Untitled document

Livestock Disease Control (Amendment) Regulations 2004

S.R. No. 1/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.New Division heading

6.New regulation 37AA inserted

37AA.Property identification numbers

7.Records of sale

8.Records of purchase

9.New Division 2 inserted

Division 2—Information about the Identification of Livestock

37D.Application of this Division

37E.Meaning of "sale information"

37F.Cattle scale operator to record sale information and notify Secretary

37G.Auctioneer of cattle outside of a saleyard to record sale information and notify Secretary

37H.Auctioneer of cattle at a saleyard to provide information to saleyard operator

37I.Saleyard operator to record sale information and notify Secretary

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STATUTORY RULES 2004

S.R. No. 1/2004

Livestock Disease Control Act 1994

Livestock Disease Control (Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 20 January 2004

Responsible Minister:

BOB CAMERON
Minister for Agriculture

STEPHANIE LENN

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Livestock Disease Control Regulations 1995—

(a)to prescribe information required for records of sale and purchase of livestock; and

(b)to make provision for the recording of information about the identification of cattle.

2.Authorising provision

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

3.Commencement

These Regulations come into operation on 23 January 2004.

4.Principal Regulations

In these Regulations, the Livestock Disease Control Regulations 1995[1] are called the Principal Regulations.

5.New Division heading

After the heading "PART 7A—RECORDS OF SALE" of the Principal Regulations insert—

"Division 1—Records of Sale and Purchase".

6.New regulation 37AA inserted

Before regulation 37A of the Principal Regulations insert—

"37AA.Property identification numbers

For the purposes of this Part, if a property identification number is to be used—

(a)the property identification code or number allocated by the Secretary under section 9B of the Act must be used; or

(b)if the livestock—

(i)were held on a property in a State or Territory other than Victoria before the sale; or

(ii)are to be held on a property in a State or Territory other than Victoria after the sale—

the property identification code or number applied in accordance with the laws of that State or Territory must be used; or

(c)if a property identification number or code has not been allocated by the Secretary under section 9B of the Act, or in accordance with the laws of a State or Territory other than Victoria, the address of the property (not being a saleyard) on which the livestock were held before the sale or are to be held after the sale (as required by this Part) may be used.".

7.Records of sale

(1)In regulation 37A(1) of the Principal Regulations—

(a)after paragraph (a) insert—

"(ab)a prescribed business is an auctioneer;";

(b)for paragraph (b)(vii) substitute—

"(vii)in the case of cattle, the property identification number for the property where the cattle—

(A)were held before the sale (not being the saleyard where the cattle were sold);

(B)are to be held after the sale, if provided by the purchaser of the cattle.".

(2)Regulation 37A(2) of the Principal Regulations is revoked.

8.Records of purchase

In regulation 37B of the Principal Regulations—

(a)for paragraph (a) substitute—

"(a)a prescribed business is—

(i)a cattle scale operator; or

(ii)a farmer; or

(iii)a grazier; or

(iv)a livestock buyer;";

(b)after paragraph (a) insert—

"(ab)a prescribed species of livestock is cattle;";

(c)in paragraph (b), for "prescribed particulars of a business referred to in paragraph (a)" substitute "prescribed particulars about the livestock purchased";

(d)for paragraph (b)(ii) substitute—

"(ii)the property identification number for the property where the livestock are to be held after the sale;";

(e)after paragraph (b) insert—

"(c)a prescribed seller is a person who carries on business as—

(i)an auctioneer; or

(ii)a cattle scale operator.".

9.New Division 2 inserted

After regulation 37C of the Principal Regulations insert—

'Division 2—Information about the Identification of Livestock

37D.Application of this Division

(1)This Division applies to cattle identified by a device—

(a)that—

(i)is made or sold by a person authorised in writing by the Secretary to make or sell identification devices intended for identifying livestock for the purposes of section 9 or 9A of the Act; or

(ii)complies with the laws of a State or Territory other than Victoria that correspond with section 9 or 9A of the Act; and

(b)that contains a microchip from which the information recorded on the microchip can be retrieved electronically.

(2)This Division does not apply to cattle sold—

(a)at a public auction conducted entirely by electronic means; or

(b)for slaughter within the 7 day period immediately after the sale.

37E.Meaning of "sale information"

In this Division, "sale information", in relation to cattle referred to in regulation 37D(1), means—

(a)the identification code and number incorporated in the electronic microchip; and

(b)the serial number on the vendor declaration form accompanying the cattle (if supplied by the vendor to the person conducting the public auction or to the person carrying on a business as a cattle scale operator); and

(c)the date of the sale; and

(d)the property identification number for the property where the cattle were held before the sale (not being the saleyard where the cattle were sold); and

(e)the property identification number for the property where the cattle are to be held after the sale, if provided by the purchaser of the cattle.

37F.Cattle scale operator to record sale information and notify Secretary

A person who carries on business as a cattle scale operator must—

(a)record the sale information for each head of cattle sold in the manner approved by the Secretary by notice published in the Government Gazette; and

(b)notify the Secretary or a person nominated by the Secretary of that sale information by close of business on the next day after the sale of the cattle, in the manner and by the method of transmission approved by the Secretary by notice published in the Government Gazette.

Penalty:5 penalty units.

37G.Auctioneer of cattle outside of a saleyard to record sale information and notify Secretary

A person who conducts a public auction of cattle, other than at a saleyard, must—

(a)record the sale information for each head of cattle sold in the manner approved by the Secretary by notice published in the Government Gazette; and

(b)notify the Secretary or a person nominated by the Secretary of that sale information by close of business on the next day after the sale of the cattle, in the manner and by the method of transmission approved by the Secretary by notice published in the Government Gazette.

Penalty:5 penalty units.

37H.Auctioneer of cattle at a saleyard to provide information to saleyard operator

A person who conducts a public auction of cattle at a saleyard must for each head of cattle sold at that auction provide—

(a)the property identification number for the property where the cattle were held before the sale; and

(b)the property identification number for the property where the cattle are to be held after the sale, if provided by the purchaser of the cattle; and

(c)the serial number on the vendor declaration form accompanying the cattle (if supplied by the vendor to the person conducting the public auction)—

to the operator of that saleyard by midday on the next day after the sale of the cattle.

Penalty:5 penalty units.

37I.Saleyard operator to record sale information and notify Secretary

A person who operates a saleyard at which cattle are sold must—

(a)record the sale information for each head of cattle sold in the manner approved by the Secretary by notice published in the Government Gazette; and

(b)notify the Secretary or a person nominated by the Secretary of that sale information by close of business on the next day after the sale of the cattle, in the manner and by the method of transmission approved by the Secretary by notice published in the Government Gazette.

Penalty:5 penalty units.'.

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ENDNOTES

[1] Reg. 4: S.R. No. 170/1995.  Reprint No. 2 as at 28 October 1999.  Subsequently amended by S.R. Nos 81/2001, 156/2001 and 37/2003.