Biosecurity (Livestock Traceability) Regulations 2024

Biosecurity (Livestock Traceability) Regulations 2024

2 December 2024

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Biosecurity Act 2019.

These regulations may be cited as the Biosecurity (Livestock Traceability) Regulations 2024.

These regulations take effect on the day on which their making is notified in the Gazette.

In these regulations, unless the contrary intention appears –

Act means the Biosecurity Act 2019;

approved means approved in writing by the Secretary;

attached includes implanted, inserted, administered or applied;

breeder device means a livestock identifier containing the property identification code of the premises on which the identifiable livestock that is to carry the identifier was born;

cattle means – members of the genus Bos; and American bison or buffalo (Bison bison); and domestic water buffalo (Bubalus bubalis);

Chief Inspector has the same meaning as in the Primary Produce Safety Act 2011;

driver includes a person who is – the driver of a vehicle being used to transport identifiable livestock; and the pilot of an aircraft being used to transport identifiable livestock; and the master of a vessel being used to transport identifiable livestock;

identifiable livestock means – cattle, pigs, goats and sheep; and any livestock declared by the Minister to be identifiable livestock in accordance with regulation 12;

livestock includes any bovid animal, camelid animal, equine animal, porcine animal or poultry;

livestock agent means a person who is engaged by the owner of identifiable livestock to deal with identifiable livestock on behalf of, or as the agent of, that owner but does not include a person who is an employee of that owner;

livestock depot means all, or any part of, any premises, assembly point, transit centre or any other place used for the purposes of holding and aggregating identifiable livestock before the identifiable livestock are transported, supplied or slaughtered;

livestock event means an event, exhibition, competition, agricultural show or rodeo that involves identifiable livestock being held in captivity;

livestock event premises means any premises on which a livestock event is held;

livestock farm includes all, or any part of, any premises where identifiable livestock are farmed or kept overnight, but does not include livestock processing premises, livestock supply premises, saleyards, livestock depots or livestock event premises;

livestock identifier means – a tag, label, tattoo, mark, implant or other thing attached to identifiable livestock for the purpose of identifying the identifiable livestock; and a permanent identifier;

livestock processing operation means – a meat processing business within the meaning of the Primary Produce Safety (Meat and Poultry) Regulations 2014; and a pet food business within the meaning of the Primary Produce Safety (Pet Food) Regulations 2014; and a knackery or other similar business where identifiable livestock are slaughtered for a purpose other than meat processing or pet food production;

livestock processing premises means premises on which a livestock processing operation is carried out;

livestock producer means the occupier of a livestock farm;

livestock supply operation means a business, enterprise or activity that supplies identifiable livestock (online or otherwise), that is not a livestock producer, livestock processing operation, livestock saleyard, livestock depot or livestock event;

livestock supply premises means any premises on which a livestock supply operation is carried out;

meat processing has the same meaning as in the Primary Produce Safety Act 2011;

national vendor declaration means – a national vendor declaration that is in force and is approved by the NLIS administrator; or in relation to pigs, a PigPass;

NLIS means the National Livestock Identification System, which is an Australian system for identifying and tracing livestock for the purposes of disease control, food safety and market access;

NLIS administrator means the – Integrity Systems Company Limited (ACN 134 745 038); or any other entity approved by the Secretary under regulation 42;

NLIS Register means the register established and maintained by the NLIS administrator under regulation 41;

old legislative scheme has the same meaning as in Part 2 of the Biosecurity (Consequential and Transitional Provisions) Act 2020;

operator, in relation to a business, enterprise or activity carried out on premises for the purposes of these regulations, includes any person – who is the Proprietor; and who is operating, managing or is otherwise apparently in charge of the business, enterprise or activity; and who is engaged by the Proprietor referred to in paragraph (a) as an agent of that Proprietor; and who is an employee of the Proprietor referred to in paragraph (a);

owner, in relation to identifiable livestock includes a livestock agent, a person who is acting on behalf of the owner of the identifiable livestock, an employee of the owner of the identifiable livestock and any other person in charge of the identifiable livestock on behalf of the owner of the identifiable livestock;

permanent identifier means a breeder device or post-breeder device, that is fully or conditionally accredited by the NLIS administrator – as a permanent identifier for a particular species or class of livestock; and in the case of pigs, as a permanent tattoo identifier for pigs;

pet food production has the same meaning as in the Primary Produce Safety Act 2011;

PigPass means a PigPass declaration approved and published by Australian Pork Limited (ABN 83 092 783 278), as amended or substituted from time to time;

PigPass administrator means Australian Pork Limited (ABN 83 092 783 278);

PigPass database means the PigPass database maintained by Australian Pork Limited (ABN 83 092 783 278);

post-breeder device means a livestock identifier containing the property identification code of the premises on which identifiable livestock that are to carry the identifier are being farmed or kept but have not been born;

previous premises, in relation to identifiable livestock, means the last premises, that have a property identification code, at which the identifiable livestock were held;

property identification code means – in the case of premises in Tasmania, the unique property identification code in force and assigned to the premises under regulation 8(1) or under the old legislative scheme; and in the case of premises outside of Tasmania, the in-force code applicable to the premises under a corresponding law;

Proprietor, in relation to a business, enterprise or activity carried out on premises for the purposes of these regulations, means a person who is the owner of, or the entity carrying on, the day-to-day operation of the business, enterprise or activity;

relevant identification particulars means – in relation to cattle, all property identification codes and permanent identifiers applicable to the cattle, including any characters that specifically identify an individual animal; and in relation to pigs, sheep or goats, all property identification codes and permanent identifiers applicable to the pigs, sheep or goats;

saleyard means premises on which identifiable livestock are held and presented for sale by public auction;

Tasmanian Livestock Register means the Tasmanian Livestock Register established and maintained under regulation 40;

transport, in relation to identifiable livestock, includes the movement of the identifiable livestock.

In this Part –

relevant person means an operator who is required to have a property identification code assigned to premises for the purposes of complying with regulation 5 or 6.

Subject to subregulation (2), the operator of premises must not hold identifiable livestock in captivity on the premises unless the premises has been assigned a property identification code. In the case of – a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

Subregulation (1) does not apply to the operator of – veterinary practice premises, unless any identifiable livestock are held in captivity overnight on that premises; or veterinary laboratory premises, provided identifiable livestock are only held in captivity on the premises to be euthanised.

The operator of each of the following businesses, enterprises or activities carried out on premises must not carry out the business, enterprise or activity on the premises unless those premises has been assigned a property identification code:

livestock event premises;

livestock depot;

livestock farm;

livestock processing premises;

livestock supply premises;

saleyard.

In the case of – a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

A relevant person may apply to the Secretary for a property identification code to be assigned to premises.

An application under subregulation (1) is to be – in an approved form; and include, or be accompanied by, such information, documents or evidence as the Secretary may require; and accompanied by an application fee of 40 fee units.

The Secretary may assign a unique property identification code to premises – after consideration of an application under regulation 7; or if the Secretary considers it necessary or desirable to do so, on the Secretary’s own initiative.

If the Secretary assigns a property identification code to premises under subregulation (1)(a), the Secretary is to give written notice to the relevant person who made the application under regulation 7 – containing details of the property identification code assigned to the premises; and specifying the period for which the property identification code is in force; and containing any other information that the Secretary considers appropriate.

If the Secretary assigns a property identification code to premises under subregulation (1)(a), the relevant person who made the application under regulation 7 must give written notice to the Secretary – containing details of any change in the information provided in the application under regulation 7; and within 14 days after the day on which the relevant person becomes aware of the changes. In the case of – a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

If the Secretary assigns a property identification code to premises under subregulation (1)(b), the Secretary is to give written notice to the operator of the premises – containing details of the property identification code assigned to the premises; and specifying the period for which the property identification code is in force; and containing any other information that the Secretary considers appropriate.

A relevant person may apply to the Secretary for a property identification code assigned to premises under regulation 8(1)(a) to be – renewed; or amended.

An application under subregulation (1), is to be – in an approved form; and include, or be accompanied by, such information, documents or evidence as the Secretary may require; and accompanied by an application fee of 20 fee units.

The Secretary may renew or amend the property identification code that has been assigned to premises – after consideration of an application under subregulation (1); or if the Secretary considers it necessary or desirable to do so, on the Secretary’s own initiative.

If the Secretary renews or amends an assigned property identification code under subregulation (3)(a), the Secretary is to give written notice to the relevant person who made the application under subregulation (1) – containing details of the renewed or amended property identification code assigned to the premises; and specifying the period for which the renewed or amended property identification code is in force; and containing any other information that the Secretary considers appropriate.

If the Secretary renews or amends an assigned property identification code under subregulation (3)(a), the relevant person who made the application under subregulation (1) must give written notice to the Secretary – containing details of any change in the information provided in the application under subregulation (1); and within 14 days after the day on which the relevant person becomes aware of the changes. In the case of – a body corporate, a fine not exceeding 20 penalty units; or an individual, a fine not exceeding 10 penalty units.

If the Secretary renews or amends an assigned property identification code under subregulation (3)(b), the Secretary is to give written notice to the operator of the premises – containing details of the renewed or amended property identification code assigned to the premises; and specifying the term in respect of which the renewed or amended property identification code is in force; and containing any other information that the Secretary considers appropriate.

A property identification code assigned to premises, or renewed or amended, under this Part remains in force for a period, not exceeding 3 years, that is determined by the Secretary and is specified in a notice, given under this Part, by which the code is so assigned, renewed or amended, unless sooner cancelled under regulation 11.

The Secretary may cancel a property identification code assigned to premises, or renewed or amended, under this Part by written notice to the relevant person, or the operator of premises to whom a notice is given, under this Part, by which the code was so assigned, renewed or amended.

A notice under subregulation (1), is to specify – the grounds for the cancellation; and the date or time on or at which the cancellation takes effect.

If the Secretary cancels the assignment of a property identification code under subregulation (1), the unique number that was assigned to the premises is invalid and the number may only be reassigned to those premises if the Secretary considers it appropriate in the circumstances to do so.