1Citation
These Regulations may be cited as the Livestock Regulations 2009.
These Regulations may be cited as the Livestock Regulations 2009.
These Regulations come into operation on the commencement of the
Livestock Act 2008.
In these Regulations:
approved device means an identification device mentioned in regulation 37(1) that has been approved by the
Registrar.
approved laboratory means a veterinary diagnostic laboratory approved under section 32(2) of the Act.
bulk, in relation to the supply of manufactured foodstuff, means the supply of the foodstuff other than in a container.
cattle transaction tag, see regulation 37(3).
container includes bag and package.
declared area movement permit means a declared area movement permit required under section 59(2) of the Act.
identifiable livestock means livestock prescribed by regulation 30.
identifiable property means a property on which identifiable livestock are kept.
infringement notice means a notice mentioned in regulation 89.
infringement offence, see regulation 88(1).
manufactured foodstuff, see regulation 75.
movement permit means a declared area movement permit or standstill zone movement permit.
permanent identification device, see regulation 37(2).
PIC means a property identification code allotted under the PIC system.
PIC register means the register kept for the PIC system.
PIC system means the system for identifying properties mentioned in section 15(1) of the Act.
product statement, see regulation 76(1).
product warning, see regulation 76(2).
prohibited pig feed, see regulation 70.
register of beehives means the register of beehives kept under regulation 51B.
registered owner, of a brand or earmark, is the person to whom the brand or earmark is registered.
registered property means:
for a brand or earmark – the property on which the brand or earmark will be used, as entered in a register under regulation 10(1); or
for a PIC – the identifiable property for which the PIC is registered under regulation 32(2).
regulated livestock, for Part 2, Division 6, see regulation 40A
restricted animal material, see regulation 74(1).
supply includes sell and exchange.
transaction eartag, see regulation 37(4).
unbranded cattle, means cattle of at least 8 months of age that have not been branded.
valuation body means a valuation panel, valuer or valuation reviewer.
Unless the Act or these Regulations specify otherwise:
(a) a notice required to be given or an application that may be made under the Act or these Regulations must be in the approved form and must include all the information required by the form; and
(b) a person may give a notice or make an application in any of the following ways:
in person;
by post or facsimile transmission;
by electronic mail transmission.
(2) The Registrar or an inspector may refuse to accept a notice or application, or take any action in relation to a notice or application (regardless of whether it is accepted), until:
(a) all relevant information required by the relevant approved form is included in the notice or application; and
(b) in relation to an application for which a fee is prescribed under regulation 6 – the fee is paid.
For section 8 of the Act, the Registrar may register 3-letter brands to be applied to the following livestock:
buffalo;
cattle;
horses.
A person who makes an application specified in Schedule 1, column 1 must pay the fee specified opposite the application in
Schedule 1, column 2.
(1) A person who is at least 18 years of age may apply to the Registrar for the registration of a 3-letter brand to be used for branding livestock prescribed by regulation 5.
(2) The application must specify the property on which the 3-letter brand will be used (the specified property) and the livestock to which the brand will be applied.
The applicant must be:
the owner of the specified property; or
(b) a person who, with the permission of the owner of the specified property, intends to brand the livestock on the property.
(1) Within 30 days after receiving an application to register a brand or earmark, the Registrar must decide whether or not to register the brand or earmark and give the applicant written notice of the decision.
(2) Before registering a 3-letter brand on the application of a person who is not the owner of the property on which the brand will be used, the Registrar must be satisfied:
(a) the owner of the property has given the person permission to brand on the property; and
it is reasonable in the circumstances to register the brand.
(3) The Registrar may refuse to register a brand on reasonable grounds, including any of the following:
the brand resembles another registered brand;
the brand would be likely to deceive a person;
(c) the brand is unlikely to produce a legible brand when applied to livestock.
(4) The Registrar may refuse to register an earmark (the proposed earmark) on reasonable grounds, including any of the following:
(a) the proposed earmark resembles another registered earmark that is used on a property adjacent to the property on which the proposed earmark would be used;
the proposed earmark would be likely to deceive a person.
(1) The registered owner of a registered 3-letter brand may apply to the Registrar to register the transfer of the brand to another person.
(2) Within 30 days after receiving an application to register the transfer of a registered 3-letter brand, the Registrar must decide whether to register the transfer and give the applicant written notice of the decision.
(3) Before registering the transfer of a registered 3-letter brand to a person who is not the owner of the property on which the brand will be used, the Registrar must be satisfied:
(a) the owner of the property has given the person permission to use the brand on the property; and
it is reasonable in the circumstances to register the transfer.
(4) The Registrar may refuse to register the transfer on reasonable grounds.
(1) As soon as practicable after giving notice of a decision to register a brand or earmark, the Registrar must register the brand or earmark by entering in the appropriate register information relevant to the brand or earmark, including the following:
the design or description;
any applicable code;
requirements relating to its use;
the name and address of the person to whom it is registered;
the name and address of the property on which it will be used;
(f) any number allocated to the certificate issued to the registered owner.
(2) The information relating to a symbol brand registered on the application of the Chief Inspector must include details of the test or treatment to which the symbol brand relates.
(3) As soon as practicable after giving notice of a decision to register the transfer of a registered 3-letter brand, the Registrar must register the transfer by altering the register as appropriate.
(1) As soon as practicable after registering a brand or earmark, the Registrar must issue to the registered owner a certificate of registration for the brand or earmark.
(2) As soon as practicable after registering the transfer of a registered 3-letter brand, the Registrar must:
(a) cancel the existing certificate of registration for the 3-letter brand and each symbol brand and earmark connected to the 3-letter brand; and
(b) issue to the new registered owner a certificate of registration for the 3-letter brand and each symbol brand and earmark connected to the 3-letter brand.
(3) A certificate of registration for a brand or earmark must include the following information relevant to the brand or earmark:
the name and address of the registered owner;
the name and address of the registered property;
the design or description;
requirements relating to its use;
(e) in relation to a brand – the position on the livestock where it must be first applied.
The registered owner of a brand must, within 60 days after receiving the certificate of registration for the brand, give the
Registrar an impression of the brand:
made on linen, canvas, cardboard, leather or other material acceptable to the Registrar; and
consistent with the design or description of the brand in the certificate of registration.
Fault element: Strict liability offence.
Maximum penalty: 20 penalty units.
Subregulation (1) does not apply to a new registered owner mentioned in regulation 11(2).
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