Biosecurity (Livestock Traceability) Regulations 2024
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 Biosecurity Act 2019 .
2 December 2024B. BAKER
Governor
By Her Excellency's Command,
J. HOWLETT
Minister for Primary Industries and Water
PART 1 - Preliminary
These regulations may be cited as the Biosecurity (Livestock Traceability) Regulations 2024 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, unless the contrary intention appears Act means the Biosecurity Act 2019 ;approved means approved in writing by the Secretary;attached includes implanted, inserted, administered or applied;breeder device means a livestock identifier containing the property identification code of the premises on which the identifiable livestock that is to carry the identifier was born;cattle means (a) members of the genus Bos; and(b) American bison or buffalo (Bison bison); and(c) domestic water buffalo (Bubalus bubalis);Chief Inspector has the same meaning as in the Primary Produce Safety Act 2011 ;driver includes a person who is (a) the driver of a vehicle being used to transport identifiable livestock; and(b) the pilot of an aircraft being used to transport identifiable livestock; and(c) the master of a vessel being used to transport identifiable livestock;identifiable livestock means (a) cattle, pigs, goats and sheep; and(b) any livestock declared by the Minister to be identifiable livestock in accordance with regulation 12 ;livestock includes any bovid animal, camelid animal, equine animal, porcine animal or poultry;livestock agent means a person who is engaged by the owner of identifiable livestock to deal with identifiable livestock on behalf of, or as the agent of, that owner but does not include a person who is an employee of that owner;livestock depot means all, or any part of, any premises, assembly point, transit centre or any other place used for the purposes of holding and aggregating identifiable livestock before the identifiable livestock are transported, supplied or slaughtered;livestock event means an event, exhibition, competition, agricultural show or rodeo that involves identifiable livestock being held in captivity;livestock event premises means any premises on which a livestock event is held;livestock farm includes all, or any part of, any premises where identifiable livestock are farmed or kept overnight, but does not include livestock processing premises, livestock supply premises, saleyards, livestock depots or livestock event premises;livestock identifier means (a) a tag, label, tattoo, mark, implant or other thing attached to identifiable livestock for the purpose of identifying the identifiable livestock; and(b) a permanent identifier;livestock processing operation means (a) a meat processing business within the meaning of the Primary Produce Safety (Meat and Poultry) Regulations 2014 ; and(b) a pet food business within the meaning of the Primary Produce Safety (Pet Food) Regulations 2014 ; and(c) a knackery or other similar business where identifiable livestock are slaughtered for a purpose other than meat processing or pet food production;livestock processing premises means premises on which a livestock processing operation is carried out;livestock producer means the occupier of a livestock farm;livestock supply operation means a business, enterprise or activity that supplies identifiable livestock (online or otherwise), that is not a livestock producer, livestock processing operation, livestock saleyard, livestock depot or livestock event;livestock supply premises means any premises on which a livestock supply operation is carried out;meat processing has the same meaning as in the Primary Produce Safety Act 2011 ;national vendor declaration means (a) a national vendor declaration that is in force and is approved by the NLIS administrator; or(b) in relation to pigs, a PigPass;NLIS means the National Livestock Identification System, which is an Australian system for identifying and tracing livestock for the purposes of disease control, food safety and market access;NLIS administrator means the (a) Integrity Systems Company Limited (ACN 134 745 038); or(b) any other entity approved by the Secretary under regulation 42 ;NLIS Register means the register established and maintained by the NLIS administrator under regulation 41 ;old legislative scheme has the same meaning as in Part 2 of the Biosecurity (Consequential and Transitional Provisions) Act 2020 ;operator, in relation to a business, enterprise or activity carried out on premises for the purposes of these regulations, includes any person (a) who is the Proprietor; and(b) who is operating, managing or is otherwise apparently in charge of the business, enterprise or activity; and(c) who is engaged by the Proprietor referred to in paragraph (a) as an agent of that Proprietor; and(d) who is an employee of the Proprietor referred to in paragraph (a) ;owner, in relation to identifiable livestock includes a livestock agent, a person who is acting on behalf of the owner of the identifiable livestock, an employee of the owner of the identifiable livestock and any other person in charge of the identifiable livestock on behalf of the owner of the identifiable livestock;permanent identifier means a breeder device or post-breeder device, that is fully or conditionally accredited by the NLIS administrator (a) as a permanent identifier for a particular species or class of livestock; and(b) in the case of pigs, as a permanent tattoo identifier for pigs;pet food production has the same meaning as in the Primary Produce Safety Act 2011 ;PigPass means a PigPass declaration approved and published by Australian Pork Limited (ABN 83 092 783 278), as amended or substituted from time to time;PigPass administrator means Australian Pork Limited (ABN 83 092 783 278);PigPass database means the PigPass database maintained by Australian Pork Limited (ABN 83 092 783 278);post-breeder device means a livestock identifier containing the property identification code of the premises on which identifiable livestock that are to carry the identifier are being farmed or kept but have not been born;previous premises, in relation to identifiable livestock, means the last premises, that have a property identification code, at which the identifiable livestock were held;property identification code means (a) in the case of premises in Tasmania, the unique property identification code in force and assigned to the premises under regulation 8(1) or under the old legislative scheme; and(b) in the case of premises outside of Tasmania, the in-force code applicable to the premises under a corresponding law;Proprietor, in relation to a business, enterprise or activity carried out on premises for the purposes of these regulations, means a person who is the owner of, or the entity carrying on, the day-to-day operation of the business, enterprise or activity;relevant identification particulars means (a) in relation to cattle, all property identification codes and permanent identifiers applicable to the cattle, including any characters that specifically identify an individual animal; and(b) in relation to pigs, sheep or goats, all property identification codes and permanent identifiers applicable to the pigs, sheep or goats;saleyard means premises on which identifiable livestock are held and presented for sale by public auction;Tasmanian Livestock Register means the Tasmanian Livestock Register established and maintained under regulation 40 ;transport, in relation to identifiable livestock, includes the movement of the identifiable livestock.
PART 2 - Property Identification Codes
In this Part relevant person means an operator who is required to have a property identification code assigned to premises for the purposes of complying with regulation 5 or 6.
5. Property identification code required for identifiable livestock held in captivity on premises
(1) Subject to subregulation (2) , the operator of premises must not hold identifiable livestock in captivity on the premises unless the premises has been assigned a property identification code.Penalty: In the case of (a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and(b) an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.(2) Subregulation (1) does not apply to the operator of (a) veterinary practice premises, unless any identifiable livestock are held in captivity overnight on that premises; or(b) veterinary laboratory premises, provided identifiable livestock are only held in captivity on the premises to be euthanised.
6. Property identification code required if certain businesses, enterprises or activities carried out on premises
The operator of each of the following businesses, enterprises or activities carried out on premises must not carry out the business, enterprise or activity on the premises unless those premises has been assigned a property identification code:(a) livestock event premises;(b) livestock depot;(c) livestock farm;(d) livestock processing premises;(e) livestock supply premises;(f) saleyard.Penalty: In the case of (a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and(b) an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
7. Application for assignment of property identification code to premises
(1) A relevant person may apply to the Secretary for a property identification code to be assigned to premises.(2) An application under subregulation (1) is to be (a) in an approved form; and(b) include, or be accompanied by, such information, documents or evidence as the Secretary may require; and(c) accompanied by an application fee of 40 fee units.
8. Assignment of property identification code to premises
(1) The Secretary may assign a unique property identification code to premises (a) after consideration of an application under regulation 7 ; or(b) if the Secretary considers it necessary or desirable to do so, on the Secretarys own initiative.(2) If the Secretary assigns a property identification code to premises under subregulation (1)(a) , the Secretary is to give written notice to the relevant person who made the application under regulation 7 (a) containing details of the property identification code assigned to the premises; and(b) specifying the period for which the property identification code is in force; and(c) containing any other information that the Secretary considers appropriate.(3) If the Secretary assigns a property identification code to premises under subregulation (1)(a) , the relevant person who made the application under regulation 7 must give written notice to the Secretary (a) containing details of any change in the information provided in the application under regulation 7 ; and(b) within 14 days after the day on which the relevant person becomes aware of the changes.Penalty: In the case of (a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and(b) an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.(4) If the Secretary assigns a property identification code to premises under subregulation (1)(b) , the Secretary is to give written notice to the operator of the premises (a) containing details of the property identification code assigned to the premises; and(b) specifying the period for which the property identification code is in force; and(c) containing any other information that the Secretary considers appropriate.
9. Renewal or amendment of property identification code assigned to premises
(1) A relevant person may apply to the Secretary for a property identification code assigned to premises under regulation 8(1)(a) to be (a) renewed; or(b) amended.(2) An application under subregulation (1) , is to be (a) in an approved form; and(b) include, or be accompanied by, such information, documents or evidence as the Secretary may require; and(c) accompanied by an application fee of 20 fee units.(3) The Secretary may renew or amend the property identification code that has been assigned to premises (a) after consideration of an application under subregulation (1) ; or(b) if the Secretary considers it necessary or desirable to do so, on the Secretarys own initiative.(4) If the Secretary renews or amends an assigned property identification code under subregulation (3)(a) , the Secretary is to give written notice to the relevant person who made the application under subregulation (1) (a) containing details of the renewed or amended property identification code assigned to the premises; and(b) specifying the period for which the renewed or amended property identification code is in force; and(c) containing any other information that the Secretary considers appropriate.(5) If the Secretary renews or amends an assigned property identification code under subregulation (3)(a) , the relevant person who made the application under subregulation (1) must give written notice to the Secretary (a) containing details of any change in the information provided in the application under subregulation (1) ; and(b) within 14 days after the day on which the relevant person becomes aware of the changes.(6) If the Secretary renews or amends an assigned property identification code under subregulation (3)(b) , the Secretary is to give written notice to the operator of the premises (a) containing details of the renewed or amended property identification code assigned to the premises; and(b) specifying the term in respect of which the renewed or amended property identification code is in force; and(c) containing any other information that the Secretary considers appropriate.
10. Term of property identification code
A property identification code assigned to premises, or renewed or amended, under this Part remains in force for a period, not exceeding 3 years, that is determined by the Secretary and is specified in a notice, given under this Part, by which the code is so assigned, renewed or amended, unless sooner cancelled under regulation 11 .
11. Cancellation of property identification code
(1) The Secretary may cancel a property identification code assigned to premises, or renewed or amended, under this Part by written notice to the relevant person, or the operator of premises to whom a notice is given, under this Part, by which the code was so assigned, renewed or amended.(2) A notice under subregulation (1) , is to specify (a) the grounds for the cancellation; and(b) the date or time on or at which the cancellation takes effect.(3) If the Secretary cancels the assignment of a property identification code under subregulation (1) , the unique number that was assigned to the premises is invalid and the number may only be reassigned to those premises if the Secretary considers it appropriate in the circumstances to do so.
PART 3 - Identifying Livestock
Division 1 - Declaration of identifiable livestock
12. Declaration of identifiable livestock
(1) Subject to regulation 13 , the Minister may, by notice published in the Gazette, declare a species or class of livestock to be identifiable livestock for the purposes of these regulations.(2) A declaration under this regulation may be made subject to any conditions, requirements or restrictions in respect of a species or class of livestock that the Minister considers reasonable in the circumstances.
13. Minister to consult on declaration of identifiable livestock
(1) At least 28 days before making a declaration under regulation 12 , the Minister must (a) publish a notice of the proposed declaration in the Gazette; and(b) specify, in the notice, a period of not less than 28 days from the publication of the notice during which the Minister will accept comments and submissions on the proposed declaration.(2) Before making a declaration under regulation 12 , the Minister is to take into account (a) any comments and submissions received under subregulation (1)(b) ; and(b) any advice of the Chief Plant Protection Officer, Chief Veterinary Officer or Chief Inspector in respect of the proposed declaration.
14. Form of declaration of identifiable livestock
(1) A declaration under regulation 12 takes effect (a) on the date on which notice of the declaration is published in the Gazette; or(b) on such later date as is specified in the notice so published.(2) A declaration under regulation 12 ceases to have effect (a) on the date specified in the notice so published; or(b) on the expiry of the period specified in the notice so published; or(c) if no such date or period is specified in the notice, on the revocation of the notice.(3) A notice under this Part is not a statutory rule.
Division 2 - Identifiable livestock to be correctly identified
In this Division correctly identified, in relation to identifiable livestock, means that (a) in the case of identifiable livestock born in Tasmania, a livestock identifier is attached to the identifiable livestock in accordance with (i) an emergency order; or(ii) a control order; or(iii) a biosecurity direction; or(iv) a permit; or(v) any requirements, standards, conditions or restrictions approved for the purposes of this subparagraph and published on the website of the department responsible for the administration of the Act; and(b) in the case of identifiable livestock born outside of Tasmania, a livestock identifier is attached to the identifiable livestock in accordance with a corresponding law.
16. Requirement to correctly identify identifiable livestock
(1) The owner of identifiable livestock must ensure that identifiable livestock are correctly identified (a) before the identifiable livestock leave the premises in Tasmania on which the identifiable livestock are being farmed or kept; or(b) in the case of identifiable livestock not correctly identified on arrival at premises, as soon as practicable after the identifiable livestock arrive on the premises.Penalty: In the case of (a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and(b) an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.(2) A person must not cause identifiable livestock to leave the premises on which the identifiable livestock are being farmed or kept unless the identifiable livestock are correctly identified.Penalty: In the case of (a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and(b) an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.(3) The operator of each of the following businesses, enterprises or activities carried out on premises must ensure that all identifiable livestock on the premises are correctly identified:(a) livestock event premises;(b) livestock depot;(c) livestock farm;(d) livestock processing premises;(e) livestock supply premises;(f) saleyard.Penalty: In the case of (a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and(b) an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.(4) The owner of identifiable livestock must inform the operator referred to in subregulation (3) of the arrival of any identifiable livestock, referred to in that subregulation, that are not correctly identified as is required under that subregulation, as soon as practicable after that arrival.Penalty: In the case of (a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and(b) an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
17. Attachment of permanent identifier to identifiable livestock
Unless otherwise approved in writing by an authorised officer, the owner of identifiable livestock must attach a permanent identifier to the identifiable livestock (a) whilst the identifiable livestock are on the premises to which a property identification code is assigned; and(b) in the case of a permanent identifier that is a breeder device, whilst the identifiable livestock are on the premises on which the identifiable livestock that are to carry the permanent identifier were born.Penalty: In the case of (a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and(b) an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.
Division 3 - Acquisition and supply of permanent identifiers
In this Division approved PID supplier, in relation to a permanent identifier, means the following persons:(a) the Secretary;(b) an authorised officer;(c) any other person, or class of persons, approved to supply permanent identifiers under regulation 19 .
19. Approval of persons to be approved PID suppliers
(1) A person, or class of persons, may apply, in writing, to the Secretary for approval to supply permanent identifiers for the purposes of these regulations.(2) The Secretary may approve the supply of permanent identifiers by a person, or class of persons, subject to any requirements, conditions or restrictions as the Secretary considers necessary and appropriate in the circumstances (a) after consideration of an application under subregulation (1) ; or(b) if the Secretary considers it necessary or desirable, on the Secretarys own initiative.
20. Acquisition and supply of permanent identifiers
(1) A person must not acquire a permanent identifier unless the person is (a) the Secretary; or(b) an authorised officer; or(c) a relevant person, referred to in regulation 7 , who may apply for a property identification code to be assigned to the premises to which the permanent identifier relates; or(d) an approved PID supplier.Penalty: In the case of (a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and(b) an individual, a fine not exceeding 50 penalty units, and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.(2) A person, other than an approved PID supplier, must not supply a permanent identifier.
Division 4 - Prescribed prohibited dealings with identifiable livestock
In this Division unidentified livestock means identifiable livestock that is not correctly identified in accordance with Division 2 .
22. Prescribed prohibited dealings
For the purposes of section 17(2) of the Act, the following dealings are prescribed to be prohibited dealings:(a) importing or supplying unidentified livestock;(b) marking, branding, tagging or affixing a device to unidentified livestock for the purposes of identifying or tracing the unidentifiable livestock otherwise than in accordance with these regulations.
PART 4 - Movement of Identifiable Livestock and Livestock
Division 1 - Interpretation of Part 4
In this Part approved transport document means a document that is approved under regulation 24 ;movement document, in relation to the transportation of identifiable livestock means the following documents:(a) a national vendor declaration;(b) an approved transport document;movement information means the information that is included in a movement document in respect of the transported identifiable livestock to which the movement document relates;post-sale information, in relation to the supply of identifiable livestock to a person by a livestock agent, means the information provided to the livestock agent by the person to the agent in accordance with regulation 27(3) ;receiver, in relation to identifiable livestock that are being transported, means the operator of the receiving premises;receiving premises means the premises to which identifiable livestock are being transported;transaction information, in relation to a transaction that involves the supply of identifiable livestock, means the following information:(a) the type of transaction;(b) the date on which the transaction occurred;(c) the relevant identification particulars of the identifiable livestock involved in the transaction;(d) the serial number of any movement document that is applicable to the transaction;(e) if the transaction involves the supply of identifiable livestock to a saleyard or to livestock processing premises (i) the property identification code of the saleyard or livestock processing premises; or(ii) details of any unique code or number assigned to the saleyard or livestock processing premises by the NLIS administrator or (in the case of pigs) the PigPass administrator;(f) if the transaction involves the supply of identifiable livestock to premises, the property identification code of the premises;(g) the property identification code of any previous premises for the supplied identifiable livestock and the date on which the identifiable livestock left the previous premises;(h) in the case of a transaction involving the supply of sheep, goats or pigs that occurs on or before 01 January 2025 (i) the number of the sheep, goats or pigs; and(ii) whether the sheep, goats or pigs were born on previous premises;(i) any other information, in relation to a transaction that involves the supply of the identifiable livestock, that is approved.
Division 2 - Approved transport documents
24. Approved transport documents
The Secretary may approve the form and content of a document for the transportation of identifiable livestock for the purposes of these regulations.
Division 3 - Requirements to transport identifiable livestock
25. Movement documents required to transport identifiable livestock
(1) The driver of a vehicle being used to transport identifiable livestock must ensure that (a) the driver is in possession of the movement document for the identifiable livestock; and(b) the driver enters on that movement document any information that is required to be entered on it by the driver; and(c) the driver gives a copy of the movement document to the receiver as soon as practicable after the identifiable livestock, referred to in the movement document, arrive at the receiving premises; and(d) if the receiver referred to in paragraph (c) is not the owner of the identifiable livestock referred to in the movement document, that receiver provides the owner of the identifiable livestock with movement information as soon as practicable after that movement document is provided to the receiver under that paragraph; and(e) if the receiver referred to in paragraph (c) is not the Proprietor of the business, enterprise or activity being carried out on the receiving premises, that receiver provides the Proprietor of that business, enterprise or activity being carried out on the receiving premises with the movement information as soon as practicable after that movement document is provided to the receiver under that paragraph.(2) The owner of identifiable livestock referred to in subregulation (1)(d) , must keep a record of the movement information provided to the owner (a) in the case of transported identifiable livestock that are cattle, for a period of 7 years from the date on which the movement information was provided to the owner in accordance with subregulation (1)(d) ; and(b) in the case of transported identifiable livestock that are sheep or goats, for a period of 5 years from the date on which the movement information was provided to the owner in accordance with subregulation (1)(d) ; and(c) in the case of transported identifiable livestock that are pigs, for a period of 3 years from the date on which the movement information was provided to the owner in accordance with subregulation (1)(d) .(3) The Proprietor of a business, enterprise or activity being carried out on receiving premises must ensure that a receiver is aware of, and complies with, the receivers obligation under subregulation (1)(e) .
26. Owners of transported identifiable livestock required to provide transport information
(1) Subject to subregulation (2) , the owner of any identifiable livestock that are transported to receiving premises from premises, other than from a saleyard, must ensure that transaction information is provided to within 2 days after the identifiable livestock arrive at the receiving premises or before the identifiable livestock are moved from the receiving premises (whichever occurs first).(a) the NLIS administrator, if the transported identifiable livestock are not pigs; or(b) the PigPass administrator, if the transported identifiable livestock are pigs (2) Subregulation (1) does not apply if the identifiable livestock that are transported to the receiving premises were in the custody of a livestock agent whilst being so transported.
Division 4 - Requirements for livestock agents
27. Movement documents required by livestock agents
(1) A person must not supply identifiable livestock to a livestock agent unless the person gives the livestock agent a copy of the movement document for the identifiable livestock at, or as soon as is practicable after, that supply.(2) A livestock agent must not supply identifiable livestock to a person unless the livestock agent is in possession of the movement document for the identifiable livestock.(3) A person must not accept supply of identifiable livestock from a livestock agent unless the person gives the following information to the livestock agent:(a) the property identification code of the premises to which the identifiable livestock will be transported;(b) if the person is to supply the identifiable livestock to another livestock agent, that other livestock agents name, business address and property identification code.(4) A livestock agent who supplies identifiable livestock to a person at a saleyard must give the following information to the person (a) a copy of the movement document for the supplied identifiable livestock;(b) the property identification code of the saleyard at which the identifiable livestock were supplied.(5) A livestock agent who is supplied with identifiable livestock, or who supplies identifiable livestock to a person, must keep a record of the following information in relation to the supply:for 2 years, if the identifiable livestock so supplied are not pigs, or for 3 years, if the identifiable livestock so supplied are pigs.(a) the movement information for the identifiable livestock so supplied;(b) the property identification code, or address, of the saleyard at which the identifiable livestock were so supplied;(c) the post-sale information for the identifiable livestock so supplied (6) A livestock agent who is supplied with identifiable livestock, or who supplies identifiable livestock to a person, must, by the close of business on each day on which a saleyard is open for business, provide the operator of the saleyard with the following information in relation to the supply:(a) the movement information for the identifiable livestock so supplied;(b) the post-sale information for the identifiable livestock so supplied.
28. Livestock agents required to provide transaction information
(1) A livestock agent who is supplied with identifiable livestock must ensure that, for each supply, the information referred to in subregulation (2) is provided to within 2 days after the identifiable livestock arrive at the receiving premises.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (2) The following is the information to be provided for the purposes of subregulation (1) :(a) the transaction information for the supplied identifiable livestock;(b) the livestock agents name and business address;(c) if the livestock agent is still in possession of the supplied identifiable livestock, the property identification code of the premises at which the identifiable livestock are held;(d) if the livestock agent is no longer in possession of the supplied identifiable livestock, the property identification code of the premises to which the identifiable livestock were moved and the date of the movement.(3) A livestock agent who is supplied with identifiable livestock must, by the close of business on each day on which the livestock agent is working as a livestock agent, make a record of the following information for each supply of identifiable livestock received by the livestock agent on that working day and keep that record for a period of 2 years:(a) the relevant identification particulars of the identifiable livestock involved in a supply;(b) the number of identifiable livestock that were supplied;(c) if the livestock agent is still in possession of the supplied identifiable livestock, the property identification code of the premises at which the identifiable livestock are held;(d) if the livestock agent is no longer in possession of the supplied identifiable livestock, the property identification code of the premises to which the identifiable livestock were moved.(4) The owner of any identifiable livestock supplied to a livestock agent must ensure that the livestock agent is provided with the property identification code of the previous premises for the identifiable livestock.
Division 5 - Requirements for saleyards
29. Movement documents required by operators of saleyards
(1) The operator of a saleyard must not present any identifiable livestock for sale by public auction at the saleyard unless the operator is in possession of the movement document for the identifiable livestock.(2) The operator of a saleyard who sells identifiable livestock to a person at the saleyard must give the person a copy of the movement document for the sold identifiable livestock before the identifiable livestock leave the saleyard.(3) The operator of a saleyard must keep a record of the movement information for any identifiable livestock that are presented for sale at the saleyard for at least 2 years after the day on which the identifiable livestock are presented for sale.
30. Operators of saleyards required to provide transport information
(1) If identifiable livestock are sold at a saleyard, the operator of the saleyard must ensure that the information referred to in subregulation (3) is provided to if the identifiable livestock are sold for the purpose of slaughter, by the close of business of the saleyard on the day of the sale and, if the identifiable livestock are not sold for the purpose of slaughter, by the close of business of the saleyard on the next business day after the day of the sale.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (2) The operator of a saleyard from which unsold identifiable livestock are transported must ensure that the information referred to in subregulation (3) is provided to within 2 days after the unsold identifiable livestock are transported from the saleyard.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (3) The following is the information to be provided for the purposes of subregulations (1) and (2) :(a) the transaction information for the sold or unsold identifiable livestock;(b) if the sold or unsold identifiable livestock were in the possession of a livestock agent before arriving at the saleyard, the name, business address and property identification code of the livestock agent;(c) if a livestock agent is in possession of the sold or unsold identifiable livestock, the name, business address and property identification code of the livestock agent;(d) if the sold or unsold identifiable livestock are to be transported from the saleyard to premises, the property identification code of the premises;(e) if the sold or unsold identifiable livestock are cattle, sheep or goats, a copy of any NLIS movement document created in relation to the transaction;(f) if the sold or unsold identifiable livestock are pigs, a copy of any PigPass movement document created in relation to the transaction.(4) The operator of a saleyard must, by the close of business on each day on which any identifiable livestock are sold at the saleyard, ensure that a record of the following information for any identifiable livestock sold, or unsold, on that day is kept for a period of at least 2 years:(a) the number of identifiable livestock that were sold;(b) the number of identifiable livestock that were unsold.
Division 6 - Requirements for livestock processing operations
31. Movement information required by livestock processing operations
(1) The driver of a vehicle being used to transport identifiable livestock to livestock processing premises must give the operator of the livestock processing operation a copy of the movement document for the identifiable livestock at, or as soon as is practicable after, the driver arrives at the premises with the identifiable livestock.(2) The operator of a livestock processing operation who is supplied with identifiable livestock must keep a record of the following information in relation to the supply:for 2 years, if the identifiable livestock so supplied are not pigs, or for 3 years, if the identifiable livestock so supplied are pigs.(a) the movement information for the identifiable livestock so supplied;(b) the property identification code of the livestock processing premises so supplied (3) The operator of a livestock processing operation supplied with identifiable livestock must ensure that the identifiable livestock are not slaughtered unless (a) the operator has in the operators possession the movement information for the identifiable livestock to be slaughtered; or(b) an authorised officer or veterinary surgeon directs the slaughter of the identifiable livestock for animal welfare reasons.
32. Livestock processing operations required to provide transport information
(1) If any identifiable livestock are slaughtered at a livestock processing operation, the operator of the livestock processing operation must ensure that the information referred to in subregulation (3) is provided to by the close of business of the livestock processing operation on the next business day after the day on which the identifiable livestock were slaughtered.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (2) The operator of a livestock processing operation from which any live identifiable livestock are transported must ensure that the information referred to in subregulation (3) is provided to within 2 days after the live identifiable livestock are transported from the livestock processing operation.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (3) The following is the information to be provided for the purposes of subregulations (1) and (2) :(a) the transaction information for the slaughtered or transported identifiable livestock;(b) if the transaction involves the transportation of live identifiable livestock from the livestock processing operation, the property identification code of the premises to which the live identifiable livestock were transported;(c) if the identifiable livestock to which the transaction relates were transported to the livestock processing operation from premises that are not a saleyard, a copy of the relevant movement document for the transported identifiable livestock.(4) The operator of a livestock processing operation must, by the close of business on each day on which the livestock processing operation is open for business, ensure that a record of the following information for any identifiable livestock slaughtered or held on those premises on that day is kept for a period of at least 2 years:(a) the number, and species, of identifiable livestock slaughtered;(b) the number, and species, of live identifiable livestock held on the livestock processing premises.
Division 7 - Requirements for livestock events
33. Movement information required for livestock events
(1) The driver of a vehicle being used to transport identifiable livestock to a livestock event must give the operator of the livestock event a copy of the movement document for the identifiable livestock at the time at which, or as soon as is practicable after, the driver arrives at the livestock event premises with the identifiable livestock.(2) The operator of a livestock event, who is supplied with identifiable livestock for the purposes of the event, must ensure that the identifiable livestock are not sold, or otherwise disposed of, at the livestock event premises unless the operator has in the operators possession the movement information for the identifiable livestock to be sold or otherwise disposed of.(3) At the conclusion of a livestock event, the operator of the livestock event must keep a record of the following information in relation to the concluded livestock event:for 2 years, if the identifiable livestock involved in the livestock event were not pigs, or for 3 years, if the identifiable livestock involved in the livestock event were pigs.(a) the movement information for all of the identifiable livestock involved in the livestock event;(b) the property identification code of the livestock event premises on which the livestock event was held
34. Operators of livestock events required to provide transport information
(1) If identifiable livestock are transported to livestock event premises for the purposes of a livestock event, or any identifiable livestock involved in a livestock event are transported from livestock event premises, and if the transported identifiable livestock remained on the livestock event premises for a period of 3 or more days, the operator of the livestock event must ensure that the information referred to in subregulation (2) is provided to within 2 days after the identifiable livestock are transported to, or from, the livestock event premises.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (2) The following is the information to be provided for the purposes of subregulation (1) :(a) the transaction information for the transported identifiable livestock;(b) if identifiable livestock are transferred from livestock event premises, the property identification code of the premises to which the identifiable livestock were transported.(3) If identifiable livestock are transported to livestock event premises for the purposes of a livestock event, or identifiable livestock involved in a livestock event are transported from the livestock event premises, and if the transported identifiable livestock remain on the livestock event premises for a period of 2 days or less, the operator of the livestock event must ensure that the information referred to in subregulation (4) is provided to as soon as practicable after the identifiable livestock are transported to, or from, those livestock event premises.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (4) The following information is to be provided for the purposes of subregulation (3) :(a) the relevant identification particulars for the transported identifiable livestock;(b) the date on which the identifiable livestock are transported to, or from, the livestock event premises;(c) the property identification code of the livestock event premises;(d) the serial number of any national vendor declaration for the transported identifiable livestock.(5) The driver of a vehicle used to transport identifiable livestock from a livestock event must give the operator of the livestock event the property identification code for the premises to which the identifiable livestock are being transported.
Division 8 - Requirements for livestock depots
35. Movement information required by livestock depots
(1) The driver of a vehicle being used to transport identifiable livestock to a livestock depot must give the operator of the livestock depot a copy of the movement document for the identifiable livestock at the time at which, or as soon as is practicable after, the driver arrives at the livestock depot with the identifiable livestock.(2) The operator of a livestock depot, who is supplied with identifiable livestock, must ensure that the identifiable livestock are not sold, or otherwise disposed of, at the livestock depot unless the operator has in the operators possession the movement information for the identifiable livestock to be sold or otherwise disposed of.(3) A person must not accept supply of identifiable livestock from the operator of a livestock depot unless the person gives the operator the property identification code of the premises to which the identifiable livestock will be transported.(4) The operator of a livestock depot must keep, for a period of at least 2 years, a record of the following information in relation to any identifiable livestock held or assembled at the livestock depot:(a) the movement information for the identifiable livestock;(b) the property identification code of the livestock depot;(c) the property identification code, of the premises to which any identifiable livestock will be transported, given to the operator of the livestock depot under subregulation (3) .(5) An operator of a livestock depot who supplies identifiable livestock to a person at the livestock depot, must give the following information to the person at the time of the supply:(a) a copy of the movement document for the supplied identifiable livestock;(b) the property identification code of the livestock depot.
36. Operators of livestock depots required to provide transport information
(1) If any identifiable livestock are sold at a livestock depot, the operator of the livestock depot must ensure that the information referred to in subregulation (3) is provided to within 2 days after the identifiable livestock are sold.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (2) The operator of a livestock depot from which any unsold identifiable livestock are transported must ensure that the information referred to in subregulation (3) is provided to within 2 days after the unsold identifiable livestock are transported from the livestock depot.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (3) The following is the information to be provided for the purposes of subregulations (1) and (2) :(a) the transaction information for the sold or transported identifiable livestock;(b) the property identification code of the premises to which the sold or unsold identifiable livestock were transported;(c) a copy of the relevant movement document for the sold or unsold identifiable livestock.(4) The operator of a livestock depot must, by the close of business on each day on which the livestock depot is open for business, ensure that a record of the number, and species, of identifiable livestock that are sold at the livestock depot on that day is made and is kept for a period of at least 2 years.
Division 9 - Requirements for livestock supply operations
37. Movement documents required by livestock supply operations
(1) A person must not supply identifiable livestock to premises on which a livestock supply operation is carried out unless the person gives the operator of the livestock supply operation a copy of the movement document for the identifiable livestock at the time of, or as soon as is practicable after, that supply.(2) The operator of a livestock supply operation must not supply identifiable livestock to a person unless the operator is in possession of the movement document for the identifiable livestock.(3) A person must not accept supply of identifiable livestock from the operator of a livestock supply operation unless the person gives the operator the property identification code of the premises to which the identifiable livestock will be transported.(4) If the operator of a livestock supply operation supplies identifiable livestock to a person at a livestock supply premises, the operator must give the movement information (a) if the supplied identifiable livestock are being transported to livestock processing premises, to the operator of the livestock processing premises by the close of business on the day on which the identifiable livestock are so supplied; and(b) if the supplied identifiable livestock are not being transported to livestock processing premises, to the person supplied with the identifiable livestock by the close of business of the livestock supply operation on the next business day after the day on which the identifiable livestock are so supplied.(5) The operator of a livestock supply operation must keep, for a period of at least 2 years, a record of the following information in relation to identifiable livestock at the livestock supply premises:(a) the movement information for the identifiable livestock;(b) the property identification code of the livestock supply premises;(c) the property identification code given to the operator under subregulation (3) .
38. Operators of livestock supply operations required to provide transport information
(1) The operator of a livestock supply operation who is supplied with identifiable livestock must ensure that, for each supply, the information referred to in subregulation (4) is provided to by the close of business of the livestock supply operation on the next business day after the day on which the identifiable livestock arrive at the livestock supply premises.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (2) Where any identifiable livestock are sold at a livestock supply operation, the operator of the livestock supply operation must ensure that the information referred to in subregulation (4) is provided to by the close of business of the livestock supply operation on the day on which the identifiable livestock are sold if the identifiable livestock are sold for the purpose of slaughter at a livestock processing premises or, in any other case, by the close of business of the livestock supply operation on the next business day after the day on which the identifiable livestock are sold.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (3) The operator of a livestock supply operation from which any unsold identifiable livestock are transported must ensure that the information referred to in subregulation (4) is provided to by the close of business of the livestock supply operation on the next business day after the day on which the unsold identifiable livestock are so transported.(a) the NLIS administrator, if the identifiable livestock are not pigs; or(b) the PigPass administrator, if the identifiable livestock are pigs (4) The following is the information to be provided for the purposes of subregulations (1) , (2) and (3) :(a) the transaction information for the supplied, sold or unsold identifiable livestock;(b) the property identification code of the livestock supply operation;(c) the property identification code of the premises on which the identifiable livestock are being held;(d) if the identifiable livestock to which the transaction relates were transported from the relevant premises on which the livestock supply operation is carried out, the property identification code of the premises to which the identifiable livestock were being transported and the day on which that transfer occurred.(5) The operator of a livestock supply operation must, by the close of business on each day on which the livestock supply operation is open for business, ensure that a record of the number of identifiable livestock sold on that day is kept for a period of at least 2 years.
PART 5 - Operators Required to Report Death of Identifiable Livestock
39. Operators to report death of identifiable livestock
(1) This regulation does not apply to (a) the operator of a livestock farm; and(b) the operator of a livestock event; and(c) identifiable livestock that are slaughtered on the premises of a livestock depot, livestock processing premises, livestock supply premises or a saleyard.(2) If any identifiable livestock die whilst they are on the premises of, or whilst they are in transit to the premises of, a livestock depot, livestock processing premises, livestock supply premises or a saleyard, the operator of the premises must ensure that the information referred to in subregulation (3) is provided to by the close of business of the premises on the next business day after the day on which the identifiable livestock died.(a) the NLIS administrator, if the deceased identifiable livestock are not pigs; or(b) the PigPass administrator, if the deceased identifiable livestock are pigs (3) The following is the information to be provided for the purposes of subregulation (2) :(a) that the identifiable livestock have died and the date on which the death occurred (or, if this date is unknown, the date on which the operator became aware of the death);(b) the relevant identification particulars for the deceased identifiable livestock.
PART 6 - Registers
Division 1 - Tasmanian Livestock Register
40. Tasmanian Livestock Register
(1) In this regulation authorised person means any of the following persons:(a) the NLIS administrator;(b) an authorised officer;(c) an authorised officer as defined in the Food Act 2003 ;(d) an authorised officer as defined in the Nature Conservation Act 2002 ;(e) an authorised officer as defined in the Primary Produce Safety Act 2011 ;(f) an authorised officer as defined in the Public Health Act 1997 ;(g) an inspector as defined in the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;(h) an officer as defined in the Animal Welfare Act 1993 ;relevant information, in relation to the Tasmanian Livestock Register, means information in relation to any of the following purposes:(a) to facilitate and assist the tracing of livestock for the purposes of the regulations;(b) to protect public health and public safety;(c) to assist in controlling or identifying the risk of disease in relation to livestock or livestock products;(d) to enable the owner of livestock or livestock products to be identified;(e) to facilitate and assist the transportation of livestock or livestock products;(f) to assist in the investigation of the loss or theft of livestock or livestock products;(g) to facilitate the provision of information in relation to the production and marketing of livestock and livestock products;(h) to assist in the management and assessment of the welfare of livestock;(i) to assist in the management of land used by livestock;(j) for an authorised purpose;(k) to further any one or more of the objectives of the Act.(2) The Secretary is to establish and maintain a register of Tasmanian livestock in a form, electronic and otherwise, that the Secretary determines to be appropriate.(3) The Tasmanian Livestock Register established and maintained under subregulation (2) must contain the relevant information.(4) The Secretary must, if requested to do so by an authorised person (a) allow the authorised person to have access at any time to the information contained in the Tasmanian Livestock Register free of charge; and(b) provide any information contained in the Tasmanian Livestock Register to the authorised person in the manner and within the time frame requested by the authorised person.(5) A person who is not an authorised person, by written request to the Secretary and on payment of any reasonable fee determined by the Secretary that does not exceed 50 fee units, may inspect, and obtain a copy of any information contained in, the Tasmanian Livestock Register during usual business hours, if the Secretary considers the inspection to be appropriate in the circumstances.
Division 2 - NLIS Register
(1) In this regulation authorised person means any of the following persons:(a) the Secretary;(b) an authorised officer;(c) an authorised officer as defined in the Food Act 2003 ;(d) an authorised officer as defined in the Nature Conservation Act 2002 ;(e) an authorised officer as defined in the Primary Produce Safety Act 2011 ;(f) an authorised officer as defined in the Public Health Act 1997 ;(g) an inspector as defined in the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;(h) an officer as defined in the Animal Welfare Act 1993 .(2) The NLIS administrator is to establish and maintain a register of information that is provided to the NLIS administrator under these regulations.(3) On receipt of a written request to the NLIS administrator by an authorised person, the NLIS administrator must (a) allow the authorised person, without charge, to have access at any time to the information contained in the NLIS Register; and(b) provide any information contained in the NLIS Register to the authorised person in the manner and within the time frame requested by the authorised person.(4) The NLIS administrator may allow a person who is not an authorised person to access the information contained in the NLIS Register at any reasonable time if the administrator is satisfied that the information will be used for a purpose that the administrator considers to be appropriate.
PART 7 - Miscellaneous
(1) The Secretary may approve an entity to be the NLIS administrator for the purposes of the regulations.(2) The approval of an entity to be the NLIS administrator under subregulation (1) (a) is to be in writing; and(b) is subject to any terms and conditions that the Secretary considers appropriate; and(c) may be revoked for any reasons that the Secretary considers appropriate.
43. Advertising supply of identifiable livestock
A person must not advertise the supply of identifiable livestock unless the advertisement includes (a) the property identification code for the premises on which the identifiable livestock being advertised are being kept; and(b) the name, postal or email address and telephone number of the owner of the identifiable livestock being advertised or, in the case of identifiable livestock being advertised by a livestock agent, the name, postal or email address and telephone number of the livestock agent.
44. Presumption of state of mind
In any proceedings for an offence under these regulations, except where the contrary intention appears, it is not necessary for the prosecution to prove any intention, or state of mind, to establish that the offence has been committed.
For the purposes of section 231 of the Act (a) an offence against a provision of the regulations specified in Column 1 of the table in Schedule 1 is prescribed to be an infringement offence for which an infringement notice may be issued and served; and(b) a penalty specified in Column 2 of the table in Schedule 1 is prescribed as the penalty for a natural person for the infringement offence specified in Column 1 of the table; and(c) a penalty specified in Column 3 of the table in Schedule 1 is prescribed as the penalty for a body corporate for the infringement offence specified in Column 1 of the table.
SCHEDULE 1 - Infringement Notice Offences
Column 1 | Column 2 | Column 3 | Offence | Penalty | Penalty | (individual) | (corporation) | 1. Regulation 5(1) | 5 penalty units | 10 penalty units | 2. Regulation 6 | 5 penalty units | 10 penalty units | 3. Regulation 8(3) | 5 penalty units | 10 penalty units | 4. Regulation 9(5) | 2 penalty units | 5 penalty units | 5. Regulation 16(1) | 5 penalty units | 10 penalty units | 6. Regulation 16(2) | 5 penalty units | 10 penalty units | 7. Regulation 16(3) | 5 penalty units | 10 penalty units | 8. Regulation 16(4) | 5 penalty units | 10 penalty units | 9. Regulation 17 | 5 penalty units | 10 penalty units | 10. Regulation 20(1) | 5 penalty units | 10 penalty units | 11. Regulation 20(2) | 2 penalty units | 5 penalty units | 12. Regulation 25(1) | 2 penalty units | 5 penalty units | 13. Regulation 25(2) | 2 penalty units | 5 penalty units | 14. Regulation 25(3) | 2 penalty units | 5 penalty units | 15. Regulation 26(1) | 2 penalty units | 5 penalty units | 16. Regulation 27(1) | 2 penalty units | 5 penalty units | 17. Regulation 27(2) | 2 penalty units | 5 penalty units | 18. Regulation 27(3) | 2 penalty units | 5 penalty units | 19. Regulation 27(4) | 2 penalty units | 5 penalty units | 20. Regulation 27(5) | 2 penalty units | 5 penalty units | 21. Regulation 27(6) | 2 penalty units | 5 penalty units | 22. Regulation 28(1) | 2 penalty units | 5 penalty units | 23. Regulation 28(3) | 2 penalty units | 5 penalty units | 24. Regulation 28(4) | 2 penalty units | 5 penalty units | 25. Regulation 29(1) | 2 penalty units | 5 penalty units | 26. Regulation 29(2) | 2 penalty units | 5 penalty units | 27. Regulation 29(3) | 2 penalty units | 5 penalty units | 28. Regulation 30(1) | 2 penalty units | 5 penalty units | 29. Regulation 30(2) | 2 penalty units | 5 penalty units | 30. Regulation 30(4) | 2 penalty units | 5 penalty units | 31. Regulation 31(1) | 2 penalty units | 5 penalty units | 32. Regulation 31(2) | 2 penalty units | 5 penalty units | 33. Regulation 31(3) | 2 penalty units | 5 penalty units | 34. Regulation 32(1) | 2 penalty units | 5 penalty units | 35. Regulation 32(2) | 2 penalty units | 5 penalty units | 36. Regulation 32(4) | 2 penalty units | 5 penalty units | 37. Regulation 33(1) | 2 penalty units | 5 penalty units | 38. Regulation 33(2) | 2 penalty units | 5 penalty units | 39. Regulation 33(3) | 2 penalty units | 5 penalty units | 40. Regulation 34(1) | 2 penalty units | 5 penalty units | 41. Regulation 34(3) | 2 penalty units | 5 penalty units | 42. Regulation 34(5) | 2 penalty units | 5 penalty units | 43. Regulation 35(1) | 2 penalty units | 5 penalty units | 44. Regulation 35(2) | 2 penalty units | 5 penalty units | 45. Regulation 35(3) | 2 penalty units | 5 penalty units | 46. Regulation 35(4) | 2 penalty units | 5 penalty units | 47. Regulation 35(5) | 2 penalty units | 5 penalty units | 48. Regulation 36(1) | 2 penalty units | 5 penalty units | 49. Regulation 36(2) | 2 penalty units | 5 penalty units | 50. Regulation 36(4) | 2 penalty units | 5 penalty units | 51. Regulation 37(1) | 2 penalty units | 5 penalty units | 52. Regulation 37(2) | 2 penalty units | 5 penalty units | 53. Regulation 37(3) | 2 penalty units | 5 penalty units | 54. Regulation 37(4) | 2 penalty units | 5 penalty units | 55. Regulation 37(5) | 2 penalty units | 5 penalty units | 56. Regulation 38(1) | 2 penalty units | 5 penalty units | 57. Regulation 38(2) | 2 penalty units | 5 penalty units | 58. Regulation 38(3) | 2 penalty units | 5 penalty units | 59. Regulation 38(5) | 2 penalty units | 5 penalty units | 60. Regulation 39(2) | 2 penalty units | 5 penalty units | 61. Regulation 43 | 2 penalty units | 5 penalty units |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 11 December 2024
These regulations are administered in the Department of Natural Resources and Environment Tasmania.