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

Queensland Stock Identification Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 58 made under the StockAct1915 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 7 (Movement of cattle). . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 8A (Use of breeder and post breeder tags). . . . 2 5 Amendment of ss 9 and 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Amendment of s 10 (Registration of holdings) . . . . . . . . . . . . . . . 3 7 Amendment of s 11 (Register of holdings) . . . . . . . . . . . . . . . . . . 3 8 Insertion of new ss 11A and 11B . . . . . . . . . . . . . . . . . . . . . . . . . 3 11A Chemical residue status, disease status or HGP status of registered holdings and stock . . . . . . . . . . . 3 11B Access to register of holdings . . . . . . . . . . . . . . . . . . 5 9 Amendment of s 12 (Transfer of registration) . . . . . . . . . . . . . . . . 6 10 Amendment of s 13 (Protection from fraud or misuse). . . . . . . . . 6 11 Amendment of s 14 (HGP free tags) . . . . . . . . . . . . . . . . . . . . . . 6 12 Insertion of new s 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 7

s1 2 s5 Stock Identification Amendment Regulation (No. 1) 2005 No. 58, 2005 1 Short title This regulation may be cited as the Stock Identification Amendment Regulation (No. 1) 2005 . 2 Regulation amended This regulation amends the StockIdentificationRegulation 1985. 3 Amendment of s 7 (Movement of cattle) Section 7(6), from ‘inspector’— omit, insert— ‘authorised officer .’. 4 Amendment of s 8A (Use of breeder and post breeder tags) Section 8A— insert— ‘(3) Despite subsection (2)(a)(iii) and (b)(iii), a breeder tag or post breeder tag may have an identification number on it that is different from the identification number of the holding mentioned in subsection (2)(a)(iii) or (b)(iii) (the first holding ) if— (a) the tag has the identification number of another holding on it; and (b) an inspector has given written authority for the tag to be used in relation to the first holding.’. 5 Amendment of ss 9 and 9A Sections 9(5) and 9A(4), definition inspector , from ‘a meat safety officer’— omit, insert— ‘an authorised officer .’.

s6 3 s8 Stock Identification Amendment Regulation (No. 1) 2005 No. 58, 2005 6 Amendment of s 10 (Registration of holdings) (1) Section 10(3), from ‘the inspector’— omit, insert — ‘an inspector.’. (2) Section 10(4), ‘the inspector for the district’— omit, insert — ‘an inspector’. (3) Section 10(4A)— omit, insert— ‘(4A) The identification number— (a) must identify the holding and the locality in which it is situated; and (b) may consist of numbers, letters or symbols or any combination of numbers, letters or symbols.’. 7 Amendment of s 11 (Register of holdings) (1) Section 11(2)(a)— omit, insert— ‘(a) the chief inspector must keep the register of holdings at the chief inspector’s office and at the office of each inspector; and’. (2) Section 11(2)(b), after ‘suitable;’— insert — ‘and’. 8 Insertion of new ss 11A and 11B After section 11— insert— ‘11A Chemical residue status, disease status or HGP status of registered holdings and stock ‘(1) The chief inspector may—

s8 4 s8 Stock Identification Amendment Regulation (No. 1) 2005 No. 58, 2005 (a) decide the chemical residue status, disease status or HGP status of a holding recorded in the register of holdings and of stock from the holding; and (b) record the status in the register. ‘(2) The chief inspector must, as soon as practicable after recording the chemical residue status, disease status or HGP status, give the owner of the holding a written notice stating— (a) what the recorded status is; and (b) that the owner may, within a stated reasonable period, make written submissions to the chief inspector about the recorded status. ‘(3) The chief inspector must consider any written submissions made by the owner within the stated period. ‘(4) If, because of the submissions, the chief inspector decides the actual chemical residue status, disease status or HGP status is different from the recorded status, the chief executive must amend the recorded status to reflect the decision. ‘(5) If the amended chemical residue status, disease status or HGP status is the same as a status proposed by the owner in the submissions, the chief executive must give the owner written notice of the amended status. ‘(6) If, after complying with subsections (3) to (5), the chemical residue status, disease status or HGP status recorded in the register is other than a status proposed by the owner in the submissions, the chief inspector must give the owner a written notice stating— (a) the decision, and the reasons for it; and (b) that the owner may, within 30 days after receiving the notice, appeal to a Magistrates Court against the decision; and (c) how to appeal. 1 1 See section 36 (Appeals to Magistrates Courts) of the Act.

s8 5 s8 Stock Identification Amendment Regulation (No. 1) 2005 No. 58, 2005 ‘11B Access to register of holdings ‘(1) The chief inspector must— (a) keep information recorded in the register of holdings open for inspection, by appointment or the giving of reasonable written or oral notice, at the chief inspector’s office and at the office of any inspector; and (b) allow a person, on payment of any fee requested, to take extracts from the information; and (c) give, on payment of any fee requested, a person who asks for it, a copy of the information. ‘(2) However, for information in the register about the chemical residue status, disease status or HGP status of a holding, the obligation under subsection (1) to give a person, other than the owner of the holding, access to it applies only if— (a) the owner consents in writing; or (b) the access is— (i) to a person carrying out functions under an Act administered by the department or a law of another State that provides for the same or similar matters as an Act administered by the department; or (ii) expressly permitted or required under the Act or another Act; or (c) the chief inspector is satisfied that giving the access— (i) will contribute to traceability of stock and disease or compliance with a food safety scheme or market access or reporting or product integrity standard; or (ii) is essential to administer a food safety scheme, market access, or animal health, control or accreditation program. ‘(3) Also, subsection (1) does not apply to information recorded under section 11(2)(c)(iv). ‘(4) A fee requested under subsection (1) must not be more than the actual cost of allowing the taking of the extract or giving the copy.’.

s 9 6 s 12 Stock Identification Amendment Regulation (No. 1) 2005 No. 58, 2005 9 Amendment of s 12 (Transfer of registration) (1) Section 12(1), from ‘the inspector’ to ‘situated’— omit, insert — ‘an inspector’. (2) Section 12(2), ‘for the district’— omit . 10 Amendment of s 13 (Protection from fraud or misuse) Section 13(3A)— omit, insert— ‘(4) The approval may state an expiry date for the order. ‘(5) However, the stating of an expiry date does not limit how many times the person may, before that date, purchase or obtain tags under the order.’. 11 Amendment of s 14 (HGP free tags) Section 14, ‘hormonal growth promotant’— omit, insert— ‘HGP’. 12 Insertion of new s 16 After section 15— insert— ‘16 Transitional provision ‘(1) This section applies for information about the chemical residue status, disease status or HGP status of a holding or stock from a holding if, under section 11(2)(c)(iv), the information was included in the register immediately before the commencement of section 11A. 2 2 Sections 11 (Register of holdings) and 11A (Chemical residue status, disease status or HGP status of registered holding)

s 13 7 s 13 Stock Identification Amendment Regulation (No. 1) 2005 No. 58, 2005 ‘(2) Section 11A(2) to (6)— (a) does not apply for the making of the decision to include the information in the register; but (b) does apply for a decision to change the information as if the reference in section 11A(1)(a) to deciding the chemical residue status, disease status or HGP status were a reference to the decision to change the information. ‘(3) Section 11B(1), (2) and (4) applies to the information.’. 13 Amendment of schedule (Dictionary) (1) Schedule, definition meat processing facility — omit. (2) Schedule— insert— ‘ authorised officer means an authorised officer under the Food Production (Safety) Act 2000. chemical residue means a chemical product or veterinary chemical product prescribed, under the StockRegulation1988 , section 5B(a), as a disease for section 4C of the Act. chemical residue status , of a holding or stock from a holding, means the presence on the holding or on or in the stock of any chemical residue. disease status , of a holding or stock from a holding, includes the presence on the holding or on or in the stock of residue disease, other than chemical residue. HGP means hormonal growth promotant. HGP status , of a holding or stock from a holding, means whether or not — (a) stock on or from the holding have, at any time or place, been treated with a HGP; or (b) a HGP has been purchased to treat stock on the holding.

s 13 8 s 13 Stock Identification Amendment Regulation (No. 1) 2005 No. 58, 2005 meat processing facility means a facility at which stock are killed for meat . register of holdings means the register the chief inspector keeps under section 11. stock , from a holding, includes stock that, at any time, have come from the holding.’. (3) Schedule, definition HGP free tag , ‘under the StockAct 1915 ’— omit . ENDNOTES 1 Made by the Governor in Council on 7 April 2005. 2 Notified in the gazette on 8 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