{"id":"livestock-act-2008","name":"Livestock Act 2008","slug":"livestock-act-2008","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30212,"registerId":"nt-livestock-act-2008-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Livestock Act 2008.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Object","content":"3 Object\nThe object of this Act is to promote a sustainable livestock industry\nand associated industries by:\n(a) establishing methods of identifying and tracing livestock; and\n(b) supporting market access to, and product integrity of, livestock\nand livestock products; and\n(ba) providing for the making and enforcement of biosecurity\nmanagement plans; and\n(c) regulating the movement of livestock, animal products and\nother things associated with livestock; and\n(d) protecting the health and welfare of livestock by establishing\nstandards and procedures for managing livestock, controlling\ndiseases and implementing the national biosecurity strategy\nand by other means; and\n(e) providing compensation for losses caused by certain livestock\ndiseases.\n\nLivestock Act 2008 2\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\n3-letter brand means a brand consisting of 3 letters, including the\nletter \"T\", of a size prescribed by regulation.\nabattoir means an establishment at which the slaughter of livestock\nis licensed under the Meat Industries Act 1996.\nanimal pathogen means a prion, virus, rickettsia, bacterium,\nprotozoon, fungus, helminth, arthropod, insect or other pathogen or\norganism that is capable of causing a disease in livestock.\nanimal product includes the following:\n(a) the carcass or a portion of a carcass of livestock;\n(b) the meat, blood, hide, skin, wool, hair, feathers, beaks, horns,\nantlers, hooves, feet and offal of livestock;\n(c) fat, milk, whey, cream, butter, cheese, eggs and other food or\nfoodstuffs derived from livestock;\n(d) honey and other products from honey bees;\n(e) the semen, ova or embryo of livestock;\n(f) the secretions and excretions, including manure and other\nwastes, from livestock.\napproved form means a form approved under section 89(1) or 95.\nauthorisation means an authorisation in accordance with\nsection 114.\nbiological preparation means any of the following:\n(a) a product used in relation to the diagnosis, prevention,\nalleviation or cure of a disease or abnormal condition in\nlivestock that is:\n(i) prepared in any manner from animal tissue (including\nblood, lymph or glandular secretion); or\n(ii) produced in any manner by the agency of any\nmicroscopic or ultramicroscopic organisms or ferments;\n(b) a synthetic compound identical with or closely related to a\nproduct mentioned in paragraph (a) and having or claimed to\nhave a comparable use;\n\nLivestock Act 2008 3\n(c) a substance prescribed by regulation.\nbiosecurity impact, for Part 2A, see section 16A.\nbiosecurity management area means an area of land to which a\nbiosecurity management plan applies.\nbiosecurity management plan means a biosecurity management\nplan made under section 16B.\nbiosecurity matter, for Part 2A, see section 16A.\nbrand means a 3-letter brand or symbol brand.\nbuffalo means animals of the species Bubalus bubalis.\ncarcass includes the hide, skin, wool, hair and viscera of an\nanimal.\ncarrier, for Part 2A, see section 16A.\ncattle means bovine animals but does not include buffalo.\nChief Inspector means the person holding or occupying the office\nof Chief Inspector of Livestock mentioned in section 90.\nclassified property means a property given a classification under\nsection 47(1).\ncontrol, of a disease, includes the following:\n(a) investigating the existence of the disease;\n(b) monitoring the extent of the disease;\n(c) preventing the occurrence or spread of the disease;\n(d) preventing the disease entering the Territory;\n(e) eradicating the disease.\ncontrol program means a disease control program established\nunder section 50(1).\ncontrolled livestock, see section 50(2)(b).\nCrown lands, see the Crown Lands Act 1992.\ndeclared area means an area or zone declared under\nsection 58(1)(a), (b) or (c).\n\nLivestock Act 2008 4\ndestroyed livestock, for Part 5, see section 69(1).\ndestroyed things, for Part 5, see section 69(2).\ndetermination of classifications, see section 46(1).\ndetermination of compensation means a determination of\ncompensation payable under Part 5, Division 4.\ndisease means a disease or condition capable of affecting\nearmark means a mark made on the ear of an animal.\nemergency disease, see section 30(3).\nendemic disease, see section 30(4).\nenter includes board.\nexotic disease, see section 30(5).\nfence includes a wall, railing and any similar fixed or portable\nbarrier or structure.\nfodder means hay, straw, grass, green crop, root, vegetable, grain,\ncorn, meal, licks, litter, manure, manufactured foodstuff,\nmammalian material or other similar thing:\n(a) used, or intended for use, as food or litter for livestock; or\n(b) used, or intended for use, as an ingredient of food or litter for\nlivestock; or\n(c) found with or near livestock.\nhealth certificate, for prescribed imported livestock, means a\nhealth certificate in accordance with section 17(2).\nhoney bee means a European honey bee of the species Apis\nmellifera.\nhorse means an equine animal.\ninfected, see section 29(1).\ninspector means a person holding or occupying the office of an\ninspector of livestock mentioned in section 91, and includes the\nChief Inspector.\nlivestock, see section 5.\n\nLivestock Act 2008 5\nmammalian material means:\n(a) blood, bone, flesh or other tissue from mammals; or\n(b) meal obtained by rendering mammalian blood, bone, flesh or\nother tissue.\nnominated person, for a biosecurity management plan, see\nsection 16B(1)(b).\nnotifiable disease, see section 30(2).\nobstruct includes resist and hinder.\nowner includes the following:\n(a) in relation to premises – a person who holds an estate in fee\nsimple in, or a lease or licence over, the premises and a\nperson who manages or has control over the premises;\n(b) in relation to livestock or other things – an agent or employee\nof the owner and a person who has control of the livestock or\nthing.\npecuniary interest, for Part 5, Division 4, does not include a fee or\ncommission payable to a member of a valuation panel, valuer or\nvaluation reviewer.\npossession includes custody, care, control and supervision.\npoultry includes all species of domestic ducks, geese and turkeys.\npremises means any of the following:\n(a) a property;\n(b) a building or other structure and the land on which it is\nsituated, irrespective of whether the building or structure is\naffixed to the land;\n(c) a vehicle, including an aircraft, vessel and rolling stock\noperating on or using a railway track.\nprescribed imported livestock means livestock prescribed under\nsection 17(1).\nprescribed travelling livestock means livestock prescribed under\nsection 20(1).\nprogram area, see section 50(2)(c).\n\nLivestock Act 2008 6\nproperty means land held by a person under any form of tenure.\nquarantine order means an order made under Part 4, Division 3.\nreasonably believes means believes on reasonable grounds.\nreasonably suspects means suspects on reasonable grounds.\nregistered, in relation to a person, thing or matter, means\ninformation about the person, thing or matter entered in a register\nkept under this Act.\nregistered veterinarian, see the Veterinarians Act 1994.\nRegistrar means the person holding or occupying the office of\nRegistrar mentioned in section 86.\nresidential premises means premises used exclusively or\nprimarily as a residence, and includes a private room in (but not any\nother part of) a motel, hotel or guesthouse.\nreviewable decision means a decision mentioned in section 119,\n120 or 121.\nsell means dispose of for valuable consideration, and includes the\n(a) barter;\n(b) consign to an agent for sale;\n(c) offer for sale;\n(d) receive or possess for sale;\n(e) expose for sale;\n(f) send or deliver for sale;\n(g) permit to be sold, offered or exposed for sale.\nstandstill zone means an area declared under section 55(1) to be\na standstill zone.\nstandstill zone movement permit means a permit issued under\nsection 56(1).\nstock route means land:\n(a) reserved under the Crown Lands Act 1992 for a stock route\nand travelling stock; or\n\nLivestock Act 2008 7\n(b) declared under the Crown Lands Act 1992 to be a route for\nthe passage of travelling stock.\nstructure includes a yard, pen and enclosure but does not include\na building used as residential premises.\nsymbol brand means a brand consisting of a symbol.\ntravelling livestock means livestock driven on the hoof, or\ntransported by road, rail, water or air in the Territory, outside the\nproperty on which the livestock are usually kept.\ntest includes analysis, examination, experiment and investigation.\ntreat means to dip, drench, dress, rub, spray, spot, vaccinate,\ninject, implant, disinfect, fumigate or otherwise treat or clean with a\nsubstance or mixture of substances.\nunowned, in relation to livestock, includes livestock that is feral or\nabandoned.\nvaluation panel means the valuation panel constituted under\nsection 80.\nvaluation reviewer means a person selected under section 83 to\nreview a determination of compensation.\nvaluer means a person appointed under section 81 to make a\ndetermination of compensation.\nwarrant means a warrant to enter residential premises issued\nunder section 105(2).\nwaybill means an approved form of waybill.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Livestock","content":"5 Livestock\n(1) The following animals are livestock:\n(a) crocodiles, cattle, buffalo, horses, camels, sheep, goats, pigs\n(including wild pigs), deer, llamas, alpacas, poultry and honey\nbees;\n(b) any other animals declared to be livestock under\nsubsection (2).\n\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Identification of livestock, properties and other things","content":"Part 2 Identification of livestock, properties and other things\nLivestock Act 2008 8\n(2) The Minister may, by Gazette notice, declare animals to be\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Application of Criminal Code","content":"6 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Act binds Crown","content":"7 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\nPart 2 Identification of livestock, properties and other\nthings\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Prescription of livestock for this Division","content":"8 Prescription of livestock for this Division\nThe regulations may prescribe the livestock for which the Registrar\nmay register 3-letter brands under this Division.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Registration of 3-letter brand, symbol brand and earmark","content":"9 Registration of 3-letter brand, symbol brand and earmark\n(1) On application by a person in accordance with the regulations, the\nRegistrar may register a 3-letter brand to the person:\n(a) for use on a particular property; and\n(b) to be applied to particular livestock prescribed under section 8.\n(2) On application by the registered owner of a 3-letter brand, the\nRegistrar may register a symbol brand or earmark (or both) in\nconnection with the 3-letter brand.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Limit on number of brands to be registered for property","content":"10 Limit on number of brands to be registered for property\n(1) A person may have only one 3-letter brand registered to the person\nfor use on a particular property.\n\nPart 2 Identification of livestock, properties and other things\nLivestock Act 2008 9\n(2) The registered owner of a 3-letter brand may have no more than\n3 symbol brands registered in connection with the 3-letter brand.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Transfer of registered 3-letter brand","content":"11 Transfer of registered 3-letter brand\n(1) The registered owner of a 3-letter brand may apply to the Registrar\nto register the transfer of the brand to another person.\n(2) The transfer of a 3-letter brand operates as a transfer of all symbol\nbrands and earmarks registered in connection with the 3-letter\nbrand.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Cancellation of registration, substitution and re-registration","content":"12 Cancellation of registration, substitution and re-registration\n(1) The Registrar must cancel the registration of a 3-letter brand as\nsoon as practicable after the registered owner of the brand applies\nfor its cancellation.\n(2) The Registrar may cancel the registration of a 3-letter brand on the\nRegistrar's initiative only in accordance with the regulations.\n(3) If the registration of a 3-letter brand is cancelled, the registration of\na symbol brand or earmark in connection with the cancelled 3-letter\nbrand is also cancelled unless the Registrar registers another\n3-letter brand in substitution for the cancelled brand.\n(4) The Registrar may re-register a 3-letter brand 5 or more years after\nthe date on which the registration of the brand was cancelled.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Registration of symbol brand for Chief Inspector","content":"13 Registration of symbol brand for Chief Inspector\nOn application by the Chief Inspector, the Registrar may register a\nsymbol brand to be used in connection with the testing or treatment\nof particular livestock.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Brands for public pounds","content":"14 Brands for public pounds\n(1) If a public pound is established in the Territory, the Registrar must\nallot a brand to the pound for use on impounded horses or cattle.\n(2) The Registrar must keep a register of brands allotted to public\npounds.\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"System for identifying certain properties","content":"15 System for identifying certain properties\n(1) The Registrar may establish and administer a system to identify\neach property on which livestock prescribed by regulation are kept.\n\nLivestock Act 2008 10\n(2) The Registrar must allot a property identification code to each\nproperty identified by the system and keep a register of allotted\ncodes.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Approval of identification devices and marks","content":"16 Approval of identification devices and marks\n(1) The Registrar may, by Gazette notice, approve identification\ndevices or identification marks to be attached or applied to, or used\non, livestock or things associated with livestock.\n(2) An approval by the Registrar may be in connection with the\nproperty identification system established under section 15 or for\nany other system of identification under this Act.\n","sortOrder":16},{"sectionNumber":"16A","sectionType":"section","heading":"Definitions","content":"16A Definitions\nbiosecurity impact means an adverse effect on the economy, the\nenvironment or the community that arises, or has the potential to\narise, from a biosecurity matter or a carrier introducing or spreading\na disease into or within the Territory or any part of the Territory.\nbiosecurity matter means any of the following:\n(a) livestock or any part of livestock;\n(b) an animal product;\n(c) a notifiable disease;\n(d) an animal pathogen;\n(e) a pathogen that can cause disease in a human via\ntransmission from a livestock host to a human;\n(f) a non-living thing that:\n(i) occurs in or on a carrier or a thing mentioned in\nparagraphs (a) to (e); or\n(ii) may be ingested or absorbed by a carrier or a thing\nmentioned in paragraphs (a) to (e);\n(g) anything prescribed by regulation to be a biosecurity matter.\n\nLivestock Act 2008 11\ncarrier means any thing (whether alive, dead or inanimate,\nincluding a human) that has, or is capable of having, any\nbiosecurity matter on it, attached to it or contained in it.\n","sortOrder":17},{"sectionNumber":"16B","sectionType":"section","heading":"Biosecurity management plans","content":"16B Biosecurity management plans\n(1) The owner of a property for which a property identification code is\nallotted under section 15(2) may prepare or adopt a biosecurity\nmanagement plan that includes the following:\n(a) reasonable measures to prevent, eliminate or minimise the\nrisk of a biosecurity impact caused by persons entering or\ncarrying out activities at or from the property;\n(b) the name and contact details of the person in charge of\nmanaging entry to the property (the nominated person);\n(c) the information prescribed by regulation.\n(2) A measure included in a biosecurity management plan that is not a\nmeasure of a kind mentioned in subsection (1)(a) is taken not to be\npart of the plan.\n(3) A biosecurity management plan may:\n(a) apply to the whole or part of a property, but more than one\nbiosecurity management plan cannot apply to the same part of\nthe property; and\n(b) amend, revoke or replace an existing biosecurity management\nplan.\n","sortOrder":18},{"sectionNumber":"16C","sectionType":"section","heading":"Sign to be affixed at property to which biosecurity","content":"16C Sign to be affixed at property to which biosecurity\nmanagement plan applies\n(1) The owner of a property to which a biosecurity management plan\napplies must erect signage that complies with the requirements of\nthis section.\n(2) A sign must be affixed and conspicuously displayed at each public\nmotor vehicle and pedestrian access point at the property, or part of\nthe property, to which the biosecurity management plan applies.\n(3) Each sign must include:\n(a) a statement that:\n(i) a biosecurity management plan applies to the property;\nand\n\nLivestock Act 2008 12\n(ii) entry to the property, or part of the property, without\nconsent is restricted under section 16D; and\n(iii) failure to comply with the plan may be an offence against\nthis Act; and\n(b) the contact details for the nominated person; and\n(c) any other information prescribed by regulation.\n(4) A person commits an offence if the person defaces, damages or\nremoves a sign erected under this section.\nMaximum penalty: 20 penalty units.\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n","sortOrder":19},{"sectionNumber":"16D","sectionType":"section","heading":"Consent to enter biosecurity management area","content":"16D Consent to enter biosecurity management area\n(1) This section does not apply in relation to a person who, under a law\nof the Territory or the Commonwealth, has a right to enter land that\nis a biosecurity management area.\nExamples for subsection (1)\n1 A person who holds a mineral title under the Mineral Titles Act 2010\nauthorising the person to conduct mining for minerals or extractive\nminerals on land that is part of a biosecurity management area.\n2 A person entitled to enter land that is part of a biosecurity management\narea under a condition of a lease under the Pastoral Land Act 1992.\n(2) A person must not enter a biosecurity management area without\nthe consent of the nominated person for the biosecurity\nmanagement plan for the area.\n(3) Consent under subsection (2) must be given in writing or\nelectronically.\n(4) The nominated person may withdraw the consent at any time.\n(5) A person with consent to enter a biosecurity management area\nmust keep a copy of the consent on the person at all times when\nthe person is in the area and must produce the consent to the\nnominated person or an inspector on request.\n\nLivestock Act 2008 13\n","sortOrder":20},{"sectionNumber":"16E","sectionType":"section","heading":"Notification of entry","content":"16E Notification of entry\nA person who, under a law of the Territory or the Commonwealth,\nhas a right to enter a biosecurity management area must, before\nentering the area, or as soon as reasonably practicable after\nentering the area, notify the nominated person of the proposed\nentry or entry.\n","sortOrder":21},{"sectionNumber":"16F","sectionType":"section","heading":"Copy of biosecurity management plan to be provided","content":"16F Copy of biosecurity management plan to be provided\nThe nominated person for a biosecurity management plan must\ngive a copy of the biosecurity management plan:\n(a) to a person given consent to enter the biosecurity\nmanagement area under section 16D when the consent is\ngiven; and\n(b) to a person who gives notice of their entry under section 16E\nas soon as practicable after the notice is given.\n","sortOrder":22},{"sectionNumber":"16G","sectionType":"section","heading":"Compliance with biosecurity management plan","content":"16G Compliance with biosecurity management plan\n(1) A person who enters or remains in a biosecurity management area\nmust comply with the biosecurity management plan for the area.\n(2) A person commits an offence if:\n(a) the person is in a biosecurity management area; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a contravention of the biosecurity\nmanagement plan for the area and the person is reckless in\nrelation to that result.\nMaximum penalty: 50 penalty units.\n(3) Strict liability applies to subsection (2)(a).\n(4) It is a defence to the prosecution of an offence against\nsubsection (2) if the defendant:\n(a) is a public sector employee exercising powers or performing\nfunctions under a law of the Territory; or\n(b) is an APS employee, as defined in section 7 of the Public\nService Act 1999 (Cth), performing functions under a law of\nthe Commonwealth; or\n(c) enters or remains in the area in an emergency; or\n\nLivestock Act 2008 14\n(d) has a reasonable excuse.\n","sortOrder":23},{"sectionNumber":"16H","sectionType":"section","heading":"Inspector's powers in relation to biosecurity management","content":"16H Inspector's powers in relation to biosecurity management\nplans\n(1) For this Act, an inspector may require a person who is in a\nbiosecurity management area to do any of the following:\n(a) state the person's name and address;\n(b) provide:\n(i) a copy of the person's consent to enter or remain in the\narea under section 16D(2); or\n(ii) evidence of the person's right under a law of the\nTerritory or a law of the Commonwealth to enter or\nremain in the area.\n(2) A person given a requirement under subsection (1) commits an\noffence if the person contravenes the requirement.\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant has a reasonable excuse.\n","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Prescribed imported livestock and health certificate","content":"17 Prescribed imported livestock and health certificate\n(1) The regulations may prescribe the livestock that require a health\ncertificate before being brought into the Territory from a State or\nanother Territory.\n(2) A health certificate for prescribed imported livestock:\n(a) must be in an approved form; and\n(b) must be completed and signed by a veterinary officer, or\ninspector of livestock (however described), employed by the\nState or Territory where the travel of the livestock begins.\n(3) The health certificate may be included in a waybill issued for the\nprescribed imported livestock.\n\nLivestock Act 2008 15\n(4) The owner of prescribed imported livestock commits an offence if\nthe owner does not, before the livestock enter the Territory, ensure\nthere is a health certificate for the livestock.\n","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Notice of restrictions","content":"18 Notice of restrictions\n(1) The Chief Inspector may, by Gazette notice, impose restrictions in\nrelation to the prescribed imported livestock specified in the notice.\n(2) The notice may require the owner of the livestock to do any of the\n(a) ensure the livestock enter the Territory at a specified place;\n(b) before the livestock enter the Territory – test or treat them as\nspecified in the notice;\n(c) before the livestock enter the Territory – identify them or their\ndisease status (or both) as specified in the notice.\n(3) The owner of prescribed imported livestock must not contravene a\nnotice under subsection (1).\n","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"No purchase without health certificate","content":"19 No purchase without health certificate\nA person must not purchase prescribed imported livestock during\ntheir travel in the Territory, or at the place of their destination in the\nTerritory, if there is no health certificate for the livestock.\nFault element: Knowledge that there is no health certificate\nfor the livestock.\n","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Prescribed travelling livestock and waybill","content":"20 Prescribed travelling livestock and waybill\n(1) The regulations may prescribe the livestock for which a waybill\nmust be issued before the livestock begin travelling.\n\nLivestock Act 2008 16\n(2) The owner of prescribed travelling livestock commits an offence if\nthe owner does not issue a completed waybill for the livestock\nbefore they begin travelling.\n(3) Subsection (2) does not apply if:\n(a) the livestock are being returned to the property on which they\nare usually kept after straying beyond the boundaries of the\nproperty; or\n(b) the owner of the livestock has authorisation from the Registrar\nto move the livestock without a waybill.\n(4) The Registrar may authorise the owner of prescribed travelling\nlivestock to move the livestock without a waybill if the Registrar\nconsiders it is reasonable in the circumstances to do so.\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"No purchase without waybill","content":"21 No purchase without waybill\nA person must not purchase prescribed travelling livestock during\ntheir travel in the Territory, or at the place of their destination in the\nTerritory, if there is no completed waybill for the livestock.\nFault element: Knowledge that there is no waybill for the\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Closure of stock route","content":"22 Closure of stock route\n(1) The Chief Inspector may close all or part of a stock route if the\nChief Inspector considers it should not be used by travelling\n(2) The closure may be because of (but is not limited to) any of the\n(a) drought;\n(b) the destruction of pasture;\n(c) the need to control a notifiable disease.\n\nLivestock Act 2008 17\n(3) Notice of the closure must be published in the Gazette and a\nnewspaper circulating in the Territory, and the closure takes effect\non the later date of publication.\n(4) A person must not drive travelling livestock on the hoof on a part of\na stock route that is closed under subsection (1).\n(a) intentionally drives the livestock on the hoof on that part of the\nstock route; and\n(b) is reckless in relation to the circumstance of the closure.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Prescribed rate of travel","content":"23 Prescribed rate of travel\n(1) The regulations may prescribe a rate of travel for specified\ntravelling livestock being driven on the hoof on a stock route\n(specified travelling livestock).\n(2) A person in charge of specified travelling livestock commits an\noffence if the person does not move the livestock towards their\ndestination at the rate of travel prescribed for the livestock.\nFault element: The person knows or ought to know the\nlivestock are not moving at the prescribed\nrate of travel.\n(3) Subsection (2) does not apply if the person has authorisation from\nthe Registrar, in accordance with the regulations, to move the\nlivestock at a slower rate of travel than is prescribed.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Travelling livestock not to be left unattended","content":"24 Travelling livestock not to be left unattended\nA person in charge of travelling livestock must not leave any of the\nlivestock unattended on a stock route.\n(a) intentionally leaves the livestock on a stock route; and\n\n","sortOrder":32},{"sectionNumber":"Div 4","sectionType":"division","heading":"Travelling livestock and stray livestock on or near properties","content":"Division 4 Travelling livestock and stray livestock on or near properties\nLivestock Act 2008 18\n(b) is reckless in relation to the circumstance that the livestock are\nunattended.\nDivision 4 Travelling livestock and stray livestock on or near\nproperties\n","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Owner of property may examine travelling livestock","content":"25 Owner of property may examine travelling livestock\n(1) This section applies if the owner of a property through which, or\nalong the boundary of which, travelling livestock are being driven on\nthe hoof reasonably believes it is necessary or desirable to examine\nthe livestock to prevent the spread of a disease.\n(2) The owner of the property may:\n(a) tell the person in charge of the travelling livestock of the\nowner's belief and the grounds for it; and\n(b) request the person to do any of the following:\n(i) allow the owner to inspect a waybill, health certificate,\npermit or authorisation relating to the livestock;\n(ii) allow the owner to examine the livestock;\n(iii) assist the owner by mustering and controlling the\nlivestock for examination.\n(3) The person in charge of the travelling livestock must comply with\nthe property owner's request under subsection (2)(b).\n","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Notification of escape of travelling livestock","content":"26 Notification of escape of travelling livestock\nA person in charge of travelling livestock commits an offence if:\n(a) any of the livestock escape from the person's control on or\nonto a property; and\n(b) the person does not, as soon as reasonably practicable, notify\nthe owner of the property and an inspector of the escape.\nFault element: Knowledge of the escape of the livestock.\n\nDivision 4 Travelling livestock and stray livestock on or near properties\nLivestock Act 2008 19\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Owner may retrieve stray livestock from property","content":"27 Owner may retrieve stray livestock from property\n(1) The owner of livestock (the livestock owner) that are on a property\nowned by someone else (the property owner) may retrieve the\nlivestock in accordance with this section.\n(2) The livestock owner must make reasonable attempts to reach an\nagreement with the property owner to retrieve the livestock.\n(3) If, after making reasonable attempts under subsection (2), the\nlivestock owner and property owner have not reached an\nagreement, the livestock owner may give the property owner written\nnotice that the livestock owner intends to:\n(a) enter the property:\n(i) at a place specified in the notice; and\n(ii) at a time specified in the notice (which must be no earlier\nthan 14 days after the day on which notice is given); and\n(b) muster the livestock specified in the notice; and\n(c) leave the property (with or without the livestock):\n(i) within 7 days after entering the property; and\n(ii) at a place specified in the notice.\nNote for subsection (3)\nThe livestock owner is required to comply with a biosecurity management plan\nthat applies to the property under Part 2A.\n(4) If the property is on Aboriginal land, as defined in section 3(1) of the\nAboriginal Land Rights (Northern Territory) Act 1976 (Cth), a copy\nof the notice must also be given to the Land Council established\nunder that Act for the area of the Territory in which the property is\nlocated.\n(5) The property owner may inspect the livestock before the livestock\nleaves the property.\n(6) A livestock owner must not enter or remain on a property to retrieve\nlivestock except in accordance with:\n(a) an agreement with the property owner; or\n(b) a notice given under subsection (3).\n\n","sortOrder":36},{"sectionNumber":"Div 5","sectionType":"division","heading":"Inspector's powers relating to travelling livestock","content":"Division 5 Inspector's powers relating to travelling livestock\nLivestock Act 2008 20\n(7) A person commits an offence if the person contravenes\nsubsection (6).\nMaximum penalty: 50 penalty units.\n(8) An offence against subsection (7) is an offence of strict liability.\n(9) It is a defence to a prosecution for an offence against\nsubsection (7) if the defendant has a reasonable excuse.\nDivision 5 Inspector's powers relating to travelling livestock\n","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Powers","content":"28 Powers\n(1) For this Act, an inspector may do any of the following:\n(a) order a person who is accompanying travelling livestock to\nstate the name of the person who is in charge of the livestock;\n(b) order the person in charge of travelling livestock to do any of\nthe following:\n(i) provide the name and address of the owner of the\nlivestock or the agent of the owner, or both;\n(ii) state the place from which the livestock have travelled;\n(iii) state the place to which the livestock are being\ndelivered;\n(iv) give other information concerning the livestock that the\ninspector requires;\n(v) produce a completed waybill for the livestock;\n(vi) drive or transport the livestock to a place specified by the\ninspector and hold them at that place for the period the\ninspector specifies;\n(vii) move the livestock to a place where the livestock may\nlawfully continue travelling if the inspector reasonably\nbelieves they are at a place in contravention of this Act;\n(viii) clean up and destroy any litter or refuse left by the\nperson or any other person accompanying the livestock;\n(ix) repair to the satisfaction of the inspector any damage to\ninstallations or equipment on a stock route caused by\nthe livestock, the person in charge or any other person\naccompanying the livestock;\n\nLivestock Act 2008 21\n(x) destroy or dispose of carcasses of any of the livestock;\n(xi) destroy livestock the inspector reasonably believes are\ninjured.\n(2) A person given an order under subsection (1) must not contravene\nsubsection (2) if the defendant establishes a reasonable excuse.\n","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Infected livestock and other things","content":"29 Infected livestock and other things\nLivestock, premises, animal products or other things are infected if\nthey:\n(a) are suffering from or affected by a notifiable disease; or\n(b) have been in contact with anything that, at the time of contact,\nwas suffering from or affected by a notifiable disease; or\n(c) react to a test, approved by the Chief Inspector by Gazette\nnotice, for a notifiable disease.\n","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Declaration and classification of notifiable diseases","content":"30 Declaration and classification of notifiable diseases\n(1) The Chief Executive Officer may, by Gazette notice, declare a\ndisease or animal pathogen to be a notifiable disease and classify it\nas an emergency disease, endemic disease or exotic disease.\n(2) A notifiable disease is a disease or animal pathogen that poses a\nthreat to the livestock industry.\n(3) An emergency disease is a disease specified as such under an\nagreement between the State and Territory Governments.\n(4) An endemic disease is a notifiable disease endemic to Australia.\n(5) An exotic disease is a notifiable disease originating outside\nAustralia.\n\nLivestock Act 2008 22\n","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Publication of list of notifiable diseases","content":"31 Publication of list of notifiable diseases\n(1) The Chief Inspector must publish on the Agency's website a list of\nall notifiable diseases and their classifications as emergency\ndiseases, endemic diseases or exotic diseases.\n(2) The Chief Inspector must make hard copies of the list of notifiable\ndiseases available to the public free of charge.\n","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Approval of laboratories and tests","content":"32 Approval of laboratories and tests\n(1) The owner of a diagnostic laboratory may apply in writing to the\nChief Inspector to approve the laboratory for the testing of samples\nor specimens taken from livestock or animal products to determine\nwhether they are infected.\n(2) The Chief Inspector may approve the laboratory by Gazette notice.\n(3) The Chief Inspector may, by Gazette notice, approve tests for the\ndetection of an emergency disease that may be used in a\nlaboratory approved under subsection (1).\n(4) In this section:\ndiagnostic laboratory means premises used for any of the\nfollowing purposes:\n(a) the manufacture of biological preparations;\n(b) the pathological examination of sick or infected livestock, or\nlivestock suspected of being infected, or animal products;\n(c) the examination of livestock for internal or external parasites;\n(d) the analysis of toxic substances that may affect livestock;\n(e) the testing or use of animal pathogens or biological\npreparations;\n(f) the testing of specimens from livestock or animal products, or\nthe storage or processing of such specimens.\n","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Inspectors may investigate and destroy","content":"33 Inspectors may investigate and destroy\n(1) An inspector may do any of the following:\n(a) search for, trap and destroy vectors of disease;\n\nLivestock Act 2008 23\n(b) investigate the following:\n(i) the cause of a disease in livestock or other things;\n(ii) whether or not livestock or other things are infected;\n(iii) a source that is likely to cause or to have caused\nlivestock or other things to be infected;\n(c) inspect or examine a thing or place for the presence of a\ndisease or animal pathogen.\n(2) An inspector may take a sample of a carcass, tissue of livestock or\nany other thing to be tested for the presence of a disease, biological\npreparation, chemical or veterinary drug.\n(3) In exercising a power under this section, an inspector may destroy\nan animal or animal product only if:\n(a) it is necessary to do so to enable a proper diagnosis or\ninvestigation to be made; and\n(b) the Chief Inspector or owner of the animal or animal product\nconsents to its destruction.\n","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Inspectors may mark or treat livestock and other things","content":"34 Inspectors may mark or treat livestock and other things\n(1) An inspector who reasonably suspects livestock are infected, may\ndo any of the following:\n(a) mark the livestock in a way approved by the Chief Inspector or\norder the owner of the livestock to do so;\n(b) treat the livestock or order the owner of the livestock to do so.\n(2) An inspector who reasonably suspects any other animal or an\nanimal product is infected, may treat the animal or animal product\nor order the owner of the animal or animal product to do so.\n(3) An inspector may vaccinate livestock or any other animals against a\ndisease or order the owner of the livestock or animals to do so.\n","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Inspector may order destruction of carcasses","content":"35 Inspector may order destruction of carcasses\nIf an inspector considers it necessary to prevent the spread of a\ndisease, the inspector may order the owner of livestock that have\ndied or been destroyed to destroy the carcasses of the livestock in\na specified manner.\n\nLivestock Act 2008 24\n","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Chief Inspector may order erection or maintenance of facilities","content":"36 Chief Inspector may order erection or maintenance of facilities\nThe Chief Inspector may order the owner of livestock to erect or\nmaintain any of the following in accordance with the specifications\nof the Chief Inspector:\n(a) facilities for testing livestock for a disease;\n(b) a fence to contain livestock for testing for a disease.\n","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Chief Inspector may order general protection measures","content":"37 Chief Inspector may order general protection measures\nThe Chief Inspector may order the owner of livestock to protect, in a\nspecified manner, livestock or any other thing from the risk of\ninfection.\n","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Chief inspector may order detention","content":"38 Chief inspector may order detention\nThe Chief Inspector may order the owner of livestock to detain and\nhold any of the following:\n(a) infected livestock or livestock the Chief Inspector reasonably\nsuspects are infected or may have come into contact with a\nbiological preparation or animal pathogen;\n(b) an animal product from infected livestock or from livestock the\nChief Inspector reasonably suspects are infected or may have\ncome into contact with a biological preparation or animal\npathogen;\n(c) things used in connection with anything mentioned in\nparagraph (a) or (b);\n(d) fodder that may have come into contact with anything\nmentioned in paragraphs (a) to (c);\n(e) animals other than livestock that may have come into contact\nwith anything mentioned in paragraphs (a) to (d).\n","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Chief Inspector may seize and order destruction or removal","content":"39 Chief Inspector may seize and order destruction or removal\n(1) The Chief Inspector may seize any of the following:\n(a) anything mentioned in section 38(a) to (e), regardless of\nwhether it is being held by the owner of livestock;\n(b) animal pathogens;\n(c) biological preparations.\n\nLivestock Act 2008 25\n(2) The Chief Inspector may order the owner of livestock to destroy an\nanimal pathogen or biological preparation or remove it from a\nproperty and take it to a place specified in the order.\n","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Order for destruction or disposal to minimise risk of disease","content":"40 Order for destruction or disposal to minimise risk of disease\nIn addition to specific powers of destruction or disposal under this\nAct, the Chief Inspector may order the destruction or disposal of\nanything (including livestock) seized under this Act if:\n(a) the Chief Inspector reasonably believes the action will assist in\nminimising the risk of a disease spreading; and\n(b) the Chief Executive Officer approves the order.\n","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Offence to contravene order","content":"41 Offence to contravene order\nA person given an order under this Division must not contravene\n","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Quarantine order: suspected presence of disease in thing","content":"42 Quarantine order: suspected presence of disease in thing\n(including livestock)\n(1) The Chief Inspector may make any of the following orders if the\ninspector reasonably suspects the presence of a disease in any\nthing (including livestock):\n(a) the owner of the thing must keep the thing contained within a\nspecified area;\n(b) the owner of the thing must move the thing to a specified\nplace and keep it there in accordance with the conditions\nspecified in the order.\n(2) An order under subsection (1) may make provision for the thing to\nbe released from the area or place in which it is kept in accordance\nwith:\n(a) a condition specified in the order; or\n(b) the written permission of the Chief Inspector.\n\nLivestock Act 2008 26\n(3) An order under subsection (1) may include a requirement that the\nowner of the thing must establish, repair or maintain a fence to\nensure compliance with the order.\n","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Quarantine order: suspected presence of disease on property","content":"43 Quarantine order: suspected presence of disease on property\n(1) The Chief Inspector may make any of the following orders if the\nChief Inspector reasonably suspects the presence of a disease on\na property:\n(a) the owner of the property must not allow any thing (including\nlivestock) specified in the order to enter or leave the property;\n(b) the owner of the property must not allow any thing (including\nlivestock) specified in the order to enter or leave the property\nexcept in accordance with:\n(i) a condition specified in the order; or\n(ii) the written permission of the Chief Inspector.\n(2) An order under subsection (1) may include a requirement that the\nowner of the property must establish, repair or maintain a fence to\nensure compliance with the order.\n","sortOrder":53},{"sectionNumber":"43A","sectionType":"section","heading":"Quarantine order: suspected presence of disease on area of","content":"43A Quarantine order: suspected presence of disease on area of\nland\nIf the Chief Inspector reasonably suspects the presence of a\ndisease on an area of land, the Chief Inspector may make any of\nthe following orders:\n(a) a person or vehicle must not enter, leave or move within the\narea except in accordance with:\n(i) a condition specified in the order; or\n(ii) the written permission of the Chief Inspector;\n(b) the owner of livestock, an animal or other specified thing must\nensure the livestock, animal or thing does not enter, leave or\nmove within the area except in accordance with the conditions\nspecified in the order.\n","sortOrder":54},{"sectionNumber":"44","sectionType":"section","heading":"Period of quarantine order","content":"44 Period of quarantine order\n(1) A quarantine order remains in force for the period specified in the\norder, which must not be more than 40 days.\n\nLivestock Act 2008 27\n(2) An inspector may revoke a quarantine order before the end of the\nspecified period if the inspector is satisfied it is appropriate to do so.\n","sortOrder":55},{"sectionNumber":"45","sectionType":"section","heading":"Offence to contravene quarantine order","content":"45 Offence to contravene quarantine order\nA person given a quarantine order must not contravene the order.\n","sortOrder":56},{"sectionNumber":"46","sectionType":"section","heading":"Determination of classifications for properties","content":"46 Determination of classifications for properties\n(1) The Chief Inspector may, by Gazette notice, determine the\nclassifications that may be given to properties in relation to a\nnotifiable disease specified in the notice (a determination of\nclassifications).\n(2) A determination of classifications must specify the criteria or\ncircumstances that must apply in relation to a property before it may\nbe given a classification.\n","sortOrder":57},{"sectionNumber":"47","sectionType":"section","heading":"Classification of property","content":"47 Classification of property\n(1) If the Chief Inspector reasonably believes that any of the criteria or\ncircumstances specified in a determination of classifications apply\nin relation to a property, the Chief Inspector may give the property a\nclassification by reference to the determination.\n(1A) The Chief Inspector must revoke a classification under\nsubsection (1) if the criteria or circumstances on which the\nclassification is based no longer apply to the property.\n(2) The Chief Inspector must give the owner of a classified property\nwritten notice of the classification or revocation of classification.\n","sortOrder":58},{"sectionNumber":"48","sectionType":"section","heading":"Restrictions and requirements for classified property","content":"48 Restrictions and requirements for classified property\n(1) For the control of a notifiable disease specified in a determination of\nclassifications, the Chief Inspector may give the owner of a property\nclassified by reference to the determination a notice specifying the\nrestrictions or requirements applicable to:\n(a) the classified property; and\n(b) the persons, vehicles, livestock, animals, animal products or\nother things specified in the notice.\n\nLivestock Act 2008 28\n(2) The notice may include (but is not limited to) the following:\n(a) restrictions relating to entry into, exit from, or movement within\nthe classified property;\n(b) requirements relating to the treatment of the specified\n(3) The owner of the classified property must not contravene the\nnotice.\n","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Object of Division","content":"49 Object of Division\nThe object of this Division is to permit a variety of actions to be\ntaken to control a disease, particularly for the testing, treatment or\ndestruction of infected livestock and other things, if:\n(a) the disease is present in the Territory; or\n(b) there is a serious threat of the occurrence of the disease in the\nTerritory.\n","sortOrder":60},{"sectionNumber":"50","sectionType":"section","heading":"Establishment of control program","content":"50 Establishment of control program\n(1) The Minister may, by Gazette notice, establish a disease control\nprogram for the control of a disease specified in the notice.\n(2) The notice must include the following information:\n(a) if the specified disease is a notifiable disease – its\nclassification as an emergency disease, endemic disease or\nexotic disease;\n(b) the livestock, including travelling livestock, to which the control\nprogram applies (controlled livestock);\n(c) the area to which the control program applies (the program\narea).\n(3) For subsection (2)(c), the program area for a control program may\nbe one or more areas of the Territory or the whole of the Territory.\n\nLivestock Act 2008 29\n","sortOrder":61},{"sectionNumber":"51","sectionType":"section","heading":"Requirement for particular test","content":"51 Requirement for particular test\n(1) The Minister may require a particular test to be used to determine\nwhether controlled livestock are infected with a disease to which the\ncontrol program relates.\n(2) The requirement may be included in the notice establishing the\ncontrol program or published in a Gazette notice at any time during\nthe control program.\n","sortOrder":62},{"sectionNumber":"52","sectionType":"section","heading":"Approvals","content":"52 Approvals\nFor a control program, the Chief Inspector may approve any of the\n(a) methods for locating and assembling livestock in the program\narea;\n(b) treatments to be used on controlled livestock or things, places\nand structures in the program area;\n(c) methods of disposal or destruction of livestock or other things\nin the program area.\n","sortOrder":63},{"sectionNumber":"53","sectionType":"section","heading":"Orders","content":"53 Orders\n(1) For a control program, the Chief Inspector may make any of the\nfollowing orders:\n(a) the owner of controlled livestock must take any of the following\nactions:\n(i) locate and assemble the controlled livestock for testing,\ninspection, treatment or valuation;\n(ii) mark, brand or affix tags to the controlled livestock for\ntheir identification;\n(iii) erect or maintain facilities to be used for testing the\ncontrolled livestock;\n(iv) test the controlled livestock using a test specified in a\nnotice under section 51;\n(v) treat the controlled livestock;\n(vi) erect, repair or maintain fences or structures to ensure\nthe controlled livestock are contained;\n(vii) move or restrict the movement of the controlled\nlivestock;\n\nLivestock Act 2008 30\n(viii) move the controlled livestock to an abattoir for slaughter;\n(ix) destroy the controlled livestock;\n(x) any other action specified in the order that is reasonably\nrequired to implement the control program;\n(b) the owner of livestock in the program area that are not\ncontrolled livestock must treat or destroy livestock specified in\nthe order to protect the health and welfare of other livestock;\n(c) the owner of a property on which controlled livestock are kept,\nor have been kept, must treat the land and any structure or\nequipment on the property;\n(d) the owner of a property in the program area must erect, repair\nor maintain fences;\n(e) the owner of a structure or place with which controlled\nlivestock have been in contact must treat the structure or\nplace and any equipment in or on the structure or at the place;\n(f) the owner of fodder, equipment or an animal product in the\nprogram area must treat or destroy it;\n(g) the owner of any other thing in the program area that may be\naffected by the notifiable disease must treat or destroy it.\nExample for subsection (1)(b)\nAn order may be that certain livestock be destroyed because of overcrowding\nresulting from actions taken under the control program.\n(2) Instead of ordering a person to take an action under subsection (1),\nthe Chief Inspector may take the action.\n(3) The Chief Inspector may, by Gazette notice and a notice published\nin a newspaper circulating in the program area, give an order\nmentioned in subsection (1) to a class of owners.\n(4) A person given an order under this section must not contravene the\norder.\n\nLivestock Act 2008 31\n","sortOrder":64},{"sectionNumber":"53A","sectionType":"section","heading":"Actions in relation to unowned livestock","content":"53A Actions in relation to unowned livestock\nFor a control program, the Chief Inspector may take any of the\nfollowing actions in the program area:\n(a) locate and assemble unowned controlled livestock for testing,\ninspection, treatment or valuation;\n(b) mark unowned controlled livestock for their identification;\n(c) test unowned controlled livestock using a test specified in a\nnotice under section 51;\n(d) treat unowned controlled livestock;\n(e) erect, repair or maintain fences or structures to ensure\nunowned controlled livestock are contained;\n(f) move or restrict the movement of unowned controlled\nlivestock;\n(g) move unowned controlled livestock to an abattoir for\nslaughter;\n(h) destroy unowned controlled livestock;\n(i) destroy unowned livestock that are not controlled livestock to\nprotect the health and welfare of other livestock.\nExample for paragraph (i)\nAn order may be that certain livestock be destroyed because of overcrowding\nresulting from actions taken under the control program.\n","sortOrder":65},{"sectionNumber":"54","sectionType":"section","heading":"Emergency disease: treatment or destruction of certain","content":"54 Emergency disease: treatment or destruction of certain\nstructures\n(1) The Chief Executive Officer may make an order under this section if\nthe following circumstances apply:\n(a) a control program is established to control an emergency\n(b) the Chief Executive Officer is satisfied:\n(i) a structure in the program area used as residential\npremises (a residence) or mentioned in section 53(1)(c)\nor (e) (a structure) is infected with the emergency\n(ii) making the order is necessary to prevent the spread of\nthe emergency disease.\n\nLivestock Act 2008 32\n(2) The Chief Executive Officer may make any of the following orders:\n(a) the owner or another person must treat the residence in a\nspecified manner;\n(b) if the residence has been treated and the Chief Executive\nOfficer is satisfied the treatment is inadequate to prevent the\nspread of the emergency disease – the owner or another\nperson must destroy the residence;\n(c) if the residence has not been treated and the Chief Executive\nOfficer is satisfied that treatment would be inadequate to\nprevent the spread of the emergency disease – the owner or\nanother person must destroy the residence.\n(3) The Chief Executive Officer may order the owner of a structure, or\nanother person, to destroy the structure if the Chief Executive\nOfficer is satisfied treatment of the structure under section 53(1)(e)\nhas been, or would be, inadequate to prevent the spread of the\nemergency disease.\n(4) If the Chief Executive Officer makes an order under subsection (3),\nthe Chief Executive Officer may also order the destruction of any\nequipment in or on the structure.\n","sortOrder":66},{"sectionNumber":"55","sectionType":"section","heading":"Emergency disease: standstill zone declaration","content":"55 Emergency disease: standstill zone declaration\n(1) For a control program established to control an emergency disease,\nthe Minister may, by Gazette notice, declare the whole or part of the\nprogram area to be a standstill zone if the Minister is satisfied:\n(a) the emergency disease is or may be present in the area; or\n(b) there is a real possibility the emergency disease may be\nintroduced into the area.\n(2) The declaration of a standstill zone must:\n(a) specify the emergency disease to which the declaration\napplies; and\n(b) describe the area of land to which the declaration applies; and\n(c) state that while the declaration is in force, all movement into,\nout of or within the standstill zone of livestock, other animals\nor a thing specified in the declaration is prohibited except in\naccordance with a standstill zone movement permit issued by\nthe Chief Inspector.\n\nLivestock Act 2008 33\n(3) The declaration of a standstill zone may apply in relation to the\nmovement of any of the following:\n(a) the controlled livestock, any other livestock or all livestock;\n(ab) other animals;\n(b) a particular animal product or all animal products;\n(c) any other thing or class of things.\n(4) The Minister:\n(a) may revoke the declaration of a standstill zone if the Minister\nis satisfied it is appropriate to do so; and\n(b) must revoke the declaration of a standstill zone if the Minister\nis satisfied the emergency disease is not present in, and is not\nlikely to be introduced into, the standstill zone.\n","sortOrder":67},{"sectionNumber":"56","sectionType":"section","heading":"Standstill zone movement permit","content":"56 Standstill zone movement permit\n(1) The Chief Inspector may regulate the movement of anything to\nwhich a declaration of a standstill zone applies by issuing a\nstandstill zone movement permit to the owner of the thing,\nspecifying the movement that is permitted.\n(2) A standstill zone movement permit applies in relation to the\nmovement of the thing specified in the permit to the exclusion of\nany provision of this Act, or any order or authorisation, that is\ninconsistent with the movement permit.\n(3) A person must not move livestock, another animal or a thing\nspecified under section 55(2)(c) if no standstill zone movement\npermit has been issued for the movement.\n(a) intentionally moves the livestock, animal or thing; and\n(b) is reckless in relation to whether a standstill zone movement\npermit has been issued for the movement.\n\nLivestock Act 2008 34\n(4) A person must not contravene a standstill zone movement permit.\n","sortOrder":68},{"sectionNumber":"57","sectionType":"section","heading":"Reimbursement of expenses","content":"57 Reimbursement of expenses\nIf expenses are incurred by the Chief Inspector or Chief Executive\nOfficer in the exercise of a power under this Division in relation to\nlivestock, a structure (including a residence) or thing, the owner of\nthe livestock, structure or thing must reimburse the expenses to the\nTerritory unless the Minister directs otherwise.\nNote\nThe owner may be entitled to compensation under Part 5 or section 138.\n","sortOrder":69},{"sectionNumber":"58","sectionType":"section","heading":"Declaration","content":"58 Declaration\n(1) For the control of a notifiable disease, the Minister may declare the\nTerritory or a specified area of land in the Territory to be:\n(a) a control area; or\n(b) a restricted area; or\n(c) any other type of area or zone (except a standstill zone)\nnamed in the declaration.\n(2) The declaration must be by Gazette notice and state whether the\nnotifiable disease is classified as an emergency disease, endemic\ndisease or exotic disease.\n","sortOrder":70},{"sectionNumber":"59","sectionType":"section","heading":"Restriction of movement","content":"59 Restriction of movement\n(1) The Chief Inspector may, by Gazette notice, restrict the movement\nof persons, vehicles, livestock, other animals, animal products or\nother things entering, leaving or within a declared area.\n(2) The notice may also specify the circumstances in which a person is\nrequired to apply to an inspector for a declared area movement\npermit before entering, leaving or moving within the declared area.\n(3) A person must not contravene:\n(a) a restriction or requirement specified in a notice under\nsubsection (1); or\n\nLivestock Act 2008 35\n(b) a declared area movement permit issued by an inspector.\n","sortOrder":71},{"sectionNumber":"60","sectionType":"section","heading":"Dealing with unowned or stray livestock in declared area","content":"60 Dealing with unowned or stray livestock in declared area\nThe Chief Inspector may take any of the following actions in relation\nto unowned or stray livestock in a declared area:\n(a) locate, trap and assemble the livestock;\n(b) test the livestock for the notifiable disease to which the\ndeclaration relates;\n(c) treat the livestock;\n(d) destroy the livestock.\n","sortOrder":72},{"sectionNumber":"61","sectionType":"section","heading":"Offences relating to fences and gates","content":"61 Offences relating to fences and gates\n(1) A person must not, without authorisation from an inspector, destroy,\nremove or damage a fence in or surrounding a declared area.\n(a) intentionally destroys, removes or damages the fence; and\n(b) is reckless in relation to the circumstance that the fence is in a\ndeclared area.\n(2) A person commits an offence if:\n(a) the person uses a gate in a fence that is preventing livestock\nleaving a declared area; and\n(b) the gate, immediately after the person has used it, is not\nclosed and securely fastened.\n(a) knows the gate is in a fence preventing livestock leaving a\ndeclared area; and\n\nLivestock Act 2008 36\n(b) is reckless in relation to the circumstance that the gate is not\nclosed and securely fastened.\n","sortOrder":73},{"sectionNumber":"62","sectionType":"section","heading":"Emergency disease infection notice – owner","content":"62 Emergency disease infection notice – owner\nThe owner of premises, livestock or other things commits an\noffence if the owner:\n(a) becomes aware or suspects that the premises, livestock or\nthings are infected with an emergency disease; and\n(b) does not, within 24 hours after becoming aware of or forming\nthe suspicion about the infection, notify the Chief Inspector of\nthe awareness or suspicion and the grounds for it.\n","sortOrder":74},{"sectionNumber":"63","sectionType":"section","heading":"Endemic or exotic disease infection notice – owner","content":"63 Endemic or exotic disease infection notice – owner\nThe owner of premises, livestock or other things commits an\noffence if the owner:\n(a) becomes aware or suspects that the premises, livestock or\nthings are infected with an endemic disease or exotic disease;\nand\n(b) does not, as soon as practicable after becoming aware of or\nforming the suspicion about the infection, notify the Chief\nInspector of the awareness or suspicion and the grounds for it.\n","sortOrder":75},{"sectionNumber":"64","sectionType":"section","heading":"Notifiable disease infection notice – travelling livestock","content":"64 Notifiable disease infection notice – travelling livestock\nA person in charge of travelling livestock commits an offence if the\nperson:\n(a) becomes aware or suspects that any of the livestock are\ninfected with a notifiable disease; and\n\nLivestock Act 2008 37\n(b) does not, as soon as practicable after becoming aware of or\nforming the suspicion about the infection, notify the Chief\nInspector of the awareness or suspicion and the grounds for it.\n","sortOrder":76},{"sectionNumber":"65","sectionType":"section","heading":"Notifiable disease infection notice – veterinarian","content":"65 Notifiable disease infection notice – veterinarian\nA registered veterinarian commits an offence if the veterinarian:\n(a) becomes aware or suspects that livestock are infected with a\nnotifiable disease; and\n(b) does not notify the Chief Inspector of the awareness of or\nsuspicion about the infection and the grounds for the\nawareness or suspicion:\n(i) in relation to an emergency disease – within 24 hours\nafter becoming aware of it or forming the suspicion about\nit; or\n(ii) in relation to an endemic disease or exotic disease – as\nsoon as practicable after becoming aware of it or forming\nthe suspicion about it.\n","sortOrder":77},{"sectionNumber":"66","sectionType":"section","heading":"Contact with animal pathogen","content":"66 Contact with animal pathogen\n(1) The owner of livestock must not, without authorisation from the\nChief Inspector, allow an animal pathogen to come into contact with\nany of the livestock.\nFault element: Intentionally allowing the contact.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n\nLivestock Act 2008 38\n","sortOrder":78},{"sectionNumber":"67","sectionType":"section","heading":"Sale of infected livestock or animal products","content":"67 Sale of infected livestock or animal products\nA person must not, without authorisation from the Chief Inspector,\nsell:\n(a) infected livestock; or\n(b) an animal product obtained from livestock that is, or before its\ndeath was, infected.\n(a) intentionally sells the livestock or animal product; and\n(b) is reckless in relation to the infection.\n","sortOrder":79},{"sectionNumber":"68","sectionType":"section","heading":"Misleading statement about disease status","content":"68 Misleading statement about disease status\n(1) A person commits an offence if the person:\n(a) makes a statement to the following effect:\n(i) livestock are free from all disease or a particular\n(ii) livestock have or have not been on land that is affected\nby disease;\n(iii) the owner of livestock has stated or certified that the\nlivestock do not have any disease or a particular\n(iv) livestock have or have not been treated for a disease;\nand\n(b) the statement is misleading.\nFault element: Intention to mislead.\n(2) For this section, a statement is misleading if it is misleading in a\nmaterial particular or by omission of a material particular.\n\n","sortOrder":80},{"sectionNumber":"Div 2","sectionType":"division","heading":"General entitlement to compensation and other money","content":"Division 2 General entitlement to compensation and other money\nLivestock Act 2008 39\n","sortOrder":81},{"sectionNumber":"69","sectionType":"section","heading":"Destroyed livestock and destroyed things","content":"69 Destroyed livestock and destroyed things\n(1) Destroyed livestock are:\n(a) livestock destroyed, or moved to an abattoir for slaughter,\nunder section 53; or\n(b) livestock certified by a person employed by a State or another\nTerritory as a veterinary officer (however described):\n(i) as having died during the occurrence of an emergency\n(ii) as having been, at the time of their death, in a\nquarantine area, control area or restricted area (however\ndescribed) in relation to the emergency disease or as\nhaving been moved to an abattoir directly from such an\narea.\n(2) Destroyed things are animal products or other things destroyed or\nmade unfit for use under a control program relating to an\nemergency disease.\nDivision 2 General entitlement to compensation and other\nmoney\n","sortOrder":82},{"sectionNumber":"70","sectionType":"section","heading":"When compensation payable","content":"70 When compensation payable\n(1) Subject to this Division, the owner of destroyed livestock or\ndestroyed things is entitled to be paid compensation for the\nlivestock or things, as determined under Division 3 or 4.\n(2) An entitlement to be paid compensation does not affect an owner's\nobligation under section 57 to reimburse expenses incurred by the\nChief Inspector or Chief Executive Officer in relation to destroyed\nlivestock or destroyed things.\n\nDivision 2 General entitlement to compensation and other money\nLivestock Act 2008 40\n","sortOrder":83},{"sectionNumber":"71","sectionType":"section","heading":"Approval of additional compensation","content":"71 Approval of additional compensation\n(1) If an amount of compensation is determined to be payable for\ndestroyed livestock infected with an emergency disease and the\ncost of replacing the livestock will be more than the compensation\npayable, the Minister may approve the payment of additional\ncompensation of an amount equal to the difference between:\n(a) the amount of compensation payable; and\n(b) the cost of replacing the destroyed livestock.\n(2) For subsection (1)(b), the cost of replacing destroyed livestock does\nnot include freight and purchasing costs such as agent fees and\nyard fees.\n","sortOrder":84},{"sectionNumber":"72","sectionType":"section","heading":"When compensation not payable","content":"72 When compensation not payable\n(1) The owner of destroyed livestock or destroyed things is not entitled\nto be paid compensation for the livestock or things if:\n(a) the Chief Inspector is satisfied:\n(i) the destruction was necessary because of an act or\nomission of the owner; and\n(ii) the act or omission caused or contributed to, or was\nlikely to cause or contribute to, the spread of a notifiable\n(b) the owner is found guilty of an offence against this Act arising\nfrom or in connection with the act or omission.\n(2) A person is not entitled to be paid compensation for destroyed\nlivestock if:\n(a) the livestock were destroyed or moved to an abattoir for\nslaughter under a control program relating to a notifiable\n(b) the person is found guilty of an offence against section 62, 63,\nor 64 in relation to the notifiable disease.\n(3) A person is not entitled to be paid compensation for the following:\n(a) loss of profit or production;\n(b) loss as a result of a breach of a contract or another\nconsequential loss;\n\n","sortOrder":85},{"sectionNumber":"Div 3","sectionType":"division","heading":"Compensation for particular destroyed livestock","content":"Division 3 Compensation for particular destroyed livestock\nLivestock Act 2008 41\n(c) any other loss for which compensation is not expressly\nprovided under this Act.\n","sortOrder":86},{"sectionNumber":"73","sectionType":"section","heading":"Sale money to be paid to owner of slaughtered livestock","content":"73 Sale money to be paid to owner of slaughtered livestock\n(1) If destroyed livestock are slaughtered at an abattoir, any money\npayable on the sale of the livestock for slaughter must be paid to\nthe owner of the livestock.\n(2) If compensation for the slaughtered livestock is paid to their owner,\nthe compensation must be reduced by any amount paid to the\nowner on the sale of the livestock.\nDivision 3 Compensation for particular destroyed livestock\n","sortOrder":87},{"sectionNumber":"74","sectionType":"section","heading":"Application of Division","content":"74 Application of Division\n(1) This Division applies in relation to the following destroyed livestock:\n(a) buffalo;\n(b) livestock that reacted to a test under section 53(1)(a)(iv);\n(c) unmustered livestock;\n(d) livestock to which a declaration under subsection (2) applies.\n(2) If the Minister considers it necessary, the Minister may, by Gazette\nnotice, declare that this Division applies in relation to particular\nlivestock destroyed under a control program for an emergency\ndisease.\nNote for subsection (2)\nThe intention is that most determinations of compensation for livestock destroyed\nunder such a control program will be made under Division 4. However, it may be\nnecessary for the Minister to make this declaration in certain situations, for\nexample if there are insufficient people with the necessary qualifications to\nconstitute a valuation panel or if the Minister is satisfied the fees or commissions\npayable to the members of a valuation panel are likely to exceed the amount of\ncompensation payable for the destroyed livestock.\n","sortOrder":88},{"sectionNumber":"75","sectionType":"section","heading":"Determination of amount of compensation","content":"75 Determination of amount of compensation\nThe amount of compensation payable for the destroyed livestock\nmust be determined by the Minister by Gazette notice.\n\nLivestock Act 2008 42\n","sortOrder":89},{"sectionNumber":"76","sectionType":"section","heading":"Application for compensation","content":"76 Application for compensation\n(1) The owner of the destroyed livestock may apply to the Chief\nInspector for compensation for the livestock:\n(a) no later than 60 days after the date of destruction; and\n(b) in the approved form.\n(2) If the Chief Inspector is satisfied the applicant is entitled to be paid\ncompensation for the destroyed livestock, the Chief Inspector must\narrange for payment to the applicant.\n(3) The Chief Inspector may decide:\n(a) the applicant is not entitled to be paid compensation; or\n(b) to defer consideration of the application during an\ninvestigation or prosecution of the applicant in connection with\nan offence mentioned in section 72.\nDivision 4 Compensation for other destroyed livestock and\ndestroyed things\n","sortOrder":90},{"sectionNumber":"77","sectionType":"section","heading":"Application of Division","content":"77 Application of Division\nThis Division applies in relation to the following:\n(a) destroyed livestock to which Division 3 does not apply;\n(b) destroyed things.\n","sortOrder":91},{"sectionNumber":"78","sectionType":"section","heading":"Determination of amount of compensation","content":"78 Determination of amount of compensation\n(1) The amount of compensation payable for the destroyed livestock\nmust be determined in accordance with this Division and the\nregulations.\n(2) The amount of compensation payable for a destroyed thing is the\nmarket value of the thing immediately before it was destroyed or\nrendered unfit for use, as determined in accordance with this\nDivision.\n","sortOrder":92},{"sectionNumber":"79","sectionType":"section","heading":"Application for compensation","content":"79 Application for compensation\n(1) The owner of destroyed livestock or destroyed things may apply to\nthe Chief Inspector for compensation for the livestock or things:\n(a) no later than 60 days after the date of destruction; and\n\nLivestock Act 2008 43\n(b) in the approved form.\n(2) If the Chief Inspector is satisfied the applicant is entitled to be paid\ncompensation, the Chief Inspector must appoint a valuation panel\nto determine the amount payable.\n(3) The Chief Inspector may decide:\n(a) the applicant is not entitled to be paid compensation; or\n(b) to defer consideration of the application during an\ninvestigation or prosecution of the applicant in connection with\nan offence mentioned in section 72.\n","sortOrder":93},{"sectionNumber":"80","sectionType":"section","heading":"Appointment of and determination by valuation panel","content":"80 Appointment of and determination by valuation panel\n(1) A valuation panel is constituted of the following members appointed\nin writing by the Chief Inspector:\n(a) a person who has valuation experience, and a knowledge of\ncurrent values, relevant to the destroyed livestock or\ndestroyed things to which the panel's determination relates;\n(b) a person who has a knowledge of and experience in the\nindustry most relevant to the destroyed livestock or thing;\n(c) a person nominated by the owner of the destroyed livestock or\n(2) The Chief Inspector must not appoint a person mentioned in\nsubsection (1)(a) or (b) if the person or the person's employer has a\npecuniary interest in relation to the destroyed livestock or destroyed\nthings.\n(3) Subject to the regulations, the following matters must be\ndetermined by agreement of all or a majority of the members of the\nvaluation panel:\n(a) the procedure to be followed by the valuation panel;\n(b) the amount of compensation payable.\n(4) The valuation panel must give the Chief Inspector a written notice if\nthe panel is unable to reach a consensus or majority agreement.\n(5) If the panel makes a determination of compensation, it must give\nthe Chief Inspector a written notice, in accordance with the\nregulations, and the Chief Inspector must give a copy to the\napplicant and Chief Executive Officer.\n\nLivestock Act 2008 44\n","sortOrder":94},{"sectionNumber":"81","sectionType":"section","heading":"Determination by valuer if valuation panel cannot agree","content":"81 Determination by valuer if valuation panel cannot agree\n(1) If the Chief Inspector is given a notice under section 80(4), the\nChief Inspector must appoint a valuer to make the determination of\ncompensation.\n(2) The valuer must be a person who:\n(a) has knowledge of and experience in the relevant industry and\nis generally held in high regard by members of that industry;\nand\n(b) does not have, and whose employer does not have, a\npecuniary interest in relation to the destroyed livestock or\n(3) The valuer must give the Chief Inspector written notice of the\ndetermination of compensation, in accordance with the regulations,\nand the Chief Inspector must give a copy to the applicant and Chief\nExecutive Officer.\n","sortOrder":95},{"sectionNumber":"82","sectionType":"section","heading":"Request for review of determination","content":"82 Request for review of determination\n(1) The applicant or Chief Executive Officer may request a review of\nthe determination of compensation by the valuation panel or valuer\nif the applicant or Chief Executive Officer considers the\ndetermination was made otherwise than in accordance with this\nDivision or the regulations.\n(2) The request must be in writing and given to the Chief Inspector no\nlater than 7 days after receipt of the notice of the determination.\n","sortOrder":96},{"sectionNumber":"83","sectionType":"section","heading":"Selection of valuation reviewer","content":"83 Selection of valuation reviewer\n(1) As soon as practicable after receiving a request for a review of a\ndetermination of compensation, the Chief Inspector must consult\nwith the applicant to select a person to review the determination.\n(2) If agreement about the person to be selected is reached within\n7 days after consultation begins, the Chief Inspector must appoint\nthe selected person as the valuation reviewer.\n(3) If agreement about the person to be selected is not reached within\n7 days after consultation begins, the Chief Inspector must give the\nrequest for a review to the Minister.\n(4) As soon as practicable after receiving the request, the Minister\nmust select a person to be the valuation reviewer.\n\nLivestock Act 2008 45\n(5) The valuation reviewer must be a person who:\n(a) has knowledge of and experience in the relevant industry; and\n(b) has knowledge of current values relevant to the destroyed\nlivestock or destroyed things to which the determination\nrelates; and\n(c) does not have, and whose employer does not have, a\npecuniary interest in relation to the destroyed livestock or\n","sortOrder":97},{"sectionNumber":"84","sectionType":"section","heading":"Determination by valuation reviewer","content":"84 Determination by valuation reviewer\n(1) The valuation reviewer may make a determination of compensation\nthat confirms or varies the determination under review and must\ngive the Chief Inspector written notice of the valuation reviewer's\ndetermination in accordance with the regulations.\n(2) As soon as practicable after receiving the notice, the Chief\nInspector must inform the applicant and Chief Executive Officer of\nthe decision.\n(3) Subject to section 138, the determination of compensation made by\nthe valuation reviewer is final and conclusive.\n","sortOrder":98},{"sectionNumber":"85","sectionType":"section","heading":"Payment of compensation","content":"85 Payment of compensation\n(1) If no request for a review is made under section 82 within the period\nspecified by the section, the Chief Inspector must, as soon as\npracticable after the end of that period, arrange payment of the\ncompensation as determined by the valuation panel or valuer.\n(2) As soon as practicable after giving notice to the applicant under\nsection 84(2), the Chief Inspector must arrange payment of the\ncompensation as determined by the valuation reviewer.\n","sortOrder":99},{"sectionNumber":"86","sectionType":"section","heading":"Office of Registrar","content":"86 Office of Registrar\n(1) The Chief Executive Officer must, in writing, appoint a public sector\nemployee to the office of Registrar.\n(2) A person must not hold office as Registrar at the same time as\nholding office as Chief Inspector.\n\nLivestock Act 2008 46\n(3) The Registrar has the functions conferred on the Registrar under\n(4) The Registrar has the powers necessary or convenient for the\nperformance of the functions of office.\n(5) In exercising a power or performing a function under this Act, the\nRegistrar is subject to the direction of the Chief Inspector.\n(6) The Registrar may, in writing, delegate to a public sector employee\nany of the Registrar's powers or functions under this Act.\n","sortOrder":100},{"sectionNumber":"87","sectionType":"section","heading":"Registers to be kept and information to be provided","content":"87 Registers to be kept and information to be provided\n(1) In addition to the registers the Registrar is required or permitted to\nkeep under this Act, the Registrar may keep the registers\nnecessary or convenient to be kept for the proper performance of\nthe Registrar's functions.\n(2) Subject to the regulations, the Registrar may decide the appropriate\nform and manner in which a register must be kept and the\ninformation to be given to the Registrar in connection with an entry\nin a register.\n","sortOrder":101},{"sectionNumber":"88","sectionType":"section","heading":"Inspections and copies of register and publication of","content":"88 Inspections and copies of register and publication of\ninformation\n(1) A person may inspect a register during the normal business hours\nof the Agency.\n(2) The Registrar may give a person a copy or summary of a register or\npart of a register and charge a reasonable fee for the copy or\nsummary.\n(3) The regulations may specify the information in a register that may\nbe made public on the Internet or in another way.\n","sortOrder":102},{"sectionNumber":"89","sectionType":"section","heading":"Approval of documents and codes","content":"89 Approval of documents and codes\n(1) The Registrar may approve the form of notices, applications,\ncertificates and other documents in connection with a matter for\nwhich the Registrar may perform a function under this Act.\n(2) The Registrar may approve codes, as in force at a particular time or\nas in force from time to time, to be used to illustrate or describe\nearmarks.\n\nLivestock Act 2008 47\n","sortOrder":103},{"sectionNumber":"90","sectionType":"section","heading":"Appointment of Chief Inspector","content":"90 Appointment of Chief Inspector\n(1) The Chief Executive Officer must, in writing, appoint a person to the\noffice of Chief Inspector of Livestock.\n(2) The Chief Inspector of Livestock must be a public sector employee\nwho is a registered veterinarian.\n(3) Notice of the appointment must be given in the Gazette.\n","sortOrder":104},{"sectionNumber":"91","sectionType":"section","heading":"Appointment of inspectors","content":"91 Appointment of inspectors\n(1) The Chief Inspector may, in writing, appoint a public sector\nemployee to the office of an inspector of livestock.\n(2) A person appointed to the office of an inspector of livestock also\nholds office as an inspector under the Meat Industries Act 1996.\n(3) The Chief Inspector may, in writing, appoint another person to be\nan inspector:\n(a) for a specified period; and\n(b) to perform specified functions.\n(4) The Chief Inspector may, by Gazette notice, declare that any of the\nfollowing have the powers and functions of an inspector under this\nAct, subject to any conditions or limitations specified in the notice:\n(a) one or more specified police officers;\n(b) all police officers.\n(5) A power conferred under subsection (4) on a police officer is in\naddition to, and does not limit, any other power the officer may have\nunder any other law of the Territory.\n","sortOrder":105},{"sectionNumber":"92","sectionType":"section","heading":"Identity cards","content":"92 Identity cards\n(1) The Chief Executive Officer must issue to a person appointed as\nChief Inspector or an inspector appointed under section 91(1) or (3)\nan identity card specifying the person's name and office and\nincluding a recent photograph and the signature of the person.\n\nLivestock Act 2008 48\n(2) A person must, on ceasing to be the Chief Inspector or an\ninspector, return the identity card to the Chief Executive Officer.\nMaximum penalty: 20 penalty units.\nsubsection (2) if the defendant establishes a reasonable excuse.\n","sortOrder":106},{"sectionNumber":"93","sectionType":"section","heading":"Chief Inspector's powers and functions","content":"93 Chief Inspector's powers and functions\n(1) In addition to the powers and functions conferred on the Chief\nInspector under other provisions of this Act, the Chief Inspector\nhas:\n(a) the function of administering this Act; and\n(b) the functions conferred on the Chief Inspector under any other\nAct; and\n(c) the powers necessary or convenient for the performance of\nthose functions.\n(2) The Chief Inspector also has the powers and functions of an\ninspector.\n(3) In exercising a power or performing a function under this or any\nother Act, the Chief Inspector is subject to the direction of the\nMinister.\n(4) The Chief Inspector may, in writing, delegate to a public sector\nemployee any of the Chief Inspector's powers or functions under\nthis or any other Act.\n","sortOrder":107},{"sectionNumber":"94","sectionType":"section","heading":"Inspector's powers and functions","content":"94 Inspector's powers and functions\n(1) In addition to the powers conferred on an inspector under other\nprovisions of this Act, an inspector has the powers necessary and\nconvenient for the performance of the inspector's functions under\n(2) In exercising a power or performing a function, the inspector is\nsubject to the direction of the Chief Inspector.\n\nLivestock Act 2008 49\n","sortOrder":108},{"sectionNumber":"95","sectionType":"section","heading":"Chief Inspector may approve form of documents","content":"95 Chief Inspector may approve form of documents\nThe Chief Inspector may approve the form of notices, applications,\npermits and other documents to be used under Part 4 or 5 or this\nPart.\n","sortOrder":109},{"sectionNumber":"96","sectionType":"section","heading":"Chief Inspector may require information or documents","content":"96 Chief Inspector may require information or documents\n(1) The Chief Inspector may, by written notice, require a person to\nanswer questions, provide information or produce a document, as\nspecified in the notice, if the Chief Inspector considers the answer,\ninformation or document is relevant to the administration or\nenforcement of this Act.\n(2) The person must not contravene the notice.\n","sortOrder":110},{"sectionNumber":"97","sectionType":"section","heading":"Chief Inspector may give orders about seized things","content":"97 Chief Inspector may give orders about seized things\n(1) The Chief Inspector may give the following orders:\n(a) livestock seized under this Act must be sold by private sale or\npublic auction;\n(b) any other thing seized under this Act must be confiscated,\ndestroyed or sold by private sale or public auction.\n(2) A person given an order under subsection (1) must not contravene\n","sortOrder":111},{"sectionNumber":"98","sectionType":"section","heading":"Chief Inspector may restrict use of biological preparation and","content":"98 Chief Inspector may restrict use of biological preparation and\ndrugs\n(1) The Chief Inspector may, by Gazette notice directed to a class of\npersons or an order given to the owner of livestock, restrict the use\nof a biological preparation, chemical or veterinary drug in the\ntreatment of livestock.\n(2) A person must not contravene a notice or order directed or given to\nthe person under subsection (1).\n\nLivestock Act 2008 50\n","sortOrder":112},{"sectionNumber":"99","sectionType":"section","heading":"Inspector may authorise person to assist","content":"99 Inspector may authorise person to assist\nAn inspector may authorise a person to assist the inspector in the\nexercise of a power or performance of a function under this Act.\n","sortOrder":113},{"sectionNumber":"100","sectionType":"section","heading":"Inspector may require name and address","content":"100 Inspector may require name and address\n(1) A inspector may require a person to state the person's name and\naddress if the inspector:\n(a) reasonably suspects the person is committing an offence\nagainst this Act; or\n(b) finds the person in circumstances that lead, or has information\nthat leads, the inspector to reasonably suspect the person has\nrecently committed an offence against this Act.\n(2) The inspector may require the person to provide evidence of the\nperson's name and address if the inspector reasonably doubts the\ntruth of the person's response.\n(3) When requiring the person to state or provide evidence of the\nperson's name and address, the inspector must also issue a\nwarning that it is an offence to contravene the requirement without\na reasonable excuse.\n(4) A person must not contravene a requirement under this section.\n(5) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n","sortOrder":114},{"sectionNumber":"101","sectionType":"section","heading":"Inspector may use reasonable force","content":"101 Inspector may use reasonable force\nIf an inspector considers it necessary, the inspector may use\nreasonable force:\n(a) to prevent a person who is apparently contravening this Act\nfrom continuing to do so; or\n(b) to prevent a person who is apparently obstructing another\nperson from complying with this Act, or rendering assistance\nto an inspector in accordance with this Act, from continuing to\ndo so.\n\nLivestock Act 2008 51\n","sortOrder":115},{"sectionNumber":"102","sectionType":"section","heading":"Inspector may place notices on land","content":"102 Inspector may place notices on land\nAn inspector may place notices in an approved form at any of the\nfollowing places:\n(a) at or near the boundary of a property or other area of land to\nwhich a declaration or restriction under this Act applies to\nindicate the boundaries of, or any restriction relating to, the\nproperty or area;\n(b) at a border of the Territory to indicate the border;\n(c) at any place considered appropriate to indicate the effect of an\norder or other notice given under this Act;\n(d) on or near a road to indicate that traffic along the road must\nstop.\n","sortOrder":116},{"sectionNumber":"103","sectionType":"section","heading":"Inspector may muster livestock","content":"103 Inspector may muster livestock\nAn inspector may muster livestock or order the owner or person in\ncharge of the livestock to do so.\n","sortOrder":117},{"sectionNumber":"104","sectionType":"section","heading":"Entry of premises generally","content":"104 Entry of premises generally\n(1) An inspector may do any of the following:\n(a) enter any premises with the consent of the occupier or a\nperson apparently in charge of the premises;\n(b) enter at any reasonable time, without consent, premises that\nare not residential premises;\n(c) enter residential premises under a warrant.\n(2) An inspector may enter premises with the assistance that is\nnecessary and reasonable.\n(3) An inspector who enters premises must not remain on the premises\nif, when requested by the occupier or a person apparently in charge\nof the premises, the inspector does not produce his or her identity\ncard.\n(4) In order to enter a vehicle, an inspector may require the driver of\nthe vehicle to stop the vehicle, keep the vehicle stationary or move\nthe vehicle to a specified place.\n\nLivestock Act 2008 52\n(5) The driver must not contravene the requirement.\n","sortOrder":118},{"sectionNumber":"105","sectionType":"section","heading":"Application for and issue of warrant","content":"105 Application for and issue of warrant\n(1) An inspector may apply to a Local Court Judge for a warrant to\nenter residential premises:\n(a) by appearing in person before the Judge; or\n(b) if it is not practicable to appear in person – by telephoning the\nJudge.\n(2) If the Judge is satisfied there are reasonable grounds to permit the\ninspector to enter the residential premises, the Judge may issue a\nwarrant directed to the inspector.\n(3) If the Judge issues a warrant on an application made by telephone:\n(a) the Judge must complete and sign the warrant (the original\nwarrant), inform the inspector by telephone of its terms and\nrecord on the original warrant the Judge's reasons for issuing\nit; and\n(b) the inspector must do the following:\n(i) complete 2 copies of a form of warrant in the terms\nprovided by the Judge;\n(ii) write on each copy the name of the Judge and the date\nand time of issue of the original warrant;\n(iii) forward 1 copy to the Judge.\n(4) On receiving the copy, the Judge must:\n(a) compare it with the original warrant; and\n(b) if the copy is in substance identical to the original warrant, the\ncopy has the same authority as the original warrant.\n","sortOrder":119},{"sectionNumber":"106","sectionType":"section","heading":"Effect and term of warrant","content":"106 Effect and term of warrant\n(1) A warrant permits the inspector to whom it is directed, and any\nperson authorised under section 99 to assist the inspector, to do\nthe following:\n(a) enter the residential premises specified in the warrant;\n\nLivestock Act 2008 53\n(b) exercise any of the powers specified in sections 107 and 108.\n(2) The warrant remains in force for 1 month from the date of issue.\n","sortOrder":120},{"sectionNumber":"107","sectionType":"section","heading":"Powers on entry of premises","content":"107 Powers on entry of premises\n(1) An inspector who enters premises in accordance with section 104\nmay do any of the following:\n(a) inspect, examine and search the premises and inspect\nanything found on the premises;\n(b) open (including by breaking open) a container or package\nfound on the premises in order to inspect or examine the\ncontents;\n(c) take photographs, films or audio, video or other recordings of\nthe premises or anything found on the premises;\n(d) take copies of, or extracts from, a document found on the\npremises;\n(e) require a person on the premises to do any of the following:\n(i) answer questions or provide information;\n(ii) produce, within a reasonable time, documents kept on\nthe premises;\n(iii) provide reasonable assistance to the inspector in the\nexercise of a power under this section;\n(f) subject to section 108, seize anything;\n(g) if the inspector reasonably believes anything found on the\npremises may be connected with an offence against this Act –\norder the occupier or a person apparently in charge of the\npremises not to remove the thing for the period of not more\nthan 14 days specified in the order;\n(h) destroy or render harmless, or order the occupier or a person\napparently in charge of the premises to destroy or render\nharmless, anything found in or on the premises that poses, or\nis likely to pose, a threat to the health or safety of persons;\n(i) order the owner of livestock to maintain or repair a fence for\ncontaining livestock within an area.\n\nLivestock Act 2008 54\n(2) An inspector may destroy an animal or animal products under\nsubsection (1)(h) only with the consent of the owner or the Chief\nInspector.\n(3) A person must not contravene a requirement or order given under\nthis section.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant establishes a reasonable excuse.\n","sortOrder":121},{"sectionNumber":"108","sectionType":"section","heading":"Powers of seizure following entry","content":"108 Powers of seizure following entry\nAn inspector who enters premises in accordance with section 104\nmay seize anything found on the premises if the inspector\nreasonably believes the thing:\n(a) is connected with an offence against this Act and the seizure\nis necessary to prevent it being:\n(i) concealed, lost, damaged or destroyed; or\n(ii) used to commit the offence; or\n(b) is connected with an offence against this Act and the seizure\nis necessary to conduct tests for adducing evidence in a\nprosecution for the offence.\n","sortOrder":122},{"sectionNumber":"109","sectionType":"section","heading":"Procedure generally following seizure","content":"109 Procedure generally following seizure\n(1) This section applies in relation to anything seized by an inspector\nunder this Division or any other provision of this Act.\n(2) After the inspector has seized the thing, the inspector must give a\nreceipt for it to any of the following persons:\n(a) the occupier or person apparently in charge of the premises\nwhere the thing was seized;\n(b) the owner or person apparently in charge of the thing;\n(c) the person the inspector reasonably believes was in\npossession of the thing immediately before it was seized.\n(3) After seizing the thing, the inspector may:\n(a) take the thing to an appropriate place or order another person\nto take the thing to a place specified by the inspector; or\n\nLivestock Act 2008 55\n(b) give an order about the appropriate handling and storage of\nthe thing.\n(4) A person must not, without the written consent of the Chief\nInspector:\n(a) interfere with or dispose of anything seized under this Act; or\n(b) remove anything seized under this Act from the place where it\nwas seized or subsequently taken.\n","sortOrder":123},{"sectionNumber":"110","sectionType":"section","heading":"Retention of things seized if connected with offence","content":"110 Retention of things seized if connected with offence\n(1) If anything is seized because it is connected with an offence against\nthis Act, it must be held by the inspector as evidence to be tendered\nin a prosecution for the offence.\n(2) Subsection (1) does not apply if the Chief Inspector authorises the\nrelease of the thing to its owner or the person who had possession\nof it immediately before it was seized.\n(3) If a prosecution for the offence is commenced within 12 months\nafter the seizure of the thing and the defendant is found guilty of the\noffence, the court may make 1 of the following orders:\n(a) the thing must be forfeited to the Territory;\n(b) if the Chief Inspector has previously authorised the release of\nthe thing – the defendant must pay to the Territory an amount\nequal to the market value (as determined by the court) of the\nthing at the time it was seized.\n(4) The Chief Inspector must release the thing to its owner or the\nperson who had possession of it immediately before it was seized if\n1 of the following circumstances applies:\n(a) a prosecution for an offence against this Act is not\ncommenced within 12 months after the seizure;\n(b) a prosecution for an offence against this Act is commenced\nwithin 12 months after the seizure and the defendant is not\nfound guilty of the offence or the court does not make an order\nunder subsection (3).\n\nLivestock Act 2008 56\n","sortOrder":124},{"sectionNumber":"111","sectionType":"section","heading":"Seizure and destruction of wildlife requires approval","content":"111 Seizure and destruction of wildlife requires approval\nDespite any other provision of this Act, an inspector may seize or\ndestroy wildlife as defined in the Territory Parks and Wildlife\nConservation Act 1996 only with the approval of the Director of\nParks and Wildlife.\n","sortOrder":125},{"sectionNumber":"112","sectionType":"section","heading":"Giving orders","content":"112 Giving orders\n(1) A written order given under this Act comes into effect:\n(a) on the date specified in the order, which must not be earlier\nthan the date the order is given; or\n(b) if no date is specified in the order – on the date the order is\ngiven.\n(2) If the person giving an order is satisfied urgent action is required,\nthe person may give the order orally.\n(3) An order given orally has effect immediately and ceases to be of\neffect 72 hours after it is given unless confirmed by a written order.\n(4) An order may specify a reasonable time for compliance and may\ninclude directions about the way in which an action required by the\norder must be taken.\n","sortOrder":126},{"sectionNumber":"113","sectionType":"section","heading":"Action and recovery of expense if contravention of order","content":"113 Action and recovery of expense if contravention of order\n(1) If an inspector orders a person to take a specified action and the\nperson contravenes the order, an inspector may take the action.\n(2) If the inspector incurs an expense in taking the action, the Territory\nmay, unless the Minister directs otherwise, recover the amount of\nthe expense as a debt from the person who contravened the order.\n","sortOrder":127},{"sectionNumber":"114","sectionType":"section","heading":"Authorisations","content":"114 Authorisations\n(1) A person may apply in writing or make an oral application for an\nauthorisation that may be given under this Act.\n(2) If the Registrar, Chief Inspector or an inspector (the decision\nmaker) receives a written application for an authorisation, the\ndecision maker must give the authorisation, or refuse to do so, by\nwritten notice to the applicant within 7 days after receiving the\napplication.\n\nLivestock Act 2008 57\n(3) If a decision maker receives an oral request for an authorisation,\nthe decision maker may give the authorisation or refusal orally and\nconfirm the decision by written notice within the next 24 hours.\n","sortOrder":128},{"sectionNumber":"115","sectionType":"section","heading":"Orders and notices may apply other documents","content":"115 Orders and notices may apply other documents\nAn order or notice given under this Act may apply, adopt or\nincorporate (with or without changes) the whole or part of a\ndocument as in force or existing at a particular time or from time to\ntime.\n","sortOrder":129},{"sectionNumber":"116","sectionType":"section","heading":"Delegation by Minister or Chief Executive Officer","content":"116 Delegation by Minister or Chief Executive Officer\n(1) The Minister may, in writing, delegate to a public sector employee\nany of the Minister's powers or functions under this Act except the\npower to give a direction under section 57 or 113(2).\n(2) The Chief Executive Officer may, in writing, delegate to a public\nsector employee any of the Chief Executive Officer's powers or\nfunctions under this Act except the power:\n(a) under section 40(b) to approve an order for destruction or\ndisposal made by the Chief Inspector; or\n(b) to make an order under section 54.\n(3) The Chief Executive Officer must not delegate to the Registrar,\nChief Inspector or an inspector the power to conduct a review.\n","sortOrder":130},{"sectionNumber":"117","sectionType":"section","heading":"Protection from liability","content":"117 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the Chief Executive Officer;\n(b) the Registrar;\n(c) the Chief Inspector;\n(d) an inspector or a person authorised under section 99 to assist\nan inspector.\nNote for subsection (1)\nThis section has effect subject to Part VIIA of the Police Administration Act 1978\nto the extent that it applies to the civil liability of a police officer who is exercising\nthe powers and functions of an inspector.\n\nLivestock Act 2008 58\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":131},{"sectionNumber":"118","sectionType":"section","heading":"No review of certain decisions relating to emergency disease","content":"118 No review of certain decisions relating to emergency disease\n(1) A decision of the Chief Executive Officer or Chief Inspector made\nfor the control of an emergency disease:\n(a) is final and conclusive; and\n(b) must not be challenged, appealed against, reviewed, quashed\nor called into question in any court or tribunal; and\n(c) is not subject to prohibition, mandamus, injunction, declaration\nor certiorari in any court or tribunal on any ground.\n(2) Without limiting subsection (1), the making of a decision mentioned\nin the subsection includes the following:\n(a) giving an order or direction;\n(b) issuing, varying or cancelling a standstill zone movement\npermit;\n(c) destroying livestock or other things;\n(d) failing to make a decision or take an action;\n(e) a review of a reviewable decision, made by an inspector,\nrelating to the control of an emergency disease.\n","sortOrder":132},{"sectionNumber":"119","sectionType":"section","heading":"Reviewable decisions of Registrar","content":"119 Reviewable decisions of Registrar\nEach of the following decisions of the Registrar is a reviewable\ndecision:\n(a) a refusal under section 20(4) to authorise the movement of\nprescribed travelling livestock without a waybill;\n(b) a refusal under section 23 to authorise a slower speed of\ntravel on a stock route than is prescribed;\n\nLivestock Act 2008 59\n(c) a decision prescribed by regulation.\n","sortOrder":133},{"sectionNumber":"120","sectionType":"section","heading":"Reviewable decisions of Chief Inspector","content":"120 Reviewable decisions of Chief Inspector\nEach of the following decisions of the Chief Inspector is a\nreviewable decision:\n(a) a refusal under section 32 to approve a diagnostic laboratory;\n(b) a refusal under section 66 to authorise a person to allow an\nanimal pathogen to come in contact with livestock;\n(c) a refusal under section 67 to authorise a person to sell\ninfected livestock or an infected animal product;\n(d) a decision under section 76(3) or 79(3):\n(i) that a person is not entitled to be paid compensation; or\n(ii) to defer consideration of an application for\ncompensation;\n(e) a refusal under section 110(2) to authorise the release of a\nthing held as evidence of an offence;\n(f) a decision prescribed by regulation.\n","sortOrder":134},{"sectionNumber":"121","sectionType":"section","heading":"Reviewable decisions of inspectors","content":"121 Reviewable decisions of inspectors\nEach of the following decisions of an inspector is a reviewable\ndecision:\n(a) a refusal under section 61 to authorise a person to perform an\nact in relation to a fence that is otherwise prohibited by that\nsection;\n(b) a refusal under section 129 to authorise a person to perform\nan act in relation to a notice or sign that is otherwise prohibited\nby that section;\n(c) a decision prescribed by regulation.\n","sortOrder":135},{"sectionNumber":"122","sectionType":"section","heading":"Notice of reviewable decision","content":"122 Notice of reviewable decision\n(1) A person who makes a reviewable decision must, unless another\nprovision of this Act provides otherwise, give a written notice of the\ndecision to the person (the recipient) who:\n(a) made the application or request to which the decision relates;\nor\n\nLivestock Act 2008 60\n(b) is registered in relation to the matter to which the decision\nrelates.\n(2) The notice must be given to the recipient within:\n(a) the time specified by the Act or regulations; or\n(b) if no time is specified – as soon as practicable after the\nrecipient made the application or request to which the decision\nrelates.\n(3) The notice must specify:\n(a) the reasons for the decision; and\n(b) the matters mentioned in section 123; and\n(c) any other matter this Act requires to be specified in relation to\nthe decision.\n","sortOrder":136},{"sectionNumber":"123","sectionType":"section","heading":"Application for internal review","content":"123 Application for internal review\n(1) A person given notice of a reviewable decision may apply to the\nChief Executive Officer for an internal review of the decision.\n(2) The application must be made:\n(a) in the form approved by the Chief Executive Officer; and\n(b) within 14 days after the date on which the person receives the\nnotice of the decision.\n(3) The making of the application does not affect the operation of the\nreviewable decision.\n","sortOrder":137},{"sectionNumber":"124","sectionType":"section","heading":"Internal review by Chief Executive Officer","content":"124 Internal review by Chief Executive Officer\n(1) Within 14 days after an application under section 123(1) for internal\nreview is received, the Chief Executive Officer may decide:\n(a) to confirm the reviewable decision; or\n(b) to vary the reviewable decision; or\n(c) to set aside the reviewable decision and substitute the Chief\nExecutive Officer's own decision.\n(2) The Chief Executive Officer must give the applicant written notice of\nthe Chief Executive Officer's decision under subsection (1).\n\nLivestock Act 2008 61\n(3) The notice under subsection (2) must include a statement:\n(a) of the Chief Executive Officer's reasons for the decision; and\n(b) that the applicant has a right to apply to NTCAT under\nsection 125(3) for review of the decision.\n","sortOrder":138},{"sectionNumber":"125","sectionType":"section","heading":"Review by NTCAT","content":"125 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision of the Chief Executive\nOfficer on an internal review under section 124 (an internal review\ndecision).\n(2) An affected person, for an internal review decision, is the person\nwho made the application for internal review under section 123(1).\n(3) An affected person for an internal review decision may apply to\nNTCAT for review of the decision.\nNote for section 125\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":139},{"sectionNumber":"126","sectionType":"section","heading":"Misleading information and document","content":"126 Misleading information and document\n(1) A person must not give misleading information to a person who is\nexercising powers or performing functions under this Act.\n(a) knows the recipient of the information is acting in an official\ncapacity; and\n(b) knows the information is misleading.\nMaximum penalty: 200 penalty units or imprisonment for\n1 year.\n\nLivestock Act 2008 62\n(2) A person must not give a document containing misleading\ninformation to a person who is exercising powers or performing\nfunctions under this Act.\n(a) knows the recipient of the document is acting in an official\ncapacity; and\n(b) knows the document contains misleading information.\nMaximum penalty: 200 penalty units or imprisonment for\n1 year.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the recipient's\nattention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe recipient the information necessary to correct the\ndocument.\n(4) In this section:\nmisleading information means information that is misleading in a\nmaterial particular because it:\n(a) does not include relevant information; or\n(b) includes misinformation.\n","sortOrder":140},{"sectionNumber":"127","sectionType":"section","heading":"Impersonation","content":"127 Impersonation\nA person must not falsely represent, by words or conduct, that\nthe person, or someone else, is:\n(a) an inspector; or\n(b) a person lawfully assisting an inspector.\nFault element: Intention to deceive.\nMaximum penalty: 400 penalty units or imprisonment for\n\nLivestock Act 2008 63\n","sortOrder":141},{"sectionNumber":"128","sectionType":"section","heading":"Obstruction and abusive language","content":"128 Obstruction and abusive language\n(1) A person must not obstruct an inspector, or person assisting an\ninspector, who is exercising powers or performing functions under\n(a) intentionally obstructs the inspector or person; and\n(b) knows that the person who is obstructed is acting in an official\ncapacity.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(2) A person must not use abusive, threatening or insulting language to\nan inspector, or person assisting an inspector, who is exercising\npowers or performing functions under this Act.\n(a) intentionally uses abusive, threatening or insulting language;\nand\n(b) knows that the person to whom the language is used is acting\nin an official capacity.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n","sortOrder":142},{"sectionNumber":"129","sectionType":"section","heading":"Interference with notice or sign","content":"129 Interference with notice or sign\nA person must not, without authorisation from an inspector, destroy,\nremove, deface, damage or otherwise interfere with a notice or sign\nplaced on land under this Act.\nMaximum penalty 100 penalty units.\n\nLivestock Act 2008 64\n","sortOrder":143},{"sectionNumber":"130","sectionType":"section","heading":"Prosecutions","content":"130 Prosecutions\n(1) Proceedings for the prosecution of an offence against a provision of\nthis Act must not be started more than 3 years after the occurrence\nof the alleged offence.\n(2) A prosecution for an offence against this Act may be started only\nwith the written consent of the Chief Inspector.\n(3) Subsection (2) does not apply to a prosecution started by the\nAttorney-General or Director of Public Prosecutions.\n","sortOrder":144},{"sectionNumber":"131","sectionType":"section","heading":"When thing connected with offence","content":"131 When thing connected with offence\nFor this Act, a thing is connected with an offence if any of the\nfollowing circumstances apply:\n(a) the offence is committed with respect to the thing;\n(b) the thing provides evidence of the commission of the offence;\n(c) the thing is used or is intended to be used for committing the\noffence.\n","sortOrder":145},{"sectionNumber":"132","sectionType":"section","heading":"Evidence in relation to brands and earmarks","content":"132 Evidence in relation to brands and earmarks\n(1) An extract from a register purporting to be signed by the Registrar\nis evidence of the matters stated in the extract.\n(2) A certificate purporting to be signed by the Registrar, stating a\nbrand or earmark has not been registered, is evidence of the fact.\n(3) A registered brand or earmark on livestock or hides that are proved\nnot to be owned by the owner of the registered brand or earmark\n(the brand owner) is evidence that the brand owner branded or\nmarked the livestock or hides knowing he or she did not own the\nlivestock at the time they were branded or marked.\n","sortOrder":146},{"sectionNumber":"133","sectionType":"section","heading":"Evidentiary certificate by Chief Inspector","content":"133 Evidentiary certificate by Chief Inspector\nA certificate purporting to be signed by the Chief Inspector, stating\na matter under this Act, is evidence of the matter.\n\nLivestock Act 2008 65\n","sortOrder":147},{"sectionNumber":"134","sectionType":"section","heading":"Criminal liability of executive officer of body corporate –","content":"134 Criminal liability of executive officer of body corporate –\nevidential burden of proof on defence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is an offence of absolute liability.\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n\nLivestock Act 2008 66\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) section 41, 45, 48(3), 53(4), 56(3) or (4), 59(3), 64, 67 or\n68(1); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":148},{"sectionNumber":"135","sectionType":"section","heading":"Self-incrimination","content":"135 Self-incrimination\n(1) A person is not excused from answering a question, providing\ninformation or producing a document, if required to so under this\nAct, on the ground that the answer, information or document might\ntend to incriminate the person or make the person liable to a\npenalty.\n(2) However, the answer, information or document is not admissible in\nevidence against the person in a civil or criminal proceeding except\na proceeding for an offence in which the falsity or misleading nature\nof the answer, information or document is relevant.\n","sortOrder":149},{"sectionNumber":"136","sectionType":"section","heading":"Continuing offences","content":"136 Continuing offences\n(1) This section applies if a court has found a person guilty of an\noffence against a provision of this Act.\n(2) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 10 penalty units for each day\nduring which the offence continues after the day on which the\noffence is committed.\n\nLivestock Act 2008 67\n","sortOrder":150},{"sectionNumber":"137","sectionType":"section","heading":"Territory not required to provide water or fodder on stock","content":"137 Territory not required to provide water or fodder on stock\nroute\nThe Territory is not required by this Act or any other law in force in\nthe Territory to provide water or fodder for livestock travelling or\ngrazing on a stock route.\n","sortOrder":151},{"sectionNumber":"138","sectionType":"section","heading":"Acquisition on just terms","content":"138 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in an\nacquisition of property other than on just terms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":152},{"sectionNumber":"139","sectionType":"section","heading":"Regulations","content":"139 Regulations\n(1) The Administrator may make regulations under this Act.\nNote for subsection (1)\nSee section 65 of the Interpretation Act 1978.\n(2) The regulations may provide for the following:\n(a) systems or methods of identification of livestock or other\nthings;\n(b) the registration of things associated with livestock;\n(c) matters relating to waybills and health certificates;\n(d) permits, authorisations or orders relating to matters under this\nAct;\n(e) information to be included in an approved form;\n(f) the control of disease in livestock, including methods of testing\nor treatment and the measures to be taken to decrease the\nrisk of disease;\n(g) obligations and restrictions relating to the following:\n(i) feeding fodder to livestock;\n\n","sortOrder":153},{"sectionNumber":"Part 10","sectionType":"part","heading":"Repeals and transitional matters for Livestock Act 2008","content":"Part 10 Repeals and transitional matters for Livestock Act 2008\nLivestock Act 2008 68\n(ii) the sale and supply of fodder, including the form and\ncontent of labels and invoices;\n(iii) the labelling of animal products and other things,\nwhether for the control of disease or provision of\ninformation;\n(h) standards relating to the following:\n(i) the management of livestock;\n(ii) the humane treatment and care of livestock;\n(iii) the disposal or destruction of livestock;\n(i) methods of destroying livestock, animal products and other\nthings;\n(j) the enforcement of a code of practice by providing that a\ncontravention of the code is an offence against the regulations\nor by other means;\n(k) the verification of a matter by statutory declaration.\n(3) The regulations may do any of the following:\n(a) confer a discretion on the Minister, Chief Executive Officer,\nChief Inspector or Registrar;\n(b) apply, adopt or incorporate (with or without changes) the\nwhole or part of a document as in force or existing at a\nparticular time or from time to time;\n(ba) prescribe fees payable under this Act;\n(c) prescribe a fine, not exceeding 200 penalty units, for an\noffence against the regulations;\n(d) provide for an offence against the regulations to be an offence\nof strict or absolute liability.\nPart 10 Repeals and transitional matters for Livestock\nAct 2008\n","sortOrder":154},{"sectionNumber":"140","sectionType":"section","heading":"Definition","content":"140 Definition\ncommencement day means the day on which this Act\ncommences.\n\nPart 10 Repeals and transitional matters for Livestock Act 2008\nLivestock Act 2008 69\n141 Repeals\nThe Acts specified in the Schedule are repealed.\n142 Brands, certificates and registers\n(1) A brand registered under the Brands Act 1928 immediately before\nthe commencement day is taken to be a 3-letter brand registered\nunder this Act.\n(2) A distinctive brand registered under the Brands Act 1928\nimmediately before the commencement day is taken to be a symbol\nbrand registered under this Act.\n(3) A certificate for a brand issued under the Brands Act 1928 has\neffect as if issued under this Act.\n(4) A register kept under the Brands Act 1928 immediately before the\ncommencement day continues in force under this Act.\n","sortOrder":155},{"sectionNumber":"143","sectionType":"section","heading":"Decisions relating to brands","content":"143 Decisions relating to brands\n(1) If an application under the Brands Act 1928 for the registration of a\nbrand or the transfer of a registered brand is not decided before the\ncommencement day, the Registrar must decide the application\nunder this Act.\n(2) The Brands Act 1928, as in force immediately before the\ncommencement day, continues to apply in relation to the following\nmatters:\n(a) a decision to cancel the registration of a brand notified under\nsection 22(2) of that Act less than 28 days before the\ncommencement day;\n(b) an appeal under section 24 of that Act made within the period\nspecified by that section, regardless of whether the appeal is\ninstituted before or after the commencement day.\n","sortOrder":156},{"sectionNumber":"144","sectionType":"section","heading":"Property and livestock identification","content":"144 Property and livestock identification\n(1) The register of property identifier codes kept under the Stock\nDiseases Regulations 1956 immediately before the commencement\nday continues as the register mentioned in section 15(2).\n(2) An approved identification device, as defined in the Stock Diseases\nRegulations 1956, in force immediately before the commencement\nday, is taken to be an identification device approved under\nsection 16.\n\n","sortOrder":157},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015","content":"Part 11 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nLivestock Act 2008 70\n","sortOrder":158},{"sectionNumber":"145","sectionType":"section","heading":"Determination of compensation","content":"145 Determination of compensation\nIf a person has applied for compensation under Part VA, Division 3\nof the Stock Diseases Act 1956 and the application is not\ndetermined before the commencement day, that Act continues to\napply in relation to the determination and any review of the\ndetermination.\n","sortOrder":159},{"sectionNumber":"146","sectionType":"section","heading":"Waybills and interstate health certificates","content":"146 Waybills and interstate health certificates\nThis Act applies in relation to a waybill or interstate certificate\nissued under the repealed Stock Routes and Travelling Stock\nAct 1954 during the 12 months immediately before the\ncommencement day as if it were a waybill or health certificate\nmentioned in this Act.\nPart 11 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n","sortOrder":160},{"sectionNumber":"147","sectionType":"section","heading":"Offences – before and after commencement","content":"147 Offences – before and after commencement\n(1) Section 134, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 20 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 134, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nPart 12 Transitional matters for Livestock and Other Legislation Amendment Act 2024\nLivestock Act 2008 71\nPart 12 Transitional matters for Livestock and Other\nLegislation Amendment Act 2024\n148 Definitions\namending Act means the Livestock and Other Legislation\nAmendment Act 2024.\ncommencement means the commencement of section 28 of the\namending Act.\n","sortOrder":161},{"sectionNumber":"149","sectionType":"section","heading":"Applications and reviews of decisions made before","content":"149 Applications and reviews of decisions made before\ncommencement\n(1) Despite section 28 of the amending Act, section 124 (as in force\nimmediately before the commencement) continues to apply in\nrelation to an application to the Chief Executive Officer for review of\na reviewable decision that was made before the commencement.\n(2) Despite section 28 of the amending Act, section 125 (as in force\nimmediately before the commencement) continues to apply in\nrelation to a decision of the Chief Executive Officer on a review\nunder section 124 that:\n(a) was made by the Chief Executive Officer before the\ncommencement; and\n(b) is made by the Chief Executive Officer after the\ncommencement on an application for review referred to in\nsubsection (1).\n\nLivestock Act 2008 72\nsection 141\nBrands Ordinance 1928 Ordinance No. 2 of 1928\nBrands Ordinance 1932 Ordinance No. 21 of 1932\nBrands Ordinance 1934 Ordinance No. 6 of 1934\nBrands Ordinance 1936 Ordinance No. 1 of 1936\nBrands Ordinance 1954 Ordinance No. 18 of 1954\nBrands Ordinance 1958 Ordinance No. 4 of 1958\nBrands Ordinance 1960 Ordinance No. 4 of 1960\nBrands Ordinance 1966 Ordinance No. 35 of 1966\nBrands Ordinance 1967 Ordinance No. 37 of 1967\nBrands Ordinance 1969 Ordinance No. 37 of 1969\nBrands Ordinance 1974 Ordinance No. 87 of 1974\nBrands Ordinance 1977 Ordinance No. 20 of 1977\nBrands Amendment Act 1990 Act No. 1 of 1990\nBrands Amendment Act (No. 2) 1990 Act No. 3 of 1990\nBrands Amendment Act 1995 Act No. 52 of 1995\nBrands Amendment Act 1996 Act No. 53 of 1996\nOrdinance 1958\nOrdinance No. 18 of 1958\nOrdinance 1961\nOrdinance No. 5 of 1962\nOrdinance 1966\nOrdinance No. 4 of 1966\nOrdinance 1974\nOrdinance No. 85 of 1974\n\nLivestock Act 2008 73\nExotic Diseases (Animals) Compensation\nAct 1981\nAct No. 86 of 1981\nExotic Diseases (Animals) Compensation\nAmendment Act 1990\nAct No. 6 of 1990\nStock (Control of Hormonal Growth\nPromotants) Act 1993\nAct No. 2 of 1993\nStock (Control of Hormonal Growth\nPromotants) Amendment Act 1996\nAct No. 52 of 1996\nStock Diseases Ordinance 1954 Ordinance No. 16 of 1954\nStock Diseases Ordinance 1955 Ordinance No. 23 of 1955\nStock Diseases Ordinance 1957 Ordinance No. 26 of 1957\nStock Diseases Ordinance 1959 Ordinance No. 23 of 1959\nStock Diseases Ordinance 1961 Ordinance No. 2 of 1962\nStock Diseases Ordinance 1962 Ordinance No. 40 of 1962\nStock Diseases Ordinance 1963 Ordinance No. 66 of 1963\nStock Diseases Ordinance 1968 Ordinance No. 63 of 1968\nStock Diseases Ordinance 1969 Ordinance No. 55 of 1969\nStock Diseases Amendment Act 1981 Act No. 51 of 1981\nStock Diseases Amendment Act (No. 3) 1981 Act No. 73 of 1981\nStock Diseases Amendment Act (No. 2) 1981 Act No. 90 of 1981\nStock Diseases Amendment Act 1983 Act No. 56 of 1983\nStock Diseases Amendment Act 1987 Act No. 39 of 1987\nStock Diseases Amendment Act 1988 Act No. 9 of 1988\nStock Disease Amendment Act (No. 2) 1988 Act No. 24 of 1988\nStock Diseases Amendment Act 1989 Act No. 80 of 1989\nStock Diseases Amendment Act 1990 Act No. 2 of 1990\nStock Diseases Amendment Act 1994 Act No. 33 of 1994\nStock Diseases Amendment Act 1996 Act No. 49 of 1996\n\nLivestock Act 2008 74\nStock Diseases Amendment Act 1999 Act No. 32 of 1999\nStock Diseases Amendment Act 2003 Act No. 10 of 2004\nStock Routes Ordinance 1954 Ordinance No. 5 of 1955\nOrdinance 1955\nOrdinance No. 2 of 1956\nOrdinance 1957\nOrdinance No. 13 of 1957\nStock Routes and Travelling Stock Ordinance\n(No. 2) 1957\nOrdinance No. 25 of 1957\nOrdinance 1960\nOrdinance No. 9 of 1960\nOrdinance 1963\nOrdinance No. 68 of 1963\nOrdinance 1969\nOrdinance No. 48 of 1969\nOrdinance 1973\nOrdinance No. 79 of 1973\nStock Routes and Travelling Stock Act 1980 Act No. 27 of 1980\nAct 1981\nAct No. 49 of 1981\nAct 1982\nAct No. 20 of 1982\nAct 1987\nAct No. 40 of 1987\nAct 1990\nAct No. 7 of 1990\nAct 1996\nAct No. 6 of 1996\nAct (No. 2) 1996\nAct No. 51 of 1996\n\nLivestock Act 2008 75\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLivestock Act 2008 (Act No. 36, 2008)\nAssent date 8 December 2008\nCommenced 1 September 2009 (Gaz G34, 26 August 2009, p 3)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\nLivestock Amendment Act 2014 (Act No. 30, 2014)\nAssent date 18 September 2014\nCommenced 18 September 2014\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nLivestock and Other Legislation Amendment Act 2024 (Act No. 7, 2024)\nAssent date 9 April 2024\nCommenced 30 April 2024 (Gaz S33, 26 April 2024)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 4, 91, 111, 142, 143, 144,\n145 and 146.\n\nLivestock Act 2008 76\n4 LIST OF AMENDMENTS\ns 3 amd No. 7, 2024, s 4\ns 4 amd No. 7, 2024, s 5\npt 2A hdg ins No. 7, 2024, s 6\nss 16A – 16H ins No. 7, 2024, s 6\ns 27 sub No. 7, 2024, s 7\ns 32 amd No. 7, 2024, s 8\ns 38 amd No. 7, 2024, s 9\ns 39 amd No. 7, 2024, s 10\nss 42 – 43 sub No. 7, 2024, s 11\ns 43A ins No. 7, 2024, s 11\ns 44 amd No. 7, 2024, s 12\ns 47 amd No. 7, 2024, s 13\ns 48 amd No. 7, 2024, s 14\ns 50 amd No. 7, 2024, s 15\ns 53 amd No. 7, 2024, s 16\ns 53A ins No. 7, 2024, s 17\ns 55 amd No. 7, 2024, s 18\ns 56 amd No. 7, 2024, s 19\ns 59 amd No. 7, 2024, s 20\ns 60 sub No. 7, 2024, s 21\ns 91 amd No. 7, 2024, s 22\ns 92 amd No. 7, 2024, s 23\ns 105 amd No. 8, 2016, s 45\ns 117 amd No. 7, 2024, s 24\ns 118 amd No. 7, 2024, s 25\ns 120 amd No. 7, 2024, s 26\ns 123 amd No. 7, 2024, s 27\ns 124 sub No. 7, 2024, s 28\ns 125 amd No. 8, 2016, s 45\nsub No. 7, 2024, s 28\ns 130 amd No. 25, 2009, s 10\ns 134 sub No. 26, 2015, s 68\ns 139 amd No. 30, 2014, s 3; No. 7, 2024, s 29\npt 11 hdg exp No. 36, 2009, s 157\nins No. 26, 2015, s 69\ns 147 exp No. 36, 2009, s 157\nins No. 26, 2015, s 69\npt 12 hdg ins No. 7, 2024, s 30\nss 148 – 149 exp No. 36, 2009, s 157\nins No. 7, 2024, s 30\nss 150 – 157 exp No. 36, 2009, s 157","sortOrder":162}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3403},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The 2024 amendments inserted Part 2A (Biosecurity management plans), significantly expanding the Act beyond its original 2008 focus on animal identification, disease notification, and stock movement. The new Part creates a framework for private property owners to establish legally enforceable entry restrictions and biosecurity protocols, effectively adding property access management and private biosecurity enforcement to the Act's core functions. The object clause (s 3) was amended to include 'providing for the making and enforcement of biosecurity management plans' (s 3(ba)), confirming this substantive expansion of scope."},"complexity_factors":["147 defined terms in section 4, including technical scientific definitions ('animal pathogen', 'biological preparation') and novel biosecurity concepts ('carrier', 'biosecurity matter')","Multiple fault elements for offences requiring careful parsing: strict liability (s 17(4)), intention (s 18(3)), knowledge (s 19), and recklessness (s 56(3))","Nested administrative review processes: compensation claims go through valuation panels → valuers → valuation reviewers (Part 5, Div 4); other decisions require internal review → NTCAT (Part 7)","Extensive cross-referencing between Parts (e.g., Part 2A biosecurity plans affect Part 3 property access rights for retrieving stray livestock)","Three layers of transitional provisions (Parts 10, 11, and 12) preserving different versions of sections based on commencement dates of amendment Acts from 2008, 2015, and 2024","Conditional activation of powers: emergency disease provisions (Part 4, Div 5) only apply after Gazette notices declare specific diseases and establish control programs or standstill zones","Property-specific criminal law: Part 2A creates offences that vary depending on the terms of individual biosecurity management plans registered to specific properties"],"plain_english_summary":"The **Livestock Act 2008** (Northern Territory) is the main law governing the management of farm animals—including cattle, horses, sheep, pigs, bees, and crocodiles—to keep the industry safe and disease-free.\n\n**Who it affects**\n- Farmers, station owners, and anyone keeping livestock\n- People moving animals (truck drivers, drovers, exporters)\n- Veterinarians and government livestock inspectors\n- Anyone entering rural properties\n\n**What the law does**\n\n**1. Identification and tracing**\n- Requires owners to register **brands** (3-letter codes burned or frozen onto animals) and **earmarks** with the Registrar\n- Establishes a **property identification code** system so every property where livestock are kept has a unique number for tracing disease outbreaks\n\n**2. Biosecurity management plans (new in 2024)**\n- Allows property owners to create legally binding **biosecurity management plans** that control who can enter their land and what hygiene rules visitors must follow (e.g., washing boots, not bringing certain items)\n- Requires signs at gates warning that entry without consent is restricted\n- Makes it an offence to ignore these plans or enter without permission (with exceptions for mining titles, emergency services, etc.)\n\n**3. Moving animals**\n- Requires a **waybill** (a travel document) whenever prescribed livestock are moved, showing where they came from and where they’re going\n- Requires **health certificates** for animals entering the Territory from interstate\n- Regulates **stock routes** (public paths for moving cattle on foot), including speed limits and rules against leaving animals unattended\n\n**4. Disease control**\n- Classifies diseases as **emergency** (e.g., foot-and-mouth), **endemic** (already present in Australia), or **exotic** (foreign)\n- Gives the Chief Inspector strong emergency powers: issuing **quarantine orders**, creating **standstill zones** (where no animals can move), ordering destruction of infected herds, and requiring testing or vaccination\n- Makes it a serious crime (up to 2 years jail) to sell infected animals, make misleading statements about disease status, or refuse to report suspected outbreaks\n\n**5. Compensation**\n- If the government destroys your animals to stop a disease, you are generally entitled to **compensation** based on market value\n- Special **valuation panels** (including an independent valuer and an industry representative) determine the amount if there’s a dispute\n- No compensation if you caused the disease through negligence or illegal acts\n\n**6. Enforcement**\n- **Inspectors** can enter properties (with warrants for homes), seize animals or documents, and issue orders on the spot\n- Offences range from strict liability (automatic guilt for paperwork errors like not having a waybill) to intentional crimes (knowingly selling diseased stock)\n- Heavy fines (up to 500 penalty units) and potential jail time for serious biosecurity breaches\n\n**Why it matters**\nThis law protects the Northern Territory’s livestock industry (worth over $1 billion annually) from catastrophic disease outbreaks that could shut down export markets. It balances farmer rights (compensation for destroyed stock) with emergency powers to act fast when diseases threaten."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. Recent amendments (notably the insertion of Part 2A and multiple amendments listed in the endnotes) have expanded the Act beyond its original identification, movement and disease-control core. Key scope changes include:\n\n- A new statutory framework for property-level biosecurity management plans (Part 2A, ss 16A–16H) that creates a permitted scheme for property owners to set entry conditions, mandatory signage, written consent and criminal penalties for non-compliance. This adds private-property entry controls and data/consent requirements that were not previously present.\n\n- Strengthened and broadened emergency and disease-control powers: expanded quarantine and area orders (including s 43A), explicit power to treat or destroy infected residences/structures in emergency disease programs (s 54), and a formal standstill zone and movement‑permit regime (ss 55–56). These changes increase executive capacity to restrict movement and to order destruction beyond earlier provisions.\n\n- Administrative tightening: expanded discretion by the Chief Inspector and Minister through Gazette notice authorities and approvals (eg ss 50, 51, 52–53, 98), alongside limits on review for emergency-disease decisions (s 118), concentrating operational control in executive agencies.\n\n- Corporate accountability: the inclusion of director/executive officer liability provisions (s 134, as amended in 2015) imposes absolute or near‑absolute liability on executives for certain corporate contraventions, changing the enforcement reach compared to earlier versions.\n\nTogether these changes materially broaden regulatory scope (more on‑property biosecurity controls, greater emergency intervention tools, and stronger enforcement reach), increasing compliance obligations for property owners and expanding administrative discretion in disease responses (see ss 16A–16H, 43A, 54–56, 118, 134)."},"complexity_factors":["Long text with many Parts and subparts (12 Parts plus Schedule and Endnotes).","Approximately 60–80 defined terms in s 4 and Part 2A (many technical definitions feed multiple provisions).","Numerous cross-references to regulations, Gazette notices and approved forms (frequent delegation of substantive detail to subordinate instruments).","Multiple and differing fault elements across offences (intention, knowledge, recklessness, strict liability, absolute liability) increasing compliance complexity (see, e.g., ss 17, 20, 23, 24, 41, 45, 62–68, 134).","Significant administrative discretion: Minister, Chief Executive Officer, Chief Inspector and Registrar each empowered to make determinations and orders (e.g. ss 50, 53, 55–56, 86–96, 139).","Complex compensation machinery with valuation panels, valuers and reviewers and appeal time limits (ss 76–85).","Wide and conditional inspector powers of entry, search, seizure, treatment, destruction and detention, including warrant and non‑warrant pathways (ss 104–110, 33–39, 53).","Emergency provisions that remove review rights and make certain decisions final (s 118) add procedural complexity and limit judicial remedies.","Recent additions (Part 2A biosecurity plans and expanded quarantine/standstill powers) introduce new property‑level consent, signage and disclosure duties with offences and inspector enforcement (ss 16A–16H, 16C–16G, 16H)."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a single regulatory framework for livestock in the Northern Territory: identification (brands, earmarks, property IDs), movement controls (waybills, health certificates, stock routes), disease control (quarantine, control programs, standstill zones), biosecurity at the property level, inspection and enforcement powers, and compensation rules where livestock or associated things are destroyed (see Parts 2, 2A, 3–5, 6).\n\n- Gives a set of decision-makers statutory powers: the Minister (to establish control programs and declare zones), the Chief Executive Officer and the Chief Inspector (to run and enforce programs, approve labs and tests, issue orders), the Registrar (to keep identification registers and approve devices), and inspectors (wide on‑the‑ground powers to inspect, seize, detain, test, treat, move or destroy livestock and related things) (see ss 50, 53, 55–56, 86–96, 104–110). Many actions and restrictions are implemented by Gazette notice, written order or approved form.\n\n- Creates criminal offences and civil processes to secure compliance: fines, imprisonment for serious contraventions, strict and absolute liability for particular offences (for example, where waybills or health certificates are required), and specific offences for misleading information, obstruction, and interfering with signs (see ss 17–21, 41, 45, 62–68, 126–129, 134).\n\n**Who it affects**\n\n- Livestock owners and managers (including pastoralists and smallholders): must identify animals, use waybills/health certificates when required, comply with control orders and biosecurity management plans, and may be required to test, treat, move or destroy animals (see ss 9–16, 17–21, 16B, 53).\n\n- People entering or working on livestock properties: biosecurity plans can require written consent to enter, signage and compliance with property-specific biosecurity measures (see ss 16B–16G).\n\n- Transporters, traders, abattoirs and processors: subject to waybill and health certificate rules, movement permits, and restrictions during declared control or standstill zones (see ss 17, 20–21, 55–56, 59).\n\n- Diagnostic laboratories and veterinarians: laboratories require approval to perform certain tests (s 32); veterinarians have statutory notification duties (s 65).\n\n- Bodies corporate and their executive officers: the law includes corporate liability and an evidentially robust defence regime for executives (s 134).\n\n- Territory government and taxpayers: responsible for paying statutory compensation (Part 5) and potentially bearing reimbursement decisions or expense recovery from owners (s 57).\n\n**Why it matters (stated purpose, then practical implications)**\n\n- The Act’s stated object is to support a sustainable livestock industry by enabling identification and traceability; protecting market access and product integrity; managing disease and biosecurity; regulating movement; and providing compensation for disease-driven losses (s 3). That purpose is implemented by imposing identification, movement and sanitation requirements and by giving executive officers broad powers to control disease outbreaks (Parts 2–5).\n\n- Practical implications:\n  - Compliance burden: property registration, keeping waybills/health certificates, erecting signage for property biosecurity plans and keeping written consents, and submitting livestock to tests or treatments when ordered (ss 15, 16B–16F, 17–21, 53).\n  - Business effects: movement restrictions (standstill zones, declared areas) and sale prohibitions can interrupt trade and logistics for producers, transporters and abattoirs (ss 55–59, 67). Compensation processes exist (Part 5) but have exclusions (s 72) and multi-step valuation processes (ss 76–85).\n  - Allocation of costs and risks: owners may be required to reimburse Territory expenses for actions taken (s 57); conversely, owners of destroyed stock are generally entitled to compensation from the Territory (Part 5), subject to exclusions where owner conduct contributed to disease spread (s 72).\n  - Administrative discretion and speed: many powers and requirements are effective by Gazette notice or written order (eg s 50, s 55, s 59, s 98). Emergency disease measures can be final and not subject to judicial or tribunal review (s 118), which speeds up action but limits external oversight.\n\n**Who pays, who decides, and how behaviour changes**\n\n- Who pays: owners pay day‑to‑day compliance costs (tests, treatments, signage, mustering) and may reimburse Territory expenses incurred in exercising certain powers (s 57). The Territory (taxpayers) funds compensation for destroyed livestock or destroyed things (Part 5), and may recover sale proceeds where animals are slaughtered (s 73).\n\n- Who decides: the Minister and Chief Executive Officer set high-level programs and declarations (ss 50, 55), the Chief Inspector operates and enforces programs, approves tests/labs and issues many operational orders (ss 32, 52–53, 96–98), and inspectors exercise front-line powers (ss 28, 33–35, 104–110). The Registrar handles identification registers and approvals (ss 15–16, 86–89).\n\n- Behaviour changes the Act requires: register and brand animals/property identifiers; carry and produce waybills/health certificates when required; obtain written consent to enter certain properties or comply with biosecurity plans; follow inspection and treatment orders; avoid moving livestock during standstill or declared area restrictions without permits (ss 9–16, 17–21, 16B–16G, 53, 55–56, 59).\n\n**Trade-offs, incentives and implementation risks**\n\n- Trade-offs: faster executive action (eg emergency powers, s 118) reduces time-to-contain outbreaks but narrows judicial review and can increase perceived regulatory risk for producers. Compensation mitigates private losses but is conditional and administratively complex (ss 70–85), which may delay recovery for businesses.\n\n- Incentives and compliance risk: owners who fail to notify or who contribute to disease spread can lose compensation entitlements (s 72) and face criminal penalties (eg ss 62–65). These provisions create strong incentives to report and comply but also raise the stakes for pastoralists in remote areas where access to vets or transport is limited.\n\n- Implementation costs and capacity risk: the regime relies on timely approvals, testing capacity and inspection resources (ss 32, 51, 96). If diagnostic labs or inspectors are limited, the Act’s powers (eg mass testing, valuation panels, seizure/destruction) may be difficult to operationalise quickly.\n\n**Concrete sources of discretion and potential bottlenecks**\n\n- Many regulatory instruments are implemented by Gazette notices and approvals (ss 17–18, 31–32, 50–51, 55, 98), concentrating practical discretion in the Minister, Chief Executive Officer and Chief Inspector.\n\n- Compensation determinations involve valuation panels, valuers and reviewers with nomination and appointment steps that can delay payment (ss 80–85).\n\n- Emergency decisions can be final and not reviewable (s 118), reducing legal delay but placing importance on administrative correctness and accountability.\n\n**Net distributional features (who benefits most, who bears costs)**\n\n- Concentrated effects: livestock owners can face large, concentrated losses from compulsory destruction or movement restrictions but also have a statutory route to compensation (Part 5). Owners who contravene duties risk losing compensation and incurring penalties (s 72).\n\n- Diffuse costs: taxpayers ultimately fund compensation and enforcement overheads; wider market effects from area declarations or standstills can ripple across processors and supply chains.\n\n(For specifics, see the cited sections above: Part 2 (identification), Part 2A (biosecurity management plans, ss 16A–16H), Parts 3–4 (movement and disease control, ss 17–59), Part 5 (compensation, ss 69–85), Part 6 (administration and enforcement, ss 86–117), and Part 7 (reviews and limits on review, ss 118–125).)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/livestock-act-2008","history":"/api/acts/livestock-act-2008/history","analysis":"/api/acts/livestock-act-2008/analysis","conflicts":"/api/acts/livestock-act-2008/conflicts","importantCases":"/api/acts/livestock-act-2008/important-cases","documents":"/api/acts/livestock-act-2008/documents"}}