Stock (Brands and Movement) Amendment Act 1994 (WA)

WESTERN AUSTRALIA

STOCK (BRANDS AND

MOVEMENT) AMENDMENT

ACT 1994

No. 46 of 1994

AN ACT to amend the Stock (Brands and Movement)

Act 1970 and for related purposes.

[Assented to 27 September 1994.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Stock (Brands and Movement)

Amendment Act 1994.

No. 46] Stock (Brands and Movement) Amendment

Act 1994

Commencement

2. This Act comes into operation on such day as is fixed by

proclamation.

Principal Act

3. In this Act the Stock (Brands and Movement) Act 1970* is

referred to as the principal Act.

[* Reprinted as at 16 July 1986.

For subsequent amendments see 1993 Index to

Legislation of Western Australia, Table 1, p. 202.]

Section 1 amended

4. Section 1 of the principal Act is amended by deleting

"(Brands and Movement)" and substituting the following —

(Identification and Movement)

Section 5 amended

5. Section 5 of the principal Act is amended —

(a) by inserting before the definition of "brand" the following definition —

"alpaca" means any male or female

alpaca;

Stock (Brands and Movement) Amendment [No. 46

Act 1994

(b)	by inserting after the definition of "Breed Society" the following definitions —

"buffalo" means any buffalo bull, cow, ox,

heifer, steer or calf;

"camelid" means any alpaca, llama or

vicuna;

1);

(c)	by inserting after the definition of "cullmark" the following definition —

"deer" means any stag, buck, hind, doe,

spiker, fawn or rig;

(d)

in the definition of "Director" by deleting "Director of Agriculture" and substituting the following —

.C4

77;

Director General of Agriculture

(e)

by inserting after the definition of "legible" the following definition —

2)•

"llama" means any male or female llama;

(f)	by deleting the definition of "stock" and substituting the following definition —

"stock" means any horse, cattle, sheep, swine, goat, buffalo, deer or camelid, or any animal prescribed to be stock under section 62 (1a);

and

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(g) by inserting after the definition of "the repealed Act"

the following definition —

"vicuna" means any male or female

vicuna;

Section 6A inserted

6. After section 6 of the principal Act the following section is

inserted —

Application

6A. If a provision of this Act refers to a proprietor of

stock, and the stock referred to are expressed in the plural, the provision is to be taken as also applying to a proprietor of only one of those stock.

Section 7 repealed and a section substituted

7. Section 7 of the principal Act is repealed and the following

section is substituted —

One brand and one earmark to be allotted for each run

7. (1) Subject to subsection (2), but despite any other provision of this Act, a proprietor of stock on a run shall be allotted only one registered brand or one registered earmark, or one registered brand and one registered earmark, as the case requires, for the stock on that run.

Stock (Brands and Movement) Amendment [No. 46

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(2)

A proprietor of swine on a run shall be allotted a registered brand for swine whether or not the proprietor has been allotted a registered brand in respect of other stock on that run.

(3)

If a proprietor of stock owns stock on 2 or more runs, the proprietor may be allotted a registered brand or a registered earmark, or a registered brand and a registered earmark, as each case requires, in respect of each of those rims.

Section 8 amended

8. Section 8 of the principal Act is amended (a) in subsection (2a) —

(i) by inserting after "goats", in the first place where it occurs, the following —

or camelids

"; and

(ii) by deleting "his goats" and substituting the following —

those goats, or camelids, that have been branded with the proprietor's registered brand

and

(b) by repealing subsection (3) and substituting the following subsections —

(3) In connection with the control of stock diseases or the conduct of research programmes, the Registrar may

(a) register brands and earmarks to

be used by prescribed persons,

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whether or not the proprietors of stock, in prescribed circumstances; or

(b) by notice in the Gazette, exempt specified stock, or the stock of a specified proprietor, from the branding and earmarking requirements of this Act --

(i) for a specified period; or

(ii) until the exemption is revoked by another notice in the Gazette.

(4) Nothing in this section requires the proprietor of cattle, buffalo or deer to use both the proprietor's registered brand and registered earmark on the cattle, buffalo or deer.

Section 9 amended

9. Section 9 (3) of the principal Act is amended —

(a)	in paragraph (a) by deleting "face or"; and
(b)	in paragraph (b) by deleting "a part of the body of the sheep that is not covered by wool" and substituting the following —

the prescribed part of the body of the sheep

Stock (Brands and Movement) Amendment [No. 46

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Section 10 amended

10. Section 10 (2) of the principal Act is amended by deleting

"has been approved by the Australian Wool Board" and

substituting the following —

complies with Australian Standard AS4054-1992

Section 13 amended

11. Section 13 of the principal Act is amended —

(a) in subsection (1) —

(i) by deleting "on any run" and substituting the following —

or buffalo, on any run,

"; and

(ii) by inserting after "cattle", in the second place where it occurs, the following —

;1.

or buffalo

(b) in subsection (2), by inserting after "cattle", in each place where it occurs, the following —

or buffalo

"; and

(3) Subject to subsection (5), a registered brand for cattle or buffalo shall be applied as a firebrand or a freezebrand or in such other form as the Registrar approves.

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(4)	A registered earmark for cattle or

buffalo shall be applied to such ear as the

Registrar approves.

(5)	A registered brand shall not be

applied as a firebrand on the horn of cattle.

Section 15 amended

12. Section 15 of the principal Act is amended —

(a)	by repealing subsections (3) and (4); and
(b)	in subsection (5) by deleting "Notwithstanding subsection (3), on and after the appointed day fixed under section 21 (2a), a registered brand" and substituting the following —

Every brand registered under this Act

Section 15A amended

13. Section 15A of the principal Act is amended by inserting

after subsection (3) the following subsection —

(4) A registered earmark for goats shall consist of a symbol or symbols, as allotted by the Registrar, and shall be applied

(a)	to the left ear of any female goat; and
(b)	to the right ear of any male goat,

and any other earmark required or permitted by this

Act to be applied to goats shall be applied —

(c)	to the right ear of any female goat; and
(d)	to the left ear of any male goat.

Stock (Brands and Movement) Amendment [No. 46

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Sections 15B and 15C inserted

14. After section 15A of the principal Act the following sections

are inserted —

Brands and earmarks for deer

15B. (1) Every proprietor of deer on any run shall

apply for and obtain a registered brand, or a registered earmark, for deer or both such a brand and earmark.

(2)

A registered brand for deer shall consist of an arrangement of 2 letters and a numeral, as allotted by the Registrar, and shall be applied as a firebrand, a freezebrand, a tattoo to an ear or in such other form as the Registrar approves.

A registered earmark for deer shall consist of

a symbol or symbols, as allotted by the Registrar, and

shall be applied —

(3)

(a)	if the deer has a registered brand applied as a tattoo to an ear, to the other ear; or
(b)	to such ear as the Registrar approves.

Brands and earmarks for camelids

15C. (1) Every proprietor of camelids on any

ran —

(a)	shall apply for and obtain a registered brand for camelids; and
(b)	may, in addition, apply for and obtain a registered earmark for camelids.

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(2) A registered brand for camelids shall consist of an arrangement of 2 letters and a numeral, as allotted by the Registrar, and shall be —

(a)	applied in the prescribed manner as a tattoo to an ear of the camelid; or
(b)	impressed on an eartag that is of such colour or colours, type and shape as the Registrar approves.

(3) A registered earmark for camelids shall consist of a symbol or symbols, as allotted by the Registrar, and shall be applied —

(a)	to the left ear of any female camelid; and
(b)	to the right ear of any male camelid,

and any other earmark required or permitted by this

Act to be applied to camelids shall be applied —

(c)	to the right ear of any female camelid; and
(d)	to the left ear of any male camelid.

Section 16 amended

15. Section 16 of the principal Act is amended —

(a) by deleting "goats, sheep or cattle" in the first place where it occurs and substituting the following —

goats, sheep, cattle, buffalo, deer or

camelids

Stock (Brands and Movement) Amendment [No. 46

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(b) by deleting "the goats, sheep or cattle" and substituting the following —

them

(i) by deleting "sheep or cattle" in the first place where it occurs and substituting the following —

sheep, cattle, buffalo or deer

"; and

(ii) by deleting "the sheep or cattle" in both places where it occurs and substituting, in each case, the following —

them

(d) in paragraph (b) —

(i) by deleting "goats or sheep" and substituting the following —

goats, sheep or camelids

"; and

(ii) by deleting "goat or sheep" and substituting the following —

animal

and

(e) in paragraph (c) —

(i) by deleting "cattle" in the first place where it occurs and substituting the following —

cattle or buffalo

"; and

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(ii) by deleting "that ear of cattle" and substituting

the following —

the ear

Section 17 amended

16. Section 17 of the principal Act is amended

(a)	in subsection (1) by deleting "horse brand and every cattle brand on an animal" and substituting the following —

registered brand on cattle, buffalo, horses

or deer

(b)

in subsection (2) by deleting "cattle" and substituting the following —

));

cattle, buffalo or deer

(c)	in subsection (3) by deleting "goat or sheep" and substituting the following —

goat, sheep or camelid

"; and

(d)	in subsection (4) by deleting "sheep or cattle" and substituting the following —

sheep, cattle, buffalo, deer or camelids

Section 18 amended

17. Section 18 (1) (e) of the principal Act is amended —

(a) by inserting before "remove" the following —

subject to section 36 (2),

"; and

Stock (Brands and Movement) Amendment [No. 46

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(b) by deleting "sheep or goat" and substituting the

following —

goat, sheep or catnelid

Section 19 amended

18. Section 19 of the principal Act is amended by deleting

"cattle and sheep" and substituting the following —

sheep, cattle, buffalo, deer and camelids

Section 20 amended

19. Section 20 (4) of the principal Act is repealed and the

following subsection is substituted —

(4) If a person applies to the Registrar in the form approved by the Registrar, the Registrar shall provide to that person —

(a)	any information in the register concerning any registered brand; or
(b)	on payment of the fee prescribed for the type of copy or extract required, a copy of, or an extract from, the register.

Section 21 amended

20. Section 21 of the principal Act is amended by repealing

subsections (2a), (2b), (2c), (2d) and (2e).

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Section 23 amended

21. Section 23 (2) of the principal Act is repealed and the

following subsection is substituted —

(2) If an application is made to the Registrar in the form approved by the Registrar

(a)	by the person in whose name the original certificate was issued; and
(b)	accompanied by the prescribed fee,

the Registrar shall issue to the person a duplicate

certificate.

Section 24 inserted

22. After section 23 of the principal Act the following section is

inserted —

Expiry of registration of ownership of brands

24. The registration of the ownership of a brand

under section 21, or the re-registration of the ownership of a brand under section 28 (2), expires 5 years after the date of registration or re-registration, as the case may be, unless the registration or re- registration has been re-registered or cancelled before then.

Section 25 amended

23. Section 25 of the principal Act is amended —

(a) in subsection (1) by deleting ", in the presence of a

justice,"; and

Stock (Brands and Movement) Amendment [No. 46

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(b) by inserting after subsection (2) the following

subsection —

(3) A person shall sign the memorandum referred to in subsection (1) in the presence of a justice who shall also sign the memorandum to attest that person's signature.

Section 28 amended

24. Section 28 of the principal Act is amended —

(a) in subsection (1) (a) —

(i) by inserting after "applies" the following —

in writing

"; and

(ii) by inserting after "Registrar" the following —

4i.

in writing

and

(b) by repealing subsections (2) and (3) and substituting

the following subsections —

(2) Re-registration of the ownership of brands may be applied for and effected in the prescribed manner and on payment of the prescribed fee for the brand (or brands) shown in the register as used by an owner on the owner's run (or runs).

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(3)

Subject to section 7 (2), the Registrar shall not re-register the ownership of a brand that is used on a run to a person who is the owner of another registered brand that is, or other registered brands that are, used on that run.

(4)	When the registration of the

ownership of a brand —

(a)	is cancelled under subsection (1);

(b)	expires under section 24, not having been re-registered under subsection (2),

the brand is to be regarded as an unallotted brand until re-allotted under section 21.

Section 30 amended

25. Section 30 of the principal Act is amended —

(a) in subsection (1) —

(i) by deleting "horses and cattle" and substituting the following —

cattle, buffalo, horses and deer

"; and

(ii) in paragraph (a) by deleting "Land Division" in both places where it occurs and substituting, in each case, the following —

Division

Stock (Brands and Movement) Amendment [No. 46

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(b) by repealing subsection (2) and substituting the

following subsection —

(2) Nothing in subsection (1)

requires

(a) a cattle calf under the age of 2 weeks to be branded or earmarked before it is removed from the run for the purpose of sale if, when it is so removed —

(i) a certificate of registration as dairy produce premises has been issued under the Dairy Industry Act 1973 in respect of the run; and

(ii) the prescribed details of identification of the calf appear on an appropriate waybill;

(b) a cattle calf (other than a calf referred to in paragraph (a)), or a foal, under the age of 6 months to be branded or earmarked before it is removed from the run for the purpose of sale if, when it is so removed —

(i) it is accompanied by, and it is to be sold with, its mother; and

(ii) the prescribed details of identification of the calf or foal appear on an appropriate waybill.

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(c)	in subsection (3) by deleting "if cattle are" and substituting the following —

buffalo or deer, if the animal is

and

(d)

in subsection (4) —

(i)	by deleting "stud cattle" in both places where it occurs and substituting, in each case, the following —

stud cattle or stud deer

"; and

(ii) by deleting "cattle" in the second, third, fourth and fifth places where it occurs and substituting, in each case, the following —

cattle or deer

”.

Section 33 amended

N.	Section 33 of the principal Act is amended

(a) in subsection (1) —

(i) by inserting after "goats" the following —

or camelids,

(ii) by inserting a comma after "30 (1) (a)"; and

(iii) by inserting after "goat" the following —

77;

or camelid

(b) in subsection (2) by inserting after "goat" the

following —

or camelid

"; and

Stock (Brands and Movement) Amendment [No. 46

Act 1994

(i) by inserting after "stud goat" the following —

P).

or stud camelid

(ii) in paragraph (a) by inserting after "goat" the following —

or camelid

"; and

(iii) by deleting "goat is" and substituting the following —

goat or camelid is

Section 34 amended

27. Section 34 (2) of the principal Act is amended by deleting

"sheep or cattle" and substituting the following —

sheep, cattle, buffalo, deer or camelid

Sections 36A and 36B inserted

28. After section 36 of the principal Act the following sections

are inserted —

Identification exemption certificate for stock to

be exported

36A. (1) If the Registrar receives an application,

in the form approved by the Registrar, from the proprietor of stock that are to be exported from Australia, the Registrar may issue to the proprietor an identification exemption certificate.

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(2) An identification exemption certificate —

(a)	exempts the stock specified in the certificate from the branding and earmarking requirements of this Act while the stock are on the proprietor's run; and
(b)	expires 12 months after the date of issue.

(3) If the stock specified in an identification certificate have not been exported at the time the certificate expires, the proprietor shall brand, earmark or otherwise identify the stock in accordance with this Act unless the Registrar has issued another certificate under subsection (1) in respect of the stock.

Stock are not branded unless brand appears where prescribed

39B. If a brand does not appear on prescribed stock

on the place on the animal prescribed as the place where the brand is to appear, the animal is to be regarded as not having been branded.

Section 37 amended

29. Section 37 of the principal Act is amended —

(a) in subsection (3) —

(i) in paragraph (d) by deleting "sheep" and

substituting the following —

stock

"; and

Stock (Brands and Movement) Amendment [No. 46

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(ii) by inserting after paragraph co the following

paragraphs —

(fa) require the proprietor of any stock, that are not on the proprietor's run and are not branded, earmarked or otherwise identified in accordance with this Act, to brand, earmark or otherwise identify the stock in accordance with this Act;

(fb) require the proprietor of any stock or the person who is, or appears to be, in charge or control of any stock, that are not on the proprietor's run and are not branded, earmarked or otherwise identified in accordance with this Act —

(i) to return the stock to the proprietor's run, at the proprietor's expense; or

(ii) if the stock are not, in the opinion of the Inspector or Police officer, in a fit condition to be returned to the proprietor's run, to have the stock transported, at the proprietor's expense, to an abattoir for slaughter, or to any other location as the Inspector or Police officer directs;

and

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(b) by inserting after subsection (3) the following

subsection —

(4) Any cost incurred by a person, other than the proprietor of the stock, in transporting the stock under subsection (3) (fb) is a debt due by the proprietor to the person and is recoverable in a court of competent jurisdiction.

Section 38 amended

30. Section 38 of the principal Act is amended by inserting

after paragraph (a) the following paragraph —

(aa) if required under this Act to give any information to an Inspector or Police officer, makes a statement that the person knows to be false or misleading in a material particular;

Section 47 amended

31. Section 47 of the principal Act is amended —

(a)	by deleting "the waybill which relates" and substituting the following —

any documents that relate

"; and

(b)	by deleting "in the waybill" and substituting the following —

in any of those documents

Stock (Brands and Movement) Amendment [No. 46

Act 1994

Sections 49A and 4913 inserted

32. After section 49 of the principal Act the following sections

are inserted —

Transport of stock to be exported

49A. (1) The proprietor of stock that are specified

in an identification exemption certificate issued under

section 36A —

(a)	who obtains a movement permit in respect of the transport of the stock; and
(b)	who provides to the drover or carrier of the stock the permit, a copy of the permit or a written statement, signed by the proprietor, of the number and date of issue of the permit,

is not required to brand, earmark or otherwise

identify the stock in accordance with this Act if —

(aa) the stock are being transported from the proprietor's run direct to a feedlot or to a ship for the purpose of being exported from Australia to a prescribed country; or

(bb) having been rejected for export to a prescribed country, they are being transported to an abattoir for slaughter or back to the proprietor's run.

Subsection (1) does not apply to stock that are

being transported to a location to be sold before being

transported to a feedlot or to a ship to be exported.

(2)

(3)

A movement permit referred to in this section and section 49B may be applied for, issued and cancelled as if it were a special permit under section 49.

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Transport of feral horses to slaughter

49B. (1) Subject to subsection (2), the proprietor of

feral horses that have been mustered on the

proprietor's run —

(a)	who obtains a movement permit in respect of the transport of the horses; and
(b)	who provides to the drover or carrier of the horses the permit, a copy of the permit or a written statement, signed by the proprietor, of the number and date of issue of the permit,

is not required to brand or otherwise identify the horses in accordance with this Act if they are transported, within 30 days after having been mustered, direct to an abattoir for slaughter.

(2) Subsection (1) does not apply to feral horses on a run that is within the South-West Division of the State, as defined by section 28 of the Land Act 1933.

Section 50 amended

38. Section 50 of the principal Act is amended

(a) in subsection (1) by inserting after "section 46" the

following —

or the permit, a copy of the permit or a written statement, signed by the proprietor of the stock, of the number and date of issue of the permit for the stock under section 49, 49A or 49B

and

Stock (Brands and Movement) Amendment [No. 46

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(b) in subsection (2) (a) by deleting "permit under section

49 for the stock" and substituting the following —

permit, a copy of the permit or a written statement, signed by the proprietor of the stock, of the number and date of issue of the permit for the stock under section 49, 49A or 49B

Section 53 amended

34. Section 53 (2) of the principal Act is amended —

(a)

by deleting "any goat or sheep" and substituting the following —

”;

any goat, sheep, deer or camelid

(b)

by deleting "the goat or sheep" and substituting the following —

the animal

"; and

(c)

by deleting "a goat or sheep" and substituting the following —

an animal

Section 54 amended

35. Section 54 (1) of the principal Act is amended —

(a) in paragraph (a) by deleting "horse or head of cattle"

and substituting the following —

“

cattle, buffalo, horse or deer

"; and

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(b) in paragraph (c) by deleting "goat or sheep" and

substituting the following —

goat, sheep or camelid

Section 59 amended

36. Section 59 (1) of the principal Act is amended by deleting "for the purposes of this Act, so far as it relates to the branding of goats, sheep, cattle or horses." and substituting the following —

a	in relation to one or more classes of stock.

Section 60A inserted

37. After section 60 of the principal Act the following section is

inserted —

Prosecutions to be commenced within 3 years

60A. A prosecution for an offence under this Act

may be commenced at any time within 3 years after

the commission of the offence.

Section 61 amended

88. Section 61 of the principal Act is amended —

(a)	in paragraph (a) by deleting "$2 000" and substituting the following —

$5 000

"; and

Stock (Brands and Movement) Amendment [No. 46

Act 1994

(b) in paragraph (b) by deleting "6" and substituting the

following —

Section 62 amended

39. Section 62 of the principal Act is amended —

(a) by inserting after subsection (1) the following

subsection —

(1a) The regulations may —

(a)	prescribe any animal to be stock for the purposes of this Act; and
(b)	for each animal prescribed under paragraph (a), prescribe all matters relevant to the branding, earmarking or other identification of the animal.

and

(b) in subsection (2) by deleting "$2 000" and substituting

the following —

$5 000

Various Acts amended

40. The Acts mentioned in the following Table are amended as

set out in the Table.

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TABLE

Short title of Act

Amendment

Auction Sales

In section 32 (1), delete "Stock (Brands and

Act 1973

Movement) Act 1970" and substitute the

following —

Stock (Identification and

Movement) Act 1970

2.	Beekeepers	In section 4, in the definition of "Registrar",
Act 1963	delete "Stock (Brands and Movement) Act
1970" and substitute the following —

Stock (Identification and

Movement) Act 1970

3.	Pig Industry	In section 9 (6), delete "Stock (Brands and
Compensation	Movement) Act, 1970" and substitute the
Act 1942	following —

Stock (Identification and

Movement) Act 1970

4.	Soil and Land	In the Schedule, delete "Stock (Brands and
Conservation	Movement) Act 1970" and substitute the
Act 1945	following —

Stock (Identification and

Movement) Act 1970