to such terms and conditions as are specified in the notification; (c) require any stock, carcass, fodder, fittings, animal product, animal pathogen, biological preparation, soil or anything likely to spread disease that is within any infected area or declared area to be subjected at any time and from time to time to the test or treatment specified in the notification. (4) Any person who— (a) fails to remove any stock out of an infected area the removal of which is required pursuant to subsection (2); (b) introduces into, moves within or removes out of any infected area or declared area any stock, carcass, fodder, fittings, animal product, animal pathogen or biological preparation or any thing the introduction, movement or removal of which is prohibited pursuant to subsection (2); (c) contravenes or fails to comply with any condition imposed pursuant to subsection (2) with respect to the introduction into, the movement within or the removal out of any infected area or declared area of any stock, carcass, fodder, fittings, animal product, animal pathogen or biological preparation or any thing; (d) obstructs or prevents the testing or treatment required by the Minister pursuant to subsection (2); Current as at 5 April 2013 Page 19
Stock Act 1915 [s 14] is guilty of an offence against this Act. Maximum penalty—1000 penalty units or 1 year’s imprisonment. (5) The Minister may exercise the power conferred on the Minister by this section in respect of an infected area notwithstanding that at the time of the exercise it is not known that disease is present within that area if, in the opinion of the chief inspector, there is a real possibility that disease has been or may be introduced into the area from elsewhere. (6) A notification under this section is subordinate legislation. 14 Quarantine (1) An inspector, on being satisfied that in any area stock is or is suspected to be infected, shall define the boundaries of the area in question, and (save with respect to holdings from the owners of which undertakings are accepted pursuant to subsection (2)) place it in quarantine by giving written notice to the owner either personally or by registered letter. (1A) The notice shall specify the species and the class or category of stock to which the notice shall apply and may specify the conditions for isolation or confinement of infected or suspected stock on the holding. (1B) On placing any area in quarantine the inspector may, in cases where the inspector considers it necessary or desirable so to do, affix in such place or places as the inspector deems fit a notice that such area is placed in quarantine. (1C) The quarantine continues until the area is released from quarantine by the chief executive. (1D) A person must not remove or introduce, cause to be removed or introduced, or assist or be in any way concerned in removing or introducing, stock into or out of the area without the chief executive’s written authority. Maximum penalty—1000 penalty units or 1 year’s imprisonment. Page 20 Current as at 5 April 2013
Stock Act 1915 [s 14] (1E) Where necessary for the purpose of pasturing or watering quarantined stock, an inspector may extend the boundaries of such area and bring other stock within such boundaries. (2) The chief executive may accept from the owner of a holding that, but for this subsection, would be required to be placed in quarantine the owner’s undertaking in writing that the owner will in respect of the holding and the stock thereon comply in all respects with the provisions of this Act applicable thereto or that would be applicable thereto were the holding placed in quarantine under subsection (1). (2A) For so long as it continues in force such an undertaking shall be deemed to have been entered into from time to time by and to oblige the owner for the time being of the holding and the owner for the time being shall be subject to and shall comply in all respects with such provisions and with all orders and directions made or given under this Act in respect of the owner’s holding or the stock thereon. (2B) Such an undertaking may be expressed to be limited to a period specified therein or may be of indefinite duration and shall continue in force until— (a) the expiration of the period (if any) specified therein; or (b) the chief inspector notifies the obligor for the time being in writing that the obligor is released from further obligation thereunder; whichever event is the first to occur. (3) Where under this Act the Governor in Council, the Minister or any other person is required or empowered to do any thing or issue any process in respect of an area placed in quarantine or any part thereof or the owner thereof such thing may be done or process issued in respect of a holding the owner of which is for the time being obliged by an undertaking entered into under subsection (2) or, as the case may be, in respect of such owner. (3A) Where an area has been placed in quarantine by an inspector, or the chief executive has accepted, pursuant to subsection (2), an undertaking by an owner of a holding, an inspector may declare as much of the land surrounding the quarantine area or Current as at 5 April 2013 Page 21
Stock Act 1915 [s 15] holding subject to an undertaking as the inspector considers necessary for disease control purposes to be a buffer area. (4) The provisions of this section do not apply to any area in quarantine pursuant to the provisions of the Exotic Diseases inAnimals Act 1981 . 15 Stock may be destroyed in certain cases (1) The chief executive may order the destruction of any infected or suspected stock or any animal product thereof, or any carcass, or any articles or things used in connection with such stock, animal product or carcass, or any infected or suspected pasture or fodder, or the removal and destruction of animal pathogen or biological preparation, or the removal and disposal of soil, whenever in the chief executive’s opinion such destruction or removal and disposal would tend to prevent the spread of disease or assist in the diagnosis of the disease. (1A) Stock ordered to be destroyed shall be destroyed, and the carcass disposed of in manner prescribed. (1B) Every animal product, carcass, pasture, fodder, article, and thing ordered to be destroyed shall be destroyed in manner prescribed. (1C) Soil ordered to be removed and disposed of shall be removed and disposed of in the manner prescribed. (1D) Animal pathogen or biological preparation ordered to be removed and destroyed shall be removed and destroyed in the manner prescribed. (2) Upon a failure in any respect to comply with the requirements of an order made under subsection (1) and without prejudice to any proceedings which may be taken upon such a failure, the chief executive may, after the expiration of 7 days from the date of such failure, direct in writing an inspector to enter upon the premises or holding in or upon which the stock, animal product, animal pathogen, carcass, article or thing, pasture or fodder ordered to be destroyed is or are situated and destroy or cause to be destroyed such stock, animal product, Page 22 Current as at 5 April 2013
Stock Act 1915 [s 16] animal pathogen, carcass, article or thing, pasture or fodder specified in the order. (3) For the purposes of such destruction the inspector may, if the inspector thinks fit, remove or cause to be removed any such stock, animal product, animal pathogen, carcass, article or thing or fodder to any other place. 16 Requirement as to stock-proof fences (1) If the chief executive is satisfied that it is necessary to do so in order to prevent, control or eradicate disease in stock, the chief executive may, by notice in writing, require the owner of a holding within an infected area or declared area to erect such stock fencing as is specified in the notice in accordance with directions therein, which, without limiting the directions the chief executive is hereby authorised to give, may include a time limit within which compliance with the notice is required. (1A) If within the time limited by the chief executive the owner to whom such a requisition is directed fails to comply therewith to the satisfaction of the chief executive, the chief executive may authorise an inspector to cause to be done the work required by the requisition and the costs and expenses of such work shall be recoverable in any court of competent jurisdiction from the owner concerned as a debt due and payable to the Crown but unpaid. (2) An owner of a holding who, pursuant to a requisition or a court proceeding under subsection (1) or (1A) incurs the costs and expenses of erecting fencing that forms a common boundary with an adjoining holding may demand and recover by way of action for debt in any court of competent jurisdiction from the owner of such adjoining holding a contribution of one-half of the amount of such costs and expenses, any provision of the NeighbourhoodDisputes(Dividing Fences and Trees) Act 2011 notwithstanding. (3) In this section— erect includes construct, repair, replace. Current as at 5 April 2013 Page 23
Stock Act 1915 [s 17] 17 Owner to be compensated (1) Where stock, carcasses, animal products, or any articles or things used in connection with stock, have been destroyed by order under this Act of the chief executive or an inspector or a government veterinary officer, the owner shall, subject as next herein provided, receive compensation the amount of which shall be a charge upon and be paid out of the consolidated fund. (2) However— (a) no compensation shall be payable in the case of stock or carcasses unless the stock destroyed or carcasses are, after examination by a government veterinary officer, found to be free from disease; (b) the rate of compensation in each case shall be such as is prescribed but in no case shall it exceed, as the case may be, the market value of such stock, carcasses or animal products or the market value of articles or things of the same description as the articles or things destroyed; (c) if any carcass is destroyed by boiling down—all the products of such destruction shall belong to the owner, and the value thereof shall be taken into consideration in estimating any compensation to be paid to the owner; (d) no compensation shall be payable in respect of introduced stock destroyed under this Act which are declared infected within 3 months after their introduction unless the owner proves to the satisfaction of the chief executive that such stock became infected after being introduced; (e) no compensation shall be payable in the case of stock which are, pursuant to section 29(1A) to (1E), destroyed by or under the authority or on the order of an inspector. 18 When no compensation payable (1) Where— (a) any stock, carcass or animal product or article or thing used in connection with such stock, carcass or animal Page 24 Current as at 5 April 2013
Stock Act 1915 [s 19] product is destroyed by order, pursuant to this Act, of the chief executive or an inspector or a government veterinary officer for the purpose of preventing the spread of disease; and (b) the destruction by order as aforesaid arises out of the doing of any act or thing or the making of any omission by the owner of the stock, carcass or animal product or article or thing used in connection with such stock, carcass or animal product with respect to any part thereof, the doing of which act or thing or the making of which omission causes or contributes to or is such as is likely to cause or contribute to the spread of disease; and (c) the owner is convicted of an offence against any law of the State or the Commonwealth relating to the control, eradication or prevention of disease and the act or thing as aforesaid is done or the omission as aforesaid is made in connection with the commission of the offence; compensation is not payable under this Act to the owner in respect of the destruction of that stock, carcass or animal product or article or thing used in connection with such stock, carcass or animal product. (2) No compensation shall be payable under this Act to the owner in respect of the destruction of animal pathogen or biological preparations by order, pursuant to this Act, of the chief executive or an inspector or a government veterinary officer. 19 Local governments may destroy stray diseased stock (1) Any local government may, without making compensation to the owner, cause to be destroyed any diseased stock suffering from malignant growths (cancer), tuberculosis, or pleuropneumonia contagiosa, or any stock suspected of suffering from any of those diseases, found straying upon any road or land under its control. (2) However, the local government shall forthwith give notice of the fact to the nearest inspector, and to the owner of the stock if such owner is known to the local government. Current as at 5 April 2013 Page 25
Stock Act 1915 [s 20] 20 Warranty implied on sale of stock (1) On any sale or agreement for the sale of stock, there shall be implied a warranty that, subject to this section, shall be binding upon the seller namely that each head of such stock is not suffering from or affected by any disease specified in this section in relation to the species of stock specified in this section or specified in a regulation made for the purposes of this section in relation to the stock specified in the regulation. (2) A provision in an agreement or a condition of sale, whether in writing or not, which excludes, modifies or restricts the operation of subsection (1), is void. (3) Without limiting the effect of subsection (1), if there is, in relation to a sale or agreement for sale referred to in subsection (1), conclusive evidence of a breach of the warranty expressed by this section, then— (a) if the sale price has not been paid for an animal suffering from or affected by a disease referred to in subsection (4) or (9)—there shall be no legal obligation on the purchaser to pay the sale price for that animal and the vendor shall be entitled, at the vendor’s expense, to remove the animal; (b) if the sale price has been paid for an animal suffering from or affected by a disease referred to in subsection (4) or (9)—the vendor shall, forthwith upon notice in writing being given to the vendor that there is conclusive evidence of a breach of the warranty expressed by this section and describing that evidence, refund the sale price for the animal to the person who paid the sale price and the vendor shall then be entitled, at the vendor’s expense, to remove the animal. (3A) Where a court convicts a person of a failure to comply with the provisions of subsection (3)(b) it may, in addition to any penalty it imposes, order that the sale price for the animal be refunded to the person who paid the sale price. (3B) For the purposes of subsection (3), where an animal suffering from or affected by a disease, the subject of a regulation made for the purpose of section 30, is part of a consignment of travelling stock, then all stock forming part of that Page 26 Current as at 5 April 2013
Stock Act 1915 [s 20] consignment shall be deemed to be suffering from or affected by that disease. (4) Proof that cattle suffered with or were affected by tuberculosis, brucellosis, enzootic bovine leucosis, or lymphosarcoma within— (a) in the case of tuberculosis—30 days; or (b) in the case of brucellosis, enzootic bovine leucosis and lymphosarcoma—14 days; of the date of sale or agreement for sale of those cattle, or of the date of delivery thereof on such sale or agreement for sale whichever is the later, shall be conclusive evidence of the breach of the warranty expressed by this section. (5) Proof that cattle have reacted positively to a prescribed test for tuberculosis, brucellosis or enzootic bovine leucosis shall, in the absence of evidence to the contrary, be conclusive evidence that those cattle are suffering from or are affected by tuberculosis, brucellosis or enzootic bovine leucosis as the case may be. (6) A certificate purporting to be signed by an approved auditor under the Food Production (Safety) Act 2000 stating that, at a particular time, an animal was suffering from lymphosarcoma is evidence of the matter. (7) Proof that swine suffered with or were affected by tuberculosis or brucellosis within— (a) in the case of tuberculosis—30 days; or (b) in the case of brucellosis—14 days; of the date of sale or agreement for sale of those swine, or of the date of delivery thereof on such sale or agreement for sale whichever is the later, shall be conclusive evidence of the breach of the warranty expressed by this section. (8) Proof that swine have reacted positively to a prescribed test for tuberculosis or brucellosis shall, in the absence of evidence to the contrary, be conclusive evidence that those swine are suffering from or are affected by tuberculosis or brucellosis as the case may be. Current as at 5 April 2013 Page 27
Stock Act 1915 [s 21] (9) Proof that poultry suffered with or were affected by pullorum disease within 14 days of the date of sale or agreement for sale of those poultry, or of the date of delivery thereof on such sale or agreement for sale whichever is the later, shall be conclusive evidence of the breach of the warranty expressed by this section. (10) Proof that poultry have reacted positively to a prescribed test for pullorum disease shall, in the absence of evidence to the contrary, be conclusive evidence that those poultry are suffering from or are affected by pullorum disease. (11) A regulation may— (a) specify diseases to which the warranty expressed by this section shall apply and the species of stock in respect of which that warranty shall so apply; (b) prescribe the evidentiary value of matters specified in the regulation. 21 Some stock movements require a travel permit (1) A person must not travel stock on a movement mentioned in section 21A unless a travel permit has been issued for the movement of the stock. Maximum penalty—400 penalty units or 6 months imprisonment. (2) A person must not put stock into another person’s charge for the purpose of travelling the stock on a movement mentioned in section 21A unless a travel permit has been issued for the movement of the stock. Maximum penalty—400 penalty units or 6 months imprisonment. 21A Types of stock movement that require a travel permit Section 21 applies to the following stock movements— (a) the movement of stock into, within or out of an area that is an infected area or declared area because of a notification under section 13, if the notification— Page 28 Current as at 5 April 2013
Stock Act 1915 [s 21B] (i) provides that the movement is not prohibited; but (ii) requires that a travel permit be obtained for the movement; (b) the movement of stock to a quarantine facility where stock are staged before export from Australia; (c) the movement of suspected stock; (d) the movement of stock to a border crossing point or a sea or air loading point for the purpose of taking the stock to another State or a Territory if the other State or the Territory requires that a travel permit or similar authorisation must be obtained as a condition of entry; (e) the movement of stock into an area prescribed by regulation; (f) the movement of stock out of an area prescribed by regulation; (g) the movement of stock within an area prescribed by regulation. 21B Issue of a travel permit (1) A travel permit may be issued by an inspector on an application made to the inspector. (2) The travel permit may be issued only if the inspector is satisfied that— (a) the movement of stock under the permit is not likely to lead to the spread of disease; and (b) the application for the permit has been made by or on behalf of the owner of the stock; and (c) the stock are intended to be taken to the place stated in the application for the permit. (3) The travel permit is subject to the reasonable conditions that the inspector specifies in the permit. (4) Without limiting subsection (3), the conditions specified in the permit may relate to the way in which the stock may be Current as at 5 April 2013 Page 29
Stock Act 1915 [s 21C] dealt with after the completion of the movement of the stock under the permit. 21C Application for travel permit (1) An application to an inspector for a travel permit may be made orally or in writing, but must be made in writing if the inspector requires a written application. (2) The applicant must give the inspector the following information— (a) the number and description of the stock; (b) the place at which the stock are located at the time the application is made; (c) the place where the movement of stock under the permit is to start; (d) if the place mentioned in paragraph (b) or (c) is a holding—the name of the person actually in charge of the holding (whether or not the person is the owner, lessee or licensee of the holding); (e) the name and address of the person having charge of the stock at the time the application is made; (f) the name and address of the actual owner of the stock; (g) if a person is to take delivery of the stock at the completion of the movement under the permit—the name and address of the person; (h) the route by which the stock are to travel; (i) the name of the person who will be the drover of the stock; (j) the date by which the movement of the stock is to start; (k) the place to which the stock are to be moved under the permit; (l) if the movement under the permit is part of a longer journey— (i) the intended destination of the stock; and Page 30 Current as at 5 April 2013
Stock Act 1915 [s 21D] (ii) if a person is to take delivery of the stock at the destination—the name and address of the person; (m) the way in which the stock are to be moved; (n) other information that may be prescribed by regulation. (3) Before issuing the travel permit, the inspector may require the applicant to produce the waybill for the movement. 21D Change of route under a travel permit (1) An application may be made to an inspector by or on behalf of the owner of stock for a change of the route by which stock are to travel under a travel permit. (2) The application may be made orally or in writing, but must be made in writing if the inspector requires a written application. (3) The inspector may approve the change of route only if the inspector is satisfied that the movement of stock by the changed route is not likely to lead to the spread of disease. (4) If the inspector approves the change of route, the details of the change are, if practicable, to be endorsed on the travel permit. (5) The conditions to which the travel permit is subject are varied in accordance with the change of route, even if the change is not endorsed on the permit. 21E Travel permit for multiple movements The chief inspector, or an inspector acting under guidelines issued by the chief inspector, may issue a travel permit for multiple movements of stock. 21F Cancellation of travel permit to prevent disease (1) An inspector may cancel a travel permit if the inspector believes on reasonable grounds that the travel or further travel of stock under the permit is reasonably likely to lead to the spread of disease. (2) An inspector may cancel a travel permit if the inspector believes on reasonable grounds that— Current as at 5 April 2013 Page 31
Stock Act 1915 [s 21G] (a) the conditions of the permit are not being, or have not been, complied with; and (b) the noncompliance may lead to the spread of disease. (3) Notice of the cancellation may be given orally to the person who has charge of the stock at the time of the cancellation, but written notice must be given as soon as practicable to— (a) the person who applied for the travel permit; and (b) the drover named in the application for the permit. 21G Travel permit taken to be cancelled (1) A travel permit is taken to be cancelled if the stock movement permitted by the permit does not start by the date specified in the permit. (2) A travel permit is taken to be cancelled if— (a) an infected zone, control zone or standstill zone (the zone ) is notified under the Exotic Diseases in AnimalsAct 1981 ; and (b) the permit was issued before the notification and authorised the movement of stock within, into or out of the zone. (3) Subsections (1) and (2) do not prevent a further application being made for the issue of a new travel permit for the same movement. 21H Cancelled travel permit must be returned on request A person holding a cancelled travel permit must return it to an inspector if the inspector asks the person to return it. Maximum penalty—200 penalty units or 6 months imprisonment. Page 32 Current as at 5 April 2013
Stock Act 1915 [s 21I] 21I Duties concerning travel permit arising during stock movement (1) The following persons must not, without reasonable excuse, contravene a condition of a travel permit issued for a stock movement— (a) the drover of the stock; (b) a person in charge of the stock; (c) the owner of the stock; (d) an agent of a person mentioned in paragraphs (a) to (c) in relation to any movement of, or dealing with, the stock. Maximum penalty—400 penalty units or 6 months imprisonment. (2) The drover must— (a) have the travel permit for the movement (or a copy of it that shows the signature of the inspector who issued it) available for immediate inspection; and (b) produce it to an inspector for inspection if the inspector asks for it to be produced for inspection. Maximum penalty—100 penalty units. 21J Requirement to have travel permit relaxed in some cases (1) Section 21I(2) does not apply to a stock movement if, before the stock are moved, the person who applies to an inspector for a travel permit for the movement— (a) satisfies the inspector that it would not be reasonably practicable for the drover to obtain possession of the permit before the movement starts; and (b) is advised by the inspector that the permit has been issued; and (c) endorses on the relevant waybill— (i) the name and address of the inspector; and (ii) the date of issue of the permit; and Current as at 5 April 2013 Page 33
Stock Act 1915 [s 21K] (iii) the number of the permit. (2) Section 21I(2) does not apply to a stock movement if— (a) stock are being moved under a travel permit mentioned in section 21E; and (b) the waybill relating to the stock states the number of the permit. 21K Only an inspector to issue, alter or endorse a travel permit A person who is not an inspector must not— (a) issue a travel permit; or (b) alter or endorse a travel permit. Maximum penalty—1000 penalty units. 22 Waybill to be completed and given to drover before stock movement (1) In this section and section 22A— occupier of a holding means the person actually in charge of the holding (whether or not the person is the owner, lessee or licensee of the holding). (2) Before stock are moved from a holding, the occupier of the holding must— (a) either— (i) complete an approved waybill for the stock; or (ii) ensure that the actual owner of the stock or an authorised agent of the owner completes an approved waybill for the stock; and (b) ensure that the drover is given the waybill. Maximum penalty—200 penalty units or 6 months imprisonment. Page 34 Current as at 5 April 2013
Stock Act 1915 [s 22A] (3) Before stock are moved from a saleyard at which they have been offered for sale, the person in charge of selling the stock at the saleyard must— (a) either— (i) complete an approved waybill for the stock; or (ii) ensure that the person having responsibility for sending stock on from the saleyard completes an approved waybill; and (b) ensure that the drover is given the waybill. Maximum penalty—200 penalty units or 6 months imprisonment. (4) If stock are starting a journey other than by leaving either a holding or a saleyard at which they have been offered for sale, the actual owner of the stock or, if the stock are in the charge of an authorised agent of the owner, the authorised agent must— (a) complete an approved waybill for the stock; and (b) ensure that the drover is given the waybill. Maximum penalty—200 penalty units or 6 months imprisonment. (5) This section applies subject to sections 22F and 22G. 22A Retention of copy of waybill given to drover (1) If a waybill is completed under section 22(2), the occupier must, for 2 years after the waybill is completed— (a) retain a copy of the waybill at the holding or at a place approved by an inspector; and (b) produce it to an inspector for inspection if the inspector asks for it to be produced for inspection. Maximum penalty—200 penalty units or 6 months imprisonment. Current as at 5 April 2013 Page 35
Stock Act 1915 [s 22B] (2) If a waybill is completed under section 22(3), the person in charge of selling the stock at the saleyard must, for 2 years after the waybill is completed— (a) retain either— (i) a copy of the waybill; or (ii) a record of the information contained in the waybill; and (b) produce the copy or information to an inspector for inspection if the inspector asks for it to be produced for inspection. Maximum penalty—200 penalty units or 6 months imprisonment. (3) If a waybill is completed under section 22(4), the person who completed the waybill must, for 2 years after the waybill is completed— (a) retain a copy of the waybill; and (b) produce it to an inspector for inspection if the inspector asks for it to be produced for inspection. Maximum penalty—200 penalty units or 6 months imprisonment. 22B Duties of drovers (1) A drover must not travel stock unless a waybill has been completed for the stock under section 22. Maximum penalty—200 penalty units or 6 months imprisonment. (2) The drover must while travelling the stock— (a) have the waybill mentioned in subsection (1) available for immediate inspection; and (b) produce it to an inspector for inspection if the inspector asks for it to be produced for inspection. Maximum penalty—200 penalty units or 6 months imprisonment. Page 36 Current as at 5 April 2013
Stock Act 1915 [s 22C] (3) If the stock under the drover’s charge are not to be delivered to another person, the drover must, for 2 years after it is completed— (a) retain the waybill mentioned in subsection (1); and (b) produce it to an inspector for inspection if the inspector asks for it to be produced for inspection. Maximum penalty—200 penalty units or 1 year’s imprisonment. Example Subsection (3) applies to a drover travelling the drover’s own stock to the drover’s own holding. (4) If a drover loses a waybill, it is a defence to a prosecution for an offence against subsection (2) or (3) if the drover— (a) obtains a copy of the waybill, or a replacement of it, as quickly as reasonably possible; and (b) produces it to an inspector for inspection when the inspector asks for the waybill to be produced for inspection. (5) Subsections (1) to (3) apply subject to sections 22F and 22G. (6) A drover must not have possession of a waybill or a copy of a waybill that, to the drover’s knowledge, is false or misleading in a material particular. Maximum penalty—200 penalty units or 6 months imprisonment. 22C Duties relating to waybill when stock delivered (1) A person must not, without reasonable excuse, accept delivery of stock from a drover unless the person at the same time receives an approved waybill for the stock. Maximum penalty—200 penalty units or 6 months imprisonment. (2) A drover must not, without reasonable excuse, deliver stock to a person unless at the same time the drover also delivers an approved waybill for the stock. Current as at 5 April 2013 Page 37
Stock Act 1915 [s 22D] Maximum penalty—200 penalty units or 6 months imprisonment. (3) This section applies subject to sections 22F and 22G. 22D Retention of waybill received from drover A person who takes delivery of stock, or on whose behalf delivery of stock is taken, from a drover must, for 2 years after the delivery— (a) retain the waybill for the stock received from the drover; and (b) produce it to an inspector for inspection if the inspector asks for it to be produced for inspection. Maximum penalty—200 penalty units or 6 months imprisonment. 22E Entering of false or misleading information A person must not knowingly enter false or misleading information on a waybill made for the purposes of this Act. Maximum penalty—1000 penalty units or 1 year’s imprisonment. 22F Waybill sometimes not required Sections 22, 22B(1) to (3) and 22C do not apply to— (a) cattle, sheep or goats being driven to or from a neighbouring holding for ordinary stock management purposes (other than for the purpose of collecting or returning stock that has strayed) on a movement that does not require a travel permit; or (b) horses on a movement that does not require a travel permit, other than horses being moved— (i) in connection with their sale or slaughter or intended sale or slaughter; or Page 38 Current as at 5 April 2013
Stock Act 1915 [s 22G] (ii) on a journey intended to take them out of a cattle tick infected area. 22G Multiple conveyances permitted under single waybill (1) Subject to subsections (2) to (4), a drover may convey stock on a single waybill by 2 or more vehicles or journeys. (2) All stock must leave the same starting point within a period of 24 hours. (3) The driver of a vehicle carrying the stock must carry a certificate signed by the drover that— (a) states the number of stock on the vehicle; and (b) identifies the waybill relating to the movement of the stock; and (c) states the starting point and the destination that appears or will appear on the waybill. (4) The waybill must be completed before the last of the stock leave the starting point. 22H Examination of stock by owners of holdings (1) This section applies to the owner of a holding through which, or along the boundary of which, stock in the charge of a drover are driven. (2) If the owner is of the opinion, formed on reasonable grounds, that it is necessary or desirable for the owner to examine the stock for the purpose of preventing the spread of disease, the owner may— (a) advise the drover of the opinion; and (b) request the drover to— (i) allow the owner to examine the stock; or (ii) produce for inspection by the owner any waybill completed, and travel permit issued, for the movement of the stock; or Current as at 5 April 2013 Page 39
Stock Act 1915 [s 22I] (iii) assist the owner by mustering and controlling the stock to enable the stock to be examined. (3) The drover must not, without reasonable excuse, fail to comply with a request made by the owner under subsection (2). Maximum penalty—100 penalty units. 22I Escape of travelling stock If stock escape from the custody of a drover while the drover is travelling the stock, the drover must, at the earliest reasonable opportunity after becoming aware of the escape, notify— (a) if a travel permit has been issued for the movement of the stock—an inspector; and (b) if the movement of the stock is a movement for which a waybill is required—the person in charge of any holding (whether or not the person is the owner, lessee or licensee of the holding) onto which the stock have escaped or are likely to have escaped. Maximum penalty—100 penalty units. 23 Regulation may provide for the non-application of travel permit and waybill requirements A regulation may provide that sections 21 to 22I— (a) do not apply to specified stock; or (b) do not apply to specified stock if specified conditions are complied with. 24 Endorsement of waybill on inspection etc. (1) Any inspector who, on inspecting travelling stock, is satisfied with the correctness of the waybill, may endorse it with the inspector’s name, designation, and address. (2) All such stock not fully and accurately described therein may be impounded in the nearest pound in the direction in which Page 40 Current as at 5 April 2013
Stock Act 1915 [s 25] they are travelling (unless such pound is double the distance from the actually nearest pound, in which case they shall be impounded in the actually nearest pound), there to be kept at the expense of the owner until duly claimed by the owner or on the owner’s behalf, and the requirements of this Act have been complied with, and the waybill has been produced and shown to the poundkeeper, and the proper poundage fees and all other charges and disbursements incurred have been paid. 25 Drover to give notice before entering a holding (1) Every drover of travelling stock who intends to drive the same on or across any holding, or along any road which intersects or forms a boundary of any holding, unless such road is fenced on both sides, shall give the owner of the holding on or across which the drover intends to drive stock, or of the holding which is not fenced off from such road, not more than 48 nor less than 24 hours notice by letter to the head station or principal homestead, or by telephone, telegraph or personal notice to the owner of the holding. (1A) A drover who fails to give notice under subsection (1) commits an offence against this Act. (1B) However, notice shall not be necessary from any person in charge of horses in use at the time of travelling for the purposes of the person’s calling. (2) A complaint of any contravention of this section must be made by the person or persons claiming to be aggrieved within 21 days after the ground of complaint arose or was discovered by the complainant or complainants. (3) However, a complainant lodging a complaint more than 21 days after the ground of complaint arose must have discovered the ground of complaint within 3 months after it arose. 26 Branding of travelling sheep (1) Every owner of travelling sheep that are not legibly branded on the body with the letter ‘T’ not less than 75mm in length (whether or not they are branded with the owner’s station brand) commits an offence against this Act. Current as at 5 April 2013 Page 41
Stock Act 1915 [s 27] (2) Notwithstanding this section— (a) it shall not be necessary to brand travelling sheep in accordance therewith in cases where those sheep are legibly branded with the owner’s registered sheep paint brand and— (i) are intended to be driven from the time of their removal for not more than 65km to a destination; or (ii) are conveyed by rail or motor vehicle to a destination; (b) it shall not be necessary to brand in accordance therewith sheep that are intended to be driven to a pound; (c) it shall not be necessary to brand in accordance therewith nor to legibly brand with the owner’s registered paint brand— (i) stud sheep travelling to a sale or show; (ii) fat lambs travelling to a saleyard or licensed slaughterhouse. 27 Responsibilities about notifiable diseases and other diseases (1) When a notifiable disease or a disease not previously recognised exists or is suspected to exist in stock on any holding or premises or in travelling stock, the prescribed person shall— (a) immediately upon becoming aware of the existence or suspected existence of the disease draft out and, as far as practicable, keep separate all affected or suspected stock from stock not so affected or suspected; and (b) within 24 hours after becoming aware of the existence or suspected existence of the disease give notice to the nearest inspector of the existence or suspected existence of the disease. (1A) In subsection (1)— Page 42 Current as at 5 April 2013
Stock Act 1915 [s 27] prescribed person means whichever of the persons in this subsection specified first becomes aware of the existence or suspected existence of the notifiable disease in the stock concerned, the persons being— (a) the owner of the stock concerned; and (b) the owner of the holding or premises on which the stock concerned are at the time located. (2) When a registered veterinary surgeon or other scientist, diagnoses a notifiable disease or has reason to suspect the existence of a notifiable disease in stock on any holding or premises or in travelling stock, the veterinary surgeon or scientist shall, within 24 hours after making that diagnosis or forming that suspicion, give notice to the nearest government veterinary officer of the existence or suspected existence of the disease. (2A) When the veterinary surgeon is an authorised veterinary surgeon the duty imposed upon the veterinary surgeon by subsection (2) is in addition to the duties imposed upon the veterinary surgeon by section 30. (3) A regulation may provide that this section does not apply to a specified notifiable disease. (4) A person who, pursuant to the provisions of the ExoticDiseasesinAnimalsAct1981 , has duly given notice of an exotic disease shall not be required to give notice under this section in respect of the same instance of existence of that disease. (5) In this section— disease not previously recognised , for stock, includes— (a) blisters on the mouths or feet of the stock; and (b) unexplained or abnormally high mortality rate or morbidity in the stock; and (c) a sudden and unexplained fall in production relating to the stock. Current as at 5 April 2013 Page 43
Stock Act 1915 [s 28] Example for paragraph (c) a sudden and unexplained drop in milk production in a herd of dairy cattle 28 Swine If swine are kept on any holding or premises in such a condition as to endanger the health of such animals, the inspector may order, in writing, such holding or premises to be forthwith placed and thereafter kept in a sanitary condition to the inspector’s satisfaction. 28J Cattle Feedlot Advisory Committee (1) The Minister may from time to time establish a committee called the Cattle Feedlot Advisory Committee. (2) The number of members of the committee shall be determined by the Minister. (3) The chief inspector shall, ex officio, be a member of the committee. (4) The Minister shall by instrument— (a) appoint the members of the committee; (b) designate a member as chairperson of the committee; (c) appoint persons to fill any casual vacancies arising on the committee. (5) A member shall hold office for the period specified in the instrument of appointment unless the member sooner resigns or is removed from office. (6) A member may resign office by notice in writing to the Minister. (7) The Minister may, for such cause as the Minister considers appropriate, remove a member from office at any time. (8) The committee— (a) shall advise the Minister about the operation of cattle feedlots; and Page 44 Current as at 5 April 2013
Stock Act 1915 [s 29] (b) shall discharge such other functions as the Minister may direct. (9) The committee may conduct its meetings and business in such manner as it thinks appropriate. (10) No fees shall be payable to a member of the committee for discharging the member’s functions but the member shall be reimbursed for any reasonable expenses necessarily incurred by the member in discharging the functions. 29 Powers of inspector (1) An inspector may at any time, with or without assistants and with such vehicle or vehicles and equipment, plant and instruments as the inspector may consider necessary for the proper discharge of the inspector’s duties— (a) enter into or upon any premises or holding; (b) count the stock in or upon any premises, holding, vehicle or vessel and inspect or examine any stock, flock, or herd book or any other records kept in relation to the stock concerned; (c) search any premises or holding, or stop, detain, enter and search any vehicle or vessel if the inspector suspects on reasonable grounds that an offence against this Act has been or is being committed and there is likely to be therein or thereon any stock, animal product, animal pathogen, carcass, biological preparation or fodder or any article or thing of any kind with respect to which that offence was or is being committed or that will afford evidence as to the commission of that offence, and may break open and search every box, receptacle or package of any kind in or upon those premises or that holding, vehicle or vessel; (d) may seize and detain any stock, animal product, animal pathogen, carcass, biological preparation, travel permit, waybill or fodder or any article or thing of any kind in respect of which an offence against this Act has been or is being committed or in respect of which the inspector suspects on reasonable grounds that such an offence has Current as at 5 April 2013 Page 45
Stock Act 1915 [s 29] Page 46 been or is being committed, or that the inspector believes will afford evidence as to the commission of that offence; (e) inspect, test for disease and treat for disease any stock, animal product, carcass or fodder; (f) inspect and test any soil, animal pathogen or biological preparation; (fa) inspect, and take a copy of, a document at the premises or holding; (g) where stock are to be sent out of the State, inspect, test for disease and treat for disease such stock for the purpose of ensuring that such stock meet the health requirements of any other State or Territory of the Commonwealth or of any country and issue certificates of compliance with those health requirements as a result of such inspection, testing or treatment or upon any other evidence to the inspector’s satisfaction of such compliance; (h) provide husbandry services to any owner and advise any owner on and where necessary assist the owner in the carrying out of measures for the prevention of disease; (i) stop and detain travelling stock for the purpose of examining or testing for disease such stock or stop and detain any carcass which is being conveyed by any means whatsoever for the purpose of examining same; (j) examine or test for disease and detain travelling stock or any carcass which is being conveyed by any means whatsoever until this Act is complied with to the inspector’s satisfaction; (k) order travelling stock to be forthwith taken back to any place or district from which they have been or are being removed or order any carcass which is being conveyed by any means whatsoever to be forthwith taken back to any place or district from which it has been or is being removed; (l) upon the authority of the chief executive— Current as at 5 April 2013
Stock Act 1915 [s 29] (i) order the owner of a holding or saleyard to erect and maintain in proper condition in the holding or saleyard the facilities specified in the order (which may include a crush or race) such as will enable the effective and safe examination, testing or treatment, by an inspector, of stock specified by the inspector; (ii) order the owner of a saleyard within a tick infested area to install and maintain in proper condition in that saleyard a cattle dip; (iii) order an owner to cause stock on a holding to be mustered; (iv) order an owner to hold stock on a holding for examination, testing or treatment; (v) order an owner to treat or test stock on a holding to the inspector’s satisfaction; (m) question, with respect to matters under this Act, any person who is or was or who the inspector suspects to be or to have been the owner of any premises, holding or stock, every person whom the inspector finds in or on any premises or holding, and every person who has been within the preceding 6 months employed in or on any premises or holding to ascertain whether this Act has been or is being complied with and require any such person to answer the questions put and to sign a declaration of the truth of the person’s answer; (n) impound or quarantine any stock which, in the inspector’s opinion, are or are suspected to be diseased, or where, in the inspector’s opinion, there is a risk of the stock going or straying to or coming in contact with stock free from disease or impound or detain any animal product, carcass, biological preparation or fodder which, in the inspector’s opinion, is or is suspected to be diseased; (o) order the destruction and disposal of diseased stock at saleyards, cattle feedlots and licensed slaughterhouses; Current as at 5 April 2013 Page 47
Stock Act 1915 [s 29] (p) order the owner of any premises or holding to remove stock from any specified portion of the premises or holding and to keep such portion free of stock for the period specified in the order; (q) order the owner of any premises or holding to take, within a specified period, such measures as the inspector specifies to ensure a reasonable standard of hygiene on the premises or holding at all times; (r) ask anyone the inspector considers can help, to help the inspector exercise the powers; (s) require a person being questioned by the inspector pursuant to this Act to state the person’s name and usual place of residence. (1AA) For the purpose of testing any stock, animal product, animal pathogen, carcass, biological preparation, fodder or soil pursuant to this Act an inspector may take specimens of any part of the stock, animal product, animal pathogen, carcass, biological preparation, fodder or soil or of internal or external parasites in or on the stock or carcass as the inspector requires. (1AB) The power conferred on an inspector by subsection (1)(l)(i) shall not be exercised unless the chief executive is satisfied that it is not practicable to conduct an efficient and safe examination, test or treatment of the stock in question without resorting to such an order. (1A) An inspector may at any time order the immediate destruction and disposal by an owner thereof of any travelling stock which in the inspector’s opinion are in a moribund state. (1B) If in the opinion of an inspector, travelling stock are so seriously injured as to be incapable of being travelled or travelled without cruelty or likelihood of further injury, the inspector may order their destruction and disposal, refuse to permit further movement, or if the inspector thinks fit, permit their movement to the nearest practicable place available for veterinary treatment. (1C) If an owner is not present or for any other reason the inspector considers it necessary so to do, the inspector may destroy and Page 48 Current as at 5 April 2013
Stock Act 1915 [s 29] dispose of, or cause to be destroyed and disposed of, any stock so found, in which cases the owner thereof shall be liable to pay all expenses reasonably incurred in the destruction and disposal of such stock, and any such expenses unpaid by such owner may be recovered by an inspector from the owner by action as for a debt in any court of competent jurisdiction. (1D) For the purposes of subsections (1A) and (1B), the order directing the destruction or disposal of any stock, may direct the manner in which, the time within which, and the person by whom the stock shall be destroyed or disposed of and may direct that the stock shall be delivered at the time and place specified in the order, to a person named in the order for destruction or disposal. (1E) The provisions of section 36 shall not apply with respect to any order under subsection (1A) or (1B) of an inspector. (2) When any stock so impounded or quarantined are, or when any animal product, carcass, biological preparation or fodder so impounded or detained is found to be diseased, the chief executive may cause such stock, animal product, carcass, biological preparation or fodder to be destroyed. (2A) In that event the chief executive shall forthwith give notice of the fact to the owner of the stock, animal product, carcass, biological preparation or fodder as the case may be if that owner is known to the chief executive. (2B) Specimens of any soil, biological preparation or animal pathogen taken pursuant to subsection (1) or (1AA) shall be disposed of as directed by the chief inspector. (3) Any stock so impounded which are not, or any animal product, carcass, biological preparation or fodder so impounded which is not diseased shall, after the expiration of 21 days from the day of impounding, if not sooner claimed and duly released, be sold, destroyed or otherwise disposed of as the chief executive directs. (3A) The proceeds (if any) arising from such sale, destruction, or disposal shall, after payment of the expenses of impounding and of sale, destruction, or disposal, be paid to the owner of the stock, animal product, carcass, biological preparation or Current as at 5 April 2013 Page 49
Stock Act 1915 Endnotes Land Protection (Pest and Stock Route Management) Act 2002 No. 12 ss 1–2, 329 sch 2 date of assent 24 April 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (2003 SL No. 116) (provisions were to commence 25 April 2004 (automatic commencement under AIA s 15DA(2) (2003 SL No. 58 s 2))) Animal and Plant Health Legislation Amendment Act 2002 No. 36 pts 1, 6, ss 44–45 schs 1–2 date of assent 29 August 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 October 2002 (2002 SL No. 257) Primary Industries Legislation Amendment Act 2002 No. 49 ss 1, 37 sch date of assent 24 September 2002 commenced on date of assent Primary Industries and Other Legislation Amendment Act 2003 No. 82 ss 1–2(1)(a), 88 sch date of assent 6 November 2003 commenced on date of assent (see s 2(1)(a)) Primary Industries and Fisheries Legislation Amendment Act 2004 No. 27 ss 1, 2(3), pt 8 date of assent 12 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced on date of assent (see s 2(3)) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) AmendmentAct 2009 No. 24 ss 1–2, ch 5 pt 64 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) CriminalCodeandOtherLegislation(Misconduct,BreachesofDisciplineandPublic Sector Ethics) Amendment Act 2009 No. 25 pt 1, s 83 sch date of assent 11 August 2009 ss 1–2 commenced on date of assent remaining provisions commenced 2 November 2009 (2009 SL No. 241) Neighbourhood Disputes Resolution Act 2011 No. 25 ss 1–2, 105 sch 1 pt 2 date of assent 9 August 2011 ss 1–2 commenced on date of assent remaining provisions commenced 1 November 2011 (2011 SL No. 209) Classification of Computer Games and Images and Other Legislation AmendmentAct 2013 No. 3 ss 1, 2(2)(e)–(f), 60 sch 1 date of assent 26 February 2013 ss 1–2 commenced on date of assent remaining provisions commenced 5 April 2013 (2013 SL No. 39) Current as at 5 April 2013 Page 99
Stock Act 1915 Endnotes 6 List of annotations Short title s 1 amd 1953 2 Eliz 2 No. 17 s 2 sub 1993 No. 52 s 3 sch 1 Repeal s 2 om 1993 No. 52 s 3 sch 1 Construction of Act s 2A renum as s 3 1987 No. 89 s 17 Construction of Act s 3 (prev s 2A) ins 1950 14 Geo 6 No. 13 s 2 renum 1987 No. 89 s 17 om 1993 No. 52 s 3 sch 1 Definitions prov hdg sub 2002 No. 36 s 45 sch 2 Note —prev s 4 contained definitions for this Act. Definitions are now located in schedule 2—Dictionary. s 4 (prev s 3) amd 1952 1 Eliz 2 No. 39 s 4(iv); 1987 No. 89 s 3(a), (h)–(i) renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1; 2002 No. 36 s 32 When a person is in possession of something s 4A prev s 4A ins 1993 No. 56 s 183 sch 2 om 1999 No. 11 s 22 pres s 4A (prev s 4(2)) renum 2002 No. 36 s 45 sch 2 References to diseased or infected matter or thing s 4B (prev s 4(3)) renum 2002 No. 36 s 45 sch 2 Chemical or antibiotic residue may be prescribed as a disease s 4C (prev s 4(4)) renum 2002 No. 36 s 45 sch 2 amd 2003 No. 82 s 88 sch Appointment and qualifications of inspectors s 4D ins 2002 No. 36 s 33 Appointment conditions and limit on powers of inspectors s 4E ins 2002 No. 36 s 33 Issue of inspector’s identity card s 4F ins 2002 No. 36 s 33 Production or display of inspector’s identity card s 4G ins 2002 No. 36 s 33 When inspector ceases to hold office s 4H ins 2002 No. 36 s 33 Resignation s 4I ins 2002 No. 36 s 33 Page 100 Current as at 5 April 2013
Stock Act 1915 Endnotes Return of inspector’s identity card s 4J ins 2002 No. 36 s 33 Chief inspector and other inspectors prov hdg sub 1993 No. 52 s 3 sch 1 s 5 (prev s 4) amd 1948 13 Geo 6 No. 1 s 2; 1958 7 Eliz 2 No. 19 s 3; 1960 9 Eliz 2 No. 42 s 3; 1965 No. 40 s 3(a); 1974 No. 79 s 18(2) sch; 1978 No. 64 s 6; 1986 No. 4 s 35 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1; 1996 No. 37 s 147 sch 2; 2002 No. 36 s 34; 2009 No. 25 s 83 sch Stock Returns hdg ins 1952 1 Eliz 2 No. 39 s 5 om 1978 No. 64 s 7(a) Honorary inspectors s 5A prev s 5A ins 1952 1 Eliz 2 No. 39 s 5 amd 1959 8 Eliz 2 No. 12 s 2; 1960 9 Eliz 2 No. 42 s 4; 1973 No. 32 s 6; 1974 No. 79 s 18(2) sch om 1978 No. 64 s 7(b) pres s 5A ins 1993 No. 52 s 3 sch 1 om 2002 No. 36 s 35 Appointment of approved veterinary surgeons s 5B (prev s 5(3)) ins 1948 12 Geo 6 No. 19 s 3(1) sub 1965 No. 40 s 3(b) amd 1978 No. 64 s 6(b) renum 1993 No. 52 s 3 sch 1 Agreements between the Minister and approved veterinary surgeons s 5C (prev s 5(4)–(5)) ins 1965 No. 40 s 3(c) amd 1973 No. 32 s 5; 1978 No. 64 s 6(c); 1987 No. 89 s 18 renum 1993 No. 52 s 3 sch 1 Authorised veterinary surgeons prov hdg ins 1993 No. 52 s 3 sch 1 s 5D (prev s 5(6)) ins 1965 No. 40 s 3(c) om 1973 No. 32 s 5(b) ins 1978 No. 64 s 6(d) renum 1993 No. 52 s 3 sch 1 Delegations s 6 prev s 6 amd 1930 21 Geo 5 No. 35 s 4; 1941 5 Geo 6 No. 18 s 13; 1953 2 Eliz 2 No. 17 ss 3–4; 1973 No. 32 s 7 om 1978 No. 64 s 8 pres s 6 (prev s 4A) ins 1958 7 Eliz 2 No. 19 s 4 renum 1987 No. 89 s 17 sub 1993 No. 52 s 3 sch 1 Governor in Council may appoint districts s 7 prev s 7 sub 1930 21 Geo 5 No. 35 s 5; 1931 22 Geo 5 No. 34 s 2 Current as at 5 April 2013 Page 101
Stock Act 1915 Endnotes amd 1935 26 Geo 5 No. 9 s 11(i); 1941 5 Geo 6 No. 18 s 14; 1950 14 Geo 6 No. 13 s 3; 1952 1 Eliz 2 No. 39 s 6; 1953 2 Eliz 2 No. 17 s 6; 1960 9 Eliz 2 No. 42 s 5; 1973 No. 32 s 9; 1974 No. 79 s 18(2) sch om 1978 No. 64 s 7(b) pres s 7 (prev s 5) amd 1930 21 Geo 5 No. 35 s 3 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1 Agreements for voluntary assessments on milk and cream s 7B ins 1958 7 Eliz 2 No. 19 s 6 om 1973 No. 32 s 11 Stock Diseases Compensation and Stock Improvement Fund prov hdg amd 1965 No. 40 s 4 s 8 (prev s 6A) ins 1944 9 Geo 6 No. 6 s 4 amd 1948 12 Geo 6 No. 19 s 4; 1953 2 Eliz 2 No. 17 s 5; 1958 7 Eliz 2 No. 19 s 5; 1959 8 Eliz 2 No. 12 s 3; 1965 No. 40 s 4; 1973 No. 32 s 8 renum 1987 No. 89 s 17 amd 1987 No. 89 s 18 Assessments on milk and cream s 9 (prev s 7A) ins 1944 9 Geo 6 No. 6 s 5 amd 1946 11 Geo 6 No. 10 s 3 sub 1948 13 Geo 6 No. 1 s 3 amd 1949 13 Geo 6 No. 40 s 2; 1953 2 Eliz 2 No. 17 s 7; 1954 3 Eliz 2 No. 22 s 3; 1965 No. 40 s 5; 1972 No. 31 s 6 sch 1 sub 1973 No. 32 s 10 amd 1986 No. 3 s 4 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1 Dips etc. s 10 prev s 10 om 1973 No. 32 s 13 pres s 10 (prev s 8) renum 1987 No. 89 s 17 Disease controls over introduction of stock and other matters and things s 11 (prev s 9) amd 1940 4 Geo 6 No. 11 s 5; 1946 11 Geo 6 No. 10 s 4; 1960 9 Eliz 2 No. 42 s 6; 1965 No. 40 s 6; 1973 No. 32 s 12; 1974 No. 79 s 18(2) sch; 1978 No. 64 s 10; 1986 No. 4 ss 5, 35 renum 1987 No. 89 s 4(1)(a) sub 1987 No. 89 s 4(2) amd 1993 No. 52 s 3 sch 1; 2002 No. 36 s 44 sch 1 Destruction of stock from other States where prescribed certificates not produced s 11A (prev s 9A) ins 1960 9 Eliz 2 No. 42 s 7 amd 1974 No. 79 s 18(2) sch; 1978 No. 64 s 11; 1986 No. 4 s 6 renum 1987 No. 89 s 4(1)(a) om 1987 No. 89 s 4(2) Page 102 Current as at 5 April 2013
Stock Act 1915 Endnotes Suspension of preceding sections s 11B (prev s 11) amd 1946 11 Geo 6 No. 10 s 5; 1965 No. 40 s 7; 1986 No. 4 s 7 renum 1987 No. 89 s 4(1)(a) amd 1987 No. 89 s 4(1)(b) om 1987 No. 89 s 4(2) Minister may prohibit or restrict introduction or removal of stock s 12 amd 1930 21 Geo 5 No. 35 s 6; 1946 11 Geo 6 No. 10 s 6; 1965 No. 40 s 8; 1973 No. 32 s 14; 1978 No. 64 s 12; 1979 No. 59 s 3 sub 1986 No. 4 s 8 amd 1993 No. 52 s 3 sch 1; 2002 No. 12 s 329 sch 2 Emergency disease notice s 12A ins 2002 No. 36 s 36 Free areas s 12B ins 1973 No. 32 s 16 amd 1974 No. 79 s 18(2) sch om 1978 No. 64 s 15 Restricted areas s 12C ins 1973 No. 32 s 17 amd 1974 No. 79 s 18(2) sch om 1978 No. 64 s 16 Infected and declared areas s 13 (prev s 12A) ins 1946 11 Geo 6 No. 10 s 7 amd 1973 No. 32 s 15; 1974 No. 79 s 18(2) sch sub 1978 No. 64 s 13 amd 1979 No. 59 s 4; 1981 No. 13 s 4(2) sch 1 pt B; 1986 No. 4 s 35; 1987 No. 89 s 5 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1; 2002 No. 36 s 44 sch 1 Quarantine s 14 (prev s 13) amd 1946 11 Geo 6 No. 10 s 8; 1954 3 Eliz 2 No. 22 s 4; 1973 No. 32 s 18; 1974 No. 79 s 18(2) sch; 1979 No. 59 s 5; 1981 No. 13 s 4(2) sch 1 pt B; 1986 No. 4 s 9; 1987 No. 89 s 6 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1; 2001 No. 71 s 551 sch 1; 2002 No. 36 s 44 sch 1 Stock may be destroyed in certain cases s 15 (prev s 14) amd 1946 11 Geo 6 No. 10 s 9; 1965 No. 40 s 9; 1978 No. 64 s 17; 1979 No. 59 s 6; 1986 No. 4 s 10 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1 Requirement as to stock-proof fences prov hdg amd 1987 No. 89 s 7(a) s 16 (prev s 14A) ins 1973 No. 32 s 19 amd 1987 No. 89 s 7(b)–(d) renum 1987 No. 89 s 17 Current as at 5 April 2013 Page 103
Stock Act 1915 Endnotes amd 1993 No. 52 s 3 sch 1; 2011 No. 25 s 105 sch 1 pt 2; 2013 No. 3 s 60 sch 1 Provisions dealing with abandoned &c., horses and brumbies s 16A ins 1930 21 Geo 5 No. 35 s 7 amd 1960 9 Eliz 2 No. 42 s 8; 1973 No. 32 s 22; 1974 No. 79 s 18(2) sch om 1978 No. 64 s 20 Owner to be compensated s 17 (prev s 15) amd 1940 4 Geo 6 No. 11 s 6; 1946 11 Geo 6 No. 10 s 10; 1953 2 Eliz 2 No. 17 s 8; 1973 No. 32 s 20; 1978 No. 64 s 18; 1981 No. 13 s 4(2) sch 1 pt B; 1984 No. 3 s 5; 1986 No. 4 s 11 renum 1987 No. 89 s 17 amd 1987 No. 89 s 18; 1989 No. 103 s 3 sch; 1993 No. 52 s 3 sch 1 When no compensation payable s 18 (prev s 15A) ins 1978 No. 64 s 19 amd 1979 No. 59 s 7; 1986 No. 4 s 12 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1 Local governments may destroy stray diseased stock s 19 (prev s 16) amd 1973 No. 32 s 21 renum 1987 No. 89 s 17 Warranty implied on sale of stock s 20 (prev s 17) amd 1946 11 Geo 6 No. 10 s 11; 1948 13 Geo 6 No. 1 s 4 sub 1973 No. 32 s 23 amd 1978 No. 64 s 21; 1986 No. 4 s 13 renum 1987 No. 89 s 17 amd 1987 No. 89 s 18; 1993 No. 52 s 3 sch 1; 1993 No. 56 s 183 sch 2; 2002 No. 49 s 37 sch Some stock movements require a travel permit s 21 (prev s 18) amd 1930 21 Geo 5 No. 35 s 8; 1936 1 Edw 8 No. 12 s 2; 1940 4 Geo 6 No. 11 s 7; 1948 13 Geo 6 No. 1 s 5; 1958 7 Eliz 2 No. 19 s 7; 1960 9 Eliz 2 No. 42 s 9; 1965 No. 40 s 10; 1973 No. 32 s 24; 1974 No. 79 s 18(2) sch; 1978 No. 64 s 22; 1979 No. 59 s 8; 1984 No. 3 s 6; 1986 No. 4 ss 14, 35; 1987 No. 89 s 8 renum 1987 No. 89 s 17 amd 1989 No. 103 s 3 sch sub 1993 No. 52 s 4 amd 2002 No. 36 s 44 sch 1 Types of stock movement that require a travel permit s 21A ins 1993 No. 52 s 4 Issue of a travel permit s 21B ins 1993 No. 52 s 4 Application for travel permit s 21C ins 1993 No. 52 s 4 Page 104 Current as at 5 April 2013
Stock Act 1915 Endnotes Change of route under a travel permit s 21D ins 1993 No. 52 s 4 Travel permit for multiple movements s 21E ins 1993 No. 52 s 4 Cancellation of travel permit to prevent disease s 21F ins 1993 No. 52 s 4 Travel permit taken to be cancelled s 21G ins 1993 No. 52 s 4 Cancelled travel permit must be returned on request s 21H ins 1993 No. 52 s 4 amd 2002 No. 36 s 44 sch 1 Duties concerning travel permit arising during stock movement s 21I ins 1993 No. 52 s 4 amd 2002 No. 36 s 44 sch 1 Requirement to have travel permit relaxed in some cases s 21J ins 1993 No. 52 s 4 Only an inspector to issue, alter or endorse a travel permit s 21K ins 1993 No. 52 s 4 amd 2002 No. 36 s 44 sch 1 Waybill to be completed and given to drover before stock movement prov hdg amd 1984 No. 3 s 7 s 22 (prev s 19) amd 1930 21 Geo 5 No. 35 s 9; 1948 13 Geo 6 No. 1 s 6; 1959 8 Eliz 2 No. 12 s 4; 1960 9 Eliz 2 No. 42 s 10; 1965 No. 40 s 11; 1973 No. 32 s 25; 1974 No. 79 s 18(2) sch; 1978 No. 64 s 23; 1979 No. 59 s 9; 1984 No. 3 s 7; 1986 No. 4 ss 15, 35; 1987 No. 89 s 9 renum 1987 No. 89 s 17 amd 1987 No. 89 s 18 sub 1993 No. 52 s 5 amd 2002 No. 36 s 44 sch 1; 2003 No. 82 s 88 sch Retention of copy of waybill given to drover s 22A ins 1993 No. 52 s 5 amd 2002 No. 36 s 44 sch 1 Duties of drovers s 22B ins 1993 No. 52 s 5 amd 2002 No. 36 s 44 sch 1; 2003 No. 82 s 88 sch Duties relating to waybill when stock delivered s 22C ins 1993 No. 52 s 5 amd 2002 No. 36 s 44 sch 1; 2003 No. 82 s 88 sch Retention of waybill received from drover s 22D ins 1993 No. 52 s 5 amd 2002 No. 36 s 44 sch 1 Current as at 5 April 2013 Page 105
Stock Act 1915 Endnotes Entering of false or misleading information s 22E ins 1993 No. 52 s 5 amd 2002 No. 36 s 44 sch 1 Waybill sometimes not required s 22F ins 1993 No. 52 s 5 Multiple conveyances permitted under single waybill s 22G ins 1993 No. 52 s 5 Examination of stock by owners of holdings s 22H ins 1993 No. 52 s 5 amd 2002 No. 36 s 44 sch 1 Escape of travelling stock s 22I ins 1993 No. 52 s 5 amd 2002 No. 36 s 44 sch 1 Regulation may provide for the non-application of travel permit and waybill requirements prov hdg amd 1987 No. 89 s 18 s 23 (prev s 19A) ins 1965 No. 40 s 12 amd 1986 No. 4 s 16 renum 1987 No. 89 s 17 amd 1987 No. 89 s 18 sub 1993 No. 52 s 3 sch 1 Endorsement of waybill on inspection etc. prov hdg amd 1984 No. 3 s 8; 1993 No. 52 s 3 sch 1 s 24 (prev s 20) amd 1978 No. 64 s 24; 1984 No. 3 s 8; 1986 No. 4 s 17 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1; 2000 No. 5 s 373 sch 2 Drover to give notice before entering a holding s 25 (prev s 21) amd 1930 21 Geo 5 No. 35 s 10; 1959 8 Eliz 2 No. 12 s 5; 1960 9 Eliz 2 No. 42 s 11; 1974 No. 79 s 18(2) sch; 1986 No. 4 s 18 renum 1987 No. 89 s 17 amd 1996 No. 59 s 81 Compensation s 25B prev s 25B ins 1944 9 Geo 6 No. 6 s 7 amd 1946 11 Geo 6 No. 10 s 14; 1948 12 Geo 6 No. 19 s 6; 1948 13 Geo 6 No. 1 s 7; 1958 7 Eliz 2 No. 19 s 11 om 1973 No. 32 s 30 new s 25B ins 1978 No. 64 s 28 amd 1986 No. 4 s 23 om 1987 No. 89 s 11 Branding of travelling sheep s 26 (prev s 22) amd 1930 21 Geo 5 No. 35 s 11; 1940 4 Geo 6 No. 11 s 8; 1965 No. 61 s 11 sch 2; 1972 No. 31 s 6 sch 1 sub 1973 No. 32 s 26 Page 106 Current as at 5 April 2013
Stock Act 1915 Endnotes amd 1986 No. 4 s 19 renum 1987 No. 89 s 17 Powers for prevention or checking of the spread from infected areas of disease, &c. s 26A ins 1954 3 Eliz 2 No. 22 s 6 amd 1965 No. 40 s 15; 1973 No. 32 s 32; 1974 No. 79 s 18(2) sch; 1978 No. 64 s 29 om 1981 No. 13 s 4(2) sch 1 pt B Boarding kennels s 26B ins 1954 3 Eliz 2 No. 22 s 7 amd 1974 No. 79 s 18(2) sch; 1978 No. 64 s 30 om 1986 No. 4 s 25 Artificial insemination s 26C ins 1958 7 Eliz 2 No. 19 s 12 amd 1959 8 Eliz 2 No. 12 s 8; 1974 No. 79 s 18(2) sch; 1978 No. 64 s 31 om (as from 16 August 1981) by Artificial Breeding of Stock Act 1979 No. 65 s 4(1) Pet shops s 26D ins 1965 No. 40 s 16 amd 1978 No. 64 s 32 om 1986 No. 4 s 26 Responsibilities about notifiable diseases and other diseases prov hdg sub 2002 No. 36 s 37(1) s 27 (prev s 23) amd 1958 7 Eliz 2 No. 19 s 8 sub 1965 No. 40 s 13 amd 1973 No. 32 s 27; 1978 No. 64 s 25; 1981 No. 13 s 4(2) sch 1 pt B; 1986 No. 4 s 20 renum 1987 No. 89 s 17 amd 1987 No. 89 s 18; 1993 No. 52 s 3 sch 1; 2002 No. 36 s 37(2) Swine s 28 (prev s 24) renum 1987 No. 89 s 17 Cattle feedlots to be licensed s 28A ins 1989 No. 107 s 5 om 1999 No. 11 s 23 Application for cattle feedlot licence or renewal s 28B ins 1989 No. 107 s 5 amd 1993 No. 52 s 3 sch 1 om 1999 No. 11 s 23 Licences s 28C ins 1989 No. 107 s 5 amd 1993 No. 52 s 3 sch 1 om 1999 No. 11 s 23 Noncompliance with licence s 28D ins 1989 No. 107 s 5 Current as at 5 April 2013 Page 107
Stock Act 1915 Endnotes om 1999 No. 11 s 23 Duration of licence s 28E ins 1989 No. 107 s 5 om 1999 No. 11 s 23 Chief Inspector may require information s 28F ins 1989 No. 107 s 5 om 1999 No. 11 s 23 Cancellation or suspension of licence s 28G ins 1989 No. 107 s 5 amd 1993 No. 52 s 3 sch 1 om 1999 No. 11 s 23 Chief Inspector may issue guidelines s 28H ins 1989 No. 107 s 5 om 1993 No. 52 s 3 sch 1 Register s 28I ins 1989 No. 107 s 5 om 1999 No. 11 s 23 Cattle Feedlot Advisory Committee s 28J ins 1989 No. 107 s 5 amd 1999 No. 11 s 24 Powers of inspector s 29 (prev s 25) amd 1930 21 Geo 5 No. 35 s 12; 1940 4 Geo 6 No. 11 s 9; 1946 11 Geo 6 No. 10 s 12; 1952 1 Eliz 2 No. 39 s 7; 1953 2 Eliz 2 No. 17 s 9; 1958 7 Eliz 2 No. 19 s 9; 1959 8 Eliz 2 No. 12 s 6; 1973 No. 32 s 28; 1978 No. 64 s 26; 1979 No. 59 s 10; 1981 No. 13 s 4(2) sch 1 pt B; 1986 No. 4 s 21 renum 1987 No. 89 s 17 amd 1987 No. 89 s 18; 1989 No. 107 s 6; 1993 No. 52 s 3 sch 1; 2000 No. 5 s 373 sch 2; 2002 No. 36 s 38 Production of documents s 29A ins 2002 No. 36 s 39 Disease eradication programs s 30 (prev s 25A) ins 1944 9 Geo 6 No. 6 s 6 amd 1946 11 Geo 6 No. 10 s 13; 1948 12 Geo 6 No. 19 s 5; 1958 7 Eliz 2 No. 19 s 10; 1959 8 Eliz 2 No. 12 s 7; 1960 9 Eliz 2 No. 42 s 12; 1965 No. 40 s 14; 1973 No. 32 s 29; 1974 No. 79 s 18(2) sch sub 1978 No. 64 s 27 amd 1979 No. 59 s 11; 1986 No. 4 ss 22, 35; 1987 No. 89 s 10 renum 1987 No. 89 s 17 amd 1989 No. 25 s 2; 1993 No. 52 s 3 sch 1; 1993 No. 56 s 183 sch 2; 2002 No. 36 s 44 sch 1 Compensation relating to disease eradication programs s 31 ins 1987 No. 89 s 11 amd 1993 No. 52 s 3 sch 1 Page 108 Current as at 5 April 2013
Stock Act 1915 Endnotes Testing, treatment and isolation of stock and treatment of vehicles s 32 (prev s 26) amd 1940 4 Geo 6 No. 11 s 10; 1954 3 Eliz 2 No. 22 s 5 sub 1973 No. 32 s 31 amd 1979 No. 59 s 12; 1986 No. 4 s 24 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1 Control of residue disease s 33 ins 1987 No. 89 s 12 amd 1993 No. 52 s 3 sch 1; 2002 No. 36 s 44 sch 1 Restricted entry into dwelling house s 34 ins 1987 No. 89 s 12 amd 1993 No. 52 s 3 sch 1 Laboratories s 35 (prev s 26E) ins 1978 No. 64 s 33 amd 1986 No. 4 s 27 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1 Certification relating to artificial breeding s 35A ins 1993 No. 52 s 6 External review by QCAT s 35B ins 2009 No. 24 s 783 Application of QCAT Act notice requirement s 35C ins 2009 No. 24 s 783 Appeals to Magistrates Courts s 36 (prev s 27) amd 1930 21 Geo 5 No. 35 s 13; 1954 3 Eliz 2 No. 22 s 8 renum 1987 No. 89 s 17 sub 1993 No. 52 s 7 amd 2004 No. 27 s 33; 2009 No. 24 s 784 Who may appeal to the District Court s 36A ins 2004 No. 27 s 34 amd 2009 No. 24 s 785 Starting an appeal s 36B ins 2004 No. 27 s 34 Stay of operation of decision s 36C ins 2004 No. 27 s 34 Hearing procedures s 36D ins 2004 No. 27 s 34 Powers of court on appeal s 36E ins 2004 No. 27 s 34 Who may appeal to the Court of Appeal s 36F ins 2004 No. 27 s 34 Current as at 5 April 2013 Page 109
Stock Act 1915 Endnotes Appeal on questions of law only s 36G ins 2004 No. 27 s 34 Starting an appeal s 36H ins 2004 No. 27 s 34 Stay of operation of decision s 36I ins 2004 No. 27 s 34 Hearing procedures s 36J ins 2004 No. 27 s 34 Powers of court on appeal s 36K ins 2004 No. 27 s 34 Offences s 37 (prev s 28) amd 1930 21 Geo 5 No. 35 s 14; 1936 1 Edw 8 No. 12 s 3; 1948 13 Geo 6 No. 1 s 8; 1954 3 Eliz 2 No. 22 s 9; 1958 7 Eliz 2 No. 19 s 13; 1960 9 Eliz 2 No. 42 s 13; 1973 No. 32 s 33; 1974 No. 79 s 18(2) sch; 1978 No. 64 s 34; 1979 No. 59 s 13; 1986 No. 4 s 28; 1987 No. 89 s 13 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1; 2000 No. 5 s 373 sch 2; 2002 No. 12 s 329 sch 2 s 38 (prev s 28A) ins 1958 7 Eliz 2 No. 19 s 14 renum 1987 No. 89 s 17 amd 1987 No. 89 s 18 om 1993 No. 52 s 3 sch 1 Destroying notices etc. s 39 (prev s 29) sub 1954 3 Eliz 2 No. 22 s 10 amd 1960 9 Eliz 2 No. 42 s 14; 1974 No. 79 s 18(2) sch; 1986 No. 4 s 29 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1 Feeding particular things to stock s 39A ins 2002 No. 36 s 40 Expenses of destruction etc. of stock to be borne by the owner s 40 (prev s 29A) ins 1953 2 Eliz 2 No. 17 s 10 renum 1987 No. 89 s 17 Protection from liability s 41 (prev s 29B) ins 1965 No. 40 s 17 renum 1987 No. 89 s 17 sub 1993 No. 52 s 3 sch 1 Offences generally and penalty s 42 (prev s 29C) ins 1986 No. 4 s 30 amd 1987 No. 89 s 14 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1; 2002 No. 36 s 44 sch 1 Page 110 Current as at 5 April 2013
Stock Act 1915 Endnotes Procedure s 43 (prev s 30) amd 1935 26 Geo 5 No. 9 s 11(ii); 1948 13 Geo 6 No. 1 s 9; 1952 1 Eliz 2 No. 39 s 8; 1960 9 Eliz 2 No. 42 s 15; 1973 No. 32 s 34; 1974 No. 79 s 18(2) sch; 1978 No. 64 s 35; 1979 No. 59 s 14; 1986 No. 4 s 31 renum 1987 No. 89 s 17 amd 2000 No. 5 s 373 sch 3 Liability for offence by agent or employee s 44 (prev s 30A) ins 1973 No. 32 s 35 renum 1987 No. 89 s 17 Liability for offences by corporations s 45 (prev s 30B) ins 1978 No. 64 s 36 renum 1987 No. 89 s 17 Service of orders etc. s 46 (prev s 30C) ins 1978 No. 64 s 36 amd 1986 No. 4 s 32 renum 1987 No. 89 s 17 om 1993 No. 52 s 3 sch 1 Evidentiary provisions s 47 (prev s 30D) ins 1986 No. 4 s 33 amd 1987 No. 89 s 15 renum 1987 No. 89 s 17 amd 1989 No. 107 s 7; 1993 No. 52 s 3 sch 1 Chief executive may approve forms s 47A ins 1993 No. 52 s 3 sch 1 Regulation-making power prov hdg sub 2003 No. 82 s 88 sch s 48 (prev s 31) amd 1944 9 Geo 6 No. 6 s 8; 1965 No. 40 s 18; 1978 No. 64 s 37; 1979 No. 59 s 15 renum 1987 No. 89 s 17 amd 1993 No. 52 s 3 sch 1; 2002 No. 36 s 45 sch 2 Existing permits and waybills s 49 ins 1993 No. 52 s 3 sch 1 om 2002 No. 36 s 41 Previous actions of Minister s 50 ins 1993 No. 52 s 3 sch 1 om 2002 No. 36 s 41 SCHEDULE 1—SUBJECT MATTER FOR REGULATIONS prev sch 1 om 1993 No. 52 s 3 sch pres sch 1 (prev sch 2) renum as sch 1993 No. 52 s 3 sch 1 (prev sch) renum 2002 No. 36 s 45 sch 2 Movement of stock and other matter s 1 amd 1973 No. 32 s 36(a); 1978 No. 64 s 38(a) sub 1987 No. 89 s 16(a) Current as at 5 April 2013 Page 111
Stock Act 1915 Endnotes Isolation of stock s 2 amd 1973 No. 32 s 36(b); 1978 No. 64 s 38(b); 1987 No. 89 s 16(b) Removal of carcasses etc. from ship s 3 amd 1978 No. 64 s 38(c); 1979 No. 59 s 16(a) Destruction and disposal of stock etc. s 4 amd 1978 No. 64 s 38(d); 1979 No. 59 s 16(b); 1987 No. 89 s 16(c) Cleansing infected areas s 6 amd 1973 No. 32 s 36(c); 1978 No. 64 s 38(c) s 6A ins 1973 No. 32 s 36(d) s 6B ins 1989 No. 107 s 8 sub 1993 No. 52 s 3 sch 1 om 1999 No. 11 s 25 s 6C ins 1993 No. 52 s 3 sch 1 om 1999 No. 11 s 25 Spread of infection s 7 amd 1973 No. 32 s 36(e) Chemicals, antibiotics s 7A ins 1987 No. 89 s 16(d) Contaminated places s 7B ins 1987 No. 89 s 16(d) Contaminated fodder s 7C ins 1987 No. 89 s 16(d) s 7D ins 1993 No. 52 s 3 sch 1 s 9A ins 1979 No. 59 s 16(c) amd 1986 No. 4 s 34(a) s 10 amd 1930 21 Geo 5 No. 35 s 15(a); 1940 4 Geo 6 No. 11 s 11(a) sub 1973 No. 32 s 36(f) amd 1978 No. 64 s 38(f); 1979 No. 59 s 16(d) Carriage of tick etc. s 11 amd 1973 No. 32 s 36(g); 1979 No. 59 s 16(e) Dipping etc. s 12 amd 1930 21 Geo 5 No. 35 s 15(b); 1965 No. 40 s 19(a); 1986 No. 4 s 34(b) s 13 amd 1930 21 Geo 5 No. 35 s 15(c); 1940 4 Geo 6 No. 11 s 11(b) sub 1973 No. 32 s 36(h) s 15 amd 1930 21 Geo 5 No. 35 s 15(d) Page 112 Current as at 5 April 2013
Stock Act 1915 Endnotes sub 1973 No. 32 s 36(i) amd 1974 No. 79 s 18(1) s 16 sub 1973 No. 32 s 36(j) Prohibiting etc. movement etc. of certain stock s 16A ins 1930 21 Geo 5 No. 35 s 15(e) amd 1946 11 Geo 6 No. 10 s 15; 1973 No. 32 s 36(k) Seizure of stock etc. s 17 amd 1965 No. 40 s 19(b); 1973 No. 32 s 36(l); 1978 No. 64 s 38(g) sub 1979 No. 59 s 16(f) Feeding of stock s 17A ins 1973 No. 32 s 36(m) amd 1976 No. 23 s 2(a) sub 1979 No. 59 s 16(f) Piggeries s 17B ins 1976 No. 23 s 2(b) sub 1979 No. 59 s 16(f) Laboratories s 17C ins 1976 No. 23 s 2(b) sub 1979 No. 59 s 16(f) amd 1986 No. 4 s 34(c) s 17D ins 1976 No. 23 s 2(b) om 1979 No. 59 s 16(f) Laboratories s 17E ins 1978 No. 64 s 38(h) om 1979 No. 59 s 16(f) Valuing destroyed matter s 18 sub 1987 No. 89 s 16(e) s 21 amd 1952 1 Eliz 2 No. 39 s 9(i); 1965 No. 40 s 19(c) om 1993 No. 52 s 3 sch 1 Stock returns and register s 21A ins 1952 1 Eliz 2 No. 39 s 9(ii) om 1978 No. 64 s 38(i) Costs and expenses s 22 sub 1987 No. 89 s 16(f) amd 1993 No. 52 s 3 sch 1 Qualifications of inspectors etc. s 23 amd 1948 13 Geo 6 No. 1 s 10; 1973 No. 32 s 36(n); 2002 No. 36 s 42 s 24 ins 1960 9 Eliz 2 No. 42 s 16 om 1993 No. 52 s 3 sch 1 Current as at 5 April 2013 Page 113
Stock Act 1915 Endnotes SCHEDULE 2—DICTIONARY ins 2002 No. 36 s 45 sch 2 Note— definitions for this Act were originally located in prev s 4. def accredited ins 1973 No. 32 s 4(a) reloc 2002 No. 36 s 32(5) def actual owner ins 1965 No. 40 s 2(a) reloc 2002 No. 36 s 32(5) def animal ins 1973 No. 32 s 4(b) amd 1979 No. 59 s 2(a) reloc 2002 No. 36 s 32(5) def animal pathogen ins 1979 No. 59 s 2(b) reloc 2002 No. 36 s 32(5) def animal product ins 1978 No. 64 s 5(a) amd 1979 No. 59 s 2(c); 1986 No. 4 s 3(a); 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def approved form ins 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def approved veterinary surgeon ins 1948 12 Geo 6 No. 19 s 2 reloc 2002 No. 36 s 32(5) def approved waybill ins 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def authorised agent ins 1973 No. 32 s 4(c) sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def authorised veterinary surgeon ins 1973 No. 32 s 4(c) sub 1978 No. 64 s 5(b reloc 2002 No. 36 s 32(5) def biological preparation ins 1978 No. 64 s 5(c) amd 1979 No. 59 s 2(d); 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def carcass amd 1930 21 Geo 5 No. 35 s 2(a); 1965 No. 40 s 2(b); 1986 No. 4 s 3(b) reloc 2002 No. 36 s 32(5) def cattle reloc 2002 No. 36 s 32(5) def cattle feedlot ins 1989 No. 107 s 4(a) sub 1993 No. 56 s 183 sch 2; 1999 No. 11 s 21 reloc 2002 No. 36 s 32(5) def cattle tick infected area ins 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def chief executive ins 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def chief inspector amd 1979 No. 59 s 2(e) sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def Clerk of Petty Sessions ins 1952 1 Eliz 2 No. 39 s 4(i) om from prev s 4 1973 No. 32 s 4(d) Page 114 Current as at 5 April 2013
Stock Act 1915 Endnotes def convey ins 1940 4 Geo 6 No. 11 s 4(a) amd 1978 No. 64 s 5(d) sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def declared area ins 1978 No. 64 s 5(3) reloc 2002 No. 36 s 32(5) def destination ins 1940 4 Geo 6 No. 11 s 4(a) amd 1989 No. 107 s 4(b) reloc 2002 No. 36 s 32(5) def destroy reloc 2002 No. 36 s 32(5) def dip ins 1940 4 Geo 6 No. 11 s 4(b) sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def dipped sub 1930 21 Geo 5 No. 35 s 2(b) amd 1986 No. 4 s 3(c) om from prev s 4 1993 No. 52 s 3 sch 1 def disease amd 1940 4 Geo 6 No. 11 s 4(c) sub 1958 7 Eliz 2 No. 19 s 2; 1965 No. 40 s 2(c) amd 1979 No. 59 s 2(f); 1986 No. 4 s 3(d); 1987 No. 89 s 3(b) sub 1993 No. 52 s 3 sch 1; 2002 No. 36 s 32(2)–(3) reloc 2002 No. 36 s 32(5) def diseased stock reloc 2002 No. 36 s 32(5) def district reloc 2002 No. 36 s 32(5) def drive ins 1940 4 Geo 6 No. 11 s 4(d) sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def drover reloc 2002 No. 36 s 32(5) def dwelling house ins 1987 No. 89 s 3(c) reloc 2002 No. 36 s 32(5) def exotic disease ins 2002 No. 36 s 32(3) reloc 2002 No. 36 s 32(5) def farm deer ins 1985 No. 24 s 4(2) sch 3 om from prev s 4 2002 No. 36 s 32(2) def fittings reloc 2002 No. 36 s 32(5) def fodder amd 1978 No. 64 s 5(f); 1987 No. 89 s 3(d) reloc 2002 No. 36 s 32(5) def free area ins 1973 No. 32 s 4(e) om from prev s 4 1978 No. 64 s 5(g) def Fund amd 1953 2 Eliz 2 No. 17 s 3 om from prev s 4 1978 No. 64 s 5(h) def government veterinary officer ins 1973 No. 32 s 4(f) amd 1978 No. 64 s 5(i) sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def holding amd 1986 No. 4 s 3(e); 1989 No. 107 s 4(c) reloc 2002 No. 36 s 32(5) def horses reloc 2002 No. 36 s 32(5) Current as at 5 April 2013 Page 115
Stock Act 1915 Endnotes def infected ins 1930 21 Geo 5 No. 35 s 2(c) reloc 2002 No. 36 s 32(5) def infected area sub 1973 No. 32 s 4(g) amd 1978 No. 64 s 5(j); 1987 No. 89 s 18 reloc 2002 No. 36 s 32(5) def infected stock amd 1973 No. 32 s 4(h) reloc 2002 No. 36 s 32(5) def information notice ins 2009 No. 24 s 786 def inoculate ins 1965 No. 40 s 2(d) amd 1979 No. 59 s 2(g) reloc 2002 No. 36 s 32(5) def inspector amd 1930 21 Geo 5 No. 35 s 2(d) sub 1993 No. 52 s 3 sch reloc 2002 No. 36 s 32(5) amd 2003 No. 82 s 88 sch def introduced stock amd 1946 11 Geo 6 No. 10 s 2(a) reloc 2002 No. 36 s 32(5) def laboratory ins 1978 No. 64 s 5(k) amd 1979 No. 59 s 2(h); 1986 No. 4 s 3(f) reloc 2002 No. 36 s 32(5) def legibly branded ins 1940 4 Geo 6 No. 11 s 4(e) amd 1972 No. 31 s 6 sch 1 reloc 2002 No. 36 s 32(5) def Local Authority sub 1952 1 Eliz 2 No. 39 s 4(ii) om from prev s 4 1993 No. 52 s 3 sch 1 def local government area ins 1952 1 Eliz 2 No. 39 s 4(ii) om from prev s 4 1994 No. 15 s 3 sch 2 def market value of stock reloc 2002 No. 36 s 32(5) def Minister sub 1973 No. 32 s 4(i) om from prev s 4 1993 No. 52 s 3 sch 1 def neighbouring holding ins 1940 4 Geo 6 No. 11 s 4(f) amd 1972 No. 31 s 6 sch 1 sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def notifiable disease ins 1965 No. 40 s 2(e) amd 1973 No. 32 s 4(j); 1979 No. 59 s 2(i); 1986 No. 4 s 3(g); 1987 No. 89 s 3(e) sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def order ins 1940 4 Geo 6 No. 11 s 4(f) reloc 2002 No. 36 s 32(5) def original decision ins 2004 No. 27 s 35 def owner amd 1930 21 Geo 5 No. 35 s 2(e); 1973 No. 32 s 4(k); 1986 No. 4 s 3(h) reloc 2002 No. 36 s 32(5) def permit ins 1986 No. 4 s 3(i) amd 1987 No. 89 s 18 om from prev s 4 1993 No. 52 s 3 sch 1 Page 116 Current as at 5 April 2013
Stock Act 1915 Endnotes def person ins 1952 1 Eliz 2 No. 39 s 4(iii) om from prev s 4 1965 No. 40 s 2(f) def police officer and Officer of police ins 1965 No. 40 s 2(f) om from prev s 4 1993 No. 52 s 3 sch 1 def poultry ins 1954 3 Eliz 2 No. 22 s 2 amd 1973 No. 32 s 4(l); 1986 No. 4 s 3(j); 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def premises ins 1940 4 Geo 6 No. 11 s 4(g) reloc 2002 No. 36 s 32(5) def prescribed om from prev s 4 1993 No. 52 s 3 sch 1 def protected area ins 1973 No. 32 s 4(m) om from prev s 4 1978 No. 64 s 5(g) def registered veterinary surgeon ins 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def regulations om from prev s 4 (see RA s 39) def residue disease ins 1987 No. 89 s 3(f) sub 1993 No. 52 s 3 sch 1 amd 2002 No. 36 s 32(4) reloc 2002 No. 36 s 32(5) def restricted area ins 1973 No. 32 s 4(n) om from prev s 4 1978 No. 64 s 5(g) def road reloc 2002 No. 36 s 32(5) def saleyard ins 1940 4 Geo 6 No. 11 s 4(h) reloc 2002 No. 36 s 32(5) def sell ins 1986 No. 4 s 3(k) reloc 2002 No. 36 s 32(5) def sheep reloc 2002 No. 36 s 32(5) def spray ins 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def sprayed ins 1930 21 Geo 5 No. 35 s 2(f) amd 1986 No. 4 s 3(l) om from prev s 4 1993 No. 52 s 3 sch 1 def stabled and groomed ins 1973 No. 32 s 4(o) reloc 2002 No. 36 s 32(5) def stock amd 1946 11 Geo 6 No. 10 s 2(b); 1973 No. 32 s 4(p); 1985 No. 24 s 4(2) sch 3 sub 1986 No. 4 s 3(m); 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def stock route sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) sub 2002 No. 12 s 329 sch 2 def suspected reloc 2002 No. 36 s 32(5) def swine reloc 2002 No. 36 s 32(5) def tag ins 1973 No. 32 s 4(q) reloc 2002 No. 36 s 32(5) def test ins 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def tested ins 1960 9 Eliz 2 No. 42 s 2 Current as at 5 April 2013 Page 117
Stock Act 1915 Endnotes om from prev s 4 1993 No. 52 s 3 sch 1 def This Act om from prev s 4 1993 No. 52 s 3 sch 1 def travel ins 1987 No. 89 s 3(g) reloc 2002 No. 36 s 32(5) def travelling stock amd 1930 21 Geo 5 No. 35 s 2(g); 1940 4 Geo 6 No. 11 s 4(i) sub 1978 No. 64 s 5(l) amd 1986 No. 4 s 3(n) sub 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def travel permit ins 1993 No. 52 s 3 sch 1 reloc 2002 No. 36 s 32(5) def treated amd 1978 No. 64 s 5(m); 1986 No. 4 s 3(o) reloc 2002 No. 36 s 32(5) def vehicle ins 1986 No. 4 s 3(p) reloc 2002 No. 36 s 32(5) def vessel amd 1940 4 Geo 6 No. 11 s 4(j); 1978 No. 64 s 5(n) reloc 2002 No. 36 s 32(5) 7 Forms notified or published in the gazette Lists of forms are no longer included in reprints. Now see the separate forms document published on the website of the Office of the Queensland Parliamentary Counsel at < under Information—Current annotations. This document is updated weekly and the most recent changes are marked with a change bar. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 118 Current as at 5 April 2013
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