(1) The and the Stock Diseases (Tick) Act 1901 are hereby repealed. Stock Diseases (Tick) Amendment Act 1915 (2) All persons appointed under the provisions of the said Acts and holding office at the commencement of this Act shall be deemed to have been appointed under the provisions of this Act.
(1) In this Act, unless the context otherwise requires: Abattoir means any premises used for the slaughter of stock or for the processing of carcasses of stock.Artificial breeding equipment means any plant, machinery, equipment, apparatus, utensil, additive, extender, diluent, material or other thing used or intended to be used for or in connection with an artificial breeding procedure.Artificial breeding material means semen, ova and embryos of any stock.Artificial breeding procedure means each of the procedures of collecting, processing, handling, storing and distributing artificial breeding material and includes artificial insemination and ovum transfer.Carcass includes any portion of a carcass, and the hide, skin, hair, wool or viscera of any stock.Department means the Department of Primary Industries.Director-General means the Director-General of the Department.Disease means:
(a) in stock—any disease, parasite or pest declared under section 4 (a) to be a disease in stock for the purposes of provisions of this Act, and (b) in artificial breeding material—any disease, condition or characteristic declared under section 4 (b) to be a disease in artificial breeding material for the purposes of provisions of this Act. Fittings includes stall fittings, utensils, implements, rugs, harness, chains, headstalls, and anything commonly used for, with or about stock or places where they are kept, and also includes artificial breeding equipment.Fodder includes hay, straw, litter, grass, grass seed, green crop, grain, corn, any type of stock food and the manure of any stock.Holding means any land in respect of which a return of land and stock is required to be furnished under section 76 of the. Rural Lands Protection Act 1998 Infected means:
(a) in relation to stock that the stock are diseased or have been on land on which there are, or have been within the preceding 12 months, diseased stock, or (a1) in relation to artificial breeding material—that stock bred from the artificial breeding material may, as a result of being bred from the material, be affected by disease in the material, or (b) in relation to a carcass—that the carcass is of infected stock, or (c) in relation to land—that the land is land on which diseased stock are present, or have been present during the preceding 12 months, except if that presence consisted only in the transport of the stock by vehicle over the land. Inspector means inspector appointed under this Act.Occupier when used in relation to land includes a person in charge of land as manager, agent or superintendent or otherwise.Ova means:
(a) germ cells of female stock, or (b) cells of female stock that can develop into new members of the same species after maturation and fertilisation, and includes fertilised cells, embryos and foetuses up to the end of the first third of pregnancy, but does not include cells or embryos of an avian species of stock. Ovum transfer means any operation by which an ovum is collected from female stock and implanted in other female stock either by way of an intermediate host animal or otherwise.Protected area means land declared by the Minister to be a protected area under section 11A.Protected (control) area means land declared by the Minister to be a protected (control) area under section 11A.Quarantine area means any land which:
(a) is declared by the Minister to be a quarantine area under section 10, (b) is deemed to be a quarantine area under section 11, or (c) is declared by an inspector to be a quarantine area under section 8. Record means any book, account, document, paper or other source of written information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means.Regulations means regulations for the time being in force made under the provisions of this Act.Semen means the fluid produced by the reproductory organs of male stock and includes:
(a) any part of that fluid, and (b) spermatozoa in any fluid or frozen medium. Stock means horses, cattle, asses, mules, camels, sheep, pigs, or goats, or any animals or birds or any eggs of any birds to which the Governor by proclamation to be published in the Gazette may apply the provisions of this Act.Editorial note— For proclamations under this definition see Gazettes No 4 of 8.1.1999, p 33 and No 119 of 19.7.2002, p 5476. Travelling stock means stock on any vessel, aeroplane or airship, or taken, driven, or carried along any road or on any land other than that on which they are ordinarily kept or pastured.Veterinary practitioner has the same meaning as in the. Veterinary Practice Act 2003
(1) The Director-General may appoint a person to be an inspector for the purposes of this Act. (2) The Director-General may authorise in writing any person to perform any or all of the duties and exercise any or all of the powers of an inspector.
(1) Notwithstanding the provisions of any other Act, any inspector may at any time:
(a) with or without assistants enter any land, building, vehicle, vessel, aeroplane or airship for the purpose of inspecting or treating any stock, artificial breeding material, carcass, fodder or fittings, or enforcing the provisions of this Act or the regulations, (b) detain or take possession of any stock, artificial breeding material or carcass which is infected or which the inspector suspects to be infected or any stock which in his or her opinion is straying, or any fodder or fittings which are contaminated with disease or which the inspector suspects to be so contaminated, or any stock, artificial breeding material, carcass, fodder or fittings in respect of which in his or her opinion an offence against this Act or the regulations has been committed, (bi) cause any stock or artificial breeding material to be tested for any disease or take from any stock or artificial breeding material or carcass a specimen of any kind, (bii) order the owner or person in charge of stock or artificial breeding material to cause the stock or artificial breeding material to be tested for any disease in a manner approved by the Director-General, whether or not the stock or artificial breeding material has previously been tested, and whether or not that testing was ordered or caused to be done by an inspector, (c) order the owner or person in charge of stock, or the occupier of any land on which are any stock, to muster them at a specified place on the land or, where in the opinion of the inspector no facilities suitable for the purposes of the order exist on that land, at a specified place on other land, for the purpose of examination or treatment or of enabling the inspector to cause any or all of them to be tested for any disease or to take any specimens from them and to provide such assistance as the inspector may reasonably require, (d) detain travelling stock or order them to be detained for the purpose of examination or treatment or of enabling the inspector to cause any or all of them to be tested for any disease or to take any specimens from them, or until the provisions of this Act and the regulations have been complied with to the satisfaction of the inspector, and order the owner or person in charge of the stock to take them to a specified place for such examination or treatment or test or to enable specimens to be taken from them, or in order that such provisions may be complied with, (e) order the owner or person in charge of travelling stock which are infected or which the inspector suspects to be infected to forthwith take them back to any place from which they have been or are being removed or through which they have passed. (1A) For the purposes of (and without limiting) subsection (1) (b), an inspector may detain or take possession of stock by displaying a notice stating that the inspector has detained or taken possession of the stock (as appropriate). The notice must be prominently displayed on, next to, or on a gate to, the pen, yard, paddock or other enclosure or area where the stock are located.
(1) Where an inspector at any reasonable time informs a person that the inspector is making inquiries for the purposes of this Act in relation to any stock, artificial breeding material or carcass which is infected or which the inspector suspects to be or to have been infected, any stock which in the opinion of the inspector is straying, any fodder which is or fittings which are contaminated with disease or which the inspector suspects to have been so contaminated or any stock, artificial breeding material, carcass, fodder or fittings in respect of which, in the opinion of the inspector, an offence against this Act or the regulations has been committed, and the inspector has warned that person that it is an offence under this Act to fail to answer the question concerned or to give a reply that is false or misleading in any material particular, that person shall not fail to answer any question, being a question relating to the stock, artificial breeding material, carcass, fodder or fittings, put to the person by the inspector, or make a reply to any such question, that is false or misleading in any material particular.
(1) Notwithstanding the provisions of any other Act, when any stock are found by an inspector to be infected or suspected by the inspector of being infected, the inspector may:
(a) order the owner or any person having control or in charge of the stock or the occupier of the land upon which the stock are found, kept or pastured to cause them to be identified, tested or treated in such manner as the inspector may specify (but subject to any requirement prescribed by the regulations), (b) order that owner, person or occupier to remove to a specified place the stock and any fodder, fittings or other things whatsoever used in connection therewith or any thing produced by or from the stock and, if the inspector thinks fit, order that owner, person or occupier to slaughter the stock or cause the stock to be slaughtered at that specified place, (c) by notice in writing served on the owner or occupier of any land upon which the stock have been found, pastured, kept or travelled or across which the stock have been transported or to which the stock have been removed:
(i) declare any such land to be a quarantine area in respect of stock of that or any other kind for such period not exceeding 40 days as may be specified in the notice and, if the inspector thinks fit, require that owner or occupier to confine the stock to any land specified in the notice for such a period, or (ii) declare any such land to be a quarantine area in respect of stock of that or any other kind for such a period and require that owner or occupier to confine the stock to that quarantine area for a like period, (c1) with the approval of the Minister, require, by an order in a form prescribed by the Director-General, the owner of any land or the lessee of any Crown land, that is within a quarantine area, not being a quarantine area declared by the Minister under section 10, and is not sufficiently fenced or enclosed to prevent the ingress or egress of stock, to carry out such fencing or repairs or additions to fencing as may be specified in the order within the time so specified, (d) order:
(i) the owner or any person in possession of any hide, skin, hair or wool of the stock, or any articles used in connection with the stock or any thing produced by or from the stock, or (ii) the occupier of the land on which the same are found, to cause them to be treated in such manner as the inspector may specify (but subject to any requirement prescribed by the regulations), (e) order the owner or any person in possession or charge of any vehicle or vessel which has been used for the conveyance of any such stock, hide, skin, hair, wool, article or thing to cause the vehicle or vessel to be disinfected in such manner as the inspector may specify (but subject to any requirement prescribed by the regulations), (f) order the owner or occupier of any land upon which the stock are or have been to cause the land or any building thereon to be disinfected in such manner as the inspector may specify (but subject to any requirement prescribed by the regulations). (1AA) When any artificial breeding material on land or premises is found by an inspector to be diseased or suspected by the inspector of being diseased, the inspector may by notice in writing served on a person who is the owner or occupier of the land or premises require the person to keep the artificial breeding material on the land or premises for a specified period of up to 40 days. (1A) An inspector may, in an order under subsection (1) (a), (b), (d), (e) or (f), specify a period within which the act, matter or thing required by the order shall be done or performed.
(1) The occupier of any land upon which stock are depasturing, or the owner of any stock, or in the case of travelling stock the person in charge of the stock, shall, subject to subsection (4), give written notice in accordance with subsection (3) within a period of 48 hours after it first comes to his or her knowledge that any of the stock are diseased. Maximum penalty: 100 penalty units. (2) Subject to subsection (4), every veterinary practitioner who examines or is consulted with respect to any stock, and any other person who, whether in the practice of veterinary science or otherwise, attends or is consulted with respect to any stock shall, if he or she is of opinion or suspects that any of the stock is diseased, give written notice in accordance with subsection (3) within a period of 48 hours after he or she examined or attended the stock or was consulted with respect to the stock. Maximum penalty: 100 penalty units. (2A) Subject to subsection (4), every veterinary practitioner who, as a result of an examination or consultation concerning any stock or artificial breeding material, is of the opinion or suspects that artificial breeding material is diseased, must give written notice in accordance with subsection (3AA) within a period of 48 hours after he or she examined or was consulted with respect to the stock or artificial breeding material. Maximum penalty: 100 penalty units. (2B) A written notice referred to in subsection (2A) is to be given to an inspector of a class prescribed by the regulations for the purposes of this subsection or, if no such class is prescribed, an inspector employed by the Department.
(1) The Minister may, if he or she thinks fit, instead of declaring land to be a quarantine area, accept an undertaking in a form acceptable to the Minister given by the owner or occupier of the land to comply with the requirements mentioned therein.
(1) The Minister may by notification published in the Gazette declare any land therein described to be a protected area or a protected (control) area as regards any specified disease, and may by the same or a like notification restrict or prohibit the bringing into the area of any stock or any class of stock, or any artificial breeding material, carcass, fodder, fittings or animal products. (1A) A protected (control) area is an area with a moderate prevalence of a disease.
(1) At any place on or near a boundary of the State, any portion of the State, a quarantine area, protected area, protected (control) area, or any land to or in respect of which a regulation, proclamation, notification, undertaking, notice or permit made, given or issued under or pursuant to this Act, applies, an inspector may display a traffic sign of a type approved by the Director-General in such a manner as to be clearly visible to the driver or person in charge of a vehicle approaching that place. In this subsection place includes road, whether public or otherwise.
(1) The Minister may, by order published in the Gazette, prohibit, or impose conditions on, the holding of agricultural shows or public sales of stock in a specified area if the Minister considers that such shows or sales are likely to facilitate the spread of a disease among stock.
(1) The Minister may, by notice published in the Gazette, require all owners of land, and all lessees of any Crown land, within a quarantine area or a protected area, to fence the land within the time specified in the notice and in a manner sufficient to prevent any stock of a class specified in the notice from getting in or getting out.
(1) Where land or stock are by the provisions of this Act to be quarantined, the quarantine may be general or in respect of a particular disease. (2) The nature of the quarantine shall be stated in the notice, order or notification imposing the quarantine or in the undertaking given with respect to any land or stock under the provisions of section 11.
(1) The Minister may, in the circumstances set out in subsection (2), make an order declaring:
(a) all roads, travelling stock reserves and public places, or (b) roads, travelling stock reserves or public places of a specified class or description, located within a specified area to be closed to walking and grazing stock or to walking and grazing stock of a specified class. (2) An order under this section may be made whenever the Minister is of the opinion that all or some of the walking or grazing stock referred to in subsection (1) may be infected with a designated disease and could, if allowed to walk over or graze on the roads, travelling stock reserves or public places, or roads, travelling stock reserves or public places of a specified class or description, located within a specified area:
(a) cause those roads, reserves or places to become infected with the disease, or (b) cause other stock within the area to become infected with the disease, or (c) where holdings, roads, travelling stock reserves and public places within the area are currently not infected with the disease—expose those holdings, roads, reserves and places to the disease. (3) In making such an order, the Minister may, in specified circumstances or subject to specified conditions, exempt stock or stock of a specified class from the operation of the order.
(1) At a muster in accordance with the order of an inspector made under the provisions of section 7 the inspector may cause to be branded with an approved brand all the stock mustered.
(1) An order may be given to a person to destroy or dispose of infected stock or infected artificial breeding material or any carcass, or produce, of infected stock, or fodder or other thing used in connection with infected stock or infected artificial breeding material.
(1) The Minister may, for the purpose of preventing the spread of disease resulting from the use of artificial breeding material, by order:
(a) prohibit the sale or supply, or the use for or in connection with an artificial breeding procedure, of artificial breeding material taken from specified stock, or (b) prohibit the sale or supply, or the use for or in connection with an artificial breeding procedure, of artificial breeding equipment used for or in connection with an artificial breeding procedure involving specified stock or involving artificial breeding material taken from specified stock, or (c) require the owner or person in charge of artificial breeding material taken from specified stock to take specified action in respect of that artificial breeding material, or (d) require the owner or person in charge of artificial breeding equipment used for or in connection with an artificial breeding procedure involving specified stock or involving artificial breeding material taken from specified stock to take specified action in respect of that artificial breeding equipment, or (e) order the owner or person in charge of specified stock to cause the stock to be tested for disease in a specified manner prior to the collection of artificial breeding material from the stock. (2) The action that a person can be required to take in respect of artificial breeding material or artificial breeding equipment by an order under this section is any of the following:
(a) the testing of the material or equipment in a specified manner, (b) the storing of the material or equipment in a specified manner, (c) the disposal or destruction of the material or equipment in a specified manner, (d) such other action as may be prescribed by the regulations.
(1) Where any stock or artificial breeding material have been moved contrary to the provisions of this Act or any regulation, proclamation, notification, undertaking, order, notice or permit made, given or issued under or pursuant to this Act, the stock or artificial breeding material may be seized by an inspector or by a police officer.
(1) A person must not sell stock which the person has reason to believe, or ought to know, are diseased. Maximum penalty: 200 penalty units.
(1) A person must not move any stock, or cause or permit any stock to be moved:
(a) across a quarantine line, unless the movement is in accordance with the conditions specified in the notification declaring the quarantine line, or (b) into a protected area or a protected (control) area, unless the movement is in accordance with the prescribed conditions, or (c) into, within or out of a quarantine area or from infected land, or (d) if an inspector has ordered the stock to be tested under section 7 (1) (bii), the stock have not yet been tested in accordance with that order and an inspector has not given permission for the stock to be moved, or (e) otherwise in contravention of this Act or the regulations. Maximum penalty: 100 penalty units. (2) A person must not move any infected stock or cause or permit any infected stock to be moved:
(a) on, along or across any public road or railway, or (b) in or through any public place, or (c) to, on or across any land (including any stock saleyard, and any travelling stock reserve within the meaning of the ) except on or across land owned or occupied by the owner of the stock. Rural Lands Protection Act 1998 Maximum penalty: 100 penalty units. (3) A person does not commit an offence against this section by doing anything in accordance with a permit under section 7 (6) or an order under section 8 (1) (b) or if the person moves stock when all of the following conditions are satisfied:
(a) the stock are infected only with footrot, sheep lice, Brucella ovis infection or any other disease declared by the Minister for the purposes of this section (or only with more than one of those diseases), (b) the stock are transported in a vehicle directly to an abattoir for the slaughter of the stock or directly to a sale approved by the Director-General for stock infected only with one or more of those diseases. (c)
(1) A person must carry out treatment ordered by an inspector, or prescribed by or under this Act, in accordance with the directions (if any) given to the person by an inspector.
(1) A person must not feed a prohibited substance to stock or cause or permit stock to feed on a prohibited substance.
(1) A person must not, in making a statement or providing information for the purposes of this Act, make a statement or provide information to the Minister or a person engaged in the administration of this Act, or to any other person, that is false or misleading in a material particular. Maximum penalty: 100 penalty units.
(1) If a corporation contravenes a provision of this Act or the regulations, each officer of the corporation is taken to have contravened the provision if the officer knowingly authorised or permitted the contravention.
(1) In this section, prescribed offence means an offence against this Act or the regulations that is prescribed by the regulations for the purposes of this section.(2) An inspector authorised under subsection (3) may serve a penalty notice on a person if it appears to the inspector that the person has committed a prescribed offence. (3) The Director-General may in writing authorise an inspector to exercise the power conferred by subsection (2) and may, whenever appropriate, revoke such an authorisation by notice in writing given to the inspector. (4) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the period and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.
(1) If a person is required under this Act to provide any information, the provision of that information by the person does not subject the person personally to any action, liability, claim or demand.
(1) The Governor may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act; and in particular and without limiting the generality of the foregoing power, the Governor may, by regulation:
(a) prescribe the treatment which shall be applied to any stock or artificial breeding material found by an inspector to be infected or suspected by the inspector of being infected, (b) regulate or prohibit the movement of stock or artificial breeding material and persons into, within, and out of, and the taking of things into and out of a quarantine area, protected area or protected (control) area, and regulate the management and control of such areas and of any stock or artificial breeding material therein, (c) prescribe and regulate the branding, marking or ear-marking of stock for or in connection with the management or control of disease and make provision for and with respect to schemes of identification of stock (whether on a compulsory or voluntary basis) and the tracing of stock, (d) regulate the manner of treatment in pursuance of this Act, (e) prescribe, regulate or prohibit the testing, vaccination and inoculation of stock or artificial breeding material, and the use, manufacture, testing, distribution, storage, display or display for sale of vaccines, sera, diagnostic agents and other biological substances used for testing, vaccinating or inoculating stock or artificial breeding material, (f) regulate the destruction of stock, artificial breeding material, carcasses, and things in pursuance of this Act, (g) (h) regulate or prohibit the sending or carriage of cattle ticks, eggs of cattle ticks, skins or hides of diseased or infected stock, vaccines or cultures of the organism of any disease or any organism or thing that may cause or tend to cause the spread of disease, (i) prescribe the classification of inspectors and the duties of various classes of inspectors, (j) regulate or prohibit the movement of any carcass within a quarantine area, protected area or protected (control) area, (k) prescribe the payment of fees for examination and treatment of stock or artificial breeding material by or under the order of or the supervision of an inspector, (k1) prescribe the payment of fees for any other service provided under this Act or the regulations, (l) provide for the examination, testing and treatment of any stock or artificial breeding material or class of stock or artificial breeding material within a quarantine area, protected area or protected (control) area or any part of any such area, (m) require the owners or persons in charge of stock, or persons to or by whom stock is or has been delivered, within a quarantine area, protected area or protected (control) area, or the occupiers of land within a quarantine area, protected area or protected (control) area upon which there are stock, to furnish or otherwise give, in accordance with the regulations and at such times or in such circumstances as are prescribed, notices or returns showing the number and description of the stock and such other particulars as may be prescribed, (n) require owners or persons in charge of stock and owners or occupiers of land upon which there are or have been any diseased stock or upon which any diseased or infected stock have travelled to give notice thereof and prescribe the manner of giving such notice, (o) provide for the treatment and for the disposal, whether by removal, sale, destruction or otherwise, of any stock, artificial breeding material or carcass seized or taken possession of by an inspector or for the disposal or destruction of stock found straying on unenclosed Crown lands, (p) require the closing of any gates on land adjoining the boundary of a quarantine area, a protected area or a protected (control) area, (q) prescribe and regulate the forms to be used and the records to be kept under this Act and the regulations, (r) prohibit or regulate the taking from stock or artificial breeding material of specimens and regulate the removal or dispatch of specimens taken from stock or artificial breeding material, (s) prohibit or regulate the feeding to stock of food refuse of any kind and of any material or substance capable of harbouring any agent causing disease, (t) prohibit or regulate the movement of any stock which have been vaccinated or inoculated or treated or tested in respect of any disease or which there is reason to suspect are infected, (u)–(z) (aa) prohibit or regulate the movement of any stock to, or to or from any land, vehicle or place used or to be used for the sale of stock. (bb)
(Section 24)