Stock Amendment Act 2018 (ACT)

Stock Amendment Act 2018

A2018-29

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            New section 26A  2

5            Issue of permitsSection 28  2

6            Offence to travel stock without permitSection 29 (1) and (2)  3

7           Production of permitNew section 30 (1) (aa) and (ab)  3

8            Section 32  4

9            Notice of impounded stockSection 37 (2) (b)  4

10          Section 39  5

11          Dictionary, new definition of impoundment area  6

12          Dictionary, definition of travel  6

Stock Amendment Act 2018

A2018-29

An Act to amend the Stock Act 2005

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Stock Amendment Act 2018.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Stock Act 2005.

4. New section 26A

   in part 4, insert

26AMeaning of travel—pt 4

In this part:

travel, in relation to stock, means drive or transport the stock (other than in a vehicle) outside the holding where the stock is normally kept.

1. Issue of permits
   Section 28

   omit

2. Offence to travel stock without permit
   Section 29 (1) and (2)

   substitute

   (1)A person commits an offence if the person—

   (a)travels stock; and

   (b)does not have a permit to travel the stock—

   (i)issued by the director‑general; or

   (ii)issued under a corresponding law.

   Maximum penalty:  50 penalty units.

   (2)This section does not apply to a person travelling stock if the stock is restrained by the person.

   Example

   person walking a horse using a halter and lead

   Note 1The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

   Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

3. Production of permit
   New section 30 (1) (aa) and (ab)

   before paragraph (a), insert

   (aa)the person is travelling stock; and

   (ab)the person is required to have a permit to travel the stock under section 29; and

4. Section 32

   substitute

5. Meaning of impound and impoundment area—pt 5

   In this part:

   impound—stock is impounded if it is—

   (a)seized and secured; or

   (b)seized and transported to an impoundment area to be secured.

   impoundment area means—

   (a)Territory premises; or

   (b)land owned or controlled by the Territory; or

   (c)any other land if the owner or occupier of the land consents.

6. Notice of impounded stock
   Section 37 (2) (b)

   substitute

   (b)if the owner is identified, give the owner written notice stating—

   (i)that the stock has been impounded; and

   (ii)the location of the stock; and

   (iii)the fees payable for maintaining or travelling the stock; and

   (iv)that the stock must be claimed within 14 days after the day the notice is issued; and

   (v)that if the stock is not claimed within the 14-day period, the director‑general may dispose of the stock in accordance with section 39; and

7. Section 39

   substitute

8. Disposing of impounded stock

   (1)This section applies if—

   (a)stock is impounded by the director-general; and

   (b)the director-general gives notice as required under section 37 (2) in relation to the impounded stock; and

   (c)the impounded stock is not released to the owner under section 38 (1) within 14 days after the day the notice was given.

   (2)The director‑general must—

   (a)sell the stock by public auction; or

   (b)if it is not practicable or desirable because of cost, animal welfare or any other reason to sell the stock by public auction—sell the stock in another way; or

   (c)if the stock cannot be sold, or if it is not practicable or desirable because of cost, animal welfare or any other reason to sell the stock—destroy or dispose of the stock in any other way the director‑general considers appropriate.

   NoteUnder the Animal Welfare Act 1992, s 86 a veterinary surgeon may destroy an animal humanely if, due to severe injury, disease or its physical condition, it would be cruel to keep the animal alive.

   (3)If stock is sold under subsection (2) (b), the director-general must take reasonable steps to obtain the best price possible in the circumstances.

9. Dictionary, new definition of impoundment area

   insert

   impoundment area, for part 5 (Impounding stock)—see section 32.

10. Dictionary, definition of travel

    substitute

    travel—

    (a)for this Act generally—in relation to stock, means drive or transport the stock outside the holding where the stock is normally kept; and

    (b)for part 4 (Travelling stock)—see section 26A.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 7 June 2018.

2. Notification

   Notified under the Legislation Act on 15 August 2018.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Stock Amendment Bill 2018, which was passed by the Legislative Assembly on 2 August 2018.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2018