Untitled document

Livestock Disease Control (Amendment)

Regulations 2003

S.R. No. 37/2003

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Commencement	2
4.	Principal Regulations	2
5.	Objectives amended	2
6.	Definitions amended	2
7.	Notification of livestock diseases	2
8.	Identification of livestock	4
9.	Tattoos and ear and tail tags	4
10.	Regulation 10 revoked	4
11.	Prescribed circumstances	4
12.	Regulation 12(3) revoked	4
13.	New regulations 15B and 15C inserted	5
15B.	Disclosure of Identification Information	5
15C.	Prescribed Acts	6
14.	Regulation 16 revoked	6
15.	Prohibition on the introduction of quarantined livestock	6

18.          Prohibition on the introduction of livestock subject to

quarantine or restrictions on movement 6

16.      Restrictions on the introduction of bees, livestock product of

bees and apiary fittings into Victoria 7

17.

Standards for testing 7

18.

Records to be kept in relation to laboratory examinations 7

19.

Restrictions on the use of vaccines for certain diseases 7

20.

Test for Pollorum disease 8

21.

Time limits for applying for compensation 8

22.

New regulations 37B and 37C inserted 9

37B.	Records of purchase	9
37C.	Notification about livestock slaughter or disposal	9

23.

Livestock health within licensed premises 10

24.

Regulation 44 revoked 10

25.

Schedule 2 amended 10

i

Regulation Page

26.	New Schedule 3 substituted	11
SCHEDULE 3—Ear and Tail Tags for Cattle and Tattoo

Brands for Pigs 11

27.	Schedule 9 amended	15
28.	New Schedule 10 inserted	16
SCHEDULE 10—Prescribed Acts of the Commonwealth and

States and Territories of the Commonwealth	16
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ENDNOTES 19

ii

STATUTORY RULES 2003

S.R. No. 37/2003

Livestock Disease Control Act 1994

Livestock Disease Control (Amendment)

Regulations 2003

The Governor in Council makes the following Regulations:
Dated: 20 May 2003

Responsible Minister:

BOB CAMERON

Minister for Agriculture

HELEN DOYE

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 to be recorded and provided by abattoirs;
(b)	to prescribe the time and the particulars of notification for livestock disease;
(c)	to prescribe the persons, bodies or organisations to which the Secretary may release certain information;

(d) to make other various amendments.

2. Authorising provision

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

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3. Commencement

These Regulations come into operation on 23 May

2003.

4. Principal Regulations

In these Regulations, the Livestock Disease
Control Regulations 19951 are called the Principal

Regulations.

5. Objectives amended

In regulation 1 of the Principal Regulations, after

"prevention" insert ", monitoring".

6. Definitions amended

In regulation 5 of the Principal Regulations—

(a) in the definition of "Government veterinary officer"—

(i) for "surgeon" substitute "practitioner";

(ii) for "1989" substitute "1998";

(b) for the definition of "veterinary surgeon"

substitute

' "veterinary practitioner" means a person registered as a veterinary practitioner under the Veterinary Practice Act 1997.'.

7. Notification of livestock diseases

(1) In regulation 6(1)(b) of the Principal Regulations

omit "in the form of Part C of Schedule 2".

(2) After regulation 6(1) of the Principal Regulations

insert

"(1A) For the purposes of section 7(3) of the Act, in the case of a person who notifies the presence of a disease listed in Part B of Schedule 2 under sub-regulation (1)(b), the

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prescribed manner is a notification that

contains the following particulars

(a) the species of the livestock or the species from which the livestock product was derived;

(b) the property identification number;

(c) the disease suspected to be present;

(d)

the address or description of the product or hives were observed;

(e) the date of onset of signs or symptoms;

(f)	the age of the livestock suspected to be affected by the disease;
(g)	whether specimens have or have not been submitted to a laboratory for the purpose of determining whether it is infected with any disease;
(h)	the name and address of the laboratory to which a specimen has been sent (if any);

(i)  name and address of the owner of the animal or hive (if known);

(j)

name, address, telephone number and notification;

(k) date of signing the notification.".

(3) In regulation 6 of the Principal Regulations—

(a)

in sub-regulation (2)(b), for "surgeon" "practitioner";

(b) in sub-regulation (3), for "surgeon" substitute "practitioner".

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8. Identification of livestock

(1) In regulation 7(2) of the Principal Regulations, for

"A pig must be identified with the" substitute
"The prescribed manner of identification for the
purposes of section 9 of the Act is, for a pig, by
means of a".

(2) For regulation 7(3) of the Principal Regulations

substitute

"(3) The prescribed manner of identification for

the purposes of section 9 of the Act is, for

cattle, by means of an ear tag or tail tag that

sets out

(a) the number allocated by the Secretary identifying the property at which the cattle were kept for 7 days before the application of the tag; and

(b) the particulars required by this Part.".

9. Tattoos and ear and tail tags

In regulation 8(1) of the Principal Regulations, for
"Cattle" substitute "The prescribed manner of
identification for the purposes of section 9 of the

Act for cattle".

10. Regulation 10 revoked

Regulation 10 of the Principal Regulations is revoked.

11. Prescribed circumstances

In regulation 11(b) of the Principal Regulations, after "arriving at that property" insert "or, if moved within 30 days after arriving at that property, before removal from that property".

12. Regulation 12(3) revoked

Regulation 12(3) of the Principal Regulations is revoked.

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13. New regulations 15B and 15C inserted

After regulation 15A of the Principal Regulations insert—

"15B. Disclosure of Identification Information

For the purposes of section 107B(4)(a) of the Act, a record maintained by the Secretary under section 107B(1)(c) of the Act relating to an application for a property identification number under section 9B of the Act and the code or number allocated under that section, may be made available to the following

persons

(a)	an employee, a director or a person appointed in writing by the directors of Meat & Livestock Australia Limited (ACN 081 678 364);
(b)	a person declared to be an approved agent under section 94 of the Act;
(c)	a member of staff of a municipal council responsible for the conduct or facilitation of livestock sales at a saleyard operated or managed by the council;
(d)	a person who operates a saleyard for the purpose of trading livestock or an employee of that person;
(e)	an operator of an abattoir or knackery licensed as a meat processing facility under the Meat Industry Act 1993 or a
corresponding law of the Commonwealth and any employee of an operator nominated by the operator and notified in writing to the Secretary;

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(f) a person authorised under section 9C(1) of the Act to make or sell a tag or a marking, branding or identification device.

15C. Prescribed Acts

For the purposes of section 107B(4)(b) of the
Act, the Acts listed in Schedule 10 are the
prescribed Acts of the Commonwealth or a

State or Territory of the Commonwealth.".

14. Regulation 16 revoked

Regulation 16 of the Principal Regulations is revoked.

15.  Prohibition on the introduction of quarantined livestock

For regulation 18 of the Principal Regulations substitute—

"18. Prohibition on the introduction of livestock

subject to quarantine or restrictions on
movement

A person must not, without the written approval of the Secretary, introduce, or cause to be introduced, into Victoria from any

State or Territory livestock which are

(a)	from a quarantine area under the laws of that State or Territory; or
(b)	subject to restrictions on movement under the laws of that State or Territory.".

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16.  Restrictions on the introduction of bees, livestock product of bees and apiary fittings into Victoria

(1) For regulation 22(1)(a)(ii) of the Principal

Regulations substitute

"(ii) under the laws of the State or Territory of

origin—

(A) not in an area that is a declared

quarantine area; and

(B) not in an area in quarantine for a

disease of bees; and

(C) not in a declared prohibited zone;".

(2) In regulation 22(3) of the Principal Regulations, for "territory" substitute "Territory".

17. Standards for testing

In regulation 23 of the Principal Regulations, after "1993" insert "as amended and in force from time to time".

18.  Records to be kept in relation to laboratory examinations

In regulation 24(1)(d) of the Principal

Regulations

(a)	omit "in the case of a sample or specimen from cattle or pigs,";
(b)	for "the cattle or pigs" substitute "livestock, if any".

19. Restrictions on the use of vaccines for certain diseases

(1) In regulation 26(1) of the Principal Regulations

(a)

in Column 3 of the Table, for "surgeon" "practitioner";

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(b)	in Column 3 of the Table, in the item relating to "Johne's disease", after "inspector" insert "or a person authorised in writing by the Secretary to administer the vaccine";
(c)	in Column 2 of the table, in the item relating to "Piroplasmosis", after "vaccination" insert "unless otherwise approved in writing by the Secretary";
(d)	in Column 3 of the Table, in the item relating to "Piroplasmosis", after "inspector" insert "or a person authorised by the Secretary to administer the vaccine";
(e)	in Column 3 of the Table, in the item relating to "Exotic disease", after "inspector" insert "or a person authorised in writing by the Secretary to administer the vaccine".

(2) In regulation 26(3) of the Principal Regulations—

(a)	for "calves" (where twice occurring) substitute "livestock";
(b)	for "in the right ear" substitute "in an ear, or in an alternative manner approved in writing by the Secretary".

20. Test for Pollorum disease

In regulation 30(1)(b) of the Principal in force from time to time".

21. Time limits for applying for compensation

In regulation 34(b) of the Principal Regulations, after "bees" (where first occurring) insert ", sheep, goats".

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22. New regulations 37B and 37C inserted

After regulation 37A of the Principal Regulations insert—

'37B. Records of purchase

For the purposes of section 94A(2) of the

Act—

(a)	a prescribed business is a business that involves the purchase of livestock for a purpose other than immediate slaughter or disposal;
(b)	the prescribed particulars of a business

referred to in paragraph (a) are

(i)  the name and address of the purchaser of livestock;

(ii)  the property identification number of the next property on which the cattle are to be kept.

37C. Notification about livestock slaughter or

disposal

For the purposes of section 94B(a)(iv) of the Act, the prescribed information in relation to individual cattle, other than calves which are less than 6 weeks of age, is—

(a) chilling and after bleeding, skinning,

the weight of the carcase prior to standard carcase weight"); or

(b) the weight of the carcase immediately after slaughter prior to the evisceration and the removal of the hide ("slaughter weight").'.

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23. Livestock health within licensed premises

In regulation 39 of the Principal Regulations, for

"surgeon" substitute "practitioner".

24. Regulation 44 revoked

Regulation 44 of the Principal Regulations is revoked.

25. Schedule 2 amended

In Schedule 2 to the Principal Regulations—

(a)

in Part A, in Table 2 for

"American foul brood	Bee louse (Braula
disease	coeca)"

substitute

"American foul brood	Braula fly (Braula
disease	coeca)";

Small hive beetle (Aethina tumida)

(b) in Part B, in Table 1—

(i)

after "Bovine malignant catarrh" insert over 2 cm in size";

(ii) omit "Malignant tumour";

(c) in Part B, in Table 3

(i)  for "infection other than in goldfish" substitute "(atypical strains)";

(ii) for "Bonamiasis" substitute
"Bonamiosis (Bonamia sp.)";

(d) Part C is revoked.

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26. New Schedule 3 substituted

For Schedule 3 to the Principal Regulations

substitute

"SCHEDULE 3

Regulations 8 and 29

EAR AND TAIL TAGS FOR CATTLE AND TATTOO

BRANDS FOR PIGS

PART A

Regulation 8(1)(a)

Tags for cattle which are more than 6 weeks of age and which are not cattle introduced from another State or

Territory

1. Ear-tags

HGP Free

3

SN

Pink tag, black lettering

or

3

SN

White, green, yellow or red tag, black lettering
Where—

3 is the Victorian property identification number allocated by the Secretary under section 9B of the Act to the cattle owner.

SN is the serial number of the tag.

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2.   Tail tags

(a) for vinyl wrap around tail tags in the following form—

(A) 3
SN

White or green tag

Black lettering

Red or green tag

Black lettering

(B) 3
HGP Free
SN

Pink tag

Black lettering

Where—

3

is the Victorian property identification section 9B of the Act to the cattle owner.

SN is the serial number of the tag.

(b) for plastic ratchet tail tags—

SN
3

White or green tag, black lettering or

SN
3

HGP Free

Pink tag, black lettering

Where—

3

is the Victorian property identification section 9B of the Act to the cattle owner.

SN is the serial number of the tag.

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PART B

Regulation 8(1)(b)

Ear tags for cattle less than 6 weeks of age and pigs less

than 25 kilograms in weight

Plastic tags in the following form for cattle less than

6 weeks of age.

White tag

Black lettering

Where—

3 is the Victorian property identification number allocated by the Secretary under section 9B of the Act to the cattle owner.

SN is the serial number of the tag.

Plastic ear tags in the following form for pigs less than

25 kilograms in weight.

White tag

Black lettering

Where—

3ABC is the Victorian property identification number

allocated by the Secretary under section 9B of the

Act to the pig owner.

PART C

Regulation 8(1)(c) and regulation 8(4)

Tattoo brands for pigs

3 A B C

Where—

3ABC is the Victorian property identification number

allocated by the Secretary under section 9B of the
Act to the pig owner.

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The letters must be at least 20mm high, 12mm wide and

2⋅5mm apart.

The pins producing the tattoo must be tapered needles at
least 6⋅8mm long set so that the needles are no more than

2⋅5mm between centres.

PART D

Regulation 8(2)

Temporary ear tag for cattle less than 6 weeks of age

and pigs less than 25 kilograms in weight

Plastic ear tags in the following form—

White tag

Black lettering

Where—

V	is for Victoria;
*	identifies the region of Victoria where the tag was applied;
SN	is the serial number of the tag.

PART E

Regulation 8(3)

Temporary tail tag for cattle that have no tail tag or ear

tag

V SN

αβ
White tag

Black lettering

Where—

V	is for Victoria;
SN	is the serial number of the tag.
αβ	are letters signifying an inspectors district.

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PART F

Section 45(1)(B)

Regulation 29

Ear tag for cows, goats and sheep prohibited for

dairying

MILKING

PROHIBITED

SN

DO NOT REMOVE

Red tag

black lettering

Where—

SN is the serial number of the tag.

__________________".

27. Schedule 9 amended

In Schedule 9 to the Principal Regulations—

(a)	for "Authorised Veterinary Surgeon" substitute "Authorised Veterinary Practitioner";
(b)	for "surgeon" (wherever occurring) substitute "practitioner".

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28. New Schedule 10 inserted

After Schedule 9 to the Principal Regulations

insert

"SCHEDULE 10

Regulation 15C

PRESCRIBED ACTS OF THE COMMONWEALTH AND STATES AND TERRITORIES OF THE

COMMONWEALTH

Acts of the Commonwealth

Agricultural and Veterinary Chemicals Act 1994
Export Control Act 1982

Quarantine Act 1908

Acts of the State of New South Wales

Apiaries Act 1985
Exotic Disease of Animals Act 1991
Fisheries Management Act 1994
Pesticides Act 1999
Stock Diseases Act 1923

Stock Medicines Act 1989

Acts of the State of South Australia

Agricultural and Veterinary Chemicals (South

Australia) Act 1994

Agricultural Chemicals Act 1955
Fisheries Act 1982
Livestock Act 1997
Stock Foods Act 1941
Stock Medicines Act 1939

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Acts of the State of Queensland

Agricultural and Veterinary Chemicals (Queensland)

Act 1994

Agricultural Chemicals Distribution Control Act 1966

Agricultural Standards Act 1994

Apiaries Act 1982

Chemical Usage (Agricultural and Veterinary) Control

Act 1988

Exotic Diseases in Animals Act 1981
Fisheries Act 1994

Stock Act 1915

Acts of the State of Tasmania

Agricultural and Veterinary Chemicals (Tasmania)

Act 1994

Animal (Brands and Movement) Act 1984
Animal Health Act 1995

Acts of the State of Western Australia Aerial Spraying Control Act 1966 Agriculture and Related Resources Protection Act

1976

Agricultural and Veterinary Chemicals (Western

Australia) Act 1995

Agricultural Produce (Chemical Residues) Act 1983
Beekeepers Act 1963
Cattle Industry Compensation Act 1965
Exotic Diseases of Animals Act 1993
Explosive and Dangerous Goods Act 1961
Health Act 1911
Pig Industry Compensation Act 1942
Poisons Act 1964
Stock Diseases (Regulations) Act 1968

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Stock (Identification and Movement) Act 1970

Veterinary Preparations and Animal Feeding Stuffs

Act 1976

Acts of the Northern Territory

Agricultural and Veterinary Chemicals (Northern

Territory) Act

Fisheries Act
Poisons and Dangerous Drugs Act
Stock Diseases Act

Territory Parks and Wildlife Conservation Act

Acts of the Australian Capital Territory

Animal Diseases Act 1993

Stock Act 1991

__________________".

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Livestock Disease Control (Amendment) Regulations 2003

Endnotes

S.R. No. 37/2003

ENDNOTES

1 S.R. No. 170/1995. Reprint No. 2 as at 28 October 1999. Subsequently

amended by S.R. Nos 81/2001 and 156/2001.