Stock (Brands and Movement) Amendment Regulations 1995 (WA)
2 Mav 19951 GOVERNMEW GAZETTE. WA 1651 AGSOl STOCK CBaANDS AND MOVEMENT) ACT 1970
STOCK CBRAPJlDS AND M0VEMENT)AMENDMENT REGULATIONS 1995
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations ma be cited as the Stock (Brands and Movement)
Amendment Regulations 1955.
Commencement
2. These regulations come into operation on the day the Stock (Bmnds and
Movement) Amendment Act 1994 comes into operation.
Regulation 1 amended
3. Regulation 1 of the rincipal re lations is amended b deleting "Stock (Brands and Movement) &gulations g72" and substituting &e followmg -
" n Stock (7dentifmtion and Movement) Regulations 1972
Regulation 2 repealed
4. Regulation 2 of the principal regulations is repealed.
Regulation 3 amended
5. Regulation 3 (1) of the principal regulations is amended -
(a) in paragraph (a) -
(i) by inserting after 'use a brandn the following -
" or earmark m. , (ii) by deleting "and" after subparagraph (i); and
(iii) by inserting after subparagraph (ii) the following -
diseases; and (iii) Registrar to use the brand or earmark if any person given written approval by the that ap roval has not been cancelied
under su % regulation (la); and
and
(b) in paragraph (b) -
(i) by inserting after 'in which a brand" the following -
U or earmark "; and
(ii) by deleting subparagraphs (i) and (ii) and substituting the following subparagraphs - U (i) any circumstances relating ta the monitoring, control or eradicabon of stock
| 1652 | GOVERNMENT GAZETTE, WA | [2 May 1995 |
(ii) any circumstances relating to the conduct
of research programmes in respect of
stock. n
Regulation S further amended
6. Regulation 3 of the principal regulations is further amended -
(a) by inser!ing after subregulation (1) the following subregulahon -
person referred to in subparagraph (iii) of (la) The Registrar may give written notice to a
to the person under that subparagraph to use a brand subregulation (1) (a) that cancels the approval given or earmark.
and
(b) in subregulation (2) -
(i) by deleting "of this regulationn; (ii) by inserting after "uses a brand" the following -
U or earmark "; and by deleting "control of stock diseases" and substituting the
(iii) following -
U
monitoring, control or eradication of stock diseases or the conduct of research programmes in respect of stock
n
Remation 4 amended
7. Regulation 4 of the principal regulations is amended -
in subregulations (21, (3) and (4) by deleting "goats or sheep" in each place where it occurs and substitutmg in each case the followng -
" sheep, goats or camelids ";
where it occurs and substituting in each case the following - in subregulation (4) (b), by deleting "goat or sheep* in both places
U sheep, goat or camelid "; and in subregulation (5) -
(i) by deleting the full stop at the end of paragraph (a) and substituting a semi colon; (ii)
by deleting the h11 stop at the end of paragraph (b) and substituting the following -
U ; and "; and (iii) by inserting after paragraph (b) the following paragraph - the woolbrand shall be placed on the wool
(c) of the sheep between the withers and the
nunp and across, or rallel and as close
as practicable to, the ga ackbone. n
2 May 19951 GOVERNMENT GAZE'ITE, WA 1653 Regulation S amended
8. Re ation' 5 of the .principal re Iations is amended by repealing
subregu ation (2) and substltutmg the fo a" fi" o m g subregulation - U
(2) The age mark for sheep - lambed in 1995 and every sixth ear after that ear ear; shall mnsist of 3 notches on the rack (bottom) o the 1
lambed in 1996 and evely sixth year &er that year shall consist of one notch on the front (top) of the ear;
lambed in 1997 and every sixth year after that year shall consist of 2 notches on the front (top) of the ear;
lambed in 1998 and every sixth year after that year shall consist of 3 notches on the front (top) of the ear;
lambed in 1999 and every sixth ear after that ear ear; and shall consist of one notch on the L c k (bottom) oJthe
lambed in 2000 and every sixth ear after that ear shall consist of 2 notches on L e gack (bottom) o the l ear.
n
Regulation 6 amended
9. Regulation 6 of the principal regulations is amended -
(a) by repealing subregulation (1) and substituting the following subregulation -
U
A erson who brands cattle, buffalo or deer by means o a firebrand or freezebrand - 4 (1)
shall in the case of cattle or deer, apply
(a) the brand on the near or left rump or shoulder; or
Cb) brand on the near or left rump or shall, in the case of buffalo,' apply the shoulder or to the horn, and, when the brand is to be a plied on the near or
previously branded, or has an age mark, on that left rump or shoulder and g e animal has been m p or shoulder the brand shall be ap lied
immediately below the existing brand or age m a R
and
6) in subregulation (31, by deleting the following -
while those cattle remain on the run, but where those cattle are removed from the nur for the purpose of display a t an agricultural show, or for the purpose of sale as registered stud cattle, the cattle shall be identified by a tail tag of a approved the
Registrar on which is imprinted?% rotary-nukr of the registered brand of the owner n
| 1654 | GOVERNMENT GAZETTE, | WA | [Z May 1995 |
Regulation 9 amended
10. bgulation 9 of the principal regulations is amended -
(a) by repealing subregulation (1) and substituting the following subregulatxon -
(1) A person who marks any cattle, b e a l o or
deer with an a e mark under sectaon 16 (a) of the Act or shoulter and, if the animal has been branded on shall im rint t % e age mark on the near or left, rump that rum or shoulder, immediately below the
registered \ rand. m. and
(b) in subregulation (2), by inserting after "calf * the folIowing - n
" or fawn
Regulation 9A amended
11. Regulation 9A of the principal regulations is amended -
in subregulation (1) -
(i) by inserting after "horse" the following -
U or deer "; and (ii) by deleting "when the animal is filly grown" and
substituting the following -
" W.
at the time when the brand is applied
in subregulation (2) -
by deleting "The brand for cattle" and substituting the
(i) following -
U
Sub'ect to subregulation (2a), the brand for
cattle or buffalo m. 7
and
(ii) by deleting "when the animal is fully grown" and
substituting the following - "
at the time when the brand is applied W. ,
by inserting after subregulation (2) the following subregulation - U
shall be of sufficient size to be clearb legible. (2a) The brand for buffalo, if a plied to the horn, in subregulation (3) -
(i) by inserting &r "cattle" the following - " or buffalo "; and (ii) by deletin "in any dimension when the animal is Wly
grown" an cf substituting the following -
U
across its maximum dimension a t the time
when the earmark symbol is applied
and
2 May 19951 GOVERNMENT GAZETTE, WA 1665
(e) by repealing subregulation (4) and substituting the following subregulabon - U
(4) The earmark symbol for shee goats, deer or camelids shall be not less than 12 d i m e t r e s across its maximum dimension a t the hme when the earmark symbol is applied.
Regulation 10 amended
12. Regulation 10 of the principal regulations is amended -
(a) in subregulation (2) -
(i) by deleting "Subject to sections 15 and 21 of the Act, then and substituting the following -
The "; and
(ii) b de1etin.g "two letters and the numeral" and substituting
t e follomng - K B. ?
U 5 numerals
and
(b) in subregulation (3), by deleting "20 millimetres betweenn and substitutmg the following -
" n
a minimum of 5 millimetres between
Regulation 11A amended
IS. Regulation 11. of the principal regulations is amended -
(a) by deleting "section 30 (2) (a)" and substituting the following -
" section 30 (2) m. S 0)
in paragraph (a) -
(i) by inserting after "in the case of a calf " the following -
under the age of 2 weeks "; and
(ii) by deleting subparagraph (iv) and substituting the following subparagraph - U (iv) the number of the certificate referred to
in section 30 (2) (a) (i) of the Act; *.
?
and
(C) by deleting paragraph (b) and substituting the following paragraph - U
(b) in the case of a calf (other than a calf r e f e ~ e d
the Betaig of identification referred to in to in ara aph (a)) under the age of 6 months, Form No. 7 in Schedule 1. n
| 1656 | GOVERNMENT GAZETTE, WA | 12 May 1995 |
Regulation 12 repealed and a regulation substituted
14. Regulation 12 of the principal regulations is repealed and the following
regulation is substituted -
U
The register
store the appro riate details referred to in Form No. 1 in 12. (1) The register kept by the Registrar shall record or Schedule 1 for alfbrands and earmarks registered under the Act. (2) Details recorded or stored in the register may be recorded or stored b means of a mechanical, electronic or other
register in the form in which they were originally recorded or device, but so that t e details so recorded or stored remain in the K stored for a t least 10 years and are capable of being reproduced at any time in written form in the English language.
in any manner that the hgistrar considers necessary to make (3)
The Registrar ma amend, add to or correct the register the register an accurate record of the details it records or stores.
n
Regulation 18 repealed and regulations 17A and 18 substituted
15. Regulation 18 of the principal regulations is repealed and the following
regulations are substituted -
U
Cancellation and joint owners
serves notice that registration will be cancelled on a person who (2) If, under section 28 (1) (b) of the Act, the Registrar
is registered with another erson, or with other persons, as the owner of a brand or earmark, the Registrar shall serve a copy of the notice on the other registered person or each of the other registered persons.
Application for re-registration 18. A person may apply for the re-re 'stration of the ownership of a brand or earmark under section 2f (2 ) of the Act by making
an application -
(a) to, and in a form approved by, the Registrar at least 21 days before the registrat~on, or an previous re-
registration, of the ownership of t % e brand or earmark expires under section 24 of the Act; and (b) with the fee set out in item 5 in Schedule 2.
Regulation l9 amended
16. Regulation 19 of the principal regulations is amended -
by deleting "a stock owner or his agent" and substituting the
(a) following - " the proprietor of any stock ";
2 May 19951 GOVERNMENT GAZETTE, WA ,1657
(b) by inserting aRer rbranding equipment" the following - or earmarking equipment, or branding eguiprnent and
earmarking equipment, as the case reqmres,
and
(C) by deleting "it is registered" and substituting the following -
U the equipment is registered ". Regulation 19A inserted
17. f i r regulation 19 of the principal regulations the following regulation is inserted -
UInspector or Police officer to give written notice of requirement
19A (1) If, under section 37 (3) (fa) or (fb) of the Ac an
Inspector or Police oRicar requires the roprietor of any sb!& or
any action in relation to the stock, the Inspeer or Police officer the person who is, or appears to be, in c K arge of any stuck to take shall gve the proprietor or other person wntten notice of the
requirement.
(2) The proprietor of.any stock who is ven written notice of
to have been granted a permit under regulation 19 - a requirement under secbon 37 (3) (fa) of & e Act shall be taken
(a) that is valid for a period of 24 hours; and (b) that enables the stock, durin that period, to h
identified in accordance with B e Act at the place '
where the stock are located. n
Regulation 20 amended
18. Re ation 20 (2) of the principal regulations is amended by deleting
"goats, s eep and pigsn and substituting the following - P
" sheep, swine, goats, buffalo, deer and camelids ".
Regulation 20A repealed and a regulation substituted 19. Regulation 20A of the principal regulations is repealed and the
following regulation is substituted -
U
Identification of imported stock
20A. (1) The roprietor of stock that are im orted into the
State shall bran2 earmark or otherwise identi& the stock in accordance with the Act within 14 days &r the stock are imported.
For the urposes of subregulation (l), any animal that has been brandetor earmarked outside the State shall be taken
(2)
to have been branded or earmarked in accordance with the Act. b Regulation 20B amended
20. Re lation 20B of the principal regulations is amended by deleting
paragrap S (a) and (b). P
| 1658 | GOVERN1MEIW GAZETTE, WA | 12 May 1995 |
Regulation 20C amended
21. Regulation 20C of the principal regulations is amended -
(a) by inser+g e r the replation designation "20C." the
subregulatzon des~gnation "(l) ;
(b) by deleting Vhere" and substituting the following -
" Subject to subregulation (21, if "; (C) by deleting "permit to move stock" and substituting the following -
" other document m. P (d) by deleting "permit." and substituting the following -
U other document. "; and (e) by inserting the following subregulations - U
(2) A 'person furnishin a waybill or other document on which the wor !
"vario~s'~
is recorded
under subregulation (1) shall also record on the waybill or other document - the total number of stock in respect of
(a) which the word "variousw is recorded under subregulation (l);
(b) the number and description of the stock that have been identified with a brand or earmark in respect of each of the
4 brands or earmarks with which the
greatest number of stock have been
identified; and(C) a description of the 4 brands or earmarks referred to in paragraph (W.
Example:
if there is a total number of 60 stock to be recorded under paragraph (a), and 20 animals are identified wth brand A, 15 animals with
earmark B 10 animals with earmark C 7 animals with brand D, 5 animals with b r a d E and 3 animals with earmark F, the information required under paragraph (b)
is -
20 (Description of' stock) Brand A 15 (Description of stock) Earmark B 10 (Description of stock) Earmark C 7 (Description of stock) Brand D
(3) In this re lation and regulations 20D, 20E and 20F, "other ocument" means a permit or any other document, other than a waybill, that authorizes the movement of stock under the Act.
n
Regulation 20D amended
!B. -ation 20D of the principal regulations is amended -
(a)
by deleting "permit to move stock" and substituting the following -
" other document "; and
2 May 19951 GOVERNMENT G A Z E m , WA 1659
(b) by deleting 'movement and" and substituting the following - " movement of the stock and by ".
Begulation 20E amended
23. Regulation 20E of the principal regulation is amended -
(a) in subregulation (1) - (i) by deleting "permit to move stock" and substituting the
following -
other document "; and
(ii) by deleting "six months" and substituting the following -
U 3 years ";
Cb) in subreplation (Z), by deleting 'six months" and substituting the follomng - " 3 years "; and (C) in subregulation (31, by deleting "six months by the owner or" and substituting the following -
3 years by the ".
Rejfulation 20F amended
24. Regulation 20F of the principal regulations is amended -
(a)
by deleting "permit to move stockn and substituting the follomng -
n.
" other document 9
Cb) by deleting *willn and substituting the following -
" shall "; and (C)
by deleting 'six months" and substituting the f0110wing -
" 3 years ".
Re ation 206 repealed and regulations 20G, 208, 201 and 2 W su stituted P 25. Regulation 20G of the* principal regulations is repealed and the
following regulations are subst~tuted - Certain documents to be produced if required by Inspector or Police officer
206. An document that a person is required to retain for a
period of ryears under regulation ZOE, 20F 20H (3) or 201 (2) shall be produced within a reasonable time the person to an Inspector or Police officer if, during the period of 3 years, the person is required by an Inspector or Police officer to do so.
Application for and issue of identification exemption certificates 20E (1) If the proprietor of stock a lies fot an identification
propnetor shall include with the ap lication evidence- that the exemption certificate under section SPA (I) of the Act,, the
proprietor intends to export the stock R om Australia
| 1660 | GOVERNMENT GAZETTE. | WA | 12 Mav 1995 |
The Registrar shall issue an identification exemption intends ta export the stock and -
ce
cate to an applicant only if satisfied that the applicant
(a) in respect of stock that have not attained the age of 6 months;
(b) in res ect of stock that have attained the age of 6 mon&s but have not attained the age of 18 months, if the stock would be required to be branded under identification exemption certificate; or section 30 (1) Cb) of the Act if not specified in an
(C) in respect of stock referred to in subregulation (4).
exem tion cerhficate is issued shall retain the certificate for a (3) A proprietor of stock to whom an ' identification pen
J of 3 years. (4) If stock specified in an identification exem tion c e q c a t e are not going to be exported before the certi cate R expires, the proprietor of the stock may re-apply under section 36A (1) of the Act -
(a) if the ap lication is made not less than 21 days before
the certi cate expires; and I (b)
with the application. if evidence referred to in subregulation (1) is included
contract, or a copy of a written contract, entered into by the (5) In subregulation (l), "evidence" includes a written proprietor of the stock for the stock to be exported from Australia.
Movement permits
of the Act may be issued in a form approved by the Registrar. (1) A movement permit referred to in section 49A or 49B 20L
movement permit, a copy of a mcivement permit or a written section 49A (l) (b) or 49B (1) (b) of the Act, is provided with a (2) The drover or carrier of stock who, under
statement of the number and date of issue of a movement
permit -
shall ensure that the permit, the copy of the permit
(a) or the written statement accompanies the stock during the whole of the movement of the stock; and
(b) shall retain the permit, the cop of the permit or the
written statement for a period o 3 years. B
Prescribed countries
. The countries set out in the Table to this re lation are prescribed for the purposes of section 49A (l) (aa) anti"cbb1 of the Act. TABLE
Algeria Jordan Qatar Bahrain Kuwait Saudi Arabia Ceuta Lebanon Singapore Malaysia Tunisia Indonesia Melilla Turkey Iran Morocco United Arab Emirates Iraq Oman Yemen
2 May 19951 GOVERNMENT GAZETTE, WA X661 Regulation 21 amended
28. Re lation 21 of the pec ipa l regulations is amended by deleting "One
hundred T ollars" and substituting the following - Schedule 1 amended
27. Schedule 1 to the principal regulations is amended - in Form No. 1 -
(i) by deleting "STOCK (BRANDS AND MOVEMENT) ACT, 1970" and substituting the following - U
S T O C K ( I D E N T I F I C A T I O N A N D
MOVEMENT) ACT 1970 b. 3
(ii) by insertin after "B~&INJIs" in both laces where it occurs in the heabngs to Part A and Part B &e following -
" AND- "; and (iii) in Part B by deleting "Brand" in both places where it occurs
and substituting in each case the following -
n.
" Brand/Eartnark 9
in Fortn No. 2 -
(i) by deleting "STOCK (BRANDS AND MOVEMENT) ACT, 1970" and substituting the following - U
STOCK (IDENTIFICATION AND MOVEMENT) ACT 1970 b. I
and
(ii) by deleting "stock brands" and substituting the following -
n. ,
" stock brands andlor eannarks
in Form No. 3, by deleting 'STOCK (BRANDS AND MOVEMENT) ACT 1970" and substituting the following -
STOCK (IDENTIFICATION AND MOVEMENT) ACT 1970 b. C
in Form No. 4 -
(i) by deleting "STOCK (BRANDS AND MOVEMENT) ACT, 1970" and substituting the following -
STOCK (IDENTIFICATION AND MOVEMENT) ACT 1970
(ii) by deleting "Brand" and substituting the following -
" Brand/Earmark "; and (iii)
by inserting after "BRANDS" the following -
| 1662 | GOVERNMENT GAZETTE, WA | E2 May 1995 |
in Form No. 5 -
(i) by deleting "Stock (Brands and Movement) Act, 1970" and substituting the following -
STOCK (IDENTIFICATION AND MOVEMENT) ACT 1970
,
(ii) by inserting &r 'BRANDING" the following -
" OR EARMARKING "; and
(iii) by deleting "Brand" in both laces where i t occurs and
substituting in each case the fo owing - R
in Form No. 6 -
(i) by deleting 'Stock (Brands and Movement) Act, 1970" and substituting the following -
STOCK (IDENTIFICATION AND MOVEMENT) ACT 1970 3
(ii) by inserting after 'BRANDING" the following -
(iii) by deleting 'BRANDS" in both places where it occurs and
substituting in each case the following -
" BRANDMMWARKS "; and (iv) by deleting 'Branding" and substituting the following -
in Form No. 7 -
(i) by deleting "Stock (Brands and Movement) Act, 1970" and
substituting the following -
STOCK (IDENTIFICATION AND MOVEMENT) ACT 1970
3
and
(ii) by deleting '6 months" and substituting the following -
" 3 years ";
and
by deleting Form 8, Form 9, Form 10 and Form 11.
Schedule 2 amended
28. Schedule 2 to the principal regulations is amended by deleting item 5
and substituting the following item -
5. 18 A plication to re-register
a i r a n d . . . . . . . . . . . . . . . . . . . . . . . . . 33.00 n
By His Excellency's Command,
M.
0
0
0