Stock Regulations 1991 (SA)

SOUTH AUSTRALIA

STOCK REGULATIONS 1991 SUMMARY OF PROVISIONS

PART I

PRELIMINARY

1.                    Citation

2.                    Interpretation

3.                    Endangered stock—prescribed period

PART II

CATTLE AND BUFFALO TAGS

4.                    Identification of cattle or buffalo by tagging

5.                    No unauthorised tail tags

6.                    Sale of land to which identification number allotted

7.                    Cancellation of identification numbers

PART III

VACCINES AND DIAGNOSTIC AGENTS

8.                    Sale or supply of vaccines

9.                    Use of vaccines

10.                    Storage and disposal of vaccines

11.                    Prohibition on use of diagnostic agents

PART IV

CONTROLS ON FEEDING OF STOCK

12.                    Swill

13.                    Sewage grass

PART V

ARTIFICIAL BREEDING PROCEDURES

14.                    Interpretation

15.                    Sale or supply of semen or embryos for artificial breeding

16.                    Obligation to be licensed to conduct artificial breeding centre

17.                    Artificial breeding centre licence

18.                    Offences in relation to licensed premises

19.                    Obligation to be licensed to carry out artificial breeding procedure

20.                    Licence to carry out artificial breeding procedure

21.                    Records

22.                    Application for licence

23.                    Duration and renewal of licences

24.                    Conditions of licences

25.                    Cancellation or suspension of licence

26.                    Appeal

27.                    Additional inspector’s powers

PART VI

DIAGNOSTIC LABORATORIES

28.                    Registration

29.                    Duration and renewal of registration

30.                    Supervision of laboratory

31.                    Animal disease diagnosis

32.                    Reporting positive results

33.                    Records

34.                    Specimens not to be imported or exported

35.                    Quality assurance programmes

36.                    General offence

37.                    Adequacy of facilities and procedures, etc.

38.                    Appeal

SCHEDULE 1

Fees

SCHEDULE 2

Transitional Provisions

APPENDIX 1

LEGISLATIVE HISTORY

APPENDIX 2

DIVISIONAL PENALTIES AND EXPIATION FEES

REGULATIONS UNDER THE STOCK ACT 1990

Stock Regulations 1991

being

No. 58 of 1991: Gaz. 23 May 1991, p. 1653

as varied by

No. 228 of 1993: Gaz. 15 October 1993, p. 17681 No. 201 of 1995: Gaz. 26 October 1995, p. 12122

1 Came into operation 15 October 1993: reg. 2.

2 Came into operation 26 October 1995: reg. 2.

PART I

PRELIMINARY

Citation

1. These regulations may be cited as the Stock Regulations 1991.

Interpretation

2. In these regulations—

"the Act" means the Stock Act 1990:

"class 1 vaccine" means a preparation or substance capable of producing immunity in stock

to the following organisms or disease syndromes:

anthrax

avian encephalomyelitis

Bacteroides nodosus

Mareks disease

rabies

Shopes fibroma virus:

"class 2 vaccine" means a preparation or substance capable of producing immunity in stock

to the following organisms or disease syndromes:

bovine pestivirus

Campylobacter fetus var venerealis

canine adenovirus

canine distemper

canine calicivirus

canine parainfluenza virus

canine parvovirus

canine staphylococcal dermatitis

equine staphylococcal dermatitis

feline calicivirus

feline herpes virus

feline panleukopaenia

feline viral rhinotracheitis

feline T-lymphocytic lentivirus

infectious bovine rhinotracheitis

infectious canine hepatitis

Parainfluenza 3 virus

Shopes fibroma virus

Staphylococcal mastitis

Streptococcus equi:

"pastured" includes fed on a feedlot:

"vaccine" means—

(a)	a class 1 or 2 vaccine;
or
(b)	any other preparation or substance capable of producing immunity in stock to disease:

"veterinary surgeon" means a person registered as a veterinary surgeon under the Veterinary

Surgeons Act 1985.

Note: For definition of divisional penalties (and expiation fees) see Appendix 2.

Endangered stock—prescribed period

3. Stock of a species listed in column 1 below are "endangered stock" (for the purposes of the definition of that term in section 4(1) of the Act) if they have, during the period specified in column 3, been pastured or kept together on the same holding, transported in the same vehicle, vessel or aircraft, or kept together in the same group, as stock that are or are suspected of being infected with a disease specified in column 2, unless they are of a class that is not susceptible to the disease.

Species of stock	Disease	Period
Cattle, sheep, pigs, goats, deer	brucellosis	180 days
Poultry	infectious laryngotracheitis	180 days
Cattle	contagious bovine pleuro pneumonia	180 days
Sheep	footrot	1 year
Cattle	trichomoniasis	1 year
Cattle, sheep	Camphylobacter	1 year
Bees	American foul brood	2 years
Cattle, pigs, poultry, deer	tuberculosis	life of stock
All species	Any disease not listed above	3 months

PART II

CATTLE AND BUFFALO TAGS

Identification of cattle or buffalo by tagging

4. (1) Subject to subregulation (3), an owner of cattle or buffalo must not, for the purpose of their slaughter or public sale, remove the cattle or buffalo or permit the cattle or buffalo to be removed from land on which they are pastured, unless—

(a)	the Chief Inspector has allotted an identification number in respect of the land (and that number has not been cancelled under regulation 7) and attached to the tail or an ear of each animal is a tag that complies with this regulation and bears the identification number of the land;
(b)	the cattle have been pastured on that land for not more than seven days and attached to the tail or an ear of each animal is a tag that complies with this regulation and bears the identification number of the land on which they were pastured immediately before being pastured on that land;
or
(c)	the prior written approval of an inspector has been obtained.

Penalty: Division 7 fine.

(2) The tag must have been manufactured by a person authorized for the purpose by the

Chief Inspector.

(3) Subregulation (1) does not apply in relation to—

(a)	stud animals, unless they are removed for slaughtering;
(b)	the removal of animals from land to which an identification number applies to land to which the same number applies.

(4) The Chief Inspector may authorize a person to manufacture tags for the purposes of this regulation subject to such conditions as the Chief Inspector considers appropriate (including conditions prohibiting or limiting the marking of tags with information or symbols other than the identification number of land).

(5) A person authorized by the Chief Inspector to manufacture tags for the purposes of this

regulation—

(a)	must keep records of the persons to whom tags are supplied and the number of tags supplied in respect of each identification number;
and
(b)	must, at the request of an inspector, produce the records for inspection.

Penalty: Division 8 fine.

(6) Where an inspector suspects on reasonable grounds that a person has removed, or is about to remove, cattle or buffalo in contravention of subregulation (1), the inspector may—

(a)

require the owner or person in charge of the animals to—

(i)	muster them at or take them to a specified place convenient for inspecting, or attaching tags to, the animals;
(ii)	attach tags to animals found not to be tagged in accordance with this regulation;
(iii)	detain the animals at a specified place, or return the animals to the place from which they have been removed, until they are tagged in accordance with this regulation;

and

(b)

iftheownerorpersoninchargerefusesorfailstocomplywithsucha requirement—take the action required to be taken, with or without assistance.

(7) The Minister may recover costs and expenses reasonably incurred by an inspector under subregulation (6) by action in a court of competent jurisdiction as a debt owed by the person of whom the requirement was made.

(8) In this regulation—

"stud animal" means an animal that is registered with a society of breeders of animals of the

same breed.

No unauthorised tail tags

5. (1) In the circumstances in which tags are required to be attached to cattle or buffalo under this Part, the only tags that may be attached to the tails of the cattle or buffalo are—

(a)	tags of the kind required to be attached under this Part (including tags attached on earlier occasions); or
(b)	tags of a kind approved by the Chief Inspector.

(2) If a tag of a different kind is attached to the tail of cattle or buffalo in contravention of subregulation (1), the owner of the cattle or buffalo is guilty of an offence.

Penalty: Division 8 fine.

Sale of land to which identification number allotted

6. Within 30 days after the sale of land to which an identification number has been allotted under this Part, the vendor must provide the Chief Inspector with the following information in writing—

(a)	the date of the sale;
and
(b)	the name and address of the purchaser.

Penalty: Division 8 fine.

Cancellation of identification numbers

7. (1) The Chief Inspector may cancel an identification number allotted to land—

(a)	at the request or with the consent of the owner of the land;
or
(b)	if satisfied that no tags bearing the identification number of the land have been used in the preceding three years.

(2) The Chief Inspector must give notice of any cancellation of an identification number under subregulation (1)(b) to the last known owner of the land at his or her last known address.

PART III

VACCINES AND DIAGNOSTIC AGENTS

Sale or supply of vaccines

8. (1) A person must not sell or supply a vaccine for use on stock unless—

(a)	in the case of a class 1 vaccine—the sale or supply is to a veterinary surgeon or to some other person approved by the Chief Inspector, for use by that person and the sale or supply has been approved by the Chief Inspector;
(b)	in the case of a class 2 vaccine—the sale or supply is to a veterinary surgeon or to some other person approved by the Chief Inspector, for use by that person;
or
(c)	in any other case—
(i) the preparation or substance is registered under the Stock Medicines Act 1939;

or

(ii) the approval of the Chief Inspector has been obtained.

Penalty: Division 7 fine.

(2) A person must not sell or supply a vaccine after the date (if any) specified on any label, covering, wrapping or container as the date after which the vaccine should not or must not be used on stock.

Penalty: Division 8 fine.

Use of vaccines

9. A person must not, without the approval of the Chief Inspector, use a class 1 or 2 vaccine

on stock unless he or she is a veterinary surgeon.

Penalty: Division 7 fine.

Storage and disposal of vaccines

10. A person who has in his or her possession, custody or control a vaccine intended for sale

or supply must—

(a)	ensure that the vaccine is at all times stored in the manner, and at the temperature (if any) specified on any label, covering or wrapping by or under any law;
and
(b)	dispose of the vaccine on, or as soon as possible after, the date (if any) specified on any label, covering, wrapping or container as the date after which the vaccine should not or must not be used on stock.

Penalty: Division 8 fine.

Prohibition on use of diagnostic agents

11. A person must not, without the approval of the Chief Inspector, use a diagnostic agent (including tuberculin, johnin, mallein or pullorum antigen).

Penalty: Division 7 fine.

PART IV

CONTROLS ON FEEDING OF STOCK

Swill

12. (1) Subject to this regulation, a person must not—

(a)	feed swill to stock;
(b)	permit stock to have access to swill;
or
(c)	dispose of swill in such a manner that stock may gain access to it.

Penalty: Division 8 fine.

(2) Subregulation (1) does not apply to swill derived from premises approved by the Chief

Inspector.

(3) An approval under subregulation (2)—

(a)

may be limited—

(i)	to swill of a specified nature;
(ii)	to swill that has been subjected to specified treatment;

and

(b)

may be varied or revoked by written notice to the owner or occupier of the premises to which it relates.

(4) In this regulation—

"swill" means any substance containing a stock product including—

(a)	hatchery waste;
(b)	offal, waste or residues from a slaughterhouse or butcher’s premises;
or
(c)	waste or residues from any bakery, smallgoods shop, pet food processor or distributor, fish processor or distributor or any other premises where food is prepared or sold.

Sewage grass

13. A person must not, without the approval of the Chief Inspector—

(a)

use sewage effluent for growing of pastures intended for feeding to cattle or pigs;

or

(b)

permit or allow cattle or pigs—

(i)	to graze pasture which has been irrigated with sewage effluent;
(ii)	to have access to pasture or feed contaminated with septic tank effluent;

or

(iii) to have access to human excreta.

Penalty: Division 8 fine.

PART V

ARTIFICIAL BREEDING PROCEDURES

Interpretation

14. In this Part—

"artificial breeding centre" means a business or institution established or conducted for the performance, on behalf of others, of any artificial breeding procedure on or in connection with cattle, sheep, goats, pigs or horses:

"licensed premises" means—

(a)	premises that are approved for use in pursuance of a licence to conduct an artificial breeding centre issued under this Part;
(b)	premises in another State or Territory of the Commonwealth that are licensed or approved for the purposes of the collection of semen, ova or embryos from stock under the law of that other State or Territory;
(c)	premises in another State or Territory of the Commonwealth or in a place outside Australia approved by the Chief Inspector.

Sale or supply of semen or embryos for artificial breeding

15. A person must not, without the approval of the Chief Inspector, sell or supply semen or embryos of cattle, sheep, goats, pigs or horses for the purposes of artificial insemination or embryo transfer unless the semen or embryos have been collected from stock at licensed premises.

Penalty: Division 7 fine.

Obligation to be licensed to conduct artificial breeding centre

16. (1) A person must not conduct an artificial breeding centre except in pursuance of a licence granted by the Chief Inspector.

Penalty: Division 7 fine.

(2) A licence to conduct an artificial breeding centre must specify the premises that are approved for use in pursuance of the licence.

Artificial breeding centre licence

17. (1) In determining whether to grant a licence to conduct an artificial breeding centre, the Chief Inspector must have regard to—

(a)	the suitability of the applicant to be granted the licence;
(b)	the arrangements that the applicant has made to fulfil the obligations that may arise under these regulations;
(c)	the suitability of the premises for their purpose;
(d)	the standard of construction of the premises and the standard of the facilities and equipment on the premises;
(e)	the nature of the artificial breeding procedures to be carried out in pursuance of the licence;
and
(f)	any other relevant matter.

(2) If an application is made in respect of proposed premises, the Chief Inspector—

(a)	must determine whether he or she will grant a licence if the premises are completed substantially in accordance with the proposal and, if so, the conditions (if any) he or she will impose on the licence;
and
(b)	if he or she determines that a licence will be granted in those circumstances, is bound by that decision.

(3) It is a condition of a licence to conduct an artificial breeding centre that there be compliance in relation to artificial breeding procedures performed by the centre with—

(a)	the Code of Practice for Australian Livestock Artificial Breeding Centres published by the Australian Quarantine and Inspection Service, as in force from time to time;
and
(b)	the Minimum Health Standards for Stock Standing at Licensed or Approved Artificial Breeding Centres in Australia published by the Australian Quarantine and Inspection Service, as in force from time to time.

(4) The Chief Inspector may impose such further conditions on a licence to conduct an artificial breeding centre as the Chief Inspector thinks fit, including conditions—

(a)	limiting the species of stock in relation to which artificial breeding procedures may be carried out pursuant to the licence;
(b)	limiting the kinds of artificial breeding procedures that may be carried out pursuant to the licence;
(c)	regulating the use of facilities or equipment of a specified kind;
(d)	requiring that specified artificial breeding procedures be carried out by, or under the supervision of, a person with specified qualifications;
(e)	requiring that specified standards be observed in carrying out an artificial breeding procedure or in the use or maintenance of facilities or equipment;
(f)	regulating the keeping, management, examination or testing of stock;
(g)	requiring that specified records be kept;
(h)	otherwise regulating the conduct or management of the centre.

Offences in relation to licensed premises

18. A person must not, without the approval of the Chief Inspector—

(a)	alter or extend premises to which a licence to conduct an artificial breeding centre relates, or cause or permit such premises to be altered or extended;
(b)	use premises to which a licence to conduct an artificial breeding centre relates, or cause or permit such premises to be used, for the carrying out of artificial breeding procedures not authorized by the licence.

Penalty: Division 7 fine.

Obligation to be licensed to carry out artificial breeding procedure

19. (1) Subject to this regulation, a person must not carry out an artificial breeding procedure on any cattle, sheep, goats, pigs or horses unless the person holds a licence authorizing procedures of that kind.

Penalty: Division 7 fine.

(2) This regulation does not apply—

(a)	to the owner of stock, or an employee of such an owner, carrying out an artificial breeding procedure on those stock provided that, in the case of artificial insemination or embryo transfer, he or she uses semen or embryos derived from those stock or obtained from licensed premises;
or
(b)	to a person registered as a veterinary surgeon carrying out an artificial breeding procedure at licensed premises.

Licence to carry out artificial breeding procedure

20. (1) On due application for a licence authorizing specified artificial breeding procedures, the Chief Inspector must, subject to this Act, issue the applicant a licence, if satisfied that the applicant—

(a)	is a fit and proper person to hold a licence;
(b)	has qualifications and experience that the Chief Inspector considers appropriate having regard to the kind of procedures that the applicant would be authorized to perform if granted the licence.

(2) A licence may be granted on such conditions as the Chief Inspector considers

appropriate.

(3) The following categories of licences may be issued under this regulation:

(a)	inseminationofstocklicence—authorizingtheholdertocarryoutartificial insemination of stock;
(b)	semen collection and processing licence—authorizing the holder to collect semen from stock and process it;
(c)	embryo collection and processing licence—authorizing the holder to collect ova or embryos from stock and process them.

Records

21. A person who holds a licence under this Part must—

(a)	ensure that the animal from which any semen or embryos in his or her possession, custody or control have been collected and the place and date of collection can, at all times, be readily determined;
(b)	keep accurate records of all artificial breeding procedures carried out pursuant to the licence;
(c)	keep accurate records relating to the health of an animal from which semen or embryos have been collected pursuant to the licence.

Penalty: Division 8 fine.

Application for licence

22. (1) An application for a licence under this Part must—

(a)	be made to the Chief Inspector;
(b)	be made in a manner and form approved by the Chief Inspector;
and
(c)	be accompanied by the fee set out in schedule 1.

(2) An applicant for a licence must furnish the Chief Inspector with such information (verified, if the Chief Inspector so requires, by statutory declaration) or evidence of qualifications as the Chief Inspector may require.

Duration and renewal of licences

23. (1) Subject to these regulations, a licence under this Part remains in force until 30 June in the third year after its issue and may, from time to time, be renewed for successive periods of three years.

(2) An application for renewal of a licence must—

(a)	be made to the Chief Inspector at least three months before the expiry of the licence or such later time as the Chief Inspector may allow;
(b)	be made in a manner and form approved by the Chief Inspector;
and
(c)	be accompanied by the fee set out in schedule 1.

(3) On due application for renewal of a licence under this section, the Chief Inspector must

renew the licence.

(4) A licensee may at any time surrender the licence.

Conditions of licences

24. (1) A condition of a licence under this Part may be imposed, varied or revoked at any time by serving on the licensee written notice of the condition or the variation or revocation.

(2) Where a condition is imposed or varied after the grant of the licence, the new condition or variation takes effect 30 days after service of the notice or at such earlier date as is specified in the notice with the consent of the licensee.

(3) A licensee must not contravene or fail to comply with a condition of the licence.

Penalty: Division 7 fine.

Cancellation or suspension of licence

25. (1) Where the Chief Inspector is satisfied that a licensee—

(a)	has been guilty of improper conduct in relation to an artificial breeding procedure;
(b)	has contravened or failed to comply with a condition of the licence;
or
(c)	has been convicted of an offence against this Part,

the Chief Inspector may suspend the licence for a period not exceeding 1 year.

(2) Where a court finds a person guilty of an offence against this Part, the court may, in addition to imposing any other penalty—

(a)	if the person holds a licence under this Part, suspend or cancel that licence;
(b)	in any case, disqualify the person from holding or obtaining a licence under this Part for a specified period or until further order.

Appeal

26. (1) A right of appeal to a District Court lies against any decision or order of the Chief Inspector under this Part.

(2) The appeal must be instituted within one month of the making of the decision or order

appealed against.

(3) The District Court may, on the hearing of the appeal—

(a)	affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision or order that should have been made in the first instance;
(b)	remit the subject matter of the appeal to the Chief Inspector for further consideration;
(c)	make any further or other order as to costs or any other matter that the case requires.

(4) The Chief Inspector must, if so required by a person affected by a decision or order made by the Chief Inspector, state in writing the reasons for the decision or order.

(5) If the reasons of the Chief Inspector are not given in writing at the time of making a decision or order and the appellant within one month of the making of the decision or order requests the Chief Inspector to state his or her reasons in writing, the time for instituting the appeal runs from the time when the appellant receives the written statement of those reasons.

Additional inspector’s powers

27. (1) An inspector may, for the purposes of determining whether this Part is being or has been complied with—

(a)	examine, take samples from or test any semen, ova, embryos, equipment, article or substance used in or in connection with an artificial breeding procedure;
(b)	require the owner or person in charge of such semen, ova, embryos, equipment, article or substance to take it to a specified place;
(c)	examine, take samples from, test or, if authorized by the Chief Inspector, carry out any veterinary procedure on stock that have been or are about to be subjected to an artificial breeding procedure;
(d)	require the owner or person in charge of such stock to muster the stock at a specified place or to take the stock to a specified place.

(2) If a person refuses or fails to comply with a requirement of an inspector under this regulation, the inspector may take any necessary action, with or without assistance.

(3) The Minister may recover costs and expenses reasonably incurred by an inspector under subregulation (2) by action in a court of competent jurisdiction as a debt owed by the person of whom the requirement was made.

PART VI

DIAGNOSTIC LABORATORIES

Registration

28. (1) The Chief Inspector must keep a register of diagnostic laboratories.

(2) A person must not operate a diagnostic laboratory unless it is registered on the register kept under this regulation.

Penalty: Division 7 fine.

(3) An application for registration under this regulation must—

(a)	be made to the Chief Inspector;
and
(b)	be made in a manner and form approved by the Chief Inspector.

Duration and renewal of registration

29. (1) Subject to these regulations, registration remains in force until 30 June in the third year after registration and may, from time to time, be renewed for successive periods of three years.

(2) An application for renewal of registration must—

(a)	be made to the Chief Inspector at least three months before the expiry of registration or such later time as the Chief Inspector may allow;
and
(b)	be made in a manner and form approved by the Chief Inspector.

Supervision of laboratory

30. (1) A diagnostic laboratory must be supervised by a person or persons approved by the

Chief Inspector.

(2) In respect of the supervision of animal disease diagnosis carried out at a laboratory, the person must be a veterinary surgeon.

(3) In respect of the supervision of residue analysis carried out at a laboratory, the person must hold appropriate qualifications.

Animal disease diagnosis

31. The methods used at a diagnostic laboratory for animal disease diagnosis must conform to the Australian Standard Techniques for Animal Diseases published for the Australian Agricultural Council (Standing Committee on Agriculture) by CSIRO Australia, as in force from time to time.

Reporting positive results

32. Where a result from any test or analysis carried out at a diagnostic laboratory indicates that any stock or stock product is, or is likely to be, infected or contaminated with disease or residue, the result must be reported to the Chief Inspector by the quickest practicable means, together with such further information as the Chief Inspector may reasonably require.

Records

33. Records of results from each test or analysis carried out at a diagnostic laboratory must be kept for a period of at least seven years.

Specimens not to be imported or exported

34. A laboratory sample or specimen infected or suspected of being infected with disease must not, without the approval of the Chief Inspector—

(a)	be brought into a diagnostic laboratory from interstate or overseas;
or
(b)	be sent from a diagnostic laboratory out of the State.

Quality assurance programmes

35. A diagnostic laboratory must participate in a quality assurance programme approved by the Chief Inspector.

General offence

36. If there is default in complying with any of regulations 30 to 35, the person who

operates the diagnostic laboratory is guilty of an offence.

Penalty: Division 7 fine.

Adequacy of facilities and procedures, etc.

37. (1) An inspector may, at the direction of the Chief Inspector, carry out an investigation for the purposes of—

(a)	evaluating the facilities and equipment used in or in connection with a diagnostic laboratory;
(b)	evaluating the processes or procedures carried out at a diagnostic laboratory;
or
(c)	determining whether this Part is being or has been complied with.

(2) An inspector may, for the purposes of the investigation, examine, take samples from or test any equipment, article or substance used in or in connection with a diagnostic laboratory.

(3) Where the Chief Inspector is satisfied—

(a)	that the facilities or equipment used in or in connection with a diagnostic laboratory are inadequate or unsuitable for the purposes for which they are being used;
(b)	that any process or procedure carried out at the diagnostic laboratory is inadequate;
or
(c)	that there has been default in complying with these regulations,

the Chief Inspector may, by notice in writing to the person who operates the diagnostic laboratory, direct that specified action be taken within a specified period, or that specified action be refrained from, in order to redress the situation.

(4) A notice under subregulation (3) must briefly set out the reasons for the giving of the

notice.

(5) If a notice under subregulation (3) is not complied with, the registration of the diagnostic laboratory is, by force of this subregulation, suspended until the notice is complied with.

(6) Where registration of a diagnostic laboratory has been suspended by virtue of subregulation (5) for a continuous period of six months, the registration is, by force of this subregulation, cancelled.

(7) The Chief Inspector may cause notice of a suspension or cancellation under this regulation to be published in a newspaper circulating generally throughout the State.

Appeal

38. (1) A right of appeal to a District Court lies against a notice given by the Chief Inspector under regulation 37.

(2) The appeal must be instituted within one month of the giving of the notice appealed

against.

(3) The District Court may, on the hearing of the appeal—

(a)	affirm, vary or quash the notice appealed against, or substitute a notice that should have been given in the first instance;
(b)	remit the subject matter of the appeal to the Chief Inspector for further consideration;
(c)	make any further or other orders as to costs or any other matter that the case requires.

(4) If an appeal under this regulation has been instituted, or is intended, the Chief Inspector or the District Court may suspend the operation of regulation 37(5) and (6) until the determination of the appeal.

(5) A suspension under subregulation (4) may be terminated if the intended appeal is not in fact instituted or if the appeal is withdrawn or lapses.

SCHEDULE 1

Fees

Issue or renewal of licence:

insemination of stock. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $50

semen collection and processing	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .	$50
embryo collection and processing	.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .	$50

If a person holds one of the above categories of licences, no fee will be charged for the issue or renewal

of a licence of any other of those categories.

Issue or renewal of licence:

licence to conduct an artificial breeding centre .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . $250

SCHEDULE 2

Transitional Provisions

Artificial breeding

1. (1) Subject to subclause (2), a person who, immediately before the commencement of the Act, held an approval under regulation 49 of the Stock Diseases Regulations 1962 in relation to the artificial insemination of stock is exempt from the requirement to be licensed under regulation 19 for a period of three months after the commencement of the Act, or the remainder of the term (if any) for which the approval was last given, whichever is the lesser.

(2) An exemption under subclause (1) is subject to the condition that the person complies with any conditions to which the approval was subject.

(3) Where, immediately before the commencement of the Act, a collection centre was approved under regulation 51 of the Stock Diseases Regulations 1962, the person who conducts the centre will be taken to hold a licence to conduct an artificial breeding centre under regulation 16 and the licence will be taken to be subject to any conditions to which the approval was subject and to remain in force for the period for which the approval was last given.

Diagnostic laboratories

2. (1) Where, immediately before the commencement of the Act, a person had the consent of the Minister under section 28b of the Stock Diseases Act 1934 to establish, use or permit the use of a laboratory for certain purposes, the laboratory is, subject to subclause (2), exempt from the requirement to be registered under regulation 28 for a period of three months after the commencement of the Act, or the remainder of the term (if any) for which the consent was last given, whichever is the lesser.

(2) An exemption under subclause (1) is subject to the condition that any conditions to which the consent was subject are complied with.

APPENDIX 1

LEGISLATIVE HISTORY

Regulation 2:	definition of "pastured" inserted by 228, 1993, reg. 3
Regulation 4(1):	varied by 228, 1993, reg. 4; 201, 1995, reg. 3(a), (b)
Regulation 4(4):	varied by 201, 1995, reg. 3(c)
Regulation 5:	substituted by 201, 1995, reg. 4
APPENDIX 2

DIVISIONAL PENALTIES AND EXPIATION FEES

At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division Maximum Maximum Expiation

imprisonment fine fee

1	15 years	$60 000	—
2	10 years	$40 000	—
3	7 years	$30 000	—
4	4 years	$15 000	—
5	2 years	$8 000	—
6	1 year	$4 000	$300
7	6 months	$2 000	$200
8	3 months	$1 000	$150

9	—	$500	$100
10	—	$200	$75
11	—	$100	$50
12	—	$50	$25

Note: This appendix is provided for convenience of reference only.