Livestock Disease Control Amendment Regulations 2010

Livestock Disease Control Amendment Regulations 2010

S.R. No. 39/2010

table of provisions

RegulationPage

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Notification of certain diseases (other than exotic diseases)

7Livestock prescribed for the purposes of section 9B

8Restrictions on introduction of bees, bee products, pollen
and used beekeeping fittings

9Revocation of regulation 48 of the Principal Regulations

10Record of sales of semen from cattle sires

11Manner of applying for compensation

12Definitions and interpretation

13Records of sale, purchase and movement of livestock

14Auctioneer of cattle not sold from saleyard to record
movement information and forward it to Secretary

15Livestock manager to record movement information and
forward it to Secretary

16Returns furnished by approved agent for sales and purchases
of livestock

17Invoices issued to purchasers in relation to the sale of cattle

18Invoices issued to purchasers in relation to the sale of sheep
or goats

19New regulation 71A inserted

71AInvoices and statements issued in relation to the sale
of pigs

20Disclosure of identification information

21Prescribed penalty for infringement offence

77Infringement offences against the Act

22New regulation 77A inserted

77AInfringement penalties and offences for offences
against these Regulations

23Schedule 2—Notification of diseases

24Schedule 6—Introduction of bees, bee products, fodder
or used beekeeping fittings into Victoria

═══════════════

ENDNOTES

S.R. No. 39/2010

Livestock Disease Control Amendment Regulations 2010

statutory rules 2010

S.R. No. 39/2010

Livestock Disease Control Amendment Regulations 2010

Livestock Disease Control Act 1994

S.R. No. 39/2010

Livestock Disease Control Amendment Regulations 2010

Livestock Disease Control Amendment Regulations 2010

S.R. No. 39/2010

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

1Objectives

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;

(e)to make consequential and miscellaneous amendments.

2Authorising provision

r. 2

These Regulations are made under section 139 of the Livestock Disease Control Act 1994.

3Commencement

These Regulations come into operation on 1 July 2010.

4Principal Regulations

In these Regulations, the Livestock Disease Control Regulations 2006[1] are called the Principal Regulations.

5Definitions

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 2centimetres in any plane, including conditions commonly known as cancer eye or bovine malignant tumour of the eye;";

(b)in the definition of NLIS devicefor "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;".

6Notification of certain diseases (other than exotic diseases)

r. 6

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 12hours—";

(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;".

7Livestock 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)".

(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.".

8Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings

r. 8

(1)For regulation 35(3) of the Principal Regulations substitute—

"(3) A person must notintroduce into Victoriaany 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.".

9Revocation of regulation 48 of the Principal Regulations

Regulation 48 of the Principal Regulations is revoked.

10Record of sales of semen from cattle sires

r. 10

(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".

11Manner of applying for compensation

In regulation 53(2)(h) of the Principal Regulations, after "section 95(5)"insert ", 95A(5) or 95B(5)".

12Definitions and interpretation

In regulation 55(1) of the Principal Regulations, in the definition of scale operation,omit "on farms".

13Records 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.".

14Auctioneer 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".

15Livestock manager to record movement information and forward it to Secretary

r. 15

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
"orallowed to be introduced".

16Returns 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".

(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.".

17Invoices issued to purchasers in relation to the sale of cattle

r. 17

(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".

18Invoices 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".

(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".

19New regulation 71A inserted

r. 19

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.".

20Disclosure of identification information

r. 20

(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.".

21Prescribed 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—

(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.".

22New regulation 77A inserted

r. 22

After regulation 77 of the Principal Regulations insert—

"77A Infringement penalties and offences foroffences 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.".

23Schedule 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)".

(2)For Part B of Schedule 2 to the Principal Regulations substitute—

r. 23

"PART B—DISEASES THAT MUST BE NOTIFIED WITHIN 7DAYS

Diseases of mammals and birds

Anaplasmosis

Babesiosis

Bovine genital campylobacteriosis

Bovine malignant catarrh

Bovine malignant tumour of the eye larger than2cm

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

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".

24Schedule 6—Introduction of bees, bee products, fodder or used beekeeping fittings into Victoria

r. 24

(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".

═══════════════

S.R. No. 39/2010

Livestock Disease Control Amendment Regulations 2010

ENDNOTES

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 theMonetary 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.