reg 1Objectives

The objectives of these Regulations are—

(a)

to provide for the timing and manner of the notification of livestock diseases; and

(b)

to provide for the manner in which certain livestock are identified; and

(c)

to provide for the manner of certification of, and restrictions relating to, livestock, livestock products, fodder or fittings introduced into Victoria; and

(d)

to set out the standards and record keeping requirements relating to the testing for livestock diseases; and

(e)

to set out requirements for the prevention of livestock diseases; and

(f)

to provide for the recording or forwarding of information relating to the movement of identified livestock; and

(g)

to provide for matters relating to claims for compensation for losses incurred due to livestock disease; and

(h)

to provide for other matters required to be prescribed under the Livestock Disease Control Act 1994.

reg 2Authorising provision

These Regulations are made under section 139 of the Livestock Disease Control Act 1994.

reg 3Commencement

These Regulations come into operation on 1 July 2017.

reg 4Revocation

The Regulations listed in Schedule 1 are revoked.

reg 5Definitions

In these Regulations—

abattoir has the same meaning as it has in the Meat Industry Act 1993;

animal identifier means a number, code or other marker that has been applied to an animal or in respect of an animal for the purpose of identifying that animal;

Reg. 5 def. of ANZSDP amended by S.R. No. 5/2024 reg. 5(a).

ANZSDP means the Australian and New Zealand Standard diagnostic procedures for use in Australian veterinary laboratories, published by the Commonwealth Department of Agriculture, Fisheries and Forestry as published or amended from time to time;

Reg. 5 def. of apiary inserted by S.R. No. 42/2019 reg. 5(a).

apiary means a group of one or more hives assembled in one area or location for beekeeping;

approved NLIS device means a NLIS device approved by the Secretary under section 9A(1)(c) of the Act;

Reg. 5 def. of approved NLIS ear tag revoked by S.R. No. 5/2024 reg. 5(b).

* * * * *

Reg. 5 def. of arthropod bee disease inserted by S.R. No. 42/2019 reg. 5(a).

arthropod bee disease means—

(a)

Braula fly (Braula coeca);

(b)

Tropilaelaps mite (Tropilaelaps clareae and Tropilaelaps mercedesae);

(c)

Varroosis (Varroa destructor and Varroa jacobsoni);

Reg. 5 def. of ASDT amended by S.R. No. 5/2024 reg. 5(c).

ASDT means the Australian standard diagnostic techniques published by the Commonwealth Department of Agriculture, Fisheries and Forestry as published or amended from time to time;

Reg. 5 def. of AS ISO/IEC 17025-2005 revoked by S.R. No. 118/2018 reg. 5(1).

* * * * *

authorised officer means a person appointed under a law of another State or Territory of the Commonwealth corresponding with the Act to inspect livestock, livestock products, fodder or fittings;

bovine malignant tumour of the eye larger than 2 cm means a squamous cell carcinoma of the ocular, periocular, or both tissues of a size greater than 2 centimetres in any plane, including conditions commonly known as cancer eye or bovine malignant tumour of the eye;

Reg. 5 def. of chief veterinary officer amended by S.R. No. 5/2024 reg. 5(d).

chief veterinary officer means the chief veterinary officer of the Department;

Reg. 5 def. of commercial beekeeper inserted by S.R. No. 42/2019 reg. 5(a).

commercial beekeeper means a beekeeper who is the owner of 50 or more hives;

commercial flock of poultry means a group of more than 1000 chickens;

Reg. 5 def. of correspond-ing law amended by S.R. No. 5/2024 reg. 5(e).

corresponding law means—

(a)

for the purposes of these Regulations other than regulation 107(e), the following Acts—

* * * * *

(iii)

Biosecurity Act 2015 of New South Wales;

* * * * *

(v)

Livestock Act 1997 of South Australia;

(vi)

Biosecurity Act 2014 of Queensland;

(vii)

Animal (Brands and Movement) Act 1984 of Tasmania;

(viii)

Animal Health Act 1995 of Tasmania;

(viiia)

Biosecurity Act 2019 of Tasmania;

(ix)

Biosecurity and Agriculture Management Act 2007 of Western Australia;

(x)

Exotic Diseases of Animals Act 1993 of Western Australia;

(xi)

Livestock Act 2008 of the Northern Territory;

(xii)

Animal Diseases Act 2005 of the Australian Capital Territory;

(xiii)

Stock Act 2005 of the Australian Capital Territory;

(b)

for the purposes of regulation 107(e) the following Acts—

(i)

Australian Meat and Live-stock Industry Act 1997 of the Commonwealth;

(ii)

Meat Industry Act 1978 of New South Wales;

(iii)

Food Production (Safety) Act 2000 of Queensland;

(iv)

Primary Produce (Food Safety Schemes) Act 2004 of South Australia;

(v)

Western Australian Meat Industry Authority Act 1976 of Western Australia;

(vi)

Primary Produce Safety Act 2011 of Tasmania;

(vii)

Meat Industries Act 1996 of the Northern Territory;

emergency means an emergency that poses an imminent danger to livestock but does not include an outbreak of disease;

Reg. 5 def. of foundation inserted by S.R. No. 42/2019 reg. 5(a).

foundation means a sheet of plastic or beeswax impressed with a pattern of cell bases;

government apiary officer means a person appointed, under a law of another State or Territory of the Commonwealth corresponding with the Act, to inspect bees, bee products, fodder or beekeeping fittings;

knackery has the same meaning as it has in the Meat Industry Act 1993;

National Livestock Identification System means the system in Australia for identifying and tracking livestock for disease control, food safety and market access purposes;

Reg. 5 def. of Newcastle Disease Management Plan substituted by S.R. No. 5/2024 reg. 5(f).

Newcastle Disease Management Plan means the document "National Newcastle Disease Management Plan" published by the Australian Animal Health Council Ltd (ACN 071 890 956) as published or amended from time to time;

NLIS means the National Livestock Identification System;

Reg. 5 def. of NLIS device amended by S.R. Nos 118/2018 reg. 5(2), 5/2024 reg. 5(g).

NLIS device means a device for the permanent identification of livestock that—

(a)

contains a microchip, which records information that can be retrieved electronically; and

(b)

is capable of being permanently attached to or implanted in livestock; and

(c)

is made by a manufacturer under a licence granted by Integrity Systems Company Limited (ABN 34 134 745 038); and

(d)

in the case of a rumen bolus, is accompanied by an ear tag in the form of Part D of Schedule 3;

Reg. 5 def. of NLIS ear tag amended by S.R. No. 5/2024 reg. 5(h).

NLIS ear tag means an ear tag for the permanent identification of a sheep, a goat or a pig that—

(a)

records information that can be read visually; and

(b)

is capable of being permanently attached to a sheep, a goat or a pig; and

Reg. 5 def. of pollen inserted by S.R. No. 5/2024 reg. 5(i).

pollen means pollen collected by or from bees;

Reg. 5 def. of pooled honey sample inserted by S.R. No. 42/2019 reg. 5(a).

pooled honey sample means a sample of honey containing honey from at least 20 per cent of the total number of hives kept by a beekeeper chosen at random;

poultry means any of the following livestock reared in captivity—

(a)

a chicken;

(b)

a turkey;

(c)

a guinea fowl;

(d)

a duck;

(e)

a goose;

(f)

a quail;

(g)

a pigeon;

(h)

a pheasant;

(i)

a partridge;

(j)

an emu;

(k)

an ostrich;

registered beekeeper means a person registered as a beekeeper in accordance with Division 5 of Part 4 of the Act;

rumen bolus means a capsule that may be inserted into cattle which after application is intended to rest in the reticulum for the life of the animal and which contains an electronic transponder that can be read electronically;

Reg. 5 def. of sterilise inserted by S.R. No. 42/2019 reg. 5(a).

sterilise, in relation to a hive or beekeeping fittings, means—

(a)

subjecting the hive or beekeeping fittings to gamma irradiation at a minimum radiation dose of 15 kilogray; or

(b)

dipping the hive or beekeeping fittings for a minimum of 10 minutes in hot wax held at a minimum temperature of 150°C;

Reg. 5 def. of swarm catch box inserted by S.R. No. 42/2019 reg. 5(a).

swarm catch box means a box placed for the purpose of attracting and catching a swarm of bees;

the Act means the Livestock Disease Control Act 1994;

Reg. 5 def. of veterinary practitioner amended by S.R. No. 42/2019 reg. 5(b).

veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997;

Reg. 5 def. of weak hive inserted by S.R. No. 42/2019 reg. 5(a), amended by S.R. No. 95/2024 reg. 5(1).

weak hive means a hive containing a colony of bees that are unable to prevent robbing of the hive by robber bees;

Reg. 5 def. of working day inserted by S.R. No. 95/2024 reg. 5(2).

working day, in relation to a requirement to do any act or thing, means a day other than—

(a)

a Saturday or Sunday; or

(b)

a day appointed under the Public Holidays Act 1993 as a public holiday in the place in which the act or thing must be done.

reg 6Notification of diseases

(1)

For the purposes of section 7(3) of the Act, the following is the prescribed time—

(a)

for a disease listed in Part A of Schedule 2, without delay;

(b)

for a disease listed in Part B of Schedule 2, within 12 hours;

(c)

for a disease listed in Part C of Schedule 2, within 7 days;

(d)

for any disease not listed in Schedule 2 (other than an exotic disease), within 12 hours.

(2)

For the purposes of section 7(3) of the Act, the following is the prescribed manner—

Reg. 6(2)(a) amended by S.R. No. 118/2018 reg. 6(1).

(a)

in the case of a notice provided in accordance with subregulation (1)(a), that the notice is provided by the fastest means of communication available at the time;

(b)

for any notice provided in accordance with subregulation (1)(a), (b), (c) or (d) that it contains information in respect of—

Reg. 6(2)(b)(i) substituted by S.R. No. 118/2018 reg. 6(2).

(i)

the species of livestock, or the type of livestock product and the species from which it was derived; and

(ii)

the property identification code identifying the property at which the livestock is kept (if known); and

Reg. 6(2)(b)(iii) amended by S.R. No. 118/2018 reg. 6(3).

(iii)

the disease known or suspected to be present; and

(iv)

the number and type of livestock on the property; and

(v)

the species and number of live animals that are affected and the species and number of live animals that are not affected; and

(vi)

the number of dead animals; and

(vii)

a description of the signs of the disease; and

(viii)

whether or not a veterinary practitioner has been consulted for the purposes of determining if the livestock, livestock product or hive is infected with any disease; and

(ix)

any veterinary practitioner who has been consulted in accordance with paragraph (viii), and the name and contact details of the veterinary practitioner; and

(x)

the address or description of the location at which the livestock, livestock product or hives were observed; and

(xi)

the date of onset of signs of the disease; and

Reg. 6(2)(b)(xii) amended by S.R. No. 118/2018 reg. 6(3).

(xii)

the age of any livestock known or suspected to be affected by the disease; and

(xiii)

whether or not any specimens have been submitted to a laboratory for the purpose of determining if the livestock, livestock product or hive is infected with any disease; and

(xiv)

the name and address of the laboratory to which any specimen has been sent; and

(xv)

the name and address of the owner of the affected livestock, livestock product or hive (if known); and

(xvi)

the name, address and telephone number of the person providing the notice; and

(xvii)

the date of the notice.

Reg. 6(3) inserted by S.R. No. 118/2018 reg. 6(4), substituted by S.R. No. 5/2024 reg. 6.

(3)

A person who has notified an inspector about a known or suspected disease under section 7(1) of the Act must retain any documents evidencing the disease notification for a period of 7 years from when the person gave the required notification.

Penalty: 10 penalty units.

Reg. 6(4) inserted by S.R. No. 5/2024 reg. 6.

(4)

A person who is required to notify an inspector about a known or suspected disease under section 7(1) of the Act must retain any documents giving rise to the knowledge or suspicion of the disease for a period of 7 years after the person was required to give the notification.

Penalty: 10 penalty units.

reg 7Notification of unusual circumstances of disease or death in livestock

For the purposes of section 7B of the Act, the following is the prescribed manner—

(a)

that the notification is in writing;

(b)

that the notification contains information in respect of—

(i)

the species of the livestock or the species of livestock from which the livestock product was derived; and

(ii)

the property identification code identifying the property at which the livestock is kept (if known); and

(iii)

the disease suspected to be present; and

(iv)

the species and number of live animals that are affected and the species and number of live animals that are not affected; and

(v)

the number of dead animals; and

(vi)

a description of the signs of the disease; and

(vii)

the date of onset of signs of the disease; and

(viii)

the age of any livestock suspected to be affected by the disease; and

(ix)

whether or not a veterinary practitioner has been consulted for the purposes of determining whether the livestock, livestock product or hive is infected with any disease; and

(x)

any veterinary practitioner who has been consulted in accordance with paragraph (ix), and the name and contact details of the veterinary practitioner; and

(xi)

the address or description of the location at the which the livestock, livestock product or hives were observed; and

(xii)

whether or not any specimens have been submitted to a laboratory for the purpose of determining if the livestock, livestock product or hive is infected with any disease; and

(xiii)

the name and address of the laboratory to which any specimen has been sent; and

(xiv)

the name and address of the owner of the affected livestock, livestock product or hive (if known); and

(xv)

the name, address and telephone number of the person providing the notice; and

(xvi)

the date of the notification.

Pt 3 (Heading) amended by S.R. No. 1/2020 reg. 5.

reg 8Prescribed particulars to be included in vendor declaration by first owner

For the purposes of section 8A(2)(c)(vii) of the Act, the prescribed particulars are—

(a)

in the case of cattle, pigs, sheep and goats—

(i)

the name of the owner of the livestock or the trading name of the owner of the livestock; and

(ii)

the physical address of the place from which the livestock are being moved; and

(iii)

the unique serial number on the form approved by the Secretary under section 8A(2)(b) of the Act; and

(iv)

the property identification code of the property of destination or, if not known, the name of the owner of the property of destination and the address; and

Reg. 8(a)(v) inserted by S.R. No. 118/2018 reg. 7(1).

(v)

whether the livestock have been bred by the owner making the declaration and if not, the period of time the livestock were kept on the property from which they are to be moved; and

Reg. 8(b) substituted by S.R. No. 118/2018 reg. 7(2).

(b)

in the case of pigs, sheep and goats, in addition to the matters referred to in paragraph (a), the number and description of the pigs, sheep or goats being moved; and

Reg. 8(c) amended by S.R. No. 118/2018 reg. 7(3).

(c)

in the case of pigs that are branded or tattooed, in addition to the matters referred to in paragraph (a) and (b), the tattoo or brand number; and

Reg. 8(d) inserted by S.R. No. 118/2018 reg. 7(4), substituted by S.R. No. 5/2024 reg. 7.

(d)

in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), in addition to the matters referred to in paragraphs (a) and (b), the property identification codes on the NLIS ear tags.

reg 9Prescribed period for which vendor declaration to be kept when ownership does not change

For the purposes of section 8A(4) of the Act, the prescribed period is—

(a)

in the case of cattle, 7 years; or

(b)

in the case of pigs, 2 years; or

(c)

in the case of sheep, 7 years; or

(d)

in the case of goats, 7 years; or

(e)

in the case of a vendor declaration kept by the NLIS, the period between the date the relevant livestock are moved and the giving of a vendor declaration to the NLIS.

Reg. 10 (Heading) amended by S.R. No. 1/2020 reg. 6.

reg 10Prescribed period within which livestock agent to give vendor declaration or livestock agent declaration to new owner

For the purposes of section 8A(6) of the Act, the prescribed period is—

(a)

in the case of cattle—

(i)

if the cattle are being moved from a saleyard to an abattoir whichever is the sooner of midnight on the day of sale or before the cattle are slaughtered at the abattoir; or

(ii)

in any other case, within 2 working days; and

(b)

in the case of pigs, by the time of delivery to the new owner; and

(c)

in the case of sheep or goats—

(i)

that are being moved from a saleyard to an abattoir, whichever is the sooner of midnight on the day of sale or before the sheep or goats are slaughtered at the abattoir; or

(ii)

in any other case, within 2 working days.

Reg. 11 substituted by S.R. No. 118/2018 reg. 8, revoked by S.R. No. 1/2020 reg. 7.

* * * * *

Reg. 12 substituted by S.R. No. 1/2020 reg. 8.

reg 12Prescribed period for owner of livestock or livestock agent to keep a vendor declaration or livestock agent declaration given to a new owner

For the purposes of section 8A(7) of the Act, the prescribed period is—

(a)

in the case of pigs, 2 years; and

(b)

in the case of sheep or goats—

(i)

if a copy of the vendor declaration or livestock agent declaration is kept by the NLIS, the period between the date the vendor declaration or livestock agent declaration was given to the new owner and the giving of the copy to the NLIS; or

(ii)

in any other case—

(A)

if the vendor declaration is given by an owner of livestock under section 8A(3) of the Act, 7 years; or

(B)

if the vendor declaration or livestock agent declaration is given by a livestock agent under section 8A(6) of the Act, 2 years; and

(c)

in the case of cattle—

(i)

if the vendor declaration is given by an owner of livestock under section 8A(3) of the Act, 7 years; or

(ii)

if the vendor declaration or livestock agent declaration is given by a livestock agent under section 8A(6) of the Act, 2 years.

Reg. 13 substituted by S.R. No. 1/2020 reg. 9.

reg 13Prescribed period for person to keep vendor declaration or livestock agent declaration

For the purposes of section 8A(8) of the Act, the prescribed period is—

(a)

in the case of pigs, 2 years; and

(b)

in the case of cattle, sheep or goats—

(i)

for a new owner, 7 years; or

(ii)

for any other person, 2 years.

Livestock Disease Control Regulations 2017

About this Act