Livestock Act 2008

This Act may be cited as the Livestock Act 2008.

This Act commences on the date fixed by the Administrator by Gazette notice.

The object of this Act is to promote a sustainable livestock industry and associated industries by:

(b) supporting market access to, and product integrity of, livestock and livestock products; and

(ba) providing for the making and enforcement of biosecurity management plans; and

(c) regulating the movement of livestock, animal products and other things associated with livestock; and

(d) protecting the health and welfare of livestock by establishing standards and procedures for managing livestock, controlling diseases and implementing the national biosecurity strategy and by other means; and

(e) providing compensation for losses caused by certain livestock diseases.

In this Act:

3-letter brand means a brand consisting of 3 letters, including the letter "T", of a size prescribed by regulation.

abattoir means an establishment at which the slaughter of livestock is licensed under the Meat Industries Act 1996.

animal pathogen means a prion, virus, rickettsia, bacterium, protozoon, fungus, helminth, arthropod, insect or other pathogen or organism that is capable of causing a disease in livestock.

animal product includes the following:

(b) the meat, blood, hide, skin, wool, hair, feathers, beaks, horns, antlers, hooves, feet and offal of livestock;

(c) fat, milk, whey, cream, butter, cheese, eggs and other food or foodstuffs derived from livestock;

(f) the secretions and excretions, including manure and other wastes, from livestock.

approved form means a form approved under section 89(1) or 95.

authorisation means an authorisation in accordance with section 114.

biological preparation means any of the following:

(a) a product used in relation to the diagnosis, prevention, alleviation or cure of a disease or abnormal condition in livestock that is:

(i) prepared in any manner from animal tissue (including blood, lymph or glandular secretion); or

(ii) produced in any manner by the agency of any microscopic or ultramicroscopic organisms or ferments;

(b) a synthetic compound identical with or closely related to a product mentioned in paragraph (a) and having or claimed to have a comparable use;

biosecurity impact, for Part 2A, see section 16A.

biosecurity management area means an area of land to which a biosecurity management plan applies.

biosecurity management plan means a biosecurity management plan made under section 16B.

biosecurity matter, for Part 2A, see section 16A.

brand means a 3-letter brand or symbol brand.

buffalo means animals of the species Bubalus bubalis.

carcass includes the hide, skin, wool, hair and viscera of an animal.

carrier, for Part 2A, see section 16A.

cattle means bovine animals but does not include buffalo.

Chief Inspector means the person holding or occupying the office of Chief Inspector of Livestock mentioned in section 90.

classified property means a property given a classification under section 47(1).

control, of a disease, includes the following:

control program means a disease control program established under section 50(1).

controlled livestock, see section 50(2)(b).

Crown lands, see the Crown Lands Act 1992.

declared area means an area or zone declared under section 58(1)(a), (b) or (c).

destroyed livestock, for Part 5, see section 69(1).

destroyed things, for Part 5, see section 69(2).

determination of classifications, see section 46(1).

determination of compensation means a determination of compensation payable under Part 5, Division 4.

disease means a disease or condition capable of affecting livestock.

earmark means a mark made on the ear of an animal.

emergency disease, see section 30(3).

endemic disease, see section 30(4).

enter includes board.

exotic disease, see section 30(5).

fence includes a wall, railing and any similar fixed or portable barrier or structure.

fodder means hay, straw, grass, green crop, root, vegetable, grain, corn, meal, licks, litter, manure, manufactured foodstuff, mammalian material or other similar thing:

(b) used, or intended for use, as an ingredient of food or litter for livestock; or

health certificate, for prescribed imported livestock, means a health certificate in accordance with section 17(2).

honey bee means a European honey bee of the species Apis mellifera.

horse means an equine animal.

infected, see section 29(1).

inspector means a person holding or occupying the office of an inspector of livestock mentioned in section 91, and includes the Chief Inspector.

livestock, see section 5.

mammalian material means:

(b) meal obtained by rendering mammalian blood, bone, flesh or other tissue.

nominated person, for a biosecurity management plan, see section 16B(1)(b).

notifiable disease, see section 30(2).

obstruct includes resist and hinder.

owner includes the following:

(a) in relation to premises – a person who holds an estate in fee simple in, or a lease or licence over, the premises and a person who manages or has control over the premises;

(b) in relation to livestock or other things – an agent or employee of the owner and a person who has control of the livestock or thing.

pecuniary interest, for Part 5, Division 4, does not include a fee or commission payable to a member of a valuation panel, valuer or valuation reviewer.

possession includes custody, care, control and supervision.

poultry includes all species of domestic ducks, geese and turkeys.

premises means any of the following:

(b) a building or other structure and the land on which it is situated, irrespective of whether the building or structure is affixed to the land;

(c) a vehicle, including an aircraft, vessel and rolling stock operating on or using a railway track.

prescribed imported livestock means livestock prescribed under section 17(1).

prescribed travelling livestock means livestock prescribed under section 20(1).

program area, see section 50(2)(c).

property means land held by a person under any form of tenure.

quarantine order means an order made under Part 4, Division 3.

reasonably believes means believes on reasonable grounds.

reasonably suspects means suspects on reasonable grounds.

registered, in relation to a person, thing or matter, means information about the person, thing or matter entered in a register kept under this Act.

registered veterinarian, see the Veterinarians Act 1994.

Registrar means the person holding or occupying the office of Registrar mentioned in section 86.

residential premises means premises used exclusively or primarily as a residence, and includes a private room in (but not any other part of) a motel, hotel or guesthouse.

reviewable decision means a decision mentioned in section 119, 120 or 121.

sell means dispose of for valuable consideration, and includes the following:

standstill zone means an area declared under section 55(1) to be a standstill zone.

standstill zone movement permit means a permit issued under section 56(1).

stock route means land:

(a) reserved under the Crown Lands Act 1992 for a stock route and travelling stock; or

(b) declared under the Crown Lands Act 1992 to be a route for the passage of travelling stock.

structure includes a yard, pen and enclosure but does not include a building used as residential premises.

symbol brand means a brand consisting of a symbol.

travelling livestock means livestock driven on the hoof, or transported by road, rail, water or air in the Territory, outside the property on which the livestock are usually kept.

test includes analysis, examination, experiment and investigation.

treat means to dip, drench, dress, rub, spray, spot, vaccinate, inject, implant, disinfect, fumigate or otherwise treat or clean with a substance or mixture of substances.

unowned, in relation to livestock, includes livestock that is feral or abandoned.

valuation panel means the valuation panel constituted under section 80.

valuation reviewer means a person selected under section 83 to review a determination of compensation.

valuer means a person appointed under section 81 to make a determination of compensation.

warrant means a warrant to enter residential premises issued under section 105(2).

waybill means an approved form of waybill.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(a) crocodiles, cattle, buffalo, horses, camels, sheep, goats, pigs (including wild pigs), deer, llamas, alpacas, poultry and honey bees;

(2) The Minister may, by Gazette notice, declare animals to be livestock.

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

The regulations may prescribe the livestock for which the Registrar may register 3-letter brands under this Division.

(1) On application by a person in accordance with the regulations, the Registrar may register a 3-letter brand to the person:

(2) On application by the registered owner of a 3-letter brand, the Registrar may register a symbol brand or earmark (or both) in connection with the 3-letter brand.

3 symbol brands registered in connection with the 3-letter brand.

Registrar to register the transfer of the brand to another person.