Stock Amendment Regulation (No. 2) 2004 (Qld)

Queensland Stock Amendment Regulation (No. 2) 2004 Subordinate Legislation 2004 No. 277 made under the StockAct1915 Contents 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 5 (Other animals that are stock) . . . . . . . . . . . . 4 4 Amendment of s 5B (Residue disease—Act, s 4C) . . . . . . . . . . . 4 5 Replacement of pt 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Replacement of pt 2, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Renumbering of pt 2, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Replacement of ss 6–17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 When a person introduces stock or a matter or thing 5 Division 2 Introduction of stock Subdivision 1 General provisions for introducing particular stock 8 Stock to which sdiv 1 applies . . . . . . . . . . . . . . . . . . . 5 9 General introduction requirements . . . . . . . . . . . . . . . 6 10 Requirements for certificate of health. . . . . . . . . . . . . 7 11 Inspector’s powers if general introduction requirements contravened . . . . . . . . . . . . . . . . . . . . . 7 12 Inspector’s powers for stock introduced or proposed to be introduced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Form of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 14 Obligation to keep and produce certificate of health . 10 Subdivision 2 Particular introduction requirements 15 Cattle, pigs and sheep . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Amendment of s 18 (Introduction of cattle—tuberculosis) . . . . . . 11 10 Omission of ss 19–23, 28, 34 and 35. . . . . . . . . . . . . . . . . . . . . . 12 11 Insertion of new s 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Introduction of prescribed species—Johne’s disease 12 12 Insertion of new pt 2, div 2, sdiv 3, hdg . . . . . . . . . . . . . . . . . . . . 12 13 Amendment of s 24 (Approval for alternative test) . . . . . . . . . . . . 13 14 Amendment of s 27 (Contaminated animal pathogens etc.) . . . . 13 15 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 30A Non-application of travel permit and waybill requirements—alternative waybills. . . . . . . . . . . . . . . 13 16 Amendment of s 38 (Infected stock etc. not to travel without approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Amendment of s 41 (Appointment of inspectors—Act, s 4D) . . . . 14 18 Replacement of pt 5, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 Amendment of s 43 (Carrying out the program). . . . . . . . . . . . . . 15 20 Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Bovine and ovine Johne’s disease 43A Eradication program . . . . . . . . . . . . . . . . . . . . . . . . . . 15 43B Carrying out the programs . . . . . . . . . . . . . . . . . . . . . 15 21 Amendment of s 44 (Definition for div 1) . . . . . . . . . . . . . . . . . . . 16 22 Amendment of s 45 (Tuberculosis testing of stock) . . . . . . . . . . . 16 23 Amendment of s 46 (Branding of tested stock) . . . . . . . . . . . . . . 17 24 Amendment of pt 6, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25 Amendment of s 49 (Compensation) . . . . . . . . . . . . . . . . . . . . . . 18 26 Replacement of pt 6, div 3 (Enzootic bovine leucosis) . . . . . . . . . 18 Division 3 Use of exotic disease diagnostic test kits or methods 50 Restrictions on use. . . . . . . . . . . . . . . . . . . . . . . . . . . 18 51 Applying for and obtaining test kit or method approval 18 52 General conditions for use . . . . . . . . . . . . . . . . . . . . . 19 52A Restriction on disclosure of positive test result by person at an approved testing facility . . . . . . . . . . . . . 20 27 Insertion of new pt 8, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 20 28 Amendment of s 56 (Purpose of pt 8) . . . . . . . . . . . . . . . . . . . . . 20 29 Amendment of s 59 (Exemptions for pt 8) . . . . . . . . . . . . . . . . . . 21

3 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 30 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 2 Restrictions relating to THC residue 59A Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 59B Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 31 Replacement of s 63 (Way diseased stock may be destroyed) . . 22 63 Manner prescribed for destruction, removal and disposal—Act, s 15. . . . . . . . . . . . . . . . . . . . . . . . . . . 22 32 Amendment of sch 1 (Prescribed Diseases) . . . . . . . . . . . . . . . . 23 33 Omission of sch 2 (Crossing-places) . . . . . . . . . . . . . . . . . . . . . . 24 34 Amendment of sch 3 (Animal pathogens, biological preparations, articles or things requiring permit for entry) . . . . . . 24 35 Amendment of sch 6 (Notifiable diseases) . . . . . . . . . . . . . . . . . . 24 36 Amendment of sch 8 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 26

s1 4 s6 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 1 Short title This regulation may be cited as the Stock Amendment Regulation (No. 2) 2004 . 2 Regulation amended This regulation amends the Stock Regulation 1988. 3 Amendment of s 5 (Other animals that are stock) Section 5, ‘section 4(1) of the Act’— omit, insert — ‘schedule 2 of the Act’. 4 Amendment of s 5B (Residue disease—Act, s 4C) Section 5B— insert — ‘(e) the presence in the tissues of stock of any THC residue.’. 5 Replacement of pt 2, hdg Part 2, heading— omit, insert — ‘Part 2 Introduction of stock and other matters or things’. 6 Replacement of pt 2, div 1, hdg Part 2, division 1, heading— omit, insert — ‘Division 1 Preliminary’.

s7 5 s8 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 7 Renumbering of pt 2, divs 2 and 3 Part 2, divisions 2 and 3— renumber as part 2, divisions 3 and 4. 8 Replacement of ss 6–17 Sections 6 to 17— omit, insert — ‘6 Purpose of pt 2 ‘The purpose of this part is to make provisions under section 11 1 of the Act relating to the introduction of stock and other matters or things, for the prevention, control or eradication of disease in stock. ‘7 When a person introduces stock or a matter or thing ‘A person introduces stock or a matter or thing if the person brings the stock, matter or thing into the State from another State. ‘Division 2 Introduction of stock ‘Subdivision 1 General provisions for introducing particular stock ‘8 Stock to which sdiv 1 applies ‘This subdivision applies only in relation to alpacas, buffalo, cattle, deer, goats, guanacos, llamas, sheep and vicunas. 1 Section 11 (Disease controls over introduction of stock and other matters and things) of the Act For the penalty for a contravention of this part, see section 11(3) of the Act.

s8 6 s8 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 ‘9 General introduction requirements ‘(1) This section applies to a person who introduces or proposes to introduce stock, unless the stock are conveyed, or are to be conveyed, directly to an approved abattoir, for immediate slaughter. ‘(2) The person must not introduce the stock, unless— (a) a certificate of health that complies with section 10 has been issued for them; and (b) the chief inspector is given a copy within 5 days after it is issued. ‘(3) If the person introduces stock under subsection (2)(a)— (a) the person must, unless the person has a reasonable excuse, do the following from when the person introduces the stock until the stock reach the final destination for which they were introduced— (i) have the certificate of health or a copy available for immediate inspection by an inspector; (ii) produce it to an inspector if the inspector asks the person to produce it for inspection; and (b) if, subsequent to their introduction, the person delivers the stock to someone else (a consignee ), the person must, when the person delivers the stock to the consignee, give the consignee the certificate of health. 2 ‘(4) It is not a reasonable excuse for subsection (3)(a) if the certificate or copy has been destroyed, lost or mislaid. ‘(5) However, it is a reasonable excuse if the person obtains a copy of the certificate, or a replacement of it, as quickly as reasonably possible and, if asked under subsection (3)(a)(ii), produces the copy or replacement. ‘(6) This section is in addition to and does not limit a provision of any of the following that applies to the introduction or proposed introduction— (a) subdivision 2; 2 See also section 14 (Obligation to keep and produce certificate of health).

s8 7 s8 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 (b) section 19; 3 (c) the Stock (Cattle Tick) Notice 1993 . ‘10 Requirements for certificate of health ‘(1) A certificate of health for stock to be introduced must— (a) be in the approved form; and (b) state that the stock comply with the requirements under the Act for the introduction; and 4 (c) be signed by a chief veterinary officer. ‘(2) The certificate must be issued within 14 days before the introduction. ‘11 Inspector’s powers if general introduction requirements contravened ‘(1) This section applies if a person (the introducing person ) has contravened section 9 for stock introduced or being introduced. ‘(2) If no certificate of health that complies with section 10 has been issued for the stock, an inspector may give the introducing person an order about the stock that is appropriate to prevent the introduction of any disease. Examples — 1 an order directing the person not to introduce, or continue to introduce, the stock 2 an order to return the stock to the State from which the stock were introduced ‘(3) If— (a) a certificate of health that complies with section 10 was issued for the stock; and 3 Subdivision 2 (Particular introduction requirements) Section 19 (Introduction of prescribed species—Johne’s disease) 4 See section 11 (Disease controls over introduction of stock and other matters and things) of the Act.

s8 8 s8 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 (b) the certificate has not been given to a consignee for the stock or the chief inspector has not received a copy within 5 days after it was issued; an inspector may order a person mentioned in subsection (4) to, unless the person has a reasonable excuse, give the chief inspector the certificate or a copy within 7 days. ‘(4) For subsection (3), the person is— (a) for a contravention of section 9(2)—the introducing person; or (b) for a contravention of section 9(3)— (i) the introducing person; or (ii) the person who owned the stock immediately before the stock were introduced. ‘(5) The inspector may keep a certificate or copy given under subsection (3) to copy it. ‘(6) However, the inspector must return the certificate or copy as soon as practicable after copying it. ‘12 Inspector’s powers for stock introduced or proposed to be introduced ‘(1) This section applies if— (a) an inspector has been given the original or a copy of a certificate about the health of stock introduced or proposed to be introduced, whether or not the certificate complies with section 10; 5 or (b) an inspector reasonably suspects that stock introduced or proposed to be introduced are infected; or (c) section 9 6 applies to stock introduced or proposed to be introduced and the person who introduces or proposes to introduce them has not complied with section 9(2). 5 Section 10 (Requirements for certificate of health) 6 Section 9 (General introduction requirements)

s8 9 s8 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 ‘(2) Any inspector may examine the stock to investigate whether the stock are infected or to decide whether the stock comply with the requirements under the Act for introduction— (a) when the stock are introduced; or (b) at any time after their introduction. ‘(3) If the inspector examining the stock reasonably suspects the stock are infected or that the requirements have not been complied with, the inspector may— (a) if the stock have not yet been introduced, give the drover of the stock an order— (i) not to introduce them; or (ii) not to introduce them unless stated conditions to minimise the risk of spread of disease have been complied with; or (b) if the stock have been, or are being, introduced, give the drover or owner of the stock an order to do any of the following— (i) hold or quarantine them; (ii) identify, test or treat them in a stated way; (iii) return them to the State from which the stock were or are being introduced. ‘13 Form of order ‘(1) An order under section 11 or 12(3) must be in the approved form. ‘(2 ) Despite subsection (1), the order may be given orally if— (a) the inspector giving the order reasonably suspects it needs to be given urgently to prevent or control disease; or (b) for any reason it is not practicable to immediately give the order in writing. ‘(3) If the order is given orally, the inspector giving the order must confirm the order by also giving it in the approved form as soon as practicable after giving it orally.

s 8 10 s 8 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 ‘14 Obligation to keep and produce certificate of health ‘(1) This section applies to— (a) a person who, under section 9(2)(a), 7 introduces stock; and (b) a consignee of stock to whom a person has, under section 9(3)(b), given a certificate of health. ‘(2) The person or consignee must keep the certificate for 2 years after the person or consignee received the certificate, unless the person or consignee has a reasonable excuse. ‘(3) If an inspector asks the person or consignee for the certificate during the 2 years, the person or consignee must give it to the inspector, unless the person or consignee has a reasonable excuse. ‘(4) The inspector may keep the certificate to copy it. ‘(5) However, the inspector must return the certificate as soon as practicable after copying it. ‘Subdivision 2 Particular i ntroduction requirements ‘15 Cattle, pigs and sheep ‘(1) A person must not introduce cattle, unless they are— (a) identified by way of an ear tag, tail tag or another identification device or method (other than a brand or earmark) approved under a law of the State from which they are to be introduced; or (b) store cattle to be introduced directly to a property stated on a waybill, for stocking purposes; or (c) stud cattle registered with an approved breed society, to be introduced only for— (i) sale at a stud sale conducted by an approved breed society; or 7 Section 9 (General introduction requirements)

s 9 11 s 9 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 (ii) exhibition at a show conducted by a show society affiliated with the Queensland Chamber of Agricultural Societies Incorporated or an approved breed society. ‘(2) If— (a) pigs or sheep outside the State are proposed to be introduced; and (b) they are subject to an interstate identification requirement; a person must not introduce them, unless the requirement has been complied with. ‘(3) In this section— interstate identification requirement , for pigs or sheep proposed to be introduced, means any law of the State from which they are proposed to be introduced that requires them to be branded or otherwise identified. store cattle means cattle, other than stud or slaughter cattle, that are, or are proposed to be, moved for breeding or fattening.’. 9 Amendment of s 18 (Introduction of cattle—tuberculosis) (1) Section 18(6)(a), ‘at the Camooweal Crossing Place’— omit, insert— ‘via Camooweal’. (2) Section 18(6)(b), ‘from the Camooweal Crossing Place’— omit, insert— ‘through Camooweal’. (3) Section 18(18)(a) to (c)— omit, insert — ‘(a) constructed and operated under a development approval under the IntegratedPlanningAct1997 , for the environmentally relevant activity under the Environmental Protection Act 1994 of cattle feedlotting; and

s 10 12 s 12 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 (b) adequately fenced; and (c) otherwise safe, having regard to the prevention of the spread of tuberculosis.’. 10 Omission of ss 19–23, 28, 34 and 35 Sections 19 to 23, 28, 34 and 35— omit . 11 Insertion of new s 19 After section 18— insert — ‘19 Introduction of prescribed species—Johne’s disease ‘(1) A person must not introduce stock of a prescribed species, unless— (a) the chief inspector has approved the introduction; or (b) the introduction is in accordance with the document called ‘Summary of Stock Entry Requirements for Queensland’, published by the department. 8 ‘(2) The chief inspector may grant the approval only if satisfied the introduction does not pose a risk of bovine or ovine Johne’s disease being introduced or spread in the State. ‘(3) In this section— prescribed species means— (a) for bovine Johne’s disease—alpacas, buffalo, cattle, deer, goats, guanacos, llamas and vicunas; or (b) for ovine Johne’s disease—goats and sheep.’. 12 Insertion of new pt 2, div 2, sdiv 3, hdg Before section 24— 8 A copy of the document may be obtained, free of charge, from the office of the chief inspector at 80 Ann Street, Brisbane.

s 13 13 s 15 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 insert — ‘Subdivision 3 Miscellaneous provision’. 13 Amendment of s 24 (Approval for alternative test) (1) Section 24, from ‘upon’ to ‘owner of stock’— omit. (2) Section 24, ‘the stock’— omit, insert— ‘stock’. 14 Amendment of s 27 (Contaminated animal pathogens etc.) Section 27(2), ‘section 37’— omit, insert — ‘section 15 9 ’. 15 Insertion of new s 30A After section 30— insert — ‘30A Non-application of travel permit and waybill requirements—alternative waybills ‘(1) For section 23 10 of the Act, the requirements in sections 22 to 22I of the Act for an approved waybill do not apply to a drover or other person mentioned in sections 22 to 22I of the Act for stock mentioned in section 30(a) to (k) if— (a) an alternative waybill has been completed for the stock; and (b) the requirements of sections 22 to 22I of the Act have otherwise been complied with for the stock. 9 Section 15 (Stock may be destroyed in certain cases) of the Act 10 Section 23 (Regulation may provide for the non-application of travel permit and waybill requirements) of the Act

s 16 14 s 18 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 ‘(2) In this section— alternative waybill means a national vendor declaration waybill or other waybill or other document (however called) completed under a law of another State that complies with, or substantially complies with, the requirements of the approved form for an approved waybill.’. 16 Amendment of s 38 (Infected stock etc. not to travel without approval) (1) Section 38(2)(b), ‘, other than an acting or honorary inspector’— omit . (2) Section 38(2)(c)— omit, insert — ‘(c) an authorised officer under the Food Production (Safety)Act 2000 ; or’. 17 Amendment of s 41 (Appointment of inspectors—Act, s 4D) Section 41(1)(b)— omit, insert — ‘(b) an authorised rescue officer under the DisasterManagement Act 2003 ;’. 18 Replacement of pt 5, hdg Part 5, heading— omit, insert — ‘PART 5 Disease eradication programs ‘Division 1 Tuberculosis’.

s 19 15 s 20 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 19 Amendment of s 43 (Carrying out the program) Section 43(2)— omit, insert— ‘(2) To remove any doubt, it is declared that a reference in the standard definitions to the chief veterinary officer or CVO includes a reference to— (a) the State’s chief veterinary officer or CVO; or (b) the chief inspector.’. 20 Insertion of new pt 5, div 2 After section 43— insert — ‘Division 2 Bovine and ovine Johne’s disease ‘43A Eradication program ‘Disease eradication programs are established for the State for— (a) bovine Johne’s disease; and (b) ovine Johne’s disease. ‘43B Carrying out the programs ‘(1) This section provides for the carrying out of the disease eradication programs established under section 43A. ‘(2) The programs must be carried out under the following— (a) for bovine Johne’s disease—the standard definitions and rules; (b) for ovine Johne’s disease—the document called ‘National Approach to the Management of Ovine Johne’s Disease’ prepared by the Primary Industries

s 21 16 s 22 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 Standing Committee, through the Animal Health Committee. 11 ‘(3) To remove any doubt, it is declared that a reference in the standard definitions and rules or the document mentioned in subsection (2)(b) to the chief veterinary officer or CVO includes a reference to— (a) the State’s chief veterinary officer or CVO; or (b) the chief inspector. ‘(4) The chief inspector must take reasonable steps to investigate each suspected infection of bovine or ovine Johne’s disease. ‘(5) An inspector may, if satisfied the relevant stock are suspected, exercise the inspector’s powers under section 14 12 of the Act in relation to the stock.’. 21 Amendment of s 44 (Definition for div 1) (1) Section 44, definition authorised testing person , paragraph (a), from ‘appointed’ to ‘Act’— omit . (2) Section 44, definition authorised testing person , paragraphs (a) to (c), ‘;’— omit, insert — ‘; or’. (3) Section 44, definition authorised testing person , paragraph (c), from ‘other than’ to ‘Act’— omit . 22 Amendment of s 45 (Tuberculosis testing of stock) Section 45(2)(b)(ii), ‘form’— 11 A copy of the document may be inspected during office hours on business days at the department’s head office at 80 Ann Street, Brisbane. The document is also available on the following internet site: < 12 Section 14 (Quarantine) of the Act

s 23 17 s 24 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 omit, insert — ‘from’. 23 Amendment of s 46 (Branding of tested stock) (1) Section 46, heading, ‘ Branding ’— omit, insert — ‘ Identification ’. (2) Section 46(1)(c) and (2)(c)— omit, insert — ‘(c) indicate the disease status of the stock by— (i) inserting an ear tag in the ear; or (ii) attaching a tail tag to the tail; or (iii) attaching to, or inserting in, the stock a breeder tag or post breeder tag; or’. (3) Section 46— insert — ‘(3) In this section— breeder tag means a tag approved under the StockIdentificationRegulation1985, section 8A(1)(b)(i) 13 as a breeder tag. post breeder tag means a tag approved under the StockIdentification Regulation 1985, section 8A(1)(b)(ii) as a post breeder tag.’. 24 Amendment of pt 6, div 2, hdg Part 6, division 2, heading, ‘ under section 28 ’— omit . 13 Stock Identification Regulation 1985, section 8A (Use of breeder and post breeder tags)

s 25 18 s 26 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 25 Amendment of s 49 (Compensation) Section 49(3) from ‘but’ to ‘(RD);’— omit . 26 Replacement of pt 6, div 3 (Enzootic bovine leucosis) Part 6, division 3— omit, insert — ‘Division 3 Use of exotic disease diagnostic test kits or methods ‘50 Restrictions on use ‘A person must not use an exotic disease diagnostic test kit or method, unless— (a) the test kit or method and its use by the person have been approved (a test kit or method approval ); and (b) any conditions of the approval are complied with. ‘51 Applying for and obtaining test kit or method approval ‘(1) A person may, in the approved form, apply to the chief inspector for a test kit or method approval. ‘(2) The chief inspector must decide whether to grant or refuse the approval. ‘(3) The chief inspector may impose conditions on the approval not inconsistent with the conditions under section 52. ‘(4) If the chief inspector decides not to grant the approval, the chief inspector must give the applicant a written notice stating— (a) the decision, and the reasons for it; and

s 26 19 s 26 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 (b) that the applicant may, within 30 days of receiving the notice, appeal to a Magistrates Court against the decision; and (c) how to appeal. 14 ’. ‘52 General conditions for use ‘(1) This section applies to a person using an exotic disease diagnostic test kit or method under a test kit or method approval. ‘(2) If the use results in— (a) a positive test; or (b) a negative test specifically applied to exclude an agent not normally diagnosed in the State; the person must give the chief inspector notice of the result (a result notice ). ‘(3) A result notice must be given in the approved way and within the approved period. ‘(4) If there is no approved way, a result notice must be written. ‘(5) If there is no approved period, a result notice must be given within 24 hours after the person becomes aware of the result. ‘(6) If the person gives a result notice and the chief inspector asks or requires as a condition of use, the person must give an approved testing facility a duplicate sample of the thing tested within the reasonable period stated by the chief inspector. ‘(7) If the use resulted in a positive test the person must not disclose the result to anyone else, unless the disclosure is— (a) by a result notice; or (b) to a person performing functions under the Act or the Exotic Diseases in Animals Act 1981 ; or (c) expressly permitted or required under this or another Act. 14 See section 36 (Appeals to Magistrates Courts) of the Act.

s 27 20 s 28 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 ‘52A Restriction on disclosure of positive test result by person at an approved testing facility ‘(1) This section applies if— (a) a person tests a duplicate sample mentioned in section 52(6) at an approved testing facility; and (b) the test results in a positive test. ‘(2) The person must not disclose the result to anyone else, unless the disclosure is— (a) to— (i) the chief inspector; or (ii) another person carrying out functions associated with the testing, at the facility; or (iii) a person performing functions under the Act or the Exotic Diseases in Animals Act 1981 ; or (b) expressly permitted or required under the Act or another Act.’. 27 Insertion of new pt 8, div 1, hdg Part 8— insert — ‘Division 1 Restrictions relating to the consumption of animal matter by stock’. 28 Amendment of s 56 (Purpose of pt 8) (1) Section 56, heading, ‘ pt 8 ’— omit, insert — ‘ div 1 ’. (2) Section 56(1), ‘part’— omit, insert — ‘division’.

s 29 21 s 30 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 29 Amendment of s 59 (Exemptions for pt 8) (1) Section 59(2)(a)(ii), after ‘Australian origin’— insert — ‘or milk lawfully imported into Australia’. (2) Section 59(2)(a)(iii), after ‘Australian origin’— insert — ‘or a milk product lawfully imported into Australia’. 30 Insertion of new pt 8, div 2 Part 8, after section 59— insert — ‘Division 2 Restrictions relating to THC residue ‘59A Purpose of div 2 ‘The purpose of this division is to prevent and control the residue disease consisting of the presence in the tissues of stock of any THC residue, caused by their consumption of particular plant matter. ‘59B Restrictions ‘(1) A person must not feed cannabis to stock or allow stock access to feed on cannabis, unless the cannabis is— (a) processed cannabis; or (b) oil extracted from processed cannabis; or (c) meal ground from processed cannabis. ‘(2) In this section— cannabis means— (a) the plant Cannabis sativa , whether living or dead; or (b) any part of the plant, whether living or dead.

s 31 22 s 31 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 industrial cannabis plant means a cannabis plant with a THC concentration in its leaves and flowering heads of no more than 1%. processed cannabis means— (a) industrial cannabis plants that have been harvested or chemically or mechanically treated or artificially treated in another way and have no leaf, flowers or seed; or (b) seeds from industrial cannabis plants grown by a holder of a grower licence under the Drugs Misuse Act 1986, part 5B and denatured— (i) on the place stated in the licence; or (ii) by a person authorised, under a regulation made under section 48 15 of that Act, to denature the seed at another place.’. 31 Replacement of s 63 (Way diseased stock may be destroyed) Section 63— omit, insert — ‘63 Manner prescribed for destruction, removal and disposal—Act, s 15 ‘For section 15(1A) to (1D) 16 of the Act, the manner prescribed is— (a) any manner consistent with the document called the ‘Australian Veterinary Emergency Plan (AUSVETPLAN)’, approved by the Agriculture and Resource Management Council of Australia and New 15 Drugs Misuse Act 1986 , part 5B (Commercial production of industrial cannabis) and section 48 (Authorisations for persons other than licensees) 16 Section 15 (Stock may be destroyed in certain cases) of the Act

s 32 23 s 32 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 Zealand (now called the Primary Industries Ministerial Committee); 17 or (b) any other approved manner.’. 32 Amendment of sch 1 (Prescribed Diseases) (1) Schedule 1, entries for ‘Australian lyssavirus (including bat lyssavirus)’, ‘avian influenza virus’, ‘Braula fly’, ‘cattle tick ( Boophilus microplus )’, ‘duck virus enteritis’, ‘encephalitides (tick bourne)’, ‘equine babesiosis’, ‘equine rhinopneumonitis’, ‘Getah virus’, ‘Hendra virus (formerly named equine morbillivirus)’, ‘infectious equine anaemia’, ‘Menangle virus (porcine paramyxovirus)’, ‘Newcastle disease virus’, ‘Nipah virus’, ‘potomac fever’, ‘pullorum disease’, ‘pulmonary adenomatosis’, ‘screw worm fly’, ‘trichinosis’ and ‘tropilaelaps mite’— omit . (2) Schedule 1— insert — ‘Australian lyssavirus (including bat lyssavirus) infection avian influenza babesiosis Braula fly infestation cattle tick ( Boophilus microplus ) infestation contagious agalactia contagious caprine pleuropneumonia encephalitides (tick borne) duck virus enteritis (duck plague) equine herpes virus infection equine infectious anaemia 17 The document is available for inspection during office hours on business days at the department’s head office at 80 Ann Street, Brisbane. The document is also available on the following internet site: < s 33 24 s 35 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 Getah virus infection Hendra virus (formerly named equine morbillivirus) infection Menangle virus (porcine paramyxovirus) infection Newcastle disease Nipah virus infection porcine cysticercosis ( Cysticercus cellulosae ) porcine myocarditis post-weaning multisystemic wasting syndrome Potomac fever pullorum disease ( Salmonella pullorum ) pulmonary adenomatosis (Jaagsiekte) screw worm fly infestation tropilaelaps mite infestation’. 33 Omission of sch 2 (Crossing-places) Schedule 2— omit . 34 Amendment of sch 3 (Animal pathogens, biological preparations, articles or things requiring permit for entry) Schedule 3, after ‘test kit’— insert — ‘or method’. 35 Amendment of sch 6 (Notifiable diseases) (1) Schedule 6, entries for ‘Australian lyssavirus (including bat lyssavirus’, ‘avian influenza virus’, ‘Braula fly’, ‘encephalitides (tick bourne)’, ‘equine rhinopneumonitis (abortion form)’, ‘Getah virus disease’, ‘Menangle virus (porcine paramyxovirus)’, ‘Newcastle disease virus’, ‘Nipah virus’, ‘pulmonary adenomatosis’, ‘screw worm fly’, ‘trichinosis’ and ‘tropilaelaps mite’—

25 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 omit . (2) Schedule 6— insert— ‘Australian lyssavirus (including bat lyssavirus) infection avian influenza bovine anaplasmosis, other than in a cattle tick infected area bovine babesiosis, other than in a cattle tick infected area Braula fly infestation Chagas disease contagious agalactia contagious caprine pleuropneumonia duck virus enteritis (duck plague) duck virus hepatitis encephalitides (tick borne) enzootic bovine leucosis equine herpes virus infection associated with abortion or neurological signs equine viral arteritis Getah virus infection goat pox infectious laryngotracheitis louping ill malignant catarrhal fever Menangle virus (porcine paramyxovirus) infection Newcastle disease Nipah virus infection porcine cysticercosis ( Cysticercus cellulosae ) porcine myocarditis post-weaning multisystemic wasting syndrome

s 36 26 s 36 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 psitticosis (ornithosis) pullorum disease ( Salmonella pullorum ) pulmonary adenomatosis (Jaagsiekte) salmonellosis ( Salmonella abortus equi ) salmonellosis ( Salmonella abortusovis ) salmonellosis ( Salmonella dublin ) salmonellosis ( Salmonella enteritidis ) screw worm fly infestation sheep pox tropilaelaps mite infestation trypanosomiasis tularaemia warble fly infestation’. (3) Schedule 6, ‘cattle tick ( Boophilus microplus )’— omit, insert — ‘cattle tick ( Boophilus microplus ) infestation’. 36 Amendment of sch 8 (Dictionary) (1) Schedule 8, definitions, approved abattoir , exotic disease diagnostic test kit, immediate slaughter , introduce , standard definitions and rules and treatment — omit . (2) Schedule 8— insert — ‘ approved abattoir means an abattoir accredited under the Food Production (Safety) Act 2000. bovine Johne’s disease means the cattle strain of Mycobacterium paratuberculosis . cattle tick infected area means an infected area under the Stock (Cattle Tick) Notice 1993 . consignee , for introduced stock, see section 9(3)(b).

s 36 27 s 36 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 directly , for the conveyance of stock, means without unloading them on the way to their destination. exotic disease diagnostic test kit or method means a kit or device or test method that contains or involves biological preparations or synthetic material used in a laboratory or elsewhere to— (a) diagnose, identify, or detect the presence or absence of an exotic animal disease, its causative agent or an exotic strain of a causative agent of an endemic disease; or (b) decide whether antibodies, proteins, hormones or enzymes associated with the disease or agent are present or absent. immediate slaughter , 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. introduce , for stock or a matter or thing, see section 7. ovine Johne’s disease means the sheep strain of Mycobacterium paratuberculosis . reasonably suspects means to suspect on grounds that are reasonable in all the circumstances. standard definitions and rules means— (a) for bovine Johne’s disease—the document called ‘National Johne’s Disease Program Standard Definitions and Rules For Cattle’, approved by the Standing Committee on Agriculture and Resource Management (now called the Primary Industries Standing Committee) (the committee ); or (b) for tuberculosis—the document called ‘TFAP 2 Standard Definitions and Rules’, approved by the committee. 18 State includes territory. THC means tetrahydrocannabinol. 18 A copy of the documents may be inspected during office hours on business days at the department’s head office at 80 Ann Street, Brisbane. The documents are also available on the following internet site: < s 36 28 s 36 Stock Amendment Regulation (No. 2) 2004 No. 277, 2004 test kit or method approval see section 50(a). treatment , of stock, for schedule 7, means doing any of the following to the stock and all other stock with which the stock were consigned, to the satisfaction of an inspector or approved person— (a) dipping spraying or other treatment with an approved chemical; (b) an approved non-chemical treatment.’. (3) Schedule 8, definition chief veterinary officer , ‘or Territory of the Commonwealth’— omit . ENDNOTES 1 Made by the Governor in Council on 9 December 2004. 2 Notified in the gazette on 10 December 2004. 3 Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2004