Stock Amendment Regulation (No. 1) 2005 (Qld)

Queensland Stock Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 51 made under the StockAct1915 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 51 (Applying for and obtaining test kit or method approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new pt 8A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 1 Preliminary 59C Object of pt 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 59D Definitions for pt 8A . . . . . . . . . . . . . . . . . . . . . . . . . . 3 59E Meaning of epidemiological group in a commercial flock ................................ 5 59F Meaning of serological monitoring . . . . . . . . . . . . . . . 6 Division 2 Obligations on persons introducing domestic fowl or placing domestic fowl into commercial flocks 59G Introducing domestic fowl . . . . . . . . . . . . . . . . . . . . . . 6 59H Domestic fowl introduced from 1 April 2006 for immediate slaughter . . . . . . . . . . . . . . . . . . . . . . . . . . 7 59I Domestic fowl reared in the State. . . . . . . . . . . . . . . . 7 59J Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 3 Alternative vaccination programs 59K Application for approved alternative vaccination program ............................. 8 59L Serological monitoring . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 59M Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 9 59N Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 59O Notice of refusal of program application . . . . . . . . . . . 9 Division 4 Vaccine and vaccination requirements 59P Restriction on carrying out vaccine related activity . . 9 59Q Applications to carry out vaccine related activity . . . . 10 59R Obligation to notify chief inspector of adverse reaction . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 59S Chief inspector may require serological monitoring . . 10 Division 5 Record keeping 59T Records generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 59U Supplying vaccine . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 59V Receiving vaccine . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 59W Vaccinated fowl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 59X Disposing of vaccine . . . . . . . . . . . . . . . . . . . . . . . . . 13 59Y Vaccination certificate. . . . . . . . . . . . . . . . . . . . . . . . . 13 59Z Serological monitoring . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 6 Compliance monitoring 59ZA Places, activities and records . . . . . . . . . . . . . . . . . . . 14 5 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 15

s1 3 s4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 1 Short title This regulation may be cited as the Stock Amendment Regulation (No. 1) 2005 . 2 Regulation amended This regulation amends the Stock Regulation 1988. 3 Amendment of s 51 (Applying for and obtaining test kit or method approval) Section 51(4), from ‘a written notice’— omit, insert— ‘an information notice.’. 4 Insertion of new pt 8A After section 59B— insert — ‘Part 8A Prevention and control of Newcastle disease in domestic fowl ‘Division 1 Preliminary ‘59C Object of pt 8A ‘The object of part 8A is to provide for measures to prevent or control Newcastle disease in commercial flocks. ‘59D Definitions for pt 8A ‘In this part— alternative vaccination program means a program for vaccinating domestic fowl against Newcastle disease.

s4 4 s4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 approved alternative vaccination program means an alternative vaccination program approved by the chief inspector under section 59M. 1 approved way means in the way stated in the Newcastle disease document. authorised person means— (a) an inspector; or (b) a person authorised by the chief inspector to conduct audits under division 6. 2 class , of domestic fowl, means the type of domestic fowl by reference to its age or purpose. Example — breeder, day old chicken, layer, meat chicken, spent hen commercial flock means 500 or more domestic fowl kept at a place. epidemiological group see section 59E. immediate slaughter , of domestic fowl introduced, means slaughter within 24 hours after leaving the fowl’s place of origin outside the State. Newcastle disease means the notifiable disease Newcastle disease. Newcastle disease document means the document called ‘Newcastle disease vaccination program, Queensland’, held by the department. 3 Newcastle disease immune , for a domestic fowl, means the fowl shows the presence of adequate antibodies for Newcastle disease, as stated in the Newcastle disease document, to give the fowl immunity against Newcastle disease. program application see section 59K(1). 1 Section 59M (Deciding application) 2 Division 6 (Compliance monitoring) 3 A copy of the document may be inspected during business hours at the department’s head office at 80 Ann Street, Brisbane. A copy may also be accessed on the department’s website at < s4 5 s4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 serological monitoring see section 59F. vaccinate means to administer a vaccine in the way recommended by the manufacturer of the vaccine. vaccination certificate , for domestic fowl, means a certificate— (a) issued by an inspector of a department of another State that deals with matters relating to stock in that State; and (b) certifying the fowl has been vaccinated under a program for vaccinating domestic fowl against Newcastle disease, approved by— (i) a chief veterinary officer; or (ii) an authority or official of another State whose functions under the other State’s laws correspond to the functions of the chief inspector. vaccine means a vaccine to protect domestic fowl against Newcastle disease. vaccine related activity means any of the following— (a) purchasing vaccine; (b) possessing vaccine for the purpose of vaccinating domestic fowl; (c) vaccinating domestic fowl. ‘59E Meaning of epidemiological group in a commercial flock ‘(1) An epidemiological group of domestic fowl in a commercial flock is a group of fowl in the flock that is isolated from other fowl in the flock. ‘(2) Domestic fowl are in the same epidemiological group if— (a) the fowl are the same breed, class and age group; and (b) the fowl are vaccinated— (i) on the same day; and (ii) using the same vaccine, including the same batch number for the vaccine; and

s4 6 s4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 (c) biosecurity measures are inadequate to prevent the spread of Newcastle disease from a fowl in the epidemiological group to another fowl in the group. ‘59F Meaning of serological monitoring ‘(1) Serological monitoring of a commercial flock is a way of monitoring the effectiveness of a program for vaccinating the flock against Newcastle disease that includes— (a) taking samples of blood from domestic fowl in each epidemiological group in the flock; and (b) testing the samples for antibodies of Newcastle disease. ‘(2) The samples of blood must be taken— (a) in the approved way; or (b) in another way approved by the chief inspector. ‘(3) The samples of blood must be tested by a laboratory that is— (a) accredited by NATA to conduct the monitoring; and (b) a participant in the ANQAP. ‘(4) In this section— ANQAP means the Australian National Quality Assurance Program. NATA means the National Association of Testing Authorities, Australia. ‘Division 2 Obligations on persons introducing domestic fowl or placing domestic fowl into commercial flocks ‘59G Introducing domestic fowl ‘(1) A person must not introduce a domestic fowl to be placed into a commercial flock unless the fowl— (a) has been vaccinated— (i) in the approved way; or

s4 7 s4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 (ii) in accordance with an approved alternative vaccination program; or (b) is accompanied by a vaccination certificate; or (c) is Newcastle disease immune before introduction. ‘(2) This section does not apply to a domestic fowl introduced for immediate slaughter. ‘59H Domestic fowl introduced from 1 April 2006 for immediate slaughter ‘(1) A person introducing on or after 1 April 2006 a domestic fowl for immediate slaughter must ensure the fowl— (a) has been vaccinated— (i) in the approved way; or (ii) in accordance with an approved alternative vaccination program; or (b) has a vaccination certificate; or (c) is Newcastle disease immune. ‘(2) For subsection (1)(c), the fowl is Newcastle disease immune only if the chief inspector has signed a certificate stating the chief inspector is satisfied it is immune. ‘59I Domestic fowl reared in the State ‘(1) This section applies to a domestic fowl that has been hatched or reared in the State for placing in a commercial flock. ‘(2) A person must not place the fowl into a commercial flock unless— (a) the fowl has been vaccinated— (i) in the approved way; or (ii) in accordance with an approved alternative vaccination program; or (b) the person ensures the fowl is Newcastle disease immune at least 2 weeks before it is placed into the flock.

s4 8 s4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 ‘(3) Subsection (2) does not apply if the chief inspector has signed a certificate stating the chief inspector is satisfied the fowl is Newcastle disease immune. ‘59J Conditions ‘(1) A certificate under this division may be given on conditions. ‘(2) A person given a certificate must comply with the conditions of the certificate. ‘Division 3 Alternative vaccination programs ‘59K Application for approved alternative vaccination program ‘(1) A person who is the owner of a commercial flock may apply to the chief inspector to have the flock vaccinated against Newcastle disease under an approved alternative vaccination program (a program application ). ‘(2) The program application must— (a) be made in the approved form; and (b) state the following— (i) the applicant’s name and address; (ii) the class of domestic fowl to be vaccinated; (iii) the number of doses of vaccine to be administered to the flock; and (c) give details of the alternative vaccination program; and (d) be supported by— (i) evidence from a veterinary surgeon that vaccinating the commercial flock under the alternative vaccination program will make the flock Newcastle disease immune; and (ii) enough other information to enable the chief inspector to decide the application.

s4 9 s4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 ‘59L Serological monitoring ‘The chief inspector may, after a program application is made, require serological monitoring of the commercial flock, the subject of the application, to decide whether the alternative vaccination program will make the flock Newcastle disease immune. ‘59M Deciding application ‘The chief inspector must consider each program application and decide to approve, or refuse to approve, the alternative vaccination program. ‘59N Conditions ‘(1) The chief inspector may, in approving a person’s alternative vaccination program, impose conditions on the program that are relevant and reasonable. ‘(2) The person must comply with the conditions. ‘59O Notice of refusal of program application ‘The chief inspector must, as soon as practicable after making a decision as follows about a program application, give the applicant an information notice about the decision— (a) a decision to refuse the application; (b) a decision to impose conditions on the alternative vaccination program. ‘Division 4 Vaccine and vaccination requirements ‘59P Restriction on carrying out vaccine related activity ‘A person must not carry out a vaccine related activity unless the person has a permit for the activity.

s 4 10 s 4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 ‘59Q Applications to carry out vaccine related activity ‘(1) A person may, in the approved form, apply to the chief inspector for a permit to carry out a vaccine related activity. ‘(2) The chief inspector must consider each application and decide to grant, or refuse to grant, the permit. ‘(3) The chief inspector must, as soon as practicable after making a decision about an application, give the applicant an information notice about the decision. ‘59R Obligation to notify chief inspector of adverse reaction ‘(1) This section applies to a person who vaccinates a domestic fowl if the fowl suffers an adverse reaction to the vaccine. ‘(2) The person must, within 48 hours after becoming aware that the fowl is having, or has had, an adverse reaction to the vaccine, give an inspector written or oral notice of the reaction to the vaccine. Examples of adverse reaction — • pronounced swelling, particularly at the vaccine’s injection site • anaphylaxis • death ‘(3) If the notice is given orally, the person must give the chief inspector written confirmation of the adverse reaction. ‘59S Chief inspector may require serological monitoring ‘(1) The chief inspector may, by written notice, require serological monitoring of a commercial flock in any of the following circumstances— (a) to test the effectiveness of an alternative vaccination program for the flock; (b) if the chief inspector believes on reasonable grounds that there is an outbreak, or suspected outbreak, of Newcastle disease—to test for the presence of Newcastle disease in the flock; (c) to test whether the flock has been vaccinated;

s 4 11 s 4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 (d) to investigate the effectiveness of— (i) a vaccine given to the flock; or (ii) a program of vaccination for the flock; (e) the chief inspector believes on reasonable grounds it is necessary or desirable for the prevention or control of Newcastle disease. ‘(2) The chief inspector must, as soon as practicable after deciding to make the requirement, give the owner of the flock an information notice about the decision. ‘(3) The owner of the flock must, unless the owner has a reasonable excuse— (a) carry out serological monitoring of the flock; and (b) give the chief inspector the results of the tests carried out under the monitoring. ‘Division 5 Record keeping ‘59T Records generally ‘A person who is required to keep records under this division must keep the records in a way that enables an authorised person to do the following— (a) decide whether the person has complied with this part; (b) trace from the records the history of vaccination of domestic fowl; (c) properly and conveniently monitor the records for compliance. ‘59U Supplying vaccine ‘A person who supplies vaccine to another person (the receiver ) must, unless the person has a reasonable excuse, keep the following records for at least 2 years after supplying the vaccine to the receiver— (a) the receiver’s name and contact details;

s 4 12 s 4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 (b) the business name, if any, under which the receiver carries on business; (c) the vaccine’s name, type, batch number and expiry date; (d) the number of doses of vaccine supplied; (e) the day the vaccine is supplied. ‘59V Receiving vaccine ‘A person who receives vaccine from another person (the supplier ) must, unless the person has a reasonable excuse, keep the following records for at least 2 years after receiving the vaccine— (a) the supplier’s name and contact details; (b) the business name, if any, under which the supplier carries on business; (c) the vaccine’s name, type, batch number and expiry date; (d) the number of doses of vaccine received; (e) the day the vaccine is received. ‘59W Vaccinated fowl ‘A person who is the owner of domestic fowl vaccinated under this part must, unless the person has a reasonable excuse, keep each of the following records for the fowl for at least 2 years— (a) a copy of the relevant permit granted under section 59Q(2); (b) the name and contact details of the person who supplied the vaccine; (c) the name and contact details of the person who vaccinated the fowl; (d) the vaccine’s name, type, batch number and expiry date; (e) the total number of doses of vaccine given to the fowl; (f) the address of the place where the fowl was vaccinated and the fowl’s location at the place;

s 4 13 s 4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 Example — A fowl’s location may be given as a row number in a particular shed. (g) the day the fowl was vaccinated; (h) the fowl’s class, breed and age group. ‘59X Disposing of vaccine ‘(1) This section applies to a person who disposes of vaccine, other than by supplying the vaccine to another person. ‘(2) The person must, unless the person has a reasonable excuse, keep the following records for at least 2 years after disposing of the vaccine— (a) the vaccine’s name, type, batch number and expiry date; (b) the day the vaccine is disposed of; (c) the number of doses of vaccine disposed of; (d) the method of disposal. ‘59Y Vaccination certificate ‘(1) This section applies to a person who is the owner of a commercial flock if a domestic fowl is introduced and placed into the flock. ‘(2) If the domestic fowl is accompanied by a vaccination certificate for the fowl, the person must, unless the person has a reasonable excuse, keep a copy of the vaccination certificate for at least 2 years. ‘59Z Serological monitoring ‘(1) This section applies to an owner of a commercial flock if serological monitoring of the flock is carried out. ‘(2) The owner must, unless the owner has a reasonable excuse, keep the following records of the serological monitoring for at least 2 years— (a) the name of the person who carried out the serological monitoring;

s 4 14 s 4 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 (b) the reason for carrying out the serological monitoring; (c) the following information for each epidemiological group of domestic fowl in the commercial flock— (i) the fowl’s class, breed and age group; (ii) the address of the place where the fowl were vaccinated and the fowl’s location at the place; Example — A fowl’s location at a place may be given as a row number in a particular shed. (iii) the number of fowl from which samples of blood were taken; (iv) the day the samples of blood were taken; (v) the results of tests carried out on the samples of blood; (vi) the interpretation of the results mentioned in subparagraph (v); (vii) any action taken as a result of the serological monitoring and when the action was taken. ‘Division 6 Compliance monitoring ‘59ZA Places, activities and records ‘(1) An authorised person may, at any reasonable time, carry out monitoring of places, activities or records to ensure compliance with this part. ‘(2) To remove any doubt, it is declared that subsection (1) does not empower an authorised person to enter a place or carry out the monitoring mentioned in subsection (1) (the activity ) in relation to the place unless—

s 5 15 s 5 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 (a) the owner or occupier of the place consents; or (b) the activity is authorised under the Act. 4 ’. 5 Amendment of sch 8 (Dictionary) (1) Schedule 8, definitions day old chicken and immediate slaughter — omit. (2) Schedule 8— insert— ‘ alternative vaccination program , for part 8A, see section 59D. approved alternative vaccination program , for part 8A, see section 59D. approved way , for part 8A, see section 59D. authorised person , for part 8A, see section 59D. class , for part 8A, see section 59D. commercial flock , for part 8A, see section 59D. domestic fowl means the bird Gallus gallus domesticus . epidemiological group , for part 8A, see section 59E. immediate slaughter — (a) of stock at an approved abattoir, means slaughter within 5 days (other than days on which the abattoir does not operate) after their arrival at the abattoir; or (b) for part 8A, see section 59D. information notice , for a decision of the chief inspector, means a notice stating the following— (a) the decision; (b) the reasons for it; 4 See sections 32 (Testing, treatment and isolation of stock and treatment of vehicles), 33 (Control of residue disease) and 34 (Restricted entry into dwelling house) of the Act.

s 5 16 s 5 Stock Amendment Regulation (No. 1) 2005 No. 51, 2005 (c) that the person to whom the notice is given may appeal to a Magistrates Court against the decision within 30 days after the person receives the notice; (d) how to appeal. 5 Newcastle disease , for part 8A, see section 59D. Newcastle disease document , for part 8A, see section 59D. Newcastle disease immune , for part 8A, see section 59D. program application , for part 8A, see section 59K(1). serological monitoring , for part 8A, see section 59F. vaccinate , for part 8A, see section 59D. vaccination certificate , for part 8A, see section 59D. vaccine , for part 8A, see section 59D. vaccine related activity , for part 8A, see section 59D.’. ENDNOTES 1 Made by the Governor in Council on 31 March 2005. 2 Notified in the gazette on 1 April 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2005 5 See section 36 (Appeals to Magistrates Courts) of the Act.