1Purpose
The purpose of this Act is to regulate livestock management in Victoria.
Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
Bill homepage (legislation.vic.gov.au)The purpose of this Act is to regulate livestock management in Victoria.
Subject to subsection (2), this Act comes into operation on a day to be proclaimed.
If this Act does not come into operation before 1 January 2011, it comes into operation on that day.
In this Act—
accredited livestock operator means a livestock operator that has been accredited by a controlling authority to carry out livestock management under an approved compliance arrangement;
approved compliance arrangement means a compliance arrangement in respect of which—
the Minister has granted an approval under section 11; and
the Minister has sent a letter of approval under section 15; and
the terms of the letter of approval have been accepted by the controlling authority under section 15(3);
S. 3 def. of biosecurity impact inserted by No. 12/2022 s. 4(1).
biosecurity impact means an adverse effect on the economy, the environment or the community that arises, or has the potential to arise from, biosecurity matter or a carrier, being an adverse effect that is related to any of the following—
the introduction, presence, spread or increase of a disease or disease agent into or within the State or any part of the State;
the introduction, presence, spread or increase of a pest into or within the State or any part of the State;
stock food or fertilisers;
livestock or livestock products becoming chemically affected;
any thing declared by the regulations to be a biosecurity impact;
S. 3 def. of biosecurity management plan inserted by No. 12/2022 s. 4(1).
biosecurity management plan means a document—
that contains measures to identify, prevent, eliminate or minimise the biosecurity impacts relating to livestock activities; and
that includes any matters that are prescribed to be mandatory;
S. 3 def. of biosecurity matter inserted by No. 12/2022 s. 4(1).
biosecurity matter means the following—
livestock;
a part of livestock;
a livestock product;
a livestock disease;
a prion;
a contaminant;
a disease agent that can cause disease in livestock or that can cause disease in a human via transmission from livestock to a human;
any thing declared by the regulations to be biosecurity matter;
S. 3 def. of carrier inserted by No. 12/2022 s. 4(1).
carrier means any thing (whether alive, dead or inanimate, including a human) that has, or is capable of having, any biosecurity matter on it, attached to it or contained in it;
S. 3 def. of chemically affected inserted by No. 12/2022 s. 4(1).
chemically affected, in relation to livestock or a livestock product, means that the livestock or livestock product contains a contaminant and as a result is or is likely—
to become unfit for sale or export for human consumption; or
to pose a danger to human health or to the environment; or
to be detrimental to export or other trade;
compliance arrangement means—
a quality assurance program; or
an inspection and certification arrangement;
controlling authority means a person or statutory body that is responsible for a compliance arrangement;
S. 3 def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 27), 1/2024 s. 90(a).
Department means the Department of Energy, Environment and Climate Action;
emergency, in relation to livestock management, means an event or situation that threatens animal welfare, human health or biosecurity;
inspection and certification arrangement means an arrangement that—
provides for inspection and certification; and
is prescribed, or of a class prescribed, or meets the criteria prescribed, by the regulations for the purposes of this Act;
S. 3 def. of inspector amended by Nos 12/2022 s. 4(2)(3), 1/2024 s. 90(b).
inspector means—
a person appointed as an inspector under section 27; or
an inspector within the meaning of the Livestock Disease Control Act 1994;
* * * * *
livestock means—
any animal kept for the purposes of primary production, including cattle, sheep, pigs, poultry, ratites, buffalo, camels, alpacas, goats and deer; or
horses, including where used for recreation; or
any animals prescribed as livestock;
livestock management activity means any activity that relates to the health, husbandry or biosecurity of livestock during any stage of the livestock's life, from birth to slaughter, including the transport and holding of livestock;
livestock management standard means—
a standard published under section 9; or
any other published standard relating to the management of livestock;
livestock operator means—
a person operating a business that engages in a regulated livestock management activity; or
a person in charge of livestock;
S. 3 def. of livestock product inserted by No. 12/2022 s. 4(1).
livestock product has the same meaning as in the Livestock Disease Control Act 1994;
notice of suspension means a notice issued under section 21 or section 49;
notice to comply means a notice issued under section 46;
officer—
in relation to a body corporate which is a corporation within the meaning of the Corporations Act, has the same meaning as officer of a corporation has in section 9 of that Act; and
in relation to a body corporate which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate or is an employee of the body corporate;
person includes a partnership and an unincorporated body;
person in charge, in relation to livestock, means—
a person who has the livestock in the person's possession or custody or under the person's care, control or supervision; or
if a person referred to in paragraph (a) is required to comply with a direction of an owner of livestock, or an employee or agent of the owner, the owner, employee or agent;
place includes premises or a vehicle;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 98.1), repealed by No. 1/2024 s. 90(c).
* * * * *
S. 3 def. of prescribed biosecurity measure inserted by No. 12/2022 s. 4(1).
prescribed biosecurity measure means a measure prescribed by the regulations;
prescribed livestock management standard means a livestock management standard prescribed by the regulations;
regulated livestock management activity means any livestock management activity to which a prescribed livestock management standard relates;
Secretary means the Secretary to the Department;
systematic risk assessment means a risk assessment conducted under section 7.
Subject to this section, nothing in this Act affects the operation of the following Acts, or anything done or required to be done under those Acts—
the Food Act 1984;
the Prevention of Cruelty to Animals Act 1986;
the Meat Industry Act 1993;
the Impounding of Livestock Act 1994;
the Livestock Disease Control Act 1994;
the Catchment and Land Protection Act 1994;
the Fisheries Act 1995;
S. 4(1)(h) amended by No. 16/2026 s. 268.
the Dairy and Food Innovation Act 2000—
(the listed Acts).
Where there is a conflict between the requirements of a prescribed livestock management standard and any requirement, prescribed standard or applicable code under a listed Act, compliance with the requirement, prescribed standard or applicable code will be taken to be compliance with the prescribed livestock management standard.
S. 4(2A) inserted by No. 12/2022 s. 5.
Compliance with a biosecurity management plan or a prescribed biosecurity measure will be taken to be compliance with any of the following in the event of inconsistency—
a less stringent requirement under a listed Act;
a less stringent prescribed standard under a listed Act;
a less stringent applicable code under a listed Act.
For the purposes of the Prevention of Cruelty to Animals Act 1986, it is a defence to an offence under that Act if the person was carrying out a regulated livestock management activity and acting in compliance with a prescribed livestock management standard.
This Act binds the Crown in right of the State of Victoria and, to the extent that the legislative power of Parliament permits, the Crown in all its other capacities.
Part 2—Duties concerning livestock management
A livestock operator must comply with all applicable prescribed livestock management standards when engaging in a regulated livestock management activity.
A livestock operator who carries out a regulated livestock management activity must carry out a systematic risk assessment of the livestock management activity.
The systematic risk assessment must be carried out by the livestock operator within 6 months after the later of the following to occur—
the prescribed livestock management standard that applies to the regulated livestock management activity is prescribed; or
the livestock operator commences to carry out the regulated livestock management activity.
A systematic risk assessment of a regulated livestock management activity must contain the following—
an assessment of the likely risks to animal welfare and biosecurity arising from the regulated livestock management activity; and
details of control measures to ensure that—
the prescribed livestock management standard is and will be complied with; and
the risks identified under paragraph (a) are minimised.
The Minister may declare, by notice published in the Government Gazette, an intention to prescribe a livestock management standard.
If the Minister publishes notice of a declaration under subsection (1), the notice must contain a copy of the livestock management standard that is the subject of the declaration.
Part 3—Compliance arrangements
Subject to this Act, a livestock operator who carries out a regulated livestock management activity under an approved compliance arrangement is not required to comply with—
section 7 or 8; or
any provision under the regulations that creates an offence for failing to comply with a prescribed livestock management standard.
The Minister, on the Minister's own initiative or on the application of a controlling authority, may approve a compliance arrangement in respect of a regulated livestock management activity.
Notice of an approval under subsection (1) must be published in the Government Gazette.
A controlling authority may apply to the Minister for approval of a compliance arrangement in respect of a regulated livestock management activity.
An application under subsection (1) must be in the approved form.
The controlling authority must provide to the Minister any further information about the compliance arrangement that the Minister requests.
Showing the first 12 of 69 provisions. See all provisions