Untitled document

Livestock Disease Control Amendment Regulations 2016

S.R. No. 145/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Prescribed livestock and prescribed requirements for the purposes of section 8A of the Act

6Prescribed manner of identification for sheep and goats—regulation 10 substituted and new regulations 10A, 10B and 10C inserted

7Expiry of regulations

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Endnotes

STATUTORY RULES 2016

S.R. No. 145/2016

Livestock Disease Control Act 1994

Livestock Disease Control Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 13 December 2016

Responsible Minister:

JAALA PULFORD
Minister for Agriculture

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Livestock Disease Control Regulations 2006 to prescribe livestock for the purposes of the Act, prescribe particulars and periods for record‑keeping purposes and prescribe the manner of permanent identification for sheep and goats.

2Authorising provision

These Regulations are made under section 139 of the Livestock Disease Control Act 1994.

3Commencement

These Regulations come into operation on 1 January 2017.

4Principal Regulations

In these Regulations, the Livestock Disease Control Regulations 2006[1] are called the Principal Regulations.

5Prescribed livestock and prescribed requirements for the purposes of section 8A of the Act

After regulation 6 of the Principal Regulations insert—

"Part 2A—Requirements for vendor declaration when livestock are moved

6APrescribed particulars to be included in vendor declaration by first owner

For the purposes of section 8A(2)(c)(vii) of the Act, the prescribed particulars are—

(a)in the case of cattle, pigs, sheep and goats—

(i)the name of the owner of the livestock or the trading name of the owner of the livestock; and

(ii)the physical address of the place from which the livestock are being moved; and

(iii)the unique serial number on the form approved by the Secretary (if any) under section 8A(2)(b); and

(iv)the property identification code of the property of destination or, if not known, the name of the owner of the property of destination and the address; and

(v)any other particulars prescribed in paragraphs (b) and (c); and

(b)in the case of pigs, sheep and goats—whether the livestock have been bred by the owner making the declaration; and

(c)in the case of pigs that are branded or tattooed—the tattoo or brand number.

6BPrescribed period for which vendor declaration to be kept when ownership does not change

For the purposes of section 8A(4) of the Act, the prescribed period is—

(a)in the case of cattle—7 years; and

(b)in the case of pigs—2 years; and

(c)in the case of sheep or goats, (unless the first owner uploads an electronic or scanned copy of the vendor declaration to the NLIS database)—7 years.

6CPrescribed period within which livestock agent to give vendor declaration to new owner

For the purposes of section 8A(6) of the Act, the prescribed period is—

(a)in the case of cattle—

(i)where the cattle are being moved from a saleyard to an abattoir, whichever is the sooner of midnight on the day of sale or before the cattle are slaughtered at the abattoir; and

(ii)in any other case—within 2 working days; and

(b)in the case of pigs—by the time of delivery; and

(c)in the case of sheep or goats—

(i)where the sheep or goats are being moved from a saleyard to an abattoir, by midnight on the day of sale; and

(ii)in any other case—within 2 working days.

6DPrescribed document and particulars for document relating to movement of livestock

For the purposes of section 8A(6)(b) of the Act, the prescribed document, in the case of pigs, sheep and goats consigned to an abattoir, is a document that sets out the details of the sale of the livestock and includes the following particulars—

(a)in the case of livestock that are sold through a saleyard operator—the property identification code of the saleyard operator;

(b)the date of sale;

(c)the property identification code of the vendor of the livestock;

(d)the number of livestock sold;

(e)the unique serial number on the form approved by the Secretary (if any) under section 8A(2)(b);

(f)whether the livestock were bred by the vendor;

(g)in the case of sheep or goats—any other property identification code recorded on the form approved by the Secretary under section 8A(2)(b) or detected during verification of identification of the livestock.

6EPrescribed period to keep a vendor declaration by person giving a vendor declaration

For the purposes of section 8A(7) of the Act, the prescribed period is—

(a)in the case of pigs—2 years; and

(b)in the case of sheep or goats (unless an electronic or scanned copy of the form approved by the Secretary under section 8A(2)(b) is uploaded to the NLIS database)—

(i)in the case of a stock and station agent—2 years; and

(ii)in any other case—7 years; and

(c)in the case of cattle—

(i)in the case of a stock and station agent—2 years; and

(ii)in any other case—7 years.

6FPrescribed period for person to keep vendor declaration or document under regulation 8A(6)(b)

For the purposes of section 8A(8) of the Act, the prescribed period is—

(a)in the case of a document referred to in section 8A(3)—

(i)in the case of pigs—2 years; and

(ii)in the case of cattle, sheep and goats—7 years; and

(b)in the case of a document referred to in section 8A(6), in the case of any person other than a saleyard operator—2 years.

6GPrescribed livestock for the purposes of section 8A of the Act

For the purposes of section 8A(9) of the Act, the prescribed livestock are cattle, pigs, sheep and goats.".

6Prescribed manner of identification for sheep and goats—regulation 10 substituted and new regulations 10A, 10B and 10C inserted

For regulation 10 of the Principal Regulations substitute—

"10   Prescribed manner of identification for sheep and goats

For the purposes of sections 9 and 9A of the Act, the prescribed manner of identification of sheep and goats born before 1 January 2017 is—

(a)in accordance with regulation 10A (as if the sheep or goat were born after 1 January 2017); or

(b)if a sheep or goat is not identified in accordance with paragraph (a)—

(i)by means of an NLIS ear tag that sets out the property identification code identifying the property at which the sheep or goat was born (breeder tag); and

(ii)if the sheep or goat has moved off the property of birth—

(A)by means of an NLIS ear tag that identifies the property at which the sheep or goat was kept immediately before being dispatched, sold, transported, slaughtered or disposed of (post-breeder tag); or

(B)by recording the property identification code from the breeder tag and any post‑breeder tag present on the sheep or goat onto the vendor declaration required under section 8A of the Act.

10APrescribed manner of identification for sheep and goats born on or after 1 January 2017

For the purposes of sections 9 and 9A of the Act, the prescribed manner of identification of sheep or goats born on or after 1 January 2017 is—

(a)by means of an NLIS device that sets out the property identification code identifying the property at which the sheep or goat was born (breeder electronic tag); or

(b)if a sheep or goat has moved off the property of birth and is not identified with a breeder electronic tag or the breeder electronic tag is not functioning, by means of an NLIS device that identifies the property at which the sheep or goat was kept immediately before being dispatched, sold, transported, slaughtered or disposed of (post-breeder electronic tag); or

(c)if a sheep or goat has moved off the property of birth and the post-breeder electronic tag is not functioning, by means of an NLIS device that identifies the property at which the sheep or goat was kept immediately before being dispatched, sold, transported, slaughtered or disposed of; or

(d)if a sheep or goat has moved off the property of birth and is identified by means of a post-breeder electronic tag in accordance with paragraph (b) that is functioning, by that means.

10BRegulations 10 and 10A do not apply to certain goats

Regulations 10 and 10A do not apply to a goat of the breed Alpine, Anglo Nubian, Australian Brown, British Alpine, Elf, Lamancha, Melaan, Nigerian Dwarf, Saanen or Toggenburg.

10CNon-functioning tag may be removed

For the purposes of section 9A(2)(c) of the Act, an NLIS ear tag or an NLIS device may be removed if the removal is to allow identification in accordance with regulation 10A(b) and (c).".

7Expiry of Regulations

These Regulations expire on 18 December 2017.

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Endnotes

[1] Reg. 4: S.R. No. 172/2006 as amended by S.R. Nos 39/2010, 129/2012 and 130/2012.