Part 1 Preliminary
1 Name of Regulation
This Regulation is the Biosecurity (National Livestock Identification System) Regulation 2017.
2 Commencement
This Regulation commences on the commencement of the Biosecurity Act 2015 and is required to be published on the NSW legislation website.
3 Interpretation
(1) In this Regulation—abattoir means a property used in the course of business as an abattoir or a knackery.agent identification code, in relation to a stock and station agent, means—(a) the code assigned to the agent under Part 2, or(b) any identification code assigned to or in respect of the agent under a related NLIS law.animal welfare inspector means an inspector within the meaning of Division 2 of Part 2A of the Prevention of Cruelty to Animals Act 1979.attached includes implanted, inserted, administered or applied.brand means a tattoo brand.breeder device means an identifier containing the property identification code of the property on which the stock that is to carry the identifier was born.camelids means members of the family camelidae other than vicunas or guanacos.Note—Camelids include camels, alpacas and llamas.cattle means members of the genus Bos and also includes American bison or buffalo (Bison bison) and domestic water buffalo (Bubalus bubalis).cattle scale operation means a business (other than a farming business) that trades in cattle by purchasing the cattle by live weight or price per head directly from farmers (and not by way of a public auction) and then sells the cattle on.district code, in relation to a stock identification district, means the code assigned to the district under Part 2.district registrar, in relation to land within a stock identification district wholly or partly within a local land services region, means—(a) any person appointed by Local Land Services to exercise any or all of the functions of the district registrar for the local land services region, and(b) if the Secretary has appointed a person to exercise any or all of the functions of the district registrar of the local land services region—that person.equines means members of the family equidae.Note—Equines include horses, donkeys, asses, mules and zebras.farm property—see clause 7 (3).food inspector means an authorised officer within the meaning of the Food Act 2003.goat depot means a property that is used to aggregate goats before the sale or slaughter of those goats.identifiable stock means cattle, pigs, goats and sheep and includes a carcass of any such animal.identifier means a tag, label, brand, mark, implant or other means of identification of stock.local land services region means a region within the meaning of the Local Land Services Act 2013.NLIS or National Livestock Identification System means the system in Australia of that name for identifying and tracing livestock for the purposes of disease control, food safety and market access.NLIS administrator means Integrity Systems Company Limited (ACN 134 745 038), or such other person or body approved by the Secretary under clause 56.NLIS movement document means the following documents—(a) a national vendor declaration and waybill approved from time to time by SAFEMEAT (being the organisation formed between industry and Australian governments to ensure the safety and hygiene of red meat and livestock) and Meat and Livestock Australia, or in the case of pigs, a national vendor declaration (PigPass) approved by Australian Pork Limited,(b) a transported stock statement within the meaning of Part 9 of the Local Land Services Act 2013,(c) a buyer reconciliation report or post-sale summary that contains the transaction information referred to in clause 41,(d) an exhibitor entry or registration form for an agricultural show that contains the delivery information within the meaning of Division 1 of Part 4,(e) a stock permit within the meaning of the Local Land Services Act 2013,(f) a permit granted under the Biosecurity Act 2015.NLIS register means the register maintained by the NLIS administrator under Part 5.permanent brand identifier for pigs—see clause 17 (10).permanent identifier means—(a) a breeder or post breeder device that is fully or conditionally accredited by the NLIS administrator as a permanent identifier for the particular species of stock, or(b) additionally, in the case of pigs, a permanent brand identifier for pigs.PigPass database means the database maintained by Australian Pork Limited.post breeder device means an identifier containing the property identification code of a property other than the property on which the stock that is to carry the identifier was born.previous property means, in relation to identifiable stock, the last property at which the stock was held, being a farm property or a property required to have a property identification code under clause 6.properly identified—see clause 17.property means an area of land (including an area comprising 1 or more parcels of land that are proximate) that is worked as a single property.property identification code, in relation to a property, means—(a) in the case of a property in New South Wales—the code assigned to the property under Part 2, or(b) in the case of a property outside of New South Wales—a code assigned to or in respect of the property under a related NLIS law.means a law of another State or Territory that is similar to the provisions of this Regulation.relevant identification particulars means—(a) in relation to cattle—(i) the property identification code of the property on or in respect of which the cattle have been (or are required to be) permanently identified, and(ii) the characters that enable each animal to be individually identified, and(b) in relation to pigs, sheep or goats—the property identification code of each property on or in respect of which the pigs, sheep or goats have been (or are required to be) permanently identified.saleyard means a property on which identifiable stock is sold by public auction.send includes transfer or deliver.stock and station agent means a person who is licensed as a stock and station agent under the Property, Stock and Business Agents Act 2002 or under a similar law of another State or Territory.stock event means an event that involves identifiable stock being held in captivity for the purposes of an exhibition or competition such as an agricultural show or rodeo.stock event property means the property on which a stock event is held.stock identification district means a stock identification district shown on the map in Schedule 1.stock watering place has the same meaning as in the Local Land Services Act 2013.the Act means the Biosecurity Act 2015.travelling stock reserve has the same meaning as in the Local Land Services Act 2013.veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.(2) A reference in this Regulation to the owner, operator or person in charge of a place or thing includes a reference to any stock and station agent (or other person) who is acting on behalf of the owner, operator or person in charge of the place or thing.(3) A reference in this Regulation to the date on which identifiable stock left from, or arrived at, a particular place, means, in the case of stock leaving or arriving over more than one day, the first of those days.(4) Any requirement in this Regulation that a device or identifier contain a property identification code may, in circumstances approved by the Secretary, be satisfied by including a district code for the district in which the relevant property is situated and in any such case, any reference in this Regulation to the property identification code in respect of a device or identifier is taken to be a reference to the district code.(5) Notes included in this Regulation do not form part of this Regulation.cl 3: Am 2018 (394), Sch 1 [1] [2].
4 Requirements of Regulation are mandatory measures
A requirement set out in Parts 2, 3, 4 and clauses 57, 59(1) and (4) and 59A(1) of this Regulation is a mandatory measure.cl 4: Am 2023 (47), Sch 3[1].
Part 2 Identification codes
Division 1 Property identification codes
5 Relevant person
In this Part, each person who is required to ensure that a property has a property identification code is a relevant person in respect of the property.
6 Property identification code required if certain activities occur
(1) The operator of each of the following must ensure that the property on which the following is conducted has a property identification code—(a) an abattoir,(b) a goat depot,(c) a saleyard,(d) a cattle scale operation,(e) a stock event.(2) A cattle scale operation may have a single property identification code that relates to the primary premises of the cattle scale operation and all business operations of the cattle scale operation may rely on this property identification code.
7 Property identification code required if certain animals held in captivity
(1) The owner and the occupier (if that person is not the owner) of a property on which any of the following stock are held in captivity, and the owner and the person in charge (if that person is not the owner) of any of the following stock held in captivity on a property, must each ensure that the property has a property identification code—(a) identifiable stock,(b) camelids, deer or equines,(c) small poultry (being chickens, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants or partridges),(d) large poultry (being emus or ostriches).(2) Despite subclause (1), a person is not required to ensure that a property has a property identification code if—(a) the only stock held in captivity on the property are—(i) less than 100 small poultry, or(ii) less than 10 large poultry, or(b) the property is a veterinary practice at which stock do not stay overnight.(c) (Repealed)(3) A property that is required to have a property identification code under this clause but not under clause 6 is taken for the purposes of this Regulation to be a farm property.cl 7: Am 2023 (47), Sch 3[2] [3].
8 Applying for a property identification code
(1) A relevant person in respect of a property that is located wholly or partly in a stock identification district may apply for a property identification code for the property by making an application to a district registrar for the district.(2) The application must include the following—(a) the name and location of the property,(b) the lot and DP numbers of the property,(c) the full name, residential address, postal address, email address (if any) and telephone number of each relevant person,(d) any other information required by the district registrar.(3) Each relevant person in respect of a property to which a property identification code has been assigned by a district registrar must ensure that, within 14 days after the person becomes aware of any change in the information referred to in subclause (2), notice of the change is given to the district registrar.
9 Assigning property identification codes
(1) A district registrar for a stock identification district may assign a property identification code (and a truncated version of such a code) to any of the following that is wholly or partly in the district—(a) a property for which a property identification code is required by this Division,(b) a travelling stock reserve or public land (within the meaning of the Local Land Services Act 2013),(c) a public road to which a stock permit under that Act relates.(2) The property identification code may be assigned following an application made under this Division or on the district registrar’s own motion.
Division 2 Miscellaneous
10 Definition
In this Division—identification code means a property identification code, a district code or an agent identification code.
11 District codes
A district registrar may on the district registrar’s own motion assign a district code to a stock identification district.
12 Agent identification codes
(1) A district registrar may assign an agent identification code to a stock and station agent whose registered office is located in the stock identification district or who carries on business in the stock identification district.(2) An agent identification code may be assigned by a district registrar on the district registrar’s own motion or on application by or on behalf of the stock and station agent.
13 Identification codes to be determined by Secretary
The Secretary is to determine, by order published in the Gazette, the identification codes that are assigned under this Part and the manner in which they are assigned.
14 Transfer of identification codes
An identification code cannot be transferred except—(a) in the case of a property identification code—to another property that comprises all or part of the property to which the code was assigned, or(b) in the case of an agent identification code—to another stock and station agent who has taken over the business of the stock and station agent to whom the code was assigned.
15 Renewal of identification codes
An identification code, unless sooner inactivated or cancelled, remains active for 3 years or for the period specified in writing by the district registrar, whichever is the shorter, and may be renewed by application to the district registrar.
16 Inactivation and cancellation of identification codes and assignment of new codes
(1) A district registrar may inactivate or cancel the operation of an identification code.(2) If an identification code is inactivated by a district registrar for a stock identification district, it may, subject to this Regulation, be reactivated only by a district registrar for that stock identification district.(3) If an identification code is cancelled, it may only be re-assigned in the circumstances, and in the manner, that the Secretary determines.
Part 3 Permanent identification of stock
Division 1 Identifiable stock
17 Proper identification of identifiable stock
(1) Identifiable stock is properly identified for the purposes of this Regulation if—(a) a permanent identifier is attached to the stock in the manner set out in this clause, or(b) in the case of stock born outside New South Wales—the stock is permanently identified in accordance with a related NLIS law.(2) Identifiable stock is not properly identified for the purposes of this Regulation if a permanent identifier attached to the stock is unreadable or has ceased to work.(3) A permanent identifier may be attached to identifiable stock only on the property to which the property identification code on the identifier relates.(4) A permanent identifier may be attached to cattle only if the cattle are not properly identified.(5) More than one permanent identifier that is a post-breeder device may be attached to sheep, goats or pigs.(6) Only one permanent identifier that is a breeder device may be attached to sheep, goats or pigs.(6A) A breeder device must only be attached to identifiable stock on the property on which the stock was born.(7) A permanent identifier is to be attached to identifiable stock as follows—(a) in the case of cattle—by applying it to the cattle in accordance with the manufacturer’s instructions,(b) in the case of sheep or goats—by attaching it to the ear of the sheep or goat in a way that allows the property identification code on the identifier to be easily read.(c) (Repealed)(8) A permanent identifier is to be attached to identifiable stock in the case of pigs as follows—(a) if the permanent identifier is a permanent brand identifier for pigs—so that the characters on the brand are impressed through the skin of the pig and can be easily read, or(b) if the permanent identifier is a breeder device or post breeder device—by attaching it to the ear of the pig in a way that allows the property identification code on the identifier to be easily read.(9) A permanent brand identifier for pigs is not to be attached to a pig weighing 25 kilograms or less.(10) In this clause, a permanent brand identifier for pigs is—(a) a carbon based ink or paste brand applied to one or more shoulders of the pig, in a form containing the final 6 characters of the property identification code of the property on which the brand is applied that—(i) is no more than 53 millimetres wide, and(ii) has the characters set out on 2 equal rows, one above the other, and(iii) is applied so that the characters are clearly visible and are at least 20 millimetres high with spaces between the characters of between 2 and 3 millimetres, or(b) a brand applied to one or more sides of the rump of the pig by an authorised officer.cl 17: Am 2018 (394), Sch 1 [3]–[5].
18 Failure to properly identify stock
(1) The owner of any identifiable stock must ensure that the stock is properly identified—(a) before the stock leaves any property in New South Wales on which it is kept (whether or not that property is the one on which it was born), or(b) if the stock is not properly identified on arrival in New South Wales—as soon as practicable after its arrival in New South Wales.(2) A person must not cause identifiable stock to leave a property (including by transporting the stock) unless the stock is properly identified.(3) The operator of a saleyard or abattoir must ensure that all identifiable stock at the saleyard or abattoir are properly identified.(4) The person in charge of identifiable stock at a saleyard or abattoir that is not properly identified must ensure that the operator of the saleyard or abattoir is immediately provided with information that the stock is not properly identified. Clause 33 applies to this subclause in the same way as it applies to a provision of Division 1 of Part 4.(5) A person must not do any of the following in relation to identifiable stock at a saleyard or abattoir that is not properly identified—(a) sell or otherwise dispose of the stock,(b) buy or otherwise acquire the stock,(c) slaughter the stock (unless the person is required to slaughter the stock for humane reasons on the direction of an authorised officer, food inspector, animal welfare inspector or a veterinary practitioner).(6) The person in charge of identifiable stock at a saleyard or abattoir that is not properly identified and the operator of the saleyard or abattoir must take all reasonable steps to ensure that a person does not do any of the following—(a) sell or otherwise dispose of the stock,(b) buy or otherwise acquire the stock,(c) slaughter the stock (unless the person is required to slaughter the stock for humane reasons on the direction of an authorised officer, food inspector, animal welfare inspector or a veterinary practitioner).(7) Despite any other provision of this clause, identifiable stock is no longer required to be properly identified if the stock has been slaughtered at an abattoir.
19 Exempt movements of stock
A person does not fail to comply with a requirement under clause 18 (1) (a) or (2) merely because identifiable stock that is not properly identified leaves a property in the following circumstances—(a) the identifiable stock is a carcass that is moved directly to—(i) a waste management facility that is lawfully authorised to accept the carcass, or(ii) a licensed animal display establishment within the meaning of the Exhibited Animals Protection Act 1986,(b) the identifiable stock is not a pig and it is moved—(i) to a contiguous property and will be returned to the first property within 2 days, or(ii) to a contiguous property because the stock is grazed continuously between those 2 properties, or(iii) to part of the same property by a route that requires the stock to leave the property,(c) the identifiable stock is moved for the purposes of display under a licence or approval under the Exhibited Animals Protection Act 1986,(d) the identifiable stock is a dairy goat or a goat that was born without ears and the movement from the property is not to a saleyard for sale or to an abattoir,(e) the identifiable stock is a feral goat that has been captured from the wild and the goat is moved from the property on which it was captured—(i) to an abattoir, or(ii) to a goat depot where the goat will be appropriately identified or will be transported to an abattoir within 10 days,(f) the identifiable stock being moved is a pig, but only if—(i) the pig will continue to be owned by the same person following the move, and(ii) the pig is not moved for the purposes of a stock event or to a saleyard for sale, and(iii) the property on which the pig is normally kept and the property to which the pig will be moved is accredited by the Australian Pork Industry Quality Assurance Program, and the accreditation is in force, and(iv) any movement of the pig is recorded in the PigPass database within 2 days of the pig being moved.cl 19: Am 2018 (394), Sch 1 [6].
Division 2 Permanent identifiers
20 Definitions
In this Division—approved supplier means a person approved under this Division by a district registrar as an approved supplier.supply includes sale.
21 Supply of permanent identifiers
(1) A person must not acquire a permanent identifier unless the person is—(a) a district registrar or an authorised officer, or(b) a person who is entitled to apply for a property identification code to be assigned to the property to which the permanent identifier relates, or an authorised agent of that person.(2) A person must not supply a permanent identifier—(a) to a person other than a person who is permitted to order the permanent identifier, or(b) for use in a saleyard or an abattoir unless the person is a district registrar, an authorised officer or an approved supplier, or(c) that refers or relates to a property identification code or district code that is not active.(3) A person who is supplied with a permanent identifier for use in a saleyard or an abattoir must not use the identifier contrary to the directions of the district registrar, authorised officer or approved supplier who supplied it.
22 Approved suppliers of certain permanent identifiers
(1) A district registrar may from time to time approve a person as an approved supplier and revoke any approval.(2) An approval under this clause may be granted subject to such conditions as the district registrar thinks fit.(3) An approved supplier must comply with any condition to which the person’s approval is subject.
23 Records and provision of information to NLIS administrator
(1) A person who supplies a permanent identifier must keep the following records in relation to that supply in writing or electronic form—(a) the date that the identifier was supplied,(b) the number and type of identifiers supplied,(c) the identification code and serial number of each identifier,(d) the full name and business or residential address of the person to whom each identifier was supplied,(e) the full name and business or residential address of the owner of the stock for which each identifier was supplied and in respect of that stock—(i) the species of the stock, and(ii) the property identification code for the property of origin of the stock (if known),(f) in the case of a permanent identifier for use in a saleyard or an abattoir—the reason why the identifier was supplied.(2) A person who is required to keep a record in relation to the supply of a permanent identifier must retain the record for 7 years (or 3 years in the case of pigs), unless the permanent identifier is for use in a saleyard or an abattoir, in which case the record must be retained for 2 years.(3) A person who supplies a permanent identifier for cattle must, by the close of business on the next working day after the supply, provide the NLIS administrator with the following information—(a) the relevant identification particulars contained on or in the permanent identifier,(b) the date on which the permanent identifier was supplied.cll 23: Am 2018 (394), Sch 1 [7].
24 Alteration or removal of permanent identifier
(1) In this clause—alter includes deface.permanent identifier includes an identifier attached to identifiable stock under and in accordance with a related NLIS law.(2) A person must not alter, or cause or permit the alteration of—(a) a permanent identifier that is attached, or intended to be attached, to any identifiable stock, or(b) any equipment that is used for the purposes of attaching or reading a permanent identifier.(3) A person must not remove a permanent identifier that is attached to any identifiable stock, or cause or permit a permanent identifier to be removed from any identifiable stock, except in the following circumstances—(a) if the stock has been slaughtered at an abattoir,(b) if the person has been authorised by an authorised officer to remove the permanent identifier and does so in accordance with any conditions specified in the authorisation,(c) if the stock is dead (unless the person knows or reasonably suspects that death was due to a pest or disease for which there is a duty to notify the Chief Veterinary Officer),(d) if the stock is cattle and the permanent identifier cannot be read electronically and a new permanent identifier is attached to the stock immediately after the removal.(4) A person must not do any of the following if a permanent identifier in relation to identifiable stock has been altered or removed from the stock in contravention of this clause—(a) buy, sell or send the stock,(b) cause or permit the stock to be sold, bought or sent.(5) Nothing in this clause prevents an authorised officer, an animal welfare inspector or a food inspector from removing a permanent identifier, or causing a permanent identifier to be removed, from any stock.
25 Improper use of permanent identifiers
(1) A person must not attach a permanent identifier, or cause a permanent identifier to be attached, to any identifiable stock—(a) if the permanent identifier has previously been attached to any other stock, or(b) if the attachment of the permanent identifier will not result in the stock being properly identified, or(c) in the case of identifiable stock that is cattle—if the stock is already properly identified.(2) A person must not supply a permanent identifier, or cause or permit the supply of a permanent identifier, if the identifier has previously been attached to any other stock.(3) A person must not (without the approval of the Secretary) use a permanent identifier except in accordance with this Part.
26 Destruction of permanent identifiers removed from slaughtered stock
The operator of an abattoir must ensure that any permanent identifier removed from identifiable stock slaughtered at the abattoir is disposed of in a manner that ensures the identifier is unable to be used or attached to identifiable stock.
27 Manufacture, sale, supply and use of counterfeit identifiers
(1) A person must not, knowing that it is or may be intended to be attached to any stock, make, sell, supply or use any thing that is not, but could reasonably be mistaken for, a permanent identifier.(2) A person is not guilty of an offence under this clause if the court is satisfied that the person did not realise, and could not reasonably be expected to have realised, that the thing the person made, sold, supplied or used could reasonably be mistaken for a permanent identifier.
28 Additional identifiers
(1) A person must not attach, or cause or permit the attachment of, an identifier to any identifiable stock, if the identifier contains information that is reasonably likely to mislead a person as to the relevant identification particulars of the stock.(2) A person must not alter, or cause or permit the alteration of, any identifier that is attached to identifiable stock, if the identifier as altered is reasonably likely to mislead a person as to the relevant identification particulars of the stock.(3) In this clause—identifier means an identifier other than a permanent identifier.
29 Authorised officer may seize unattached identifiers or branding devices
(1) This clause applies to the following items only—(a) a permanent identifier (or something that could reasonably be mistaken for a permanent identifier) that is not attached to any stock,(b) a branding device that has, or appears to have, a property identification code.(2) An authorised officer may seize an item if the authorised officer believes on reasonable grounds that—(a) the item is not being used for the purposes of this Part, or(b) the item has been abandoned, or(c) if the item has a property identification code—the item is in the possession of a person without the approval of the owner or occupier (the relevant owner or occupier) of the property to which that code was assigned or the owner or person in charge of identifiable stock on the property.Note—Where a permanent identifier or branding device is used in connection with an offence, Part 8 of the Act applies to the seizure and disposal of the item.(3) An authorised officer may dispose of an item seized under this clause if the relevant owner or occupier does not claim it within 3 months.(4) An authorised officer is to dispose of an identifier in a manner that ensures the identifier is unable to be used or attached to identifiable stock.(5) An authorised officer is to dispose of a branding device in a manner that ensures the branding device is unable to be used.
30 Loss or theft of unattached permanent identifier for cattle
(1) The NLIS administrator must be provided with the following information if any unattached permanent identifier for cattle is lost or stolen—(a) that the permanent identifier has been lost or stolen,(b) the date that the permanent identifier was lost or stolen, or if this is not known, the date the person providing the information became aware of the loss or theft,(c) the relevant identification particulars contained on or in the permanent identifier.(2) The information must be provided—(a) if the permanent identifier has been issued in respect of cattle on a property—by the person in charge of the property and by the person in charge of the cattle if different, or(b) if the permanent identifier has not been issued—by the person who was last in possession or control of the identifier.(3) A person is required to provide the information within 7 days after becoming aware of the loss or theft.(4) A person is not required to provide information under this clause if a person knows another person has provided the information.
Division 3 Voluntary permanent identification
Note—
This Division does not require the permanent identification of the horses and alpacas. However, if any horse or alpaca is permanently identified on a voluntary basis, the identification must be done in accordance with the scheme approved by the Secretary under this Division.
31 Voluntary permanent identification of equines and camelids
(1) The Secretary may, by order published in the Gazette, approve of—(a) the types of identifiers that may be permanently attached to the following stock (including the specifications in respect of which such identifiers must comply)—(i) horses and other equines,(ii) alpacas and other camelids, and(b) any terms or conditions for the use of any such permanent identifiers.(2) A person must not use a permanent identifier approved under this clause except in accordance with the Secretary’s approval.(3) If the Secretary has approved a type of identifier under this clause in respect of a species, a person must not permanently identify a member of that species except in accordance with the Secretary’s approval.
Part 4 Information requirements—stock transactions
Division 1 Provisions applying to all identifiable stock
32 Delivery information
(1) In this Division—delivery information, in relation to identifiable stock, means the following information—(a) the type of stock and the number of each type of stock,(b) the date the stock left the previous property,(c) the property identification code of the previous property,(d) the unique serial number of any NLIS movement document created in relation to the delivery of the stock,(e) in the case of pigs, sheep or goats—(i) the relevant identification particulars of the pigs, sheep or goats, and(ii) whether the pigs, sheep or goats were bred on the previous property,(f) a completed delivery declaration that includes the following—(i) the name and signature of the person preparing the declaration,Note—This will be the owner of the stock (see clause 34 (a)).(ii) the date on which the declaration is made,(iii) the property identification code of the property to which the stock are to be delivered (or if the code is not known or readily available, the name and address of the person to whom the stock are to be delivered).Note—A relevant NLIS movement document will contain some or all of the delivery information.(2) Delivery information is to be provided at the time of delivery.(3) Despite any provision of this Division, delivery information is not required to be provided or kept in circumstances where identifiable stock arrive at a property because they are being transferred from one vehicle to another in the course of being transported and are on the property for less than 24 hours.
33 Provision of delivery or other information to person in charge rather than operator
(1) A requirement in this Division that a person provide delivery information or other information to the operator of a business or property is satisfied, in the absence of the operator, by the person providing the information to the person in charge of the business or property.(2) A person in charge of a business or property who is provided with information under this clause must, as soon as reasonably practicable, provide that information to the operator of the business or property.(3) The operator of a business or property must ensure that the person in charge of the business or property is made aware of, and complies with, the person’s obligations under subclause (2).
34 Owner of stock to be delivered must prepare and retain delivery information
If delivery information is required under this Division in relation to identifiable stock, the owner of stock must—(a) prepare a record of the delivery information, andNote—When the delivery information is being prepared, the identifiable stock will not have been delivered and so references to the previous property will mean the current property on which the stock are being held.(b) provide a copy of the record to any other person who is to deliver the stock, and(c) keep the record for 7 years (or 3 years in the case of pigs) after the delivery of the delivery information and, if the stock is to be delivered to an abattoir or to a stock and station agent for sale, the property identification code or address of the abattoir or of the saleyard at which the stock and station agent is to sell the stock.cll 34: Am 2018 (394), Sch 1 [7].
35 Stock and station agents and saleyards
(1) A person who delivers identifiable stock to a stock and station agent must provide the agent with the delivery information in relation to the stock.(2) The stock and station agent must not sell or otherwise dispose of the identifiable stock unless the agent has obtained the delivery information in relation to the stock.(3) The person to whom the stock and station agent sells or otherwise disposes of the identifiable stock must, before the stock leaves the possession of the agent, provide the agent with the following information (the post-sale information)—(a) if the stock is to be sent to a property—the property identification code of the property,(b) if another stock and station agent is to take possession of the stock—the agent identification code of that stock and station agent.(4) The stock and station agent must keep in relation to the identifiable stock a record of the following for at least 2 years—(a) the delivery information,(b) the property identification code or address of the saleyard at which the stock were sold or otherwise disposed of,(c) the post-sale information.(5) The stock and station agent must, within 7 days after selling the identifiable stock, provide the purchaser with a copy of the delivery information in relation to the stock and the property identification code or address of the saleyard at which the stock were sold and the purchaser of the stock must keep a copy of that information for a period of at least 7 years (or 3 years in the case of pigs) from the date of the sale.(6) A stock and station agent who takes delivery of identifiable stock at a saleyard or who sells or otherwise disposes of identifiable stock at a saleyard, must by the close of business of the saleyard on each working day, provide the operator of the saleyard with the delivery information or post-sale information provided to the agent in relation to the stock.(7) The operator of the saleyard must keep for at least 2 years a record of the delivery information and post-sale information.cl 35: Am 2018 (394), Sch 1 [7] [8].
36 Abattoirs
(1) A person who delivers identifiable stock to an abattoir must provide the operator of the abattoir with the delivery information in relation to the stock.(2) The operator of the abattoir must keep for at least 2 years a record of the delivery information and the property identification code or address of the abattoir and must produce the record for inspection if requested to do so by a food inspector.(3) The operator of an abattoir must ensure that identifiable stock is not slaughtered at the abattoir unless the delivery information has been obtained in respect of the stock (unless the stock is required to be slaughtered for humane reasons on the direction of an authorised officer, food inspector, animal welfare inspector or a veterinary practitioner).
37 Farm properties
(1) A person who delivers identifiable stock to a farm property must provide the person taking charge of the stock at the property with the delivery information in relation to the stock and the person in charge (if that person is not the owner of the stock) must provide the delivery information to the owner of the stock.(2) The owner of the stock must keep for at least 7 years (or 3 years in the case of pigs) a record of the delivery information and the property identification code of the property.(3) This clause does not apply to identifiable stock arriving at a farm property in the following circumstances—(a) the stock arrives at the farm property from a contiguous property and will be returned to that contiguous property within 2 days,(b) the stock arrives at the farm property from a contiguous property because the stock are grazed continuously between those 2 properties,(c) the stock arrive at the farm property from part of the same farm property by a route that required the stock to leave the farm property and the stock have been off the farm property for no more than 7 days and in that time have only been on public roads, travelling stock reserves or stock watering places,(d) the stock arrive at the farm property from a travelling stock reserve or stock watering place and are passing through the farm property on route to a different travelling stock reserve or stock watering place and will return to that first travelling stock reserve or stock watering place within 7 days.(4) This clause does not apply to identifiable stock that is a pig arriving at a farm property if—(a) the pig will continue to be owned by the same person following the pig’s arrival, and(b) the pig is not arriving for the purposes of a stock event or show or to be sold by public auction at the farm property, and(c) the farm property is accredited by the Australian Pork Industry Quality Assurance Program, and the accreditation is in force, and(d) the arrival of the pig is recorded in the PigPass database within 2 days of the pig’s delivery.cl 37: Am 2018 (394), Sch 1 [7] [9].
38 Stock events
(1) A person who delivers identifiable stock to a property for the purposes of a stock event on the property must provide the operator of the stock event with the delivery information in relation to the stock.(2) The operator of the stock event must keep for at least 7 years (or 3 years in the case of pigs) a record of the delivery information and the property identification code of the property.cl 38: Am 2018 (394), Sch 1 [7].
39 Goat depots
(1) A person who delivers goats to a goat depot must provide the operator of the goat depot with the delivery information in relation to the goats.(2) The operator of a goat depot must ensure that the goats are not sold or otherwise disposed of unless the delivery information has been obtained in relation to the goats.(3) A person who purchases or otherwise acquires the goats must, before the goats leave the goat depot, provide the operator of the goat depot with the property identification code of the property to which the goats are to be sent (the post-sale information).(4) The operator of the goat depot must keep in relation to the goats a record of—(a) the delivery information and the property identification code of the goat depot for at least 7 years, and(b) the post-sale information for at least 2 years.(5) The operator of a goat depot must ensure that, when goats leave the goat depot, the delivery information in relation to the goats and the property identification code of the goat depot is provided (by the close of business on the day following the day that the goats leave the goat depot) to the person who has bought or taken possession of the goats and that person must keep a record of the information for at least 7 years.
40 Cattle scale operations
(1) A person who delivers cattle to a cattle scale operation must provide the operator of the cattle scale operation with the delivery information in relation to the cattle.(2) The operator of a cattle scale operation must ensure that cattle are not sold or otherwise disposed of unless the delivery information has been obtained in relation to the cattle.(3) A person who purchases or otherwise acquires the cattle must, before the cattle leave the cattle scale operation, provide the operator of the cattle scale operation with the property identification code of the property to which the cattle are to be sent (the post-sale information).(4) The operator of a cattle scale operation must keep in relation to the cattle a record of—(a) the delivery information and the property identification code of the cattle scale operation for at least 7 years, and(b) the post-sale information for at least 2 years.(5) The operator of a cattle scale operation must ensure that, when cattle leave the cattle scale operation, the delivery information in relation to the cattle and the property identification code of the cattle scale operation are—(a) if the property to which the cattle are to be sent is an abattoir—provided to the operator of the abattoir by the close of business on the day that the cattle leave the possession of the cattle scale operation and the owner of the abattoir must keep a record of the information for at least 7 years, or(b) in any other case—provided to the person who has bought or taken possession of the cattle by the close of business on the day following the day that the cattle leave the cattle scale operation and the person must keep a record of the information for at least 7 years.(6) In this clause, cattle are delivered to and leave a cattle scale operation when the cattle scale operation obtains possession of the cattle or ceases to have possession of the cattle.
Division 2 Reporting and record keeping
pt 4, div 2, hdg: Am 2018 (394), Sch 1 [10].
41 Meaning of “transaction information”
In this Division—transaction information, in relation to a reportable transaction of identifiable stock, means the following—(a) the type of transaction,(b) the date the transaction occurred,(c) the relevant identification particulars of the stock involved in the transaction,(d) the serial number of any NLIS movement document created in relation to the transaction,(e) if the transaction is a reportable transaction at a property—(i) the property identification code of the property, or(ii) in the case of a saleyard or abattoir—the property identification code of the saleyard or abattoir or any other unique code or number assigned to the saleyard or abattoir by the NLIS administrator,(f) the property identification code of the previous property,(g) in the case of sheep, goats or pigs—(i) the number of sheep, goats or pigs involved in the transaction, and(ii) whether the sheep, goats or pigs were bred on the previous property.cl 41: Am 2018 (394), Sch 1 [11].
42 (Repealed)
cl 42: Rep 2018 (394), Sch 1 [12].
43 Saleyards
(1) For the purposes of this clause, the following are reportable transactions at a saleyard—(a) the sale of any identifiable stock at the saleyard,(b) the movement of any unsold identifiable stock from the saleyard.(2) The operator of a saleyard at which a reportable transaction has occurred must ensure that the NLIS administrator is provided with the following information—(a) the transaction information in relation to the reportable transaction,(b) if the stock involved in the transaction were held by a stock and station agent before being sent to the saleyard—the agent identification code of the stock and station agent,(c) if a stock and station agent has taken possession of the stock involved in the transaction—the agent identification code of the agent,(d) if the stock involved in the transaction are to be sent to a property—the property identification code of the property,(e) if the identifiable stock involved in the transaction are sheep, goats or pigs—a copy of any NLIS movement document created in relation to the transaction.(3) Information provided to the NLIS administrator under this clause must be provided—(a) if the identifiable stock are cattle and the reportable transaction is the sale of those cattle for the purpose of slaughter at an abattoir—by the close of business of the saleyard on the day of the sale, or(b) in any other case—by the close of business of the saleyard on the next working day after the reportable transaction occurs.(4) The operator of a saleyard must ensure that, on any day on which cattle, sheep, goats or pigs are sold at the saleyard a record is made, by the close of business on that day, of the number of cattle, sheep, goats or pigs sold on that day (the daily sale information).(5) The operator of the saleyard must keep a record of the daily sale information for at least 2 years.cll 43–45: Am 2018 (394), Sch 1 [11].
44 Stock and station agents
(1) For the purposes of this clause, identifiable stock being sent to a stock and station agent is a reportable transaction in respect of the agent.(2) A stock and station agent in respect of whom a reportable transaction has occurred, must provide the NLIS administrator with the following information—(a) the transaction information in relation to the reportable transaction,(b) the agent’s agent identification code,(c) if the stock and station agent is still in possession of the stock involved in the transaction (the relevant stock)—the property identification code of the property at which the stock are being held,(d) if the stock and station agent is no longer in possession of the relevant stock—the property identification code of the property to which the stock were moved (the receiving property) and the date on which the stock were moved to the receiving property.(3) Information provided to the NLIS administrator under this clause is to be provided within 2 days after the reportable transaction occurs.(4) A stock and station agent must, by the close of business on each working day make a record of the following in relation to any reportable transactions occurring on that day and keep the record for at least 2 years—(a) the relevant identification particulars of the relevant stock,(b) if the relevant stock are sheep, goats or pigs—the number of sheep, goats or pigs,(c) each movement of the relevant stock from the time the stock left the previous property until their arrival at the receiving property, including the property identification code of each property at which the stock have been held during that time.(5) The owner of identifiable stock sent to a stock and station agent must provide the agent with the property identification code of the previous property.cll 43–45: Am 2018 (394), Sch 1 [11].
45 Abattoirs
(1) For the purposes of this clause, the following are reportable transactions at an abattoir—(a) the slaughter of any identifiable stock at the abattoir,(b) the movement of any living identifiable stock from the abattoir.(2) The operator of an abattoir at which a reportable transaction has occurred must ensure that the NLIS administrator is provided with the following information—(a) the transaction information in relation to the reportable transaction,(b) if the reportable transaction was the movement of living identifiable stock from the abattoir—the property identification code of the property to which the stock were moved,(c) if the identifiable stock involved in the transaction are sheep, goats or pigs that did not arrive from a saleyard—a copy of any NLIS movement document created in relation to the transaction.(3) Information provided to the NLIS administrator under this clause is to be provided—(a) if the identifiable stock are cattle and the abattoir is a knackery within the meaning of Part 9 of the Food Regulation 2015 and the cattle do not become abattoir meat (within the meaning of that Part) after slaughter—within 7 days after the reportable transaction occurs, or(b) in any other case—by the close of business on the next working day following the day on which the reportable transaction occurs.(4) The operator of an abattoir at which identifiable stock has been slaughtered or held on a particular day must ensure that, by the close of business of the abattoir, a record is made of the number of each type of identifiable stock that have been slaughtered at the abattoir on that day and the number of each type of living identifiable stock held at the abattoir at the close of business (the daily business information).(5) The operator of the abattoir must keep a record of the daily business information for at least 2 years and must ensure that the record is produced for inspection if requested to do so by a food inspector.cll 43–45: Am 2018 (394), Sch 1 [11].
46 Farm property
(1) For the purposes of this clause, the movement of identifiable stock to a farm property is a reportable transaction at the property unless the stock is moved to the property—(a) directly from a saleyard or from the custody of a stock and station agent, or(b) for the purposes of a stock event being held on the property.(2) The owner of identifiable stock involved in a reportable transaction at a farm property must ensure that the NLIS administrator is provided with the transaction information in relation to the reportable transaction.(3) Information provided to the NLIS administrator under this clause is to be provided within 2 days after the reportable transaction occurs or before the identifiable stock involved in the transaction are moved from the property (whichever occurs first).
47 Stock event
(1) For the purposes of this clause, the following are reportable transactions in respect of a stock event—(a) the movement of any identifiable stock to the stock event property for the purposes of the event,(b) the movement of any identifiable stock involved in the event from the stock event property.(2) The operator of a stock event at which a reportable transaction has occurred must ensure that the NLIS administrator is provided with the following information—(a) the transaction information in relation to the reportable transaction,(b) if the reportable transaction is the movement of identifiable stock from the stock event property—the property identification code of the property to which the stock were moved.(3) Information provided to the NLIS administrator under this clause is to be provided within 2 days after the reportable transaction occurs.(4) A person who moves identifiable stock involved in a stock event from a stock event property must provide the operator of the event with the property identification code of the property to which the stock are being moved. Clause 33 applies to this subclause in the same way as it applies to a provision of Division 1.(5) If cattle are at the stock event property for less than 3 days the only information that is required to be provided to the NLIS administrator under this clause in relation to a reportable transaction is the following—(a) the relevant identification particulars of the cattle,(b) the date the cattle are at the stock event,(c) the property identification code of the property on which the stock event is conducted,(d) the serial number of any NLIS movement document created in relation to the transaction.
48 Goat depots
(1) For the purposes of this clause, the following are reportable transactions at a goat depot—(a) the sale of any goats at the goat depot,(b) the movement of any unsold goats from the goat depot.(2) The operator of a goat depot at which a reportable transaction has occurred must ensure that the NLIS administrator is provided with the following information—(a) the transaction information in relation to the reportable transaction,(b) the property identification code of the property to which the goats are moved following the transaction,(c) a copy of any NLIS movement document created in relation to the transaction.(3) Information provided to the NLIS administrator under this clause is to be provided within 2 days after the reportable transaction occurs.(4) The operator of a goat depot at which goats have been sold on a particular day must ensure that, by the close of business of the goat depot on that day, a record is made of the number of goats sold on that day (the daily sale information).(5) The operator of the goat depot must keep a record of the daily sale information for at least 2 years.
49 Cattle scale operations
(1) For the purposes of this clause, the following are reportable transactions in respect of a cattle scale operation—(a) cattle coming into the possession of the cattle scale operation,(b) the sale of any cattle in the possession of the cattle scale operation,(c) any unsold cattle ceasing to be in the possession of the cattle scale operation.(2) The operator of a cattle scale operation in respect of which a reportable transaction has occurred must ensure that the NLIS administrator is provided with the following information—(a) the transaction information in relation to the reportable transaction,(b) the property identification code of the cattle scale operation,(c) if the cattle scale operation is still in possession of the cattle involved in the transaction—the property identification code of the property at which the cattle are being held (if different from the property identification code of the cattle scale operation),(d) if the cattle scale operation is no longer in possession of the cattle involved in the transaction—the property identification code of the farm property, saleyard or abattoir to which the cattle were moved (the receiving property) and the date on which the cattle were moved to the receiving property.(3) Information provided to the NLIS administrator under this clause must be provided—(a) if the reportable transaction is the sale of cattle for the purpose of slaughter at an abattoir—by the close of business of the cattle scale operation on the day of the sale, or(b) in any other case—by the close of business of the cattle scale operation on the next working day after the reportable transaction occurs.(4) The operator of a cattle scale operation on a day on which cattle in the possession of the cattle scale operation have been sold must ensure that, by the close of business of the cattle scale operation on that day, a record is made of the number of cattle sold on that day (the daily sale information).(5) The operator of the cattle scale operation must keep a record of the daily sale information for at least 2 years.
50 Reporting to NLIS administrator about live export
The owner of identifiable stock must ensure that, within 2 days after the stock are embarked alive for overseas export, the NLIS administrator is provided with the following information—(a) that the stock have embarked for overseas export and the date on which this occurred,(b) the relevant identification particulars of the stock,(c) the property identification code of the property at which the stock were held before embarking for overseas export.
51 Reporting to NLIS administrator about death of cattle
The operator of a saleyard or an abattoir, or a stock and station agent, to which cattle have been sent, must ensure that, by the close of business on the next working day after the death (other than by being slaughtered at an abattoir) of any of those cattle, the NLIS administrator is provided with the following information—(a) that the cattle have died and the date on which this occurred (or if this is not known, the date the person became aware of the death),(b) the relevant identification particulars of the cattle.
Part 5 Registers
52 Purposes of registers
Registers under this Part are maintained for the following purposes—(a) to facilitate and assist the operation of the stock identification schemes established under this Regulation,(b) to protect public health and safety,(c) to assist in controlling disease and residues in stock or in animal products,(d) to assist in enabling the disease and residue risk or status of stock or any animal products to be ascertained,(e) to facilitate the determination of ownership of stock or any animal products,(f) to assist in tracing the movement of stock or any animal products,(g) to assist in the investigation of the loss or theft of stock,(h) to facilitate the dissemination of information in relation to the production and marketing of stock or any animal products,(i) to assist in the assessment and management of the welfare of animals,(j) to assist with the management of land used by stock,(k) to assist with the administration and the exercise of functions under the Local Land Services Act 2013.Note—Registers are subject to Part 6 of the Privacy and Personal Information Protection Act 1998.
53 District registers
(1) A district registrar is to maintain a register (a district register) that contains the following—(a) the status and particulars of each property identification code assigned by the district registrar, along with the following information—(i) the name and location of the property to which the code has been assigned,(ii) the lot and DP numbers of the property,(iii) the full name, residential address, postal address, email address (if any) and telephone number of the owner or occupier of the property,(iv) the number and type of stock kept on the property (as disclosed in the latest annual return lodged under the Local Land Services Act 2013),(b) the status and particulars of each district code assigned by the district registrar,(c) the status and particulars of each agent identification code assigned by the district registrar, along with the name, address and telephone number of the stock and station agent to whom the code has been assigned.(2) The district registrar must within 7 days after entering information in the register provide the information to the Secretary in an electronic form that enables it to be readily uploaded to the State register.(3) The district registrar must, if requested to do so—(a) allow an authorised person to have access at any time to the information contained in the register free of charge, and(b) provide that information to the authorised person in the manner and time requested by the person.(4) A district registrar may allow any other person to have access at any reasonable time to the information recorded in a district register if satisfied that the information is to be used for a purpose for which the registers under this Part are maintained.(5) In this clause—means any of the following—(a) the Secretary,(b) an authorised officer,(c) a food inspector,(d) an animal welfare inspector.
54 State register
(1) The Secretary is to maintain a register (the State register) that contains—(a) information provided by a district registrar to the Secretary under this Part, and(b) information that the Secretary considers necessary having regard to the purposes for which the registers under this Part are maintained.(2) The Secretary must, if requested to do so—(a) allow an authorised person to have access at any time to the information contained in the register free of charge, and(b) provide that information to the authorised person in the manner and time requested by the person.(3) The Secretary may allow any other person to have access at any reasonable time to the information contained in the register if satisfied that the information is to be used for a purpose for which the registers under this Part are maintained.(4) The Secretary must also provide information of a particular kind to the NLIS administrator on an ongoing basis if requested by the NLIS administrator to do so. Any information of that kind is to be provided within 7 days after it is entered in the State register and is to be provided in the manner requested by the NLIS administrator.(5) Contributions for the purposes of maintaining the State register are payable by Local Land Services in such amounts, and at such times, as may be agreed between the Secretary and Local Land Services or, in the absence of such agreement, as may be determined by the Minister.(6) The contributions are to be paid to the Secretary out of the money paid to Local Land Services as rates under the Local Land Services Act 2013 and out of money collected under this Part.(7) In this clause—means any of the following—(a) the NLIS administrator,(b) a district registrar,(c) an authorised officer,(d) a food inspector,(e) an animal welfare inspector.
55 NLIS register
(1) The NLIS administrator is to maintain a register (the NLIS register) of the information that is provided to the NLIS administrator under this Part.(2) The NLIS administrator must, if requested to do so—(a) allow an authorised person to have access at any time to the information contained in the register free of charge, and(b) provide that information to the authorised person in the manner and time requested by the person.(3) The NLIS administrator or an authorised person may allow any other person to have access at any reasonable time to the information contained in the register if satisfied that the information is to be used for a purpose for which the registers under this Part are maintained.(4) In this clause—means any of the following—(a) the Secretary,(b) a district registrar,(c) an authorised officer,(d) a food inspector,(e) an animal welfare inspector.
Part 6 Miscellaneous provisions
56 NLIS administrator
(1) The Secretary may, from time to time, approve of a person or body to be the NLIS administrator for the purposes of this Regulation.(2) The approval of a person or body as the NLIS administrator—(a) is subject to such conditions as the Secretary thinks fit to impose, and(b) may be revoked for such reasons as the Secretary thinks fit.
57 Provision of information to NLIS administrator and other persons
(1) A person who is required to provide information to the NLIS administrator under this Regulation is required to provide the information in an electronic form that permits it to be readily uploaded to the NLIS register or in any other form approved by the NLIS administrator.(2) A person who is required to provide information under this Regulation to another person (not being the NLIS administrator) must provide the information in a manner and form approved by the Secretary.(2A) Information required to be provided under this Regulation to the NLIS administrator or another person in relation to pigs is to be provided on the PigPass database.(3) The operator of a business in respect of which information is required to be provided to the NLIS administrator under this Regulation must ensure that systems are in place to ensure that the information is accurate and that any inaccurate information is promptly corrected.cl 57: Am 2018 (394), Sch 1 [13].
58 General provisions relating to orders
(1) An order made under this Regulation may—(a) apply generally or be limited in its application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind.(2) Any such order takes effect—(a) on the day it is published in the Gazette, or(b) on a later date specified in the order.(3) The Secretary is to ensure that any order made under this Regulation is placed on the Department’s website as soon as practicable after its publication in the Gazette.Note—At the time of the commencement of this Regulation, the Department’s website is www.dpi.nsw.gov.au.(4) Failure to comply with subclause (3) does not invalidate an order.
59 Operators of goat depots must be registered
(1) A person must not operate a goat depot unless the person is registered with the Secretary.(2) The Secretary may impose such reasonable conditions on the registration of a person under this clause as the Secretary sees fit, including a condition specifying the location of the goat depot operated by the person.(3) The Secretary may suspend or cancel a person’s registration if the person fails to comply with any such condition.(4) A person must comply with the conditions on the person’s registration.cl 59: Am 2023 (47), Sch 3[4] [5].
59A Location of goat depots
(1) A person must not operate a goat depot in a location other than a location specified as a condition on the person’s registration under clause 59.(2) Despite subclause (1), a person may operate a goat depot in another location if the person gives written notice to the Secretary of the location, including the property identification code, at least 7 days before the person starts operating the goat depot at the location.cl 59A: Ins 2023 (47), Sch 3[6].
60 Biosecurity directions
For the purposes of section 130 (1) (k) of the Act, giving an individual biosecurity direction requiring an owner or person in charge of identifiable stock to properly identify the stock (even if the stock is not otherwise required to be permanently identified) and to provide the relevant identification particulars of the stock is authorised.
61 Power of authorised officer to change status
(1) An authorised officer may assign, amend or change a status on the NLIS register in respect of identifiable stock if the authorised officer knows or reasonably suspects that—(a) the stock is chemically affected, or(b) the stock poses a biosecurity risk.(2) An authorised officer is to change or remove the status in respect of the identifiable stock if the authorised officer is subsequently satisfied that the stock was not chemically affected or no longer poses a biosecurity risk.
Schedule 1 Stock identification districts
(Clause 3)
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