Animal (Brands and Movement) Amendment Regulations 1999

Animal (Brands and Movement) Amendment Regulations 1999

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal (Brands and Movement) Act 1984 .

22 December 1999

G. S. M. Green

Governor

By His Excellency's Command,

D. E. Llewellyn

Minister for Primary Industries, Water and Environment

1.   Short title

These regulations may be cited as the Animal (Brands and Movement) Amendment Regulations 1999 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Animal (Brands and Movement) Regulations 1986 are referred to as the Principal Regulations.

4.   Part V inserted

The Principal Regulations are amended by inserting after regulation 18 the following Part:

PART V - Miscellaneous

19.   Appeals

(1)  An appeal under section 22C of the Act is to be instituted by a notice of appeal lodged with the clerk of petty sessions.

(2)  A notice of appeal is to specify the parties to the appeal and the grounds giving rise to the appeal.

(3)  On the lodgment of a notice of appeal, the clerk of petty sessions must –

(a) cause a copy of the notice to be provided to the Minister; and

(b) notify the parties to the appeal, in writing, of the time and place at which the appeal is to be heard.

(4)  The magistrate hearing an appeal or a party to an appeal may summon a person to appear and give evidence at the hearing of the appeal by causing that person to be served with a summons.

(5)  The magistrate hearing an appeal –

(a) may adjourn the hearing as the magistrate considers appropriate; and

(b) may inform himself or herself on any relevant matters in such manner as he or she considers appropriate; and

(c) must proceed without undue formality; and

(d) is not bound by the rules of evidence.

(6)  The hearing of an appeal is to be open to the public.

(7)  A party to an appeal may be represented at the hearing of the appeal by another person (whether a legal practitioner or otherwise).

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 December 1999

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Animal (Brands and Movement) Regulations 1986 to provide the procedure for appeals in relation to the insertion or removal of permanent identification devices in or from animals.