Prohibitions on feeding or supplying prohibited feed for pigs and poultry
46A Prohibitions on feeding or supplying prohibited feed for pigs and poultry
A person must not feed prohibited feed for pigs and poultry to a pig or poultry.Maximum penalty—400 penalty units.
A person who deals with a pig or poultry must take all reasonable steps to ensure the pig or poultry does not feed on prohibited feed for pigs and poultry.Maximum penalty—400 penalty units.
A person (the relevant person) must not supply prohibited feed for pigs and poultry to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a pig or poultry.Maximum penalty—400 penalty units.
A person to whom subsection (1), (2) or (3) applies does not commit an offence against the subsection if—
the person has a reasonable excuse; or
both of the following apply—
a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);
the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence.
A person who feeds prohibited feed for pigs and poultry to a pig or poultry does not commit an offence against subsection (1), (2) or (3) if—
the person—
is, under section 46B, permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and
feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or
the feeding is authorised under another Act or a law of the Commonwealth.
Note—For the effect of a biosecurity emergency order, see section 115.
A person who feeds prohibited feed for pigs and poultry to a pig for the purpose of disease control or pest control does not commit an offence against subsection (1), (2) or (3) if—
all of the following apply—
the feeding is done by or carried out under the written direction of a veterinary surgeon;
the material is derived from a pig;
the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or
the person uses the material—
in a poisoned bait for killing a feral pig; or
as a preliminary to baiting a feral pig to kill it, and the material is not poisoned.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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