Animal Diseases Act 2005

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Animal Diseases Act 2005 A2005-18 Republication No 23 Effective: 23 June 2021 Republication date: 23 June 2021 Last amendment made by A2021-12 http://www.legislation.act.gov.au/a/2021-12/ Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Animal Diseases Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 June 2021. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 23 June 2021. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Animal Diseases Act 2005 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Objects of Act 2 4 Dictionary 2 5 Notes 3 6 Offences against Act—application of Criminal Code etc 3 Part 2 Chief veterinary officer 7 Appointment of chief veterinary officer 4 8 Delegation by chief veterinary officer 4 Part 3 Exotic and endemic diseases of animals Division 3.1 General 9 Meaning of infected 5 10 Declarations under pt 3 5 Contents Page contents 2 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Certificate of freedom from disease 6 Division 3.2 Exotic diseases 12 Declaration of exotic disease 7 13 Notification of exotic disease 7 14 Directions to control spread of exotic disease 7 15 Import restrictions 8 Division 3.3 Endemic diseases 16 Declaration of endemic disease 10 17 Notification of endemic disease 10 18 Directions to control spread of endemic disease 11 Division 3.4 Quarantine areas 19 Exotic disease quarantine area 12 20 Endemic disease quarantine area 12 21 Content of quarantine declarations 13 22 Offence—contravening restriction in quarantine declaration 13 23 Quarantine notices 14 24 Offence—movement of animals 14 24A Authorisation for activity movements in quarantine area 14 24B Person conducting activity to comply with conditions 16 24C Person conducting activity to keep records 16 25 Removal of refuse from quarantine area 17 26 Court proceedings about exotic disease declaration 17 Division 3.5 Destruction of animals and other things 27 Destruction of infected animals etc—endemic disease 17 28 Compensation for animal etc destroyed—endemic disease 18 29 Destruction of infected animals etc—exotic disease 19 30 Compensation for animal etc destroyed—exotic disease 20 31 Compensation for death of animal from exotic disease 20 Division 3.6 Offences generally 32 Spreading disease 21 33 Use of vaccines etc 21 34 Feeding of prohibited pig feed to controlled stock 22 34A Foot-and-mouth disease outbreak 24 35 Selling, disposing of or abandoning infected animals 24 Contents Page R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 36 Interference with structures securing infected animals 25 Part 4 National livestock identification system Division 4.1 General 37 Definitions—pt 4 26 Division 4.2 Identification codes 38 Allocating identification codes 27 39 Applying for property identification code 28 40 Responsible person for property with property identification code must update details 29 41 Applying for agent identification code 29 42 Stock and station agent must update details of agent identification code 30 43 Transfer of identification codes 30 44 Inactivation or cancellation of identification codes 30 45 Property identification code required if certain animals kept 31 46 Property identification code required if certain activities happen 32 Division 4.3 Permanent identification of identifiable stock Subdivision 4.3.1 Identifiable stock 47 When identifiable stock is properly identified—pt 4 32 48 Offences—identifiable stock not properly identified 34 49 Exempt movements of identifiable stock 36 50 Offence—required information if identifiable stock moved in extreme emergency 37 Subdivision 4.3.2 Permanent identifiers 51 Meaning of supply—sdiv 4.3.2 39 52 Offences—acquisition of permanent identifiers 39 52A Directions for use of permanent identifiers in saleyard or abattoir 40 52B Request for details on use and location of permanent identifier 40 52C Records and provision of information to NLIS administrator 41 52D Alteration or removal of permanent identifier 43 52E Improper use of permanent identifiers 45 52F Destruction of permanent identifiers removed from slaughtered stock 45 52G Manufacture, sale, supply and use of counterfeit identifiers 46 52H Loss or theft of unattached permanent identifier for cattle 46 Contents Page contents 4 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 4.4 Information requirements—stock transactions Subdivision 4.4.1 Provisions applying to all identifiable stock 52I Meaning of delivery information—sdiv 4.4.1 47 52J Owner of identifiable stock must prepare and retain delivery information etc 48 52K Delivery information—stock and station agents and saleyards 49 52L Delivery information—farm properties 52 52M Delivery information—stock events 53 Subdivision 4.4.2 Reporting to the NLIS administrator 52N Application—sdiv 4.4.2 53 52O Meaning of transaction information—sdiv 4.4.2 54 52P Reportable transactions—saleyards 55 52Q Reportable transactions—stock and station agents 56 52R Reportable transactions—farm property 58 52S Reportable transactions—stock event 58 52T Reporting to NLIS administrator about live export 60 52U Reporting to NLIS administrator about death of cattle 60 Division 4.5 Registers 52V Purposes of registers 61 52W Territory register 62 52X NLIS register 64 Division 4.6 Miscellaneous 52Y Provision of information to NLIS administrator etc 64 52Z Inspection of slaughtered stock 65 52ZA Evidentiary certificates 66 Part 5 Restricted animal material—ruminants 53 Definitions—pt 5 67 54 Analysts for pt 5 68 55 Animal material statements 68 56 Offence—manufacture of ruminant food 69 57 Offences—sale or supply of bulk or bagged compounded feed and meal 69 58 Offence—obscuring of statements 71 59 Offence—removal etc of feed tags 71 Contents Page R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 contents 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 60 Offences—feeding restricted animal material to ruminants 72 61 Procedure if samples taken for pt 5 73 62 Evidence of analysis for pt 5 73 Part 5A Beekeepers 62A Definitions—pt 5A 74 62B Beekeepers to be registered 74 62C Application for registration 75 62D Grounds for deciding an application 76 62E Beekeeper must update details 77 62F Beekeeper must keep records 77 62G Beekeeper must display registration number 78 62H Beekeeping code of practice 79 62I Suspension of registration 79 62J Cancellation of registration 80 62K Register of beekeepers 80 Part 6 Enforcement Division 6.1 General 63 Definitions—pt 6 82 Division 6.2 Authorised people 64 Appointment of authorised people 82 65 Identity cards 83 Division 6.3 Powers of authorised people 66 Power to enter premises 84 67 Production of identity card 86 68 Consent to entry 86 69 General powers on entry to premises 87 70 Power to require name and address 88 71 Power to seize things 89 72 Additional powers for travelling stock 90 73 Additional powers for honeybees 91 Division 6.4 Search warrants 74 Warrants generally 91 Contents Page contents 6 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 75 Warrants—application made other than in person 92 76 Search warrants—announcement before entry 94 77 Details of search warrant to be given to occupier etc 94 78 Occupier entitled to be present during search etc 95 Division 6.5 Return and forfeiture of things seized 79 Receipt for things seized 95 80 Access to things seized 96 81 Moving things to another place for examination or processing under search warrant 96 82 Return of things seized 97 Division 6.6 Miscellaneous 83 Damage etc to be minimised 98 84 Compensation for exercise of enforcement powers 99 Part 7 Notification and review of decisions 85 Meaning of reviewable decision—pt 7 100 86 Reviewable decision notices 100 86A Applications for review 100 Part 8 Miscellaneous 87 Noncompliance with directions and cost recovery 101 87A Information exchange between jurisdictions 101 88 Determination of fees 102 90 Regulation-making power 102 Dictionary 104 Contents Page R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 contents 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes 112 2 Abbreviation key 112 3 Legislation history 113 4 Amendment history 117 5 Earlier republications 128 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Animal Diseases Act 2005 An Act to provide for the control of endemic and exotic diseases of animals, and for other purposes Part 1 Preliminary Section 1 page 2 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Animal Diseases Act 2005. 3 Objects of Act (1) The objects of this Act are to protect the health and welfare of people and animals and to protect markets relating to animals and animal products. (2) Without limiting subsection (1), this Act achieves its objects by— (a) providing mechanisms for the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the ACT; and (b) allowing the Territory to assist in the prevention and control of outbreaks of endemic and exotic animal diseases in other jurisdictions within Australia. 4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition, ‘identifiable stock, for part 4 (National livestock identification system)—see section 37.’ means that the term ‘identifiable stock’ is defined in that section for part 4. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). http://www.legislation.act.gov.au/a/2001-14 Preliminary Part 1 Section 5 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 6 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 Part 2 Chief veterinary officer Section 7 page 4 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Chief veterinary officer 7 Appointment of chief veterinary officer (1) The director-general may appoint a public servant as the Chief Veterinary Officer. (2) However, the director-general must not appoint a person as chief veterinary officer unless the person is a veterinary practitioner. Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 8 Delegation by chief veterinary officer The chief veterinary officer may delegate the chief veterinary officer’s functions under this Act or another territory law to— (a) a public servant; or (b) a police officer; or (c) an officer or employee of a State agency, if the functions of the State agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the State; or Note State also includes the Northern Territory (see Legislation Act, dict, pt 1). (d) an employee of a Commonwealth agency, if the functions of the Commonwealth agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the Commonwealth. Note 1 For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. Note 2 In exercising the delegation, the delegate is subject to any conditions, limitations or directions in the instrument making or evidencing the delegation (see Legislation Act, s 239). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Exotic and endemic diseases of animals Part 3 General Division 3.1 Section 9 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Exotic and endemic diseases of animals Division 3.1 General 9 Meaning of infected (1) For this Act, an animal is infected with a disease if it is suffering from the disease. (2) For subsection (1), an animal is taken to be suffering from a disease if there is a reasonable basis for suspecting the animal is infected with the disease. Example a veterinary practitioner reports evidence of symptoms of a disease (3) For this Act, premises are infected with a disease if there is a reasonable basis for suspecting the premises are infected with the disease. Example animals infected with the disease have recently been on the premises (4) For this Act, a thing (including an animal product) is infected with a disease if there is a reasonable basis for suspecting the thing is infected with the disease. Examples 1 the thing has recently been in contact with an animal infected with the disease 2 the animal product is a product of an animal infected with the disease 10 Declarations under pt 3 (1) A declaration under this part may provide for its commencement on or before the declaration’s notification day. Note This subsection provides express authority for a declaration to commence on or before its notification day (see Legislation Act, s 73 (2) (d) (General rules about commencement)). http://www.legislation.act.gov.au/a/2001-14 Part 3 Exotic and endemic diseases of animals Division 3.1 General Section 11 page 6 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However— (a) a declaration may not provide for a commencement date or time that would result in the declaration commencing before it is made; and (b) a declaration may not commence before it is notified under the Legislation Act unless the Minister is satisfied that the circumstances are of such seriousness and urgency that its commencement before notification is necessary to prevent a disease becoming established, or spreading, in the ACT. (3) If a declaration commences before it is notified under the Legislation Act, the Minister must give notice of the declaration to the required media as soon as possible after the declaration is made. (4) In this section: required media means— (a) a public notice; and (b) all national or commercial broadcasting services within the meaning of the Broadcasting Services Act 1992 (Cwlth) broadcasting in the ACT. 11 Certificate of freedom from disease (1) An owner or occupier of premises may apply to the chief veterinary officer, in writing, for a certificate that the premises are not infected with an exotic disease or endemic disease. (2) If the chief veterinary officer is satisfied that the premises are not infected with the disease, the chief veterinary officer must, in writing, certify the premises to be free of the disease on the day of the certification. (3) In a proceeding for an offence against this Act, a certificate given under this section is evidence of the matters stated in it. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 https://www.legislation.gov.au/Series/C2004A04401 Exotic and endemic diseases of animals Part 3 Exotic diseases Division 3.2 Section 12 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.2 Exotic diseases 12 Declaration of exotic disease (1) The Minister may declare a disease to be an exotic disease for this Act. (2) A declaration is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 13 Notification of exotic disease (1) If a person has reasonable grounds for believing that an animal is infected with an exotic disease, the person must immediately tell the chief veterinary officer in writing. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) If the owner or person in charge of an animal has reasonable grounds for believing that the animal is infected with an exotic disease, the person must immediately separate the animal from any other animal that is not infected with the disease. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not apply to an authorised person. 14 Directions to control spread of exotic disease (1) The chief veterinary officer may, in writing, direct— (a) an authorised person to seize an animal, animal product, vehicle or other thing; or (b) the owner or person in charge of premises, an animal product or other thing to take a stated action to— (i) decontaminate the premises, product or thing; or http://www.legislation.act.gov.au/a/2001-14 Part 3 Exotic and endemic diseases of animals Division 3.2 Exotic diseases Section 15 page 8 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) prevent the premises, product or thing contaminating or infecting anything else; or (c) the owner or person in charge of an animal to— (i) take stated action to inoculate the animal or otherwise produce an immunity to the disease in the animal; or (ii) take stated action to treat the animal or protect its welfare; or (d) an authorised person or anyone else to take any other stated action that the chief veterinary officer considers necessary. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an exotic disease. (3) If an authorised person has reasonable grounds for suspecting that an animal is infected with an exotic disease, the authorised person may, in writing, direct the owner or person in charge of the animal to keep it at stated premises for a stated reasonable time. (4) A person commits an offence if the person fails to take reasonable steps to comply with a direction given to the person under this section. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (5) Subsection (4) does not apply to an authorised person. 15 Import restrictions (1) The Minister may declare an area outside the ACT to be subject to an import restriction, if the Minister has reasonable grounds for believing that— (a) an animal in the area is infected with an exotic disease; and http://www.legislation.act.gov.au/a/2001-14 Exotic and endemic diseases of animals Part 3 Exotic diseases Division 3.2 Section 15 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the declaration is necessary to prevent the spread of the disease. (2) A declaration is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (3) A declaration must state— (a) the animals to which the declaration applies; and (b) the disease in relation to which the declaration is made; and (c) the area to which the declaration applies; and (d) the restrictions on importing into the ACT an animal, animal product or other thing that has, at any time during a stated period, been in the area; and (e) the restrictions on sale in the ACT of an animal, animal product or other thing that has, at any time during a stated period, been in the area; and (f) if the declaration is to have effect for a limited period—the period. (4) The Minister must give additional public notice of the declaration. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a disallowable instrument. (5) A person commits an offence if the person contravenes a restriction in a declaration under this section. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 3 Exotic and endemic diseases of animals Division 3.3 Endemic diseases Section 16 page 10 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.3 Endemic diseases 16 Declaration of endemic disease (1) The Minister may declare a disease to be an endemic disease for this Act. (2) The Minister may declare an endemic disease to be a compensable disease for section 28 (Compensation for animal etc destroyed— endemic disease). (3) A declaration under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 17 Notification of endemic disease (1) If a person has reasonable grounds for believing that an animal is infected with an endemic disease, the person must immediately tell the chief veterinary officer in writing. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) If the owner or person in charge of an animal has reasonable grounds for believing that the animal is infected with an endemic disease, the person must separate the animal from any other animal that is not infected with the disease. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not apply to an authorised person. http://www.legislation.act.gov.au/a/2001-14 Exotic and endemic diseases of animals Part 3 Endemic diseases Division 3.3 Section 18 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Directions to control spread of endemic disease (1) The chief veterinary officer may, in writing, direct— (a) an authorised person to seize an animal, animal product, vehicle or other thing; or (b) the owner or person in charge of premises, an animal product or other thing to take stated action to— (i) decontaminate the premises, product or thing; or (ii) prevent the premises, product or thing contaminating or infecting anything else; or (c) the owner or person in charge of an animal to— (i) take stated action to inoculate the animal or otherwise produce an immunity to the disease in the animal; or (ii) take stated action to treat the animal or protect its welfare; or (d) an authorised person or anyone else to take any other stated action that the chief veterinary officer considers necessary. Note The Legislation Act, s 170 deals with the application of the privilege against self-incrimination. (2) The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an endemic disease. (3) If an authorised person has reasonable grounds for suspecting that an animal is infected with an endemic disease, the authorised person may, in writing, direct the owner or person in charge of the animal to keep it at stated premises for a stated reasonable time. http://www.legislation.act.gov.au/a/2001-14 Part 3 Exotic and endemic diseases of animals Division 3.4 Quarantine areas Section 19 page 12 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person commits an offence if the person fails to take all reasonable steps to comply with a direction given to the person under this section. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (5) Subsection (4) does not apply to an authorised person. Division 3.4 Quarantine areas 19 Exotic disease quarantine area (1) The Minister may declare the Territory, or a stated area in the Territory, to be an exotic disease quarantine area, if the Minister has reasonable grounds for believing that— (a) an animal is infected with an exotic disease; and (b) the declaration is necessary to prevent the spread of the disease. (2) A declaration is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (3) The Minister must give additional public notice of the declaration. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a disallowable instrument. 20 Endemic disease quarantine area (1) The Minister may declare the Territory, or a stated area in the Territory, to be an endemic disease quarantine area, if the Minister has reasonable grounds for believing that— (a) an animal is infected with an endemic disease; and (b) the declaration is necessary to prevent the spread of the disease. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Exotic and endemic diseases of animals Part 3 Quarantine areas Division 3.4 Section 21 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A declaration is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 21 Content of quarantine declarations A declaration under section 19 or section 20 must state— (a) the animals to which the declaration applies; and (b) the disease in relation to which the declaration is made; and (c) the area to which the declaration applies; and (d) the restrictions on entry to, leaving and movement within the area; and (e) if there are restrictions on sale in the ACT of an animal, animal product or other thing that has, at any time during a stated period, been in the area—those restrictions; and (f) if the declaration is to have effect for a limited period—the period. 22 Offence—contravening restriction in quarantine declaration (1) A person commits an offence if the person contravenes a restriction in a declaration under section 19 or section 20. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply to a restriction on entry to, leaving or movement within a quarantine area if— (a) the person entering, leaving or moving within the quarantine area is doing so to undertake an activity authorised under section 24A; and http://www.legislation.act.gov.au/a/2001-14 Part 3 Exotic and endemic diseases of animals Division 3.4 Quarantine areas Section 23 page 14 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the entry, leaving or movement is in accordance with the conditions on the authorisation. 23 Quarantine notices (1) The chief veterinary officer may display any notices that the chief veterinary officer considers necessary for this Act within or near a boundary of a quarantine area, on a public street that enters a quarantine area, or a border of the ACT. (2) A person commits an offence if— (a) a notice is displayed under subsection (1); and (b) the person removes, alters, damages, defaces or covers the notice while the notice is in force. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. (4) Subsection (2) does not apply if the person acts with the written consent of the chief veterinary officer. 24 Offence—movement of animals (1) A person commits an offence if the person does something that enables an animal to enter or leave a quarantine area. Maximum penalty: 50 penalty units. (2) This section does not apply if the person acts with the written approval of the director-general or the chief veterinary officer. 24A Authorisation for activity movements in quarantine area (1) The Minister may authorise entry to, leaving or movement within a quarantine area that would otherwise contravene a restriction stated in the quarantine declaration. Note See s 21 (d) for restrictions on entry to, leaving or movement within a quarantine area. Exotic and endemic diseases of animals Part 3 Quarantine areas Division 3.4 Section 24A R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, the Minister may only authorise the entry, leaving or movement for a stated activity in a stated area. (3) An authorisation under this section must state— (a) the activity to which the authorisation applies; and (b) the quarantine declaration to which the authorisation relates; and (c) the area to which the authorisation applies; and (d) the conditions on entry to, leaving and movement within the area where the activity is undertaken; and (e) the conditions on the conduct of the activity; and (f) the records relating to the activity that are required to be kept by the person conducting the activity. Examples—possible conditions on the conduct of an activity 1 The organiser of an activity must register the activity with the chief veterinary officer before the activity takes place. 2 The organiser of an activity must implement decontamination procedures for the activity. 3 Participants in an activity must undertake the decontamination procedures for the activity before leaving the area where the activity happens. (4) An authorisation under this section— (a) is given for the period, not longer than 1 year, stated in the authorisation; and (b) expires when the quarantine declaration to which the authorisation relates is revoked. (5) An authorisation is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 Part 3 Exotic and endemic diseases of animals Division 3.4 Quarantine areas Section 24B page 16 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) In this section: activity means an activity involving the use of animals or animal products. Example horse racing 24B Person conducting activity to comply with conditions A person commits an offence if— (a) the person conducts an activity to which an authorisation under section 24A applies; and (b) a condition applying to the conduct of the activity is stated in the authorisation; and (c) the person fails to comply with the condition. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 24C Person conducting activity to keep records A person commits an offence if— (a) the person conducts an activity to which an authorisation under section 24A applies; and (b) the person is required to keep a record stated in section 24A (3) (f); and (c) the person fails to keep the record for at least 1 year after the day the authorisation expires. Maximum penalty: 20 penalty units. Exotic and endemic diseases of animals Part 3 Destruction of animals and other things Division 3.5 Section 25 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25 Removal of refuse from quarantine area (1) The chief veterinary officer may, in writing, direct the owner or occupier of premises in an exotic disease quarantine area to remove refuse from the premises. (2) The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an exotic disease. (3) The direction must state when and how the refuse is to be removed. (4) A person commits an offence if the person fails to take all reasonable steps to comply with a direction given to the person under subsection (1). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 26 Court proceedings about exotic disease declaration While a declaration under section 19 (Exotic disease quarantine area) is in force, the declaration or a direction under this part in relation to an exotic disease in relation to which the declaration is made— (a) must not be challenged or called into question in any court; and (b) is not subject to a prerogative order or injunction in any court. Division 3.5 Destruction of animals and other things 27 Destruction of infected animals etc—endemic disease (1) The chief veterinary officer may, in writing, direct an authorised person or someone else to destroy— (a) an infected animal; or (b) an infected animal product or other thing. Part 3 Exotic and endemic diseases of animals Division 3.5 Destruction of animals and other things Section 28 page 18 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an endemic disease. (3) A direction may state how the animal or thing must be destroyed. (4) The chief veterinary officer must give a copy of a direction to the owner or person apparently in charge of the animal or thing— (a) before the direction is carried out unless— (i) after reasonable search and inquiry the owner or person apparently in charge cannot be found; and (ii) the chief veterinary officer considers that the circumstances require the immediate destruction of the animal or thing; or (b) in any other case—as soon as practicable after the direction is carried out. (5) A person commits an offence if the person fails to take all reasonable steps to comply with a direction given to the person under subsection (1). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (6) Subsection (4) and (5) do not apply to an authorised person. 28 Compensation for animal etc destroyed—endemic disease (1) This section applies if an animal or thing infected with a compensable disease is destroyed under section 27. (2) The owner of the animal or thing may apply to the director-general for compensation. Exotic and endemic diseases of animals Part 3 Destruction of animals and other things Division 3.5 Section 29 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The application must be made within 90 days after the day the animal or thing is destroyed or any further period the director-general allows. (4) The director-general must decide an amount of compensation (not more than the market value of the animal or thing) payable to the owner. (5) In this section: compensable disease means an endemic disease declared to be a compensable disease under section 16. 29 Destruction of infected animals etc—exotic disease (1) The chief veterinary officer may, in writing, direct an authorised person or someone else to destroy— (a) an infected animal; or (b) an infected animal product or other thing; or (c) infected premises (other than a dwelling). (2) The chief veterinary officer may give a direction under subsection (1) only if the officer has reasonable grounds for believing that it is necessary to give the direction to prevent or control the spread of an exotic disease. (3) A direction may state how the animal, thing or premises must be destroyed. (4) The chief veterinary officer must give a copy of a direction to the owner or person apparently in charge of the animal, thing or premises— (a) before the direction is carried out unless— (i) after reasonable search and inquiry the owner or person apparently in charge cannot be found; and Part 3 Exotic and endemic diseases of animals Division 3.5 Destruction of animals and other things Section 30 page 20 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the chief veterinary officer considers that the circumstances require the immediate destruction of the animal, thing or premises; or (b) in any other case—as soon as practicable after the direction is carried out. (5) A person commits an offence if the person fails to take all reasonable steps to comply with a direction given to the person under subsection (1). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (6) Subsection (4) and (5) do not apply to an authorised person. 30 Compensation for animal etc destroyed—exotic disease (1) This section applies if an animal, premises or other thing has been destroyed under section 29. (2) The owner of the animal, premises or other thing may apply to the director-general for compensation. (3) The application must be made within 90 days after the day the animal, premises or other thing is destroyed or any further period the director-general allows. (4) The director-general must decide an amount of compensation (not more than the market value of the animal, premises or other thing) payable to the owner. 31 Compensation for death of animal from exotic disease (1) This section applies if— (a) an animal has died; and (b) a veterinary practitioner has certified that the death was caused by an exotic disease. Exotic and endemic diseases of animals Part 3 Offences generally Division 3.6 Section 32 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The owner of the animal may apply to the director-general for compensation. (3) The application must be made within 90 days after the day the animal died or any further period the director-general allows. (4) The director-general must decide an amount of compensation (not more than the market value of the animal) payable to the owner. Division 3.6 Offences generally 32 Spreading disease (1) A person commits an offence if the person does something that communicates a disease or disease agent to an animal. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply if the person acts with the written approval of the chief veterinary officer. (3) In this section: disease agent means any prion, virus, rickettsia, bacterium, protozoon, fungus, helminth, arthropod, insect or other pathogen or organism that can cause a disease in an animal. 33 Use of vaccines etc (1) A person commits an offence if the person uses on an animal, or material derived from an animal— (a) a virus, vaccine or other biological product containing living organisms for treatment or prevention of an exotic or endemic disease; or Part 3 Exotic and endemic diseases of animals Division 3.6 Offences generally Section 34 page 22 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a biological product containing something derived from a living organism for diagnosis of an exotic or endemic disease. Example for par (b) a protein extract derived as a testing agent Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply if the person acts with the written approval of the chief veterinary officer. 34 Feeding of prohibited pig feed to controlled stock (1) A person commits an offence if the person feeds prohibited pig feed to controlled stock. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: approved process includes— (a) rendering in accordance with AS 5008; and (b) a cooking process that ensures that an internal temperature of at least 70°C for at least 30 minutes is reached; and (c) treatment of cooking oil, which has been used for cooking in Australia, in accordance with the National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds. Note The National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds is accessible at www.mincos.gov.au/communiques/Documents/pimc/resolution- pimc15.pdf, Annex A. http://www.mincos.gov.au/communiques/Documents/pimc/resolution-pimc15.pdf http://www.mincos.gov.au/communiques/Documents/pimc/resolution-pimc15.pdf Exotic and endemic diseases of animals Part 3 Offences generally Division 3.6 Section 34 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au AS 5008 means AS 5008 (Hygienic rendering of animal products), as in force from time to time. Note AS 5008 may be purchased at www.standards.org.au. controlled stock means a pig or an animal declared by regulation to be controlled stock. feed prohibited pig feed to controlled stock includes— (a) feed, or allow or direct another person to feed, prohibited pig feed to controlled stock; or (b) allow controlled stock to have access to prohibited pig feed; or (c) collect, store or possess prohibited pig feed on premises where controlled stock is kept; or (d) supply to another person prohibited pig feed for feeding controlled stock. prohibited pig feed means— (a) material of mammalian origin, or any substance that has come in contact with this material; but (b) subject to section 34A, does not include— (i) milk, milk products or milk by-products either of Australian provenance or legally imported for stockfeed use in Australia; or (ii) material containing flesh, bones, blood, offal or mammal carcasses that is treated by an approved process; or (iii) a carcass or part of a domestic pig, born and raised on the property on which the pig or pigs that are administered the carcass or part are held, that is administered for therapeutic purposes in accordance with the written instructions of a veterinary practitioner. http://www.standards.org.au/ Part 3 Exotic and endemic diseases of animals Division 3.6 Offences generally Section 34A page 24 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 34A Foot-and-mouth disease outbreak (1) This section applies if there is an outbreak of foot-and-mouth disease in Australia. (2) The Minister may declare that prohibited pig feed includes— (a) milk, milk products or milk by-products either of Australian provenance or legally imported for stockfeed use in Australia; or (b) material containing flesh, bones, blood, offal or mammal carcasses that is treated by an approved process; or (c) a carcass or part of a domestic pig, born and raised on the property on which the pig or pigs that are administered the carcass or part are held, that is administered for therapeutic purposes in accordance with the written instructions of a veterinary practitioner. (3) A declaration is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (4) In this section: approved process—see section 34. prohibited pig feed—see section 34. 35 Selling, disposing of or abandoning infected animals (1) This section applies to a person who is the owner of, or is in charge of, an infected animal. (2) The person commits an offence if the person does any of the following: (a) sells the animal; (b) moves the animal from premises to other premises; http://www.legislation.act.gov.au/a/2001-14 Exotic and endemic diseases of animals Part 3 Offences generally Division 3.6 Section 36 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) intentionally abandons the animal, or allows the animal to stray; (d) hides the animal; (e) if the animal is dead—does either of the following: (i) leaves the carcass (or any part of it) on or near a road, creek or waterhole; (ii) destroys or otherwise disposes of the carcass (or any part of it) otherwise than in accordance with the chief veterinary officer’s instructions. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) This section does not apply if the person acts with the written approval of the chief veterinary officer. 36 Interference with structures securing infected animals (1) A person commits an offence if— (a) the person damages, interferes with or removes a fence or other structure securing an animal; and (b) the person is reckless about whether the animal is an infected animal. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply if the person acts with the written approval of the chief veterinary officer. Part 4 National livestock identification system Division 4.1 General Section 37 page 26 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 National livestock identification system Division 4.1 General 37 Definitions—pt 4 In this part: agent identification code means an agent identification code allocated to an agent under— (a) this part; or (b) a related NLIS law. camelids means members of the family camelidae other than vicunas or guanacos. Note Camelids include camels, alpacas and llamas. cattle means the following: (a) a member of the genus Bos; (b) American bison or buffalo (Bison bison); (c) domestic water buffalo (Bubalus bubalis). equine means a member of the family equidae. Note Equines include horses, donkeys, asses, mules and zebras. identifiable stock means cattle, pigs, goats and sheep and includes a carcass of any such animal. identifier means a tag, label, brand, mark, implant or other means of identification of stock. large poultry means emu and ostrich. property means an area of land (including an area comprising 1 or more parcels of land close together) worked as a single entity. National livestock identification system Part 4 Identification codes Division 4.2 Section 38 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au property identification code means— (a) in relation to a property in the ACT—the property identification code allocated to the property or premises under this part; or (b) in relation to a property in another jurisdiction—the property identification code allocated to the property under a related NLIS law. related NLIS law means a law of another jurisdiction that applies the NLIS in that jurisdiction. responsible person means— (a) for leased property or premises— (i) the lessee of the property or premises; or (ii) if the lessee of the property or premises is not the occupier of the property or premises—the occupier or manager of the property or premises; and (b) for an area of unleased territory land that is licensed to someone—the licensee of the land; and (c) for an abattoir, saleyard or stock event—the operator of the abattoir, saleyard or stock event. small poultry means chicken, turkey, guinea fowl, duck, goose, quail, pigeon, pheasant and partridge. Division 4.2 Identification codes 38 Allocating identification codes (1) The chief veterinary officer may allocate a property identification code to property or premises— (a) that require a property identification code under this division; or Part 4 National livestock identification system Division 4.2 Identification codes Section 39 page 28 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) that are unleased territory land. (2) The chief veterinary officer may allocate an agent identification code to a stock and station agent. (3) The identification code may be allocated— (a) on application under this division; or (b) on the chief veterinary officer’s own initiative. 39 Applying for property identification code (1) A responsible person may apply to the chief veterinary officer for a property identification code. (2) The application must include the following: (a) the name and street address of the property or premises; (b) a description of the property or premises by reference to— (i) district, division, section or block number; or (ii) ACTmapi; Note ACTmapi is accessible at www.actmapi.act.gov.au. (c) the full name, street address, postal address, email address and phone number of the responsible person for the property or premises. Note A fee may be determined under s 88 for this provision. (3) In this section: responsible person means— (a) for leased property or premises— (i) the lessee of the property or premises; or (ii) if the lessee of the property or premises is not the occupier of the property or premises—the occupier or manager of the property or premises; and http://www.actmapi.act.gov.au/ National livestock identification system Part 4 Identification codes Division 4.2 Section 40 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for an area of unleased territory land— (i) the custodian of the land; or (ii) if the land is licensed to someone else—the licensee of the land; and (c) for an abattoir, saleyard or stock event—the operator of the abattoir, saleyard or stock event. 40 Responsible person for property with property identification code must update details (1) A person commits an offence if— (a) the person is a responsible person for a property or premises that have been allocated a property identification code; and (b) there is a change in any of the details mentioned in section 39 (2); and (c) the person does not, within 14 days of the change, tell the chief veterinary officer, in writing, about the change. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. 41 Applying for agent identification code (1) A stock and station agent may apply to the chief veterinary officer for an agent identification code. (2) The application must include the following: (a) the name and street address in the ACT of the registered office of the agent; (b) the applicant’s full name, street address, postal address, email address and phone number. Note A fee may be determined under s 88 for this provision. Part 4 National livestock identification system Division 4.2 Identification codes Section 42 page 30 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 42 Stock and station agent must update details of agent identification code (1) A stock and station agent commits an offence if— (a) the agent is allocated an agent identification code; and (b) there is a change in any of the details mentioned in section 41 (2); and (c) the agent does not, within 14 days of the change, tell the chief veterinary officer, in writing, about the change. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. 43 Transfer of identification codes (1) The chief veterinary officer may transfer a property identification code to another property that comprises all or part of the property or premises to which the property identification code was first allocated. (2) The chief veterinary officer may transfer an agent identification code to a stock and station agent if the stock and station agent has taken over the business of the stock and station agent to whom the agent identification code was first allocated. 44 Inactivation or cancellation of identification codes (1) This section applies if the chief veterinary officer believes on reasonable grounds that a property identification code or an agent identification code is not needed for compliance with this Act. (2) The chief veterinary officer may inactivate or cancel the identification code if the officer— (a) gives the person who was allocated the identification code at least 15 working days to give reasons why the code should not be inactivated or cancelled; and National livestock identification system Part 4 Identification codes Division 4.2 Section 45 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) takes into account the reasons given by the person. (3) If the chief veterinary officer inactivates or cancels an identification code, the officer must tell— (a) the person who was allocated the identification code; and (b) the NLIS administrator. (4) If an identification code is inactivated or cancelled, the chief veterinary officer may only reallocate the code in circumstances declared by the director-general. (5) A declaration under subsection (4) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 45 Property identification code required if certain animals kept (1) A person commits an offence if— (a) the person is a responsible person for a property; and (b) the person keeps any of the following on the property: (i) identifiable stock; (ii) camelids; (iii) deer; (iv) equines; (v) 100 or more small poultry; (vi) 10 or more large poultry; and (c) a property identification code is not allocated for the property. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2001-14 Part 4 National livestock identification system Division 4.3 Permanent identification of identifiable stock Section 46 page 32 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 46 Property identification code required if certain activities happen (1) A person commits an offence if— (a) the person operates any of the following on a property or premises: (i) an abattoir; (ii) a saleyard; (iii) a stock event; and (b) a property identification code is not allocated for the property or premises. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. Division 4.3 Permanent identification of identifiable stock Subdivision 4.3.1 Identifiable stock 47 When identifiable stock is properly identified—pt 4 (1) Identifiable stock is properly identified for this part if— (a) a permanent identifier is— (i) properly attached to the stock; or (ii) for stock born outside the ACT—attached in accordance with a related NLIS law; and (b) the property identification code on the permanent identifier is the property identification code for the property or premises where the permanent identifier is attached to the stock; and National livestock identification system Part 4 Permanent identification of identifiable stock Division 4.3 Section 47 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the permanent identifier is readable and has not stopped working. (2) In this section: relevant NLIS standard, for an animal, means the standard as published from time to time by the NLIS administrator for the animal. Note The NLIS administrator publishes standards for animals at www.nlis.com.au. properly attached, to stock, for a permanent identifier, means— (a) for cattle—being the only permanent identifier attached to the cattle, attached in accordance with— (i) the manufacturer’s instructions; and (ii) the relevant NLIS standard; and (b) for sheep or goats—attached to the ear of the sheep or goat— (i) in a way that allows the property identification code on the identifier to be easily read; and (ii) in accordance with the manufacturer’s instructions; and (iii) in accordance with the relevant NLIS standard; and Note Sheep, goats and pigs may have more than 1 permanent identifier attached to them. (c) for pigs— (i) if the permanent identifier for the pig is an NLIS device—attached in accordance with— (A) the manufacturer’s instructions; and (B) the relevant NLIS standard; or http://www.nlis.com.au/ Part 4 National livestock identification system Division 4.3 Permanent identification of identifiable stock Section 48 page 34 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) in any other case—attached by applying the permanent identifier for pigs to 1 or more shoulders of the pig so that the characters on the brand are impressed through the skin of the pig and can be easily read. 48 Offences—identifiable stock not properly identified (1) A person commits an offence if— (a) the person moves identifiable stock from a property or premises; and (b) the movement is not an exempt movement under section 49; and (c) the identifiable stock is not properly identified. Maximum penalty: 50 penalty units. (2) A person commits an offence if— (a) the person operates a saleyard or abattoir; and (b) identifiable stock is kept at the saleyard or abattoir; and (c) the identifiable stock is not properly identified. Maximum penalty: 50 penalty units. (3) A person commits an offence if— (a) the person owns identifiable stock; and (b) the identifiable stock are delivered to a saleyard or abattoir; and (c) the identifiable stock is not properly identified; and (d) the person does not immediately tell the operator of the saleyard or abattoir that the identifiable stock is not properly identified. Maximum penalty: 50 penalty units. National livestock identification system Part 4 Permanent identification of identifiable stock Division 4.3 Section 48 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person commits an offence if— (a) identifiable stock is at a saleyard or abattoir; and (b) the person does any of the following: (i) sells or otherwise disposes of the stock; (ii) buys or otherwise acquires the stock; (iii) slaughters the stock (unless slaughter is required for humane reasons at the direction of an authorised person); and (c) the identifiable stock is not properly identified. Maximum penalty: 50 penalty units. (5) A person commits an offence if— (a) the person is in charge of identifiable stock at a saleyard or abattoir; and (b) the identifiable stock is not properly identified; and (c) the person does not take all reasonable steps to ensure that another person does not do any of the following: (i) sell or otherwise dispose of the stock; (ii) buy or otherwise acquire the stock; (iii) slaughter the stock (unless slaughter is required for humane reasons at the direction of an authorised person). Maximum penalty: 50 penalty units. (6) Despite any other provision of this section, identifiable stock is not required to be properly identified after the stock is slaughtered at an abattoir. Part 4 National livestock identification system Division 4.3 Permanent identification of identifiable stock Section 49 page 36 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (7) In this section: authorised person includes either of the following: (a) an inspector or authorised officer under the Animal Welfare Act 1992, division 7.2; (b) a veterinary surgeon. 49 Exempt movements of identifiable stock (1) A person does not commit an offence under section 48 (1) if the person moves identifiable stock that is not properly identified from a property or premises in any of the following circumstances: (a) the identifiable stock is a carcass that is moved directly to— (i) a waste management facility that is authorised to accept the carcass; or (ii) the National Zoo and Aquarium; (b) the identifiable stock (other than a pig) is moved— (i) from the property on which it is located (the first property) to a contiguous property and returned to the first property within 2 days; or (ii) from the property on which it is located (the first property) to a contiguous property because the stock is grazed continuously between the first property and the contiguous property; or (iii) to another part of the same property by a route that requires the stock to leave the property; (c) the identifiable stock is moved for display at the National Zoo and Aquarium; (d) for identifiable stock that is a dairy goat or a goat that was born without ears—the identifiable stock is moved to somewhere other than a saleyard or abattoir; http://www.legislation.act.gov.au/a/1992-45 http://www.legislation.act.gov.au/a/1992-45 National livestock identification system Part 4 Permanent identification of identifiable stock Division 4.3 Section 50 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) for identifiable stock that is a feral goat that has been captured from the wild—the identifiable stock is moved from the property on which it was captured to an abattoir; (f) the identifiable stock being moved is a pig that will continue to be owned by the same person following the move; (g) the identifiable stock is moved because of an extreme emergency. Example—extreme emergency imminent threat arising from a bushfire or a flood Note 1 The person may commit an offence if the chief veterinary officer is not informed of the move within 7 days (see s 50 (1)). Note 2 The defendant has an evidential burden in relation to the matters mentioned in s (1) (see Criminal Code, s 58). (2) A person does not commit an offence under section 48 (1) if— (a) the person moves identifiable stock that are cattle from a property or premises; and (b) either— (i) the cattle have special identifiers approved or recognised by a related NLIS law; or (ii) the chief veterinary officer approves the move in writing. (3) A person does not commit an offence under section 48 (1) if— (a) the person moves identifiable stock from a property or premises; and (b) the chief veterinary officer approves the move in writing. 50 Offence—required information if identifiable stock moved in extreme emergency (1) A person commits an offence if— (a) the person owns identifiable stock; and http://www.legislation.act.gov.au/a/2002-51 Part 4 National livestock identification system Division 4.3 Permanent identification of identifiable stock Section 50 page 38 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the person moves the identifiable stock from a property or premises because of an extreme emergency; and (c) the identifiable stock is not properly identified; and (d) the person does not give the chief veterinary officer the required information within 7 days after the day the identifiable stock is moved. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: required information means the following information given in writing or electronically: (a) the property identification code of the property from which the identifiable stock is moved; (b) the property identification code of the property to which the identifiable stock is moved; (c) if identifiable stock is moved to a property that does not have a property identification code—the address of the location to which the identifiable stock is moved and the name of the person receiving the identifiable stock; (d) the date the identifiable stock moved; (e) the number and a description of the identifiable stock moved. National livestock identification system Part 4 Permanent identification of identifiable stock Division 4.3 Section 51 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Subdivision 4.3.2 Permanent identifiers 51 Meaning of supply—sdiv 4.3.2 In this subdivision: supply includes sale. 52 Offences—acquisition of permanent identifiers (1) A person commits an offence if the person— (a) acquires a permanent identifier; and (b) is not— (i) the chief veterinary officer; or (ii) a responsible person for a property or premises that have a property identification code; or (iii) a stock and station agent who has an agent identification code. Maximum penalty: 50 penalty units. (2) The manufacturer of an NLIS device commits an offence if— (a) the manufacturer supplies a permanent identifier to a person; and (b) the person is not— (i) the chief veterinary officer; or (ii) a responsible person for a property or premises that have a property identification code; or (iii) a stock and station agent who has an agent identification code. Maximum penalty: 50 penalty units. Part 4 National livestock identification system Division 4.3 Permanent identification of identifiable stock Section 52A page 40 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The manufacturer of an NLIS device commits an offence if— (a) the manufacturer supplies a permanent identifier to a person; and (b) the permanent identifier refers to a property identification code that is not active. Maximum penalty: 50 penalty units. 52A Directions for use of permanent identifiers in saleyard or abattoir (1) The chief veterinary officer may give directions for the use of a permanent identifier in a saleyard or an abattoir. (2) A direction under subsection (1) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (3) A person commits an offence if the person— (a) is subject to a direction under subsection (1); and (b) does not comply with the direction. Maximum penalty: 50 penalty units. 52B Request for details on use and location of permanent identifier (1) An authorised person may— (a) ask the responsible person for a property or premises that have been allocated a property identification code for details about the location and use of any permanent identifier issued in relation to the property identification code (the requested details); and (b) state a day, at least 7 days after the day of the request (the response day), for the person to give the requested details. http://www.legislation.act.gov.au/a/2001-14 National livestock identification system Part 4 Permanent identification of identifiable stock Division 4.3 Section 52C R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person commits an offence if— (a) the person is the responsible person for a property or premises; and (b) an authorised person asks the person to give the authorised person the requested details in relation to the property or premises by the response day; and (c) the person fails to give the requested details to the authorised person by the response day. Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. 52C Records and provision of information to NLIS administrator (1) The manufacturer of an NLIS device commits an offence if— (a) the manufacturer supplies a permanent identifier; and (b) the manufacturer does not keep the required supply record for the required time. Maximum penalty: 50 penalty units. (2) The manufacturer of an NLIS device commits an offence if— (a) the manufacturer supplies a permanent identifier for cattle; and (b) the manufacturer does not give the NLIS administrator, before the close of business on the next working day after the supply, the following: (i) the relevant identification particulars for the cattle; (ii) the date on which the permanent identifier was supplied. Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. Part 4 National livestock identification system Division 4.3 Permanent identification of identifiable stock Section 52C page 42 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: required supply record means a record of the following information about a permanent identifier kept in writing or electronically: (a) the date the identifier was supplied; (b) the number and type of identifiers supplied; (c) the identification code and serial number of each identifier; (d) the full name and street address of the person to whom each identifier was supplied; (e) the full name and street address of the owner of the stock for which each identifier was supplied, and in relation to that stock— (i) the species of the stock; and (ii) the property identification code for the property of origin of the stock (if known); (f) in the case of a permanent identifier for use in a saleyard or an abattoir—the reason the identifier was supplied. required time means— (a) if the permanent identifier is supplied for use in a saleyard or abattoir—at least 2 years beginning on the date of the supply; and (b) in any other case—at least 7 years beginning on the date of the supply. National livestock identification system Part 4 Permanent identification of identifiable stock Division 4.3 Section 52D R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52D Alteration or removal of permanent identifier (1) A person commits an offence if the person alters, or allows or directs another person to alter— (a) a permanent identifier; or (b) equipment that is used for attaching or reading a permanent identifier. Maximum penalty: 50 penalty units. (2) A person commits an offence if the person— (a) removes a permanent identifier from identifiable stock; or (b) directs another person to remove a permanent identifier from identifiable stock. Maximum penalty: 50 penalty units. (3) Subsection (2) does not apply if— (a) the stock is slaughtered at an abattoir; or (b) the person is authorised by an authorised person, in writing, to remove the permanent identifier and does so in accordance with any condition stated in the authorisation; or (c) the stock is dead and there is no requirement to notify the chief veterinary officer of the death; or (d) if the stock are cattle—the permanent identifier could not be read electronically, a new permanent identifier is attached to the stock immediately after the removal, and information about the replacement of the identifier is given to the NLIS administrator by the earlier of— (i) the next business day; and Part 4 National livestock identification system Division 4.3 Permanent identification of identifiable stock Section 52D page 44 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the day the cattle are removed from the property. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) A person commits an offence if the person— (a) knows that a permanent identifier has been altered or removed from identifiable stock; and (b) buys or sells the identifiable stock, or moves the stock from a property or premises. Maximum penalty: 50 penalty units. (5) A person commits an offence if the person— (a) removes a permanent identifier from identifiable stock (other than a pig); and (b) attaches a new permanent identifier to the identifiable stock; and (c) fails to give the NLIS administrator information about the new permanent identifier. Maximum penalty: 50 penalty units. (6) This section does not apply to the removal of a permanent identifier by any of the following: (a) an authorised person; (b) an authorised officer under the Food Act 2001; (c) an inspector or authorised officer under the Animal Welfare Act 1992; (d) a registered veterinary practitioner, if the removal is in relation to medical treatment of the identifiable stock. (7) In this section: alter includes deface. http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-66 http://www.legislation.act.gov.au/a/1992-45 http://www.legislation.act.gov.au/a/1992-45 National livestock identification system Part 4 Permanent identification of identifiable stock Division 4.3 Section 52E R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52E Improper use of permanent identifiers (1) A person commits an offence if— (a) the person attaches a permanent identifier to identifiable stock; and (b) the permanent identifier has previously been attached to other stock. Maximum penalty: 50 penalty units. (2) A person commits an offence if— (a) the person attaches a permanent identifier to identifiable stock; and (b) the attachment of the permanent identifier will result in the stock not being properly identified. Maximum penalty: 50 penalty units. (3) A person commits an offence if— (a) the person attaches a permanent identifier to cattle; and (b) the cattle are already properly identified. Maximum penalty: 50 penalty units. 52F Destruction of permanent identifiers removed from slaughtered stock The operator of an abattoir commits an offence if— (a) a permanent identifier is removed from identifiable stock slaughtered at the abattoir; and (b) the permanent identifier is not disposed of in a way that ensures the identifier is unable to be used or attached to identifiable stock. Maximum penalty: 20 penalty units. Part 4 National livestock identification system Division 4.3 Permanent identification of identifiable stock Section 52G page 46 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52G Manufacture, sale, supply and use of counterfeit identifiers (1) A person commits an offence if the person— (a) makes, supplies or uses anything that could reasonably be mistaken for a permanent identifier; and (b) knows that the thing may be attached to identifiable stock. Maximum penalty: 50 penalty units. (2) This section does not apply if the person did not know, and could not reasonably be expected to have known, that the thing the person made, supplied or used could reasonably be mistaken for a permanent identifier. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). 52H Loss or theft of unattached permanent identifier for cattle (1) A person commits an offence if— (a) the person is the responsible person for a property; and (b) a permanent identifier is issued for cattle on the property but is not attached to cattle; and (c) the permanent identifier is lost or stolen; and (d) the person does not give the NLIS administrator the following information, in writing, within 7 days after the day the person became aware of the loss or theft: (i) notice that the permanent identifier is lost or stolen; (ii) the date the permanent identifier was lost or stolen (or the date the person became aware of the loss); http://www.legislation.act.gov.au/a/2002-51 National livestock identification system Part 4 Information requirements—stock transactions Division 4.4 Section 52I R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) the relevant identification particulars contained on or in the permanent identifier. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply in relation to a person if the person knows another person has provided the information to the NLIS administrator. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). Division 4.4 Information requirements—stock transactions Subdivision 4.4.1 Provisions applying to all identifiable stock 52I Meaning of delivery information—sdiv 4.4.1 In this subdivision: delivery information, in relation to identifiable stock, means the following information: (a) the kind of stock and the number of each kind of stock; (b) the date the stock left the previous property; (c) the property identification code of the previous property; (d) the serial number of any NLIS movement document created in relation to the delivery of the stock; (e) for pigs, sheep or goats— (i) the relevant identification particulars for the pigs, sheep or goats; and (ii) whether the pigs, sheep or goats were bred on the previous property; http://www.legislation.act.gov.au/a/2002-51 Part 4 National livestock identification system Division 4.4 Information requirements—stock transactions Section 52J page 48 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) a completed delivery declaration that includes the following: (i) the name and signature of the owner of identifiable stock who is making the declaration; (ii) the day on which the declaration is made; (iii) the property identification code of the property to which the stock is to be delivered (or if the code is not known or readily available, the name and address of the person to whom the stock are to be delivered). Note A relevant NLIS movement document will contain some or all of the delivery information. 52J Owner of identifiable stock must prepare and retain delivery information etc (1) An owner of identifiable stock commits an offence if— (a) the owner’s identifiable stock is delivered to another person; and (b) the owner does not prepare the delivery information in relation to the stock before the stock is delivered. Maximum penalty: 50 penalty units. (2) An owner of identifiable stock commits an offence if— (a) the owner’s identifiable stock is to be delivered to another person; and (b) the owner does not give the delivery information in relation to the stock to the person who is to deliver the stock when the person is given the stock to deliver. Maximum penalty: 50 penalty units. (3) An owner of identifiable stock commits an offence if— (a) the owner’s identifiable stock is delivered to another person; and National livestock identification system Part 4 Information requirements—stock transactions Division 4.4 Section 52K R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the owner does not keep, for at least 7 years after the delivery of the identifiable stock, the following: (i) the delivery information in relation to the stock; (ii) if the stock is delivered to an abattoir or to a stock and station agent for sale—the property identification code or address of the abattoir or saleyard. Maximum penalty: 50 penalty units. 52K Delivery information—stock and station agents and saleyards (1) A person commits an offence if the person— (a) delivers identifiable stock to a stock and station agent; and (b) does not give the delivery information in relation to the stock to the stock and station agent. Maximum penalty: 50 penalty units. (2) A stock and station agent commits an offence if the agent— (a) sells or otherwise disposes of identifiable stock; and (b) does not have the delivery information in relation to the identifiable stock. Maximum penalty: 50 penalty units. (3) A person commits an offence if the person— (a) takes possession of identifiable stock from a stock and station agent; and (b) does not immediately give the stock and station agent the following information (the post-sale information): (i) if the stock is to be sent to a property—the property identification code of the property; Part 4 National livestock identification system Division 4.4 Information requirements—stock transactions Section 52K page 50 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) if another stock and station agent is to take possession of the stock—the agent identification code of the other stock and station agent. Maximum penalty: 50 penalty units. (4) A stock and station agent commits an offence if the agent— (a) sells or otherwise disposes of identifiable stock; and (b) does not keep the following information in relation to the sale or disposal for at least 2 years: (i) the delivery information in relation to the identifiable stock; (ii) the property identification code or address of the saleyard at which the identifiable stock was sold or otherwise disposed of; (iii) the post-sale information. Maximum penalty: 50 penalty units. (5) A stock and station agent commits an offence if the agent— (a) sells identifiable stock to a person; and (b) does not, within 7 days after the day of the sale, give the person the following information: (i) the delivery information in relation to the identifiable stock; (ii) the property identification code or address of the saleyard at which the stock was sold. Maximum penalty: 50 penalty units. (6) A person commits an offence if the person— (a) is given the information mentioned in subsection (5); and National livestock identification system Part 4 Information requirements—stock transactions Division 4.4 Section 52K R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) does not keep the information for at least 7 years after the day the information was given. Maximum penalty: 50 penalty units. (7) A stock and station agent commits an offence if the agent does not, at least once in each week in which the agent transfers stock— (a) reconcile the number of living stock linked to the agent’s agent identification code on the NLIS database; and (b) record the transfer of the stock from the agent’s agent identification code to the property identification code of the property or premises to which the stock was delivered; and (c) give the information to the NLIS administrator. Maximum penalty: 50 penalty units. (8) A stock and station agent commits an offence if the agent— (a) takes delivery of, sells or otherwise disposes of identifiable stock (other than pigs) at a saleyard; and (b) does not, by close of business on the day of the delivery, sale or other disposal, give the operator of the saleyard the following information: (i) the delivery information in relation to the identifiable stock; (ii) the post-sale information given to the agent in relation to the stock. Maximum penalty: 50 penalty units. (9) An operator of a saleyard commits an offence if the operator— (a) is given the information mentioned in subsection (8); and Part 4 National livestock identification system Division 4.4 Information requirements—stock transactions Section 52L page 52 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) does not keep the information for at least 2 years after the day the information is given. Maximum penalty: 50 penalty units. 52L Delivery information—farm properties (1) A person commits an offence if the person— (a) delivers identifiable stock to a farm property; and (b) does not give the delivery information in relation to the identifiable stock to the person taking charge of the stock at the farm property. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply if the identifiable stock— (a) is delivered to the farm property because the stock is being transferred from one vehicle to another in the course of being transported; and (b) is on the farm property for less than 24 hours. (3) A person commits an offence if the person— (a) is given the information mentioned in subsection (1); and (b) is not the owner of the identifiable stock; and (c) does not immediately give the information to the owner of the identifiable stock. Maximum penalty: 50 penalty units. (4) An owner of identifiable stock commits an offence if the owner does not keep the delivery information for at least 7 years after the day the stock is delivered. Maximum penalty: 50 penalty units. National livestock identification system Part 4 Information requirements—stock transactions Division 4.4 Section 52M R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52M Delivery information—stock events (1) A person commits an offence if the person— (a) delivers identifiable stock to a property or premises for a stock event; and (b) does not give the delivery information to the operator of the stock event. Maximum penalty: 50 penalty units. (2) The operator of a stock event commits an offence if the operator does not keep the delivery information for at least 2 years after the day the identifiable stock is delivered. Maximum penalty: 50 penalty units. (3) The operator of a stock event commits an offence if the operator does not, within 7 days after the end of the event— (a) reconcile the number of living stock linked to the operator’s property identification code on the NLIS database with the number of living stock remaining on the property or premises at the end of the event; and (b) give the information to the NLIS administrator. Maximum penalty: 50 penalty units. Subdivision 4.4.2 Reporting to the NLIS administrator 52N Application—sdiv 4.4.2 This subdivision does not apply in relation to transactions involving pigs. Part 4 National livestock identification system Division 4.4 Information requirements—stock transactions Section 52O page 54 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52O Meaning of transaction information—sdiv 4.4.2 In this subdivision: transaction information, for a reportable transaction, means the following: (a) the kind of transaction; (b) the date of the transaction; (c) the relevant identification particulars for the stock involved in the transaction; (d) the serial number of any NLIS movement document created in relation to the transaction; (e) if the transaction is a reportable transaction at a property other than a saleyard or abattoir—the property identification code of the property; (f) if the transaction is a reportable transaction at a saleyard or abattoir— (i) the property identification code of the saleyard or abattoir; or (ii) any other unique code or number assigned to the saleyard or abattoir by the NLIS administrator; (g) the property identification code of the previous property; (h) for sheep or goats— (i) the number of sheep or goats involved in the transaction; and (ii) whether the sheep or goats were bred on the previous property. National livestock identification system Part 4 Information requirements—stock transactions Division 4.4 Section 52P R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52P Reportable transactions—saleyards (1) The operator of a saleyard commits an offence if— (a) a reportable transaction happens at the saleyard; and (b) the operator does not give the NLIS administrator the required information in relation to the reportable transaction in the required time. Maximum penalty: 50 penalty units. (2) The operator of a saleyard commits an offence if— (a) cattle, sheep or goats are sold at the saleyard; and (b) by close of business on the day of the sale, the operator does not make a record of the number of cattle, sheep and goats sold at the saleyard. Maximum penalty: 50 penalty units. (3) The operator of a saleyard commits an offence if the operator does not keep the information recorded under subsection (2) for at least 2 years after the day the stock is sold. Maximum penalty: 50 penalty units. (4) In this section: reportable transaction means— (a) the sale of identifiable stock at a saleyard; or (b) the movement of unsold identifiable stock from a saleyard. required information, in relation to a reportable transaction, means the following: (a) the transaction information for the reportable transaction; (b) if the stock involved in the transaction was held by a stock and station agent before being sent to the saleyard—the agent identification code of the agent; Part 4 National livestock identification system Division 4.4 Information requirements—stock transactions Section 52Q page 56 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) if a stock and station agent has taken possession of the stock involved in the transaction—the agent identification code of the agent; (d) if the stock involved in the transaction is to be sent to a property—the property identification code of the property; (e) if the identifiable stock involved in the transaction are sheep or goats—a copy of any NLIS movement document created in relation to the transaction. required time means— (a) if the identifiable stock are cattle and the reportable transaction is the sale of the cattle for slaughter at an abattoir—by the close of business of the saleyard on the day of the sale; or (b) in any other case—by the close of business of the saleyard on the next working day after the reportable transaction happens. 52Q Reportable transactions—stock and station agents (1) A stock and station agent commits an offence if— (a) a reportable transaction happens in relation to the agent; and (b) the agent does not give the NLIS administrator the required information in relation to the reportable transaction within 2 days after the day the reportable transaction happens. Maximum penalty: 50 penalty units. (2) A stock and station agent commits an offence if— (a) a reportable transaction happens in relation to the agent on a day; and (b) by close of business on the day of the reportable transaction, the agent does not record the following in relation to the identifiable stock involved in the transaction: (i) the relevant identification particulars; National livestock identification system Part 4 Information requirements—stock transactions Division 4.4 Section 52Q R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) if the stock are sheep or goats—the number of sheep and goats; (iii) each movement of the stock from the time the stock left the previous property until the stock arrived at the receiving property, including the property identification code of each property at which the stock was held during that time. Maximum penalty: 50 penalty units. (3) A stock and station agent commits an offence if the agent does not keep a record of the information recorded under subsection (2) for at least 2 years after the day the reportable transaction happens. Maximum penalty: 50 penalty units. (4) In this section: reportable transaction, in relation to a stock and station agent, means the delivery of identifiable stock to the agent. required information, in relation to a reportable transaction, means the following: (a) the transaction information for the reportable transaction; (b) the stock and station agent’s agent identification code; (c) if the stock and station agent is in possession of the stock involved in the transaction—the property identification code of the property at which the stock is held; (d) if the stock and station agent is not in possession of the stock involved in the transaction— (i) the property identification code of the property to which the stock was moved; and (ii) the date on which the stock was moved. Part 4 National livestock identification system Division 4.4 Information requirements—stock transactions Section 52R page 58 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52R Reportable transactions—farm property (1) The owner of identifiable stock commits an offence if— (a) the identifiable stock is involved in a reportable transaction at a farm property; and (b) the owner does not give the NLIS administrator the transaction information for the reportable transaction in relation to the reportable transaction within the required time. Maximum penalty: 50 penalty units. (2) In this section: reportable transaction means the movement of identifiable stock to a farm property unless the stock is moved— (a) directly to the farm property from a saleyard; or (b) directly to the farm property from a stock and station agent; or (c) for a stock event being held on the farm property. required time means the earlier of— (a) 2 days after the reportable transaction happens; and (b) the day the identifiable stock involved in the transaction is moved from the farm property. 52S Reportable transactions—stock event (1) The operator of a stock event involving identifiable stock (other than cattle that are at a stock event property for less than 3 days) commits an offence if— (a) a reportable transaction happens for the stock event; and National livestock identification system Part 4 Information requirements—stock transactions Division 4.4 Section 52S R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the operator does not give the NLIS administrator the following information within 2 days after the reportable transaction happens: (i) the transaction information for the reportable transaction; (ii) if the reportable transaction is the movement of identifiable stock from the stock event property—the property identification code of the property to which the stock is moved. Maximum penalty: 50 penalty units. (2) A person commits an offence if the person— (a) moves identifiable stock involved in a stock event from a stock event property; and (b) does not give the property identification code of the property to which the stock is moved to the operator of the stock event. Maximum penalty: 50 penalty units. (3) The operator of a stock event involving cattle that are at a stock event property for less than 3 days commits an offence if— (a) a reportable transaction happens in relation to the cattle; and (b) the operator does not give the NLIS administrator the following information within 2 days after the reportable transaction happens: (i) the relevant identification particulars for the cattle; (ii) the day or days the cattle are at the stock event; (iii) the property identification code of the property on which the stock event is held; (iv) the serial number of any NLIS movement document created in relation to the transaction. Maximum penalty: 50 penalty units. Part 4 National livestock identification system Division 4.4 Information requirements—stock transactions Section 52T page 60 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section each of the following is a reportable transaction for a stock event: (a) the movement of identifiable stock to the stock event property for the stock event; (b) the movement of identifiable stock involved in the stock event from the stock event property. 52T Reporting to NLIS administrator about live export The owner of identifiable stock commits an offence if— (a) the identifiable stock is sent for overseas export; and (b) the owner does not give the NLIS administrator the following information within 2 days after the identifiable stock leaves the ACT for export: (i) that the stock has been sent for overseas export; (ii) the date the stock was sent for overseas export; (iii) the relevant identification particulars for the stock; (iv) the property identification code of the property at which the stock was held immediately before being sent for overseas export. Maximum penalty: 50 penalty units. 52U Reporting to NLIS administrator about death of cattle (1) The operator of a saleyard commits an offence if— (a) cattle at the saleyard die; and (b) the operator does not give the NLIS administrator the required information by close of business on the next working day after the death of the cattle. Maximum penalty: 50 penalty units. National livestock identification system Part 4 Registers Division 4.5 Section 52V R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 61 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A stock and station agent commits an offence if— (a) cattle held by the stock and station agent die; and (b) the agent does not give the NLIS administrator the required information by close of business on the next working day after the death of the cattle. Maximum penalty: 50 penalty units. (3) In this section: required information means the following: (a) that the cattle have died; (b) the date of the death (or if this is not known, the date the person became aware of the death); (c) the relevant identification particulars for the cattle. Division 4.5 Registers 52V Purposes of registers Registers under this division are kept for the following purposes: (a) to facilitate and assist the operation of the stock identification schemes established under this Act; (b) to protect public health and safety; (c) to assist in controlling disease and residues in stock and animal products; (d) to assist in ascertaining the disease and residue risk or status of stock and related animal products; (e) to facilitate the determination of ownership of stock and related animal products; (f) to assist in tracing the movement of stock and related animal products; Part 4 National livestock identification system Division 4.5 Registers Section 52W page 62 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (g) to assist in the investigation of the loss or theft of stock; (h) to facilitate the dissemination of information in relation to the production and marketing of stock or related animal products; (i) to assist in the assessment and management of the welfare of animals; (j) to assist with the management of land used by stock. 52W Territory register (1) The director-general must keep a register (the territory register) that contains the following: (a) the status and particulars of each property identification code allocated to a property or premises by the chief veterinary officer including the following: (i) the name and street address of the property or premises; (ii) a description of the property or premises by reference to— (A) district, division, section or block number; or (B) ACTmapi; Note ACTmapi is accessible at www.actmapi.act.gov.au. (iii) the full name, street address, postal address, email address and phone number of the responsible person for the property or premises; (b) the status and particulars of each agent identification code allocated to a stock and station agent by the chief veterinary officer including the following: (i) the name and street address of the registered office of the stock and station agent; http://www.actmapi.act.gov.au/ National livestock identification system Part 4 Registers Division 4.5 Section 52W R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the full name, street address, postal address, email address and phone number of the stock and station agent; (c) anything else the director-general considers relevant, having regard to section 52V. (2) The director-general must give the information contained in the territory register to the NLIS administrator within 7 days after the day a request for the information is received from the NLIS administrator. (3) The director-general may give the information contained in the territory register to a person in another jurisdiction administering a related NLIS law if satisfied that the information is to be used for the administration of the related NLIS law. (4) In this section: responsible person, for a property or premises, means— (a) for leased property or premises— (i) the lessee or manager of the property or premises; or (ii) if the lessee of the property or premises is not the occupier of the property or premises—the occupier or manager of the property or premises; and (b) for an area of unleased territory land— (i) the custodian of the land; or (ii) if the land is licensed to someone else—the licensee of the land; and (c) for an abattoir, saleyard or stock event—the operator of the abattoir, saleyard or stock event. Part 4 National livestock identification system Division 4.6 Miscellaneous Section 52X page 64 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52X NLIS register (1) The NLIS administrator must keep a register (the NLIS register) of the information that is given to the NLIS administrator under this Act. (2) The NLIS administrator must, if asked— (a) allow an authorised person to have access at any time to the information contained in the NLIS register free of charge; and (b) give the information to the authorised person in the way and time requested by the person. (3) In this section: authorised person— (a) means an authorised person appointed under section 64; and (b) includes any of the following: (i) the director-general; (ii) an authorised officer under the Food Act 2001; (iii) an inspector or authorised officer under the Animal Welfare Act 1992. Division 4.6 Miscellaneous 52Y Provision of information to NLIS administrator etc (1) A person who is required to give information to the NLIS administrator under this Act may be required to give the information in an electronic form that allows it to be readily uploaded to the NLIS register or in any other form approved by the NLIS administrator. (2) A person who is required to give information under this Act to another person (not being the NLIS administrator) must give the information in a way approved by the director-general. http://www.legislation.act.gov.au/a/2001-66 http://www.legislation.act.gov.au/a/1992-45 http://www.legislation.act.gov.au/a/1992-45 National livestock identification system Part 4 Miscellaneous Division 4.6 Section 52Z R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 65 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The operator of a business that is required to give information to the NLIS administrator under this Act must ensure that systems are in place to ensure that— (a) the information given is accurate; and (b) any inaccurate information is promptly corrected. (4) In this section: NLIS register—see section 52X. 52Z Inspection of slaughtered stock (1) The chief veterinary officer may inspect the carcass of an animal that has been slaughtered at an abattoir. (2) Without limiting subsection (1), if the chief veterinary officer believes on reasonable grounds that appropriate health standards for the animal have not been met, the chief veterinary officer may— (a) take samples or seize the carcass for testing or other investigation of the health of the animal; or (b) direct the person in charge of the abattoir to do anything to the carcass to enable investigation of the health of the animal; or (c) dispose of the carcass; or (d) direct the person in charge of the abattoir to dispose of the carcass as directed. (3) A person commits an offence if the person fails to take all reasonable steps to comply with a direction given to the person under subsection (2) (b) or (d). Maximum penalty: 50 penalty units. Part 4 National livestock identification system Division 4.6 Miscellaneous Section 52ZA page 66 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52ZA Evidentiary certificates (1) In a proceeding for an offence against this part, a certificate signed by the chief veterinary officer stating either of the following is evidence of the matters stated: (a) a property identification code has or has not been allocated to a property or premises; (b) an agent identification code has or has not been allocated to a stock and station agent. (2) Without limiting subsection (1), a certificate may state a matter by reference to a date or period. Restricted animal material—ruminants Part 5 Section 53 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 67 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Restricted animal material— ruminants 53 Definitions—pt 5 In this part: analyst means an analyst under section 54. bag includes a container or package. bulk, for feed or meal, means sold or supplied other than in a bag. compounded feed means feed that includes material of animal origin. feed tag means a tag or label, with dimensions of at least 45mm by 120mm, that is designed to be attached to a bag. meal means meat meal, bone meal, meat and bone meal, or any other meal of animal origin. non-restricted animal material statement—see section 55. restricted animal material means— (a) fishmeal; or (b) meal derived from poultry tissue; or (c) mammalian tissue or meal of mammalian origin other than— (i) tallow; and (ii) gelatine; and (iii) milk, milk products or milk protein. restricted animal material statement—see section 55. Part 5 Restricted animal material—ruminants Section 54 page 68 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 54 Analysts for pt 5 The following people are analysts for this part: (a) an analyst under the Public Health Act 1997, section 15; Note Analyst includes the government analyst (see Public Health Act 1997, dict). (b) anyone else appointed by the chief veterinary officer. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). 55 Animal material statements In this part: non-restricted animal material statement means the following statement: ‘This product does not contain restricted animal material’. restricted animal material statement means any of the following statements: (a) ‘This product contains restricted animal material—DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS’; (b) ‘This product contains restricted animal material—DO NOT FEED TO RUMINANTS’; (c) ‘DO NOT FEED TO RUMINANTS’; (d) ‘For non-ruminant use only’. http://www.legislation.act.gov.au/a/1997-69 http://www.legislation.act.gov.au/a/1997-69 http://www.legislation.act.gov.au/a/1997-69 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Restricted animal material—ruminants Part 5 Section 56 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 69 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 56 Offence—manufacture of ruminant food A person commits an offence if the person— (a) manufactures compounded feed or meal that includes restricted animal material; and (b) fails to take reasonable steps to prevent the inclusion of restricted animal material in the feed or meal; and (c) is reckless about whether the feed or meal is for ruminant use. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. 57 Offences—sale or supply of bulk or bagged compounded feed and meal (1) A person commits an offence if— (a) the person sells or supplies bulk feed or meal that contains restricted animal material; and (b) the invoice or other document about the sale or supply of the feed or meal does not contain a restricted animal material statement that complies with subsection (5). Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if— (a) the person sells or supplies bulk feed or meal that does not contain restricted animal material; and (b) the invoice or other document about the sale or supply of the feed or meal does not contain a non-restricted animal material statement that complies with subsection (5). Maximum penalty: 100 penalty units, imprisonment for 1 year or both. Part 5 Restricted animal material—ruminants Section 57 page 70 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A person commits an offence if— (a) the person sells or supplies a bag of compounded feed or meal that contains restricted animal material; and (b) the bag does not have a statement on the bag, or a feed tag attached to the bag, that contains a restricted animal material statement complying with subsection (5). Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (4) A person commits an offence if— (a) the person sells or supplies in a bag compounded feed or meal that does not contain restricted animal material; and (b) the bag does not have a statement on the bag, or a feed tag attached to the bag, that contains a non-restricted animal material statement that complies with subsection (5). Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (5) For this section, a statement must be— (a) prominently displayed; and (b) in letters at least 3mm high; and (c) in dark print on a light background. (6) This section does not apply to— (a) material sold or supplied as pet food; (b) food sold or supplied for feeding to non-ruminant laboratory animals. (7) For this section: pet food includes food for aquarium fish and caged birds other than poultry. Restricted animal material—ruminants Part 5 Section 58 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 71 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 58 Offence—obscuring of statements A person commits an offence if— (a) the person alters, defaces, damages or otherwise interferes with an invoice or other document relating to compounded feed or meal; and (b) the interference alters, obscures or removes a restricted animal material statement or a non-restricted animal material statement contained in the invoice or other document. Maximum penalty: 50 penalty units. 59 Offence—removal etc of feed tags (1) A person commits an offence if the person removes or alters a restricted animal material statement or a non-restricted animal material statement on a bag, or on a feed tag attached to a bag, that contains compounded feed or meal. Maximum penalty: 50 penalty units. (2) A person commits an offence if— (a) the person alters, defaces, damages or otherwise interferes with a bag, or a feed tag attached to a bag, that contains compounded feed or meal; and (b) the interference alters, obscures or removes a restricted animal material statement or non-restricted animal material statement on the bag or feed tag. Maximum penalty: 50 penalty units. Part 5 Restricted animal material—ruminants Section 60 page 72 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 60 Offences—feeding restricted animal material to ruminants (1) A person commits an offence if— (a) the person feeds restricted animal material to a ruminant; and (b) is reckless about whether the material contains restricted animal material. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if— (a) the person feeds bulk compounded feed or bulk meal to a ruminant; and (b) the invoice or other document about the sale or supply of the feed or meal contains a restricted animal material statement. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (3) A person commits an offence if— (a) the person feeds bagged compounded feed or bagged meal to a ruminant; and (b) a statement on the bag, or a feed tag attached to the bag, contains a restricted animal material statement. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (4) This section does not apply to a person who feeds restricted animal material to a ruminant under an approval under subsection (5). (5) The chief veterinary officer may, in writing, approve the feeding of restricted animal material to a ruminant for research purposes if the chief veterinary officer is satisfied that the research is in the public interest. Restricted animal material—ruminants Part 5 Section 61 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 73 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 61 Procedure if samples taken for pt 5 If an authorised person takes a sample for part 5 (Restricted animal material—ruminants), the authorised person must— (a) divide the sample into 3 parts; and (b) place each part in a separate container and seal the containers; and (c) attach to each container a label that is signed by the authorised person and states particulars of the date and time when, and the place where, the sample was taken by the authorised person; and (d) give 1 of the 3 containers to each of the following: (i) the occupier of the premises; (ii) an analyst; (iii) the chief veterinary officer. 62 Evidence of analysis for pt 5 (1) An analyst may certify the following about a sample taken for this part: (a) that the analyst analysed the sample from a sealed container to which was attached a label purporting to be signed by the authorised person named in the certificate and stating particulars of when, and the place where, the sample was taken by the authorised person; (b) the analysis to which the sample was subjected; (c) the results of the analysis. (2) In a prosecution for an offence against this part, a certificate under subsection (1) is evidence of the matters stated in it and of the facts on which they are based. Part 5A Beekeepers Section 62A page 74 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5A Beekeepers 62A Definitions—pt 5A In this part: beekeeper means a person who owns beehives in which European honey bees (Apis mellifera) are kept. corresponding law, of a State, means a law of the state about the registration of beekeepers. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). hive records—see section 62F (1). 62B Beekeepers to be registered (1) A person commits an offence if— (a) the person is a beekeeper; and (b) the person’s beehives are always located in the ACT; and (c) the person is not registered as a beekeeper under this part. Maximum penalty: 5 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if the person proves— (a) the person is registered as a beekeeper under the Biosecurity Act 2015 (NSW); and (b) the person’s registration number under that Act is displayed on any beehive brought into the ACT by the person. Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59). http://www.legislation.act.gov.au/a/2001-14 https://www.legislation.nsw.gov.au/#/view/act/2015/24 https://www.legislation.nsw.gov.au/#/view/act/2015/24 http://www.legislation.act.gov.au/a/2002-51 Beekeepers Part 5A Section 62C R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 75 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 62C Application for registration (1) A beekeeper may apply to the director-general— (a) to be registered as a beekeeper; or (b) for a registered beekeeper—to renew the beekeeper’s registration. (2) The application must— (a) be in writing; and (b) include— (i) the applicant’s name, address, email address and phone number; and (ii) the number of beehives owned by the beekeeper; and (iii) any other information prescribed by regulation. Note 1 Giving false or misleading information is an offence against the Criminal Code, s 338. Note 2 A fee may be determined under s 88 for an application. (3) Within 30 days from the day the application is received, the director-general must decide whether to— (a) register, or renew the registration of, the applicant; or (b) refuse to register the applicant. Note Failure to register the applicant within the required time is taken to be a decision not to register the applicant (see ACT Civil and Administrative Tribunal Act 2008, s 12). (4) The director-general must, as soon as practicable after deciding whether to register the applicant, tell the applicant in writing— (a) if the application is approved or refused; and (b) if the application is refused—the reason for the refusal. Note For how documents may be served, see the Legislation Act, pt 19.5. http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2001-14 Part 5A Beekeepers Section 62D page 76 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) A beekeeper’s registration— (a) starts— (i) for a first registration—on the day the registration is approved; or (ii) for a renewed registration—from the day the previous registration ends; and (b) ends on the later of— (i) 3 years from the day the registration started; and (ii) if the beekeeper applies for renewed registration—the day on which the application is decided. 62D Grounds for deciding an application (1) This section applies to a decision made by the director-general about registering, including renewing the registration of, a beekeeper. (2) The director-general may only register the applicant if the director-general is satisfied that the applicant complies, and is likely to continue to comply, with the requirements of this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (3) The director-general may refuse to register the applicant if— (a) the application is materially false or misleading; or (b) the applicant has, within 2 years before the application was made, committed an offence under this Act or a corresponding law of a State. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Beekeepers Part 5A Section 62E R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 77 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 62E Beekeeper must update details (1) This section applies if any of the following details change: (a) a registered beekeeper’s name; (b) a registered beekeeper’s address; (c) a registered beekeeper’s phone number; (d) a registered beekeeper’s email address. (2) The beekeeper must tell the director-general, in writing, the beekeeper’s new details. 62F Beekeeper must keep records (1) A registered beekeeper must keep the following written records about the beekeeper’s beehives (hive records): (a) if the beekeeper’s beehives are moved— (i) each date when the beehives were moved; and (ii) the number of beehives moved; and (iii) the site from which the beehives were moved; and (iv) the site to which the beehives were moved; and (v) the name of the person who moved the beehives; (b) if any of the beekeeper’s beehives are lost or stolen—the date of the loss or theft and the number of beehives lost or stolen (to the extent that this information is known to the beekeeper); (c) if any of the beekeeper’s beehives are destroyed—the date of destruction and the number of beehives destroyed; Part 5A Beekeepers Section 62G page 78 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) if the beekeeper disposes of a beehive to another person, whether by sale or otherwise—within 28 days from the disposal— (i) the name of the person receiving the beehive; and (ii) the postal address of the person receiving the beehive. (2) The registered beekeeper must— (a) keep the hive records for at least 3 years; and (b) at the request of an authorised person, give the authorised person the beekeeper’s hive records. 62G Beekeeper must display registration number (1) For each registered beekeeper the director-general must— (a) allocate a unique registration number for the beekeeper’s beehives (a registration number); and (b) tell the beekeeper, in writing, what the beekeeper’s registration number is. (2) Within 60 days after being told the beekeeper’s registration number, the beekeeper must— (a) display the number clearly and permanently on any outside wall of the broodbox of each beehive that is kept by the beekeeper; and (b) strike out any previous registration number displayed on the broodbox but so that the previous number remains legible. (3) In this section: broodbox means the bottom box of an active beehive. Beekeepers Part 5A Section 62H R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 79 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 62H Beekeeping code of practice (1) The Minister may approve a code of practice setting out the duties of owners, carers and keepers of bees. (2) An approved code of practice may apply, adopt or incorporate an instrument, as in force from time to time. Note 1 The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A notifiable instrument must be notified under the Legislation Act. Note 3 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)). (3) An approved code of practice is a disallowable instrument. Note A disallowable instrument must be notified and presented to the Legislative Assembly, under the Legislation Act. 62I Suspension of registration The director-general may suspend a registered beekeeper’s registration if the beekeeper— (a) breaches the code of practice approved under section 62H; or (b) fails to keep hive records; or (c) fails to update the beekeeper’s details under section 62E; or (d) fails to comply with an order made or a direction given by the director-general, or a direction given by an authorised person under this Act; or (e) becomes registered as a beekeeper under the Biosecurity Act 2015 (NSW). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 https://www.legislation.nsw.gov.au/#/view/act/2015/24 https://www.legislation.nsw.gov.au/#/view/act/2015/24 Part 5A Beekeepers Section 62J page 80 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 62J Cancellation of registration The director-general may cancel a registered beekeeper’s registration if the beekeeper— (a) fails to keep hive records; or (b) fails to comply with an order made or a direction given by the director-general, or a direction given by an authorised person under this Act; or (c) dies; or (d) is a corporation and is under external administration under the Corporations Act, chapter 5; or (e) commits an offence under this Act or a corresponding law. 62K Register of beekeepers (1) The director-general must keep a register of registered beekeepers (the register). (2) The register must include the following information: (a) each beekeeper’s name, registration number, address, phone number and email address; (b) any other information prescribed by regulation. (3) The register may be kept in any form, including electronically, that the director-general decides. (4) The director-general— (a) must make the register available at no cost to the following people: (i) an authorised person; (ii) for a biosecurity risk involving bees—a person who the director-general is satisfied on reasonable grounds requires access to the register to respond to the risk; and http://www.comlaw.gov.au/Series/C2004A00818 Beekeepers Part 5A Section 62K R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 81 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) may make the register available to any other person. Note 1 The Territory privacy principles (the TPPs) apply to the director-general (see Information Privacy Act 2014, sch 1). The TPPs deal with the collection, storage and exchange of personal information. Note 2 A fee may be determined under s 88 for par (b). (5) In this section: registration number—see section 62G (1) (a). http://www.legislation.act.gov.au/a/2014-24 Part 6 Enforcement Division 6.1 General Section 63 page 82 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Enforcement Division 6.1 General 63 Definitions—pt 6 In this part: connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. disease means an exotic disease or an endemic disease. occupier, of premises, includes— (a) a person believed, on reasonable grounds, to be an occupier of the premises; and (b) a person apparently in charge of the premises. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed. Division 6.2 Authorised people 64 Appointment of authorised people (1) The director-general may appoint the following to be an authorised person for this Act: (a) a public servant; Enforcement Part 6 Authorised people Division 6.2 Section 65 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 83 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) an officer or employee of a State agency, if the functions of the State agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the State; Note State also includes the Northern Territory (see Legislation Act, dict, pt 1). (c) an employee of a Commonwealth agency, if the functions of the Commonwealth agency relate, directly or indirectly, to the detection, prevention and control of outbreaks of endemic and exotic animal diseases in the Commonwealth. (2) The chief veterinary officer is an authorised person for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (3) Also, a police officer is an authorised person for this Act. 65 Identity cards (1) The director-general must give an authorised person (other than a police officer) an identity card stating the person’s name and that the person is an authorised person. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 6 Enforcement Division 6.3 Powers of authorised people Section 66 page 84 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A person commits an offence if— (a) the person stops being an authorised person; and (b) the person does not return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence. Division 6.3 Powers of authorised people 66 Power to enter premises (1) For this Act, an authorised person may— (a) at any reasonable time, enter premises if the authorised person suspects, on reasonable grounds— (i) that an animal, animal product or thing at the premises is, or the premises are, infected with a disease; or (ii) that entry to the premises is necessary to prevent or control the spread of disease; or (b) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or (c) at any time, enter premises with the occupier’s consent; or (d) enter premises in accordance with a search warrant; or (e) at any time, enter premises if the authorised person believes, on reasonable grounds, that the circumstances are so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary. (2) However, subsection (1) (a) or (b) does not authorise entry into a part of premises that is being used only for residential purposes. Enforcement Part 6 Powers of authorised people Division 6.3 Section 66 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 85 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises. (4) For subsection (1), an authorised person may stop and detain a vehicle if the authorised person believes, on reasonable grounds, that it is necessary to stop and detain the vehicle— (a) to find out whether an animal, animal product or other thing in or on the vehicle is, or the vehicle is, infected with a disease; or (b) to prevent or control the spread of disease. (5) For subsection (4), the authorised person— (a) may direct the driver of the vehicle to move the vehicle to a place (or another place) to which the public has access; and (b) may exercise the authorised person’s powers in relation to the vehicle at the place; and (c) must not detain the vehicle for longer than is reasonably necessary to exercise the authorised person’s powers under this part. (6) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge. (7) For subsection (1) (e), the authorised person may enter the premises with any necessary and reasonable assistance and force. (8) In this section: at any reasonable time includes at any time— (a) for subsection (1) (a)—during normal business hours; or (b) for subsection (1) (b)—when the public is entitled to use the premises, or when the premises are open to or used by the public (whether or not on payment of money); or Part 6 Enforcement Division 6.3 Powers of authorised people Section 67 page 86 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) for a vehicle, includes— (i) when the vehicle is in use on a road, or road related area or in another place to which the public has access; or (ii) if the vehicle is a trailer—when the vehicle is attached or connected to a vehicle in use on a road, or road related area or in another place to which the public has access, or is otherwise in use. 67 Production of identity card An authorised person must not remain at premises entered under this part if the authorised person does not produce his or her identity card when asked by the occupier. 68 Consent to entry (1) When seeking the consent of an occupier of premises to enter premises under section 66 (1) (c), an authorised person must— (a) produce his or her identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and Enforcement Part 6 Powers of authorised people Division 6.3 Section 69 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 87 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (3) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent for the entry is not produced in evidence; and (c) it is not proved that the occupier consented to the entry. 69 General powers on entry to premises (1) An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises: (a) inspect or examine; (b) take measurements or conduct tests; (c) take samples; (d) take photographs, films, or audio, video or other recordings; (e) take copies of, or an extract from, any document relating to— (i) an infected animal; or (ii) an animal that is kept or has been kept within an exotic disease quarantine area or an endemic disease quarantine area; or (iii) identifiable stock; Part 6 Enforcement Division 6.3 Powers of authorised people Section 70 page 88 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) if the authorised person has reasonable grounds for suspecting that an animal, animal product or other thing may be infected with a disease— (i) seize the animal, animal product or other thing or direct that it be detained on the premises; or (ii) take a sample from the animal, animal product or other thing; or (iii) use a test approved by the chief veterinary officer to find out whether the animal, animal product or other thing is infected with the disease; (g) require the occupier, or anyone at the premises, to give the authorised person reasonable help to exercise a power under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (g). Maximum penalty: 50 penalty units. 70 Power to require name and address (1) An authorised person may require a person to state the person’s name and home address if the authorised person believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The authorised person must tell the person the reason for the requirement and, as soon as practicable, record the reason. (3) The person may ask the authorised person to produce his or her identity card for inspection by the person. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Enforcement Part 6 Powers of authorised people Division 6.3 Section 71 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 89 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person must comply with a requirement made of the person under subsection (1) if the authorised person— (a) tells the person the reason for the requirement; and (b) complies with any request made by the person under subsection (3). Maximum penalty: 10 penalty units. (5) An offence against this section is a strict liability offence. 71 Power to seize things (1) An authorised person who enters premises under this part with the occupier’s consent may seize anything at the premises if— (a) the authorised person is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (2) An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant. (3) An authorised person who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied, on reasonable grounds, that— (a) the thing is connected with an offence against this Act; and (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. Part 6 Enforcement Division 6.3 Powers of authorised people Section 72 page 90 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Having seized a thing, an authorised person may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (5) A person commits an offence if— (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (4); and (b) the person does not have an authorised person’s approval to interfere with the thing. Maximum penalty: 50 penalty units. (6) An offence against this section is a strict liability offence. 72 Additional powers for travelling stock (1) If an authorised person believes, on reasonable grounds, that the owner of travelling stock is contravening this Act, the authorised person may hold the travelling stock until the Act is complied with. (2) If an authorised person believes, on reasonable grounds, that it is necessary to find out whether an animal is infected with a disease, or to control the spread of disease, the authorised person may— (a) detain travelling stock for examination; or (b) direct the owner of the stock, in writing— (i) to travel the stock to stated premises; or (ii) to hold the stock at stated premises and to comply with any conditions stated in the direction. (3) A person must take all reasonable steps to comply with a direction given to the person under subsection (2) (b). Maximum penalty: 50 penalty units. Enforcement Part 6 Search warrants Division 6.4 Section 73 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 91 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) An offence against this section is a strict liability offence. (5) In this section: owner, of travelling stock, includes a person in charge of the stock. travelling stock means stock that is being travelled other than on the property where the stock is ordinarily kept. 73 Additional powers for honeybees (1) If an authorised person believes on reasonable grounds that a person keeping bees is engaging in conduct in contravention of this Act, the authorised person may direct the person, in writing, to comply with this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) A direction under subsection (1) must state a reasonable period for compliance. (3) If the conduct engaged in makes up the physical elements of an offence, the giving of a direction under subsection (1) does not prevent the bringing of proceedings for the offence. Division 6.4 Search warrants 74 Warrants generally (1) An authorised person may apply to a magistrate for a warrant to enter premises. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 6 Enforcement Division 6.4 Search warrants Section 75 page 92 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence against this Act; and (b) the thing or activity— (i) is, or is being engaged in, at the premises; or (ii) may be, or may be engaged in, at the premises within the next 14 days. (5) The warrant must state— (a) that an authorised person may, with any necessary assistance and force, enter the premises and exercise the authorised person’s powers under this part; and (b) the offence for which the warrant is sought; and (c) the thing that may be seized under the warrant; and (d) the hours when the premises may be entered; and (e) the date, within 14 days after the day of the warrant’s issue, the warrant ends. 75 Warrants—application made other than in person (1) An authorised person may apply for a warrant by phone, fax, radio or other form of communication if the authorised person considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application is sworn. Enforcement Part 6 Search warrants Division 6.4 Section 75 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 93 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) After issuing the warrant, the magistrate must immediately provide a written copy to the authorised person if it is practicable to do so. (5) If it is not practicable to provide a written copy to the authorised person— (a) the magistrate must— (i) tell the authorised person the terms of the warrant; and (ii) tell the authorised person the date and time the warrant was issued; and (b) the authorised person must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person’s powers under this part. (7) The authorised person must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the authorised person completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find that a power exercised by the authorised person was not authorised by a warrant under this section if— (a) the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and Part 6 Enforcement Division 6.4 Search warrants Section 76 page 94 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section. 76 Search warrants—announcement before entry (1) An authorised person must, before anyone enters premises under a search warrant— (a) announce that the authorised person is authorised to enter the premises; and (b) give anyone at the premises an opportunity to allow entry to the premises; and (c) if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify himself or herself to the person. (2) The authorised person is not required to comply with subsection (1) if the authorised person believes, on reasonable grounds, that immediate entry to the premises is required to ensure— (a) the safety of anyone (including the authorised person or a person assisting); or (b) that the effective execution of the warrant is not frustrated. 77 Details of search warrant to be given to occupier etc If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the authorised person or a person assisting must make available to the person— (a) a copy of the warrant; and (b) a document setting out the rights and obligations of the person. Enforcement Part 6 Return and forfeiture of things seized Division 6.5 Section 78 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 95 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 78 Occupier entitled to be present during search etc (1) If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted. (2) However, the person is not entitled to observe the search if— (a) to do so would impede the search; or (b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time. Division 6.5 Return and forfeiture of things seized 79 Receipt for things seized (1) As soon as practicable after an authorised person seizes a thing under this part, the authorised person must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must leave the receipt, secured conspicuously, at the place of seizure under section 71 (Power to seize things). (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the authorised person’s name, and how to contact the authorised person; (d) if the thing is moved from the place of seizure—where the thing is to be taken. Part 6 Enforcement Division 6.5 Return and forfeiture of things seized Section 80 page 96 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 80 Access to things seized A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may— (a) inspect it; and (b) if it is a document—take extracts from it or make copies of it. 81 Moving things to another place for examination or processing under search warrant (1) A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates; (ii) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises agrees in writing. (2) The thing may be moved to another place for examination or processing for no longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the authorised person believes, on reasonable grounds, that the thing cannot be examined or processed within 72 hours. (4) The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. Enforcement Part 6 Return and forfeiture of things seized Division 6.5 Section 82 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 97 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If a thing is moved to another place under this section, the authorised person must, if practicable— (a) tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the occupier or the occupier’s representative to be present during the examination or processing. (6) The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section. 82 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid by the Territory to the owner for the loss of the thing, if— (a) an infringement notice for an offence relating to the thing is not served on the owner within 90 days after the day of the seizure and— (i) a prosecution for an offence relating to the thing is not begun within the 90-day period; or (ii) a prosecution for an offence relating to the thing is begun within the 90-day period but the court does not find the offence proved; or (b) an infringement notice for an offence relating to the thing is served on the owner within 90 days after the day of the seizure, the infringement notice is withdrawn and— (i) a prosecution for an offence relating to the thing is not begun within the 90-day period; or Part 6 Enforcement Division 6.6 Miscellaneous Section 83 page 98 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) a prosecution for an offence relating to the thing is begun within the 90-day period but the court does not find the offence proved; or (c) an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 90 days after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and— (i) an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under section 132 that liability is disputed; or (ii) an information is laid in the Magistrates Court against the person for the offence within the 60-day period, but the Magistrates Court does not find the offence proved. (2) If anything seized under this part is not required to be returned or reasonable compensation is not required to be paid under subsection (1), the thing— (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of as the director-general directs. Division 6.6 Miscellaneous 83 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take all reasonable steps to ensure that the authorised person, and a person assisting, causes as little inconvenience, detriment and damage as practicable. http://www.legislation.act.gov.au/a/1930-21 Enforcement Part 6 Miscellaneous Division 6.6 Section 84 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 99 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If an authorised person, or a person assisting, damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes, on reasonable grounds, is the owner of the thing. (3) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises. 84 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person or a person assisting an authorised person. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. Part 7 Notification and review of decisions Section 85 page 100 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Notification and review of decisions 85 Meaning of reviewable decision—pt 7 In this part: reviewable decision means a decision prescribed by regulation. 86 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity prescribed by regulation in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. 86A Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity prescribed by regulation in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 Miscellaneous Part 8 Section 87 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 101 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Miscellaneous 87 Noncompliance with directions and cost recovery (1) If a person contravenes a direction given by the chief veterinary officer or authorised person under this Act, the chief veterinary officer or authorised person may arrange for action to be taken to give effect to the direction. (2) The reasonable costs incurred by the chief veterinary officer or authorised person under subsection (1), are a debt payable to the Territory by the person to whom the direction was given. 87A Information exchange between jurisdictions (1) This section applies to any information collected in relation to— (a) detection, prevention and control of outbreaks of endemic and exotic animal diseases in the ACT; and (b) prevention and control of outbreaks of endemic and exotic animal diseases in other jurisdictions within Australia. (2) The chief veterinary officer may give the information to a corresponding administrative agency for the purposes of the corresponding administrative agency. (3) This section is additional to any other Act that provides for information to be given by, or to, a corresponding administrative body. (4) In this section: agency— (a) means— (i) an administrative unit; or (ii) a statutory office-holder; or (iii) any other entity established for a public purpose; and Part 8 Miscellaneous Section 88 page 102 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) includes a member of, or a member of the staff of, the agency. corresponding administrative agency means the agency responsible for the administration of a corresponding law in another jurisdiction within Australia. 88 Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 90 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may make provision in relation to the following: (a) prohibiting entry into the ACT of infected animals; (b) prohibiting movement of animals for a period of not longer than 72 hours; (c) the conditions under which animals may be brought into the ACT; (d) inspecting animals brought into the ACT; (e) preventing the introduction of, or the spread of, exotic diseases or endemic diseases; (f) the artificial breeding of stock; (g) detaining, treating, inoculating or isolating animals in a quarantine area; http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Miscellaneous Part 8 Section 90 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 103 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (h) moving animals within, into, or out of, a quarantine area; (i) seizing and destroying infected animals; (j) treating or decontaminating any premise or thing that may spread an exotic or endemic disease; (k) branding infected animals; (l) closing of any road in or adjacent to a quarantine area or erecting of fences or gates across any road to regulate or prevent the movement of animals; (m) the methods of diagnosing and discovering exotic and endemic diseases; (n) requirements for NLIS and permanent identifiers; (o) declarations to be given by sellers of animals about the health and welfare of the animals or farming practices, chemicals or biological products used with the animals; or (p) schemes of identification of stock (whether on a compulsory or voluntary basis). (3) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences. (4) In this section: farming practices includes practices relating to— (a) disease management in animals; and (b) the genetic modification of animals; and (c) the breeding of animals. Dictionary page 104 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • contravene • Corporations Act • director-general (see s 163) • document • exercise • function • home address • police officer • public notice • reviewable decision notice • State • veterinary practitioner. agency, of the Commonwealth or a State— (a) means— (i) a department of the Commonwealth or State; or (ii) a statutory office-holder of the Commonwealth or State; or (iii) any other entity established for a public purpose under a law of the Commonwealth or State; and (b) includes a member of, or a member of the staff of, the agency. agent identification code, for part 4 (National livestock identification system)—see section 37. analyst, for part 5 (Restricted animal material—ruminants)—see section 54. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Dictionary R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 105 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au animal includes— (a) a vertebrate and an invertebrate; and (b) an egg, embryo, ovum or sperm, or other product, of an animal from which another animal could be produced; and (c) a dead animal; but does not include a human being. animal product includes— (a) a part of an animal or a secretion or thing that has at any time been part of an animal; and (b) a product or thing made or derived from an animal or a part of an animal. at premises includes in or on the premises. authorised person means an authorised person under section 64. bag, for part 5 (Restricted animal material—ruminants)—see section 53. beekeeper, for part 5A (Beekeepers)—see section 62A. breeder device means an identifier containing the property identification code of the property on which the stock that is to carry the identifier was born. bulk, for feed or meal, for part 5 (Restricted animal material— ruminants)—see section 53. camelids, for part 4 (National livestock identification system)—see section 37. cattle, for part 4 (National livestock identification system)—see section 37. chief veterinary officer means the Chief Veterinary Officer appointed under section 7. Dictionary page 106 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au compounded feed, for part 5 (Restricted animal material— ruminants)—see section 53. connected, for part 6 (Enforcement)—see section 63. corresponding law, of a State, for part 5A (Beekeepers)—see section 62A. delivery information, in relation to identifiable stock, for subdivision 4.4.1 (Provisions applying to all identifiable stock)—see section 52I. disease, for part 6 (Enforcement)—see section 63. endemic disease means a disease declared under section 16 to be an endemic disease. endemic disease quarantine area means an area declared under section 20 to be an endemic disease quarantine area. equine, for part 4 (National livestock identification system)—see section 37. exotic disease means a disease declared under section 12 to be an exotic disease. exotic disease quarantine area means an area declared under section 19 to be an exotic disease quarantine area. farm property— (a) means a property for which a property identification code may be allocated; but (b) does not include— (i) an abattoir; or (ii) a saleyard; or (iii) a property for which a property identification code may be allocated only because a stock event is held on the property. Dictionary R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 107 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au feed tag, for part 5 (Restricted animal material—ruminants)—see section 53. hive records, for part 5A (Beekeepers)—see section 62F (1). identifiable stock, for part 4 (National livestock identification system)—see section 37. identifier, for part 4 (National livestock identification system)—see section 37. infected—see section 9. large poultry, for part 4 (National livestock identification system)— see section 37. market value, for compensation for an animal, premises or other thing, means the value that the animal, premises or other thing would have had if, at the time when the assessment for compensation is made— (a) it had not been infected with a disease; and (b) it had been offered for sale on the open market. meal, for part 5 (Restricted animal material—ruminants)—see section 53. NLIS means the national livestock identification system for identifying and tracing identifiable stock agreed to by the Commonwealth and the States under a resolution of the Primary Industries Ministerial Council of 2 October 2003. NLIS administrator means Integrity Systems Company Limited (ACN 134 745 038). NLIS device means a breeder device or post breeder device that is fully or conditionally accredited by the NLIS administrator as a permanent identifier for a particular species of stock. Dictionary page 108 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au NLIS movement document means the following: (a) for identifiable stock other than pigs—a national vendor declaration and waybill approved from time to time by SAFEMEAT (being the entity formed between industry and Australian governments to ensure the safety and hygiene of red meat and livestock) and Meat and Livestock Australia; (b) for pigs—a national vendor declaration (PigPass) approved by Australian Pork Limited; (c) a post-sale summary that contains the transaction information; (d) an exhibitor entry or registration form for an agricultural show that contains the delivery information. non-restricted animal material statement, for part 5 (Restricted animal material—ruminants)—see section 55. occupier, of premises, for part 6 (Enforcement)—see section 63. offence, for part 6 (Enforcement)—see section 63. permanent identifier means: (a) for cattle, sheep or goats—an NLIS device; or (b) for pigs weighing 25kg or less—an NLIS device; or (c) for pigs weighing more than 25kg— (i) an NLIS device; or (ii) a permanent identifier for pigs. permanent identifier for pigs means a carbon based ink or paste brand— (a) containing the final 6 characters of the property identification code of the property on which the brand is applied— (i) that is no more than 53mm wide; and (ii) that has the characters set out on 2 equal rows one above the other; and Dictionary R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 109 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) that is applied so the characters are clearly visible and are at least 20mm high with spaces between those characters of between 2mm and 3mm; or (b) in a form approved by the chief veterinary officer. post breeder device means an identifier containing the property identification code of a property other than the property on which the stock that is to carry the identifier was born. premises includes land or a structure or vehicle and any part of an area of land or a structure or vehicle. previous property, in relation to identifiable stock, means the last farm property at which the stock was held. properly identified, for part 4 (National livestock identification system)—see section 47. property for part 4 (National livestock identification system)—see section 47. property identification code, for part 4 (National livestock identification system)—see section 37. quarantine area means an exotic disease quarantine area or an endemic disease quarantine area. restricted animal material, for part 5 (Restricted animal material— ruminants)—see section 53. related NLIS law, for part 4 (National livestock identification system)—see section 37. relevant identification particulars means— (a) for cattle— (i) the property identification code of each property in relation to which the cattle have been (or are required to be) permanently identified; and Dictionary page 110 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) information allowing each animal to be individually identified; and (b) for sheep, goats or pigs—the property identification code of each property in relation to which the sheep, goats or pigs have been (or are required to be) permanently identified. responsible person, for part 4 (National livestock identification system)—see section 37. restricted animal material statement, for part 5 (Restricted animal material—ruminants)—see section 55. reviewable decision, for part 7 (Notification and review of decisions)—see section 85. road means any road, street, lane, thoroughfare or footpath open to, or used by, the public. saleyard means premises on which identifiable stock is sold by public auction. small poultry, for part 4 (National livestock identification system)— see section 37. stock and station agent means a person who holds a licence as a stock and station agent under the Agents Act 2003 or a corresponding law. stock event means an event that involves identifiable stock being kept at premises for the purposes of an exhibition or competition. Example—stock event an agricultural show supply, for subdivision 4.3.2 (Permanent identifiers)—see section 51. transaction information, for a reportable transaction, for subdivision 4.4.2 (Reporting to the NLIS administrator)—see section 52O. http://www.legislation.act.gov.au/a/2003-20 Dictionary R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 111 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au vehicle— (a) see the Road Transport (General) Act 1999, dictionary; and (b) includes a boat or aircraft. http://www.legislation.act.gov.au/a/1999-77 Endnotes 1 About the endnotes page 112 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired http://www.legislation.act.gov.au/a/2001-14/default.asp Endnotes Legislation history 3 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 113 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Animal Diseases Act 2005 A2005-18 notified LR 13 April 2005 s 1, s 2 commenced 13 April 2005 (LA s 75 (1)) remainder commenced 13 October 2005 (s 2 and LA s 79) as amended by Statute Law Amendment Act 2005 (No 2) A2005-62 sch 1 pt 1.1 notified LR 21 December 2005 s 1, s 2 commenced 21 December 2005 (LA s 75 (1)) sch 1 pt 1.1 commenced 11 January 2006 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.5 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 2 pt 2.5 commenced 29 September 2006 (s 2 (1)) Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.2 notified LR 6 December 2007 s 1, s 2 commenced 6 December 2007 (LA s 75 (1)) sch 3 pt 3.2 commenced 27 December 2007 (s 2) Animal Diseases Amendment Act 2007 A2007-45 notified LR 13 December 2007 s 1, s 2 commenced 13 December 2007 (LA s 75 (1)) remainder commenced 14 December 2007 (s 2) Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.1 notified LR 14 August 2008 s 1, s 2 commenced 14 August 2008 (LA s 75 (1)) sch 2 pt 2.1 commenced 14 February 2009 (s 2 and LA s 79) Statute Law Amendment Act 2008 A2008-28 sch 1 pt 1.1 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 1 pt 1.1 commenced 26 August 2008 (s 2) http://www.legislation.act.gov.au/a/2005-62 http://www.legislation.act.gov.au/a/2006-40 http://www.legislation.act.gov.au/a/2007-39 http://www.legislation.act.gov.au/a/2007-45 http://www.legislation.act.gov.au/a/2008-26 http://www.legislation.act.gov.au/a/2008-28 Endnotes 3 Legislation history page 114 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.6 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.6 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Animal Diseases Amendment Act 2009 A2009-14 notified LR 29 June 2009 s 1, s 2 commenced 29 June 2009 (LA s 75 (1)) remainder commenced 6 July 2009 (s 2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.2 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.2 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.1 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.1 commenced 17 December 2009 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.8 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.8 commenced 1 July 2011 (s 2 (1)) Territory and Municipal Services Legislation Amendment Act 2013 A2013-42 sch 1 pt 1.1 notified LR 6 November 2013 s 1, s 2 commenced 6 November 2013 (LA s 75 (1)) sch 1 pt 1.1 commenced 7 November 2013 (s 2) Territory and Municipal Services Legislation Amendment Act 2014 A2014-32 pt 2 notified LR 20 August 2014 s 1, s 2 commenced 20 August 2014 (LA s 75 (1)) pt 2 commenced 21 August 2014 (s 2) http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/cn/2009-2/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2014-32 Endnotes Legislation history 3 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 115 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.5 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.5 commenced 14 October 2015 (s 2) Animal Diseases (Beekeeping) Amendment Act 2015 A2015-53 notified LR 26 November 2015 s 1, s 2 commenced 26 November 2015 (LA s 75 (1)) remainder commenced 24 May 2016 (s 2, CN2016-10 and see LA s 77 (3)) Animal Diseases Amendment Act 2018 A2018-28 pt 2 notified LR 15 August 2018 s 1, s 2 commenced 15 August 2018 (LA s 75 (1)) pt 2 commenced 17 January 2019 (s 2 and CN2019-1) Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.1 notified LR 30 August 2018 s 1, s 2 commenced 30 August 2018 (LA s 75 (1)) sch 3 pt 3.1 commenced 21 December 2018 (s 2 and CN2018-12) Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.1 notified LR 25 September 2018 s 1, s 2 commenced 25 September 2018 (LA s 75 (1)) sch 1 pt 1.1 commenced 23 October 2018 (s 2 (4)) Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.2 notified LR 8 November 2018 s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2)) sch 3 pt 3.2 commenced 22 November 2018 (s 2 (1)) Planning and Environment Legislation Amendment Act 2020 A2020-22 pt 2 notified LR 10 June 2020 s 1, s 2 commenced 10 June 2020 (LA s 75 (1)) pt 2 commenced 11 June 2020 (s 2) http://www.legislation.act.gov.au/a/2015-33/default.asp http://www.legislation.act.gov.au/a/2015-53/default.asp http://www.legislation.act.gov.au/cn/2016-10/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp https://www.legislation.act.gov.au/cn/2019-1/ http://www.legislation.act.gov.au/a/2018-32/default.asp https://www.legislation.act.gov.au/cn/2018-12/ http://www.legislation.act.gov.au/a/2018-33/default.asp http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2020-22/default.asp Endnotes 3 Legislation history page 116 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.1 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.1 commenced 23 June 2021 (s 2 (1)) http://www.legislation.act.gov.au/a/2021-12/ Endnotes Amendment history 4 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 117 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Objects of Act s 3 sub A2009-14 s 4 Dictionary s 4 am A2018-28 s 5 Chief veterinary officer pt 2 hdg sub A2009-14 s 5 Appointment of chief veterinary officer s 7 sub A2009-14 s 5 am A2011-22 amdt 1.32; A2018-32 amdt 3.1 Delegation by chief veterinary officer s 8 am A2007-45 s 4 sub A2009-14 s 5 Meaning of infected s 9 am A2018-32 amdt 3.1 Declarations under pt 3 s 10 am A2018-42 amdt 3.3 Certificate of freedom from disease s 11 am A2009-14 s 26; A2021-12 amdt 3.1 Declaration of exotic disease s 12 am A2018-42 amdt 3.12 Notification of exotic disease s 13 am A2009-14 s 26 Directions to control spread of exotic disease s 14 am A2009-14 s 6, s 7, s 26 Import restrictions s 15 am A2009-20 amdt 3.4; A2015-33 amdt 1.11; A2018-42 amdt 3.12 Declaration of endemic disease s 16 am A2018-42 amdt 3.12 Notification of endemic disease s 17 am A2009-14 s 26 Directions to control spread of endemic disease s 18 am A2009-14 s 8, s 9, s 26 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2007-45 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2021-12/ http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-14 Endnotes 4 Amendment history page 118 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Exotic disease quarantine area s 19 am A2009-14 s 10; A2009-20 amdt 3.4; A2015-33 amdt 1.12; A2018-42 amdt 3.12 Endemic disease quarantine area s 20 am A2009-14 s 11; A2018-42 amdt 3.12 Content of quarantine declarations s 21 am A2008-28 amdt 1.1 Offence—contravening restriction in quarantine declaration s 22 am A2009-14 s 12 Quarantine notices s 23 hdg sub A2015-33 amdt 1.13 s 23 am A2011-22 amdt 1.32, A2013-42 amdt 1.14; A2021-12 amdt 3.1 Offence—movement of animals s 24 am A2009-14 s 26; A2011-22 amdt 1.32 Authorisation for activity movements in quarantine area s 24A ins A2009-14 s 13 am A2018-42 amdt 3.12 Person conducting activity to comply with conditions s 24B ins A2009-14 s 13 Person conducting activity to keep records s 24C ins A2009-14 s 13 Removal of refuse from quarantine area s 25 am A2009-14 s 14, s 26 Court proceedings about exotic disease declaration s 26 am A2006-40 amdt 2.58 Destruction of infected animals etc—endemic disease s 27 am A2009-14 s 15, s 26 Compensation for animal etc destroyed—endemic disease s 28 am A2011-22 amdt 1.32; A2018-42 amdt 3.4, amdt 3.5 Destruction of infected animals etc—exotic disease s 29 am A2009-14 s 16, s 26 Compensation for animal etc destroyed—exotic disease s 30 am A2011-22 amdt 1.32 Compensation for death of animal from exotic disease s 31 am A2011-22 amdt 1.32; A2018-32 amdt 3.1 Spreading disease s 32 am A2009-14 s 26 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2021-12/ http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2006-40 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2009-14 Endnotes Amendment history 4 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 119 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Use of vaccines etc s 33 am A2009-14 s 26 Feeding of prohibited pig feed to controlled stock s 34 sub A2014-32 s 4 am A2018-32 amdt 3.1 Foot-and-mouth disease outbreak s 34A ins A2014-32 s 4 am A2018-32 amdt 3.1 Selling, disposing of or abandoning infected animals s 35 am A2009-14 s 17, s 26 Interference with structures securing infected animals s 36 am A2009-14 s 26 National livestock identification system pt 4 hdg sub A2018-28 s 6 General div 4.1 hdg ins A2018-28 s 6 Definitions—pt 4 s 37 sub A2018-28 s 6 def agent identification code ins A2018-28 s 6 def camelids ins A2018-28 s 6 def cattle ins A2018-28 s 6 def equine ins A2018-28 s 6 def identifiable stock ins A2018-28 s 6 def identifier ins A2018-28 s 6 def large poultry ins A2018-28 s 6 def property ins A2018-28 s 6 def property identification code ins A2018-28 s 6 def related NLIS law ins A2018-28 s 6 def responsible person ins A2018-28 s 6 def small poultry ins A2018-28 s 6 Identification codes div 4.2 hdg ins A2018-28 s 6 Allocating identification codes s 38 am A2018-42 amdt 3.12 sub A2018-28 s 6 Applying for property identification code s 39 am A2011-22 amdt 1.32, A2013-42 amdt 1.14 sub A2018-28 s 6 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2014-32 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2014-32 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp Endnotes 4 Amendment history page 120 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Responsible person for property with property identification code must update details s 40 am A2011-22 amdt 1.32, A2013-42 amdt 1.14 sub A2018-28 s 6 Applying for agent identification code s 41 am A2009-14 s 26 sub A2018-28 s 6 Stock and station agent must update details of agent identification code s 42 am A2009-49 amdt 3.1; A2011-22 amdt 1.32, A2013-42 amdt 1.14 sub A2018-28 s 6 Transfer of identification codes s 43 am A2011-22 amdt 1.32, A2013-42 amdt 1.14; A2018-42 amdt 3.12 sub A2018-28 s 6 Inactivation or cancellation of identification codes s 44 am A2011-22 amdt 1.32, A2013-42 amdt 1.14 sub A2018-28 s 6 Property identification code required if certain animals kept s 45 am A2011-22 amdt 1.32, A2013-42 amdt 1.14 sub A2018-28 s 6 Property identification code required if certain activities happen s 46 sub A2018-28 s 6 Permanent identification of identifiable stock div 4.3 hdg ins A2018-28 s 6 Identifiable stock sdiv 4.3.1 hdg ins A2018-28 s 6 When identifiable stock is properly identified—pt 4 s 47 sub A2018-28 s 6 Offences—identifiable stock not properly identified s 48 sub A2018-28 s 6 Exempt movements of identifiable stock s 49 sub A2018-28 s 6 Offence—required information if identifiable stock moved in extreme emergency s 50 am A2011-22 amdt 1.32 sub A2018-28 s 6 Identifiable stock sdiv 4.3.2 hdg ins A2018-28 s 6 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp Endnotes Amendment history 4 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 121 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Meaning of supply—sdiv 4.3.2 s 51 sub A2018-28 s 6 Offences—acquisition of permanent identifiers s 52 am A2011-22 amdt 1.32, A2013-42 amdt 1.14 sub A2018-28 s 6 Directions for use of permanent identifiers in saleyard or abattoir s 52A ins A2018-28 s 6 Request for details on use and location of permanent identifier s 52B ins A2018-28 s 6 Records and provision of information to NLIS administrator s 52C ins A2018-28 s 6 Alteration or removal of permanent identifier s 52D ins A2018-28 s 6 Improper use of permanent identifiers s 52E ins A2018-28 s 6 Destruction of permanent identifiers removed from slaughtered stock s 52F ins A2018-28 s 6 Manufacture, sale, supply and use of counterfeit identifiers s 52G ins A2018-28 s 6 Loss or theft of unattached permanent identifier for cattle s 52H ins A2018-28 s 6 Information requirements—stock transactions div 4.4 hdg ins A2018-28 s 6 Provisions applying to all identifiable stock sdiv 4.4.1 hdg ins A2018-28 s 6 Meaning of delivery information—sdiv 4.4.1 s 52I ins A2018-28 s 6 Owner of identifiable stock must prepare and retain delivery information etc s 52J ins A2018-28 s 6 Delivery information—stock and station agents and saleyards s 52K ins A2018-28 s 6 Delivery information—farm properties s 52L ins A2018-28 s 6 Delivery information—stock events s 52M ins A2018-28 s 6 Reporting to the NLIS administrator sdiv 4.4.2 hdg ins A2018-28 s 6 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp Endnotes 4 Amendment history page 122 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Application—sdiv 4.4.2 s 52N ins A2018-28 s 6 Meaning of transaction information—sdiv 4.4.2 s 52O ins A2018-28 s 6 Reportable transactions—saleyards s 52P ins A2018-28 s 6 Reportable transactions—stock and station agents s 52Q ins A2018-28 s 6 Reportable transactions—farm property s 52R ins A2018-28 s 6 Reportable transactions—stock event s 52S ins A2018-28 s 6 Reporting to NLIS administrator about live export s 52T ins A2018-28 s 6 Reporting to NLIS administrator about death of cattle s 52U ins A2018-28 s 6 Registers div 4.5 hdg ins A2018-28 s 6 Purposes of registers s 52V ins A2018-28 s 6 Territory register s 52W ins A2018-28 s 6 NLIS register s 52X ins A2018-28 s 6 Miscellaneous div 4.6 hdg ins A2018-28 s 6 Provision of information to NLIS administrator etc s 52Y ins A2018-28 s 6 Inspection of slaughtered stock s 52Z ins A2018-28 s 6 Evidentiary certificates s 52ZA ins A2018-28 s 6 Restricted animal material—ruminants pt 5 hdg am A2013-42 amdt 1.15 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2013-42 Endnotes Amendment history 4 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 123 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Definitions—pt 5 s 53 def non-restricted animal material statement ins A2013-42 amdt 1.1 def non-restricted feed material statement om A2013-42 amdt 1.2 def restricted animal material ins A2013-42 amdt 1.3 def restricted animal material statement ins A2013-42 amdt 1.4 def restricted feed material om A2013-42 amdt 1.5 def restricted feed material statement om A2013-42 amdt 1.6 Analysts for pt 5 s 54 am A2008-26 amdt 2.1; A2009-14 s 26 Animal material statements s 55 sub A2013-42 amdt 1.7 Offence—manufacture of ruminant food s 56 am A2013-42 amdt 1.15 Offences—sale or supply of bulk or bagged compounded feed and meal s 57 am A2013-42 amdt 1.15 Offence—obscuring of statements s 58 am A2013-42 amdt 1.15 Offence—removal etc of feed tags s 59 am A2013-42 amdt 1.15 Offences—feeding restricted animal material to ruminants s 60 hdg am A2013-42 amdt 1.15 s 60 am A2009-14 s 26, A2013-42 amdt 1.15 Procedure if samples taken for pt 5 s 61 am A2009-14 s 26, A2013-42 amdt 1.15 Beekeepers pt 5A hdg ins A2015-53 s 4 Definitions—pt 5A s 62A ins A2015-53 s 4 def beekeeper ins A2015-53 s 4 sub A2020-22 s 4 def corresponding law ins A2015-53 s 4 def hive records ins A2015-53 s 4 Beekeepers to be registered s 62B ins A2015-53 s 4 am A2020-22 s 5 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2008-26 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2020-22/ http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2020-22/ Endnotes 4 Amendment history page 124 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Application for registration s 62C ins A2015-53 s 4 am A2021-12 amdt 3.1 Grounds for deciding an application s 62D ins A2015-53 s 4 Beekeeper must update details s 62E ins A2015-53 s 4 Beekeeper must keep records s 62F ins A2015-53 s 4 Beekeeper must display registration number s 62G ins A2015-53 s 4 Beekeeping code of practice s 62H ins A2015-53 s 4 Suspension of registration s 62I ins A2015-53 s 4 am A2020-22 s 5 Cancellation of registration s 62J ins A2015-53 s 4 am A2018-42 amdt 3.6 Register of beekeepers s 62K ins A2015-53 s 4 Appointment of authorised people s 64 am A2007-45 s 5; A2009-14 s 18, s 26; A2011-22 amdt 1.32 Identity cards s 65 am A2007-45 s 6; A2011-22 amdt 1.32 Power to enter premises s 66 am A2009-14 s 19 General powers on entry to premises s 69 am A2009-14 s 26; A2018-28 s 7 Power to require name and address s 70 am A2009-49 amdt 3.2 Additional powers for travelling stock s 72 am A2018-42 amdt 3.7 Additional powers for honeybees s 73 am A2015-53 s 5 Warrants—application made other than in person s 75 am A2018-33 amdt 1.1, amdt 1.2 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2021-12/ http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2020-22/ http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2007-45 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2007-45 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2018-33/default.asp Endnotes Amendment history 4 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 125 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Return of things seized s 82 am A2011-22 amdt 1.32 Notification and review of decisions pt 7 hdg sub A2008-37 amdt 1.19 Meaning of reviewable decision—pt 7 s 85 am A2007-39 amdt 3.5 sub A2008-37 amdt 1.19 Reviewable decision notices s 86 sub A2008-37 amdt 1.19 Applications for review s 86A ins A2008-37 amdt 1.19 Noncompliance with directions and cost recovery s 87 am A2009-14 s 26 Information exchange between jurisdictions s 87A ins A2009-14 s 20 am A2011-22 amdt 1.32, A2013-42 amdt 1.14 Determination of fees s 88 am A2018-42 amdt 3.12 Approved forms s 89 am A2018-42 amdt 3.12 om A2021-12 amdt 3.2 Regulation-making power s 90 am A2005-62 amdt 1.1, amdt 1.2; A2009-14 s 21, s 22; A2018-28 s 8 Transitional pt 9 hdg exp 13 October 2007 (s 94) Definitions for pt 9 s 91 exp 13 October 2007 (s 94) Stock tag numbers s 92 exp 13 October 2007 (s 94) Transitional regulations s 93 exp 13 October 2007 (s 94) Expiry of pt 9 s 94 exp 13 October 2007 (s 94) Legislation repealed s 95 om LA s 89 (3) http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-39 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2021-12/ http://www.legislation.act.gov.au/a/2005-62 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-28/default.asp Endnotes 4 Amendment history page 126 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary dict am A2007-45 s 7; A2008-37 amdt 1.20; A2009-14 s 23; A2009-20 amdt 3.5; A2009-49 amdt 3.3; A2011-22 amdt 1.33; A2015-33 amdt 1.14; A2018-42 amdt 3.8; A2018-32 amdt 3.1 def abattoir om A2018-28 s 9 def agency ins A2009-14 s 24 am A2018-28 s 10 def agent identification code ins A2018-28 s 11 def analyst am A2013-42 amdt 1.15 def approved tag om A2018-28 s 12 def bag am A2013-42 amdt 1.15 def beekeeper ins A2015-53 s 6 def breeder device ins A2018-28 s 13 def bulk am A2013-42 amdt 1.15 def camelids ins A2018-28 s 13 def cattle ins A2018-28 s 13 def chief veterinary officer ins A2009-14 s 24 def compensable disease om A2018-42 amdt 3.9 def compounded feed am A2013-42 amdt 1.15 def corresponding law ins A2015-53 s 6 def delivery information ins A2018-28 s 13 def director om A2009-14 s 25 def equine ins A2018-28 s 13 def farm property ins A2018-28 s 13 def feed tag am A2013-42 amdt 1.15 def hive records ins A2015-53 s 6 def holding om A2018-28 s 14 def identifiable stock ins A2018-28 s 15 def identifier ins A2018-28 s 15 def large poultry ins A2018-28 s 15 def meal am A2013-42 amdt 1.15 def NLIS ins A2018-28 s 15 def NLIS administrator ins A2018-28 s 15 def NLIS device ins A2018-28 s 15 def NLIS movement document ins A2018-28 s 15 def non-restricted animal material statement ins A2013-42 amdt 1.8 def non-restricted feed material statement om A2013-42 amdt 1.9 def permanent identifier ins A2018-28 s 15 def permanent identifier for pigs ins A2018-28 s 15 def post breeder device ins A2018-28 s 15 def previous property ins A2018-28 s 15 def properly identified ins A2018-28 s 15 def property ins A2018-28 s 15 def property identification code ins A2018-28 s 15 http://www.legislation.act.gov.au/a/2007-45 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp Endnotes Amendment history 4 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 127 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def register om A2018-28 s 16 def related NLIS law ins A2018-28 s 17 def relevant identification particulars ins A2018-28 s 17 def required media am A2009-20 amdt 3.6; A2015-33 amdt 1.15 om A2018-42 amdt 3.10 def responsible person ins A2018-28 s 17 def restricted animal material ins A2013-42 amdt 1.10 def restricted animal material statement ins A2013-42 amdt 1.11 def restricted feed material om A2013-42 amdt 1.12 def restricted feed material statement om A2013-42 amdt 1.13 def reviewable decision ins A2008-37 amdt 1.21 def saleyard ins A2018-28 s 17 def small poultry ins A2018-28 s 17 def stock om A2018-28 s 18 def stock and station agent ins A2018-28 s 19 def stock event ins A2018-28 s 19 def supply ins A2018-28 s 19 def tag sub A2005-62 amdt 1.3 om A2018-28 s 20 def tagable stock om A2018-28 s 20 def tag number om A2018-28 s 20 def transaction information ins A2018-28 s 21 def travelling stock om A2018-42 amdt 3.11 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2013-42 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2005-62 http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2018-42/default.asp Endnotes 5 Earlier republications page 128 Animal Diseases Act 2005 Effective: 23/06/21 R23 23/06/21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 13 Oct 2005 13 Oct 2005- 10 Jan 2006 not amended new Act R2 11 Jan 2006 11 Jan 2006– 28 Sept 2006 A2005-62 amendments by A2005-62 R3 29 Sept 2006 29 Sept 2006– 13 Oct 2007 A2006-40 amendments by A2006-40 R4 14 Oct 2007 14 Oct 2007– 13 Dec 2007 A2006-40 commenced expiry R5 14 Dec 2007 14 Dec 2007– 26 Dec 2007 A2007-45 amendments by A2007-45 R6 27 Dec 2007 27 Dec 2007– 25 Aug 2008 A2007-45 amendments by A2007-39 R7 26 Aug 2008 26 Aug 2008– 1 Feb 2009 A2008-28 amendments by A2008-28 R8 2 Feb 2009 2 Feb 2009– 13 Feb 2009 A2008-37 amendments by A2008-37 R9 14 Feb 2009 14 Feb 2009– 5 July 2009 A2008-37 amendments by A2008-26 R10 6 July 2009 6 July 2009– 21 Sept 2009 A2009-14 amendments by A2009-14 R11* 22 Sept 2009 22 Sept 2009– 16 Dec 2009 A2009-20 amendments by A2009-20 R12 17 Dec 2009 17 Dec 2009– 30 June 2011 A2009-49 amendments by A2009-49 http://www.legislation.act.gov.au/a/2005-62 http://www.legislation.act.gov.au/a/2005-62 http://www.legislation.act.gov.au/a/2006-40 http://www.legislation.act.gov.au/a/2006-40 http://www.legislation.act.gov.au/a/2006-40 http://www.legislation.act.gov.au/a/2007-45 http://www.legislation.act.gov.au/a/2007-45 http://www.legislation.act.gov.au/a/2007-45 http://www.legislation.act.gov.au/a/2007-39 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-26 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-14 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2009-49 http://www.legislation.act.gov.au/a/2009-49 Endnotes Earlier republications 5 R23 23/06/21 Animal Diseases Act 2005 Effective: 23/06/21 page 129 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R13 1 July 2011 1 July 2011– 6 Nov 2013 A2011-22 amendments by A2011-22 R14 7 Nov 2013 7 Nov 2013– 20 Aug 2014 A2013-42 amendments by A2013-42 R15 21 Aug 2014 21 Aug 2014– 13 Oct 2015 A2014-32 amendments by A2014-32 R16 14 Oct 2015 14 Oct 2015– 23 May 2016 A2015-33 amendments by A2015-33 R17 24 May 2016 24 May 2016– 22 Oct 2018 A2015-53 amendments by A2015-53 R18 23 Oct 2018 23 Oct 2018– 21 Nov 2018 A2018-33 amendments by A2018-33 R19 22 Nov 2018 22 Nov 2018– 20 Dec 2018 A2018-42 amendments by A2018-42 R20 21 Dec 2018 21 Dec 2018– 16 Jan 2019 A2018-42 amendments by A2018-32 R21 17 Jan 2019 17 Jan 2019– 10 June 2020 A2018-42 amendments by A2018-28 R22 11 June 2020 11 June 2020– 22 June 2021 A2020-22 amendments by A2020-22 © Australian Capital Territory 2021 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2013-42/default.asp http://www.legislation.act.gov.au/a/2013-42/default.asp http://www.legislation.act.gov.au/a/2014-32/default.asp http://www.legislation.act.gov.au/a/2014-32/default.asp http://www.legislation.act.gov.au/a/2015-33/default.asp http://www.legislation.act.gov.au/a/2015-33/default.asp http://www.legislation.act.gov.au/a/2015-53 http://www.legislation.act.gov.au/a/2015-53 file:///C:/Users/KarenL%20Moxon/AppData/Local/Temp/J2018-381-Animal%20Diseases%20Act%202005.DOCX file:///C:/PCOSystem/TRIMDATA/Offline%20Records%20(JP)/Working(209)/J2018-381-Animal%20Diseases%20Act%202005.DOCX http://www.legislation.act.gov.au/a/2018-42/ http://www.legislation.act.gov.au/a/2018-42/ http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2018-42/default.asp http://www.legislation.act.gov.au/a/2018-28/default.asp http://www.legislation.act.gov.au/a/2020-22/ http://www.legislation.act.gov.au/a/2020-22/ Animal Diseases Act 2005 Part 1 Preliminary 1 Name of Act 3 Objects of Act 4 Dictionary 5 Notes 6 Offences against Act—application of Criminal Code etc Part 2 Chief veterinary officer 7 Appointment of chief veterinary officer 8 Delegation by chief veterinary officer Part 3 Exotic and endemic diseases of animals Division 3.1 General 9 Meaning of infected 10 Declarations under pt 3 11 Certificate of freedom from disease Division 3.2 Exotic diseases 12 Declaration of exotic disease 13 Notification of exotic disease 14 Directions to control spread of exotic disease 15 Import restrictions Division 3.3 Endemic diseases 16 Declaration of endemic disease 17 Notification of endemic disease 18 Directions to control spread of endemic disease Division 3.4 Quarantine areas 19 Exotic disease quarantine area 20 Endemic disease quarantine area 21 Content of quarantine declarations 22 Offence—contravening restriction in quarantine declaration 23 Quarantine notices 24 Offence—movement of animals 24A Authorisation for activity movements in quarantine area 24B Person conducting activity to comply with conditions 24C Person conducting activity to keep records 25 Removal of refuse from quarantine area 26 Court proceedings about exotic disease declaration Division 3.5 Destruction of animals and other things 27 Destruction of infected animals etc—endemic disease 28 Compensation for animal etc destroyed—endemic disease 29 Destruction of infected animals etc—exotic disease 30 Compensation for animal etc destroyed—exotic disease 31 Compensation for death of animal from exotic disease Division 3.6 Offences generally 32 Spreading disease 33 Use of vaccines etc 34 Feeding of prohibited pig feed to controlled stock 34A Foot-and-mouth disease outbreak 35 Selling, disposing of or abandoning infected animals 36 Interference with structures securing infected animals Part 4 National livestock identification system Division 4.1 General 37 Definitions—pt 4 Division 4.2 Identification codes 38 Allocating identification codes 39 Applying for property identification code 40 Responsible person for property with property identification code must update details 41 Applying for agent identification code 42 Stock and station agent must update details of agent identification code 43 Transfer of identification codes 44 Inactivation or cancellation of identification codes 45 Property identification code required if certain animals kept 46 Property identification code required if certain activities happen Division 4.3 Permanent identification of identifiable stock Subdivision 4.3.1 Identifiable stock 47 When identifiable stock is properly identified—pt 4 48 Offences—identifiable stock not properly identified 49 Exempt movements of identifiable stock 50 Offence—required information if identifiable stock moved in extreme emergency Subdivision 4.3.2 Permanent identifiers 51 Meaning of supply—sdiv 4.3.2 52 Offences—acquisition of permanent identifiers 52A Directions for use of permanent identifiers in saleyard or abattoir 52B Request for details on use and location of permanent identifier 52C Records and provision of information to NLIS administrator 52D Alteration or removal of permanent identifier 52E Improper use of permanent identifiers 52F Destruction of permanent identifiers removed from slaughtered stock 52G Manufacture, sale, supply and use of counterfeit identifiers 52H Loss or theft of unattached permanent identifier for cattle Division 4.4 Information requirements—stock transactions Subdivision 4.4.1 Provisions applying to all identifiable stock 52I Meaning of delivery information—sdiv 4.4.1 52J Owner of identifiable stock must prepare and retain delivery information etc 52K Delivery information—stock and station agents and saleyards 52L Delivery information—farm properties 52M Delivery information—stock events Subdivision 4.4.2 Reporting to the NLIS administrator 52N Application—sdiv 4.4.2 52O Meaning of transaction information—sdiv 4.4.2 52P Reportable transactions—saleyards 52Q Reportable transactions—stock and station agents 52R Reportable transactions—farm property 52S Reportable transactions—stock event 52T Reporting to NLIS administrator about live export 52U Reporting to NLIS administrator about death of cattle Division 4.5 Registers 52V Purposes of registers 52W Territory register 52X NLIS register Division 4.6 Miscellaneous 52Y Provision of information to NLIS administrator etc 52Z Inspection of slaughtered stock 52ZA Evidentiary certificates Part 5 Restricted animal material—ruminants 53 Definitions—pt 5 54 Analysts for pt 5 55 Animal material statements 56 Offence—manufacture of ruminant food 57 Offences—sale or supply of bulk or bagged compounded feed and meal 58 Offence—obscuring of statements 59 Offence—removal etc of feed tags 60 Offences—feeding restricted animal material to ruminants 61 Procedure if samples taken for pt 5 62 Evidence of analysis for pt 5 Part 5A Beekeepers 62A Definitions—pt 5A 62B Beekeepers to be registered 62C Application for registration 62D Grounds for deciding an application 62E Beekeeper must update details 62F Beekeeper must keep records 62G Beekeeper must display registration number 62H Beekeeping code of practice 62I Suspension of registration 62J Cancellation of registration 62K Register of beekeepers Part 6 Enforcement Division 6.1 General 63 Definitions—pt 6 Division 6.2 Authorised people 64 Appointment of authorised people 65 Identity cards Division 6.3 Powers of authorised people 66 Power to enter premises 67 Production of identity card 68 Consent to entry 69 General powers on entry to premises 70 Power to require name and address 71 Power to seize things 72 Additional powers for travelling stock 73 Additional powers for honeybees Division 6.4 Search warrants 74 Warrants generally 75 Warrants—application made other than in person 76 Search warrants—announcement before entry 77 Details of search warrant to be given to occupier etc 78 Occupier entitled to be present during search etc Division 6.5 Return and forfeiture of things seized 79 Receipt for things seized 80 Access to things seized 81 Moving things to another place for examination or processing under search warrant 82 Return of things seized Division 6.6 Miscellaneous 83 Damage etc to be minimised 84 Compensation for exercise of enforcement powers Part 7 Notification and review of decisions 85 Meaning of reviewable decision—pt 7 86 Reviewable decision notices 86A Applications for review Part 8 Miscellaneous 87 Noncompliance with directions and cost recovery 87A Information exchange between jurisdictions 88 Determination of fees 90 Regulation-making power Dictionary Endnotes 1 About the endnotes 2 Abbreviation key 3 Legislation history 4 Amendment history 5 Earlier republications