Brands Act 1915

This Act may be cited as the Brands Act 1915.

The dictionary in the schedule defines particular words used in this Act.

The chief executive may appoint a registrar of brands and deputy registrar of brands.

Every police officer shall, without any appointment whatsoever under this Act, be and be deemed to be ex officio an inspector duly appointed under this Act.

Any person who desires to become the owner of a registered brand or earmark of whatever kind under this Act shall deliver or transmit to the registrar an application therefor in the approved form, accompanied by the prescribed fee.

The registrar, if satisfied that an application for a horse and cattle brand or cattle earmark is in conformity with this Act, shall allot to the applicant a horse and cattle brand or cattle earmark, as the case may be and shall register such brand or, as the case may be, earmark in the name of the applicant.

However, if, in the opinion of the registrar, any horse and cattle brand or cattle earmark applied for is similar to or easily convertible into any other horse and cattle brand or, as the case may be, cattle earmark registered in the name of a person who uses or is likely to use it in the same locality as the brand or earmark applied for is likely to be used the registrar shall make such modification in the brand or earmark applied for as renders it dissimilar to such other brand or earmark or, as the case may require, less easily convertible into such other brand or earmark.

A horse and cattle brand other than a symbol brand shall consist of letters, numerals, signs or characters or any combination thereof.

The shape, pattern and arrangement of the letters, numerals, signs or characters comprising a horse and cattle brand shall be as the Minister, subject to this Act, determines.

The registrar, if satisfied that an application made by the owner of a horse and cattle brand (other than a symbol brand) for a symbol brand is in conformity with this Act, shall allot to the applicant a symbol brand and shall register the same in conjunction with such horse and cattle brand.

Such a symbol brand may be imprinted upon an animal in accordance with this Act either instead of or in addition to such horse and cattle brand.

A symbol brand shall not be registered nor shall any person use such a brand unless it includes a dot to the right of and on the line with the lower part of the symbol brand.

Such a dot upon any horse, camel or head of cattle shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the symbol brand of which it forms a part was, at the time of the imprinting of such brand, registered in Queensland.

A letter, numeral, sign or character included in a horse and cattle brand (other than a symbol brand) shall have a face depth of not less than 30mm nor more than 65mm.

The face depth of any letter, numeral, sign or character which, when properly imprinted upon an animal would be in a position other than vertical, shall be measured with such letter, numeral, sign or, as the case may be, character in the vertical position.

A symbol brand shall have a face depth of not less than 30mm nor more than 80mm.

The registrar shall register a cattle earmark only in conjunction with a horse and cattle brand and for use only within the district in which the applicant therefor indicates it is proposed to use such earmark.

A person shall not use a cattle earmark except—

upon cattle and in conjunction with the horse and cattle brand in conjunction with which such earmark is, for the time being, registered; and

in the district for use within which such earmark is, for the time being, registered.

Every registered cattle earmark shall consist of 1 or more cuts on either or both of the ears of cattle, and shall be arranged and placed in such positions as may be prescribed, and shall be made with pliers.

However, the cut or cuts when made on the ear shall not remove more than one-third of the ear.

The registrar may allot to any applicant for or owner of a horse and cattle brand and register in his or her name in conjunction with such brand more cattle earmarks than 1 for use in conjunction with such brand.

However—

notwithstanding the provisions of section 6(1) and (2), the registrar shall not allot a second or third cattle earmark for use in conjunction with one and the same horse and cattle brand in one and the same district unless the registrar is satisfied that such allotment is justified; and

a person shall not be allotted more than 3 cattle earmarks for use in conjunction with one and the same horse and cattle brand in one and the same district.

When any head of cattle has been earmarked, whether with a registered earmark or otherwise, it must not again be earmarked with a registered earmark.

A person shall not make upon an ear of any head of cattle a mark or cut except a registered cattle earmark.

However, this provision shall not be construed to prohibit the making of—

a spay mark upon the near ear of a cow or heifer which has been spayed; or

a tattoo within either ear of any head of cattle; or

a mark or cut upon either ear of any head of cattle necessary for the insertion in or the affixing to that ear of a tag; or

a mark or cut wholly within the off ear of any head of cattle such mark or cut being of such a shape and size and made for such a purpose as the Minister approves; or

a registered cattle earmark upon the ear of a head of cattle previously marked in accordance with paragraph (a) or (d); or

a mark or cut on a head of cattle authorised under another Act.

The registrar shall—

as soon as possible after 31 December in every fourth year, cause to be compiled and published a brands directory containing all the horse and cattle brands and cattle earmarks registered up to that date;

from time to time as the registrar thinks desirable cause to be published a statement indicating all transfers, alterations, additions and removals made in the brands directory during the period indicated in the statement and certified by the registrar to a date indicated in that statement;

and as soon as possible after publication shall cause copies of the directory or, as the case may be, statement to be transmitted to such keepers of public pounds, inspectors and clerks of the court in the State as the Minister approves.

Subject to section 9(3), a person may only imprint a brand on a horse or camel in the following positions—

quarter;

shoulder;

thigh.

Subject to section 9(3), a person may only imprint a brand on a head of cattle in the following positions—

neck;

rump;

shoulder;

thigh;

twist.

Subject to subsection (4)(a)(i), a person may imprint a brand on an animal at any angle.

If a person imprints a brand in the same position as an existing brand, the person must—

imprint the brand—

at the same angle as the existing brand; and

exactly beneath the existing brand; and

ensure the topmost extremity of the brand is at least 35mm, and not more than 65mm, beneath the lowest extremity of the existing brand.

Every branded horse, camel and head of cattle shall be deemed to have been last branded with the brand which appears to be the brand last imprinted thereon in accordance with the provisions of this section.

A person shall so imprint the letters, numerals, signs and characters comprising a horse and cattle brand that—

they appear on the animal concerned consistent with the design of such brand;

the lateral extremity of one such letter, numeral, sign or character as it appears on the animal concerned is no more than 25mm from the nearest lateral extremity of the contiguous such letter, numeral, sign or character.

Design of certain branding instrumentsA person shall not use a branding instrument bearing a letter, numeral, sign or character which, consistently with the design of the horse and cattle brand or pig brand concerned is to be imprinted in a position other than the vertical unless such instrument also bears another letter, numeral, sign or character included in the horse and cattle brand or pig brand concerned.

Notwithstanding any other provision of this Act the person imprinting the first registered brand upon any horse, pig or head of cattle may, in addition, imprint upon such animal in accordance with the provisions of this section any numeral or numerals to denote the age of such animal or as a reference to a stud or herd book which contains a description of such animal or the particulars of its breeding.

A person may only imprint a numeral or numerals—

for a horse or head of cattle—in a position stated for the brand under section 7; or

for a pig—in a position stated for the brand under section 11A(5).

A person who imprints a numeral or numerals in the same position as an existing brand must—

imprint the numeral or numerals—

at the same angle as the existing brand; and

exactly beneath the existing brand; and

ensure the topmost extremity of the numeral or numerals is at least 35mm, and not more than 65mm, beneath the lowest extremity of the existing brand.

A numeral imprinted pursuant to this section shall have a face depth of not less than 30mm nor more than 65mm.

Subsections (2A)(b) and (3) do not apply to pigs.

In this section—existing brand on an animal means—

the registered brand imprinted on the animal; or

a numeral imprinted exactly beneath the registered brand imprinted on the animal.

The registrar, if satisfied that an application for a distinctive brand is in conformity with this Act, shall allot to the applicant a distinctive brand and shall register such brand in the name of the applicant in conjunction with a horse and cattle brand for use in conjunction with such brand.

The registrar shall not allot a distinctive brand to a person who is not the registered owner of a horse and cattle brand.

A person shall not use a distinctive brand except in conjunction with the horse and cattle brand in conjunction with which it is registered.

Where the registered person to whom a distinctive brand has been allotted transfers the horse and cattle brand allotted to the person to another person the registrar shall cancel the registration of the distinctive brand so allotted.

A distinctive brand shall be of such a character, design, shape and size as the Minister, subject to this Act, determines.

A person imprinting a distinctive brand upon any horse, camel or head of cattle shall imprint the same upon the twist of the animal concerned.