Livestock Act 2008

17 Prescribed imported livestock and health certificate

(1) The regulations may prescribe the livestock that require a health certificate before being brought into the Territory from a State or another Territory.

(b) must be completed and signed by a veterinary officer, or inspector of livestock (however described), employed by the State or Territory where the travel of the livestock begins.

(3) The health certificate may be included in a waybill issued for the prescribed imported livestock.

(4) The owner of prescribed imported livestock commits an offence if the owner does not, before the livestock enter the Territory, ensure there is a health certificate for the livestock.

Fault element: Strict liability offence.

Maximum penalty: 100 penalty units.

18 Notice of restrictions

(1) The Chief Inspector may, by Gazette notice, impose restrictions in relation to the prescribed imported livestock specified in the notice.

(2) The notice may require the owner of the livestock to do any of the following:

(b) before the livestock enter the Territory – test or treat them as specified in the notice;

(c) before the livestock enter the Territory – identify them or their disease status (or both) as specified in the notice.

(3) The owner of prescribed imported livestock must not contravene a notice under subsection (1).

Fault element: Intention.

Maximum penalty: 200 penalty units.

19 No purchase without health certificate

A person must not purchase prescribed imported livestock during their travel in the Territory, or at the place of their destination in the Territory, if there is no health certificate for the livestock.

Fault element: Knowledge that there is no health certificate for the livestock.

Maximum penalty: 200 penalty units.

20 Prescribed travelling livestock and waybill

(1) The regulations may prescribe the livestock for which a waybill must be issued before the livestock begin travelling.

(2) The owner of prescribed travelling livestock commits an offence if the owner does not issue a completed waybill for the livestock before they begin travelling.

Fault element: Strict liability offence.

Maximum penalty: 100 penalty units.

(a) the livestock are being returned to the property on which they are usually kept after straying beyond the boundaries of the property; or

(b) the owner of the livestock has authorisation from the Registrar to move the livestock without a waybill.

(4) The Registrar may authorise the owner of prescribed travelling livestock to move the livestock without a waybill if the Registrar considers it is reasonable in the circumstances to do so.

21 No purchase without waybill

A person must not purchase prescribed travelling livestock during their travel in the Territory, or at the place of their destination in the Territory, if there is no completed waybill for the livestock.

Fault element: Knowledge that there is no waybill for the livestock.

Maximum penalty: 200 penalty units.

22 Closure of stock route

(1) The Chief Inspector may close all or part of a stock route if the Chief Inspector considers it should not be used by travelling livestock.

(2) The closure may be because of (but is not limited to) any of the following:

(3) Notice of the closure must be published in the Gazette and a newspaper circulating in the Territory, and the closure takes effect on the later date of publication.

(4) A person must not drive travelling livestock on the hoof on a part of a stock route that is closed under subsection (1).

Fault elements:

The person:

(a) intentionally drives the livestock on the hoof on that part of the stock route; and

Maximum penalty: 200 penalty units.

23 Prescribed rate of travel

(1) The regulations may prescribe a rate of travel for specified travelling livestock being driven on the hoof on a stock route (specified travelling livestock).

(2) A person in charge of specified travelling livestock commits an offence if the person does not move the livestock towards their destination at the rate of travel prescribed for the livestock.

Fault element: The person knows or ought to know the livestock are not moving at the prescribed rate of travel.

Maximum penalty: 100 penalty units.

(3) Subsection (2) does not apply if the person has authorisation from the Registrar, in accordance with the regulations, to move the livestock at a slower rate of travel than is prescribed.

24 Travelling livestock not to be left unattended

A person in charge of travelling livestock must not leave any of the livestock unattended on a stock route.

Fault elements:

The person:

(b) is reckless in relation to the circumstance that the livestock are unattended.

Maximum penalty: 100 penalty units.

25 Owner of property may examine travelling livestock

(1) This section applies if the owner of a property through which, or along the boundary of which, travelling livestock are being driven on the hoof reasonably believes it is necessary or desirable to examine the livestock to prevent the spread of a disease.

(a) tell the person in charge of the travelling livestock of the owner's belief and the grounds for it; and

(i) allow the owner to inspect a waybill, health certificate, permit or authorisation relating to the livestock;

(iii) assist the owner by mustering and controlling the livestock for examination.

(3) The person in charge of the travelling livestock must comply with the property owner's request under subsection (2)(b).

Fault element: Intention.

Maximum penalty: 100 penalty units.

26 Notification of escape of travelling livestock

A person in charge of travelling livestock commits an offence if:

(a) any of the livestock escape from the person's control on or onto a property; and

(b) the person does not, as soon as reasonably practicable, notify the owner of the property and an inspector of the escape.

Fault element: Knowledge of the escape of the livestock.

Maximum penalty: 100 penalty units.

27 Owner may retrieve stray livestock from property

(1) The owner of livestock (the livestock owner) that are on a property owned by someone else (the property owner) may retrieve the livestock in accordance with this section.

(2) The livestock owner must make reasonable attempts to reach an agreement with the property owner to retrieve the livestock.

(3) If, after making reasonable attempts under subsection (2), the livestock owner and property owner have not reached an agreement, the livestock owner may give the property owner written notice that the livestock owner intends to:

(ii) at a time specified in the notice (which must be no earlier than 14 days after the day on which notice is given); and

Note for subsection (3)

The livestock owner is required to comply with a biosecurity management plan that applies to the property under Part 2A.

(4) If the property is on Aboriginal land, as defined in section 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), a copy of the notice must also be given to the Land Council established under that Act for the area of the Territory in which the property is located.

(5) The property owner may inspect the livestock before the livestock leaves the property.

(6) A livestock owner must not enter or remain on a property to retrieve livestock except in accordance with:

(7) A person commits an offence if the person contravenes subsection (6).

Maximum penalty: 50 penalty units.

(8) An offence against subsection (7) is an offence of strict liability.

(9) It is a defence to a prosecution for an offence against subsection (7) if the defendant has a reasonable excuse.

28 Powers

(a) order a person who is accompanying travelling livestock to state the name of the person who is in charge of the livestock;

(b) order the person in charge of travelling livestock to do any of the following:

(i) provide the name and address of the owner of the livestock or the agent of the owner, or both;

(iv) give other information concerning the livestock that the inspector requires;

(vi) drive or transport the livestock to a place specified by the inspector and hold them at that place for the period the inspector specifies;

(vii) move the livestock to a place where the livestock may lawfully continue travelling if the inspector reasonably believes they are at a place in contravention of this Act;

(viii) clean up and destroy any litter or refuse left by the person or any other person accompanying the livestock;

(ix) repair to the satisfaction of the inspector any damage to installations or equipment on a stock route caused by the livestock, the person in charge or any other person accompanying the livestock;

(2) A person given an order under subsection (1) must not contravene the order.

Fault element: Strict liability offence.

Maximum penalty: 100 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse.

29 Infected livestock and other things

Livestock, premises, animal products or other things are infected if they:

(b) have been in contact with anything that, at the time of contact, was suffering from or affected by a notifiable disease; or

(c) react to a test, approved by the Chief Inspector by Gazette notice, for a notifiable disease.

30 Declaration and classification of notifiable diseases

(1) The Chief Executive Officer may, by Gazette notice, declare a disease or animal pathogen to be a notifiable disease and classify it as an emergency disease, endemic disease or exotic disease.

(2) A notifiable disease is a disease or animal pathogen that poses a threat to the livestock industry.

(3) An emergency disease is a disease specified as such under an agreement between the State and Territory Governments.

(4) An endemic disease is a notifiable disease endemic to Australia.

(5) An exotic disease is a notifiable disease originating outside Australia.

31 Publication of list of notifiable diseases

(1) The Chief Inspector must publish on the Agency's website a list of all notifiable diseases and their classifications as emergency diseases, endemic diseases or exotic diseases.

(2) The Chief Inspector must make hard copies of the list of notifiable diseases available to the public free of charge.

32 Approval of laboratories and tests

(1) The owner of a diagnostic laboratory may apply in writing to the Chief Inspector to approve the laboratory for the testing of samples or specimens taken from livestock or animal products to determine whether they are infected.

(2) The Chief Inspector may approve the laboratory by Gazette notice.

(3) The Chief Inspector may, by Gazette notice, approve tests for the detection of an emergency disease that may be used in a laboratory approved under subsection (1).

diagnostic laboratory means premises used for any of the following purposes:

(b) the pathological examination of sick or infected livestock, or livestock suspected of being infected, or animal products;

(e) the testing or use of animal pathogens or biological preparations;

(f) the testing of specimens from livestock or animal products, or the storage or processing of such specimens.

33 Inspectors may investigate and destroy

(iii) a source that is likely to cause or to have caused livestock or other things to be infected;

(c) inspect or examine a thing or place for the presence of a disease or animal pathogen.

(2) An inspector may take a sample of a carcass, tissue of livestock or any other thing to be tested for the presence of a disease, biological preparation, chemical or veterinary drug.

(3) In exercising a power under this section, an inspector may destroy an animal or animal product only if:

(a) it is necessary to do so to enable a proper diagnosis or investigation to be made; and

(b) the Chief Inspector or owner of the animal or animal product consents to its destruction.

34 Inspectors may mark or treat livestock and other things

(1) An inspector who reasonably suspects livestock are infected, may do any of the following:

(a) mark the livestock in a way approved by the Chief Inspector or order the owner of the livestock to do so;

(2) An inspector who reasonably suspects any other animal or an animal product is infected, may treat the animal or animal product or order the owner of the animal or animal product to do so.

(3) An inspector may vaccinate livestock or any other animals against a disease or order the owner of the livestock or animals to do so.

35 Inspector may order destruction of carcasses

If an inspector considers it necessary to prevent the spread of a disease, the inspector may order the owner of livestock that have died or been destroyed to destroy the carcasses of the livestock in a specified manner.

36 Chief Inspector may order erection or maintenance of facilities

The Chief Inspector may order the owner of livestock to erect or maintain any of the following in accordance with the specifications of the Chief Inspector:

37 Chief Inspector may order general protection measures

The Chief Inspector may order the owner of livestock to protect, in a specified manner, livestock or any other thing from the risk of infection.

38 Chief inspector may order detention

The Chief Inspector may order the owner of livestock to detain and hold any of the following:

(a) infected livestock or livestock the Chief Inspector reasonably suspects are infected or may have come into contact with a biological preparation or animal pathogen;

(b) an animal product from infected livestock or from livestock the Chief Inspector reasonably suspects are infected or may have come into contact with a biological preparation or animal pathogen;

(c) things used in connection with anything mentioned in paragraph (a) or (b);

(d) fodder that may have come into contact with anything mentioned in paragraphs (a) to (c);

(e) animals other than livestock that may have come into contact with anything mentioned in paragraphs (a) to (d).

39 Chief Inspector may seize and order destruction or removal

(a) anything mentioned in section 38(a) to (e), regardless of whether it is being held by the owner of livestock;

(2) The Chief Inspector may order the owner of livestock to destroy an animal pathogen or biological preparation or remove it from a property and take it to a place specified in the order.

40 Order for destruction or disposal to minimise risk of disease

In addition to specific powers of destruction or disposal under this Act, the Chief Inspector may order the destruction or disposal of anything (including livestock) seized under this Act if:

(a) the Chief Inspector reasonably believes the action will assist in minimising the risk of a disease spreading; and

41 Offence to contravene order

A person given an order under this Division must not contravene the order.

Fault element: Intention.

Maximum penalty: 500 penalty units.

42 Quarantine order: suspected presence of disease in thing (including livestock)

(1) The Chief Inspector may make any of the following orders if the inspector reasonably suspects the presence of a disease in any thing (including livestock):

(a) the owner of the thing must keep the thing contained within a specified area;

(b) the owner of the thing must move the thing to a specified place and keep it there in accordance with the conditions specified in the order.

(2) An order under subsection (1) may make provision for the thing to be released from the area or place in which it is kept in accordance with:

(3) An order under subsection (1) may include a requirement that the owner of the thing must establish, repair or maintain a fence to ensure compliance with the order.

43 Quarantine order: suspected presence of disease on property

(1) The Chief Inspector may make any of the following orders if the Chief Inspector reasonably suspects the presence of a disease on a property:

(a) the owner of the property must not allow any thing (including livestock) specified in the order to enter or leave the property;

(b) the owner of the property must not allow any thing (including livestock) specified in the order to enter or leave the property except in accordance with:

(2) An order under subsection (1) may include a requirement that the owner of the property must establish, repair or maintain a fence to ensure compliance with the order.

43A Quarantine order: suspected presence of disease on area of land

If the Chief Inspector reasonably suspects the presence of a disease on an area of land, the Chief Inspector may make any of the following orders:

(a) a person or vehicle must not enter, leave or move within the area except in accordance with:

(b) the owner of livestock, an animal or other specified thing must ensure the livestock, animal or thing does not enter, leave or move within the area except in accordance with the conditions specified in the order.

44 Period of quarantine order

(1) A quarantine order remains in force for the period specified in the order, which must not be more than 40 days.

(2) An inspector may revoke a quarantine order before the end of the specified period if the inspector is satisfied it is appropriate to do so.

45 Offence to contravene quarantine order

A person given a quarantine order must not contravene the order.

Fault element: Intention.

Maximum penalty: 500 penalty units or imprisonment for 2 years.

46 Determination of classifications for properties

(1) The Chief Inspector may, by Gazette notice, determine the classifications that may be given to properties in relation to a notifiable disease specified in the notice (a determination of classifications).

(2) A determination of classifications must specify the criteria or circumstances that must apply in relation to a property before it may be given a classification.

47 Classification of property

(1) If the Chief Inspector reasonably believes that any of the criteria or circumstances specified in a determination of classifications apply in relation to a property, the Chief Inspector may give the property a classification by reference to the determination.

(1A) The Chief Inspector must revoke a classification under subsection (1) if the criteria or circumstances on which the classification is based no longer apply to the property.

(2) The Chief Inspector must give the owner of a classified property written notice of the classification or revocation of classification.

48 Restrictions and requirements for classified property

(1) For the control of a notifiable disease specified in a determination of classifications, the Chief Inspector may give the owner of a property classified by reference to the determination a notice specifying the restrictions or requirements applicable to:

(b) the persons, vehicles, livestock, animals, animal products or other things specified in the notice.

(a) restrictions relating to entry into, exit from, or movement within the classified property;

(b) requirements relating to the treatment of the specified livestock.

(3) The owner of the classified property must not contravene the notice.

Fault element: Intention.

Maximum penalty: 500 penalty units.

49 Object of Division

The object of this Division is to permit a variety of actions to be taken to control a disease, particularly for the testing, treatment or destruction of infected livestock and other things, if:

(b) there is a serious threat of the occurrence of the disease in the Territory.

50 Establishment of control program

(1) The Minister may, by Gazette notice, establish a disease control program for the control of a disease specified in the notice.

(a) if the specified disease is a notifiable disease – its classification as an emergency disease, endemic disease or exotic disease;

(b) the livestock, including travelling livestock, to which the control program applies (controlled livestock);

(c) the area to which the control program applies (the program area).

(3) For subsection (2)(c), the program area for a control program may be one or more areas of the Territory or the whole of the Territory.

51 Requirement for particular test

(1) The Minister may require a particular test to be used to determine whether controlled livestock are infected with a disease to which the control program relates.

(2) The requirement may be included in the notice establishing the control program or published in a Gazette notice at any time during the control program.

52 Approvals

For a control program, the Chief Inspector may approve any of the following:

(a) methods for locating and assembling livestock in the program area;

(b) treatments to be used on controlled livestock or things, places and structures in the program area;

(c) methods of disposal or destruction of livestock or other things in the program area.

53 Orders

(1) For a control program, the Chief Inspector may make any of the following orders:

(a) the owner of controlled livestock must take any of the following actions:

(i) locate and assemble the controlled livestock for testing, inspection, treatment or valuation;

(ii) mark, brand or affix tags to the controlled livestock for their identification;

(iii) erect or maintain facilities to be used for testing the controlled livestock;

(iv) test the controlled livestock using a test specified in a notice under section 51;

(vi) erect, repair or maintain fences or structures to ensure the controlled livestock are contained;

(x) any other action specified in the order that is reasonably required to implement the control program;

(b) the owner of livestock in the program area that are not controlled livestock must treat or destroy livestock specified in the order to protect the health and welfare of other livestock;

(c) the owner of a property on which controlled livestock are kept, or have been kept, must treat the land and any structure or equipment on the property;

(d) the owner of a property in the program area must erect, repair or maintain fences;

(e) the owner of a structure or place with which controlled livestock have been in contact must treat the structure or place and any equipment in or on the structure or at the place;

(f) the owner of fodder, equipment or an animal product in the program area must treat or destroy it;

(g) the owner of any other thing in the program area that may be affected by the notifiable disease must treat or destroy it.

Example for subsection (1)(b)

An order may be that certain livestock be destroyed because of overcrowding resulting from actions taken under the control program.

(2) Instead of ordering a person to take an action under subsection (1), the Chief Inspector may take the action.

(3) The Chief Inspector may, by Gazette notice and a notice published in a newspaper circulating in the program area, give an order mentioned in subsection (1) to a class of owners.

(4) A person given an order under this section must not contravene the order.

Fault element: Intention.

Maximum penalty: 500 penalty units.

53A Actions in relation to unowned livestock

For a control program, the Chief Inspector may take any of the following actions in the program area:

(a) locate and assemble unowned controlled livestock for testing, inspection, treatment or valuation;

(c) test unowned controlled livestock using a test specified in a notice under section 51;

(e) erect, repair or maintain fences or structures to ensure unowned controlled livestock are contained;

(i) destroy unowned livestock that are not controlled livestock to protect the health and welfare of other livestock.

Example for paragraph (i)

An order may be that certain livestock be destroyed because of overcrowding resulting from actions taken under the control program.

54 Emergency disease: treatment or destruction of certain structures

(1) The Chief Executive Officer may make an order under this section if the following circumstances apply:

(i) a structure in the program area used as residential premises (a residence) or mentioned in section 53(1)(c) or (e) (a structure) is infected with the emergency disease; and

(ii) making the order is necessary to prevent the spread of the emergency disease.

(2) The Chief Executive Officer may make any of the following orders:

(a) the owner or another person must treat the residence in a specified manner;

(b) if the residence has been treated and the Chief Executive Officer is satisfied the treatment is inadequate to prevent the spread of the emergency disease – the owner or another person must destroy the residence;

(c) if the residence has not been treated and the Chief Executive Officer is satisfied that treatment would be inadequate to prevent the spread of the emergency disease – the owner or another person must destroy the residence.

(3) The Chief Executive Officer may order the owner of a structure, or another person, to destroy the structure if the Chief Executive Officer is satisfied treatment of the structure under section 53(1)(e) has been, or would be, inadequate to prevent the spread of the emergency disease.

(4) If the Chief Executive Officer makes an order under subsection (3), the Chief Executive Officer may also order the destruction of any equipment in or on the structure.

55 Emergency disease: standstill zone declaration

(1) For a control program established to control an emergency disease, the Minister may, by Gazette notice, declare the whole or part of the program area to be a standstill zone if the Minister is satisfied:

(b) there is a real possibility the emergency disease may be introduced into the area.

(a) specify the emergency disease to which the declaration applies; and

(c) state that while the declaration is in force, all movement into, out of or within the standstill zone of livestock, other animals or a thing specified in the declaration is prohibited except in accordance with a standstill zone movement permit issued by the Chief Inspector.

(3) The declaration of a standstill zone may apply in relation to the movement of any of the following:

(a) may revoke the declaration of a standstill zone if the Minister is satisfied it is appropriate to do so; and

(b) must revoke the declaration of a standstill zone if the Minister is satisfied the emergency disease is not present in, and is not likely to be introduced into, the standstill zone.

56 Standstill zone movement permit

(1) The Chief Inspector may regulate the movement of anything to which a declaration of a standstill zone applies by issuing a standstill zone movement permit to the owner of the thing, specifying the movement that is permitted.

(2) A standstill zone movement permit applies in relation to the movement of the thing specified in the permit to the exclusion of any provision of this Act, or any order or authorisation, that is inconsistent with the movement permit.

(3) A person must not move livestock, another animal or a thing specified under section 55(2)(c) if no standstill zone movement permit has been issued for the movement.

Fault elements:

The person:

(b) is reckless in relation to whether a standstill zone movement permit has been issued for the movement.

Maximum penalty: 500 penalty units.

Fault element: Intention.

Maximum penalty: 500 penalty units.

57 Reimbursement of expenses

If expenses are incurred by the Chief Inspector or Chief Executive Officer in the exercise of a power under this Division in relation to livestock, a structure (including a residence) or thing, the owner of the livestock, structure or thing must reimburse the expenses to the Territory unless the Minister directs otherwise.

Note

The owner may be entitled to compensation under Part 5 or section 138.

58 Declaration

(1) For the control of a notifiable disease, the Minister may declare the Territory or a specified area of land in the Territory to be:

(c) any other type of area or zone (except a standstill zone) named in the declaration.

(2) The declaration must be by Gazette notice and state whether the notifiable disease is classified as an emergency disease, endemic disease or exotic disease.

59 Restriction of movement

(1) The Chief Inspector may, by Gazette notice, restrict the movement of persons, vehicles, livestock, other animals, animal products or other things entering, leaving or within a declared area.

(2) The notice may also specify the circumstances in which a person is required to apply to an inspector for a declared area movement permit before entering, leaving or moving within the declared area.

(a) a restriction or requirement specified in a notice under subsection (1); or

Fault element: Intention.

Maximum penalty: 500 penalty units.

60 Dealing with unowned or stray livestock in declared area

The Chief Inspector may take any of the following actions in relation to unowned or stray livestock in a declared area:

(b) test the livestock for the notifiable disease to which the declaration relates;

61 Offences relating to fences and gates

(1) A person must not, without authorisation from an inspector, destroy, remove or damage a fence in or surrounding a declared area.

Fault elements:

The person:

(b) is reckless in relation to the circumstance that the fence is in a declared area.

Maximum penalty: 200 penalty units.

(a) the person uses a gate in a fence that is preventing livestock leaving a declared area; and

(b) the gate, immediately after the person has used it, is not closed and securely fastened.

Fault elements:

The person:

(a) knows the gate is in a fence preventing livestock leaving a declared area; and

(b) is reckless in relation to the circumstance that the gate is not closed and securely fastened.

Maximum penalty: 200 penalty units.

62 Emergency disease infection notice – owner

The owner of premises, livestock or other things commits an offence if the owner:

(a) becomes aware or suspects that the premises, livestock or things are infected with an emergency disease; and

(b) does not, within 24 hours after becoming aware of or forming the suspicion about the infection, notify the Chief Inspector of the awareness or suspicion and the grounds for it.

Fault element: Knowledge of grounds for the awareness of or suspicion about the infection.

Maximum penalty: 500 penalty units.

63 Endemic or exotic disease infection notice – owner

The owner of premises, livestock or other things commits an offence if the owner:

(a) becomes aware or suspects that the premises, livestock or things are infected with an endemic disease or exotic disease; and

(b) does not, as soon as practicable after becoming aware of or forming the suspicion about the infection, notify the Chief Inspector of the awareness or suspicion and the grounds for it.

Fault element: Knowledge of grounds for the awareness of or suspicion about the infection.

Maximum penalty: 500 penalty units.

64 Notifiable disease infection notice – travelling livestock

A person in charge of travelling livestock commits an offence if the person:

(a) becomes aware or suspects that any of the livestock are infected with a notifiable disease; and

(b) does not, as soon as practicable after becoming aware of or forming the suspicion about the infection, notify the Chief Inspector of the awareness or suspicion and the grounds for it.

Fault element: Knowledge of grounds for the awareness of or suspicion about the infection.

Maximum penalty: 500 penalty units.

65 Notifiable disease infection notice – veterinarian

A registered veterinarian commits an offence if the veterinarian:

(a) becomes aware or suspects that livestock are infected with a notifiable disease; and

(b) does not notify the Chief Inspector of the awareness of or suspicion about the infection and the grounds for the awareness or suspicion:

(i) in relation to an emergency disease – within 24 hours after becoming aware of it or forming the suspicion about it; or

(ii) in relation to an endemic disease or exotic disease – as soon as practicable after becoming aware of it or forming the suspicion about it.

Fault element: Knowledge of grounds for the awareness of or suspicion about the infection.

Maximum penalty: 500 penalty units.

66 Contact with animal pathogen

(1) The owner of livestock must not, without authorisation from the Chief Inspector, allow an animal pathogen to come into contact with any of the livestock.

Fault element: Intentionally allowing the contact.

Maximum penalty: 500 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes a reasonable excuse.

67 Sale of infected livestock or animal products

A person must not, without authorisation from the Chief Inspector, sell:

(b) an animal product obtained from livestock that is, or before its death was, infected.

Fault elements:

The person:

Maximum penalty: 500 penalty units or imprisonment for 2 years.

68 Misleading statement about disease status

(ii) livestock have or have not been on land that is affected by disease;

(iii) the owner of livestock has stated or certified that the livestock do not have any disease or a particular disease;

Fault element: Intention to mislead.

Maximum penalty: 500 penalty units or imprisonment for 2 years.

(2) For this section, a statement is misleading if it is misleading in a material particular or by omission of a material particular.

69 Destroyed livestock and destroyed things

(a) livestock destroyed, or moved to an abattoir for slaughter, under section 53; or

(b) livestock certified by a person employed by a State or another Territory as a veterinary officer (however described):

(ii) as having been, at the time of their death, in a quarantine area, control area or restricted area (however described) in relation to the emergency disease or as having been moved to an abattoir directly from such an area.

(2) Destroyed things are animal products or other things destroyed or made unfit for use under a control program relating to an emergency disease.

70 When compensation payable

(1) Subject to this Division, the owner of destroyed livestock or destroyed things is entitled to be paid compensation for the livestock or things, as determined under Division 3 or 4.

(2) An entitlement to be paid compensation does not affect an owner's obligation under section 57 to reimburse expenses incurred by the Chief Inspector or Chief Executive Officer in relation to destroyed livestock or destroyed things.

71 Approval of additional compensation

(1) If an amount of compensation is determined to be payable for destroyed livestock infected with an emergency disease and the cost of replacing the livestock will be more than the compensation payable, the Minister may approve the payment of additional compensation of an amount equal to the difference between:

(2) For subsection (1)(b), the cost of replacing destroyed livestock does not include freight and purchasing costs such as agent fees and yard fees.

72 When compensation not payable

(1) The owner of destroyed livestock or destroyed things is not entitled to be paid compensation for the livestock or things if:

(i) the destruction was necessary because of an act or omission of the owner; and

(ii) the act or omission caused or contributed to, or was likely to cause or contribute to, the spread of a notifiable disease; and

(b) the owner is found guilty of an offence against this Act arising from or in connection with the act or omission.

(2) A person is not entitled to be paid compensation for destroyed livestock if:

(a) the livestock were destroyed or moved to an abattoir for slaughter under a control program relating to a notifiable disease; and

(b) the person is found guilty of an offence against section 62, 63, or 64 in relation to the notifiable disease.

(3) A person is not entitled to be paid compensation for the following:

(b) loss as a result of a breach of a contract or another consequential loss;

(c) any other loss for which compensation is not expressly provided under this Act.

73 Sale money to be paid to owner of slaughtered livestock

(1) If destroyed livestock are slaughtered at an abattoir, any money payable on the sale of the livestock for slaughter must be paid to the owner of the livestock.

(2) If compensation for the slaughtered livestock is paid to their owner, the compensation must be reduced by any amount paid to the owner on the sale of the livestock.

74 Application of Division

(1) This Division applies in relation to the following destroyed livestock:

(2) If the Minister considers it necessary, the Minister may, by Gazette notice, declare that this Division applies in relation to particular livestock destroyed under a control program for an emergency disease.

Note for subsection (2)

The intention is that most determinations of compensation for livestock destroyed under such a control program will be made under Division 4. However, it may be necessary for the Minister to make this declaration in certain situations, for example if there are insufficient people with the necessary qualifications to constitute a valuation panel or if the Minister is satisfied the fees or commissions payable to the members of a valuation panel are likely to exceed the amount of compensation payable for the destroyed livestock.

75 Determination of amount of compensation

The amount of compensation payable for the destroyed livestock must be determined by the Minister by Gazette notice.

76 Application for compensation

(1) The owner of the destroyed livestock may apply to the Chief Inspector for compensation for the livestock:

(2) If the Chief Inspector is satisfied the applicant is entitled to be paid compensation for the destroyed livestock, the Chief Inspector must arrange for payment to the applicant.

(b) to defer consideration of the application during an investigation or prosecution of the applicant in connection with an offence mentioned in section 72.

77 Application of Division

This Division applies in relation to the following:

78 Determination of amount of compensation

(1) The amount of compensation payable for the destroyed livestock must be determined in accordance with this Division and the regulations.

(2) The amount of compensation payable for a destroyed thing is the market value of the thing immediately before it was destroyed or rendered unfit for use, as determined in accordance with this Division.

79 Application for compensation

(1) The owner of destroyed livestock or destroyed things may apply to the Chief Inspector for compensation for the livestock or things:

(2) If the Chief Inspector is satisfied the applicant is entitled to be paid compensation, the Chief Inspector must appoint a valuation panel to determine the amount payable.

(b) to defer consideration of the application during an investigation or prosecution of the applicant in connection with an offence mentioned in section 72.

80 Appointment of and determination by valuation panel

(1) A valuation panel is constituted of the following members appointed in writing by the Chief Inspector:

(a) a person who has valuation experience, and a knowledge of current values, relevant to the destroyed livestock or destroyed things to which the panel's determination relates;

(b) a person who has a knowledge of and experience in the industry most relevant to the destroyed livestock or thing;

(c) a person nominated by the owner of the destroyed livestock or destroyed things.

(2) The Chief Inspector must not appoint a person mentioned in subsection (1)(a) or (b) if the person or the person's employer has a pecuniary interest in relation to the destroyed livestock or destroyed things.

(3) Subject to the regulations, the following matters must be determined by agreement of all or a majority of the members of the valuation panel:

(4) The valuation panel must give the Chief Inspector a written notice if the panel is unable to reach a consensus or majority agreement.

(5) If the panel makes a determination of compensation, it must give the Chief Inspector a written notice, in accordance with the regulations, and the Chief Inspector must give a copy to the applicant and Chief Executive Officer.

81 Determination by valuer if valuation panel cannot agree

(1) If the Chief Inspector is given a notice under section 80(4), the Chief Inspector must appoint a valuer to make the determination of compensation.

(a) has knowledge of and experience in the relevant industry and is generally held in high regard by members of that industry; and

(b) does not have, and whose employer does not have, a pecuniary interest in relation to the destroyed livestock or destroyed things.

(3) The valuer must give the Chief Inspector written notice of the determination of compensation, in accordance with the regulations, and the Chief Inspector must give a copy to the applicant and Chief Executive Officer.

82 Request for review of determination

(1) The applicant or Chief Executive Officer may request a review of the determination of compensation by the valuation panel or valuer if the applicant or Chief Executive Officer considers the determination was made otherwise than in accordance with this Division or the regulations.

(2) The request must be in writing and given to the Chief Inspector no later than 7 days after receipt of the notice of the determination.

83 Selection of valuation reviewer

(1) As soon as practicable after receiving a request for a review of a determination of compensation, the Chief Inspector must consult with the applicant to select a person to review the determination.

(2) If agreement about the person to be selected is reached within 7 days after consultation begins, the Chief Inspector must appoint the selected person as the valuation reviewer.

(3) If agreement about the person to be selected is not reached within 7 days after consultation begins, the Chief Inspector must give the request for a review to the Minister.

(4) As soon as practicable after receiving the request, the Minister must select a person to be the valuation reviewer.

(b) has knowledge of current values relevant to the destroyed livestock or destroyed things to which the determination relates; and

(c) does not have, and whose employer does not have, a pecuniary interest in relation to the destroyed livestock or destroyed things.

84 Determination by valuation reviewer

(1) The valuation reviewer may make a determination of compensation that confirms or varies the determination under review and must give the Chief Inspector written notice of the valuation reviewer's determination in accordance with the regulations.

(2) As soon as practicable after receiving the notice, the Chief Inspector must inform the applicant and Chief Executive Officer of the decision.

(3) Subject to section 138, the determination of compensation made by the valuation reviewer is final and conclusive.

85 Payment of compensation

(1) If no request for a review is made under section 82 within the period specified by the section, the Chief Inspector must, as soon as practicable after the end of that period, arrange payment of the compensation as determined by the valuation panel or valuer.

(2) As soon as practicable after giving notice to the applicant under section 84(2), the Chief Inspector must arrange payment of the compensation as determined by the valuation reviewer.

86 Office of Registrar

(1) The Chief Executive Officer must, in writing, appoint a public sector employee to the office of Registrar.

(2) A person must not hold office as Registrar at the same time as holding office as Chief Inspector.

(3) The Registrar has the functions conferred on the Registrar under this Act.

(4) The Registrar has the powers necessary or convenient for the performance of the functions of office.

(5) In exercising a power or performing a function under this Act, the Registrar is subject to the direction of the Chief Inspector.

(6) The Registrar may, in writing, delegate to a public sector employee any of the Registrar's powers or functions under this Act.

87 Registers to be kept and information to be provided

(1) In addition to the registers the Registrar is required or permitted to keep under this Act, the Registrar may keep the registers necessary or convenient to be kept for the proper performance of the Registrar's functions.

(2) Subject to the regulations, the Registrar may decide the appropriate form and manner in which a register must be kept and the information to be given to the Registrar in connection with an entry in a register.

88 Inspections and copies of register and publication of information

(1) A person may inspect a register during the normal business hours of the Agency.

(2) The Registrar may give a person a copy or summary of a register or part of a register and charge a reasonable fee for the copy or summary.

(3) The regulations may specify the information in a register that may be made public on the Internet or in another way.

89 Approval of documents and codes

(1) The Registrar may approve the form of notices, applications, certificates and other documents in connection with a matter for which the Registrar may perform a function under this Act.

(2) The Registrar may approve codes, as in force at a particular time or as in force from time to time, to be used to illustrate or describe earmarks.

90 Appointment of Chief Inspector

(1) The Chief Executive Officer must, in writing, appoint a person to the office of Chief Inspector of Livestock.

(2) The Chief Inspector of Livestock must be a public sector employee who is a registered veterinarian.

91 Appointment of inspectors

(1) The Chief Inspector may, in writing, appoint a public sector employee to the office of an inspector of livestock.

(2) A person appointed to the office of an inspector of livestock also holds office as an inspector under the Meat Industries Act 1996.

(3) The Chief Inspector may, in writing, appoint another person to be an inspector:

(4) The Chief Inspector may, by Gazette notice, declare that any of the following have the powers and functions of an inspector under this Act, subject to any conditions or limitations specified in the notice:

(5) A power conferred under subsection (4) on a police officer is in addition to, and does not limit, any other power the officer may have under any other law of the Territory.

92 Identity cards

(1) The Chief Executive Officer must issue to a person appointed as Chief Inspector or an inspector appointed under section 91(1) or (3) an identity card specifying the person's name and office and including a recent photograph and the signature of the person.

(2) A person must, on ceasing to be the Chief Inspector or an inspector, return the identity card to the Chief Executive Officer.

Fault element: Strict liability offence.

Maximum penalty: 20 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes a reasonable excuse.

93 Chief Inspector's powers and functions

(1) In addition to the powers and functions conferred on the Chief Inspector under other provisions of this Act, the Chief Inspector has:

(b) the functions conferred on the Chief Inspector under any other Act; and

(c) the powers necessary or convenient for the performance of those functions.

(2) The Chief Inspector also has the powers and functions of an inspector.

(3) In exercising a power or performing a function under this or any other Act, the Chief Inspector is subject to the direction of the Minister.

(4) The Chief Inspector may, in writing, delegate to a public sector employee any of the Chief Inspector's powers or functions under this or any other Act.

94 Inspector's powers and functions

(1) In addition to the powers conferred on an inspector under other provisions of this Act, an inspector has the powers necessary and convenient for the performance of the inspector's functions under this Act.

(2) In exercising a power or performing a function, the inspector is subject to the direction of the Chief Inspector.

95 Chief Inspector may approve form of documents

The Chief Inspector may approve the form of notices, applications, permits and other documents to be used under Part 4 or 5 or this Part.

96 Chief Inspector may require information or documents

(1) The Chief Inspector may, by written notice, require a person to answer questions, provide information or produce a document, as specified in the notice, if the Chief Inspector considers the answer, information or document is relevant to the administration or enforcement of this Act.

Fault element: Intention.

Maximum penalty: 100 penalty units.

97 Chief Inspector may give orders about seized things

(a) livestock seized under this Act must be sold by private sale or public auction;

(b) any other thing seized under this Act must be confiscated, destroyed or sold by private sale or public auction.

(2) A person given an order under subsection (1) must not contravene the order.

Fault element: Intention.

Maximum penalty: 100 penalty units.

98 Chief Inspector may restrict use of biological preparation and drugs

(1) The Chief Inspector may, by Gazette notice directed to a class of persons or an order given to the owner of livestock, restrict the use of a biological preparation, chemical or veterinary drug in the treatment of livestock.

(2) A person must not contravene a notice or order directed or given to the person under subsection (1).

Fault element: Intention.

Maximum penalty: 500 penalty units.

99 Inspector may authorise person to assist

An inspector may authorise a person to assist the inspector in the exercise of a power or performance of a function under this Act.

100 Inspector may require name and address

(1) A inspector may require a person to state the person's name and address if the inspector:

(a) reasonably suspects the person is committing an offence against this Act; or

(b) finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has recently committed an offence against this Act.

(2) The inspector may require the person to provide evidence of the person's name and address if the inspector reasonably doubts the truth of the person's response.

(3) When requiring the person to state or provide evidence of the person's name and address, the inspector must also issue a warning that it is an offence to contravene the requirement without a reasonable excuse.

Fault element: Strict liability offence.

Maximum penalty: 100 penalty units.

(5) It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse.

101 Inspector may use reasonable force

If an inspector considers it necessary, the inspector may use reasonable force:

(a) to prevent a person who is apparently contravening this Act from continuing to do so; or

(b) to prevent a person who is apparently obstructing another person from complying with this Act, or rendering assistance to an inspector in accordance with this Act, from continuing to do so.

102 Inspector may place notices on land

An inspector may place notices in an approved form at any of the following places:

(a) at or near the boundary of a property or other area of land to which a declaration or restriction under this Act applies to indicate the boundaries of, or any restriction relating to, the property or area;

(c) at any place considered appropriate to indicate the effect of an order or other notice given under this Act;

(d) on or near a road to indicate that traffic along the road must stop.

103 Inspector may muster livestock

An inspector may muster livestock or order the owner or person in charge of the livestock to do so.

104 Entry of premises generally

(a) enter any premises with the consent of the occupier or a person apparently in charge of the premises;

(b) enter at any reasonable time, without consent, premises that are not residential premises;

(2) An inspector may enter premises with the assistance that is necessary and reasonable.

(3) An inspector who enters premises must not remain on the premises if, when requested by the occupier or a person apparently in charge of the premises, the inspector does not produce his or her identity card.

(4) In order to enter a vehicle, an inspector may require the driver of the vehicle to stop the vehicle, keep the vehicle stationary or move the vehicle to a specified place.

Fault element: Intention.

Maximum penalty: 100 penalty units.

105 Application for and issue of warrant

(1) An inspector may apply to a Local Court Judge for a warrant to enter residential premises:

(b) if it is not practicable to appear in person – by telephoning the Judge.

(2) If the Judge is satisfied there are reasonable grounds to permit the inspector to enter the residential premises, the Judge may issue a warrant directed to the inspector.

(3) If the Judge issues a warrant on an application made by telephone:

(a) the Judge must complete and sign the warrant (the original warrant), inform the inspector by telephone of its terms and record on the original warrant the Judge's reasons for issuing it; and

(i) complete 2 copies of a form of warrant in the terms provided by the Judge;

(ii) write on each copy the name of the Judge and the date and time of issue of the original warrant;

(b) if the copy is in substance identical to the original warrant, the copy has the same authority as the original warrant.

106 Effect and term of warrant

(1) A warrant permits the inspector to whom it is directed, and any person authorised under section 99 to assist the inspector, to do the following:

107 Powers on entry of premises

(1) An inspector who enters premises in accordance with section 104 may do any of the following:

(a) inspect, examine and search the premises and inspect anything found on the premises;

(b) open (including by breaking open) a container or package found on the premises in order to inspect or examine the contents;

(c) take photographs, films or audio, video or other recordings of the premises or anything found on the premises;

(d) take copies of, or extracts from, a document found on the premises;

(ii) produce, within a reasonable time, documents kept on the premises;

(iii) provide reasonable assistance to the inspector in the exercise of a power under this section;

(g) if the inspector reasonably believes anything found on the premises may be connected with an offence against this Act – order the occupier or a person apparently in charge of the premises not to remove the thing for the period of not more than 14 days specified in the order;

(h) destroy or render harmless, or order the occupier or a person apparently in charge of the premises to destroy or render harmless, anything found in or on the premises that poses, or is likely to pose, a threat to the health or safety of persons;

(i) order the owner of livestock to maintain or repair a fence for containing livestock within an area.

(2) An inspector may destroy an animal or animal products under subsection (1)(h) only with the consent of the owner or the Chief Inspector.

(3) A person must not contravene a requirement or order given under this section.

Fault element: Strict liability offence.

Maximum penalty: 100 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (3) if the defendant establishes a reasonable excuse.

108 Powers of seizure following entry

An inspector who enters premises in accordance with section 104 may seize anything found on the premises if the inspector reasonably believes the thing:

(a) is connected with an offence against this Act and the seizure is necessary to prevent it being:

(b) is connected with an offence against this Act and the seizure is necessary to conduct tests for adducing evidence in a prosecution for the offence.

109 Procedure generally following seizure

(1) This section applies in relation to anything seized by an inspector under this Division or any other provision of this Act.

(2) After the inspector has seized the thing, the inspector must give a receipt for it to any of the following persons:

(a) the occupier or person apparently in charge of the premises where the thing was seized;

(c) the person the inspector reasonably believes was in possession of the thing immediately before it was seized.

(a) take the thing to an appropriate place or order another person to take the thing to a place specified by the inspector; or

(b) give an order about the appropriate handling and storage of the thing.

(4) A person must not, without the written consent of the Chief Inspector:

(b) remove anything seized under this Act from the place where it was seized or subsequently taken.

Fault element: Intention.

Maximum penalty: 200 penalty units.

110 Retention of things seized if connected with offence

(1) If anything is seized because it is connected with an offence against this Act, it must be held by the inspector as evidence to be tendered in a prosecution for the offence.

(2) Subsection (1) does not apply if the Chief Inspector authorises the release of the thing to its owner or the person who had possession of it immediately before it was seized.

(3) If a prosecution for the offence is commenced within 12 months after the seizure of the thing and the defendant is found guilty of the offence, the court may make 1 of the following orders:

(b) if the Chief Inspector has previously authorised the release of the thing – the defendant must pay to the Territory an amount equal to the market value (as determined by the court) of the thing at the time it was seized.

(4) The Chief Inspector must release the thing to its owner or the person who had possession of it immediately before it was seized if 1 of the following circumstances applies:

(a) a prosecution for an offence against this Act is not commenced within 12 months after the seizure;

(b) a prosecution for an offence against this Act is commenced within 12 months after the seizure and the defendant is not found guilty of the offence or the court does not make an order under subsection (3).

111 Seizure and destruction of wildlife requires approval

Despite any other provision of this Act, an inspector may seize or destroy wildlife as defined in the Territory Parks and Wildlife Conservation Act 1996 only with the approval of the Director of Parks and Wildlife.

112 Giving orders

(a) on the date specified in the order, which must not be earlier than the date the order is given; or

(b) if no date is specified in the order – on the date the order is given.

(2) If the person giving an order is satisfied urgent action is required, the person may give the order orally.

(3) An order given orally has effect immediately and ceases to be of effect 72 hours after it is given unless confirmed by a written order.

(4) An order may specify a reasonable time for compliance and may include directions about the way in which an action required by the order must be taken.

113 Action and recovery of expense if contravention of order

(1) If an inspector orders a person to take a specified action and the person contravenes the order, an inspector may take the action.

(2) If the inspector incurs an expense in taking the action, the Territory may, unless the Minister directs otherwise, recover the amount of the expense as a debt from the person who contravened the order.

114 Authorisations

(1) A person may apply in writing or make an oral application for an authorisation that may be given under this Act.

(2) If the Registrar, Chief Inspector or an inspector (the decision maker) receives a written application for an authorisation, the decision maker must give the authorisation, or refuse to do so, by written notice to the applicant within 7 days after receiving the application.

(3) If a decision maker receives an oral request for an authorisation, the decision maker may give the authorisation or refusal orally and confirm the decision by written notice within the next 24 hours.

115 Orders and notices may apply other documents

An order or notice given under this Act may apply, adopt or incorporate (with or without changes) the whole or part of a document as in force or existing at a particular time or from time to time.

116 Delegation by Minister or Chief Executive Officer

(1) The Minister may, in writing, delegate to a public sector employee any of the Minister's powers or functions under this Act except the power to give a direction under section 57 or 113(2).

(2) The Chief Executive Officer may, in writing, delegate to a public sector employee any of the Chief Executive Officer's powers or functions under this Act except the power:

(a) under section 40(b) to approve an order for destruction or disposal made by the Chief Inspector; or

(3) The Chief Executive Officer must not delegate to the Registrar, Chief Inspector or an inspector the power to conduct a review.

117 Protection from liability

(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following:

(d) an inspector or a person authorised under section 99 to assist an inspector.

Note for subsection (1)

This section has effect subject to Part VIIA of the Police Administration Act 1978 to the extent that it applies to the civil liability of a police officer who is exercising the powers and functions of an inspector.

(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.

exercise, of a power, includes the purported exercise of the power.

performance, of a function, includes the purported performance of the function.

118 No review of certain decisions relating to emergency disease

(1) A decision of the Chief Executive Officer or Chief Inspector made for the control of an emergency disease:

(b) must not be challenged, appealed against, reviewed, quashed or called into question in any court or tribunal; and

(c) is not subject to prohibition, mandamus, injunction, declaration or certiorari in any court or tribunal on any ground.

(2) Without limiting subsection (1), the making of a decision mentioned in the subsection includes the following:

(e) a review of a reviewable decision, made by an inspector, relating to the control of an emergency disease.

119 Reviewable decisions of Registrar

Each of the following decisions of the Registrar is a reviewable decision:

(a) a refusal under section 20(4) to authorise the movement of prescribed travelling livestock without a waybill;

(b) a refusal under section 23 to authorise a slower speed of travel on a stock route than is prescribed;

120 Reviewable decisions of Chief Inspector

Each of the following decisions of the Chief Inspector is a reviewable decision:

(a) a refusal under section 32 to approve a diagnostic laboratory;

(b) a refusal under section 66 to authorise a person to allow an animal pathogen to come in contact with livestock;

(c) a refusal under section 67 to authorise a person to sell infected livestock or an infected animal product;

(e) a refusal under section 110(2) to authorise the release of a thing held as evidence of an offence;

121 Reviewable decisions of inspectors

Each of the following decisions of an inspector is a reviewable decision:

(a) a refusal under section 61 to authorise a person to perform an act in relation to a fence that is otherwise prohibited by that section;

(b) a refusal under section 129 to authorise a person to perform an act in relation to a notice or sign that is otherwise prohibited by that section;

122 Notice of reviewable decision

(1) A person who makes a reviewable decision must, unless another provision of this Act provides otherwise, give a written notice of the decision to the person (the recipient) who:

(b) is registered in relation to the matter to which the decision relates.

(b) if no time is specified – as soon as practicable after the recipient made the application or request to which the decision relates.

(c) any other matter this Act requires to be specified in relation to the decision.

123 Application for internal review

(1) A person given notice of a reviewable decision may apply to the Chief Executive Officer for an internal review of the decision.

(b) within 14 days after the date on which the person receives the notice of the decision.

(3) The making of the application does not affect the operation of the reviewable decision.

124 Internal review by Chief Executive Officer

(1) Within 14 days after an application under section 123(1) for internal review is received, the Chief Executive Officer may decide:

(c) to set aside the reviewable decision and substitute the Chief Executive Officer's own decision.

(2) The Chief Executive Officer must give the applicant written notice of the Chief Executive Officer's decision under subsection (1).

(b) that the applicant has a right to apply to NTCAT under section 125(3) for review of the decision.

125 Review by NTCAT

(1) NTCAT has jurisdiction to review a decision of the Chief Executive Officer on an internal review under section 124 (an internal review decision).

(2) An affected person, for an internal review decision, is the person who made the application for internal review under section 123(1).

(3) An affected person for an internal review decision may apply to NTCAT for review of the decision.

Note for section 125

The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews.

126 Misleading information and document

(1) A person must not give misleading information to a person who is exercising powers or performing functions under this Act.

Fault elements:

The person:

(a) knows the recipient of the information is acting in an official capacity; and

Maximum penalty: 200 penalty units or imprisonment for 1 year.

(2) A person must not give a document containing misleading information to a person who is exercising powers or performing functions under this Act.

Fault elements:

The person:

(a) knows the recipient of the document is acting in an official capacity; and

Maximum penalty: 200 penalty units or imprisonment for 1 year.

(3) Subsection (2) does not apply if the person, when giving the document:

(a) draws the misleading aspect of the document to the recipient's attention; and

(b) to the extent to which the person can reasonably do so – gives the recipient the information necessary to correct the document.

misleading information means information that is misleading in a material particular because it:

127 Impersonation

A person must not falsely represent, by words or conduct, that the person, or someone else, is:

Fault element: Intention to deceive.

Maximum penalty: 400 penalty units or imprisonment for 2 years.

128 Obstruction and abusive language

(1) A person must not obstruct an inspector, or person assisting an inspector, who is exercising powers or performing functions under this Act.

Fault elements:

The person:

(b) knows that the person who is obstructed is acting in an official capacity.

Maximum penalty: 100 penalty units or imprisonment for 6 months.

(2) A person must not use abusive, threatening or insulting language to an inspector, or person assisting an inspector, who is exercising powers or performing functions under this Act.

Fault elements:

The person:

(a) intentionally uses abusive, threatening or insulting language; and

(b) knows that the person to whom the language is used is acting in an official capacity.

Maximum penalty: 100 penalty units or imprisonment for 6 months.

129 Interference with notice or sign

A person must not, without authorisation from an inspector, destroy, remove, deface, damage or otherwise interfere with a notice or sign placed on land under this Act.

Fault element: Strict liability offence.

Maximum penalty 100 penalty units.

130 Prosecutions

(1) Proceedings for the prosecution of an offence against a provision of this Act must not be started more than 3 years after the occurrence of the alleged offence.

(2) A prosecution for an offence against this Act may be started only with the written consent of the Chief Inspector.

(3) Subsection (2) does not apply to a prosecution started by the Attorney-General or Director of Public Prosecutions.

131 When thing connected with offence

For this Act, a thing is connected with an offence if any of the following circumstances apply:

(c) the thing is used or is intended to be used for committing the offence.

132 Evidence in relation to brands and earmarks

(1) An extract from a register purporting to be signed by the Registrar is evidence of the matters stated in the extract.

(2) A certificate purporting to be signed by the Registrar, stating a brand or earmark has not been registered, is evidence of the fact.

(3) A registered brand or earmark on livestock or hides that are proved not to be owned by the owner of the registered brand or earmark (the brand owner) is evidence that the brand owner branded or marked the livestock or hides knowing he or she did not own the livestock at the time they were branded or marked.

133 Evidentiary certificate by Chief Inspector

A certificate purporting to be signed by the Chief Inspector, stating a matter under this Act, is evidence of the matter.

134 Criminal liability of executive officer of body corporate – evidential burden of proof on defence

(1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence).

Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence.

(2) An offence against subsection (1) is an offence of absolute liability.

(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant:

(a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or

(c) did not know, and could not reasonably have been expected to know, that the contravention would happen.

(4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following:

(a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention):

(i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision;

(ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i);

(iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision;

(b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen.

(5) Subsection (4) does not limit the matters the court may consider.

(6) This section does not affect the liability of the body corporate.

(7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence.

(8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence.

declared provision means:

(a) section 41, 45, 48(3), 53(4), 56(3) or (4), 59(3), 64, 67 or 68(1); or

executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.

135 Self-incrimination

(1) A person is not excused from answering a question, providing information or producing a document, if required to so under this Act, on the ground that the answer, information or document might tend to incriminate the person or make the person liable to a penalty.

(2) However, the answer, information or document is not admissible in evidence against the person in a civil or criminal proceeding except a proceeding for an offence in which the falsity or misleading nature of the answer, information or document is relevant.

136 Continuing offences

(1) This section applies if a court has found a person guilty of an offence against a provision of this Act.

(2) The court may, in addition to any penalty imposed for the offence, impose a penalty not exceeding 10 penalty units for each day during which the offence continues after the day on which the offence is committed.

137 Territory not required to provide water or fodder on stock route

The Territory is not required by this Act or any other law in force in the Territory to provide water or fodder for livestock travelling or grazing on a stock route.

138 Acquisition on just terms

If the operation of this Act would, apart from this section, result in an acquisition of property other than on just terms:

(a) the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms; and

(b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms.

139 Regulations

Note for subsection (1)

See section 65 of the Interpretation Act 1978.

(a) systems or methods of identification of livestock or other things;

(d) permits, authorisations or orders relating to matters under this Act;

(f) the control of disease in livestock, including methods of testing or treatment and the measures to be taken to decrease the risk of disease;

(ii) the sale and supply of fodder, including the form and content of labels and invoices;

(iii) the labelling of animal products and other things, whether for the control of disease or provision of information;

(i) methods of destroying livestock, animal products and other things;

(j) the enforcement of a code of practice by providing that a contravention of the code is an offence against the regulations or by other means;

(a) confer a discretion on the Minister, Chief Executive Officer, Chief Inspector or Registrar;

(b) apply, adopt or incorporate (with or without changes) the whole or part of a document as in force or existing at a particular time or from time to time;

(c) prescribe a fine, not exceeding 200 penalty units, for an offence against the regulations;

(d) provide for an offence against the regulations to be an offence of strict or absolute liability.

140 Definition

In this Part:

commencement day means the day on which this Act commences.

141 Repeals

The Acts specified in the Schedule are repealed.

142 Brands, certificates and registers

(1) A brand registered under the Brands Act 1928 immediately before the commencement day is taken to be a 3-letter brand registered under this Act.

(2) A distinctive brand registered under the Brands Act 1928 immediately before the commencement day is taken to be a symbol brand registered under this Act.

(3) A certificate for a brand issued under the Brands Act 1928 has effect as if issued under this Act.

(4) A register kept under the Brands Act 1928 immediately before the commencement day continues in force under this Act.

143 Decisions relating to brands

(1) If an application under the Brands Act 1928 for the registration of a brand or the transfer of a registered brand is not decided before the commencement day, the Registrar must decide the application under this Act.

(2) The Brands Act 1928, as in force immediately before the commencement day, continues to apply in relation to the following matters:

(a) a decision to cancel the registration of a brand notified under section 22(2) of that Act less than 28 days before the commencement day;

(b) an appeal under section 24 of that Act made within the period specified by that section, regardless of whether the appeal is instituted before or after the commencement day.

144 Property and livestock identification

(1) The register of property identifier codes kept under the Stock Diseases Regulations 1956 immediately before the commencement day continues as the register mentioned in section 15(2).

(2) An approved identification device, as defined in the Stock Diseases Regulations 1956, in force immediately before the commencement day, is taken to be an identification device approved under section 16.

145 Determination of compensation

If a person has applied for compensation under Part VA, Division 3 of the Stock Diseases Act 1956 and the application is not determined before the commencement day, that Act continues to apply in relation to the determination and any review of the determination.

146 Waybills and interstate health certificates

This Act applies in relation to a waybill or interstate certificate issued under the repealed Stock Routes and Travelling Stock Act 1954 during the 12 months immediately before the commencement day as if it were a waybill or health certificate mentioned in this Act.

147 Offences – before and after commencement

(1) Section 134, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 20 of that Act (the commencement) only if:

(a) all the conduct constituting the relevant offence occurred after the commencement; and

(b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement.

(a) continues to apply in relation to offences committed by a body corporate before the commencement; and

(b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply.

148 Definitions

In this Part:

amending Act means the Livestock and Other Legislation Amendment Act 2024.

commencement means the commencement of section 28 of the amending Act.

149 Applications and reviews of decisions made before commencement

(1) Despite section 28 of the amending Act, section 124 (as in force immediately before the commencement) continues to apply in relation to an application to the Chief Executive Officer for review of a reviewable decision that was made before the commencement.

(2) Despite section 28 of the amending Act, section 125 (as in force immediately before the commencement) continues to apply in relation to a decision of the Chief Executive Officer on a review under section 124 that:

(a) was made by the Chief Executive Officer before the commencement; and

(b) is made by the Chief Executive Officer after the commencement on an application for review referred to in subsection (1).

section 141