Livestock Disease Control (Amendment)
Regulations 2004
S.R. No. 1/2004
TABLE OF PROVISIONS
Regulation
1.
2.
3.
4.
5.
6.
7.
8.
9.
Page
Objective
Authorising provision
Commencement
Principal Regulations
New Division heading
New regulation 37AA inserted
37AA. Property identification numbers
Records of sale
Records of purchase
New Division 2 inserted
1
1
1
2
2
2
2
3
3
4
Division 2—Information about the Identification of Livestock
4
37D.
37E.
37F.
4
5
37G.
37H.
37I.
Application of this Division
Meaning of "sale information"
Cattle scale operator to record sale information and
notify Secretary
Auctioneer of cattle outside of a saleyard to record sale
information and notify Secretary
Auctioneer of cattle at a saleyard to provide information
to saleyard operator
Saleyard operator to record sale information and notify
Secretary
═══════════════
ENDNOTES
6
6
7
8
9
i
STATUTORY RULES 2004
S.R. No. 1/2004
Livestock Disease Control Act 1994
Livestock Disease Control (Amendment)
Regulations 2004
The Governor in Council makes the following Regulations:
Dated: 20 January 2004
Responsible Minister:
BOB CAMERON
Minister for Agriculture
STEPHANIE LENN
Acting Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Livestock Disease Control Regulations 1995—
(a) to prescribe information required for records
of sale and purchase of livestock; and
(b) to make provision for the recording of
information about the identification of cattle.
2. Authorising provision
These Regulations are made under section 139 of
the Livestock Disease Control Act 1994.
3. Commencement
These Regulations come into operation on
23 January 2004.
1
Livestock Disease Control (Amendment) Regulations 2004
S.R. No. 1/2004
4. Principal Regulations
In these Regulations, the Livestock Disease
Control Regulations 19951 are called the Principal
Regulations.
5. New Division heading
After the heading "PART 7A—RECORDS OF
SALE" of the Principal Regulations insert—
"Division 1—Records of Sale and Purchase".
6. New regulation 37AA inserted
Before regulation 37A of the Principal
Regulations insert—
"37AA. Property identification numbers
For the purposes of this Part, if a property
identification number is to be used—
(a) the property identification code or
number allocated by the Secretary
under section 9B of the Act must be
used; or
(b) if the livestock—
(i) were held on a property in a State
or Territory other than Victoria
before the sale; or
(ii) are to be held on a property in a
State or Territory other than
Victoria after the sale—
the property identification code or
number applied in accordance with the
laws of that State or Territory must be
used; or
(c) if a property identification number or
code has not been allocated by the
Secretary under section 9B of the Act,
2
r. 4
Livestock Disease Control (Amendment) Regulations 2004
r. 7
S.R. No. 1/2004
or in accordance with the laws of a
State or Territory other than Victoria,
the address of the property (not being a
saleyard) on which the livestock were
held before the sale or are to be held
after the sale (as required by this Part)
may be used.".
7. Records of sale
(1) In regulation 37A(1) of the Principal
Regulations—
(a) after paragraph (a) insert—
"(ab) a prescribed business is an auctioneer;";
(b) for paragraph (b)(vii) substitute—
"(vii) in the case of cattle, the property
identification number for the property
where the cattle—
(A) were held before the sale (not
being the saleyard where the cattle
were sold);
(B) are to be held after the sale, if
provided by the purchaser of the
cattle.".
(2) Regulation 37A(2) of the Principal Regulations is
revoked.
8. Records of purchase
In regulation 37B of the Principal Regulations—
(a) for paragraph (a) substitute—
"(a) a prescribed business is—
(i) a cattle scale operator; or
(ii) a farmer; or
3
Livestock Disease Control (Amendment) Regulations 2004
S.R. No. 1/2004
(iii) a grazier; or
(iv) a livestock buyer;";
(b) after paragraph (a) insert—
"(ab) a prescribed species of livestock is
cattle;";
(c) in paragraph (b), for "prescribed particulars
of a business referred to in paragraph (a)"
substitute "prescribed particulars about the
livestock purchased";
(d) for paragraph (b)(ii) substitute—
"(ii) the property identification number for
the property where the livestock are to
be held after the sale;";
(e) after paragraph (b) insert—
"(c) a prescribed seller is a person who
carries on business as—
(i) an auctioneer; or
(ii) a cattle scale operator.".
9. New Division 2 inserted
After regulation 37C of the Principal Regulations
insert—
'Division 2—Information about the
Identification of Livestock
37D. Application of this Division
(1) This Division applies to cattle identified by a
device—
(a) that—
(i) is made or sold by a person
authorised in writing by the
Secretary to make or sell
identification devices intended for
4
r. 9
Livestock Disease Control (Amendment) Regulations 2004
r. 9
S.R. No. 1/2004
identifying livestock for the
purposes of section 9 or 9A of the
Act; or
(ii) complies with the laws of a State
or Territory other than Victoria
that correspond with section 9 or
9A of the Act; and
(b) that contains a microchip from which
the information recorded on the
microchip can be retrieved
electronically.
(2) This Division does not apply to cattle sold—
(a) at a public auction conducted entirely
by electronic means; or
(b) for slaughter within the 7 day period
immediately after the sale.
37E. Meaning of "sale information"
In this Division, "sale information", in
relation to cattle referred to in regulation
37D(1), means—
(a) the identification code and number
incorporated in the electronic
microchip; and
(b) the serial number on the vendor
declaration form accompanying the
cattle (if supplied by the vendor to the
person conducting the public auction or
to the person carrying on a business as
a cattle scale operator); and
(c) the date of the sale; and
5
Livestock Disease Control (Amendment) Regulations 2004
S.R. No. 1/2004
(d) the property identification number for
the property where the cattle were held
before the sale (not being the saleyard
where the cattle were sold); and
(e) the property identification number for
the property where the cattle are to be
held after the sale, if provided by the
purchaser of the cattle.
37F. Cattle scale operator to record sale
information and notify Secretary
A person who carries on business as a cattle
scale operator must—
(a) record the sale information for each
head of cattle sold in the manner
approved by the Secretary by notice
published in the Government Gazette;
and
(b) notify the Secretary or a person
nominated by the Secretary of that sale
information by close of business on the
next day after the sale of the cattle, in
the manner and by the method of
transmission approved by the Secretary
by notice published in the Government
Gazette.
Penalty: 5 penalty units.
37G. Auctioneer of cattle outside of a saleyard
to record sale information and notify
Secretary
A person who conducts a public auction of
cattle, other than at a saleyard, must—
(a) record the sale information for each
head of cattle sold in the manner
approved by the Secretary by notice
6
r. 9
Livestock Disease Control (Amendment) Regulations 2004
r. 9
S.R. No. 1/2004
published in the Government Gazette;
and
(b) notify the Secretary or a person
nominated by the Secretary of that sale
information by close of business on the
next day after the sale of the cattle, in
the manner and by the method of
transmission approved by the Secretary
by notice published in the Government
Gazette.
Penalty: 5 penalty units.
37H. Auctioneer of cattle at a saleyard to
provide information to saleyard operator
A person who conducts a public auction of
cattle at a saleyard must for each head of
cattle sold at that auction provide—
(a) the property identification number for
the property where the cattle were held
before the sale; and
(b) the property identification number for
the property where the cattle are to be
held after the sale, if provided by the
purchaser of the cattle; and
(c) the serial number on the vendor
declaration form accompanying the
cattle (if supplied by the vendor to the
person conducting the public
auction)—
to the operator of that saleyard by midday on
the next day after the sale of the cattle.
Penalty: 5 penalty units.
7
Livestock Disease Control (Amendment) Regulations 2004
S.R. No. 1/2004
37I. Saleyard operator to record sale
information and notify Secretary
A person who operates a saleyard at which
cattle are sold must—
(a) record the sale information for each
head of cattle sold in the manner
approved by the Secretary by notice
published in the Government Gazette;
and
(b) notify the Secretary or a person
nominated by the Secretary of that sale
information by close of business on the
next day after the sale of the cattle, in
the manner and by the method of
transmission approved by the Secretary
by notice published in the Government
Gazette.
Penalty: 5 penalty units.'.
═══════════════
8
r. 9
Livestock Disease Control (Amendment) Regulations 2004
Endnotes
S.R. No. 1/2004
ENDNOTES
1
Reg. 4: S.R. No. 170/1995. Reprint No. 2 as at 28 October 1999.
Subsequently amended by S.R. Nos 81/2001, 156/2001 and 37/2003.
9