Animal (Brands and Movement) Amendment Act 1999

Animal (Brands and Movement) Amendment Act 1999

An Act to amend the Animal (Brands and Movement) Act 1984

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Animal (Brands and Movement) Amendment Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Animal (Brands and Movement) Act 1984 is referred to as the Principal Act.

4.    Long title amended

The long title of the Principal Act is amended by inserting "to provide for a system of permanent identification of cattle, sheep and other animals" after "slaughtered,".

5.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting the definition of appointed day and substituting the following definitions:

animal has the same meaning as in the Animal Health Act 1995 ;

appointed day means the day declared, by order under section 4 , to be the appointed day for the purposes of a provision of this Act;

(b) by inserting the following definition after the definition of owner :

permanent identification device means a device that –

(a) bears a unique code relating to the premises on which any animal resides when the device is attached to, or inserted in, the animal; and

(b) is intended to remain attached to, or inserted in, that animal; and

(c) is approved by the Chief Veterinary Officer to be a permanent identification device;

(c) by omitting "cattle, sheep, or pigs" three times occurring from the definition of person in charge and substituting "animal";

(d) by inserting the following definition after the definition of pig :

premises includes –

(a) any land, curtilage, building and body of water; and

(b) any place used for the handling, testing, treatment, storage, holding, processing, delivery or acceptance of any animal; and

(c) any part of premises;

6.    Part IVA inserted

After section 22 of the Principal Act , the following Part is inserted:

PART IVA - Permanent Identification Devices

Division 1 - Use of permanent identification devices

22A.   Application for authority to use permanent identification device, &c.

(1)  A person in charge of any animal resident in any premises may apply to the Registrar for permission to do one or more of the following:

(a) attach to, or insert in, any animal resident on those premises a permanent identification device;

(b) alter a permanent identification device;

(c) remove from any animal a permanent identification device;

(d) attach to, or insert in, any animal resident on those premises a second or subsequent permanent identification device.

(2)  An application is to be –

(a) in a form approved by the Registrar; and

(b) accompanied by any prescribed fee.

22B.   Grant of permission to use, &c., permanent identification device

(1)  On receipt of an application under section 22A , the Registrar may grant or refuse to grant permission to the person in charge of any animal resident on the premises specified in the application to do one or more of the following:

(a) attach to, or insert in, any animal resident on those premises a permanent identification device;

(b) alter a permanent identification device;

(c) remove from any animal a permanent identification device;

(d) attach to, or insert in, any animal resident on those premises a second or subsequent permanent identification device.

(2)  A permission granted under this section is subject to –

(a) any relevant general conditions determined under section 22E ; and

(b) any other condition specified in the permission that is not contrary to a relevant general condition determined under section 22E .

(3)  On receipt of an application under section 22A , the Registrar may refuse to grant a permission to attach to, or insert in, any animal a first, second or subsequent permanent identification device –

(a) if the applicant, or any person working under the control or direction of the applicant, has been convicted of an offence against this Act; or

(b) for any other reason the Registrar considers sufficient.

(4)  The granting of a permission to alter or remove a permanent identification device is in the discretion of the Registrar.

(5)  On refusing a permission, the Registrar must give notice, in writing, of the refusal and the reasons for the refusal to the person in charge who is refused permission.

(6)  On granting a permission, the Registrar must provide to the person in charge who is granted the permission notice, in writing, of the grant of the permission and a copy of any relevant general conditions determined under section 22E .

22C.   Appeals

(1)  A person in charge of any animal who is refused permission under section 22A to attach to, insert in or remove from an animal, or to alter, a first, second or subsequent permanent identification device may appeal to a magistrate within 14 days after receiving the notice referred to in section 22B(5) .

(2)  At the hearing of an appeal, the magistrate may –

(a) dismiss the appeal; or

(b) direct the Registrar to grant the permission.

(3)  The Registrar must comply with a direction given under subsection (2)(b) .

(4)  Subject to this section, an appeal is to be instituted, heard and determined as prescribed.

22D.   Authority of permission

(1)  A permission granted under section 22B to attach to, or insert in, any animal a first, second or subsequent permanent identification device authorises –

(a) the person in charge to whom it is granted –

(i) to possess the number of permanent identification devices specified in the permission for the purpose of attaching to, or inserting in, any animals resident on the premises specified in the permission if those permanent identification devices are encoded with the premises identification number specified in the permission; and

(ii) to attach or insert those permanent identification devices, in accordance with any relevant general conditions determined under section 22E , to or in animals resident on the premises specified in the permission; and

(b) a person working under the direction or control of the person in charge to attach or insert those permanent identification devices, in accordance with any relevant general conditions determined under section 22E , to or in animals resident on the premises specified in the permission.

(2)  A permission granted under section 22B to alter a permanent identification device attached to, or inserted in, any animal, or in the possession of the person in charge, authorises the person in charge to whom it was granted, and any person working under the direction or control of the person in charge –

(a) to alter the permanent identification device in the manner specified in the permission and in accordance with any relevant general conditions determined under section 22E ; and

(b) if necessary to effect the alteration, to remove the permanent identification device from the animal and reattach, or reinsert, the permanent identification device to, or in, the animal.

(3)  A permission granted under section 22B to remove a permanent identification device from any animal authorises the person in charge to whom it was granted, or any person working under the direction or control of the person in charge, to remove the permanent identification device –

(a) at the premises specified in the permission; and

(b) in any manner specified in the permission; and

(c) in accordance with any relevant general conditions determined under section 22E .

(4)  If a person in charge of any animal resident on the premises specified in a permission granted under section 22B to attach to, or insert in, animals on those premises a first, second or subsequent permanent identification device is succeeded by another person in charge, that other person in charge is taken to be the person to whom the permission was so granted.

22E.   General conditions for use of permanent identification device

(1)  The Chief Veterinary Officer may determine the general conditions to which a permission granted under section 22B is subject.

(2)  The general conditions may relate to one or more of the following matters:

(a) the attaching to, or insertion in, any animal of a first, second or subsequent permanent identification device;

(b) the possession of a permanent identification device;

(c) the alteration of a permanent identification device;

(d) the removal of a permanent identification device from any animal;

(e) the records to be kept by a person in charge who has, or has had, possession of any permanent identification devices or has been responsible for attaching to, or inserting in, any animal a permanent identification device;

(f) any other matter the Chief Veterinary Officer reasonably considers appropriate.

(3)  The Chief Veterinary Officer may at any time –

(a) amend the determination of the general conditions; and

(b) revoke the determination of the general conditions; and

(c) revoke a determination of the general conditions and substitute a new determination.

(4)  As soon as practicable after making, amending, revoking or substituting a determination of the general conditions, the Chief Veterinary Officer must provide the Registrar with –

(a) notice of that fact; and

(b) a copy of the determination of the general conditions as so made, amended or substituted.

(5)  Without limiting the conditions that may be included in a determination of the general conditions, the determination may include a condition that the person in charge to whom a permission is granted under section 22B must comply with any law or code, as amended from time to time, specified in the determination.

(6)  Conditions in a determination of general conditions may apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the determination.

(7)  A determination under this section –

(a) is not a statutory rule within the meaning of the Rules Publication Act 1953 ; and

(b) is not an instrument of a legislative character for the purposes of the Subordinate Legislation Act 1992 .

22F.   Duty of Registrar to publish amended or new general conditions

As soon as practicable after receiving a notice under section 22E(4) , the Registrar must publish in the Gazette and not less than one daily newspaper circulating generally in Tasmania notice that –

(a) the general conditions determined under section 22E have been amended, revoked or revoked and substituted; and

(b) where appropriate, a copy of the amended or substituted general conditions may be obtained from the Registrar.

22G.   Offences

(1)  A person must not deface or copy a permanent identification device.

Penalty:  In the case of –

(a) a body corporate - a fine not exceeding 200 penalty units; and

(b) an individual - a fine not exceeding 100 penalty units.

(2)  A person must not do any of the following except where that person has permission to do so granted under section 22B :

(a) attach to, or insert in, any animal a permanent identification device;

(b) alter a permanent identification device;

(c) remove a permanent identification device from any animal.

Penalty:  In the case of –

(a) a body corporate - a fine not exceeding 200 penalty units; and

(b) an individual - a fine not exceeding 100 penalty units.

(3)  A person must not attach to, or insert in, any animal a device that is similar to, and could be mistaken for, a permanent identification device attached to, or inserted in, the animal under a permission to do so granted under section 22B .

Penalty:  In the case of –

(a) a body corporate - a fine not exceeding 200 penalty units; and

(b) an individual - a fine not exceeding 100 penalty units.

(4)  A person must not make a false representation as to whether or not any animal has a permanent identification device attached to, or inserted in, it.

Penalty:  In the case of –

(a) a body corporate - a fine not exceeding 200 penalty units; and

(b) an individual - a fine not exceeding 100 penalty units.

(5)  It is a defence to a charge for an offence against subsection (4) for the person charged to show that the representation was made in the belief that it was true after all reasonable steps had been taken to ascertain whether or not the animal had a permanent identification device attached to, or inserted in, it.

(6)  A person must not destroy a permanent identification device except where –

(a) the permanent identification device has been lawfully removed from any animal; or

(b) the permanent identification device is destroyed together with the carcass of the animal to or in which the permanent identification device is attached or inserted.

Penalty:  In the case of –

(a) a body corporate - a fine not exceeding 100 penalty units; and

(b) an individual - a fine not exceeding 50 penalty units.

Division 2 - Miscellaneous

22H.   Reuse of permanent identification devices

(1)  A permanent identification device that has not been attached to, or inserted in, any animal or has been lawfully removed from any animal may be reused only in accordance with a scheme approved by the Chief Veterinary Officer.

Penalty:  In the case of –

(a) a body corporate - a fine not exceeding 200 penalty units; and

(b) an individual - a fine not exceeding 100 penalty units.

(2)  A scheme for reusing permanent identification devices may –

(a) specify who may sterilise, and change the identification code or number of, a permanent identification device; and

(b) provide for the notification of the Registrar and any person specified in the scheme of the changed identification code or number; and

(c) contain any other matter the Chief Veterinary Officer considers appropriate.

22I.   Control of manufacturer of permanent identification devices

(1)  The regulations may make provision with respect to –

(a) all matters concerning the manufacture of permanent identification devices; and

(b) the standards with which permanent identification devices must comply; and

(c) the keeping of records by manufacturers of permanent identification devices and the auditing, examination and provision of those records; and

(d) the sale or distribution of permanent identification devices by their manufacturer; and

(e) any matter related to a matter specified in paragraph (a) , (b) , (c) or (d) .

(2)  A regulation of a kind referred to in subsection (1) may adopt wholly or in part, with or without modification and specifically or by reference any published standards, rules, codes or specifications, whether the standards, rules, codes or specifications are published before or after the commencement of this Act.

(3)  A reference in subsection (2) or the regulations to standards, rules, codes or specifications includes a reference to those standards, rules, codes or specifications as amended from time to time.

22J.   Ownership of permanent identification device

A permanent identification device which is attached to, or inserted in, any animal is owned by the person who owns the animal as if the permanent identification device were a part of the animal.

22K.   When permanent identification device is attached to, or inserted in, dead animal

For the purposes of this Part, a permanent identification device is attached to, or inserted in, any animal that is dead if it remains attached to, or inserted in, part of that animal.

7.    Part V: Heading amended

Part V of the Principal Act is amended by omitting "BRANDING AND TAGGING PROVISIONS OF" from the heading to that Part.

8.    Section 23 repealed

Section 23 of the Principal Act is repealed.

9.    Section 24 amended (Powers of inspectors)

Section 24 of the Principal Act is amended as follows:

(a) by omitting paragraph (c) from subsection (2) and substituting the following paragraph:

(c) require the holder of a certificate, or a permission under section 22B , to produce the certificate or permission for inspection by the inspector.

(b) by omitting from subsection (4)(c) "animals." and substituting "animals;";

(c) by inserting the following paragraph after paragraph (c) in subsection (4) :

(d) any instrument used or capable of being used for attaching, inserting or removing a permanent identification device to, in or from an animal.

(d) by inserting the following subsection after subsection (4) :

(4A)  An inspector may require the person in charge of any animal to produce any one or more of the following:

(a) any permanent identification devices that are in the possession or control of the person in charge and are not attached to, or inserted in, any animal;

(b) records relating to –

(i) the branding or tagging of animals; and

(ii) the obtaining, keeping, disposal, loss, destruction or reuse of permanent identification devices; and

(iii) the attachment to, insertion in or removal from animals of permanent identification devices; and

(iv) the destruction or disposal of animals.

10.    Section 34 amended (Regulations)

Section 34 of the Principal Act is amended as follows:

(a) by omitting from subsection (2)(d) "cattle, sheep, or pigs" twice occurring and substituting "animals";

(b) by inserting the following subsections after subsection (2) :

(2A)  Without limiting the generality of subsection (1) , the regulations may –

(a) provide for any matter concerning the attachment of or insertion in, or the removal from, an animal of a permanent identification device; and

(b) provide for any other matter related to the use, manufacture, sale, distribution or disposal of permanent identification devices; and

(c) require the keeping of a Register of Permanent Identification Devices; and

(d) require the Registrar to contribute data to a national database relating to the use, manufacture, sale, distribution or disposal of permanent identification devices.

(2B)  The regulations may adopt wholly or in part, with or without modification and specifically or by reference any published standards, rules, codes or specifications, whether the standards, rules, codes or specifications are published before or after the commencement of this Act.

[Second reading presentation speech made in:

House of Assembly on 5 OCTOBER 1999

Legislative Council on 27 OCTOBER 1999]