Livestock Disease Control Amendment Regulations
2010
S.R. No. 39/2010
TABLE OF PROVISIONS
Regulation
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Page
Objectives
Authorising provision
Commencement
Principal Regulations
Definitions
Notification of certain diseases (other than exotic diseases)
Livestock prescribed for the purposes of section 9B
Restrictions on introduction of bees, bee products, pollen
and used beekeeping fittings
Revocation of regulation 48 of the Principal Regulations
Record of sales of semen from cattle sires
Manner of applying for compensation
Definitions and interpretation
Records of sale, purchase and movement of livestock
Auctioneer of cattle not sold from saleyard to record
movement information and forward it to Secretary
Livestock manager to record movement information and
forward it to Secretary
Returns furnished by approved agent for sales and purchases
of livestock
Invoices issued to purchasers in relation to the sale of cattle
Invoices issued to purchasers in relation to the sale of sheep
or goats
New regulation 71A inserted
71A
Invoices and statements issued in relation to the sale
of pigs
Disclosure of identification information
Prescribed penalty for infringement offence
77
Infringement offences against the Act
New regulation 77A inserted
77A
Infringement penalties and offences for offences
against these Regulations
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Regulation
Page
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Schedule 2—Notification of diseases
Schedule 6—Introduction of bees, bee products, fodder
or used beekeeping fittings into Victoria
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ENDNOTES
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STATUTORY RULES 2010
S.R. No. 39/2010
Livestock Disease Control Act 1994
Livestock Disease Control Amendment Regulations
2010
The Lieutenant-Governor as the Governor's deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 15 June 2010
Responsible Minister:
JOE HELPER
Minister for Agriculture
TOBY HALLIGAN
Clerk of the Executive Council
1 Objectives
The objectives of these Regulations are to amend
the Livestock Disease Control Regulations
2006—
(a) to prescribe matters relating to the
notification of livestock disease;
(b) to prescribe horses as a class of livestock for
the purposes of the Act;
(c) to prescribe matters relating to the disclosure
of identification information relating to
property identification code records;
(d) to prescribe infringement offences and
penalties;
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(e) to make consequential and miscellaneous
amendments.
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 1 July
2010.
4 Principal Regulations
In these Regulations, the Livestock Disease
Control Regulations 20061 are called the Principal
Regulations.
5 Definitions
In regulation 4 of the Principal Regulations—
(a) after the definition of authorised officer
insert—
"bovine malignant tumour of the eye larger
than 2 cm means a squamous cell
carcinoma of the ocular, periocular, or
both tissues of a size greater than
2 centimetres in any plane, including
conditions commonly known as cancer
eye or bovine malignant tumour of the
eye;";
(b) in the definition of NLIS device for "is
designed to record" substitute "records";
(c) in the definition of NLIS ear tag for "is
designed to record" substitute "records";
(d) for the definition of poultry substitute—
"poultry means chickens, turkeys, guinea
fowl, ducks, geese, quails, pigeons,
pheasants, partridges, emus or
ostriches, reared or kept in captivity;".
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6 Notification of certain diseases (other than exotic
diseases)
In regulation 5 of the Principal Regulations—
(a) in subregulation (1)(b) for "within 7 days—"
substitute "within 7 days; and";
(b) after subregulation (1)(b) insert—
"(c) of the presence of a disease not listed in
Schedule 2, (other than an exotic
disease) within 12 hours—";
(c) after subregulation (2)(c) insert—
"(ca) the number and type of livestock on the
property;
(cb) the number of animals that are affected
and the number that are not affected;
(cc) a description of the signs or symptoms
of the disease;
(cd) whether a veterinarian has been
consulted for the purposes of
determining whether the livestock,
livestock product or hive is infected
with any disease;
(ce) if a veterinarian has been consulted in
accordance with paragraph (cd), the
name and contact details of the
veterinarian;".
7 Livestock prescribed for the purposes of section 9B
(1) In regulation 22(1) of the Principal Regulations—
(a) after "goats," insert "horses,";
(b) omit "(where the flock exceeds 500 birds)".
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(2) For regulation 22(2) of the Principal Regulations
substitute—
"(2) Subregulation (1) does not apply to—
(a) goats that are not farmed goats confined
on a property and managed for the
production of milk, fibre or meat; and
(b) poultry where the flock is smaller than
100 birds;
(c) in the case of poultry that are emus or
ostriches, where the flock is smaller
than 10 birds.".
8 Restrictions on introduction of bees, bee products,
pollen and used beekeeping fittings
(1) For regulation 35(3) of the Principal Regulations
substitute—
"(3) A person must not introduce into Victoria
any bees (including queen cells, queen bees,
escorts, packaged bees), bee products, pollen
or used beekeeping fittings unless they are—
(a) from an apiary recognised by the State
or Territory of the Commonwealth in
which the apiary is located as not
showing symptoms of American foul
brood disease; and
(b) from hives not showing field symptoms
of any other disease of bees.".
(2) At the foot of regulation 35(6) of the Principal
Regulations insert—
"Penalty: 5 penalty units.".
9 Revocation of regulation 48 of the Principal
Regulations
Regulation 48 of the Principal Regulations is
revoked.
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10 Record of sales of semen from cattle sires
(1) For the heading to regulation 51 of the Principal
Regulations substitute—
"Record of sales of semen from sires".
(2) In regulation 51(1) of the Principal Regulations,
for "bull" (wherever occurring) substitute "sire".
11 Manner of applying for compensation
In regulation 53(2)(h) of the Principal
Regulations, after "section 95(5)" insert ", 95A(5)
or 95B(5)".
12 Definitions and interpretation
In regulation 55(1) of the Principal Regulations, in
the definition of scale operation, omit "on farms".
13 Records of sale, purchase and movement of livestock
For the penalty at the foot of regulations 61, 62,
63(1), 64, 65, 66, 67(1) and 68(1) of the Principal
Regulations substitute—
"Penalty: 20 penalty units.".
14 Auctioneer of cattle not sold from saleyard to record
movement information and forward it to Secretary
(1) For the heading to regulation 62 of the Principal
Regulations substitute—
"Auctioneer or selling agent of cattle sold other
than at a saleyard to record movement
information and forward it to Secretary".
(2) In regulation 62 of the Principal Regulations, after
"A person who conducts a public auction" insert
"or sale".
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15 Livestock manager to record movement information
and forward it to Secretary
In regulation 65 of the Principal Regulations—
(a) in the heading, for "Livestock manager"
substitute "Owner";
(b) for "A livestock manager of a property, who
introduces" substitute—
"An owner of livestock or property who
introduces or allows the introduction of";
(c) after "head of cattle introduced" insert
"or allowed to be introduced".
16 Returns furnished by approved agent for sales and
purchases of livestock
(1) In regulation 69 of the Principal Regulations—
(a) for subregulation (1)(a)(iv) substitute—
"(iv) the number assigned to the approved
agent under section 248A of the Duties
Act 2000; and";
(b) in subregulation (1)(b), for "their" substitute
"the person's";
(c) in subregulation (2), for "95(1A)" substitute
"95A(1)";
(d) in subregulation (2)(b), for "their" substitute
"the person's";
(e) for subregulation (2)(a)(iv) substitute—
"(iv) the number assigned to the approved
agent under section 248A of the Duties
Act 2000; and".
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(2) After regulation 69(2) of the Principal Regulations
insert—
"(3) For the purposes of section 95B of the Act, a
return for the sale of pigs must—
(a) be in writing and set out—
(i) the number of pigs or carcasses of
pigs sold; and
(ii) the amount of pig stamp duty to
be paid on the return; and
(iii) the month to which the return
relates; and
(iv) the number assigned to an
approved agent under section
248A of the Duties Act 2000; and
(b) be verified by the person making the
return setting out the person's name and
signature at the foot of the return.".
17 Invoices issued to purchasers in relation to the sale
of cattle
(1) For the heading to regulation 70 of the Principal
Regulations substitute—
"Invoices and statements issued in relation to
the sale of cattle".
(2) In regulation 70 of the Principal Regulations, after
"section 95(5)" insert "or statement issued to
sellers under section 95(7) of the Act".
18 Invoices issued to purchasers in relation to the sale
of sheep or goats
(1) For the heading to regulation 71 of the Principal
Regulations substitute—
"Invoices and statements issued in relation to
the sale of sheep or goats".
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(2) In regulation 71 of the Principal Regulations, for
"section 95(5A) of the Act" substitute "section
95A(5) of the Act or statement issued to sellers
under section 95A(7) of the Act".
19 New regulation 71A inserted
After regulation 71 of the Principal Regulations
insert—
"71A Invoices and statements issued in relation
to the sale of pigs
An invoice issued under section 95B(5) of
the Act or statement issued to sellers under
section 95B(7) of the Act must be in writing,
and must contain the following particulars in
addition to any particulars required under
that section—
(a) the date of the sale of the pigs or
carcases of pigs;
(b) the pen number of the pigs sold;
(c) the number of pigs or carcases of pigs
sold;
(d) the age, sex and class of the pigs sold;
(e) the price paid for each head of pig or
carcase of pig;
(f) the name of the person who purchased
the pigs or carcases of pigs;
(g) the property identification code of the
property from which the pigs were
dispatched prior to their sale or
slaughter or the name and address of
the person who sold the pigs or the
carcases of pigs.".
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20 Disclosure of identification information
(1) In regulation 73 of the Principal Regulations for
"For the purposes of section 107B(4)(a) of the
Act, a record maintained by the Secretary under
section 107B(1)(c) of the Act may be made
available to the following persons—" substitute
"For the purposes of section 107B(4)(a) of the
Act, a record maintained by the Secretary under
sections 107B(1)(c) and 107B(1)(d) of the Act
may be made available to the following
persons—".
(2) For regulation 73(b) of the Principal Regulations
substitute—
"(b) a person declared to be an approved agent
under section 248A of the Duties Act
2000;".
(3) In regulation 73(r) of the Principal Regulations for
"Commonwealth." substitute "Commonwealth;".
(4) After regulation 73(r) of the Principal Regulations
insert—
"(s) an employee of an approved veterinary
diagnostic laboratory;
(t) the owner of any cattle or class of livestock
prescribed for the purposes of section 9B of
the Act who has been issued with a property
identification code.".
21 Prescribed penalty for infringement offence
For regulation 77 of the Principal Regulations
substitute—
"77 Infringement offences against the Act
For the purposes of section 126 of the Act,
the infringement penalty for an offence—
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(a) against section 94A(1), 94A(2), 94B,
95(1), 95A(1), 95B(1) or 96B of the
Act is 1 penalty unit;
(b) against section 6(4), 51(1) or 51(2) of
the Act is 2 penalty units;
(c) against section 9, 9A(1), 9A(2) or
9B(1) of the Act is 3 penalty units;
(d) against section 9C(1), 9C(2), 48(1) or
115A(4) of the Act is 5 penalty units.".
22 New regulation 77A inserted
After regulation 77 of the Principal Regulations
insert—
"77A Infringement penalties and offences for
offences against these Regulations
(1) For the purposes of section 126(1) of the
Act, regulations 61, 62, 63(1), 64, 65, 67(1)
and 68(1) are prescribed.
(2) For the purposes of section 129 of the Act,
the infringement penalty for an offence
against regulation 61, 62, 63(1), 64, 65,
67(1) or 68(1) is 3 penalty units.".
23 Schedule 2—Notification of diseases
(1) In Part A of Schedule 2 to the Principal
Regulations—
(a) for "Pullorum disease (Salmonella
Pullorum)" substitute "Pullorum disease
(Salmonella Pullorum)"; and
(b) for "Braula fly (Braula coeca)" substitute
"Braula fly (Braula coeca)".
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(2) For Part B of Schedule 2 to the Principal
Regulations substitute—
"PART B—DISEASES THAT MUST BE
NOTIFIED WITHIN 7 DAYS
Diseases of mammals and birds
Anaplasmosis
Babesiosis
Bovine genital campylobacteriosis
Bovine malignant catarrh
Bovine malignant tumour of the eye larger than 2 cm
Buffalo fly
Caprine arthritis encephalitis
Cysticercosis (C. bovis)
Enzootic bovine leukosis
Equine infectious anaemia
Equine piroplasmosis (Babesia caballi and Bebesia equi)
Equine viral arteritis
Infectious bovine rhinotracheitis
Johne's disease
Lead poisoning in food producing livestock
Leptospirosis
Listeriosis
Mucosal disease
Ovine brucellosis
Ovine footrot
Ovine ked
Ovine lice
Salmonellosis
Strangles
Trichomoniasis
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Tuberculosis—non-bovine
Verocytotoxigenic E.coli
Diseases of bees
Chalk brood disease
European foul brood disease
Nosema
Small hive beetle (Aethina tumida)
Diseases of fish
Fin Fish
Aeromonas salmonocida (atypical strains)
Epizootic haematopoietic necrosis (EHN virus)
Diseases of molluscs
Bonamiosis (Bonamia sp.)
Diseases of amphibians
Chytridiomycosis (Batrachochytrium dendrobatidis)
Ranavirus".
24 Schedule 6—Introduction of bees, bee products,
fodder or used beekeeping fittings into Victoria
(1) In Part A of Schedule 6 to the Principal
Regulations omit "(Paenibacillus larvae
subspecies larvae)".
(2) In Part B of Schedule 6 to the Principal
Regulations—
(a) omit the words and expressions—
"*2. The hives from which *queen
bees/*queen cells/*escorts/*packaged bees
described in the certification in Part A are
from have been inspected on
[date]
and no evidence of disease was found.";
(b) for the words and expressions "*3. There is
no" substitute "*2. There is no".
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ENDNOTES
1
Reg. 4: S.R. No. 172/2006.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within
the meaning of section 110 of the Sentencing Act 1991. The amount of the
penalty is to be calculated, in accordance with section 7 of the Monetary
Units Act 2004, by multiplying the number of penalty units applicable by the
value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2010 is
$119.45.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
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Endnotes