{"id":"livestock-disease-control-act-1994","name":"Livestock Disease Control Act 1994","slug":"livestock-disease-control-act-1994","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178049,"registerId":"vic-livestock-disease-control-act-1994-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"9B","sectionType":"section","heading":"Property identification codes 21","content":"9B Property identification codes 21\n\n9BA Cancellation of property identification code 23\n\n9BB Review of cancellation of property identification code 24\n\n9BC Offence to use property identification code no longer in force 25\n\n9C Requirements for manufacturers of tags and devices 25\n\n10 Entry of livestock etc. 26\n\n11 Quarantine areas 28\n\n12 Offences 29\n\nDivision 2—Controls over livestock 32\n\n13 Separation or isolation of livestock 32\n\n14 Destruction or disposal of livestock 32\n\n15 Destruction or disposal of diseased livestock 33\n\n16 Testing for diseases 34\n\n16A Secretary may make determinations relating to testing for diseases 38\n\nDivision 3—Agreements and contracts 39\n\n17 Agreements with owners of livestock 39\n\n18 Contracts with veterinary practitioners 40\n\nPart 3—Exotic diseases 41\n\nDivision 1—Preliminary 41\n\n19 Application of this Part to land 41\n\n20 Application of this Part to livestock 42\n\nDivision 2—Declared areas 42\n\n21 Declaration of infected place 42\n\n22 Declaration of infected vehicle 43\n\n23 Notice of order declaring area or vehicle infected 43\n\n24 Permit for entry or exit 44\n\n25 Entry and exit points 45\n\n26 Declaration of restricted area 46\n\n27 Permits for activity in restricted area 47\n\n28 Entry to and exit from restricted areas 49\n\n29 Control area 50\n\n30 Permit for activity in a control area 52\n\n31 Further powers under Orders declaring restricted or control areas 53\n\nDivision 3—Importation orders 54\n\n32 Border security 54\n\n33 Contravention of importation order 55\n\n34 Publication of importation order 55\n\n35 Duration of importation order 56\n\nDivision 4—Destruction orders 56\n\n36 Destruction of buildings and vehicles 56\n\n37 Notice of destruction order 56\n\n38 Enforcement of destruction order 57\n\nDivision 5—Exotic disease agents 57\n\n39 Possession or administration of exotic disease agents 57\n\nDivision 6—General 58\n\n40 Other powers and liabilities not affected 58\n\nPart 4—Provisions for particular livestock 59\n\nDivision 1—Pigs 59\n\n41 Prohibitions relating to the feeding of pigs 59\n\n41A Secretary may issue permit 61\n\n41B Minister may declare that offences apply to certain materials specified in section 41(2) and (3) 62\n\nDivision 2—Sewage farm cattle and pigs 64\n\n42 Definitions and application 64\n\n43 No cattle or pigs on sewage land 65\n\n44 Water corporation may graze cattle 68\n\n44A Notification in relation to exposed cattle or pigs 69\n\n44B Offence to sell exposed cattle or pigs 70\n\nDivision 3—Dairying animals 71\n\n45 Prohibition of use of cow, goat, sheep or buffalo for dairying 71\n\nDivision 5—Bees 72\n\n48 Registration of beekeepers 72\n\n49 Biennial fees 74\n\n50 Hives to be marked with registered brand 74\n\n51 Disposal and acquisition of hives 75\n\n52 Exposure of bees to infected articles etc. 75\n\n53 Access of bees to honey etc. 76\n\nDivision 6—Artificially bred livestock 76\n\n54 Application of Division 76\n\n55 Sale of semen prohibited except from approved sires 76\n\n56 Sale of diseased semen prohibited 77\n\n57 Premises for collection of semen to be licensed 77\n\n58 Training courses about artificial breeding 77\n\nPart 5—Compensation 78\n\nDivision 1—Exotic diseases compensation 78\n\n59 Exotic Diseases Fund 78\n\n60 Payment out of Fund 79\n\n61 Compensatable exotic diseases 79\n\n62 Payment of compensation 80\n\n63 Amount of compensation 80\n\n64 Reduction in compensation payable under section 63 81\n\n64A Payment of further compensation for restocking of livestock 82\n\n65 Review by Victorian Civil and Administrative Tribunal 84\n\n65A Minister may decide that compensation be repaid 84\n\n65B Minister must serve a notice on the owner about compensation to be repaid 86\n\n65C Owner may respond to Minister after receiving a notice to repay compensation under section 65B 87\n\n65D Minister must consider an owner's response to a notice 87\n\n65E Minister may write off liability of owner to repay compensation 88\n\nDivision 2—Bees compensation 89\n\n66 Honey Bee Compensation and Industry Development Fund 89\n\n67 Payments out of the Fund 89\n\n68 Compensatable disease 91\n\n69 Compensation 91\n\n70 Apicultural Industry Advisory Committee 92\n\nDivision 3—Cattle compensation 94\n\n71 Cattle Compensation Fund 94\n\n72 Payments out of the Fund 95\n\n73 Compensatable diseases 96\n\n74 Amount of compensation 96\n\n75 Payment of compensation 97\n\n76 No compensation payable 98\n\n77 Compensation payable out of Fund 98\n\n78 Sale of carcases etc. 99\n\n79 Cattle Compensation Advisory Committee 99\n\nDivision 3A—Sheep and goat compensation 101\n\n79A Sheep and Goat Compensation Fund 101\n\n79B Payments out of the Fund 102\n\n79C Compensation payable for declared diseases 103\n\n79D Amount of compensation 103\n\n79E Payment of compensation 104\n\n79F No compensation payable 105\n\n79G Compensation payable out of Fund 105\n\n79H Sale of carcases etc. 105\n\n79I Sheep and Goat Compensation Advisory Committee 106\n\nDivision 4—Swine compensation 108\n\n80 Swine Compensation Fund 108\n\n81 Payments out of the Fund 108\n\n82 Compensatable diseases 110\n\n83 Payment of compensation 110\n\n84 No compensation payable 111\n\n85 Amount of compensation 112\n\n86 Sale of carcases etc. 112\n\n87 Swine Industry Projects Advisory Committee 112\n\nDivision 5—General 113\n\n88 Claims for compensation 113\n\n89 No compensation for loss of profit etc. 114\n\n90 Valuation of livestock 114\n\n91 False claims 115\n\nPart 6—Duty and records 116\n\n92 Payment of duty by owner of cattle, sheep, goats or pigs 116\n\n94A Records of sales and purchases 119\n\n94B Notification about livestock slaughter or disposal 120\n\n95 Payment of duty by approved agents in respect to cattle 121\n\n95A Payment of duty by approved agents in respect to sheep and goats 123\n\n95B Payment of duty by approved agents in respect to pigs 125\n\n96 Offences 127\n\n96A Suspension of requirement to pay duty 127\n\n96B Evidence of ownership of livestock 128\n\nPart 7—Administration 129\n\nDivision 1—Administration of licences, registrations etc. 129\n\n97 Applications 129\n\n98 Grant or refusal 129\n\n99 Term of licence or registration 130\n\n100 Cancellation or suspension 130\n\n101 Reviews by Victorian Civil and Administrative Tribunal 131\n\nDivision 2—General 131\n\n102 Delegations by Minister 131\n\n103 Delegations by Secretary 132\n\n104 Fees 132\n\n105 Protection of control programs 133\n\n106 Protection of persons assisting inspector 134\n\n107 Non-compliance under order 134\n\n107A Information collection 135\n\n107B Record-keeping by the Secretary 136\n\n107BA Availability of records and information kept under section 107B—purposes other than emergency preparation or response 137\n\n107BB Availability of records and information kept under section 107B—disease prevention and emergency planning 140\n\n107BC Conditions and fees 140\n\n107BD Availability of emergency-related records and information 140\n\n107C Secrecy 142\n\n107D Disclosure of information to Commissioner of State Revenue in relation to the administration of duty 143\n\n107E Secretary may request information relating to land from Councils 143\n\nPart 8—Enforcement 145\n\nDivision 1—Inspectors 145\n\n108 Inspectors 145\n\n108A Police officers acting in capacity as inspectors 147\n\nDivision 2—General powers of inspector 147\n\n109 General powers of inspectors 147\n\n109A Powers of entry with warrant 149\n\n110 Quarantine notice 151\n\n111 Duration of notice 151\n\n112 Offence 151\n\n113 Disinfection notice 152\n\n114 Offence 153\n\n115 Treatment notice 153\n\n115A Identification notice 154\n\n115AB Removal notice in relation to feeding of pigs 155\n\nDivision 3—Additional powers of inspectors for exotic diseases 157\n\n115B Inspectors powers in this Division are in addition to general powers 157\n\n116 Search and entry and other powers 157\n\n117 Notice requesting assistance 158\n\n118 Power to obtain information 160\n\n119 Power of seizure and impoundment 161\n\n120 Seized livestock and property 161\n\nDivision 4—Additional powers with respect to bees 162\n\n122 Inspector may order hives to be cleaned 162\n\n123 Construction of hives 163\n\n124 Direction to attend at hives 163\n\n125 Abandoned hives 164\n\nDivision 5—Infringement notices 165\n\n126 Power to serve a notice 165\n\n129 Penalties to be paid for offences under infringement notices 166\n\nDivision 6—Provisions related to court proceedings 166\n\n132 Power to file charge-sheets under this Act 166\n\n132A Time for charging certain offences under this Act 167\n\n133 Service of documents 167\n\n134 Persons liable for offences 168\n\nDivision 7—General 169\n\n135 Suspicion of infection 169\n\n136 Evidence of certain matters 169\n\n137 Offences relating to enforcement 170\n\n137A Offence to make false or misleading statements 171\n\n138 Supreme Court—limitation of jurisdiction 171\n\n138A Supreme Court—limitation of jurisdiction 171\n\nPart 9—Regulations 172\n\n139 Regulations 172\n\nPart 10—Repeals, amendments and transitional provisions 176\n\n143 Transitional provisions 176\n\n144 Saving of records of cattle sales kept under Auction Sales Act 1958 176\n\n145 Transitional provision—Primary Industries Legislation Amendment Act 2009 177\n\n146 Transitional provision—Primary Industries Legislation Amendment Act 2009 177\n\n147 Transitional provision—Primary Industries Legislation Amendment Act 2010 177\n\n148 Transitional provisions—Primary Industries Legislation Amendment Act 2010 177\n\n149 Transitional provision—Primary Industries Legislation Amendment Act 2014 178\n\n150 Transitional provisions—Agriculture Legislation Amendment Act 2022 178\n\n151 Transitional provisions—Biosecurity Legislation Amendment (Incident Response) Act 2024 180\n\nSchedules 181\n\n","sortOrder":0},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Membership and procedure of committees 181","content":"Schedule 1—Membership and procedure of committees 181\n\n","sortOrder":1},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Transitional provisions 184","content":"Schedule 3—Transitional provisions 184\n\nEndnotes 186\n\n1 General information 186\n\n2 Table of Amendments 189\n\n3 Explanatory details 195\n\n**Version No.** **085**\n\n**Livestock Disease Control Act 1994**\n\n**No. 115 of 1994**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":2},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\nS. 1 amended by No. 57/2003 s. 3(1).\n\n","sortOrder":3},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are to provide for the prevention, monitoring and control of livestock diseases and to provide compensation for losses caused by certain livestock diseases.\n\n","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\nS. 2(3) amended by Nos 84/2008 ss 22, 31.\n\n(3) If a provision referred to in subsection (2), other than section 92(2), does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.\n\nS. 3  \namended by No. 46/1998 s. 7(Sch. 1) (ILA s. 39B(1)).\n\n","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nS. 3(1) amended by No. 74/2000 s. 3(Sch. 1 item 73.1).\n\n(1) In this Act—\n\n***appropriate Minister*** means the Minister administering section 19 of the **Financial Management Act 1994**;\n\nS. 3(1) def. of *approved agent* inserted by No. 83/1998 s. 3(a), substituted by No. 84/2008 s. 23(1).\n\n***approved agent*** means a livestock agent registered as an approved agent under section 248A of the **Duties Act 2000**;\n\nS. 3(1) def. of *cattle* amended by No. 71/2014 s. 17.\n\n***cattle*** means any bull, cow, ox, steer, heifer, calf, bison or buffalo;\n\nS. 3(1) def. of *Department* inserted by No. 22/2022 s. 108(1)(a), amended by No. 1/2024 s. 53.\n\n***Department*** means Department of Energy, Environment and Climate Action;\n\nS. 3(1) def. of *disease* amended by No. 92/1995 s. 161(Sch. 2 item 3.1).\n\n***disease*** means—\n\n(a) any contagious or infectious disease, or any condition to which any livestock is subject, that the Governor in Council declares from time to time to be a disease; or\n\n(b) an exotic disease;\n\n***domestic livestock*** means any livestock in a domesticated state or under the control of humans, regardless of whether livestock of its species are categorised at common law as being of a tame or domestic nature;\n\nS. 3(1) def. of *emergency* inserted by No. 48/2010 s. 15(1), amended by No. 73/2013 s. 95.\n\n***emergency*** has the same meaning as in section 3 of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *exotic disease* amended by Nos 92/1995 s. 161(Sch. 2 item 3.1), 83/1998 s. 3(b).\n\n***exotic disease*** means—\n\n(a) foot and mouth disease or rabies; or\n\n(b) any other contagious or infectious disease, or any condition to which any livestock is subject, that the Governor in Council declares to be an exotic disease;\n\nS. 3(1) def. of *fittings* amended by No. 7/2007 s. 3.\n\n***fittings*** means—\n\n(a) any facilities or materials used for housing, restraining or confining livestock; or\n\n(b) any hives, utensils, apparatus or implements for use in beekeeping or in handling, housing or storing honeycomb or beeswax; or\n\n(c) halters, brushes, clothes, buckets or other articles which have been brought into contact with any livestock; or\n\n(d) equipment or other articles—\n\n(i) which are normally used in connection with livestock and which have been brought into contact with any livestock product; or\n\n(ii) which are used in the processing or manufacture of livestock products and which have been brought into contact with any livestock product;\n\n***fodder*** means any food, drinking water or bedding used by or which has been brought into contact with any livestock;\n\nS. 3(1) def. of *goat* inserted by No. 25/1997 s. 3(a).\n\n***goat*** means buck, doe, kid or wether;\n\nS. 3(1) def. of *GST* inserted by No. 6/2000 s. 35(1).\n\n***GST*** has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under Part 3 of the **National Taxation Reform (Consequential Provisions) Act 2000** by a person that is a State entity within the meaning of that Act;\n\n***hive*** means any receptacle, or any component of a receptacle, which houses bees or which has housed bees;\n\nS. 3(1) def. of *inspector* substituted by No. 1/2024 s. 14(1).\n\n***inspector*** means—\n\n(a) an inspector appointed under section 108; and\n\n(b) a police officer;\n\n***livestock*** means any non-human animal, and any fish or bird, whether wild or domesticated, egg intended for hatching or bee;\n\nS. 3(1) def. of *livestock agent* inserted by No. 84/2008 s. 23(2).\n\n***livestock agent*** means a person carrying on—\n\n(a) a business as—\n\n(i) a stock and station agent; or\n\n(ii) an abattoir operator; or\n\n(iii) a feedlot operator; or\n\n(iv) a cattle scale operator; or\n\n(v) a calf dealer; or\n\n(b) a business dealing with the buying or selling of livestock or the carcases of livestock;\n\nS. 3(1) def. of *livestock product* amended by Nos 73/1996 s. 31, 35/2009 s. 76.\n\n***livestock product*** includes—\n\n(a) the carcase or any portion of a carcase of any livestock;\n\n(b) the meat, blood, hide, skin, wool, hair, horns, feathers, antlers, feet or offal of livestock;\n\n(c) the fat, milk, whey, cream, butter, cheese, eggs or other food or foodstuffs derived from livestock;\n\n(d) honey, beeswax, honeycomb or any other product of bees;\n\n(e) semen, ova or embryos of livestock;\n\n(f) the secretions, excretions, manure and other wastes of livestock;\n\nS. 3(1) def. of *market value* substituted by No. 1/2024 s. 5.\n\n***market value***, in relation to livestock, means the value of the livestock calculated as on a sale on the place where the livestock is when it is destroyed or dies or is ordered to be destroyed;\n\n***owner*** includes—\n\n(a) every person other than a mortgagee not in possession having or claiming jointly or severally any right, title or interest to or in any livestock or land; and\n\n(b) the authorised agent of the owner; and\n\n(c) in the case of a body corporate or unincorporate, the chief executive officer or other controlling officer of the body; and\n\n(d) the superintendent or overseer of any livestock; and\n\n(e) the occupier, superintendent or overseer of any land upon which livestock are kept; and\n\n(f) all persons in charge of travelling livestock;\n\nS. 3(1) def. of *pig* repealed by No. 48/2010 s. 15(2).\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 97.1), repealed by No. 1/2024 s. 14(2).\n\nS. 3(1) def. of *property identification code* inserted by No. 48/2010 s. 15(1).\n\n***property identification code*** has the meaning set out in section 9B;\n\n***quarantine area*** means any premises, aircraft, vehicle, vessel, land, road or place ordered to be quarantined under section 110;\n\nS. 3(1) def. of *registered beekeeper* inserted by No. 22/2022 s. 108(1)(a).\n\n***registered beekeeper*** means a person who is registered as a beekeeper under this Act;\n\nS. 3(1) def. of *registered brand* inserted by No. 22/2022 s. 108(1)(a).\n\n***registered brand*** means a brand allotted to a registered beekeeper under section 48(3);\n\nS. 3(1) def. of *residual value* inserted by No. 25/1997 s. 3(b).\n\n***residual value***, in relation to any livestock referred to in Part 5 which is destroyed, means any money received by the Secretary on the sale of the carcase, wool, hide or offal of the livestock;\n\nS. 3(1) def. of *Secretary* amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 9.1), 70/2013 s. 4(Sch. 2 item 26.1), 22/2022 s. 108(1)(b).\n\n***Secretary*** means the Secretary to the Department;\n\nS. 3(1) def. of *sheep* inserted by No. 25/1997 s. 3(c).\n\n***sheep*** means any ewe, hoggett, lamb, ram or wether;\n\nS. 3(1) def. of *vehicle* amended by No. 29/2011 s. 3(Sch. 1 item 53).\n\n***vehicle*** includes any aircraft or vessel;\n\nS. 3(1) def. of *vendor declaration* inserted by No. 48/2010 s. 15(1), substituted by No. 49/2016 s. 3, amended by No. 40/2019 s. 59.\n\n***vendor declaration*** means a declaration under section 8A(1).\n\nS. 3(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 56/2003 s. 11(Sch. item 9.2), 108/2004 s. 117(1) (Sch. 3 item 116.1), 70/2013 s. 4(Sch. 2 item 26.2), repealed by No. 22/2022 s. 108(2).\n\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Objectives","content":"\t4 Objectives\n\nThe objectives of this Act are to—\n\nS. 4(a) amended by No. 57/2003 s. 3(2)(a).\n\n(a) protect public health by preventing, monitoring and controlling diseases transmissible from livestock to humans;\n\nS. 4(b) amended by No. 57/2003 s. 3(2)(a).\n\n(b) to protect domestic and export markets for livestock and livestock products by preventing, monitoring and controlling livestock diseases;\n\nS. 4(c) amended by No. 57/2003 s. 3(2)(b).\n\n(c) to provide for the preventing, monitoring and eradication of exotic livestock diseases;\n\nS. 4(d) amended by No. 57/2003 s. 3(2)(c).\n\n(d) to provide compensation for certain losses caused by livestock diseases;\n\nS. 4(e) inserted by No. 57/2003 s. 3(2)(d).\n\n(e) to facilitate the operation of livestock identification and tracking programs for disease and residue control and market access.\n\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Binding of Crown","content":"\t5 Binding of Crown\n\nThis Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Governor in Council may make Orders","content":"\t6 Governor in Council may make Orders\n\n(1) The Governor in Council may make any Orders that are required for the purposes of this Act.\n\n(2) Without affecting the generality of subsection (1), the Governor in Council may make an Order—\n\n(a) declaring any contagious or infectious disease or any condition to which any livestock is subject to be a disease for the purposes of this Act;\n\n(b) declaring any contagious or infectious disease or condition to which any livestock is subject to be an exotic disease for the purposes of this Act;\n\n(c) declaring the whole or any portion of Victoria to be an area for the control of diseases other than exotic diseases and specifying the requirements which are to operate in the area;\n\n(d) prohibiting or restricting the entry into Victoria of any livestock, livestock product, fodder or fittings either generally or from such places, during such periods and under such circumstances as may appear to the Governor in Council to be necessary or expedient for the purpose of preventing the entry into Victoria of any disease.\n\n(3) An order made under subsection (2)(c) may—\n\n(a) prohibit a person from transporting, selling or handling livestock, livestock products or fittings within or from the declared area; and\n\n(b) impose requirements to be complied with in relation to the testing, transportation, sale or handling of livestock, livestock products or fittings within the declared area.\n\nS. 6(3A) inserted by No. 89/2001 s. 4, amended by No. 48/2010 s. 16(1).\n\n(3A) Without affecting subsection (1) or (2), the Governor in Council may make an Order exempting, or exempting to the extent specified in the Order, any livestock or class or species of livestock (including diseased livestock) or any person or class of person that is specified in the Order from all or any of the provisions of this Act or the regulations.\n\nS. 6(3B) inserted by No. 89/2001 s. 4. amended by No. 48/2010 s. 16(2).\n\n(3B) An Order made under subsection (3A)—\n\n(a) may specify the period during which the Order is to remain in force;\n\n(b) may provide that its operation is unconditional or operates in circumstances or conditions specified in the Order or is subject to any terms and conditions that are specified in the Order.\n\nS. 6(4) amended by No. 35/2009 s. 77.\n\n(4) A person must not contravene any prohibition or restriction of an Order made under subsection (2) or any requirement of an Order which is to operate in the declared area.\n\n(5) The Minister must ensure that an Order is published in the Government Gazette as soon as practicable after it is made.\n\nPart 2—Provisions applying to diseases generally\n\nDivision 1—Responsibilities of owners and others\n\n\t7 Notification of diseases\n\nS. 7(1) amended by No. 1/2024 s. 28.\n\n(1) If a person knows or has reason to suspect that a disease is present in livestock, livestock products or hives—\n\n(a) owned by that person or in the possession, control or charge of that person; or\n\nS. 7(1)(b) amended by No. 35/2009 s. 78.\n\n(b) on land owned or occupied by that person; or\n\nS. 7(1)(c) amended by No. 58/1997 s. 96(Sch. item 6.1).\n\n(c) dealt with by that person as a veterinary practitioner, inspector under the **Meat Industry Act 1993** or the Export Control Act 1982 of the Commonwealth, operator of a meat processing facility licensed under the **Meat Industry Act 1993** where a quality assurance program is in force, the owner or person in charge of premises registered as a diagnostic veterinary laboratory, knacker, stock agent or other person dealing with livestock, livestock products or hives by way of a profession, trade or business—\n\nthe person must notify an inspector in accordance with subsection (2) or (3).\n\n1. 1200 penalty units or 24 months imprisonment or both, in the case of an exotic disease.\n\n120 penalty units, in the case of any other disease.\n\n(2) In the case of an exotic disease, the person must notify an inspector without delay after becoming aware or suspecting that the disease is present by the quickest means of communication available.\n\n(3) In the case of a disease other than an exotic disease, the person must notify an inspector within the prescribed time and in the prescribed manner after becoming aware or suspecting that the disease is present.\n\nS. 7A inserted by No. 48/2010 s. 17.\n\n","sortOrder":9},{"sectionNumber":"7A","sectionType":"section","heading":"Minister may declare unusual circumstances of disease or death in livestock","content":"\t7A Minister may declare unusual circumstances of disease or death in livestock\n\n(1) For the purposes of section 7B, the Minister may by instrument declare unusual circumstances of disease in livestock or unusual circumstances of the death of livestock including circumstances relating to the following—\n\n(a) a class of livestock;\n\n(b) the numbers of affected livestock;\n\nS. 7A(1)(c) amended by No. 60/2012 s. 17.\n\n(c) the clinical signs of affected livestock;\n\n(d) environmental factors;\n\n(e) geographical factors.\n\n(2) A declaration under this section may specify the period during which the declaration is to remain in force, which may be no longer than 3 months after the declaration is made.\n\nS. 7A(3) amended by No. 49/2016 s. 4.\n\n(3) The Minister must ensure that a declaration under this section is published in full in the Government Gazette as soon as is practicable after it is made.\n\nS. 7B inserted by No. 48/2010 s. 17, amended by Nos 69/2011 s. 47(1), 60/2012 s. 18.\n\n","sortOrder":10},{"sectionNumber":"7B","sectionType":"section","heading":"Notification of unusual circumstances of disease or death in livestock","content":"\t7B Notification of unusual circumstances of disease or death in livestock\n\nA person must notify an inspector in the prescribed manner of any unusual circumstances relating to livestock to which a declaration under section 7A applies within 5 days after becoming aware of the unusual circumstances if the livestock is—\n\nS. 7B(a) amended by No. 69/2011 s. 47(2).\n\n(a) owned by that person or in the possession, control or charge of that person; or\n\n(b) on land owned or occupied by that person; or\n\n(c) dealt with by that person as—\n\n(i) a veterinary practitioner, inspector under the **Meat Industry Act 1993** or the Export Control Act 1982 of the Commonwealth;\n\n(ii) an operator of a meat processing facility licensed under the **Meat Industry Act 1993** where a quality assurance program is in force;\n\n(iii) the owner or person in charge of premises registered as a diagnostic veterinary laboratory;\n\n(iv) a knacker, stock agent or other person dealing with livestock by way of a profession, trade or business.\n\nS. 8 (Heading) inserted by No. 40/2019 s. 49.\n\nS. 8  \namended by No. 35/2009 s. 79.\n\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Separation of livestock","content":"\t8 Separation of livestock\n\nA person who owns or is in charge of, or who possesses or has control of, livestock or a livestock product which the person knows or suspects is infected with a disease must keep that livestock or livestock product separate from livestock or livestock products not infected or not suspected to be infected with a disease.\n\n1. 120 penalty units or 12 months imprisonment or both, in the case of an exotic disease.\n\nS. 8A  \ninserted by No. 48/2010 s. 18, substituted by No. 49/2016 s. 5.\n\n","sortOrder":12},{"sectionNumber":"8A","sectionType":"section","heading":"Requirements for vendor declarations when livestock moved","content":"\t8A Requirements for vendor declarations when livestock moved\n\nS. 8A(1) amended by No. 1/2024 s. 29(1).\n\n(1) If livestock are moved from one property to another property and the properties have different property identification codes, the owner of the livestock (the ***first owner***) must make a declaration as to the movement of the livestock before the livestock are moved.\n\n(2) A declaration under subsection (1) must—\n\n(a) be clear and legible; and\n\n(b) be made in a form approved by the Secretary; and\n\n(c) contain the information required by the Secretary including—\n\n(i) the property identification code that identifies the property from which the livestock are to be moved; and\n\n(ii) the date on which the livestock are to be moved; and\n\n(iii) the number of the livestock being moved; and\n\n(iv) the name and signature of the person making the declaration; and\n\n(v) the date the declaration is made; and\n\n(vi) the intended destination of the livestock; and\n\n(vii) any other prescribed particular.\n\nS. 8A(3) amended by No. 1/2024 s. 29(2).\n\n(3) If a person (other than the first owner) takes ownership of the livestock when the livestock are moved, the first owner must give the vendor declaration to that person (the ***new owner***) before or at the time the livestock are delivered to the new owner.\n\nS. 8A(4) amended by No. 1/2024 s. 29(3).\n\n(4) If ownership of the livestock does not change when the livestock are moved, the first owner must keep the vendor declaration for the prescribed period after making the declaration.\n\nS. 8A(5) amended by No. 1/2024 s. 29(4).\n\n(5) A person who transports livestock (a ***transporter***) who is given a vendor declaration relating to the livestock by the owner of the livestock must—\n\n(a) ensure that the vendor declaration accompanies the livestock at all times; and\n\n(b) give the vendor declaration to the person taking possession of the livestock when the transporter delivers the livestock.\n\nS. 8A(6) amended by No. 1/2024 s. 29(5).\n\n(6) A livestock agent, who is given a vendor declaration relating to livestock by the first owner of the livestock, must give to the new owner of the livestock within the prescribed period after receiving the vendor declaration—\n\n(a) the vendor declaration; or\n\nS. 8A(6)(b) substituted by No. 40/2019 s. 50(1).\n\n(b) a livestock agent declaration.\n\nS. 8A(7) substituted by No. 40/2019 s. 50(2), amended by No. 1/2024 s. 29(6).\n\n(7) An owner of livestock or a livestock agent who gives a vendor declaration or a livestock agent declaration under this section to a new owner of livestock must keep a copy of that declaration for the prescribed period after giving the declaration to the new owner.\n\nS. 8A(8) substituted by No. 40/2019 s. 50(2), amended by No. 1/2024 s. 29(7).\n\n(8) A person who is given a vendor declaration or a livestock agent declaration under this section must keep the declaration for the prescribed period after receiving the declaration.\n\n(9) In this section—\n\nS. 8A(9) def. of *livestock* amended by No. 40/2019 s. 50(3)(a).\n\n***livestock*** means prescribed livestock or livestock of a prescribed species or class;\n\nS. 8A(9) def. of *livestock agent declaration* inserted by No. 40/2019 s. 50(3)(b).\n\n***livestock agent declaration*** means a document, relating to the movement of the livestock, that is prescribed for the purposes of this section containing the prescribed particulars.\n\nS. 9 amended by Nos 89/2001 s. 5, 35/2009 s. 80, 48/2010 s. 19, substituted by No. 22/2022 s. 109.\n\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Identification of livestock","content":"\t9 Identification of livestock\n\nS. 9(1) amended by No. 1/2024 s. 30(1).\n\n(1) A person must not dispatch cattle or livestock—\n\n(a) for sale at saleyards; or\n\n(b) for slaughter at an abattoir; or\n\n(c) for disposal at a knackery—\n\nunless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.\n\nS. 9(2) amended by No. 1/2024 s. 30(2).\n\n(2) A person must not, by auction or otherwise, sell cattle or livestock unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.\n\nS. 9(3) amended by No. 1/2024 s. 30(3).\n\n(3) A person must not transport cattle or livestock—\n\n(a) for sale at saleyards; or\n\n(b) for slaughter at an abattoir; or\n\n(c) for disposal at a knackery—\n\nunless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.\n\nS. 9(4) amended by No. 1/2024 s. 30(4).\n\n(4) A person must not slaughter or dispose of cattle or livestock at premises licensed under the **Meat Industry Act 1993** unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.\n\nS. 9(5) amended by No. 1/2024 s. 30(5).\n\n(5) A person must not process the carcase of cattle or livestock at premises licensed under the **Meat Industry Act 1993** unless the carcase is branded, tagged or identified in accordance with section 9A and in the prescribed manner.\n\nS. 9(6) amended by No. 1/2024 s. 30(6).\n\n(6) A person must not move cattle or livestock, or the carcase of cattle or livestock, from one property to another property that has a different property identification code allocated to it, or has no property identification code allocated to it, unless the cattle, livestock or carcase is branded, tagged or identified in accordance with section 9A and in the prescribed manner.\n\n***livestock*** means prescribed livestock or livestock of a prescribed species or class.\n\nS. 9A  \ninserted by No. 73/1996 s. 32, substituted by No. 89/2001 s. 6.\n\n","sortOrder":14},{"sectionNumber":"9A","sectionType":"section","heading":"Permanent identification of livestock","content":"\t9A Permanent identification of livestock\n\nS. 9A(1) amended by Nos 35/2009 s. 80, 1/2024 s. 31(1).\n\n(1) The owner of any cattle or prescribed livestock or livestock of a prescribed species or class must ensure that the cattle or livestock is permanently tagged, marked, branded or identified—\n\nS. 9A(1)(a) amended by No. 22/2022 s. 110.\n\n(a) in the circumstances set out in section 9(1), (2), (3), (4), (5) or (6); or\n\n(b) in any other prescribed circumstances—\n\nin the manner specified by the Secretary with a tag, mark, brand or other device that—\n\n(c) is approved by the Secretary; and\n\nS. 9A(1)(d) substituted by No. 48/2010 s. 20(1).\n\n(d) has a property identification code allocated by the Secretary under section 9B; and\n\n(e) has a number identifying the individual cattle or livestock; and\n\n(f) is manufactured or sold by a person who is authorised to do so under section 9C.\n\nS. 9A(2) amended by Nos 35/2009 s. 80, 1/2024 s. 31(2).\n\n(2) If any cattle or prescribed livestock or livestock of a prescribed species or class has been tagged, marked, branded or identified in accordance with subsection (1), a person must not remove that tag, mark, brand or identification device from the cattle or livestock or deface, obliterate or alter the tag, mark, brand or identification device except—\n\n(a) in accordance with a direction of an inspector; or\n\n(b) if the tag is removed from the cattle or livestock, or the mark, brand or identification is defaced, obliterated or altered, by a person working at an abattoir or knackery where the cattle or livestock is being slaughtered or disposed of; or\n\n(c) in accordance with the regulations.\n\nS. 9A(3) amended by No. 48/2010 s. 20(2).\n\n(3) Without limiting subsection (1), the Secretary may require cattle or livestock or any species or class of livestock to be tagged, marked, branded or identified with a device that contains an electronic microchip that incorporates the property identification code allocated by the Secretary under section 9B and the number that identifies the individual cattle or livestock.\n\n(4) The Secretary must ensure that a notice is published in the Government Gazette and in a newspaper circulating generally throughout Victoria specifying any requirements of the Secretary for the purposes of this section.\n\nS. 9AB inserted by No. 1/2024 s. 13.\n\n\t9AB Possession of cattle or livestock if permanent identification has been removed or replaced\n\n(1) A person must not be in possession or control of cattle or livestock that has been tagged, marked, branded or identified in accordance with section 9A(1) if the tag, mark, brand or identification device has been removed.\n\n(2) A person does not commit an offence against subsection (1) if—\n\n(a) the tag, mark, brand or identification device has been removed in accordance with this Act or the regulations; or\n\n(b) the person has a reasonable excuse for being in possession or control of the cattle or livestock.\n\n(3) A person must not be in possession or control of cattle or livestock that has been tagged, marked, branded or identified in accordance with section 9A(1) if the tag, mark, brand or identification device has been replaced with a different tag, mark, brand or identification device.\n\n(4) A person does not commit an offence against subsection (3) if—\n\n(a) the tag, mark, brand or identification device has been removed and replaced in accordance with this Act or the regulations; or\n\n(b) the person has a reasonable excuse for being in possession or control of the cattle or livestock.\n\n***livestock*** means prescribed livestock or livestock of a prescribed species or class.\n\nS. 9B  \ninserted by No. 73/1996 s. 32, amended by Nos 89/2001 s. 7, 35/2009 s. 80, substituted by No. 48/2010 s. 21.\n\n\t9B Property identification codes\n\nS. 9B(1) amended by No. 1/2024 s. 32(1).\n\n(1) A person who owns any cattle or prescribed livestock or any livestock of a prescribed species or class must apply to the Secretary for the allocation of a code that identifies the property at which the cattle or livestock is to be kept.\n\nS. 9B(2) amended by No. 1/2024 s. 32(2).\n\n(2) A person who carries on a livestock business must apply to the Secretary for the allocation of a code that identifies the place at which the person carries on that business.\n\n(3) An application under this section must—\n\n(a) be made in the prescribed manner; and\n\n(b) contain the prescribed information; and\n\n(c) be accompanied by the fee (if any) fixed by the Minister.\n\n(4) The Secretary must allocate, to a person who has applied in accordance with this section, a code identifying—\n\n(a) the property at which cattle or prescribed livestock or any livestock of a prescribed species or class are kept; or\n\n(b) the place at which a livestock business is carried out.\n\n(5) A code allocated under subsection (4) (a ***property identification code***) remains in force for any period that is specified by the Secretary with respect to the property identification code unless earlier cancelled by the Secretary.\n\nS. 9B(6) amended by No. 1/2024 s. 32(3).\n\n(6) A person who has been allocated with a property identification code under this section must advise the Secretary in writing of any change in the information given in the application for the code within 28 days after the change.\n\n1. 20 penalty units.\n\n***code*** includes any configuration of numbers or letters or a combination of both numbers and letters;\n\n***livestock business*** means any of the following businesses—\n\n(a) operating a saleyard;\n\n(b) operating as a scale operator;\n\n(c) operating a knackery;\n\n(d) operating an abattoir;\n\n(e) any other prescribed class of business.\n\nS. 9BA inserted by No. 48/2010 s. 21.\n\n\t9BA Cancellation of property identification code\n\n(1) The Secretary may cancel a property identification code allocated under section 9B in any of the following circumstances—\n\n(a) if a livestock business has ceased trading at a place in respect of which a property identification code was allocated;\n\n(b) if there are no longer any livestock being kept at a property in respect of which a property identification code was allocated;\n\n(c) if more than one property identification code has been allocated in respect of the same property and it is no longer appropriate that there be more than one property identification code allocated in respect of the property;\n\n(d) if it is necessary to change the configuration of the numbers and letters in the property identification code.\n\n(2) If a property identification code is cancelled under this section, the Secretary must give a written notice by post to the person who applied for the property identification code at the last known address of the person, which states—\n\n(a) that the property identification code has been cancelled; and\n\n(b) the reason for the cancellation; and\n\n(c) except in the case of a cancellation under subsection (1)(d), that the person may apply to the Secretary for a review of the decision to cancel the property identification code in accordance with the requirements set out in section 9BB(2).\n\n(3) A cancellation of a property identification code under this section takes effect from the earlier of—\n\n(a) the end of the period within which a person may apply for a review of the decision under section 9BB; or\n\n(b) the day the decision is affirmed by the Secretary under section 9BB.\n\nS. 9BB inserted by No. 48/2010 s. 21.\n\n\t9BB Review of cancellation of property identification code\n\n(1) If a decision is made under section 9BA(1)(a), (1)(b) or (1)(c) to cancel a property identification code, the person who applied for that property identification code may apply to the Secretary for a review of the decision.\n\n(2) An application must—\n\n(a) be in writing and include the reasons as to why the property identification code should not be cancelled; and\n\n(b) be made within 28 days after the person receives written notice of the cancellation under section 9BA(2).\n\n(3) The Secretary must take into account the reasons included in the application when reviewing a decision under this section.\n\n(4) The Secretary must determine whether to affirm or set aside a decision to cancel a property identification code within 28 days after receiving an application under this section.\n\n(5) The Secretary must, without delay, give an applicant under this section written notice of any determination made under this section.\n\n(6) If the decision to cancel a property identification code under section 9BA was made by a person on behalf of the Secretary, any review of that decision under this section must not be made by that person.\n\nS. 9BC inserted by No. 48/2010 s. 21, amended by No. 1/2024 s. 33.\n\n\t9BC Offence to use property identification code no longer in force\n\nA person must not use a property identification code that is no longer in force—\n\n(a) in relation to the identification of cattle or prescribed livestock or livestock of a prescribed species or class; or\n\n(b) in connection with the carrying on of a livestock business (within the meaning of section 9B).\n\n1. 20 penalty units.\n\nS. 9C  \ninserted by No. 83/1998 s. 4, amended by No. 89/2001 s. 8(2) (ILA s. 39B(1)).\n\n","sortOrder":15},{"sectionNumber":"9C","sectionType":"section","heading":"Requirements for manufacturers of tags and devices","content":"\t9C Requirements for manufacturers of tags and devices\n\nS. 9C(1) amended by Nos 89/2001 s. 8(1)(a)(b), 35/2009 s. 80, 48/2010 s. 22, 1/2024 s. 34(1).\n\n(1) A person must not make or sell or offer or expose for sale a tag or a marking, branding or identification device intended for identifying livestock for the purposes of section 9 or 9A or that is held out as being suitable for those purposes or that contains a property identification code allocated by the Secretary under section 9B unless the person is authorised for the time being in writing by the Secretary to do so.\n\nS. 9C(2) inserted by No. 89/2001 s. 8(2), amended by Nos 35/2009 s. 80, 1/2024 s. 34(2).\n\n(2) If a tag, mark, brand or other device intended for identifying livestock for the purposes of section 9 or 9A has been used to tag, mark or brand or otherwise identify individual livestock, a person must not use that tag, mark, brand or other device to identify other livestock unless the person is authorised for the time being in writing by the Secretary to do so.\n\nS. 9C(3) inserted by No. 89/2001 s. 8(2).\n\n(3) Subsection (2) does not apply to a tag, mark, brand or a device that does not identify the individual livestock.\n\n","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Entry of livestock etc.","content":"\t10 Entry of livestock etc.\n\nS. 10(1) amended by No. 73/1996 s. 33, substituted by No. 89/2001 s. 9(1), amended by No. 1/2024 s. 35.\n\n(1) A person must not bring or cause or permit or allow to be brought into Victoria any diseased livestock or diseased livestock product except in accordance with the prior authority of the Secretary or a licence issued by the Secretary.\n\n1. 600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.\n\n60 penalty units in the case of any other disease.\n\n(2) A person must not bring or cause or permit or allow to be brought into Victoria any livestock, livestock product, fodder or fittings—\n\nS. 10(2)(a) amended by No. 48/2010 s. 23.\n\n(a) contrary to any order or any requirement prescribed in the regulations (if any) relating to the introduction of livestock, livestock products, fodder or fittings into Victoria; and\n\n(b) without the livestock, livestock product, fodder or fittings being inspected and certified in the manner prescribed.\n\n(3) A person must not, in Victoria, abandon, allow to stray, drive or cause to be driven any livestock, or move or cause to be moved any livestock products, fodder or fittings, introduced into Victoria—\n\n(a) contrary to any order or any regulation about the introduction of livestock, livestock products, fodder or fittings into Victoria; and\n\n(b) without the livestock, livestock product, fodder or fittings being inspected and certified in the manner prescribed.\n\nS. 10(4) inserted by No. 89/2001 s. 9(2).\n\n(4) The Secretary may—\n\n(a) in writing authorise the bringing into Victoria of any diseased livestock or diseased livestock product that is specified in the authorisation;\n\n(b) issue a licence authorising the bringing into Victoria of diseased livestock or diseased livestock products or a class of diseased livestock or diseased livestock product for the period specified in the licence not exceeding 3 years and may impose any conditions on the licence.\n\nS. 11 amended by No. 40/2019 s. 51(2) (ILA s. 39B(1)).\n\n","sortOrder":17},{"sectionNumber":"11","sectionType":"section","heading":"Quarantine areas","content":"\t11 Quarantine areas\n\nS. 11(1) amended by Nos 48/2010 s. 24, 40/2019 s. 51(1), substituted by No. 1/2024 s. 21(1).\n\n(1) A person must not abandon livestock in or allow livestock to stray in or out of a quarantine area.\n\nS. 11(1A) inserted by No. 1/2024 s. 21(1).\n\n(1A) A person must not, without the written authority of an inspector, drive or cause to be driven any livestock into, through or out of a quarantine area.\n\nS. 11(1B) inserted by No. 1/2024 s. 21(1).\n\n(1B) A person must not, without the written authority of an inspector, remove from, or move into, a quarantine area any livestock product, fodder or fittings or any soil, sand or any other material.\n\nS. 11(1C) inserted by No. 1/2024 s. 21(1).\n\n(1C) A person must not, without the written authority of an inspector, move a vehicle into or from a quarantine area, whether or not the vehicle contains livestock.\n\nS. 11(2) inserted by No. 40/2019 s. 51(2), amended by No. 1/2024 s. 21(2).\n\n(2) An inspector may make a written authority under subsection (1A), (1B) or (1C) subject to any condition that the inspector considers is reasonably necessary to prevent the spread of disease.\n\n","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Offences","content":"\t12 Offences\n\nS. 12(1) amended by No. 40/2019 s. 52(1), substituted by No. 1/2024 s. 36(1).\n\n(1) A person must not expose any diseased livestock in a market or other public place where livestock are exposed for sale.\n\nS. 12(1A) inserted by No. 1/2024 s. 36(1).\n\n(1A) A person must not expose any diseased livestock in any saleyard whether public or private.\n\nS. 12(1B) inserted by No. 1/2024 s. 36(1).\n\n(1B) A person must not place any diseased livestock in any lair or place adjacent to or connected with any place where livestock are commonly placed before exposure for sale.\n\nS. 12(1C) inserted by No. 1/2024 s. 36(1).\n\n(1C) A person must not send for carriage or cause to be carried on any vehicle or vessel any diseased livestock.\n\nS. 12(1D) inserted by No. 1/2024 s. 36(1).\n\n(1D) A person must not carry, lead or drive or cause to be carried, led or driven any diseased livestock on or by the side of any highway or thoroughfare.\n\nS. 12(1E) inserted by No. 1/2024 s. 36(1).\n\n(1E) A person must not keep or cause to be kept any diseased stock—\n\n(a) on any common; or\n\n(b) on the side of a highway or thoroughfare.\n\nS. 12(1F) inserted by No. 1/2024 s. 36(1).\n\n(1F) A person must not keep or cause to keep any diseased livestock on any unenclosed land or in any field or other place which is insufficiently fenced unless the livestock is constantly followed and kept in sight.\n\nS. 12(2) amended by No. 1/2024 s. 36(2).\n\n(2) If diseased livestock are found either travelling or in any public place or saleyard or on any land or other place on which livestock are offered for sale, the owner of the livestock is guilty of an offence and liable to a penalty in the case of an exotic disease not exceeding 600 penalty units or 12 months imprisonment or both, or in the case of any other disease, not exceeding 60 penalty units.\n\nS. 12(3) substituted by No. 40/2019 s. 52(2), amended by No. 1/2024 s. 36(3).\n\n(3) The Secretary may exempt any person or class of person or any class of diseased livestock from all or any of the provisions of subsection (1), (1A), (1B), (1C), (1D), (1E), (1F) or (2).\n\nS. 12(3A) inserted by No. 40/2019 s. 52(2).\n\n(3A) An exemption—\n\n(a) may apply in relation to the whole or any part of Victoria; and\n\n(b) must state which parts of Victoria it applies to.\n\n(4) An exemption must be in writing and may be granted on conditions.\n\nS. 12(4A) inserted by No. 40/2019 s. 52(3).\n\n(4A) An exemption that relates to a class of person or a class of diseased livestock must be published in full in the Government Gazette as soon as is practicable after it is granted.\n\nS. 12(5) amended by No. 1/2024 s. 36(4).\n\n(5) A person who is granted an exemption must comply with the conditions (if any) of the exemption.\n\n1. 600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.\n\n","sortOrder":19},{"sectionNumber":"Div 2","sectionType":"division","heading":"Controls over livestock","content":"Division 2—Controls over livestock\n\nS. 13 (Heading) inserted by No. 40/2019 s. 53(1).\n\n","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Separation or isolation of livestock","content":"\t13 Separation or isolation of livestock\n\nS. 13(1) amended by No. 40/2019 s. 53(2)(a).\n\n(1) An inspector may, in writing, order the owner of—\n\n(a) livestock suffering from or suspected of suffering from disease; or\n\n(b) livestock which the inspector believes to have been in contact with diseased livestock—\n\nto ensure that the livestock are kept separate or in isolation from other livestock until the livestock have received proper treatment or been found by an inspector not to be suffering from disease.\n\nS. 13(2) amended by No. 40/2019 s. 53(2)(b).\n\n(2) An inspector may, in writing, order the person in charge or having the custody or control of livestock referred to in subsection (1) to ensure that the livestock are kept separate or in isolation from other livestock for so long as they are in the person's charge, custody or control.\n\nS. 13(3) amended by No. 35/2009 s. 81.\n\n(3) A person must not fail or refuse to comply with an order under this section.\n\n","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Destruction or disposal of livestock","content":"\t14 Destruction or disposal of livestock\n\n(1) If any livestock, livestock product, fodder or fittings is introduced into—\n\n(a) Victoria; or\n\nS. 14(1)(b) amended by No. 73/1996 s. 48(a).\n\n(b) a quarantine area; or\n\n(c) an area declared under section 6(2)—\n\ncontrary to any provision of this Act or an order or regulation made under this Act, the livestock, the livestock product, fodder or fittings may be destroyed or otherwise disposed of as directed by instrument by the Minister.\n\n(2) The Minister must cause a copy of a direction under subsection (1) to be given to the owner or person apparently in charge of the livestock, livestock product, fodder or fittings before the direction is carried out unless—\n\n(a) the owner or person apparently in charge of the livestock, livestock product, fodder or fittings cannot be found after reasonable search or inquiry; and\n\n(b) the Minister considers that, in the circumstances, the direction must be carried out without prior notice to the owner or person apparently in charge.\n\n(3) If destruction or disposal is directed by the Minister under subsection (1), the owner of the livestock, livestock product, fodder or fittings destroyed or disposed of is not entitled to compensation except compensation expressly provided for in Part 5.\n\n(4) A direction of the Minister under this section is deemed to be a direction of an inspector for the purposes of Part 5.\n\n","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Destruction or disposal of diseased livestock","content":"\t15 Destruction or disposal of diseased livestock\n\nS. 15(1) amended by No. 73/1996 s. 34(1).\n\n(1) If an inspector knows or reasonably suspects that—\n\n(a) any livestock or livestock product is diseased or infected with a disease; or\n\nS. 15(1)(b) substituted by No. 7/2007 s. 4(1).\n\n(b) any livestock, livestock product, fodder, fitting or any other article has been in contact with diseased livestock or a diseased livestock product—\n\nthe inspector may—\n\nS. 15(1)(c) amended by No. 7/2007 s. 4(2).\n\n(c) dispose of, or order to be disposed of, the livestock, livestock product, fodder, fitting or article; or\n\nS. 15(1)(d) amended by No. 7/2007 s. 4(2).\n\n(d) destroy, or order to be destroyed, the livestock, livestock product, fodder, fitting or article.\n\nS. 15(2) amended by Nos 73/1996 s. 34(2), 7/2007 s. 4(2).\n\n(2) The inspector must notify the owner or person apparently in charge of the livestock, livestock product, fodder, fitting or article of the inspector's intention to destroy or dispose of the livestock, livestock product, fodder, fitting or article.\n\nS. 15(3) substituted by No. 7/2007 s. 4(3).\n\n(3) If an inspector knows or reasonably suspects that livestock or a livestock product is infected with a disease or that any livestock, livestock product, fodder, fitting or any other article has been in contact with diseased livestock or a diseased livestock product and the owner of the livestock, livestock product, fodder, fitting or article cannot be located after reasonable inquiry and there is no person apparently in charge of the livestock, livestock product, fodder, fitting or article, the inspector may, with the approval of the Secretary, destroy or otherwise dispose of the livestock, livestock product, fodder, fitting or article.\n\n","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Testing for diseases","content":"\t16 Testing for diseases\n\nS. 16(1) substituted by No. 48/2010 s. 25(1).\n\n(1) A person must not test, analyse or undertake any diagnostic examination of any sample or specimen taken from any livestock or livestock product for the purpose of determining whether it is infected with any disease unless—\n\n(a) the test, analysis or examination is conducted at premises which have been registered by the Secretary as a veterinary diagnostic laboratory for the testing, analysis or examination of samples or specimens for that disease; or\n\n(b) the person is a person or of a class of person approved by the Secretary in a written determination under section 16A(1) and conducts the test, analysis or examination by way of a method approved by the Secretary in that determination for that class of test, analysis or examination and in accordance with any conditions of that determination.\n\nS. 16(2) amended by No. 35/2009 s. 82.\n\n(2) A person must not submit any sample or specimen taken from any livestock or livestock product to another person for the purpose of having that other person test, analyse or undertake any diagnostic examination of the sample or specimen to determine whether it is infected with any disease unless the first-mentioned person reasonably believes that the other person will undertake the test, analysis or examination at premises registered as a veterinary diagnostic laboratory under subsection (1).\n\nS. 16(2A) inserted by No. 48/2010 s. 25(2), amended by No. 40/2019 s. 54(1).\n\n(2A) A person who submits any sample or specimen taken from any livestock or livestock product to a person at premises registered as a veterinary diagnostic laboratory under subsection (1) for the purposes of having the sample or specimen tested, analysed or diagnostically examined to determine whether it is infected with any disease must ensure that the following information accompanies the sample or specimen—\n\n(a) the date of submission of the sample or specimen;\n\n(b) the name and address of the owner of the livestock or livestock product;\n\n(c) the name and address of the person submitting the sample or specimen;\n\n(d) the property identification code identifying the property at which the livestock is kept;\n\n(e) the species of livestock;\n\n(f) any other prescribed information.\n\nPenalty: 30 penalty units.\n\nS. 16(2B) inserted by No. 48/2010 s. 25(2), amended by No. 40/2019 s. 54(2).\n\n(2B) A person who has submitted any sample or specimen taken from any livestock or livestock product to another person outside Victoria for the purpose of having that other person test, analyse or undertake any diagnostic examination of the sample or specimen to determine whether it is infected with any disease must, if the results of the testing, analysis or diagnostic examination include a determination that the livestock or livestock product is infected with disease, notify the Secretary in writing of the following within 7 days after receiving the results—\n\n(a) the date of submission of the sample or specimen;\n\n(b) the name and address of the owner of the livestock or livestock product;\n\n(c) the name and address of the person who submitted the sample or specimen;\n\n(d) the property identification code identifying the property at which the livestock is kept;\n\n(e) the species of livestock;\n\n(f) any other prescribed information.\n\nPenalty: 30 penalty units.\n\n(3) The owner or person in charge of premises registered as a veterinary diagnostic laboratory must ensure that—\n\n(a) any test, analysis or diagnostic examination of any sample or specimen referred to in subsection (1) is carried out in accordance with any prescribed standards; and\n\n(b) the prescribed records are kept and submitted to the Secretary in the prescribed time and manner.\n\nS. 16(4) inserted by No. 73/1996 s. 35.\n\n(4) The owner or person in charge of premises registered as a veterinary diagnostic laboratory must ensure that the facilities and operational practices of the laboratory comply with any prescribed standards of accreditation for veterinary diagnostic laboratories.\n\nS. 16(4A) inserted by No. 48/2010 s. 25(3).\n\n(4A) Subsection (4) does not apply to a veterinary diagnostic laboratory declared in a determination under section 16A(3) to be a small veterinary diagnostic laboratory.\n\nS. 16(5) inserted by No. 73/1996 s. 35, amended by No. 35/2009 s. 82(2).\n\n(5) The owner or person in charge of premises registered as a veterinary diagnostic laboratory must comply with any direction of the Secretary to take part in any program to test the proficiency of the facilities and operational practices used in the laboratory or to do so jointly or collaboratively with any other veterinary diagnostic laboratory.\n\nS. 16A inserted by No. 48/2010 s. 26.\n\n","sortOrder":24},{"sectionNumber":"16A","sectionType":"section","heading":"Secretary may make determinations relating to testing for diseases","content":"\t16A Secretary may make determinations relating to testing for diseases\n\n(1) The Secretary, for the purposes of section 16(1)(b), may by written determination—\n\n(a) approve a person or class of person who may test, analyse or undertake a diagnostic examination of any sample or specimen taken from any livestock or livestock product for the purpose of determining whether it is infected with any disease by way of a method approved under paragraph (b); and\n\n(b) approve a method for conducting a class of test, analysis or undertaking of a diagnostic examination referred to in paragraph (a).\n\n(2) In approving a person or class of person under subsection (1)(a), the Secretary must have regard to the qualifications or work experience of the person or class of person.\n\n(3) The Secretary, for the purposes of section 16(4A), may by written determination declare a veterinary diagnostic laboratory to be a small veterinary diagnostic laboratory having regard to the following criteria—\n\n(a) the number of samples or specimens taken from livestock or livestock products tested, analysed or diagnostically examined by the laboratory annually;\n\n(b) the types of tests, analysis or diagnostic examinations performed at the laboratory;\n\n(c) the qualifications of veterinary pathologists employed at the laboratory to carry out tests, analysis or diagnostic examinations performed at the laboratory;\n\n(d) any quality assurance programs established at the laboratory;\n\n(e) the demonstrated mechanisms relating to notification of diseases in livestock or livestock products used at the laboratory.\n\n(4) A determination under this section—\n\n(a) may be unconditional or subject to any condition specified in the order; and\n\n(b) must be published by notice in the Government Gazette as soon as is practicable after it is granted.\n\n","sortOrder":25},{"sectionNumber":"Div 3","sectionType":"division","heading":"Agreements and contracts","content":"Division 3—Agreements and contracts\n\n","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Agreements with owners of livestock","content":"\t17 Agreements with owners of livestock\n\n(1) The Secretary may enter into a written agreement with an owner of livestock which requires that owner to do anything which an inspector has power to direct the owner to do under this Act.\n\n(2) An owner of livestock is not liable to be prosecuted for an offence against this Act in respect of any matter provided for in an agreement under subsection (1) if the owner is acting in accordance with the agreement.\n\n(3) An agreement may be amended by further agreement between the Secretary and the owner.\n\n(4) An agreement may be revoked by the Secretary or the owner by giving notice in writing to the other party to the agreement.\n\n(5) If the Secretary revokes an agreement, the owner may appeal to the Minister to review that revocation.\n\n","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Contracts with veterinary practitioners","content":"\t18 Contracts with veterinary practitioners\n\nS. 18(1) amended by Nos 58/1997 s. 96(Sch. item 6.2), 74/2000 s. 3(Sch. 1 item 73.2).\n\n(1) The Secretary may enter into a contract with a veterinary practitioner registered under the **Veterinary Practice Act 1997** who is not an inspector to subject livestock to any examination, biological test, vaccination, inoculation or treatment that is specified in the contract.\n\nS. 18(2) amended by No. 74/2000 s. 3(Sch. 1 item 73.2).\n\n(2) The veterinary practitioner is entitled to any fee set out in the contract.\n\nS. 18(3) amended by No. 1/2024 s. 59(1).\n\n(3) The Secretary may terminate a contract after giving the notice provided in the contract or, if no notice is provided, after giving 2 weeks' notice.\n\nPart 3—Exotic diseases\n\nDivision 1—Preliminary\n\n\t19 Application of this Part to land\n\n(1) Any provision of this Act that is exercised in relation to an exotic disease, to the extent that it confers any function or power that may be exercised in relation to land, applies to all land, whatever its status.\n\n(2) Without limiting subsection (1), any provision of this Act that is exercised in relation to an exotic disease applies to land, premises, areas and places—\n\n(a) that are the property of the Crown, or that are dedicated or reserved for any purpose, or protected or otherwise dealt with under any other Act; or\n\n(b) the care, control or supervision of which is vested in any statutory authority or other person.\n\n(3) It is not necessary, in order for any land, premises, area or place to be declared to be an infected place, restricted area or control area under this Part or for the validity of any order or the exercise of any power to enter premises or of any other power conferred by this Act and exercised in relation to an exotic disease, to obtain the consent of any person or body or to meet any requirements other than the requirements of this Act.\n\n(4) If land is owned, jointly or as tenants in common or otherwise, by 2 or more persons an order, notice or other document relating to an exotic disease which is under this Act served on one of them as owner of the land is deemed to have been served on them all.\n\n","sortOrder":28},{"sectionNumber":"20","sectionType":"section","heading":"Application of this Part to livestock","content":"\t20 Application of this Part to livestock\n\n(1) Any provision of this Act that is exercised in relation to an exotic disease, to the extent that it confers any function or power that may be exercised in relation to livestock, applies to all livestock, whatever their status and whether or not the property of the Crown or any other person.\n\n(2) Without limiting subsection (1), any provision of this Act that is exercised in relation to an exotic disease applies to livestock—\n\n(a) that are protected or otherwise dealt with under any Act; or\n\n(b) the care, control, management or supervision of which is vested by any Act in the Crown or any statutory authority or other person.\n\n(3) It is not necessary for the validity of any order under this Part for the destruction, confinement or other control or treatment of, or otherwise affecting, any livestock, or for the exercise of any other power conferred by this Act in relation to exotic diseases of livestock, to obtain the consent of any person or body or to meet any requirements other than the requirements of this Act.\n\n(4) Nothing in this Part authorises wanton cruelty to any livestock.\n\nDivision 2—Declared areas\n\n","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Declaration of infected place","content":"\t21 Declaration of infected place\n\nIf the Secretary reasonably suspects any land premises, place or area within Victoria to be infected with an exotic disease, the Secretary may, by order in writing declare it to be an infected place.\n\n","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Declaration of infected vehicle","content":"\t22 Declaration of infected vehicle\n\nIf the Secretary reasonably suspects any vehicle to be infected with an exotic disease, the Secretary may, by order in writing declare it to be an infected vehicle.\n\nS. 23 substituted by No. 49/2016 s. 6.\n\n","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Notice of order declaring area or vehicle infected","content":"\t23 Notice of order declaring area or vehicle infected\n\n(1) The Secretary must ensure that each infected place order and infected vehicle order—\n\n(a) is published in full in the Government Gazette; and\n\nS. 23(1)(b) substituted by No. 1/2024 s. 22.\n\n(b) if the infected place order relates to an area, notice of the order is published on—\n\n(2) The Secretary must ensure that written notice of—\n\n(a) an infected place order is given to the owner or person in charge or in apparent control of the land, premises, place or area to which the notice relates; and\n\n(b) an infected vehicle order is given to the owner or person in charge or in apparent control of the vehicle to which the order relates.\n\n***infected place order*** means an order under section 21;\n\n***infected vehicle order*** means an order under section 22.\n\n","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Permit for entry or exit","content":"\t24 Permit for entry or exit\n\nS. 24(1) amended by No. 1/2024 s. 37.\n\n(a) enter or leave any land, premises, place or area declared to be an infected place or a vehicle declared to be an infected vehicle; or\n\n(b) cause, permit or assist any other person to enter or leave any such land, premises, place, area or vehicle; or\n\n(c) bring, move, take or allow any person to bring move or take any livestock, livestock product, fodder or fitting into, within or out of any such land, premises, place area or vehicle; or\n\n(d) cause, permit or assist any vehicle to enter or leave any land, premises, place or area declared to be an infected place—\n\nunless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in a permit.\n\n(3) Without limiting subsection (2), an inspector may issue a permit subject to the condition that the holder of the permit, or the livestock, livestock product, fodder, fitting or vehicle to which the permit relates—\n\n(a) must first be effectively disinfected to the satisfaction of the inspector and in a manner specified by the inspector before leaving or being taken out of the infected place or infected vehicle; and\n\n(b) must not go or be brought to any other land, premises or place where any specified livestock, livestock product, fodder or fittings are located.\n\n(4) An inspector may revoke or vary a permit at any time by notice in writing to the holder.\n\n(5) If a permit given under this section is revoked the holder must, upon request by an inspector immediately deliver the revoked permit to the inspector.\n\n","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Entry and exit points","content":"\t25 Entry and exit points\n\n(1) Any movement of a vehicle into or out of an infected place, and any movement of persons, livestock, livestock products, fodder or fittings into or out of an infected place or infected vehicle must be made only through a point or points specified in a notice issued by an inspector to the person in charge or in apparent control of the place or vehicle.\n\nS. 25(2) substituted by No. 35/2009 s. 83(1).\n\n(2) The inspector must cause—\n\nS. 25(2)(a) substituted by No. 1/2024 s. 23.\n\n(a) the notice to be published on—\n\n(ii) an Internet site maintained by the Department; and\n\n(b) a legible copy of the notice to be displayed at the points specified in the notice in such a manner that it can easily be read.\n\nS. 25(3) amended by No. 1/2024 s. 38(1).\n\n(3) A person who knows or has reason to believe any land, premises, place or area to be an infected place or that a vehicle is an infected vehicle must not go or move any other person, livestock, livestock product, fodder, fitting or vehicle in or out of it except in accordance with a notice issued under subsection (1).\n\nS. 25(4) inserted by No. 35/2009 s. 83(2), amended by No. 1/2024 s. 38(2).\n\n(4) A person who goes, or moves any other person, livestock, livestock product, fodder, fitting or vehicle, in or out of any land, premises, place or area that is an infected place or in or out of a vehicle that is an infected vehicle, where that person is not liable for an offence under subsection (3) in respect of doing so, is guilty of an offence and liable to a penalty not exceeding 120 penalty units.\n\nS. 25(5) inserted by No. 35/2009 s. 83(2).\n\n(5) Subsection (4) does not apply if the person is acting in accordance with a notice issued under subsection (1).\n\n","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Declaration of restricted area","content":"\t26 Declaration of restricted area\n\nS. 26(1) amended by No. 1/2024 s. 24(1).\n\n(1) If the Minister believes or suspects that there is a possibility that an exotic disease is present on or in or may be introduced into any land, premises, place or area (including the whole of Victoria), the Minister may by order—\n\n(a) declare the land, premises, place or area to be a restricted area; and\n\n(b) specify any prohibitions, restrictions and requirements which are to operate in the restricted area.\n\n(2) The order must identify the classes or descriptions of livestock or livestock products, fodder, fittings or vehicles that are affected by it.\n\nS. 26(3) substituted by No. 49/2016 s. 7.\n\n(3) The Minister must ensure that in relation to an order under subsection (1)—\n\n(a) the order is published in full in the Government Gazette; and\n\nS. 26(3)(b) substituted by No. 1/2024 s. 24(2).\n\n(b) notice of the order is published on—\n\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Permits for activity in restricted area","content":"\t27 Permits for activity in restricted area\n\nS. 27(1) amended by No. 1/2024 s. 39(1).\n\n(1) A person who knows, or has reason to believe, that any land, premises, place or area has been declared to be a restricted area must not—\n\n(a) cause or permit the movement of any livestock, livestock product, fodder, fittings or vehicle to which the declaration of the restricted area applies into, within or from that area; or\n\n(b) cause or permit the movement of any vehicle carrying, or of a type normally used for the carrying of, any livestock, livestock product, fodder or fittings to which the declaration of the restricted area applies into, within or from that area; or\n\n(c) contravene any prohibition, restriction or requirement specified in the order which declared the restricted area—\n\nunless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in the permit.\n\nS. 27(1A) inserted by No. 35/2009 s. 84, amended by No. 1/2024 s. 39(2).\n\n(1A) A person who—\n\n(a) causes or permits the movement of any livestock, livestock product, fodder, fittings or vehicle specified in an order under section 26 into, within or from, any land, premises, place or area declared to be a restricted area under that order; or\n\n(b) causes or permits the movement of any vehicle carrying, or of a type normally used for the carrying of, any livestock, livestock product, fodder or fittings specified in an order under section 26 into, within or from, any land, premises, place or area declared to be a restricted area under that order; or\n\n(c) contravenes any prohibition, restriction or requirement specified in an order under section 26 declaring any land, premises, place or area to be a restricted area—\n\nwhere that person is not liable for an offence under subsection (1) in respect of doing so, is guilty of an offence and liable to a penalty not exceeding 120 penalty units.\n\nS. 27(1B) inserted by No. 35/2009 s. 84.\n\n(1B) Subsection (1A) does not apply if the person is acting under a permit issued by an inspector and the person complies with any conditions set out in the permit.\n\n(3) Without limiting subsection (2), an inspector may issue a permit subject to the condition that the holder of the permit, or the livestock, livestock product, fitting or vehicle to which the permit relates is effectively disinfected to the satisfaction of the inspector and in a manner specified by the inspector, before leaving or being taken out of the restricted area.\n\n(4) An inspector may revoke or vary a permit at any time by notice in writing to the holder.\n\n(5) If a permit given under this section is revoked the holder must, upon request by an inspector, immediately deliver the revoked permit to the inspector.\n\n","sortOrder":36},{"sectionNumber":"28","sectionType":"section","heading":"Entry to and exit from restricted areas","content":"\t28 Entry to and exit from restricted areas\n\nS. 28(1) substituted by No. 1/2024 s. 25.\n\n(1) The Secretary may by notice in writing prohibit or impose restrictions on movement into or from a restricted area of any livestock, livestock product, fodder, fittings or vehicle.\n\nS. 28(1A) inserted by No. 1/2024 s. 25.\n\n(1A) A notice under subsection (1) must be published on—\n\n(a) an approved alternative publication Internet site; or\n\n(b) an Internet site maintained by the Department.\n\n(2) Any movement of livestock, livestock products, fodder, fittings or vehicles of a class or description specified in the order declaring the restricted area into or out of a restricted area must be made only through a point or points specified in a notice under subsection (1).\n\nS. 28(3) amended by No. 1/2024 s. 40(1).\n\n(3) A person who knows or has reason to believe that any land, premises place or area has been declared a restricted area must not move any livestock, livestock product, fodder, fittings or vehicles—\n\n(a) which is specified, or of a class or description specified, in the order declaring the restricted area; and\n\n(b) to which a notice under subsection (1) applies—\n\ninto or out of the restricted area in contravention of the notice.\n\nS. 28(4) inserted by No. 35/2009 s. 85, amended by No. 1/2024 s. 40(2).\n\n(4) A person who moves any livestock, livestock product, fodder, fitting or vehicle into or out of a restricted area in contravention of a notice under subsection (1) where—\n\n(a) the livestock, livestock product, fodder, fitting or vehicle is specified, or is of a class or description specified, in the order declaring the restricted area; and\n\n(b) the notice applies to that livestock, livestock product, fodder, fitting or vehicle; and\n\n(c) the person is not liable for an offence under subsection (3) in respect of the movement of the livestock, livestock product, fodder, fitting or vehicle—\n\nis guilty of an offence and liable to a penalty not exceeding 120 penalty units.\n\n","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Control area","content":"\t29 Control area\n\n(1) If the Minister believes or suspects that it is reasonably necessary for the purpose of preventing, controlling or eradicating an exotic disease, the Minister may by order—\n\nS. 29(1)(a) amended by No. 1/2024 s. 26(1).\n\n(a) declare any land, premises, place or area (including the whole of Victoria) to be a control area; and\n\n(b) specify any prohibitions, restrictions and requirements which are to operate in the control area.\n\n(2) The declaration must identify the classes or descriptions of livestock, livestock products, fodder or fittings that are affected by it.\n\n(3) Without limiting the powers of the Minister under subsection (1)(b), an order declaring a control area may prohibit, regulate or control—\n\n(a) the holding of markets, fairs, sales, shows, parades, race meetings or other gatherings or competitions involving livestock or livestock products;\n\nS. 29(3)(b) amended by No. 73/1996 s. 48(b).\n\n(b) the presence or exposure of livestock or livestock products of a class or description specified in the order at any place where livestock or livestock products are exposed for sale;\n\n(c) the presence or exposure of livestock of a class or description specified in the order at any place where livestock are exposed for exhibition, parade, race meetings or any form of recreation or competition;\n\n(d) the sale, presence or exposure of livestock or livestock products of a class or description specified in the order at places where livestock or livestock products are commonly processed for human or animal consumption;\n\n(e) the movement of livestock or livestock products of a class or description specified in the order into out of or within the area declared to be a control area.\n\nS. 29(4) substituted by No. 49/2016 s. 8(1).\n\n(4) The Minister must ensure that in relation to an order declaring a control area—\n\n(a) the order is published in full in the Government Gazette; and\n\nS. 29(4)(b) substituted by No. 1/2024 s. 26(2).\n\n(b) notice of the order is published on—\n\nS. 29(5) substituted by No. 89/2001 s. 10.\n\n(5) An order declaring a control area has effect for the period not exceeding 12 months that the Minister specifies in the Order and may be continued for any further period or periods not exceeding 12 months that the Minister determines by notice published in the Government Gazette.\n\nS. 29(6) inserted by No. 49/2016 s. 8(2).\n\n(6) If the Minister continues an Order under subsection (5) by notice published in the Government Gazette, the Order must be published in full in the Government Gazette as an attachment to or accompanying the notice.\n\n","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Permit for activity in a control area","content":"\t30 Permit for activity in a control area\n\nS. 30(1) amended by No. 1/2024 s. 41(1).\n\n(1) A person who knows, or has reason to believe, that any land, premises, place or area has been declared to be a control area must not contravene any prohibition, restriction or requirement specified in the order which declared the control area unless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in the permit.\n\n1. 1200 penalty units or 24 months imprisonment or both.\n\nS. 30(1A) inserted by No. 35/2009 s. 86, amended by No. 1/2024 s. 41(2).\n\n(1A) A person who contravenes any prohibition, restriction or requirement specified in an order declaring any land, premises, place or area to be a control area, where that person is not liable for an offence under subsection (1) in respect of that contravention, is guilty of an offence and liable to a penalty not exceeding 120 penalty units.\n\nS. 30(1B) inserted by No. 35/2009 s. 86.\n\n(1B) Subsection (1A) does not apply if the person is acting under a permit issued by an inspector and the person complies with any conditions set out in the permit.\n\n(3) An inspector may revoke or vary a permit at any time by notice in writing to the holder.\n\n(4) If a permit given under this section is revoked, the holder must, upon request by an inspector, immediately deliver the revoked permit to the inspector.\n\n","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Further powers under Orders declaring restricted or control areas","content":"\t31 Further powers under Orders declaring restricted or control areas\n\n(1) Without limiting the powers of the Minister under sections 26(1)(b) and 29(1)(b), an order declaring a restricted area or a control area may—\n\n(a) restrict the purposes for which livestock, livestock products or fodder of a class or description specified in the order may be used;\n\nS. 31(1)(b) amended by No. 48/2010 s. 27.\n\n(b) require livestock (whether diseased or not), livestock products or fodder to be destroyed or disposed of in a manner specified in the order;\n\n(c) require livestock, livestock products or fodder of a class or description specified in the order to be subject to treatment specified in the order or any other action specified in the order for the purpose of freeing them from disease;\n\n(d) require livestock, livestock products, land, buildings, vehicles, fodder or fittings of a class or description specified in the order to be cleansed, disinfected or otherwise treated in the manner specified in the order;\n\n(e) control the keeping, transport or management of livestock, livestock products, fittings and fodder of a class or description specified in the order;\n\n(f) require livestock, livestock products, fodder, fittings and buildings to be identified in a manner specified in the order.\n\n(2) An order may authorise an inspector to issue any directions to any person to do any of the things specified in subsection (1).\n\nDivision 3—Importation orders\n\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Border security","content":"\t32 Border security\n\n(1) If the Minister reasonably suspects that any land, premises, place or area outside Victoria is infected with an exotic disease, the Minister may, by order, prohibit absolutely or impose conditions upon the entry or importation into Victoria of—\n\n(a) livestock, livestock products, fodder or fittings identified by the order; and\n\n(b) vehicles of a type usually used for the transportation of livestock, livestock products, fodder or fittings of a kind to which the order refers or of a type, or from a locality, identified by the order.\n\n(2) Without limiting subsection (1), an order—\n\n(a) may prohibit or restrict the entry or importation into Victoria of any description of livestock, livestock product, fodder, fittings or vehicles except at places specified in the order; and\n\n(b) may specify tests or treatment to be applied to any description of livestock, livestock products, fodder, fittings and vehicles.\n\nS. 33 amended by No. 35/2009 s. 87 (ILA s. 39B(1)).\n\n","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Contravention of importation order","content":"\t33 Contravention of importation order\n\nS. 33(1) amended by No. 1/2024 s. 42(1).\n\n(1) A person who causes, permits or assists any livestock, livestock product, fodder, fitting or vehicle to enter or be imported into Victoria, knowing that in doing so the person contravenes an importation order under section 32 is guilty of an offence and liable to a penalty not exceeding 1200 penalty units or imprisonment of 24 months or both.\n\nS. 33(2) inserted by No. 35/2009 s. 87, amended by No. 1/2024 s. 42(2).\n\n(2) A person who causes, permits or assists any livestock, livestock product, fodder, fitting or vehicle to enter or be imported into Victoria, where—\n\n(a) that entry or importation contravenes an importation order under section 32; and\n\n(b) that person is not liable for an offence under subsection (1) in respect of that contravention—\n\nis guilty of an offence and liable to a penalty not exceeding 120 penalty units.\n\nS. 34 (Heading) inserted by No. 49/2016 s. 9(1).\n\nS. 34 amended by No. 49/2016 s. 9(2)\n\n","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Publication of importation order","content":"\t34 Publication of importation order\n\nThe Minister must ensure that an importation order under section 32 is published in full in the Government Gazette as soon as practicable after the making of the order.\n\n","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Duration of importation order","content":"\t35 Duration of importation order\n\nS. 35(1) amended by No. 35/2009 s. 88.\n\n(1) An importation order under section 32 remains in force for a period of 60 days or any shorter period that is specified in the order, unless sooner revoked.\n\nS. 35(2) amended by No. 35/2009 s. 88.\n\n(2) The Minister may from time to time, by notice published in the Government Gazette, extend the duration of an order for any period or periods not exceeding 60 days.\n\nS. 35(3) inserted by No. 49/2016 s. 10.\n\n(3) If the Minister extends an importation order by notice under subsection (2), the importation order must be published in full in the Government Gazette as an attachment to or accompanying the notice.\n\n","sortOrder":44},{"sectionNumber":"Div 4","sectionType":"division","heading":"Destruction orders","content":"Division 4—Destruction orders\n\n","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Destruction of buildings and vehicles","content":"\t36 Destruction of buildings and vehicles\n\nThe Minister may, by order in writing, require the destruction of any premises (other than a dwelling) or vehicle which the Minister reasonably suspects to be infected with an exotic disease and which cannot be effectively disinfected.\n\n","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Notice of destruction order","content":"\t37 Notice of destruction order\n\nA copy of a destruction order must be given before execution of the order to the owner or person in charge of the affected premises or vehicle unless—\n\n(a) there appears to be no one immediately in control of it and the owner or person in charge cannot, after such search and inquiry as is reasonable in the circumstances, be located; and\n\n(b) the Minister considers that, in the circumstances, the order must be carried out without prior notice to the owner or person in charge.\n\n","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Enforcement of destruction order","content":"\t38 Enforcement of destruction order\n\n(1) A destruction order under section 36 may authorise an inspector to destroy or cause the destruction of any premises or vehicle that is specified in the order.\n\n(2) The owner or person in charge of any premises or vehicle which is the subject of a destruction order must, on request by an inspector, give any assistance the inspector may reasonably require in carrying out the order.\n\n(3) A person who fails or refuses to assist an inspector in accordance with subsection (2) is only guilty of an offence if it is proved that, at the material time, the person was informed by the inspector that failure or refusal to comply with the request constituted an offence.\n\n","sortOrder":48},{"sectionNumber":"Div 5","sectionType":"division","heading":"Exotic disease agents","content":"Division 5—Exotic disease agents\n\n","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"Possession or administration of exotic disease agents","content":"\t39 Possession or administration of exotic disease agents\n\nS. 39(1) amended by No. 1/2024 s. 43.\n\n(a) possess an exotic disease agent; or\n\n(b) administer an exotic disease agent, or cause or permit the administration of an exotic disease agent, directly or indirectly, to any livestock; or\n\n(c) threaten to administer an exotic disease agent, directly or indirectly to any livestock.\n\n1. 3000 penalty units or 90 months imprisonment or both.\n\n(2) Subsection (1) does not apply to a person who has the authority of the Secretary to be in possession of an exotic disease agent and who is acting in accordance with the regulations.\n\nS. 39(2A) inserted by No. 15/2022 s. 26.\n\n(2A) Subsection (1) does not apply to a person who is acting in accordance with—\n\n(a) a direction of the Chief Health Officer within the meaning of section 3(1) of the **Public Health and Wellbeing Act 2008** given under that Act; or\n\n(b) a request made by the Chief Health Officer under section 188A of that Act.\n\n(3) In this section, ***exotic disease agent*** means any pathogen, agent or organism that is capable of causing an exotic disease in livestock.\n\n","sortOrder":50},{"sectionNumber":"Div 6","sectionType":"division","heading":"General","content":"Division 6—General\n\n","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Other powers and liabilities not affected","content":"\t40 Other powers and liabilities not affected\n\nNothing in this Part in any way limits or affects—\n\n(a) the powers of an inspector under this Act; or\n\n(b) the liability of a person for an offence under any other provision of this Act.\n\n","sortOrder":52},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provisions for particular livestock","content":"Part 4—Provisions for particular livestock\n\n","sortOrder":53},{"sectionNumber":"Div 1","sectionType":"division","heading":"Pigs","content":"Division 1—Pigs\n\nS. 41 (Heading) inserted by No. 49/2016 s. 11(1).\n\n","sortOrder":54},{"sectionNumber":"41","sectionType":"section","heading":"Prohibitions relating to the feeding of pigs","content":"\t41 Prohibitions relating to the feeding of pigs\n\nS. 41(1) amended by Nos 35/2009 s. 89, 71/2014 s. 18.\n\nS. 41(1)(a) amended by Nos 57/2003 s. 4(a), 48/2010 s. 28(1).\n\n(a) store any material originating from a mammal or that has been in direct contact with material originating from a mammal at premises at which pigs are kept;\n\nS. 41(1)(b) amended by Nos 57/2003 s. 4(a), 48/2010 s. 28(1).\n\n(b) collect any material originating from a mammal or that has been in direct contact with material originating from a mammal for use for feeding to any pig;\n\nS. 41(1)(c) amended by Nos 57/2003 s. 4(a)(b), 48/2010 s. 28(1)(2).\n\n(c) feed or allow access to, any material originating from a mammal or that has been in direct contact with material originating from a mammal, to any pig; or\n\nS. 41(1)(ca) inserted by No. 49/2016 s. 11(2).\n\n(ca) allow or direct another person to feed, or allow access to, any material that originates from a mammal or that has been in direct contact with material originating from a mammal, to any pig; or\n\nS. 41(1)(d) inserted by No. 57/2003 s. 4(c), amended by No. 48/2010 s. 28(1).\n\n(d) supply to another person material that originates from a mammal or that has been in direct contact with material originating from a mammal that the person supplying the material knows is for use for feeding to any pig.\n\nS. 41(2) amended by No. 49/2016 s. 11(3).\n\n(2) Unless a declaration made by the Minister under section 41B is in force, subsection(1) does not apply to any material which is—\n\n(a) the flesh, bones, blood or offal of mammals slaughtered at an abattoir or a knackery licensed under the **Meat Industry Act 1993** which is fed to pigs at that abattoir or knackery with the approval of the Secretary;\n\n(b) any material containing flesh, bones, blood or offal of mammal carcases which has been treated by a process approved in writing by the Secretary;\n\n(c) the carcase of a mammal which has been slaughtered at premises for the purpose of feeding it to pigs at the same premises if the premises have been approved in writing by the Secretary;\n\nS. 41(2)(d) substituted by No. 7/2007 s. 5.\n\n(d) milk;\n\nS. 41(2)(e) inserted by No. 7/2007 s. 5, substituted by No. 49/2016 s. 11(4).\n\n(e) a milk product or milk by-product—\n\n(i) from a dairy manufacturing business licensed under the **Dairy Act 2000**; or\n\n(ii) from a dairy manufacturing business licensed under an Act of another State or a Territory that corresponds with the **Dairy Act 2000**; or\n\n(iii) imported for stockfeed use into Australia in accordance with the Quarantine Act 1908 of the Commonwealth or the Biosecurity Act 2015 of the Commonwealth;\n\nS. 41(2)(f) inserted by No. 49/2016 s. 11(4).\n\n(f) material, being the carcase or part of the carcase of a pig that was born and raised on a property, if another pig on that property is administered that material for therapeutic purposes in accordance with written instructions of a veterinary practitioner registered under the **Veterinary Practice Act 1997**.\n\nS. 41(3) inserted by No. 49/2016 s. 11(5).\n\n(3) Unless a declaration made by the Minister under section 41B is in force, it is an exception to an offence under subsection (1)(c) if material originating from a mammal or that has been in direct contact with material originating from a mammal is fed to wild pigs in accordance with a permit under section 41A.\n\nS. 41A inserted by No. 49/2016 s. 12.\n\n","sortOrder":55},{"sectionNumber":"41A","sectionType":"section","heading":"Secretary may issue permit","content":"\t41A Secretary may issue permit\n\n(1) The Secretary may issue a permit to a person authorising that person to feed material originating from a mammal or that has been in direct contact with material originating from a mammal to a wild pig, if the Secretary is satisfied that the feeding of the material is solely for the purposes of research into wild pigs or the baiting of wild pigs carried out by that person.\n\n(2) The Secretary may impose any condition on a permit under subsection (1) that the Secretary considers appropriate.\n\n(3) A permit under subsection (1) continues in force for the period specified in the permit by the Secretary unless sooner revoked by the Secretary.\n\n(4) The Secretary may vary or revoke a permit under subsection (1) at any time by notice in writing given to the permit holder.\n\n(5) A variation or revocation of a permit under subsection (4) takes effect when the notice is given to the permit holder.\n\n(6) If a permit under subsection (1) is revoked by the Secretary, the permit holder must, if requested to do so by the Secretary, immediately return the permit to the Secretary or an inspector.\n\nS. 41B inserted by No. 49/2016 s. 12.\n\n","sortOrder":56},{"sectionNumber":"41B","sectionType":"section","heading":"Minister may declare that offences apply to certain materials specified in section 41(2) and (3)","content":"\t41B Minister may declare that offences apply to certain materials specified in section 41(2) and (3)\n\n(1) The Minister may declare that any one or more of the paragraphs in section 41(1) apply to any one or more of the kinds of material specified in section 41(2) and (3) if the Minister believes on reasonable grounds that—\n\n(a) there is an imminent threat of the introduction into Victoria of a disease which affects livestock; and\n\n(b) use of the kind or kinds of material specified in the declaration is the cause of the threat or likely to increase the risk of the threat occurring; and\n\n(c) the declaration will reduce the risk of the threat occurring.\n\n(2) The declaration must—\n\n(a) state the grounds on which the Minister has made the declaration; and\n\n(b) specify each paragraph of section 41(1) that must be complied with; and\n\n(c) specify the kind or kinds of material specified in section 41(2) or (3) to which the declaration applies.\n\n(3) A declaration under this section must be published—\n\n(a) in the Government Gazette; and\n\nS. 41B(3)(b) substituted by No. 1/2024 s. 27.\n\n(b) on an approved alternative publication Internet site or an Internet site maintained by the Department.\n\nS. 41B(3)(c) substituted by No. 22/2022 s. 111, repealed by No. 1/2024 s. 27.\n\n(4) A declaration under this section takes effect from the later of—\n\n(a) the date of publication of the declaration in the Government Gazette; or\n\n(b) any date specified in the declaration.\n\n(5) The Minister must revoke a declaration under this section if the Minister no longer holds the belief on reasonable grounds that—\n\n(a) there is an imminent threat of the introduction into Victoria of a disease which affects livestock; and\n\n(b) use of the kind or kinds of material specified in the declaration is the cause of the threat or likely to increase the risk of the threat occurring; and\n\n(c) the declaration will reduce the risk of the threat occurring.\n\n(6) The revocation of a declaration under this section must be published in accordance with the same requirements for publication of the declaration under subsection (3).\n\nDivision 2—Sewage farm cattle and pigs\n\nS. 42 substituted by No. 22/2022 s. 112.\n\n","sortOrder":57},{"sectionNumber":"42","sectionType":"section","heading":"Definitions and application","content":"\t42 Definitions and application\n\n(1) In this Division—\n\n***biosolids*** means stabilised organic solids derived from the treatment of sewage;\n\n***exposed cattle or pigs*** means cattle or pigs that are or have been—\n\n(a) on land used for depositing or spreading sewage or sewage treatment products, whether intentionally or not, other than as permitted by section 43(3); or\n\n(b) fed with any pasture or crops grown on land on which sewage or sewage treatment products have been deposited or spread, whether intentionally or not, other than in accordance with the Secretary's approval under section 43(2) or as permitted by section 43(3); or\n\n(c) provided with, or given access to, recycled water obtained from a water corporation, other than as permitted by section 43(3A);\n\n***recycled water*** means water derived from sewage or trade waste that has been treated for the purposes of reuse;\n\n***sewage*** means any human excreta or domestic waterborne waste, whether untreated or partially treated, but does not include trade waste;\n\n***sewage treatment products*** means biosolids or recycled water;\n\n***sewerage district*** has the same meaning as in the **Water Act 1989**;\n\n***trade waste*** means—\n\n(a) any waterborne waste (other than sewage) which is suitable, according to the criteria of a water corporation, for discharge into the water corporation's sewerage system; or\n\n(b) any other matter that is prescribed by regulations made under the **Water Act 1989** to be trade waste; or\n\n(c) any other matter which is declared by a by-law made under the **Water Act 1989** to be trade waste;\n\n***water corporation*** has the same meaning as in the **Water Act 1989**.\n\n(2) The Minister, by Order published in the Government Gazette, may approve a standard of purification for sewage and sewage treatment products.\n\n(3) Nothing in this Division applies to sewage or sewage treatment products that have been purified to an approved standard in effect under subsection (2).\n\n","sortOrder":58},{"sectionNumber":"43","sectionType":"section","heading":"No cattle or pigs on sewage land","content":"\t43 No cattle or pigs on sewage land\n\nS. 43(1) amended by Nos 35/2009 s. 89, 22/2022 s. 113(a).\n\n(1) The owner or occupier of any land used for depositing or spreading sewage or sewage treatment products must not permit, suffer or allow any cattle or pigs to graze on or be upon that land.\n\nS. 43(2) amended by Nos 89/2001 s. 11(1), 35/2009 s. 89, 22/2022 s. 113(b).\n\n(2) A person must not permit, suffer or allow any cattle or pig to be fed with any pasture or crops grown on land on which sewage or sewage treatment products have been deposited or spread except in accordance with the approval of the Secretary and the conditions (if any) attached to that approval.\n\nS. 43(2A) inserted by No. 60/2012 s. 19(1), amended by No. 22/2022 s. 113(c).\n\n(2A) The owner of cattle or pigs must not permit, suffer or allow the cattle or pigs to be provided with, or given access to, recycled water obtained from  a water corporation.\n\nS. 43(3) amended by No. 22/2022 s. 113(c).\n\n(3) Subsections (1) and (2) do not apply to a water corporation which permits, suffers or allows any cattle to graze on land, or to be fed with pasture or crops grown on land, owned or occupied by the water corporation.\n\nS. 43(3A) inserted by No. 60/2012 s. 19(2), amended by No. 22/2022 s. 113(c).\n\n(3A) Subsection (2A) does not apply to a water corporation which permits, suffers or allows any cattle on land owned or occupied by the water corporation to be provided with, or given access to, recycled water obtained from the water corporation.\n\nS. 43(4) amended by No. 60/2012 s. 19(3)(c).\n\n(4) Any cattle or pig, may for the purposes of this Act, be reasonably suspected of being infected with a disease if the cattle or pig—\n\nS. 43(4)(a) amended by No. 22/2022 s. 113(d)(i).\n\n(a) has been allowed to graze on or be on land on which sewage or sewage treatment products have been deposited or spread; or\n\nS. 43(4)(b) amended by No. 60/2012 s. 19(3)(a).\n\n(b) has been fed with any pasture or crops grown on that land; or\n\nS. 43(4)(c) inserted by No. 60/2012 s. 19(3)(b), amended by No. 22/2022 s. 133(d)(ii).\n\n(c) has been provided with, or given access to, recycled water obtained from  a water corporation—\n\ncontrary to subsection (1), (2) or (2A).\n\nS. 43(5) inserted by No. 89/2001 s. 11(2).\n\n(5) The Secretary may grant an approval for the purposes of subsection (2) if satisfied that the feeding of the crops or pasture is unlikely to lead to the transmission of disease from the livestock to humans and may impose any conditions on that approval.\n\nS. 43(6) inserted by No. 89/2001 s. 11(2).\n\n(6) The Secretary must have regard to the following matters before granting an approval under subsection (2)—\n\n(a) the purpose or intended use of the cattle or pigs to be fed the pasture or crops; and\n\n(b) whether the cattle or pigs will be tagged, marked, branded or identified in accordance with this Act before being moved from the place where they were fed the pasture or crops; and\n\n(c) the measures taken, or to be taken, to limit the movement of the cattle or pigs; and\n\n(d) the measures taken, or to be taken, to limit the exposure of the cattle or pigs to infection by zoonotic organisms.\n\nS. 43(7) inserted by No. 60/2012 s. 19(4), repealed by No. 22/2022 s. 113(e).\n\nS. 44 (Heading) inserted by No. 22/2022 s. 114(1).\n\n","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Water corporation may graze cattle","content":"\t44 Water corporation may graze cattle\n\nS. 44(1) amended by No. 22/2022 s. 114(2)(a)(b).\n\n(1) A water corporation which permits, suffers or allows any cattle which are grazing on or are upon any land used by the water corporation for depositing or spreading sewage or sewage treatment products must not allow those cattle to be removed from that land unless the cattle—\n\nS. 44(1)(a) amended by No. 22/2022 s. 114(2)(c).\n\n(a) have been immunised in the manner approved by the Secretary against the disease *Cysticercus bovis*; or\n\n(b) are immediately after being removed, destroyed or disposed of otherwise than for human consumption; or\n\nS. 44(1)(c) amended by No. 89/2001 s. 12(1).\n\n(c) are removed for immediate slaughter at an abattoir licensed under the **Meat Industry Act 1993** in accordance with the approval of the Secretary and the conditions (if any) attached to that approval; or\n\nS. 44(1)(d) amended by No. 22/2022 s. 114(2)(a)(b).\n\n(d) have remained on the land or other land used by the water corporation for depositing or spreading sewage or sewage treatment products from birth until attaining the age of 18 months; or\n\nS. 44(1)(e) amended by No. 22/2022 s. 114(2)(a).\n\n(e) are removed to land owned by the water corporation or another water corporation.\n\nS. 44(2) substituted by No. 22/2022 s. 114(3).\n\n(2) A water corporation referred to in subsection (1) must notify the Secretary in writing of any land under the control of that corporation where sewage or sewage treatment products are deposited or spread and cattle are grazed or kept on the land.\n\nS. 44(3) inserted by No. 89/2001 s. 12(2).\n\n(3) The Secretary may grant an approval for the purposes of subsection (1)(c) if satisfied that the removal of the cattle for immediate slaughter at an abattoir is unlikely to lead to the transmission of disease from the cattle to humans and may impose any conditions on that approval.\n\nS. 44(4) inserted by No. 89/2001 s. 12(2).\n\n(4) The Secretary must have regard to the following matters before granting an approval under subsection (3)—\n\n(a) whether the cattle have been or will be tagged, marked, branded or identified in accordance with this Act before being moved from the place where they were grazing; and\n\n(b) the measures taken, or to be taken, to limit the cattle's exposure to infection by zoonotic organisms.\n\nS. 44A inserted by No. 22/2022 s. 115.\n\n","sortOrder":60},{"sectionNumber":"44A","sectionType":"section","heading":"Notification in relation to exposed cattle or pigs","content":"\t44A Notification in relation to exposed cattle or pigs\n\n(1) The owner of relevant land in relation to exposed cattle or pigs must notify the Secretary in accordance with subsection (2).\n\n(2) The notification—\n\n(a) must be made in the prescribed manner and within the prescribed period; and\n\n(b) must contain or be accompanied by the prescribed information (if any).\n\n(3) The Secretary may disclose any information contained in or accompanying a notification under subsection (1) to either or both of the following bodies, if the Secretary is satisfied that the information is relevant to the functions of the body—\n\n(a) the Environment Protection Authority;\n\n(b) the water corporation of the sewerage district in which the relevant land is located.\n\n(4) In this section—\n\n***relevant land***, in relation to exposed cattle or pigs, means the land referred to in paragraph (a) or (b) of the definition of ***exposed cattle or pigs*** in section 42 (as the case may be).\n\nS. 44B inserted by No. 22/2022 s. 115.\n\n","sortOrder":61},{"sectionNumber":"44B","sectionType":"section","heading":"Offence to sell exposed cattle or pigs","content":"\t44B Offence to sell exposed cattle or pigs\n\n(1) The owner of exposed cattle or pigs must not, without the approval of the Secretary under subsection (2)—\n\n(a) send any of those cattle or pigs for slaughter; or\n\n(b) sell any of those cattle or pigs, by auction or otherwise.\n\n(2) The Secretary may grant an approval for the purposes of subsection (1) and may impose any conditions on that approval.\n\n(3) The Secretary must have regard to the following matters before granting an approval under subsection (2)—\n\n(a) the purpose or intended use of the exposed cattle or pigs;\n\n(b) whether the exposed cattle or pigs will be tagged, marked, branded or identified in accordance with this Act before being moved to another place;\n\n(c) the measures taken, or to be taken, to limit the movement of the exposed cattle or pigs;\n\n(d) the measures taken, or to be taken, to limit the exposure of the exposed cattle or pigs to infection by zoonotic organisms.\n\n(4) The owner of exposed cattle or pigs must comply with any conditions imposed on an approval of the Secretary under subsection (2).\n\nDivision 3—Dairying animals\n\n","sortOrder":62},{"sectionNumber":"45","sectionType":"section","heading":"Prohibition of use of cow, goat, sheep or buffalo for dairying","content":"\t45 Prohibition of use of cow, goat, sheep or buffalo for dairying\n\nS. 45(1) amended by No. 37/2000 s. 70(a)(b).\n\n(1) If an inspector is of the opinion that any dairy food produced or prepared for sale from any cow, goat, sheep or buffalo would be deleterious to the health of human beings or unfit for human consumption, the inspector may—\n\nS. 45(1)(a) amended by No. 37/2000 s. 70(a)(b).\n\n(a) by a written notice given to the dairy farmer upon whose dairy farm the cow, goat, sheep or buffalo is kept prohibit the use of the cow, goat, sheep or buffalo for the production or preparation of any dairy food for sale for a period not exceeding 14 days; and\n\nS. 45(1)(b) amended by No. 37/2000 s. 70(b).\n\n(b) brand the cow, goat, sheep or buffalo or cause the cow, goat, sheep or buffalo to be branded with a brand which is not of a permanent character in the prescribed manner.\n\nS. 45(2) amended by No. 37/2000 s. 70(b).\n\n(2) An inspector may after examining a cow, goat, sheep or buffalo the use of which is prohibited under subsection (1)—\n\nS. 45(2)(a) amended by No. 37/2000 s. 70(a)(b).\n\n(a) by a written notice given to the dairy farmer upon whose dairy farm the cow, goat, sheep or buffalo is kept prohibit permanently the use of the cow, goat, sheep or buffalo for the production or preparation of any dairy food for sale; and\n\nS. 45(2)(b) amended by No. 37/2000 s. 70(b).\n\n(b) brand the cow, goat, sheep or buffalo or cause the cow, goat, sheep or buffalo to be branded with a brand which is of a permanent character in the prescribed manner.\n\nS. 45(3) amended by No. 37/2000 s. 70(a)(b).\n\n(3) A dairy farmer who is given a written notice under subsection (1) or (2) must prevent the use of the cow, goat, sheep or buffalo to which the notice relates for the production or preparation of any dairy food for sale whilst the notice remains in force.\n\nS. 45(4) amended by No. 37/2000 s. 70(a)(b).\n\n(4) A person must not use or permit the use of a cow, goat, sheep or buffalo to which a written notice under subsection (1) or (2) relates for the production or preparation of any dairy food for sale whilst the notice remains in force.\n\nPt 4 Div. 4 (Heading and ss 46, 47) amended by No. 58/1997 s. 96(Sch. item 6.3), repealed by No. 35/2009 s. 90.\n\nDivision 5—Bees\n\n","sortOrder":63},{"sectionNumber":"48","sectionType":"section","heading":"Registration of beekeepers","content":"\t48 Registration of beekeepers\n\nS. 48(1) amended by Nos 73/1996 s. 36(1), 35/2009 s. 91, 22/2022 s. 116(1).\n\n(1) Subject to subsection (5), a person must not keep bees, whether or not that person is the owner of the bees, unless the person is registered as a beekeeper under this Act.\n\nS. 48(2) substituted by No. 22/2022 s. 116(2).\n\n(2) The fee for an application for registration or renewal of registration is the fee fixed by the Minister.\n\nSee Division 1 of Part 7 for the procedure for grant or renewal of registration.\n\n(3) The Secretary must allot a brand to each person registered as a beekeeper.\n\n(4) The Secretary must issue to each person registered as a beekeeper a certificate of registration or renewal of registration, showing the beekeeper's registered brand.\n\nS. 48(4A) inserted by No. 60/2012 s. 20, amended by Nos 71/2014 s. 19, 22/2022 s. 116(3).\n\n(4A) A registration or renewal of registration granted under this section remains in force for a period of 2 years from the date that it was granted or renewed unless sooner cancelled under section 100.\n\nS. 48(5) inserted by No. 73/1996 s. 36(2), substituted by No. 22/2022 s. 116(4).\n\n(5) Subsection (1) does not apply to a person who is registered as a beekeeper under a corresponding provision of an Act of another State or a Territory if—\n\n(a) the period during which the person keeps bees in Victoria does not exceed 3 months; and\n\n(b) the person ensures that all of the person's hives are marked or branded with the mark or brand issued to the person in the State or Territory where the person is registered as a beekeeper.\n\nS. 49 (Heading) inserted by No. 71/2014 s. 20(1).\n\nS. 49 amended by Nos 60/2012 s. 21, 71/2014 s. 20(2)(b).\n\n","sortOrder":64},{"sectionNumber":"49","sectionType":"section","heading":"Biennial fees","content":"\t49 Biennial fees\n\nA registered beekeeper must—\n\n(a) not later than 7 days after the date of issue of the certificate of registration or of renewal of registration; and\n\nS. 49(b) amended by No. 71/2014 s. 20(2)(a).\n\n(b) not later than 7 days after every second anniversary of that date—\n\npay to the Secretary the biennial fee fixed by the Minister (if any) for registered beekeepers.\n\nS. 49A inserted by No. 60/2012 s. 22, repealed by No. 22/2022 s. 117.\n\n","sortOrder":65},{"sectionNumber":"50","sectionType":"section","heading":"Hives to be marked with registered brand","content":"\t50 Hives to be marked with registered brand\n\n(1) A registered beekeeper must not have in his or her possession or under his or her control a hive which is not marked or branded with his or her registered brand in the prescribed manner.\n\n(2) Nothing in subsection (1) applies to a registered beekeeper who has in his or her possession or control a hive which is not owned by the beekeeper and which is marked or branded with the registered brand of another registered beekeeper if the beekeeper has the hive in his or her possession or control with the authority of that other registered beekeeper.\n\n","sortOrder":66},{"sectionNumber":"51","sectionType":"section","heading":"Disposal and acquisition of hives","content":"\t51 Disposal and acquisition of hives\n\nS. 51(1) amended by No. 35/2009 s. 92.\n\n(1) A beekeeper must, within 7 days after disposing of any hive, give to the Secretary notice in writing in the prescribed form of the disposal.\n\nS. 51(2) amended by No. 35/2009 s. 92.\n\n(2) A person who acquires any beehive must, within 28 days of acquiring the hive, cancel the registered brand of the previous owner and substitute his or her own brand.\n\n","sortOrder":67},{"sectionNumber":"52","sectionType":"section","heading":"Exposure of bees to infected articles etc.","content":"\t52 Exposure of bees to infected articles etc.\n\nS. 52(1) substituted by No. 1/2024 s. 44.\n\n(1) A person must not expose any hive infected with disease in any manner that will allow access by bees to the hive unless the hive has been disinfected.\n\nS. 52(1A) inserted by No. 1/2024 s. 44.\n\n(1A) A person must not expose any beeswax, fittings or other articles which are infected with disease or have been taken from or used in conjunction with any hive infected with disease in any manner that will allow access by bees to the articles unless the articles have been disinfected.\n\n(2) A person must not expose or extract any honey which is infected with disease in any manner which will allow access to the honey by bees.\n\nS. 52(3) inserted by No. 60/2012 s. 23.\n\n(3) A person must not expose any pollen collected from bees, which is infected with disease, in any manner that will allow bees to access the pollen.\n\n","sortOrder":68},{"sectionNumber":"53","sectionType":"section","heading":"Access of bees to honey etc.","content":"\t53 Access of bees to honey etc.\n\nA beekeeper must take all reasonable precautions to ensure that any honey, honeycomb, fittings or other article on or in which honey is deposited and which is in the person's possession or under the person's control does not remain exposed in such a manner or under such conditions that would provide bees with access to the honey.\n\nDivision 6—Artificially bred livestock\n\nS. 54 substituted by No. 35/2009 s. 93.\n\n","sortOrder":69},{"sectionNumber":"54","sectionType":"section","heading":"Application of Division","content":"\t54 Application of Division\n\nThis Division only applies to livestock or livestock of a class of livestock declared by order of the Governor in Council to be livestock or livestock of a class to which this Division applies.\n\n","sortOrder":70},{"sectionNumber":"55","sectionType":"section","heading":"Sale of semen prohibited except from approved sires","content":"\t55 Sale of semen prohibited except from approved sires\n\n(1) A person must not sell semen from any sire unless, at the time the semen was collected, the sire was a sire approved by the Secretary.\n\n(2) The Secretary must approve a sire for collection of semen for sale if the Secretary is satisfied that the sire is free from disease.\n\n(3) If the Secretary is satisfied that a sire is no longer suitable to be approved as a sire, the Secretary may cancel the approval of that sire.\n\n(4) A person who sells any semen must keep the prescribed records in the prescribed manner.\n\n(5) If a person is aggrieved by a decision of the Secretary not to approve a sire or to cancel the approval of a sire, the person may within 14 days of being notified of the decision appeal to the Minister.\n\n","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Sale of diseased semen prohibited","content":"\t56 Sale of diseased semen prohibited\n\nA person must not sell any semen if the person knows or suspects or has reasonable cause to know the semen is diseased.\n\n","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Premises for collection of semen to be licensed","content":"\t57 Premises for collection of semen to be licensed\n\nA person must not use any premises for the collection of any semen for sale unless the person holds a licence issued by the Secretary in respect of those premises.\n\n","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Training courses about artificial breeding","content":"\t58 Training courses about artificial breeding\n\nA person must not conduct a course of training for persons to use semen for the purposes of artificial breeding unless the course and the person or body delivering the course have been approved by the Secretary.\n\nPart 5—Compensation\n\nDivision 1—Exotic diseases compensation\n\n\t59 Exotic Diseases Fund\n\n(1) There is to be established in the Public Account, as part of the Trust Fund an account to be known as the Exotic Diseases Fund.\n\n(2) There shall be paid to the Exotic Diseases Fund—\n\n(a) all money payable to Victoria by the Commonwealth or another State or Territory under any arrangement made between Victoria, the Commonwealth and another State or Territory for the prevention, control and eradication of any exotic disease;\n\n(b) the proceeds of the sale of stores and equipment obtained for the purpose of dealing with exotic diseases;\n\n(c) all penalties which are recovered for contraventions of Part 3;\n\n(d) all money available for the purposes of this Part;\n\n(e) all interest on money in the Fund.\n\nS. 59(3) amended by No. 104/1995 s. 6(Sch. 1 item 15(a)).\n\n(3) Money in the Fund may be invested in any manner in which money may be invested under the **Trustee Act 1958** or any other manner that the appropriate Minister approves.\n\nS. 60 amended by No. 22/2022 s. 118(2) (ILA s. 39B(1)).\n\n","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"Payment out of Fund","content":"\t60 Payment out of Fund\n\n(1) Amounts may be paid out of the Fund for the payment of—\n\nS. 60(1)(a) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 116.1), 35/2009 s. 94.\n\n(a) all expenses directly connected with the control and eradication of any outbreak of exotic disease, except the remuneration for normal hours of work payable to employees who are or would be employed in the public service under Part 3 of the **Public Administration Act 2004** irrespective of the outbreak; and\n\nS. 60(1)(ab) inserted by No. 22/2022 s. 118(1).\n\n(ab) subject to subsection (2), all expenses directly connected with activities associated with ensuring the welfare of domestic livestock that are affected by the eradication or control of any outbreak of an exotic disease; and\n\n(b) compensation payable under this Division and all costs and expenses incidental to determining the compensation payable.\n\nS. 60(2) inserted by No. 22/2022 s. 118(2).\n\n(2) Expenses referred to in subsection (1)(ab) do not include remuneration for the ordinary hours of work of a person who is or would be employed under Part 3 of the **Public Administration Act 2004** irrespective of the relevant outbreak.\n\n","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"Compensatable exotic diseases","content":"\t61 Compensatable exotic diseases\n\n(1) Compensation is only payable under this Division in respect of a disease which is declared by Order of the Governor in Council to be a compensatable exotic disease;\n\n(2) A reference in this Division to an exotic disease is a reference to an exotic disease referred to in subsection (1).\n\nS. 62 substituted by No. 1/2024 s. 6.\n\n","sortOrder":76},{"sectionNumber":"62","sectionType":"section","heading":"Payment of compensation","content":"\t62 Payment of compensation\n\nCompensation is payable to an owner if the Minister is reasonably satisfied that the owner has had—\n\n(a) any domestic livestock, premises, livestock product, fodder, fittings or vehicle destroyed under this Act for the purpose of controlling, eradicating or preventing the spread of an exotic disease; or\n\n(b) any domestic livestock certified by an inspector as having died of an exotic disease.\n\n","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Amount of compensation","content":"\t63 Amount of compensation\n\nS. 63(1) amended by No. 1/2024 s. 7(1).\n\n(1) Subject to section 64, the amount of compensation payable in respect of any premises, livestock product, fodder, fitting or vehicle is the market value of the premises, livestock product, fodder, fittings or vehicle at the time of destruction.\n\nS. 63(2) amended by No. 58/1997 s. 96(Sch. item 6.4), substituted by No. 1/2024 s. 7(2).\n\n(2) Subject to section 64, the amount of compensation payable to an owner of livestock that died or was destroyed as a result of an exotic disease is the market value of the livestock at whichever is the earlier of the following times at which—\n\n(a) the owner consulted a veterinary practitioner about the diseased livestock;\n\n(b) the owner notified an inspector of the exotic disease under section 7;\n\n(c) restrictions on the movement of the livestock were imposed under Part 3;\n\n(d) the Secretary was notified that the livestock was affected by or died of the exotic disease.\n\nS. 64 substituted by No. 1/2024 s. 8.\n\n","sortOrder":78},{"sectionNumber":"64","sectionType":"section","heading":"Reduction in compensation payable under section 63","content":"\t64 Reduction in compensation payable under section 63\n\n(1) The Minister may decide that the whole of the compensation otherwise payable under section 63 be reduced or not be paid, in respect of a claim lodged by the owner of any livestock, premises, livestock product, fodder, fittings or vehicle that has been destroyed, or any livestock that have died, as a result of an outbreak of an exotic disease.\n\n(2) In making a decision under subsection (1), the Minister must take into account the following factors—\n\n(a) whether the owner, or any person acting at the direction or on the authority or on behalf of the owner, has contravened this Act or any regulations made under this Act or any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act, which has caused or contributed to—\n\n(i) the spread of the exotic disease; or\n\n(ii) the destruction or death of any domestic livestock in respect of which the claim is lodged; or\n\n(iii) the destruction of any premises, livestock product, fodder, fittings or vehicle in respect of which the claim is lodged;\n\n(b) whether the owner, or any person acting at the direction or on the authority or on behalf of the owner, has intentionally, recklessly or negligently caused or contributed to any of the matters referred to in paragraph (a)(i) to (iii);\n\n(c) whether the owner is indemnified under a contract of insurance for the losses referred to in the claim for compensation under this Division;\n\n(d) whether the affected livestock, livestock product, fodder, fittings or vehicle or any livestock infected with the exotic disease were kept at a premises before their death or destruction in contravention of this Act or any regulations made under this Act;\n\n(e) whether any of the losses in the claim for compensation are false or misleading;\n\n(f) any prescribed factors.\n\n(3) If the Minister makes a decision under subsection (1) that the whole of the compensation otherwise payable under section 63 be reduced or not be paid to an owner in respect of a claim, the Minister must serve a written notice of that decision on the owner that includes—\n\n(a) that the whole of the compensation payable under section 63 in respect of the claim will be reduced or not be paid (as the case requires) and the amount (if any) of the compensation that will be paid; and\n\n(b) the reasons for the decision to reduce the whole of the compensation or to not pay it; and\n\n(c) that the owner has a right to apply under section 65 to VCAT for a review of the decision.\n\nS. 64A inserted by No. 1/2024 s. 9.\n\n","sortOrder":79},{"sectionNumber":"64A","sectionType":"section","heading":"Payment of further compensation for restocking of livestock","content":"\t64A Payment of further compensation for restocking of livestock\n\n(1) Subject to subsection (5), the Secretary may approve a claim for a further amount of compensation payable for the purchase of livestock to replace livestock that died or were destroyed because of an outbreak of an exotic disease for which compensation under section 63(2) was paid (the ***replacement livestock***).\n\n(2) The maximum amount of compensation that may be paid under this section is the difference between the amount of compensation paid under section 63(2) and the cost of purchasing the replacement livestock, if that cost is greater than the amount paid under section 63(2).\n\n(3) For the purposes of subsection (2), the Secretary may determine that replacement livestock may be livestock that were or will be purchased at either or both of the following times—\n\n(a) at a time during which restrictions on the movement of livestock under Part 3 due to the outbreak of the exotic disease are in force;\n\n(b) at a time after which those restrictions are no longer in force.\n\n(4) In deciding whether to approve a claim under subsection (1) the Secretary must have regard to—\n\n(a) whether the replacement livestock are similar or equivalent to the livestock that died or were destroyed as the result of the outbreak of the exotic disease; and\n\n(b) whether the claimant has provided evidence that the replacement livestock have or will be purchased.\n\n(5) The Secretary may not approve a claim by an owner for further compensation under subsection (1) if—\n\n(a) the Minister has decided under section 64 that all or part of the compensation otherwise payable under section 63 is not payable to the owner for losses incurred as a result of an outbreak of the exotic disease; and\n\n(b) the claim for further compensation is in respect of livestock that died or were destroyed because of that outbreak of exotic disease.\n\nS. 65 substituted by No. 52/1998 s. 311(Sch. 1 item 53.1).\n\n","sortOrder":80},{"sectionNumber":"65","sectionType":"section","heading":"Review by Victorian Civil and Administrative Tribunal","content":"\t65 Review by Victorian Civil and Administrative Tribunal\n\nS. 65(1) amended by No. 1/2024 s. 10(a).\n\n(1) An owner may apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Minister under section 64 that compensation or part of it not be paid to the owner.\n\n(2) An application for review must be made within 28 days after the later of—\n\nS. 65(2)(a) amended by No. 1/2024 s. 10(b).\n\n(a) the day on which the notice of the decision is served;\n\nS. 65(2)(b) amended by No. 1/2024 s. 10(a).\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nS. 65A inserted by No. 1/2024 s. 11.\n\n","sortOrder":81},{"sectionNumber":"65A","sectionType":"section","heading":"Minister may decide that compensation be repaid","content":"\t65A Minister may decide that compensation be repaid\n\n(1) The Minister may decide that the whole or any part of an amount of compensation paid to an owner be repaid by that owner if—\n\n(a) the Minister considers that the decision to pay the compensation was made in error; or\n\n(b) the Minister considers that the decision to pay the compensation was based on false or misleading information provided by the owner when making the claim for the compensation; or\n\n(c) for any other reason, the Minister decides that the compensation must be repaid.\n\n(2) If the Minister makes a decision for an amount of compensation to be repaid under subsection (1), the Minister must decide on a reasonable day before or on which the amount of compensation is to be repaid (the ***due date***).\n\n(3) If the owner does not pay the whole of the amount of the compensation to be repaid before or on the due date, the owner will be liable to pay interest on the amount of the compensation not repaid.\n\n(4) Interest referred to in subsection (3) will be calculated on a daily basis from the end of the due date until the amount of compensation is repaid in full at the interest rate that applies from time to time under Division 1 of Part 5 of the **Taxation Administration Act 1997**.\n\n(5) The Minister may enter into an arrangement (which may include provision for the payment of interest) for the payment by instalments of the amount of compensation to be repaid that is outstanding at the time of entering into the arrangement.\n\n(6) The Minister may recover an amount of compensation that has not been repaid by the due date as a debt due to the State and may issue proceedings in a court of competent jurisdiction no later than 5 years after the compensation referred to in subsection (1) was paid to the owner.\n\n***owner*** means a person who is paid compensation under this Division.\n\nS. 65B inserted by No. 1/2024 s. 11.\n\n","sortOrder":82},{"sectionNumber":"65B","sectionType":"section","heading":"Minister must serve a notice on the owner about compensation to be repaid","content":"\t65B Minister must serve a notice on the owner about compensation to be repaid\n\nOn making a decision under section 65A(1), the Minister must serve a written notice on the owner that includes the following information—\n\n(a) the amount of compensation referred to in section 65A(1) that was originally paid to the owner and the date on which that compensation was paid;\n\n(b) the amount of that compensation to be repaid by the owner;\n\n(c) the date before or on which the amount of compensation is to be repaid;\n\n(d) if the amount of compensation to be repaid is not repaid in full before or on the due date, that interest will be calculated on a daily basis from the end of the due date until the amount of compensation is repaid in full;\n\n(e) that the rate of the interest referred to in paragraph (d) will be at the interest rate that applies from time to time under Division 1 of Part 5 of the **Taxation Administration Act 1997**;\n\n(f) that the Minister may enter into an arrangement with the owner to repay the amount of compensation by way of instalments;\n\n(g) the reasons that formed the basis of the Minister's decision for the amount of compensation to be repaid;\n\n(h) that the owner has 28 days after being served with the notice within which to respond to the Minister setting out the reasons why the owner should not have to repay all or any of the amount of compensation.\n\nS. 65C inserted by No. 1/2024 s. 11.\n\n","sortOrder":83},{"sectionNumber":"65C","sectionType":"section","heading":"Owner may respond to Minister after receiving a notice to repay compensation under section 65B","content":"\t65C Owner may respond to Minister after receiving a notice to repay compensation under section 65B\n\nAn owner, after having been served with a notice under section 65B to repay compensation, may respond to the Minister in writing within 28 days after being served with the notice setting out the reasons why the owner should not have to repay all or any of the amount of compensation.\n\nS. 65D inserted by No. 1/2024 s. 11.\n\n","sortOrder":84},{"sectionNumber":"65D","sectionType":"section","heading":"Minister must consider an owner's response to a notice","content":"\t65D Minister must consider an owner's response to a notice\n\n(1) The Minister must consider a response received from an owner under section 65C.\n\n(2) After considering a response under subsection (1), the Minister may decide—\n\n(a) to confirm the amount of compensation to be repaid by the owner; or\n\n(b) to reduce the amount of compensation to be repaid by the owner; or\n\n(c) to write off the liability of the owner to repay the whole of the amount of compensation.\n\n(3) On making a decision under subsection (2)(a) or (b), the Minister must serve a written notice on the owner that contains all the information required in a notice under section 65B, except the information in paragraphs (g) and (h) of that section.\n\n(4) On making a decision under subsection (2)(c), the Minister must serve a written notice on the owner confirming that the whole of the liability of the owner to repay the amount of compensation has been written off.\n\n(5) An owner may apply to VCAT for review of the decision of the Minister under subsection (2)(a) or (b) to require an amount of compensation be repaid by the owner within 28 days after the later of—\n\n(a) the day on which a notice under subsection (3) is served;\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nS. 65E inserted by No. 1/2024 s. 11.\n\n","sortOrder":85},{"sectionNumber":"65E","sectionType":"section","heading":"Minister may write off liability of owner to repay compensation","content":"\t65E Minister may write off liability of owner to repay compensation\n\n(1) The Minister may at any time write off the whole or part of any outstanding liability of an owner under section 65A, if the Minister is satisfied that any further action to recover the amount of compensation is impracticable or unwarranted.\n\n(2) If the Minister writes off the whole of any outstanding liability of an owner under subsection (1), the Minister must serve a written notice on the owner notifying the owner that the whole of the liability of the owner to pay the amount of compensation has been written off.\n\n(3) If the Minister writes off part of any outstanding liability of an owner under subsection (1), the Minister must serve a written notice on the owner—\n\n(a) notifying the owner that part of the liability of the owner to pay the amount of compensation has been written off; and\n\n(b) containing all the information required in a notice under section 65B, except the information in paragraphs (g) and (h) of that section.\n\nDivision 2—Bees compensation\n\nS. 66 (Heading) inserted by No. 48/2010 s. 29(1).\n\n","sortOrder":86},{"sectionNumber":"66","sectionType":"section","heading":"Honey Bee Compensation and Industry Development Fund","content":"\t66 Honey Bee Compensation and Industry Development Fund\n\nS. 66(1) substituted by No. 48/2010 s. 29(2).\n\n(1) There is to be established in the Public Account, as part of the Trust Fund, an account known as the Honey Bee Compensation and Industry Development Fund.\n\n(a) 50% of the registration fees paid under section 48;\n\n(b) all annual fees paid under section 49;\n\n(c) all interest earned on money in the Fund.\n\nS. 66(3) amended by No. 104/1995 s. 6(Sch. 1 item 15(b)).\n\n(3) Money in the Fund may be invested in any manner in which money may be invested under the **Trustee Act 1958** or any other manner that the appropriate Minister approves.\n\n","sortOrder":87},{"sectionNumber":"67","sectionType":"section","heading":"Payments out of the Fund","content":"\t67 Payments out of the Fund\n\nS. 67(1) amended by No. 48/2010 s. 30(1).\n\n(1) The Honey Bee Compensation and Industry Development Fund is to be applied to the payment of compensation payable under this Division and all costs and expenses incidental to determining the compensation payable.\n\nS. 67(2) amended by No. 73/1996 s. 37(1), substituted by No. 48/2010 s. 30(2).\n\n(2) The Minister may make payments—\n\n(a) for administering the provisions of this Act relating to bees, from the capital of the Fund derived from registration fees paid under section 48;\n\n(b) for programs and projects for the improvement and development of the apicultural industry in Victoria, from the following—\n\n(i) the capital of the Fund derived from registration fees paid under section 48 that at any time exceeds $300 000; and\n\n(ii) the capital of the Fund derived from annual fees paid under section 49; and\n\n(iii) the interest earned on any money in the Fund.\n\nS. 67(3) amended by No. 73/1996 s. 37(2).\n\n(3) The Minister must not make a payment under subsection (2) unless the Minister has considered any relevant recommendations from the Apicultural Industry Advisory Committee.\n\nS. 67(4) inserted by No. 22/2022 s. 119.\n\n(4) A reference in subsection (2)(a) to payments for administering the provisions of this Act relating to bees includes payment of—\n\n(b) costs incurred in appointing persons to the Apicultural Industry Advisory Committee; and\n\n(c) fees and allowances payable to members of the Apicultural Industry Advisory Committee; and\n\n(d) costs incurred in the provision of secretarial support to the Apicultural Industry Advisory Committee.\n\n","sortOrder":88},{"sectionNumber":"68","sectionType":"section","heading":"Compensatable disease","content":"\t68 Compensatable disease\n\n(1) Compensation is only payable under this Division in respect of a disease which is declared by Order of the Governor in Council to be a compensatable disease in respect of bees.\n\n(2) A reference in this Division to disease is a reference to a disease which has been declared under subsection (1) to be a compensatable disease in respect of bees.\n\n","sortOrder":89},{"sectionNumber":"69","sectionType":"section","heading":"Compensation","content":"\t69 Compensation\n\nS. 69(1) amended by No. 73/1996 s. 38(1).\n\n(1) Compensation is payable to—\n\n(a) the owner of bees destroyed by, or by order of, an inspector because of the presence of disease;\n\n(b) the owner of hives, livestock products of bees, fittings or other articles which are destroyed or disinfected by order of an inspector in order to prevent the spread of disease—\n\nin circumstances determined by Order of the Governor in Council.\n\n(2) Compensation is not payable under this Division—\n\n(a) in respect of bees, livestock products of bees, fittings or other articles which at the time a direction for destruction or disinfection was given were not kept by or were not in the possession of a beekeeper registered under section 48;\n\n(b) if the beekeeper has failed to notify the presence of any visible disease which necessitated the destruction or disinfection.\n\n(3) The amount of compensation payable—\n\nS. 69(3)(a) amended by No. 73/1996 s. 38(2)(a).\n\n(a) in the case of the destruction of a queen bee, may be for the whole of the value of the bee at the time of destruction; and\n\nS. 69(3)(b) amended by Nos 73/1996 s. 38(2)(a), 83/1998 s. 12(a).\n\n(b) in the case of destruction of any other bee or livestock product of bees or fittings, must not be more than two thirds of the value of the bees, livestock product or fittings at the time of their destruction; and\n\nS. 69(3)(c) amended by No. 73/1996 s. 38(2)(a).\n\n(c) in the case of disinfection of livestock products of bees or fittings, must not exceed the cost of disinfection; and\n\nS. 69(3)(d) amended by No. 73/1996 s. 38(2)(a).\n\n(d) must not in respect of any claim by one owner exceed $5000; and\n\nS. 69(3)(e) inserted by No. 73/1996 s. 38(2)(b).\n\n(e) in the case of the destruction or disinfection of any bees, livestock, product of bees, fitting or other article must not exceed the maximum amount of compensation payable for that destruction or disinfection determined by Order of the Governor in Council.\n\n","sortOrder":90},{"sectionNumber":"70","sectionType":"section","heading":"Apicultural Industry Advisory Committee","content":"\t70 Apicultural Industry Advisory Committee\n\n(1) There is established by this Act a committee to be known as the Apicultural Industry Advisory Committee.\n\n(a) diseases in respect of which compensation should be payable under this Division;\n\nS. 70(2)(ab) inserted by No. 73/1996 s. 38(3).\n\n(ab) the circumstances in which compensation should be payable under this Division;\n\nS. 70(2)(ac) inserted by No. 73/1996 s. 38(3).\n\n(ac) the maximum amount of compensation which should be payable under this Division for the destruction or disinfection of bees, livestock products of bees, fittings or other articles;\n\n(b) the maximum amount of compensation payable in respect of any claim by one owner;\n\n(c) the amounts of fees which should be payable by beekeepers under this Act;\n\n(d) payments which should be made under section 67(2);\n\n(e) any other matter referred to the Committee by the Minister.\n\nS. 70(3) amended by No. 71/2014 s. 21, substituted by No. 22/2022 s. 120(1).\n\n(3) The Committee consists of a maximum of 9 members appointed by the Minister after considering any recommendations of the Secretary and having regard to each appointee's experience in one or more of the following areas—\n\n(a) the apicultural and allied industries;\n\nS. 70(4)(5) repealed by No. 22/2022 s. 120(2).\n\nDivision 3—Cattle compensation\n\n","sortOrder":91},{"sectionNumber":"71","sectionType":"section","heading":"Cattle Compensation Fund","content":"\t71 Cattle Compensation Fund\n\n(1) There is continued in the Public Account, as part of the Trust Fund, the account known as the Cattle Compensation Fund.\n\n(2) There is to be paid into the Fund—\n\nS. 71(2)(a) amended by No. 84/2008 s. 24.\n\n(a) all money received by or for the Commissioner of State Revenue as duty on statements and approved agents' returns relating to the sale of cattle or calves or the carcases of cattle under the **Duties Act 2000**;\n\nS. 71(2)(ab) inserted by No. 69/2011 s. 42.\n\n(ab) all money received by or for the Commissioner of State Revenue as interest or penalty tax in respect of the whole or part of duty on statements and approved agents' returns relating to the sale of cattle or calves or the carcases of cattle under the **Duties Act 2000**;\n\n(b) the amounts of residual value of cattle received under section 78 in respect of which compensation is paid;\n\n(c) any money paid by the Commonwealth for or in respect of compensation for cattle suffering from disease;\n\n(d) all penalties recovered under section 91 relating to offences with respect to cattle;\n\n(e) all interest earned on money in the Fund.\n\nS. 71(3) amended by No. 104/1995 s. 6(Sch. 1 item 15(c)).\n\n(3) Money in the Fund may be invested in any manner in which money may be invested under the **Trustee Act 1958** or any other manner that the appropriate Minister approves.\n\n","sortOrder":92},{"sectionNumber":"72","sectionType":"section","heading":"Payments out of the Fund","content":"\t72 Payments out of the Fund\n\n(1) The Cattle Compensation Fund is to be applied—\n\n(b) to the payment, in accordance with this Division, of costs incurred in connection with the transporting and destroying of any cattle if the carcase of the cattle is condemned as unfit for human consumption or if the cattle are ordered to be destroyed but die before being destroyed.\n\nS. 72(2) amended by Nos 73/1996 s. 37(1), 40/2019 s. 55(a).\n\nS. 72(2)(a) amended by Nos 73/1996 s. 39, 40/2019 s. 55(b).\n\n(a) administering the provisions of this Act relating to cattle or of any other Act administered by the Minister that requires the identification of cattle;\n\nS. 72(2)(b) amended by No. 40/2019 s. 55(c).\n\n(b) programs and projects for the benefit of the cattle industry in Victoria.\n\nS. 72(3) amended by No. 73/1996 s. 37(2).\n\n(3) The Minister must not make a payment under subsection (2) unless the Minister has considered any relevant recommendations from the Cattle Compensation Advisory Committee.\n\n(4) If the Fund is insufficient to pay any amount of compensation payable out of the Fund and the Treasurer certifies that the amount is required for the payment of compensation under this section, the amount is to be paid out of the Consolidated Fund, which is to the necessary extent, appropriated accordingly.\n\nS. 72(5) inserted by No. 22/2022 s. 121.\n\n(5) A reference in subsection (2)(a) to payments for administering the provisions of this Act relating to cattle includes payment of—\n\n(b) costs incurred in appointing persons to the Cattle Compensation Advisory Committee; and\n\n(c) fees and allowances payable to members of the Cattle Compensation Advisory Committee; and\n\n(d) costs incurred in the provision of secretarial support to the Cattle Compensation Advisory Committee.\n\n","sortOrder":93},{"sectionNumber":"73","sectionType":"section","heading":"Compensatable diseases","content":"\t73 Compensatable diseases\n\nS. 73(1) amended by No. 60/2012 s. 24(1).\n\n(1) Except under section 75(e), compensation is only payable under this Division in respect of a disease which is declared by Order of the Governor in Council to be a compensatable disease in respect of cattle.\n\nS. 73(2) amended by No. 60/2012 s. 24(2).\n\n(2) Except in section 75(e), a reference in this Division to disease is a reference to a disease which has been declared under subsection (1) to be a compensatable disease in respect of cattle.\n\n","sortOrder":94},{"sectionNumber":"74","sectionType":"section","heading":"Amount of compensation","content":"\t74 Amount of compensation\n\nS. 74(1) amended by No. 25/1997 s. 4(a)(b).\n\n(1) The amount of compensation payable for cattle which are destroyed or which, after being ordered to be destroyed, die before being destroyed must be calculated in accordance with any criteria or method fixed by Order of the Governor in Council with respect to any disease or class of disease or any cattle or class of cattle that is specified in the Order whether after destruction or death the cattle are found to be free from disease or not.\n\n(2) The amount of compensation payable for any one head of cattle must not exceed any amount that is fixed from time to time by Order of the Governor in Council.\n\n(3) The amount of compensation payable for cattle which have reached the clinical stage of any disease specified by Order of the Governor in Council must not exceed the level or rate of compensation fixed from time to time by Order of the Governor in Council.\n\n(4) The amount of compensation payable for any diseased carcase or portion of a diseased carcase condemned as unfit for human consumption because of disease must be in accordance with the scale of amounts of compensation for those carcases fixed from time to time by Order of the Governor in Council.\n\n","sortOrder":95},{"sectionNumber":"75","sectionType":"section","heading":"Payment of compensation","content":"\t75 Payment of compensation\n\n(a) to the owner of any cattle destroyed by, or by order of, an inspector under this Act because the cattle are suffering from or suspected of suffering from disease;\n\n(b) to the owner of any cattle which are ordered to be destroyed by an inspector under this Act because the cattle are suffering from or suspected of suffering from disease and which die before being destroyed;\n\n(c) to the owner of any cattle destroyed because of injury suffered by the cattle in the course of administration of this Act;\n\n(d) to the owner of any carcase, or portion of a carcase, of cattle condemned under the **Meat Industry Act 1993** or the Export Control Act 1982 of the Commonwealth at any meat processing facility by an inspector as unfit for human consumption because of disease;\n\nS. 75(e) inserted by No. 73/1996 s. 40(1).\n\n(e) to the owner of any cattle destroyed by, or by order of, an inspector under this Act because—\n\nS. 75(e)(a) renumbered as s. 75(e)(i) by No. 60/2012 s. 72(2)(a).\n\n(i) the cattle are suffering from or suspected of suffering from a disease which is declared to be an exotic disease after their destruction; or\n\nS. 75(e)(b) renumbered as s. 75(e)(ii) by No. 60/2012 s. 72(2)(b).\n\n(ii) the cattle are suspected of suffering from an exotic disease but after destruction are found not to be suffering from an exotic disease.\n\n","sortOrder":96},{"sectionNumber":"76","sectionType":"section","heading":"No compensation payable","content":"\t76 No compensation payable\n\n(a) if the head only of a carcase is condemned as unfit for human consumption because of disease; or\n\n(b) if the owner of any cattle visibly affected by disease has failed to give any notice of the existence of the disease required to be given under this Act; or\n\nS. 76(c) amended by No. 84/2008 s. 24.\n\n(c) if the owner fails to satisfy the Secretary that the duty under the **Duties Act 2000** has been paid in respect of all of that owner's cattle; or\n\n(d) if the owner fails to satisfy the Secretary that the owner has complied with the requirements of this Act relating to claims for compensation.\n\n","sortOrder":97},{"sectionNumber":"77","sectionType":"section","heading":"Compensation payable out of Fund","content":"\t77 Compensation payable out of Fund\n\nS. 77(1) amended by No. 60/2012 s. 25(1).\n\nCompensation under this Division is payable out of the Cattle Compensation Fund.\n\nS. 77(2) repealed by No. 60/2012 s. 25(2).\n\n","sortOrder":98},{"sectionNumber":"78","sectionType":"section","heading":"Sale of carcases etc.","content":"\t78 Sale of carcases etc.\n\n(1) The Secretary may sell the carcase, hide and offal of any cattle which are destroyed.\n\n(2) The amount of any money received for the carcase, hide or offal of cattle sold under subsection (1) must be paid into the Cattle Compensation Fund.\n\n","sortOrder":99},{"sectionNumber":"79","sectionType":"section","heading":"Cattle Compensation Advisory Committee","content":"\t79 Cattle Compensation Advisory Committee\n\n(1) There is established by this Act a committee to be known as the Cattle Compensation Advisory Committee.\n\n(a) diseases for which compensation should be payable;\n\n(b) the maximum amount of compensation which should be payable under this Act;\n\n(c) payments which should be made under section 72(2);\n\n(d) any other matter referred to it by the Minister.\n\nS. 79(3) amended by No. 25/1997 s. 5, substituted by Nos 48/2010 s. 31(1), 22/2022 s. 122(1).\n\n(3) The Committee consists of a maximum of 9 members appointed by the Minister after considering any recommendations of the Secretary and having regard to each appointee's experience in one or more of the following areas—\n\n(a) the cattle and allied industries;\n\nS. 79(3A)(3B) inserted by No. 48/2010 s. 31(1), repealed by No. 22/2022 s. 122(2).\n\nS. 79(4) repealed by No. 22/2022 s. 122(2).\n\nS. 79(5) substituted by No. 48/2010 s. 31(2), repealed by No. 22/2022 s. 122(2).\n\nS. 79(5A)–(5C) inserted by No. 48/2010 s. 31(2), repealed by No. 22/2022 s. 122(2).\n\nPt 5 Div. 3A (Heading and ss 79A–79I) inserted by No. 25/1997 s. 6.\n\n","sortOrder":100},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Sheep and goat compensation","content":"Division 3A—Sheep and goat compensation\n\nS. 79A inserted by No. 25/1997 s. 6.\n\n","sortOrder":101},{"sectionNumber":"79A","sectionType":"section","heading":"Sheep and Goat Compensation Fund","content":"\t79A Sheep and Goat Compensation Fund\n\n(1) There is established in the Public Account, as part of the Trust Fund, an account known as the Sheep and Goat Compensation Fund.\n\nS. 79A(2)(a) amended by No. 84/2008 s. 24.\n\n(a) all money received by or for the Commissioner of State Revenue as duty on statements and approved agents' returns relating to the sale of sheep or goats or the carcases of sheep or goats under the **Duties Act 2000**;\n\nS. 79A(2)(ab) inserted by No. 69/2011 s. 43.\n\n(ab) all money received by or for the Commissioner of State Revenue as interest or penalty tax in respect of the whole or part of duty on statements and approved agents' returns relating to the sale of sheep or goats or the carcases of sheep or goats under the **Duties Act 2000**;\n\n(b) the amounts of residual value of sheep or goats sold under section 79H in respect of which compensation is paid;\n\n(c) any money paid by the Commonwealth for or in respect of compensation for sheep or goats suffering from disease;\n\n(d) all penalties recovered under section 91 relating to offences with respect to sheep or goats;\n\n(e) all interest earned on money in the Fund.\n\n(3) Money in the Fund may be invested in any manner in which money may be invested under the **Trustee Act 1958** or any other manner that the appropriate Minister approves.\n\nS. 79B inserted by No. 25/1997 s. 6.\n\n","sortOrder":102},{"sectionNumber":"79B","sectionType":"section","heading":"Payments out of the Fund","content":"\t79B Payments out of the Fund\n\n(1) The Sheep and Goat Compensation Fund is to be applied—\n\nS. 79B(1)(b) amended by No. 69/2004 s. 46(a).\n\n(b) to the payment, in accordance with this Division, of costs incurred in connection with the transporting and destroying of any sheep or goats if the carcases of the sheep or goats are condemned as unfit for human consumption or if the sheep or goats are ordered to be destroyed but die before being destroyed;\n\nS. 79B(1)(c) inserted by No. 69/2004 s. 46(b).\n\n(c) to a payment granted under section 79HB.\n\nS. 79B(2) amended by No. 40/2019 s. 56(a).\n\nS. 79B(2)(a) amended by No. 40/2019 s. 56(b).\n\n(a) administering the provisions of this Act relating to sheep and goats;\n\nS. 79B(2)(b) amended by No. 40/2019 s. 56(c).\n\n(b) programs and projects for the benefit of the sheep and goat industry in Victoria;\n\nS. 79B(2)(c) inserted by No. 83/1998 s. 5, amended by No. 40/2019 s. 56(d).\n\n(c) programs and projects for the control or eradication of disease of sheep or goats.\n\n(3) The Minister must not make a payment under subsection (2) unless the Minister has considered any relevant recommendations from the Sheep and Goat Compensation Advisory Committee.\n\nS. 79B(4) repealed by No. 57/2003 s. 5, new s. 79B(4) inserted by No. 22/2022 s. 123.\n\n(4) A reference in subsection (2)(a) to payments for administering the provisions of this Act relating to sheep and goats includes payment of—\n\n(b) costs incurred in appointing persons to the Sheep and Goat Compensation Advisory Committee; and\n\n(c) fees and allowances payable to members of the Sheep and Goat Compensation Advisory Committee; and\n\n(d) costs incurred in the provision of secretarial support to the Sheep and Goat Compensation Advisory Committee.\n\nS. 79C inserted by No. 25/1997 s. 6, substituted  \nby Nos 57/2003 s. 6, 60/2012 s. 26.\n\n","sortOrder":103},{"sectionNumber":"79C","sectionType":"section","heading":"Compensation payable for declared diseases","content":"\t79C Compensation payable for declared diseases\n\nCompensation is only payable under this Division in respect of any disease that is declared by Order in Council published in the Government Gazette to be a compensatable disease in respect of sheep or goats.\n\nS. 79D inserted by No. 25/1997 s. 6.\n\n","sortOrder":104},{"sectionNumber":"79D","sectionType":"section","heading":"Amount of compensation","content":"\t79D Amount of compensation\n\n(1) The amount of compensation payable for sheep or goats which are destroyed or which, after being ordered to be destroyed, die before being destroyed must be calculated in accordance with any criteria or method fixed by Order of the Governor in Council with respect to any sheep or goats or class of sheep or goats specified in the Order whether after destruction or death they are found to be free from disease or not.\n\n(2) The amount of compensation payable for any one head of sheep or goat must not exceed any amount that is fixed from time to time by Order of the Governor in Council.\n\n(3) The amount of compensation payable for sheep or goats which have reached the clinical stage of disease specified by Order in Council must not exceed the level or rate of compensation fixed from time to time by Order of the Governor in Council.\n\n(4) The amount of compensation payable for any diseased carcase condemned as unfit for human consumption because of disease must be in accordance with the scale of amounts of compensation for those carcases fixed from time to time by Order of the Governor in Council.\n\nS. 79E inserted by No. 25/1997 s. 6.\n\n","sortOrder":105},{"sectionNumber":"79E","sectionType":"section","heading":"Payment of compensation","content":"\t79E Payment of compensation\n\n(a) to the owner of any sheep or goats destroyed by, or by order of, an inspector under this Act because the sheep or goats are suffering from or suspected of suffering from disease; or\n\n(b) to the owner of any sheep or goats which are ordered to be destroyed by an inspector under this Act because the sheep or goats are suffering from or suspected of suffering from disease and which die before being destroyed; or\n\n(c) to the owner of any sheep or goats destroyed because of injury suffered by the sheep or goats in the course of administration of this Act; or\n\n(d) to the owner of any carcase of sheep or goats condemned under the **Meat Industry Act 1993** or the Export Control Act 1982 of the Commonwealth at any meat processing facility by an inspector as unfit for human consumption because of disease.\n\nS. 79F inserted by No. 25/1997 s. 6.\n\n","sortOrder":106},{"sectionNumber":"79F","sectionType":"section","heading":"No compensation payable","content":"\t79F No compensation payable\n\n(a) if a portion only of a carcase is condemned as unfit for human consumption because of disease; or\n\n(b) if the owner of any sheep or goat visibly affected by disease has failed to give any notice of the existence of the disease required to be given under this Act; or\n\nS. 79F(c) amended by No. 84/2008 s. 24.\n\n(c) if the owner fails to satisfy the Secretary that the duty under the **Duties Act 2000** has been paid in respect of all of that owner's sheep or goats; or\n\n(d) if the owner fails to satisfy the Secretary that the owner has complied with the requirements of this Act relating to claims for compensation.\n\nS. 79G inserted by No. 25/1997 s. 6.\n\n","sortOrder":107},{"sectionNumber":"79G","sectionType":"section","heading":"Compensation payable out of Fund","content":"\t79G Compensation payable out of Fund\n\nCompensation under this Division is payable out of the Sheep and Goat Compensation Fund.\n\nS. 79H inserted by No. 25/1997 s. 6.\n\n","sortOrder":108},{"sectionNumber":"79H","sectionType":"section","heading":"Sale of carcases etc.","content":"\t79H Sale of carcases etc.\n\n(1) The Secretary may sell the carcase, wool, hide and offal of any sheep or goats which are destroyed.\n\n(2) The amount of any money received for the carcase, wool, hide or offal of sheep or goats sold under subsection (1) must be paid into the Sheep and Goat Compensation Fund.\n\nS. 79HA inserted by No. 69/2004 s. 47, amended by No. 48/2010 s. 32(1)(2), repealed by No. 22/2022 s. 124.\n\nS. 79HB inserted by No. 69/2004 s. 47, amended by No. 48/2010 s. 32(3), repealed by No. 22/2022 s. 124.\n\nS. 79I  \ninserted by No. 25/1997 s. 6.\n\n","sortOrder":109},{"sectionNumber":"79I","sectionType":"section","heading":"Sheep and Goat Compensation Advisory Committee","content":"\t79I Sheep and Goat Compensation Advisory Committee\n\n(1) There is established by this Act a committee to be known as the Sheep and Goat Compensation Advisory Committee.\n\n(a) the maximum amount of compensation which should be payable under this Division;\n\n(b) payments which should be made under section 79B(2);\n\n(c) any other matter referred to it by the Minister.\n\nS. 79I(3) substituted by Nos 48/2010 s. 33(1), 22/2022 s. 125(1).\n\n(3) The Committee consists of a maximum of 9 members appointed by the Minister after considering any recommendations of the Secretary and having regard to each appointee's experience in one or more of the following areas—\n\n(a) the sheep and goat and allied industries;\n\nS. 79I(3A)(3B) inserted by No. 48/2010 s. 33(1), repealed by No. 22/2022 s. 125(2).\n\nS. 79I(4) repealed by No. 22/2022 s. 125(2).\n\nS. 79I(5) substituted by No. 48/2010 s. 33(2), repealed by No. 22/2022 s. 125(2).\n\nS. 79I(5A)–(5C) inserted by No. 48/2010 s. 33(2), repealed by No. 22/2022 s. 125(2).\n\nDivision 4—Swine compensation\n\n","sortOrder":110},{"sectionNumber":"80","sectionType":"section","heading":"Swine Compensation Fund","content":"\t80 Swine Compensation Fund\n\n(1) There is continued in the Public Account, as part of the Trust Fund, the account known as the Swine Compensation Fund.\n\nS. 80(2)(a) amended by No. 84/2008 s. 24.\n\n(a) all money received by or for the Commissioner of State Revenue as duty on statements and approved agents' returns relating to the sale of pigs or the carcases of pigs under the **Duties Act 2000**;\n\nS. 80(2)(ab) inserted by No. 69/2011 s. 44.\n\n(ab) all money received by or for the Commissioner of State Revenue as interest or penalty tax in respect of the whole or part of duty on statements and approved agents' returns relating to the sale of pigs or the carcases of pigs under the **Duties Act 2000**;\n\n(b) the amounts of residual value of pigs sold under section 86 in respect of which compensation is paid;\n\n(c) all penalties recovered under section 91 relating to offences with respect to pigs;\n\n(d) all interest earned on money in the Fund.\n\nS. 80(3) amended by No. 104/1995 s. 6(Sch. 1 item 15(d)).\n\n(3) Money in the Fund may be invested in any manner in which money may be invested under the **Trustee Act 1958** or any other manner that the appropriate Minister approves.\n\n","sortOrder":111},{"sectionNumber":"81","sectionType":"section","heading":"Payments out of the Fund","content":"\t81 Payments out of the Fund\n\n(1) The Swine Compensation Fund is to be applied—\n\n(b) to the payment, in accordance with this Division, of costs incurred in connection with the transporting and destroying of any pig if the carcase of the pig is condemned as unfit for human consumption or if the pig is ordered to be destroyed but dies before being destroyed.\n\nS. 81(2) amended by No. 73/1996 s. 37(1), substituted by No. 22/2022 s. 126(1).\n\n(a) administering the provisions of this Act relating to swine;\n\n(b) projects for the benefit of the swine industry in Victoria.\n\nS. 81(3) amended by No. 73/1996 s. 37(2).\n\n(3) The Minister must not make a payment under subsection (2) unless the Minister has considered any relevant recommendations from the Swine Industry Projects Advisory Committee.\n\n(4) The appropriate Minister must not make a payment under subsection (2) unless, if the proposed payment was made, the amount standing to the credit of the Fund, immediately after the payment would be at least $500 000.\n\n(5) If the Fund is insufficient to pay any amount of compensation payable out of the Fund and the Treasurer certifies that the amount is required for the payment of compensation under this section, the amount is to be paid out of the Consolidated Fund which is, to the necessary extent, appropriated accordingly.\n\nS. 81(6) inserted by No. 22/2022 s. 126(2).\n\n(6) A reference in subsection (2)(a) to payments for administering the provisions of this Act relating to swine includes payment of—\n\n(b) costs incurred in appointing persons to the Swine Industry Projects Advisory Committee; and\n\n(c) fees and allowances payable to members of the Swine Industry Projects Advisory Committee; and\n\n(d) costs incurred in the provision of secretarial support to the Swine Industry Projects Advisory Committee.\n\n","sortOrder":112},{"sectionNumber":"82","sectionType":"section","heading":"Compensatable diseases","content":"\t82 Compensatable diseases\n\n(1) Compensation is only payable under this Division in respect of tuberculosis or a disease which is declared by Order of the Governor in Council to be a compensatable disease in respect of swine.\n\n(2) A reference in this Division to disease is a reference to tuberculosis or a disease which has been declared by Order in Council under subsection (1) to be a compensatable disease in respect of swine.\n\n","sortOrder":113},{"sectionNumber":"83","sectionType":"section","heading":"Payment of compensation","content":"\t83 Payment of compensation\n\n(a) to the owner of any pig destroyed by, or, by order of, an inspector under this Act because the pig is suffering from or suspected of suffering from disease;\n\n(b) to the owner of the pig which is ordered to be destroyed by an inspector under this Act because the pig is suffering from or suspected of suffering from disease and which dies before being destroyed;\n\n(c) to the owner of any pig destroyed because of injury suffered by the pig in the course of administration of this Act;\n\n(d) to the owner of any carcase, or portion of a carcase, of a pig condemned under the **Meat Industry Act 1993** or the Export Control Act 1982 of the Commonwealth at any meat processing facility by an inspector as unfit for human consumption because of disease;\n\nS. 83(e) inserted by No. 73/1996 s. 40(2).\n\n(e) to the owner of any pigs destroyed by, or by order of, an inspector under this Act because—\n\n(a) the pigs are suffering from or suspected of suffering from a disease which is declared to be an exotic disease after their destruction; or\n\n(b) the pigs are suspected of suffering from an exotic disease but after destruction are found not to be suffering from an exotic disease.\n\n","sortOrder":114},{"sectionNumber":"84","sectionType":"section","heading":"No compensation payable","content":"\t84 No compensation payable\n\n(a) if the head only of a carcase is condemned as unfit for human consumption because of disease; or\n\n(b) if the owner of any pig visibly affected by disease has failed to give any notice of the existence of the disease required to be given under this Act; or\n\nS. 84(c) amended by No. 84/2008 s. 24.\n\n(c) if the owner fails to satisfy the Secretary that the duty under the **Duties Act 2000** has been paid in respect of all of that owner's swine; or\n\n(d) if the owner fails to satisfy the Secretary that the owner has complied with the requirements of this Act relating to claims for compensation; or\n\n(e) if, within 3 months of being brought into Victoria, a pig is destroyed or ordered to be destroyed because the pig is suffering from tuberculosis unless the Secretary is satisfied that the pig became diseased after being brought into Victoria or the pig is found on destruction or on dying before being destroyed to be free from disease.\n\n","sortOrder":115},{"sectionNumber":"85","sectionType":"section","heading":"Amount of compensation","content":"\t85 Amount of compensation\n\n(1) The amount of compensation payable for a pig which is destroyed or which, after being ordered to be destroyed, dies before being destroyed is the market value of the pig whether after destruction or death it is found to be free from disease or not.\n\n(2) The amount of compensation payable for any pig must not exceed any amount that is fixed from time to time by Order of the Governor in Council.\n\n(3) The amount of compensation payable for any diseased carcase or portion of a diseased carcase condemned as unfit for human consumption because of disease must be in accordance with the scale of amounts of compensation for those carcases fixed from time to time by Order of the Governor in Council.\n\n","sortOrder":116},{"sectionNumber":"86","sectionType":"section","heading":"Sale of carcases etc.","content":"\t86 Sale of carcases etc.\n\n(1) The Secretary may sell the carcase, hide and offal of any pig which is destroyed.\n\n(2) The amount of any money received for any carcase, hide or offal of pig sold under subsection (1) must be paid into the Swine Compensation Fund.\n\n","sortOrder":117},{"sectionNumber":"87","sectionType":"section","heading":"Swine Industry Projects Advisory Committee","content":"\t87 Swine Industry Projects Advisory Committee\n\n(1) There is established by this Act a committee to be known as the Swine Industry Projects Advisory Committee.\n\n(2) The functions of the Committee are to advise the Minister on—\n\n(a) any proposed projects for which payment under this Division is sought;\n\n(b) any other matter referred to the Committee by the Minister.\n\nS. 87(3) amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 9.2), 70/2013 s. 4(Sch. 2 item 26.3), substituted by No. 22/2022 s. 127(1).\n\n(3) The Committee consists of a maximum of 9 members appointed by the Minister after considering any recommendations of the Secretary and having regard to each appointee's experience in one or more of the following areas—\n\n(a) the pig and pork and allied industries;\n\nS. 87(4)(5) repealed by No. 22/2022 s. 127(2).\n\nDivision 5—General\n\n","sortOrder":118},{"sectionNumber":"88","sectionType":"section","heading":"Claims for compensation","content":"\t88 Claims for compensation\n\n(1) No compensation is payable under this Part unless the owner of the livestock, premises, livestock product, fodder, fitting or vehicle applies for compensation in the manner prescribed and within the time limits prescribed.\n\n(2) No compensation is payable under this Part in respect of a carcase or a portion of a carcase condemned as unfit for human consumption unless a sample or specimen of the carcase or portion of the carcase has been sent to a veterinary diagnostic laboratory registered under section 16 and a report from that laboratory confirms that disease is present in the carcase or portion of the carcase.\n\n","sortOrder":119},{"sectionNumber":"89","sectionType":"section","heading":"No compensation for loss of profit etc.","content":"\t89 No compensation for loss of profit etc.\n\nIn determining the compensation to be paid under this Part, no allowance for loss of profit, loss occasioned by breach of contract, loss of production or any other consequential losses shall be made.\n\n","sortOrder":120},{"sectionNumber":"90","sectionType":"section","heading":"Valuation of livestock","content":"\t90 Valuation of livestock\n\n(1) The value of any livestock, premises, livestock product, fodder, fitting or vehicle which is destroyed or of any livestock which after being ordered to be destroyed dies before being destroyed or of any carcase or portion of a carcase which is condemned as unfit for human consumption is to be determined by agreement between the owner of the livestock, premises, livestock product, fodder, fitting or vehicle and—\n\n(a) in the case of infection or contamination by an exotic disease, a person nominated by the Minister, who has the qualifications, experience or training to undertake valuations of that type; and\n\n(b) in case of infection or contamination by any other disease, the inspector by whom the livestock, livestock product, fodder or fitting is destroyed or ordered to be destroyed or the carcase or the portion of the carcase is condemned.\n\n(2) If agreement under subsection (1) cannot be reached the value must be determined—\n\nS. 90(2)(a) amended by No. 73/1996 s. 48(c).\n\n(a) in the case of infection or contamination by an exotic disease, by a person or persons who have experience in the arbitration of disputes nominated by the Minister; and\n\n(b) in the case of infection or contamination by any other disease by a competent and impartial person nominated by the Secretary.\n\n","sortOrder":121},{"sectionNumber":"91","sectionType":"section","heading":"False claims","content":"\t91 False claims\n\nA person must not make any false or misleading statement in any application, form, notice or report relating to a claim for compensation under this Part.\n\n1. 120 penalty units or 12 months imprisonment or both.\n\nPt 6 (Heading) substituted by No. 89/2001 s. 13, amended by No. 69/2011 s. 45.\n\n","sortOrder":122},{"sectionNumber":"Part 6","sectionType":"part","heading":"Duty and records","content":"Part 6—Duty and records\n\n","sortOrder":123},{"sectionNumber":"92","sectionType":"section","heading":"Payment of duty by owner of cattle, sheep, goats or pigs","content":"\t92 Payment of duty by owner of cattle, sheep, goats or pigs\n\nS. 92(1) amended by No. 83/1998 s. 6(a)(b).\n\n(1) If an owner of cattle or calves sells the cattle or calves or the carcases of those cattle otherwise than through an approved agent or to an approved agent who is purchasing the cattle, calves or carcases on the approved agent's own behalf, the owner must either personally or by his or her agent upon the sale—\n\nS. 92(1)(a) amended by No. 84/2008 s. 32(1).\n\n(a) write out or cause to be written out a statement setting out the number of cattle or calves or the carcases of cattle sold, the amount of the purchase money in respect of each calf or head of cattle or carcase sold and the date of sale and the amount of duty paid to the Commissioner of State Revenue under the **Duties Act 2000**;\n\nS. 92(1)(b) amended by No. 79/2000 s. 285(Sch. 1 item 3.1), repealed by No. 84/2008 s. 32(2).\n\nS. 92(1)(c) amended by No. 73/1996 s. 41(a).\n\n(c) give or send by post to the purchaser of the cattle or calves or the carcases of cattle the statement within 7 days after the sale.\n\nS. 92(1A) inserted by No. 25/1997 s. 7, amended by No. 83/1998 s. 6(a)(c).\n\n(1A) If an owner of sheep or goats sells the sheep or goats or the carcases of the sheep or goats otherwise than through an approved agent or to an approved agent who is purchasing the sheep, goats or carcases on the approved agent's own behalf, the owner must either personally or by his or her agent upon the sale—\n\nS. 92(1A)(a) amended by No. 84/2008 s. 32(1).\n\n(a) write or cause to be written out a statement setting out the number of sheep, goats or carcases sold, the amount of the purchase money in respect of each sheep, goat or carcase sold and the date of sale and the amount of duty paid to the Commissioner of State Revenue under the **Duties Act 2000**; and\n\nS. 92(1A)(b) amended by No. 79/2000 s. 285(Sch. 1 item 3.1), repealed by No. 84/2008 s. 32(2).\n\n(c) give, or send by registered post, to the purchaser of the sheep or goats or carcases the statement within 7 days after the sale.\n\nS. 92(2) amended by No. 83/1998 s. 6(a)(d).\n\n(2) If an owner of pigs sells the pigs or the carcases of those pigs otherwise than through an approved agent or to an approved agent who is purchasing the pigs or carcases on the approved agent's own behalf, the owner must either personally or by his or her agent upon the sale—\n\nS. 92(2)(a) amended by No. 84/2008 s. 32(1).\n\n(a) write out or cause to be written out a statement setting out the number of pigs or carcases of pigs sold, the amount of the purchase money in respect of each pig or carcase sold and the date of sale and the amount of duty paid to the Commissioner of State Revenue under the **Duties Act 2000**;\n\nS. 92(2)(b) amended by No. 79/2000 s. 285(Sch. 1 item 3.1), repealed by No. 84/2008 s. 32(2).\n\nS. 92(2)(c) amended by No. 73/1996 s. 41(b).\n\n(c) give or send by post to the purchaser of the pigs or carcases of pigs the statement within 7 days after the sale.\n\n(3) An owner's liability to an offence under this section does not affect the owner's liability to pay the amount of any unpaid duty.\n\nS. 92(4) inserted by No. 6/2000 s. 35(2).\n\n(4) In this section—\n\n***purchase money*** for a sale does not include any amount in respect of any GST payable on the supply to which the sale relates.\n\nNote to s. 92 inserted by No. 13/2013 s. 32(1).\n\nSection 130A of the **Taxation Administration Act 1997** applies to an offence against subsection (1), (1A) or (2).\n\nS. 93 amended by Nos 25/1997 s. 8, 79/2000 s. 285(Sch. 1 items 3.2, 3.3), repealed by No. 84/2008 s. 33.\n\nS. 94 amended by Nos 73/1996 s. 42, 79/2000 s. 285(Sch. 1 item 3.4), repealed by No. 84/2008 s. 25.\n\nS. 94A inserted by No. 73/1996 s. 43, substituted by No. 83/1998 s. 7.\n\n","sortOrder":124},{"sectionNumber":"94A","sectionType":"section","heading":"Records of sales and purchases","content":"\t94A Records of sales and purchases\n\nS. 94A(1) amended by No. 89/2001 s. 14(1).\n\n(1) An approved agent or a person who carries on business as a stock and station agent, an abattoir operator, a feedlot operator, a cattle scale operator, a calf dealer or any other prescribed business dealing with the selling of livestock or the carcases of livestock who sells, as agent for another person, any livestock of a prescribed species or class must ensure that the prescribed particulars about the livestock sold are—\n\n(a) recorded; and\n\n(b) supplied to the person who purchased the livestock if that person is a prescribed purchaser or of a prescribed class of purchasers; and\n\n(c) made available for inspection by an inspector during the period of 7 years after the date of the sale.\n\nS. 94A(2) amended by No. 89/2001 s. 14(2)(a)–(c).\n\n(2) An approved agent or a person who carries on business as an abattoir operator, knackery, saleyard operator, a stock and station agent or any other prescribed business that involves the purchasing of livestock who purchases any livestock of a prescribed species or class must ensure that the prescribed particulars about the livestock purchased are—\n\n(a) recorded; and\n\n(b) supplied to the person who sold the livestock if that person is a prescribed seller or of a prescribed class of sellers; and\n\n(c) made available for inspection by an inspector during the period of 7 years after the date of the sale or purchase.\n\nNote to s. 94A inserted by No. 13/2013 s. 32(2).\n\nSection 130B of the **Taxation Administration Act 1997** applies to an offence against subsection (1) or (2).\n\nS. 94B inserted by No. 89/2001 s. 15.\n\n","sortOrder":125},{"sectionNumber":"94B","sectionType":"section","heading":"Notification about livestock slaughter or disposal","content":"\t94B Notification about livestock slaughter or disposal\n\nThe operator of an abattoir or knackery must—\n\n(a) at the time of the slaughter or disposal of cattle or prescribed livestock at the abattoir or knackery, make a record of the slaughter or disposal that includes—\n\n(i) the date of the slaughter or disposal;\n\n(ii) details of the code allocated by the Secretary under section 9B to the cattle or prescribed livestock slaughtered or disposed of;\n\n(iii) details of the number identifying the individual livestock;\n\n(iv) any other prescribed information; and\n\n(b) within 7 days after the slaughter or disposal or any lesser period specified by the Secretary by notice published in the Government Gazette, notify the Secretary or a person nominated by the Secretary by a method approved by the Secretary of the details set out in paragraph (a).\n\nNote to s. 94B inserted by No. 13/2013 s. 32(3).\n\nSection 130A of the **Taxation Administration Act 1997** applies to an offence against this section.\n\nS. 95 amended by No. 25/1997 s. 9, 83/1998 s. 8, 79/2000 s. 285(Sch. 1 item 3.5), substituted by No. 84/2008 s. 26.\n\n","sortOrder":126},{"sectionNumber":"95","sectionType":"section","heading":"Payment of duty by approved agents in respect to cattle","content":"\t95 Payment of duty by approved agents in respect to cattle\n\n(a) if during the last preceding month there has been no sale or purchase of cattle and calves and carcases of cattle, a nil return; or\n\nS. 95(1)(b) amended by No. 84/2008 s. 34.\n\n(b) in any other case, a return or returns of sales or purchases of cattle and calves and the carcases of cattle during the last preceding month, in the prescribed form, verified in the prescribed manner.\n\n(2) An approved agent must not later than the 21st day of each month pay to the Commissioner as cattle duty on any return the duty chargeable under the **Duties Act 2000**.\n\n1. 5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this subsection and the **Duties Act 2000** had been complied with.\n\n(3) An approved agent must keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section.\n\n(4) An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case.\n\n(5) An approved agent must issue to a purchaser of cattle or calves or the carcases of cattle an invoice that sets out—\n\n(c) the expression \"Vic. Cattle Duty Paid\"; and\n\nS. 95(7) substituted by No. 48/2010 s. 34.\n\n(7) An approved agent, regardless of whether the agent purchases cattle, calves or the carcases of cattle on the agent's own behalf or as an agent for the purchaser, must issue to the seller of the cattle, calves or the carcases of cattle a statement that sets out—\n\n(c) the expression \"Vic. Cattle Duty Paid\"; and\n\nNote to s. 95 inserted by No. 13/2013 s. 32(4).\n\nSection 130A of the **Taxation Administration Act 1997** applies to an offence against subsection (5) or (7) and section 130B of that Act applies to an offence against subsection (1), (2), (3) or (4).\n\nS. 95A inserted by No. 84/2008 s. 26.\n\n","sortOrder":127},{"sectionNumber":"95A","sectionType":"section","heading":"Payment of duty by approved agents in respect to sheep and goats","content":"\t95A Payment of duty by approved agents in respect to sheep and goats\n\n(a) if during the last preceding month there has been no sale or purchase of sheep and goats and carcases of sheep and goats, a nil return; or\n\nS. 95A(1)(b) amended by No. 84/2008 s. 34.\n\n(b) in any other case, a return or returns of sales or purchases of sheep and goats and the carcases of sheep and goats during the last preceding month, in the prescribed form, verified in the prescribed manner.\n\n(2) An approved agent must not later than the 21st day of each month pay to the Commissioner as sheep and goat duty on any return the duty chargeable under the **Duties Act 2000**.\n\n1. 5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this Part and the **Duties Act 2000** had been complied with.\n\n(3) An approved agent must keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section.\n\n(4) An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case.\n\n(5) An approved agent must issue to a purchaser of sheep or goats or the carcases of sheep or goats an invoice that sets out—\n\n(c) the expression \"Vic. Sheep and Goat Duty Paid\"; and\n\nS. 95A(7) substituted by No. 48/2010 s. 35.\n\n(7) An approved agent, regardless of whether the agent purchases sheep, goats or the carcases of sheep or goats on the agent's own behalf or as an agent for the purchaser, must issue to the seller of the sheep, goats or the carcases of sheep or goats a statement that sets out—\n\n(c) the expression \"Vic. Sheep and Goat Duty Paid\"; and\n\nNote to s. 95A inserted by No. 13/2013 s. 32(4).\n\nSection 130A of the **Taxation Administration Act 1997** applies to an offence against subsection (5) or (7) and section 130B of that Act applies to an offence against subsection (1), (2), (3) or (4).\n\nS. 95B inserted by No. 84/2008 s. 35.\n\n","sortOrder":128},{"sectionNumber":"95B","sectionType":"section","heading":"Payment of duty by approved agents in respect to pigs","content":"\t95B Payment of duty by approved agents in respect to pigs\n\n(a) if during the last preceding month there has been no sale or purchase of pigs and carcases of pigs, a nil return; or\n\n(b) in any other case, a return or returns in the prescribed form verified in the prescribed manner of sales or purchases of pigs and the carcases of pigs during the last preceding month.\n\n(2) An approved agent must not later than the 21st day of each month pay to the Commissioner as swine duty on any return the duty chargeable under the **Duties Act 2000**.\n\n1. 5 penalty units and a penalty equal to double the amount of duty that would have been payable if the requirement of this subsection and the **Duties Act 2000** had been complied with.\n\n(3) An approved agent must keep or cause to be kept in Victoria sufficient books to enable the agent to calculate accurately the amounts which are to be set out in returns required under this section.\n\n(4) An approved agent must keep available for inspection the books and records and all working papers used in making the calculations for at least 3 years from the month to which each return relates or for such other period as the Commissioner determines in any particular case.\n\n(5) An approved agent must issue to a purchaser of pigs or the carcases of pigs an invoice that sets out—\n\n(c) the expression \"Vic. Swine Duty Paid\"; and\n\nS. 95B(7) substituted by No. 48/2010 s. 36.\n\n(7) An approved agent, regardless of whether the agent purchases pigs or the carcases of pigs on the agent's own behalf or as an agent for the purchaser, must issue to the seller of the pigs or carcases of pigs a statement that sets out—\n\n(c) the expression \"Vic. Swine Duty Paid\"; and\n\nNote to s. 95B inserted by No. 13/2013 s. 32(4).\n\nSection 130A of the **Taxation Administration Act 1997** applies to an offence against subsection (5) or (7) and section 130B of that Act applies to an offence against subsection (1), (2), (3) or (4).\n\n","sortOrder":129},{"sectionNumber":"96","sectionType":"section","heading":"Offences","content":"\t96 Offences\n\nS. 96(1) amended by Nos 83/1998 s. 9(a), 79/2000 s. 285(Sch. 1 item 3.6), repealed by No. 84/2008 s. 27.\n\nS. 96(2) amended by Nos 25/1997 s. 10, 83/1998 s. 9(b).\n\n(2) A person must not endorse on any invoice, statement or other document the expression \"Vic. Cattle Duty Paid, Vic Sheep and Goat Duty Paid\" or \"Vic. Swine Duty Paid\" and a number or any similar expression and a number unless the person is an approved agent or an officer or employee of an approved agent who makes the endorsement in accordance with this Act.\n\n1. 60 penalty units or imprisonment for a term of not more than 6 months or both.\n\nNote to  \ns. 96(2)  \ninserted by No. 13/2013 s. 32(5).\n\nSection 130B of the Taxation Administration Act 1997 applies to an offence against this subsection.\n\nS. 96A inserted by No. 25/1997 s. 11.\n\n","sortOrder":130},{"sectionNumber":"96A","sectionType":"section","heading":"Suspension of requirement to pay duty","content":"\t96A Suspension of requirement to pay duty\n\nS. 96A(1) amended by No. 84/2008 s. 28.\n\n(1) The Governor in Council may from time to time declare by Order that the provisions of sections 92(1A), 95A(1) and 95A(2) have no force or effect for any period, not exceeding 12 months, that is specified in the Order.\n\nS. 96A(2) amended by No. 84/2008 s. 28.\n\n(2) Sections 92(1A), 95A(1) and 95A(2) cease to have any force or effect on and from a day specified in the Order or, if no day is specified in the Order, on and from the day the Order is published in the Government Gazette.\n\n(3) An Order under this section may be extended for any period not exceeding 12 months that is specified by Order of the Governor in Council.\n\nS. 96B inserted by No. 89/2001 s. 16.\n\n","sortOrder":131},{"sectionNumber":"96B","sectionType":"section","heading":"Evidence of ownership of livestock","content":"\t96B Evidence of ownership of livestock\n\nA person (***the agent***) must not sell livestock prescribed for the purposes of section 94B on behalf of another person unless that other person is known to the agent or has provided evidence to the agent that the other person is the owner of the livestock.\n\nNote to s. 96B inserted by No. 13/2013 s. 32(6).\n\nSection 130B of the **Taxation Administration Act 1997** applies to an offence against this section.\n\nPart 7—Administration\n\nDivision 1—Administration of licences, registrations etc.\n\n\t97 Applications\n\n(1) A person may apply to the Secretary for the grant or renewal of a licence or registration under this Act.\n\n(2) An application must—\n\n(a) be in a form approved by the Secretary; and\n\nS. 97(2)(b) amended by No. 22/2022 s. 128.\n\n(b) include any information and copies of any prescribed records that the Secretary may require; and\n\n(c) be accompanied by the relevant fee.\n\n","sortOrder":132},{"sectionNumber":"98","sectionType":"section","heading":"Grant or refusal","content":"\t98 Grant or refusal\n\n(1) The Secretary may grant or renew or refuse to grant or renew a licence or registration.\n\n(2) A licence or registration is subject to any conditions, restrictions or limitations that are prescribed or are imposed by the Secretary and specified in the licence or registration.\n\nS. 98(3) amended by No. 22/2022 s. 129.\n\n(3) The Secretary may at any time, by notice in writing to the holder of a licence or a registered person, vary or omit any conditions of the licence or registration and impose new conditions, limitations or restrictions.\n\n(4) The Secretary may refuse to grant or renew a licence or registration—\n\n(a) if the applicant has been convicted of an offence against this Act or an Act repealed by this Act; or\n\n(b) on any prescribed ground.\n\nS. 99 amended by No. 22/2022 s. 130(1).\n\n","sortOrder":133},{"sectionNumber":"99","sectionType":"section","heading":"Term of licence or registration","content":"\t99 Term of licence or registration\n\nSubject to section 48(4A), a licence or registration continues in operation for the period not exceeding 3 years specified in it unless cancelled before then.\n\nNote to s. 99 inserted by No. 22/2022 s. 130(2).\n\nSection 48(4A) provides that registration or renewal of registration as a beekeeper is for 2 years.\n\nS. 100 amended by No. 83/1998 s. 12(b).\n\n","sortOrder":134},{"sectionNumber":"100","sectionType":"section","heading":"Cancellation or suspension","content":"\t100 Cancellation or suspension\n\n(1) The Secretary may, by notice in writing, to the holder of a licence or a registered person, cancel or suspend the licence or registration if—\n\n(a) the holder or the registered person has not complied with a condition of the licence or registration; or\n\n(b) the holder or registered person has been convicted of an offence against this Act or an Act repealed by this Act; or\n\n(c) a relevant fee has not been paid; or\n\n(d) the Secretary becomes aware of any information which, if it had been known at the time the licence or registration was granted, would have prevented the grant of the licence or registration; or\n\n(e) any prescribed ground exists.\n\n(2) A notice must specify—\n\n(a) the date on which the cancellation or suspension takes effect; and\n\n(b) in the case of suspension—\n\n(i) the period of suspension; or\n\n(ii) any conditions that must be satisfied before the suspension will be lifted.\n\nS. 101 substituted by No. 52/1998 s. 311(Sch. 1 item 53.2).\n\n","sortOrder":135},{"sectionNumber":"101","sectionType":"section","heading":"Reviews by Victorian Civil and Administrative Tribunal","content":"\t101 Reviews by Victorian Civil and Administrative Tribunal\n\n(1) A person whose interests are affected by a decision of the Secretary—\n\n(a) to refuse to grant or renew a licence or registration; or\n\n(b) to suspend or cancel a licence or registration; or\n\n(c) to impose or vary conditions, restrictions or limitations on a licence or registration—\n\nmay apply to the Victorian Civil and Administrative Tribunal for review of the decision.\n\n(2) An application for review must be made within 28 days after the later of—\n\n(a) the day on which the decision is made;\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nDivision 2—General\n\nS. 102 amended by No. 48/2010 s. 37 (ILA s. 39B(1)).\n\n","sortOrder":136},{"sectionNumber":"102","sectionType":"section","heading":"Delegations by Minister","content":"\t102 Delegations by Minister\n\nS. 102(1) amended by No. 22/2022 s. 131(1).\n\n(1) The Minister may by instrument delegate to any person or class of persons employed in the administration of this Act any power of the Minister under this Act or the regulations, other than this power of delegation and the powers under sections 26, 29 and 104.\n\nS. 102(2) inserted by No. 48/2010 s. 37, amended by No. 70/2013 s. 4(Sch. 2 item 26.4), substituted by Nos 22/2022 s. 131(2), 1/2024 s. 54.\n\n(2) Despite subsection (1), the Minister may by instrument delegate any power under section 26 or 29 to the Secretary or any other executive within the meaning of the **Public Administration Act 2004** employed in the administration of this Act.\n\nS. 103 amended by No. 22/2022 s. 132.\n\n","sortOrder":137},{"sectionNumber":"103","sectionType":"section","heading":"Delegations by Secretary","content":"\t103 Delegations by Secretary\n\nThe Secretary may by instrument delegate to any person or class of persons employed in the administration of this Act any power of the Secretary under this Act or the regulations other than this power of delegation.\n\n\t104 Fees\n\nS. 104(1) substituted by No. 22/2022 s. 133.\n\n(1) The Minister, by notice published in the Government Gazette, may fix fees to be paid for anything done—\n\n(a) in, or in connection with, the performance of a function or exercise of a power under this Act or the regulations or a legislative instrument made under this Act; or\n\n(b) otherwise for the purpose of furthering the objectives of this Act.\n\n(2) The power to fix fees under this section may be exercised—\n\n(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and\n\n(b) so as to make, with respect to cases in relation to which the power is exercised—\n\n(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or\n\n(ii) any such provision either unconditionally or subject to any specified condition.\n\n","sortOrder":138},{"sectionNumber":"105","sectionType":"section","heading":"Protection of control programs","content":"\t105 Protection of control programs\n\nS. 105(1) substituted by No. 57/2003 s. 7(1).\n\n(1) The Secretary may by order in writing certify that—\n\n(a) an outbreak of an exotic disease exists in any part or area of Victoria; or\n\n(b) an outbreak of an exotic disease exists in any other part or area of Australia outside Victoria and it is necessary or expedient to take action or to make any authorisation or declaration under this Act to prevent, or reduce the risk of, the spread of the disease to Victoria.\n\nS. 105(2) amended by No. 57/2003 s. 7(2).\n\n(2) When such an order has been made, no proceedings for an injunction, or for any order in the nature of a prerogative writ or of any other kind may be instituted or continued in any court against the Minister, the Secretary, an inspector or any other person that would stop, prevent or restrain the Minister, Secretary, inspector or other person from taking or purporting to take any action or making any declaration or authorisation under this Act in relation to or in consequence of an outbreak or suspected outbreak of an exotic disease (whether within Victoria or any other part or area of Australia referred to in an order under subsection (1)(b)).\n\n(3) An order under this section—\n\n(a) comes into force on the date it is signed; and\n\n(b) must be notified in the Government Gazette within 5 days after that date.\n\n(4) Nothing in this section prevents the institution or continuation in any court of any action or proceedings to recover damages in respect of any loss incurred or damage suffered as a result of any act or omission in the negligent exercise or purported exercise by any person of a power or authority conferred by or under this Act.\n\n","sortOrder":139},{"sectionNumber":"106","sectionType":"section","heading":"Protection of persons assisting inspector","content":"\t106 Protection of persons assisting inspector\n\nA person is not personally liable for anything done or omitted to be done in good faith at the request of an inspector to provide assistance to the inspector—\n\n(a) in the exercise of a power or authority of the inspector under this Act; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or authority of the inspector under this Act.\n\n","sortOrder":140},{"sectionNumber":"107","sectionType":"section","heading":"Non-compliance under order","content":"\t107 Non-compliance under order\n\n(1) If a person fails for any reason to comply with an order of the Minister or the Secretary or a direction by an inspector or any other requirement under this Act, an inspector may cause the order, direction or requirement to be carried out.\n\n(2) All reasonable costs and expenses incurred by an inspector as a result of the failure of any person to comply with any such order, direction or requirement may be recovered by the Minister from—\n\n(a) the person to whom the order or direction was given or at whom the requirement was made; or\n\n(b) any other person who was responsible for that person's failure to comply with the order, direction or requirement—\n\nas a debt due and arising to the Crown in any court of competent jurisdiction.\n\nS. 107A inserted by No. 73/1996 s. 47.\n\n","sortOrder":141},{"sectionNumber":"107A","sectionType":"section","heading":"Information collection","content":"\t107A Information collection\n\nThe functions of the Secretary under this Act include—\n\nS. 107A(a) amended by No. 22/2022 s. 134(a).\n\n(a) the establishment of an information system which includes records required to be kept by the Secretary under this Act or the regulations, the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992** and the **Stock (Seller Liability and Declarations) Act 1993** and regulations made under those Acts;\n\nS. 107A(b) substituted by No. 22/2022 s. 134(b).\n\n(b) the analysis of the information and the publication of the information in accordance with this Act or the regulations or the Act or regulations by or under which the records are required to be kept by the Secretary.\n\nS. 107B inserted by No. 73/1996 s. 47, amended by Nos 83/1998 s. 10, 48/2010 s. 38, 60/2012 s. 27, 70/2013 s. 4(Sch. 2 items 26.5, 26.6), 22/2022 s. 135, substituted by No. 1/2024 s. 3.\n\n","sortOrder":142},{"sectionNumber":"107B","sectionType":"section","heading":"Record-keeping by the Secretary","content":"\t107B Record-keeping by the Secretary\n\nThe Secretary must keep the following records and information—\n\n(a) notifications given to an inspector under section 7;\n\n(b) information made available to the Secretary by a Council under section 107E;\n\n(c) records required by the regulations in connection with the movement of livestock;\n\n(d) records in connection with the tagging of livestock under section 9A;\n\n(e) applications for property identification codes under section 9B and the codes allocated under that section;\n\n(f) agreements entered into by the Secretary under section 17;\n\n(g) contracts entered into by the Secretary under section 18;\n\n(h) applications for registration under section 48;\n\n(i) applications for compensation under Part 5;\n\n(j) records made or information collected by an inspector in connection with the performance of a function or exercise of a power under Division 2 or 3 of Part 8;\n\n(k) records of notification under sections 11 and 12 of the **Stock Diseases Act 1968** in the possession or under the control of the Secretary immediately before the repeal of that Act;\n\n(l) records in the possession or under the control of the Secretary under the **Bees Act 1971** immediately before the repeal of that Act.\n\nS. 107BA inserted by No. 1/2024 s. 3.\n\n107BA Availability of records and information kept under section 107B—purposes other than emergency preparation or response\n\n(1) Records and information kept by the Secretary under section 107B may be made available to a relevant person in the following circumstances—\n\n(a) if the Secretary is satisfied that making the records available—\n\n(i) is in the public interest; or\n\n(ii) will assist the relevant person to protect domestic or export markets for livestock or livestock products;\n\n(b) if making the record available is for the purpose of—\n\n(i) reuniting livestock with its owner; or\n\n(ii) the administration or enforcement of this Act or any other Act, or an Act of another State, a Territory or the Commonwealth, or regulations under any such Act; or\n\n(iii) assisting the relevant person to perform a function or exercise a power under this Act or any other Act, or an Act of another State, a Territory or the Commonwealth, or regulations under any such Act; or\n\n(iv) a legal proceeding under this Act or any other Act, or an Act of another State, a Territory or the Commonwealth, or regulations under any such Act; or\n\n(v) a report of a legal proceeding referred to in subparagraph (iv); or\n\n(vi) protecting the safety of any person to whom the record relates or protecting public safety; or\n\n(vii) research or analysis work, including surveys, relating to livestock disease or the objectives of this Act.\n\n(2) Records and information kept by the Secretary under section 107B may be made available to any person in the following circumstances—\n\n(a) if the record or information does not identify any person—on the written application of the person;\n\n(b) if the record or information does identify a person—with the consent of the person identified.\n\n***relevant person*** means—\n\n(a) a prescribed person or a person belonging to a prescribed class of person; or\n\n(b) a person with whom the Secretary has entered into an agreement for the purposes of this section; or\n\n(c) an authorised officer within the meaning of the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992** or the **Wildlife Act 1975**; or\n\n(d) an authorized officer within the meaning of the **Drugs, Poisons and Controlled Substances Act 1981**; or\n\n(e) a meat inspector within the meaning of the **Stock (Seller Liability and Declarations) Act 1993**; or\n\n(f) an emergency services agency as defined in section 4(1) of the **Emergency Management Act 1986**; or\n\n(g) a person who is employed under Part 3 of the **Public Administration Act 2004** and is—\n\n(i) approved as a general inspector under section 18(1) of the **Prevention of Cruelty to Animals Act 1986**; or\n\n(ii) appointed as a specialist inspector under section 18A(1) of the **Prevention of Cruelty to Animals Act 1986**; or\n\n(h) a water corporation within the meaning of the **Water Act 1989**; or\n\n(i) a person employed or engaged in the administration of—\n\n(i) this Act or the regulations; or\n\n(ii) the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992**, the **Stock (Seller Liability and Declarations) Act 1993** or regulations made under those Acts; or\n\n(iii) any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act.\n\nS. 107BB inserted by No. 1/2024 s. 3.\n\n\t107BB Availability of records and information kept under section 107B—disease prevention and emergency planning\n\n(1) Records and information kept by the Secretary under section 107B (whether or not the record or information identifies any person, body, property, animal or premises) may be made available to a relevant person in the following circumstances—\n\n(a) if the Secretary is satisfied that making the record or information available will assist to prevent, monitor or control the spread of a disease;\n\n(b) if making the record or information available is for the purpose of carrying out emergency planning, preparation, response or recovery.\n\n(2) In this section—\n\n***relevant person*** has the same meaning as in section 107BA.\n\nS. 107BC inserted by No. 1/2024 s. 3.\n\n\t107BC Conditions and fees\n\nThe Secretary may—\n\n(a) place any condition on the use or disclosure of any records or information made available under section 107BA or 107BB; and\n\n(b) charge a fee fixed by the Secretary by notice published in the Government Gazette for access to, or copies or extracts from, any records kept under section 107B.\n\nS. 107BD inserted by No. 1/2024 s. 3.\n\n\t107BD Availability of emergency-related records and information\n\n(1) Subject to this section, a permitted person may apply to the Secretary for emergency-related records or information to be disclosed to the person for the purpose of planning or preparing for, responding to, or recovering from, an emergency.\n\n(2) A request for emergency-related records or information must—\n\n(a) be made in writing; and\n\n(b) specify the purpose of the request; and\n\n(c) describe the emergency-related records or information being requested.\n\n(3) The Secretary, or a delegate of the Secretary who is an executive within the meaning of the **Public Administration Act 2004**, may authorise a person employed or engaged in the administration of this Act  to disclose to the permitted person the whole or any part of the emergency-related records or information specified in the request that the Secretary or delegate is satisfied is reasonably required by the permitted person for the purposes of planning or preparing for, responding to, or recovering from, an emergency.\n\n(4) A person authorised by the Secretary or delegate under subsection (3) must not disclose to the permitted person any emergency-related records or information that are beyond the scope of the authorisation.\n\n***emergency-related records or information*** means records kept by or information known to the Secretary, including any record or information that includes personal information within the meaning of the **Privacy and Data Protection Act 2014**, that is created or acquired in connection with the Secretary's planning or preparing for, responding to, or recovering from, an emergency;\n\n***permitted person*** means—\n\n(a) a person employed or engaged in the administration of—\n\n(i) this Act or the regulations; or\n\n(ii) the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992**, the **Stock (Seller Liability and Declarations) Act 1993** or the regulations made under those Acts; or\n\n(iii) any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act; or\n\n(b) a person with whom the Secretary has entered into an agreement for the purposes of this section.\n\n**Example**\n\nA laboratory performing testing for or on behalf of the Commonwealth, a State or a Territory.\n\nS. 107C inserted by No. 73/1996 s. 47.\n\n","sortOrder":143},{"sectionNumber":"107C","sectionType":"section","heading":"Secrecy","content":"\t107C Secrecy\n\nS. 107C(1) amended by No. 1/2024 s. 4.\n\n(1) A person who has at any time—\n\n(a) exercised a power or discharged a function under this Act or the regulations; or\n\n(b) been employed for the purposes of, or in connection with, the administration of this Act or the regulations—\n\nmust not divulge or communicate to any person or publish any records or information referred to in section 107B unless the divulgence, communication or publication is made in accordance with that section.\n\n1. 60 penalty units\n\nS. 107C(2) amended by Nos 83/1998 s. 12(c), 1/2024 s. 4.\n\n(2) A person or body to whom records or information is made available under section 107B, and a person or employee under the control of that person or body, is subject, in respect of that records or information, to the same rights, privileges, obligations and liabilities under this section as if that person, body or employee were a person referred to in subsection (1).\n\nS. 107D inserted by No. 69/2011 s. 46.\n\n","sortOrder":144},{"sectionNumber":"107D","sectionType":"section","heading":"Disclosure of information to Commissioner of State Revenue in relation to the administration of duty","content":"\t107D Disclosure of information to Commissioner of State Revenue in relation to the administration of duty\n\nThe Secretary may disclose information obtained under or in relation to the administration of Part 6 or Chapter 10 of the **Duties Act 2000** to the Commissioner of State Revenue in connection with the administration or execution of—\n\n(a) Part 6 and the regulations made under this Act for the purposes of that Part; and\n\n(b) the **Duties Act 2000** and the regulations made under it.\n\nS. 107E inserted by No. 1/2024 s. 57.\n\n","sortOrder":145},{"sectionNumber":"107E","sectionType":"section","heading":"Secretary may request information relating to land from Councils","content":"\t107E Secretary may request information relating to land from Councils\n\n(1) The Secretary, for or in connection with the administration of, or in carrying out the Secretary's functions under this Act or the regulations, may make a written request to a Council for the following information relating to land in the municipal district of that Council—\n\n(a) the address of the land;\n\n(b) the name, address and contact details of the owner of the land;\n\n(c) if the owner does not occupy the land, the name, address and contact details of the occupier (if available);\n\n(d) the zone under the planning scheme applying to the land;\n\n(e) the purpose for which the land is used;\n\n(f) any numbers or codes held by the Council which can be used to identify the land.\n\n(2) A Council must make available to the Secretary any information relating to land in the municipal district of the Council that has been requested in writing by the Secretary under subsection (1).\n\n***Council*** has the same meaning as in section 3(1) of the **Local Government Act 2020**;\n\n***planning scheme*** means a planning scheme made under the **Planning and Environment Act 1987** as that planning scheme is in force from time to time.\n\nPart 8—Enforcement\n\nDivision 1—Inspectors\n\n\t108 Inspectors\n\nS. 108(1) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 116.1).\n\n(1) The Secretary may, by instrument appoint any person employed under Part 3 of the **Public Administration Act 2004** to be an inspector for the purposes of all or any of the provisions of this Act and in respect of all or any livestock.\n\nS. 108(2) substituted by No. 57/2003 s. 8(1).\n\n(2) If the Secretary makes an order under section 105 that an outbreak of exotic disease exists in any part or area of Victoria or in any part or area of Australia, the Secretary may, by instrument appoint—\n\n(a) any suitably qualified person to be an inspector;\n\nS. 108(2)(b) amended by Nos 37/2014 s. 10(Sch. item 97.2(a)), 1/2024 s. 15(1).\n\n(b) persons employed or engaged by emergency services agencies within the meaning of the **Emergency Management Act 1986** to be inspectors—\n\nfor the purposes of all or any of the provisions of this Act and in respect of all or any livestock specified in the instrument for the period that the order remains in force.\n\nS. 108(2AA) inserted by No. 48/2010 s. 39(1), amended by No. 1/2024 s. 59(2).\n\n(2AA) The Secretary may, by instrument appoint a person, who is appointed as an inspector under a corresponding law of the Commonwealth or of another State or a Territory of the Commonwealth, to be an inspector for the purposes of all or any of the provisions of this Act and in respect of all or any livestock if—\n\n(a) there is an outbreak of a disease other than an exotic disease; or\n\n(b) in the event of an emergency.\n\nS. 108(2A) inserted by No. 57/2003 s. 8(1).\n\n(2A) A person in a class of persons appointed under subsection (2)(b) may perform all of the functions and exercise all of the powers of an inspector under Division 3 of this Part.\n\nS. 108(2AB) inserted by No. 48/2010 s. 39(2).\n\n(2AB) A person in a class of persons appointed under subsection (2AA) in the event of an emergency may perform all of the functions and exercise all of the powers of an inspector under Division 3.\n\nS. 108(3) amended by Nos 57/2003 s. 8(2), 48/2010 s. 39(3).\n\n(3) The Secretary must issue an identification certificate to each inspector appointed under subsection (1), (2)(a) or (2AA) which sets out the provisions of this Act and the livestock the inspector is appointed to be an inspector for.\n\nS. 108(4) amended by Nos 57/2003 s. 8(2), 48/2010 s. 39(3).\n\n(4) An inspector appointed under subsection (1), (2)(a) or (2AA) must, in the course of performing his or her functions under this Act, produce his or her identification certificate to any person who requests its production.\n\nS. 108(5) inserted by No. 57/2003 s. 8(3).\n\n(5) An inspector appointed under subsection (2)(b) must, in the course of performing his or her functions or exercising his or her powers under this Act, produce to any person who requests its production—\n\nS. 108(5)(a) amended by Nos 37/2014 s. 10(Sch. item 97.2(b)), 1/2024 s. 15(2).\n\n(a) his or her identification as a person employed or engaged by an emergency services agency; and\n\n(b) in the case of a person employed or engaged by an emergency services agency, a copy of the instrument of appointment under subsection (2)(b).\n\nS. 108A inserted by No. 1/2024 s. 16.\n\n","sortOrder":146},{"sectionNumber":"108A","sectionType":"section","heading":"Police officers acting in capacity as inspectors","content":"\t108A Police officers acting in capacity as inspectors\n\n(1) A police officer acting in the capacity of an inspector may perform any function and may exercise any power of an inspector appointed under section 108.\n\n(2) A police officer who is not in uniform and who is in the course of performing a function or exercising a power (other than under a warrant) under this Act, on request, must produce the police officer's identification for inspection when performing that function or exercising that power.\n\nDivision 2—General powers of inspector\n\n","sortOrder":147},{"sectionNumber":"109","sectionType":"section","heading":"General powers of inspectors","content":"\t109 General powers of inspectors\n\nS. 109(1) amended by No. 35/2009 s. 95.\n\n(1) An inspector may for the purposes of exercising any power conferred on the inspector by this Act or determining whether this Act, the regulations or any order made under this Act are being or have been complied with—\n\n(a) enter and search any land, vehicle or place or any premises other than premises being used as a residence;\n\n(b) require a person—\n\n(i) to answer a question to the best of that person's knowledge, information and belief;\n\n(ii) take reasonable steps to provide information;\n\nS. 109(1)(c) amended by No. 22/2022 s. 136  \n(1)(a)(i)(ii).\n\n(c) require a person to produce (in any form or by any means including by means of electronic communication) any document or other thing that the inspector reasonably requires for ascertaining whether this Act is being complied with, and—\n\nS. 109(1)(c)(i) amended by No. 22/2022 s. 136(1)(a)(ii).\n\n(i) to examine that document or other thing; and\n\n(ii) to make copies of it or take extracts from it; and\n\nS. 109(1)(c)(iii) amended by No. 22/2022 s. 136  \n(1)(a)(ii)(iii).\n\n(iii) to remove the document or other thing for as long as is reasonably necessary for the purposes of analysis or to make copies or take extracts; and\n\n(d) muster, inspect, count, examine, mark for identification, test, vaccinate, treat or disinfect any livestock, livestock product, fodder or fitting or any item or receptacle;\n\nS. 109(1)(da) inserted by No. 1/2024 s. 17(1).\n\n(da) take and remove a thing, which the inspector reasonably believes—\n\n(i) has been, or may be, used in the identification of any livestock on the land; and\n\n(ii) is connected with a contravention of this Act or the regulations;\n\n**Example**\n\nAn ear tag.\n\nS. 109(1)(e) substituted by No. 22/2022 s. 136(1)(b).\n\n(e) take and remove for analysis or examination samples of or from, or specimens of, any land, vehicle, place or premises or any animal or other thing on, in or at the land, vehicle, place or premises;\n\n(f) conduct any analysis or examination of any livestock or livestock product or a sample or specimen of the livestock or livestock product;\n\nS. 109(1)(g) amended by No. 22/2022 s. 136(1)(c).\n\n(g) require an owner to muster, yard or secure the owner's livestock or to provide adequate facilities and assistance to allow the safe and efficient handling of livestock during inspection and during the taking of samples and specimens;\n\nS. 109(1)(h) inserted by No. 22/2022 s. 136(1)(d).\n\n(h) make a sketch or any still or moving image or audio-visual recording of any land, vehicle, place or premises or any animal or other thing on, in or at the land, vehicle, place or premises.\n\nS. 109(2) substituted by No. 1/2024 s. 17(2).\n\n(2) An inspector may, in performing any function or exercising any power under this Act, make use of any assistants whose help is reasonably required to perform that function or exercise that power.\n\n(3) An inspector who takes a sample or specimen under subsection (1)(e) must, if requested by the owner of the livestock, livestock product, fodder, fittings or vehicle or the owner or occupier of the land, premises or place, give that person a portion of that sample or specimen.\n\nS. 109(4) amended by No. 22/2022 s. 136(2).\n\n(4) An inspector may not exercise any powers under this section if the inspector fails to produce (in person or by means of electronic communication), on request, his or her identification certificate for inspection by the occupier of the land or premises or the person in charge or apparent control of the vehicle.\n\nS. 109A inserted by No. 1/2024 s. 18.\n\n","sortOrder":148},{"sectionNumber":"109A","sectionType":"section","heading":"Powers of entry with warrant","content":"\t109A Powers of entry with warrant\n\n(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to—\n\n(a) a specified dwelling; or\n\n(b) any other specified land, place, premises or vehicle to which the inspector has been, or is likely to be, refused admission.\n\n(2) A magistrate to whom an application under subsection (1) is made, if satisfied by evidence on oath or by affirmation or affidavit that it is reasonably necessary that the inspector should have access to the dwelling, land, place, premises or vehicle concerned for the purpose of exercising the inspector's powers or performing the inspector's functions under this Act, may issue a search warrant in accordance with the **Magistrates' Court Act 1989**.\n\n(3) A warrant under this section must specify a date not being later than one month from the date of issue upon which the warrant ceases to have effect.\n\n(4) Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector must announce that the inspector or person assisting is authorised by the warrant to enter the dwelling, land, place, premises or vehicle and give any person at the dwelling, land, place, premises or vehicle an opportunity to allow entry to the dwelling, land, place, premises or vehicle.\n\n(5) The inspector or a person assisting the inspector need not comply with subsection (4) if the inspector or person assisting believes on reasonable grounds that immediate entry is required to ensure—\n\n(a) the safety of any person; or\n\n(b) the effective execution of the search warrant is not frustrated.\n\n(6) If the occupier or another person who apparently represents the occupier is present when a search warrant is being executed, the inspector must—\n\n(a) in the case of a police officer who is not in uniform, produce the police officer's identification for inspection; and\n\n(b) in the case of an inspector who is not a police officer, produce the inspector's identity card for inspection; and\n\n(c) give to that person a copy of the execution copy of the warrant.\n\n","sortOrder":149},{"sectionNumber":"110","sectionType":"section","heading":"Quarantine notice","content":"\t110 Quarantine notice\n\n(1) An inspector who believes on reasonable grounds that, in order to prevent the spread of disease, it is necessary to do so, may by notice in writing order that any premises, place or vehicle be quarantined and kept secure so as to prohibit or restrict the movement of any livestock, livestock product, fodder or fitting onto or out of the premises, place or vehicle affected by the notice.\n\n(2) If a quarantine notice affects any premises or place, it may prohibit or restrict the movement of any vehicle onto or out of the premises or place.\n\n(3) A copy of the quarantine notice must be given to the owner or person in charge or in apparent control of the premises, place or vehicle to which the notice relates.\n\n","sortOrder":150},{"sectionNumber":"111","sectionType":"section","heading":"Duration of notice","content":"\t111 Duration of notice\n\nA quarantine notice remains in force until revoked by the Secretary.\n\nS. 112 amended by No. 1/2024 s. 45.\n\n","sortOrder":151},{"sectionNumber":"112","sectionType":"section","heading":"Offence","content":"\t112 Offence\n\nA person must not contravene any provision of a quarantine notice.\n\n1. In the case of a quarantine notice issued in respect of an exotic disease, 1200 penalty units or 24 months imprisonment or both.\n\n","sortOrder":152},{"sectionNumber":"113","sectionType":"section","heading":"Disinfection notice","content":"\t113 Disinfection notice\n\n(1) An inspector who believes on reasonable grounds that a vehicle or any premises or place where—\n\n(a) livestock or livestock products are commonly exposed for sale;\n\n(b) livestock are commonly exposed for exhibition, parade, racing or any other form of recreation or competition;\n\nS. 113(1)(ba) inserted by No. 7/2007 s. 9(1).\n\n(ba) livestock or livestock products are kept or commonly kept;\n\n(c) livestock or livestock products are processed for human or animal consumption—\n\nis infected with a disease may, by notice in writing to the owner or person in charge or apparent control of the premises, place or vehicle affected by the notice, require that person to disinfect—\n\n(d) the place, premises or vehicle specified in the notice;\n\nS. 113(1)(e) amended by No. 7/2007 s. 9(2).\n\n(e) any fodder, fitting or any other article within the premises, place or vehicle;\n\n(f) any vehicle within the premises or place.\n\n(2) A disinfection notice may—\n\n(a) specify the time within which the owner or person in charge or apparent control is required to comply with the notice;\n\n(b) specify the manner in which the disinfection is to be carried out.\n\nS. 114 amended by No. 1/2024 s. 46.\n\n","sortOrder":153},{"sectionNumber":"114","sectionType":"section","heading":"Offence","content":"\t114 Offence\n\nA person must not contravene any provision of a disinfection notice.\n\n1. In the case of a notice with respect to an exotic disease, 1200 penalty units or 24 months imprisonment or both.\n\n","sortOrder":154},{"sectionNumber":"115","sectionType":"section","heading":"Treatment notice","content":"\t115 Treatment notice\n\nS. 115(1) substituted by No. 40/2019 s. 57.\n\n(1) An inspector who believes on reasonable grounds that any livestock is infected with a disease or that the livestock may become infected with a disease (the ***affected livestock***) may by notice in writing to the owner or person in charge of the affected livestock require that person—\n\n(a) to submit the affected livestock for any examination, biological test, vaccination, inoculation or other treatment which the inspector considers necessary to prevent the introduction or spread of disease; and\n\n(b) to do all or any of the things set out in subsection (1A) during the following times—\n\n(i) while the affected livestock are waiting to be examined, biologically tested, vaccinated, inoculated or receive other treatment;\n\n(ii) while the affected livestock are being examined, biologically tested, vaccinated, inoculated or receiving other treatment;\n\n(iii) after the affected livestock have been examined, biologically tested, vaccinated, inoculated or received other treatment, but only until the inspector is satisfied that the affected livestock are no longer a potential vector for disease.\n\nS. 115(1A) inserted by No. 40/2019 s. 57.\n\n(1A) For the purposes of subsection (1)(b), the things that the owner or person in charge of the affected livestock may be required to do are any one or more of the following—\n\n(a) keep the affected livestock separated or isolated from other livestock;\n\n(b) keep livestock products of the affected livestock separated or isolated from other livestock products;\n\n(c) restrict or prohibit the sale or other disposition or movement of the affected livestock;\n\n(d) restrict or prohibit the sale or other disposition or movement of livestock products from the affected livestock.\n\nS. 115(2) substituted by No. 60/2012 s. 28, amended by No. 1/2024 s. 47.\n\n(2) A person must not contravene any provision of a treatment notice in respect of an exotic disease under this section.\n\nPenalty: 600 penalty units.\n\nS. 115(3) inserted by No. 60/2012 s. 28.\n\n(3) A person must not contravene any provision of a treatment notice in respect of a disease other than an exotic disease under this section.\n\nS. 115A inserted by No. 89/2001 s. 17.\n\n","sortOrder":155},{"sectionNumber":"115A","sectionType":"section","heading":"Identification notice","content":"\t115A Identification notice\n\n(1) An inspector who believes on reasonable grounds that any livestock is infected with a disease or that the livestock may become infected with a disease, by notice in writing to the owner or person in charge of the livestock, may require that person to—\n\n(a) tag or mark the livestock with identification of the livestock and the disease or suspected disease in the manner specified by the inspector in the notice; and\n\n(b) ensure that the livestock remain tagged and marked in that manner in the circumstances specified by the inspector in the notice.\n\n(2) An inspector who believes on reasonable grounds that any livestock should be tagged, marked, branded or otherwise identified in accordance with section 9 or 9A, by notice in writing to the owner or person in charge of the livestock, may require that person to—\n\n(a) tag, mark, brand or identify the livestock in the manner specified by the inspector in the notice; and\n\n(b) ensure that the livestock remain tagged, marked, branded or identified in that manner in the circumstances specified by the inspector in the notice.\n\nS. 115A(3) amended by No. 1/2024 s. 48.\n\n(3) A person must not contravene any provision of an identification notice under subsection (1).\n\n1. In the case of a notice with respect to an exotic disease, 600 penalty units.\n\nS. 115A(4) amended by No. 35/2009 s. 96.\n\n(4) A person must not contravene any provision of an identification notice under subsection (2).\n\nS. 115AB inserted by No. 22/2022 s. 137.\n\n\t115AB Removal notice in relation to feeding of pigs\n\n(1) An inspector who believes on reasonable grounds that a contravention of section 41(1) has occurred, is occurring or is about to occur may, by notice in writing, direct the relevant person to remove, destroy or dispose of the material to which the contravention relates.\n\n(2) A notice under subsection (1)—\n\n(a) must specify—\n\n(i) the material to which the direction applies; and\n\n(ii) the time within which the relevant person is required to comply with the direction; and\n\n(b) may specify the manner in which the direction is to be carried out.\n\n(3) If the relevant person is not at or in the premises, place or vehicle when the inspector proposes to give the direction to the relevant person, the inspector may leave the notice in a prominent place at or in the premises or place or on the vehicle or give the notice to the relevant person by means of electronic communication.\n\n(4) A relevant person must not contravene a direction given under subsection (1).\n\n***relevant person***, in relation to a contravention of section 41(1), means the owner or person in charge or in apparent control of the premises, place or vehicle where the material to which the contravention relates is found.\n\nDivision 3—Additional powers of inspectors for exotic diseases\n\nS. 115B inserted by No. 35/2009 s. 97.\n\n","sortOrder":156},{"sectionNumber":"115B","sectionType":"section","heading":"Inspectors powers in this Division are in addition to general powers","content":"\t115B Inspectors powers in this Division are in addition to general powers\n\nThe powers that an inspector has under this Division in respect of exotic diseases are in addition to the general powers under Division 2 that the inspector may exercise in respect of those diseases.\n\n","sortOrder":157},{"sectionNumber":"116","sectionType":"section","heading":"Search and entry and other powers","content":"\t116 Search and entry and other powers\n\n(1) For the purpose of exercising the powers of an inspector under this Act relating to exotic diseases, an inspector, with or without assistants, may do any of the following—\n\n(a) enter and search any premises or place other than a dwelling;\n\n(b) with the consent of the occupier or in pursuance of a warrant, enter and search any dwelling;\n\n(c) stop, board, enter, search or detain any vehicle;\n\nS. 116(1)(ca) inserted by No. 1/2024 s. 19(1).\n\n(ca) direct a person in control of a vehicle to move the vehicle to another place including by a specified route;\n\n(d) break open and search any box, container, package or receptacle (including any place that could be used as a receptacle);\n\n(e) muster, inspect, count, examine, mark for identification, test, vaccinate, treat, disinfect or take samples from any livestock, livestock product, fodder or fitting or any item or receptacle;\n\n(f) stop the movement or order the movement or mustering of any livestock or livestock product, for the purpose of any inspection, examination, test, vaccination, treatment, disinfection or the taking of samples;\n\n(g) remove or cause to be removed to another place any livestock, livestock product, fodder, fitting or vehicle or any item or receptacle;\n\n(h) inspect, examine, test, disinfect, fumigate or take samples from any premises, place, area, fodder, fitting or vehicle;\n\nS. 116(1)(i) amended by No. 1/2024 s. 19(2).\n\n(i) search for, track, mark for identification, test, treat, vaccinate or destroy any wildlife, undomesticated livestock, insects or vermin;\n\nS. 116(1)(j) inserted by No. 1/2024 s. 19(3).\n\n(j) if the inspector believes it to be reasonably necessary, direct a person to take a specified action for the purposes of preventing, eradicating, controlling or monitoring an outbreak of an exotic disease.\n\n(2) An inspector may, if in the opinion of that inspector it is necessary to do so, use reasonable force to restrain a person who is apparently acting contrary to a requirement of this Act relating to exotic diseases from so acting.\n\n","sortOrder":158},{"sectionNumber":"117","sectionType":"section","heading":"Notice requesting assistance","content":"\t117 Notice requesting assistance\n\n(1) An inspector may by notice in writing direct an owner or person in charge or in apparent control of any premises, place or vehicle that the inspector reasonably suspects to be infected with an exotic disease to give such reasonable assistance specified in the notice as the inspector requires for the purpose of exercising the inspector's powers or performing the inspector's functions under this Act.\n\n(2) Without limiting subsection (1), a notice may direct the person to whom it is addressed to do any of the following—\n\n(a) vaccinate any livestock belonging to or under the control or in the charge of that person;\n\n(b) muster any livestock belonging to or under the control or in the charge of that person;\n\n(c) confine, within an escape-proof enclosure or cage approved by the inspector, any livestock belonging to or under the control or in the charge of that person;\n\n(d) repair any fence, cage, netting, gate, yard, enclosure or container to render it escape‑proof to the satisfaction of the inspector;\n\n(e) provide any facilities, including yards and crushes, that the inspector requires to inspect, examine, treat, vaccinate or take samples from any livestock;\n\n(f) muzzle any dog;\n\n(g) disinfect himself or herself in a manner specified by the inspector before leaving any premises, place or vehicle.\n\n(3) A notice under this section—\n\n(a) must state the time within which the person to whom it is addressed is required to comply with the direction; and\n\n(b) may specify the manner in which the direction is to be carried out.\n\nS. 117(4) amended by No. 1/2024 s. 49.\n\n(4) A person must not neglect or fail to comply with a direction given under this section.\n\n1. 600 penalty units or 12 months imprisonment or both.\n\n","sortOrder":159},{"sectionNumber":"118","sectionType":"section","heading":"Power to obtain information","content":"\t118 Power to obtain information\n\n(1) For the purpose of preventing, controlling or eradicating an exotic disease, an inspector may do any of the following—\n\n(a) require a person to answer any question that the inspector reasonably believes may provide information bearing on the prevention, control or eradication of the disease;\n\n(b) require a person to state the person's name and place of residence;\n\n(c) require a person to produce any record or other document;\n\n(d) inspect and take extracts from or copies of any record or other document.\n\n(2) Such a requirement is not duly made unless, at the time of making the requirement, the person of whom the requirement is made has been informed by the inspector that a refusal or failure to furnish the answer, record or document, as the case may be, constitutes an offence.\n\n(3) A person cannot decline to answer any question that the person has been required to answer, or to produce any record or other document that the person has been required to produce, on the ground that the answer, record or document might tend to incriminate the person.\n\n(4) If, before answering the question or producing the record or document, the person claims that the answer, record or document might tend to incriminate the person, then neither the question nor the answer, nor any record or document produced, is admissible in evidence against the person in any criminal proceedings other than proceedings relating to—\n\n(a) the refusal or failure to answer any question or produce any record or document; or\n\n(b) the furnishing of any answer, record or document that is false or misleading.\n\nS. 119 (Heading) inserted by No. 35/2009 s. 98.\n\n","sortOrder":160},{"sectionNumber":"119","sectionType":"section","heading":"Power of seizure and impoundment","content":"\t119 Power of seizure and impoundment\n\nAn inspector may seize and impound any livestock, livestock product, fodder or fitting, or any vehicle—\n\n(a) that is placed, exposed, moved, imported or sold contrary to a prohibition or restriction relating to exotic diseases imposed by or under this Act; or\n\n(b) which the inspector reasonably suspects to be infected with an exotic disease; or\n\n(c) which is astray in or near an area declared under Part 3 or at or near a place where there has been an outbreak of any exotic disease.\n\n","sortOrder":161},{"sectionNumber":"120","sectionType":"section","heading":"Seized livestock and property","content":"\t120 Seized livestock and property\n\nS. 120(1) amended by No. 48/2010 s. 40.\n\n(1) If, in the opinion of an inspector, it is necessary to do so in order to control, eradicate or prevent the spread of an exotic disease, the inspector may, with the approval of the Secretary, destroy any livestock or other thing seized under this Division.\n\n(2) If it is not thought necessary to destroy the livestock or other thing, it may be released by an inspector to anyone appearing to be lawfully entitled to it.\n\nS. 120(2A) inserted by No. 35/2009 s. 99.\n\n(2A) Before the release of any livestock or thing, the inspector may take any measure he or she considers necessary to eliminate any risk associated with it.\n\n(3) At the time of release, the inspector may by order in writing require measures to be taken to eliminate any risk associated with it.\n\n(4) Release may also be conditional on payment of any charges incurred, in accordance with the regulations, in connection with its impounding or other measures taken by an inspector.\n\nS. 121 amended by No. 6/2018 s. 68(Sch. 2 item 78), repealed by No. 1/2024 s. 20.\n\nS. 121A inserted by No. 60/2012 s. 29, amended by No. 9/2020 ss 388, 390(Sch. 1 item 63), repealed by No. 1/2024 s. 58.\n\nDivision 4—Additional powers with respect to bees\n\n","sortOrder":162},{"sectionNumber":"122","sectionType":"section","heading":"Inspector may order hives to be cleaned","content":"\t122 Inspector may order hives to be cleaned\n\n(1) An inspector may order a beekeeper to clean and disinfect any hives, livestock products of bees, fittings or other articles that in the inspector's opinion are liable to spread any disease in the manner and within the time directed by the inspector.\n\n(2) If an inspector certifies to the Secretary in writing that an article referred to in subsection (1) should be destroyed, the inspector may by order in writing direct the beekeeper to destroy the article within the time that the inspector directs.\n\nS. 122(3) amended by No. 71/2014 s. 22.\n\n(3) If the value of the article or articles to be destroyed exceeds $12 000, an order must not be made without the written approval of the Secretary.\n\n","sortOrder":163},{"sectionNumber":"123","sectionType":"section","heading":"Construction of hives","content":"\t123 Construction of hives\n\n(1) A person must not keep bees or permit bees to be kept in a hive—\n\n(a) which does not have moveable frames which may be separately and readily removed from the hive to allow examination of the honeycomb;\n\n(b) from which the honeycomb cannot be readily removed without cutting or tearing;\n\n(c) which cannot be readily handled for inspection.\n\n(2) If, in the opinion of an inspector, any hive does not comply with subsection (1), the inspector may order—\n\n(a) that the bees be transferred to another hive within any reasonable time that the inspector specifies in the order; or\n\n(b) that the hive or any honeycomb or frame in the hive be adjusted as specified by the inspector within the time specified in the order.\n\n(3) If at the end of the time specified in the order, an inspector is satisfied that the directions in the order have not been complied with the inspector may, at the expense of the owner, cause the bees to be transferred or destroyed.\n\n(4) If the estimated expense under subsection (3) exceeds $3000 the inspector must first obtain the approval of the Minister.\n\n","sortOrder":164},{"sectionNumber":"124","sectionType":"section","heading":"Direction to attend at hives","content":"\t124 Direction to attend at hives\n\n(1) An inspector may by notice in writing to a beekeeper, require the beekeeper to attend at the beekeeper's hives at the time specified in the notice and remove or cause to be removed from any hive such frame or honeycomb as the inspector requires and facilitate the inspection of the hive by the inspector.\n\n(2) An inspector must give a beekeeper at least 7 days notice under subsection (1) unless the inspector has reasonable grounds for believing the hives are infected with disease and advises the beekeeper of those grounds.\n\n","sortOrder":165},{"sectionNumber":"125","sectionType":"section","heading":"Abandoned hives","content":"\t125 Abandoned hives\n\n(1) If an inspector is satisfied on reasonable grounds that any bees, hives or fittings have been abandoned or are neglected the inspector may seize them and dispose of them in accordance with the regulations.\n\nS. 125(2) substituted by No. 12/2016 s. 27.\n\n(2) Any hives found on Crown land are taken to be abandoned for the purposes of this section if they are not authorised by one of the following licences, rights or permits currently in force—\n\n(a) a bee site licence granted under section 142 of the **Land Act 1958**;\n\n(b) a bee farm licence or a bee range area licence continued in force by section 417 of the **Land Act 1958**;\n\n(c) a right continued in force by section 418 or 419 of the **Land Act** **1958**;\n\n(d) a licence granted under section 17 or 17B of the **Crown Land (Reserves) Act 1978**—\n\n(i) by a trustee or a committee of management (other than Parks Victoria); or\n\n(ii) by Parks Victoria as committee of management or the Secretary, which is continued in force by section 17I of the **Crown Land (Reserves) Act 1978**;\n\n(e) a licence or permit granted under section 52(1) of the **Forests Act 1958** which is continued in force by section 104 of that Act;\n\n(f) a permit granted under section 21(1)(b) of the **National Parks Act 1975** which is continued in force by clause 26 of Schedule One AA to that Act;\n\n(g) a licence granted under section 16(2)(a) of the **Wildlife Act 1975** which is continued in force by section 106 of that Act.\n\nS. 125(3) substituted by No. 22/2022 s. 138.\n\n(3) If hives bear the registered brand of a registered beekeeper or the mark or brand issued to a beekeeper in the State or Territory where they are registered as a beekeeper, an inspector must not dispose of the hives unless the inspector has given at least 7 days' notice to the beekeeper of the inspector's intention to do so.\n\nDivision 5—Infringement notices\n\n","sortOrder":166},{"sectionNumber":"126","sectionType":"section","heading":"Power to serve a notice","content":"\t126 Power to serve a notice\n\nS. 126(1) amended by Nos 73/1996 s. 44(a)(b), 89/2001 s. 18(a)(b), 84/2008 ss 29, 36, 35/2009 s. 100 (as amended by No. 36/2009 s. 5), 48/2010 s. 41, 60/2012 s. 30, 40/2019 s. 58, 22/2022 s. 139, substituted by No. 1/2024 s. 50.\n\n(1) An inspector may serve an infringement notice on any person whom the inspector has reason to believe has committed an offence prescribed by the regulations as an offence in respect of which an infringement notice may be issued.\n\nS. 126(2) substituted by No. 32/2006 s. 94(Sch. item 29(1)).\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nSs 127, 128 repealed by No. 32/2006 s. 94(Sch. item 29(2)).\n\nS. 129 amended by Nos 35/2009 s. 101, 1/2024 s. 51.\n\n","sortOrder":167},{"sectionNumber":"129","sectionType":"section","heading":"Penalties to be paid for offences under infringement notices","content":"\t129 Penalties to be paid for offences under infringement notices\n\nThe penalty for an offence for which an infringement notice has been issued is the penalty prescribed by the regulations, which must not exceed 12 penalty units for an individual and 60 penalty units for a body corporate and must not exceed the penalty fixed by the Act for that offence.\n\nSs 130, 131 repealed by No. 32/2006 s. 94(Sch. item 29(2)).\n\nDivision 6—Provisions related to court proceedings\n\nS. 132 (Heading) inserted by No. 68/2009 s. 97(Sch. item 79.1).\n\nS. 132 amended by No. 68/2009 s. 97(Sch. item 79.2).\n\n","sortOrder":168},{"sectionNumber":"132","sectionType":"section","heading":"Power to file charge-sheets under this Act","content":"\t132 Power to file charge-sheets under this Act\n\nA charge-sheet charging an offence under this Act or under the regulations made under this Act, may only be filed by—\n\nS. 132(a) substituted by No. 37/2014 s. 10(Sch. item 97.3).\n\n(a) a police officer; or\n\n(b) an inspector appointed under section 108(1).\n\nS. 132A (Heading) amended by No. 68/2009 s. 97(Sch. item 79.3).\n\nS. 132A inserted by No. 35/2009 s. 102, amended by Nos 68/2009 s. 97(Sch. item 79.4), 22/2022 s. 140, 1/2024 s. 55.\n\n","sortOrder":169},{"sectionNumber":"132A","sectionType":"section","heading":"Time for charging certain offences under this Act","content":"\t132A Time for charging certain offences under this Act\n\nDespite anything to the contrary in section 7(1) of the **Criminal Procedure Act 2009**, proceedings for any offence under section 7(1), 8, 9B(6), 10(1), 12(1), 12(2), 39(1) or 91 or an offence under the regulations with respect to information about the movement of livestock that is prescribed for the purposes of this section, may be commenced within the period of three years after the date on which the alleged offence was committed.\n\nS. 133 substituted by No. 1/2024 s. 56.\n\n","sortOrder":170},{"sectionNumber":"133","sectionType":"section","heading":"Service of documents","content":"\t133 Service of documents\n\n(1) Except where otherwise provided for in this Act, any written notice or other document authorised or required by this Act to be served on or given to a person (including a body corporate) may be served on or given to that person—\n\n(a) in person; or\n\n(b) by sending it by post to the person at the person's usual or last known residential or business address; or\n\n(c) by leaving it at the person's usual or last known residential address with a person on the premises who is apparently at least 16 years old; or\n\n(d) by leaving it at the person's usual or last known business address with a person who is apparently employed at the premises and is apparently at least 16 years old; or\n\n(e) by sending it by electronic communication to the person at the person's usual or last known electronic address.\n\n(2) In addition to the methods in subsection (1), any written notice or other document may be served on or given to a body corporate under this Act by sending it by—\n\n(a) registered post to the body corporate, or to an employee, agent or officer of that body corporate, at the head office, registered office or principal place of business of the body corporate; or\n\n(b) electronic communication to the body corporate's email address or to the email address of an employee, agent or officer of that body corporate.\n\n","sortOrder":171},{"sectionNumber":"134","sectionType":"section","heading":"Persons liable for offences","content":"\t134 Persons liable for offences\n\n(1) If 2 or more persons are responsible for the same offence against this Act each of those persons is liable to the penalty provided by this Act for that offence and the liability of each of them is independent of the liability of any other person.\n\nS. 134(2) amended by No. 13/2013  \ns. 31.\n\n(2) If a body corporate is guilty of an offence against this Act (other than an offence under Part 6) any person who is concerned in or takes part in the management of that body corporate who knowingly authorised or permitted that contravention is also guilty of an offence and liable to a penalty for that offence.\n\nS. 134(3) amended by No. 73/1996  \ns. 45.\n\n(3) If a person who is guilty of an offence is a partnership or an unincorporated body the reference to a person must be construed as a reference to each member of the partnership or of the committee of management of the unincorporated body, as the case may be.\n\n","sortOrder":172},{"sectionNumber":"Div 7","sectionType":"division","heading":"General","content":"Division 7—General\n\n","sortOrder":173},{"sectionNumber":"135","sectionType":"section","heading":"Suspicion of infection","content":"\t135 Suspicion of infection\n\n(1) For the purposes of this Act, any livestock, place or thing may reasonably be suspected of being infected with a disease if there is reason to think that an agent, pathogen or organism capable of causing a disease is present in or on the livestock, place or thing.\n\n(2) It is not necessary, in order to form a reasonable suspicion that livestock is infected with a disease for the livestock to be exhibiting signs of the disease.\n\n(3) Any livestock or thing, may for the purposes of this Act, be reasonably suspected of being infected with a disease if it is or has been in or with a flock, group or herd, or is travelling or has travelled on any land or place, or in a vehicle, in which there was or is any livestock infected with a disease.\n\n(4) This section does not prejudice any other evidence or consideration by which an inspector or other person might reasonably suspect that any livestock, place or thing is infected with a disease.\n\n","sortOrder":174},{"sectionNumber":"136","sectionType":"section","heading":"Evidence of certain matters","content":"\t136 Evidence of certain matters\n\n(1) A document appearing to be a copy of an instrument of appointment of an inspector, a licence, registration certificate, approval or agreement issued, granted or made under this Act if accompanied by a certificate appearing to be signed by the Secretary to the effect that it is a copy is evidence and, in the absence of evidence to the contrary, is proof of the existence and contents of the original.\n\n(2) A certificate appearing to be signed by the Secretary to the effect that, on a date specified in the certificate, a person held or did not hold a licence, registration, approval or other authority under this Act specified in the certificate is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.\n\n","sortOrder":175},{"sectionNumber":"137","sectionType":"section","heading":"Offences relating to enforcement","content":"\t137 Offences relating to enforcement\n\nS. 137(1) amended by No. 35/2009 s. 103(2).\n\nS. 137(1)(a) substituted by No. 35/2009 s. 103(1).\n\n(a) obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate an inspector exercising his or her powers under this Act or the regulations; or\n\n(b) contravene a lawful direction, order or requirement of an inspector; or\n\n(c) refuse to answer a question lawfully asked by an inspector or to produce a document lawfully required by an inspector; or\n\n(d) give to an inspector any information or answer that is false or misleading; or\n\n(e) refuse to produce any livestock or livestock product, fodder or fitting when lawfully requested to do by an inspector; or\n\n(f) being the owner of livestock, after being requested by an inspector fail to muster, yard and secure the owner's livestock and provide sufficient assistance for the inspection; or\n\n(g) interfere with anything done by an inspector in the exercise of his or her powers under this Act or the regulations; or\n\n(h) include in an application or request to the Secretary under this Act or the regulations a statement that he or she knows to be false or misleading in a material respect.\n\n(2) Despite anything to the contrary in subsection (1) a person may refuse to answer an inspector's question or to produce a document to the inspector if the person believes that the answer or information in the document would tend to incriminate the person.\n\nS. 137A inserted by No. 48/2010 s. 42, amended by No. 22/2022 s. 141.\n\n","sortOrder":176},{"sectionNumber":"137A","sectionType":"section","heading":"Offence to make false or misleading statements","content":"\t137A Offence to make false or misleading statements\n\nA person must not, in making, keeping or providing any record, return, account or any other information under this Act or the regulations—\n\n(a) make a statement that is false or misleading in a material detail; or\n\n(b) fail to include any material matter in the record, return, account or information where the failure causes the record, return, account or information to be false or misleading.\n\n","sortOrder":177},{"sectionNumber":"138","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t138 Supreme Court—limitation of jurisdiction\n\nIt is the intention of this section to alter or vary section 85 of the **Constitution Act 1975** to the extent necessary to prevent the Supreme Court entertaining actions of a kind referred to in sections 105(2) and 106.\n\nS. 138A inserted by No. 57/2003 s. 9.\n\n","sortOrder":178},{"sectionNumber":"138A","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t138A Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 105(2) (as amended by  section 7(2) of the **Livestock Disease Control (Amendment) Act 2003**) to alter or vary section 85 of the **Constitution Act 1975**.\n\n","sortOrder":179},{"sectionNumber":"Part 9","sectionType":"part","heading":"Regulations","content":"Part 9—Regulations\n\n","sortOrder":180},{"sectionNumber":"139","sectionType":"section","heading":"Regulations","content":"\t139 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\nS. 139(1)(a) amended by No. 48/2010 s. 43(1).\n\n(a) regulating and fixing, for the purpose of preventing the introduction of disease into Victoria, the requirements for introducing livestock into Victoria;\n\n(b) the inspection of livestock introduced into Victoria;\n\nS. 139(1)(ba) inserted by No. 83/1998 s. 11, amended by No. 89/2001 s. 19(a).\n\n(ba) providing for the inspection or examination of livestock by persons handling livestock, the recording of the results of the inspection or examination by those persons together with any identification codes or numbers required by or under this Act to be tagged, marked or branded on the livestock or a device attached to or inserted in the livestock and the forwarding of those results and codes or numbers to the Secretary;\n\nS. 139(1)(bb) inserted by No. 83/1998 s. 11.\n\n(bb) the requirements for applying for authorisation under section 9C;\n\nS. 139(1)(bc) inserted by No. 89/2001 s. 19(b).\n\n(bc) requiring and providing for—\n\n(i) the recording of information in the manner specified by the Secretary about the movement of livestock and the identification of the livestock (including identification required by section 9 or 9A); and\n\n(ii) the forwarding of that information to the Secretary or a person nominated by the Secretary in the manner, or by the method of transmission, required by the Secretary;\n\nS. 139(1)(bd) inserted by No. 89/2001 s. 19(b), amended by No. 48/2010 s. 43(2).\n\n(bd) prohibiting or regulating the destruction, removal or disposal of tags, marks, brands or other devices for identifying livestock for the purposes of section 9 or 9A;\n\nS. 139(1)(be) inserted by No. 48/2010 s. 43(3).\n\n(be) regulating the return of used and unused tags, brands or other devices for identifying livestock for the purposes of section 9 or 9A;\n\nS. 139(1)(c) amended by No. 37/2000 s. 70(b).\n\n(c) prescribing the conditions and restrictions under which any milk from a cow, goat, sheep or buffalo to which section 45 applies may be sold, used or disposed of;\n\n(d) prohibiting or regulating the testing, vaccinating and inoculating of livestock and the use of any vaccine, serum or diagnostic agent;\n\n(e) procedures relating to the approval of sires for semen collection;\n\n(f) the prevention of the transmission of disease in the artificial breeding of livestock;\n\nS. 139(1)(fa) inserted by No. 48/2010 s. 43(4).\n\n(fa) prescribing persons or bodies who may nominate a person or persons for the purposes of sections 79 and 79I;\n\n(g) procedures for the valuation of any livestock, premises, livestock product, fodder, fittings or vehicle for the purposes of compensation;\n\nS. 139(1)(ga) inserted by No. 22/2022 s. 142.\n\n(ga) the making and keeping of records for the purposes of this Act or the regulations including, but not limited to—\n\n(i) the matters to be contained in records; and\n\n(ii) the period for which records are to be kept; and\n\n(iii) the manner in which records are to be kept; and\n\n(iv) the provision of records to the Secretary;\n\nS. 139(1)(gb) inserted by No. 22/2022 s. 142.\n\n(gb) the advertising or publishing of notices containing property identification codes or prescribed information in relation to the movement or sale of livestock for the purposes of this Act or regulations under this Act including, but not limited to—\n\n(i) the matters to be contained in notices; and\n\n(ii) the manner or place in which notices are to be advertised or published; and\n\n(iii) the duration for which notices are to be advertised or published;\n\n(h) any matter designed to prevent the introduction or spread of disease and to control and eradicate disease;\n\n(i) generally, any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstances; and\n\n(c) may leave any matter to be approved or determined by an inspector or the Secretary; and\n\n(d) may confer powers or impose duties on any person; and\n\n(e) may apply, adopt or incorporate by reference any document either—\n\nS. 139(2)(e)(i) amended by No. 73/1996 s. 46.\n\n(i) as in force at the date of the regulations or at any date before then or as amended and in force from time to time; or\n\n(ii) wholly or in part or as amended by the regulations; and\n\n(f) may require any application, return or other document to be verified by statutory declaration;\n\nS. 139(2)(g) amended by Nos 35/2009 s. 104, 1/2024 s. 52.\n\n(g) may impose penalties not exceeding 40 penalty units for any contravention of the regulations.\n\nS. 139(3) amended by No. 78/2010 s. 24(Sch. 1 item 17.1).\n\n(3) The regulations may be disallowed in whole or in part by resolution of either House of Parliament.\n\nS. 139(4) amended by No. 73/1996 s. 48(d), repealed by No. 78/2010 s. 24(Sch. 1 item 17.2).\n\n","sortOrder":181},{"sectionNumber":"Part 10","sectionType":"part","heading":"Repeals, amendments and transitional provisions","content":"Part 10—Repeals, amendments and transitional provisions\n\nSs 140, 141 repealed by No. 84/2008 s. 30.\n\nS. 142 repealed by No. 83/1998 s. 12(d).\n\n","sortOrder":182},{"sectionNumber":"143","sectionType":"section","heading":"Transitional provisions","content":"\t143 Transitional provisions\n\n(1) Schedule 3 contains transitional provisions.\n\n(2) Nothing in Schedule 3 affects or takes away from the **Interpretation of Legislation Act 1984**.\n\nS. 144 inserted by No. 84/2001 s. 7.\n\n","sortOrder":183},{"sectionNumber":"144","sectionType":"section","heading":"Saving of records of cattle sales kept under Auction Sales Act 1958","content":"\t144 Saving of records of cattle sales kept under Auction Sales Act 1958\n\n(1) This section applies to a person who—\n\n(a) was a licensed auctioneer immediately before 1 January 2002; and\n\n(b) is a person to whom section 94A(1) or (2) applies.\n\n(2) Subject to any regulations made for the purposes of section 94A or this section, a person to whom this section applies who kept a registry or book of cattle sales under section 35 of the **Auction Sales Act 1958** immediately before its repeal must keep that registry or book available for inspection under this Act and for that purpose section 94A applies as if that registry or book were a record required to be kept under that section.\n\nS. 145 inserted by No. 35/2009 s. 105.\n\n","sortOrder":184},{"sectionNumber":"145","sectionType":"section","heading":"Transitional provision—Primary Industries Legislation Amendment Act 2009","content":"\t145 Transitional provision—Primary Industries Legislation Amendment Act 2009\n\nSection 35(1) as amended by section 88 of the **Primary Industries Legislation Amendment Act 2009** does not apply to an importation order under section 32 in force immediately before the commencement of section 88 of that Act.\n\nS. 146 inserted by No. 35/2009 s. 105.\n\n","sortOrder":185},{"sectionNumber":"146","sectionType":"section","heading":"Transitional provision—Primary Industries Legislation Amendment Act 2009","content":"\t146 Transitional provision—Primary Industries Legislation Amendment Act 2009\n\nDespite the repeal of section 46 by section 90 of the **Primary Industries Legislation Amendment Act 2009**, any licence fee paid before the commencement of section 90 of that Act for a licence under section 46 that was in force immediately before that commencement is not refundable to the holder of that licence.\n\nS. 147 inserted by No. 48/2010 s. 44.\n\n","sortOrder":186},{"sectionNumber":"147","sectionType":"section","heading":"Transitional provision—Primary Industries Legislation Amendment Act 2010","content":"\t147 Transitional provision—Primary Industries Legislation Amendment Act 2010\n\nAny money which was, immediately before the commencement of section 29 of the **Primary Industries Legislation Amendment Act 2010**, standing to the credit of the Fund kept in the Public Account as part of the Trust Fund and known as the Bees Compensation Fund is on the commencement of that section transferred to the Honey Bee Compensation and Industry Development Fund.\n\nS. 148 inserted by No. 48/2010 s. 45.\n\n","sortOrder":187},{"sectionNumber":"148","sectionType":"section","heading":"Transitional provisions—Primary Industries Legislation Amendment Act 2010","content":"\t148 Transitional provisions—Primary Industries Legislation Amendment Act 2010\n\n(1) The Cattle Compensation Advisory Committee as constituted immediately before the commencement of section 31 of the **Primary Industries Legislation Amendment Act 2010** is abolished, and its members go out of office, on and from that commencement.\n\n(2) The Sheep and Goat Compensation Advisory Committee as constituted immediately before the commencement of section 33 of the **Primary Industries Legislation Amendment Act 2010** is abolished, and its members go out of office, on and from that commencement.\n\nS. 149 inserted by No. 71/2014 s. 23.\n\n","sortOrder":188},{"sectionNumber":"149","sectionType":"section","heading":"Transitional provision—Primary Industries Legislation Amendment Act 2014","content":"\t149 Transitional provision—Primary Industries Legislation Amendment Act 2014\n\nThe Apicultural Industry Advisory Committee is taken to be the same body despite the changes relating to its membership made by section 21 of the **Primary Industries Legislation Amendment Act 2014**.\n\nS. 150 inserted by No. 22/2022 s. 143.\n\n","sortOrder":189},{"sectionNumber":"150","sectionType":"section","heading":"Transitional provisions—Agriculture Legislation Amendment Act 2022","content":"\t150 Transitional provisions—Agriculture Legislation Amendment Act 2022\n\n(1) An Order referred to in section 42(2) (as in force immediately before the commencement of section 112 of the amending Act) that was in effect immediately before that commencement remains in effect after that commencement as if it had been made under section 42(2) as substituted by that Act.\n\n(2) An application under section 48 for registration as a beekeeper that was made but not decided before the commencement of section 116 of the amending Act is to be determined after that commencement in accordance with section 48(2) as in force immediately before that commencement.\n\n(3) An application under section 79HA that was made but not decided before the commencement of section 124 of the amending Act is to be determined after that commencement in accordance with section 79HB as in force immediately before that commencement.\n\n(4) A person who was a member of a Committee immediately before the relevant commencement day remains a member of the Committee on and after that day for the remainder of their term of appointment in accordance with their terms and conditions of appointment, unless the person is removed from office earlier by the Minister.\n\n(5) The amendment of section 97 by section 128 of the amending Act applies only in relation to applications referred to in section 97 that are made on or after the commencement of section 128 of the amending Act.\n\n(6) A notice in force under section 104(1) immediately before the commencement of section 133 of the amending Act continues in effect on and after that commencement, as if it were a notice made under section 104(1) as substituted by section 133 of the amending Act.\n\n***amending Act*** means the **Agriculture Legislation Amendment Act 2022**;\n\n***Committee*** means—\n\n(a) the Apicultural Industry Advisory Committee; or\n\n(b) the Cattle Compensation Advisory Committee; or\n\n(c) the Sheep and Goat Compensation Advisory Committee; or\n\n(d) the Swine Industry Projects Advisory Committee;\n\n***relevant commencement day*** means—\n\n(a) in relation to the Apicultural Industry Advisory Committee, the day on which section 120 of the amending Act comes into operation; or\n\n(b) in relation to the Cattle Compensation Advisory Committee, the day on which section 122 of the amending Act comes into operation; or\n\n(c) in relation to the Sheep and Goat Compensation Advisory Committee, the day on which section 125 of the amending Act comes into operation; or\n\n(d) in relation to the Swine Industry Projects Advisory Committee, the day on which section 127 of the amending Act comes into operation.\n\nS. 151 inserted by No. 1/2024 s. 12.\n\n","sortOrder":190},{"sectionNumber":"151","sectionType":"section","heading":"Transitional provisions—Biosecurity Legislation Amendment (Incident Response) Act 2024","content":"\t151 Transitional provisions—Biosecurity Legislation Amendment (Incident Response) Act 2024\n\n(1) The amendments made to Division 1 of Part 5 by Division 2 of Part 2 of the amending Act do not apply in respect of any application for compensation under Division 1 of Part 5 received by the Secretary before the commencement of Division 2 of Part 2 of the amending Act.\n\n(2) Section 65A(1) as inserted by section 11 of the amending Act does not apply in respect of an amount of compensation paid to an owner under Division 1 of Part 5 before the commencement of section 11 of the amending Act.\n\n***amending Act*** means the **Biosecurity Legislation Amendment (Incident Response) Act 2024**.\n\nSchedules\n\nSchedule 1—Membership and procedure of committees\n\nSections 70, 79, 87\n\nSch. 1 cl. 1  \namended by Nos 25/1997 s. 12, 48/2010 s. 46.\n\n\t1 Definition\n\nIn this Schedule—\n\n***Committee*** means—\n\n(a) the Apicultural Industry Advisory Committee; or\n\n(b) the Cattle Compensation Advisory Committee; or\n\n(c) the Swine Industry Projects Advisory Committee; or\n\n(d) the Sheep and Goat Compensation Advisory Committee.\n\n\t2 Terms of appointment\n\n(1) A member of a Committee holds office for a term, not exceeding 3 years, specified in the instrument of his or her appointment.\n\n(2) A member of a Committee is eligible for re-appointment.\n\n(3) The instrument of appointment of a member of a Committee may specify terms and conditions of appointment.\n\nSch. 1 cl. 3 amended by No. 46/1998 s. 7(Sch. 1).\n\n\t3 Remuneration\n\nA member of a Committee who is not a full-time employee of the public service is entitled to receive the fees and travelling and other allowances from time to time fixed by the Minister in respect of that member.\n\nSch. 1 cl. 3A inserted by No. 22/2022 s. 144(1).\n\n","sortOrder":191},{"sectionNumber":"3A","sectionType":"section","heading":"Chairperson","content":"\t3A Chairperson\n\n(1) The Minister must appoint one of the members of a Committee to be the chairperson of the Committee.\n\n(2) The appointment may be made in the instrument of appointment of the member or by any subsequent instrument.\n\nSch. 1 cl. 4 amended by No. 73/1996 s. 48(e).\n\n\t4 Vacancies\n\nThe office of a member becomes vacant if—\n\n(a) the member becomes incapable of performing the functions of member;\n\n(b) the member resigns in writing delivered to the Minister;\n\n(c) the member is removed from office by the Minister;\n\n(d) the member becomes bankrupt;\n\n(e) the member is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence;\n\n(f) the member is absent from 3 consecutive meetings of the Committee without leave granted by the Minister.\n\nSch. 1 cl. 5 amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 116.2), 80/2006 s. 26(Sch. item 62).\n\n\t5 Application of Public Administration Act 2004\n\nThe **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of a Committee in respect of the office of member.\n\n\t6 Validity of decisions\n\nAn act or decision of a Committee is not invalid only because of—\n\n(a) a vacancy in the office of a member; or\n\n(b) a defect or irregularity in the appointment of a member.\n\nSch. 1 cl. 6A inserted by No. 22/2022 s. 144(2).\n\n","sortOrder":192},{"sectionNumber":"6A","sectionType":"section","heading":"Quorum","content":"\t6A Quorum\n\nThe quorum of a Committee is a majority of the members for the time being.\n\n","sortOrder":193},{"sectionNumber":"7","sectionType":"section","heading":"Proceedings of Committee","content":"\t7 Proceedings of Committee\n\nSubject to this Act, the Committee may regulate its own proceedings.\n\nSch. 2 amended by Nos 92/1995 s. 161(Sch. 2 item 3.2), 73/1996 s. 48(f)(g), repealed by No. 83/1998 s. 12(d).\n\nSchedule 3—Transitional provisions\n\n\t1 Former committee\n\nOn the commencement of this clause the Swine Industry Projects Advisory Committee is abolished and its members go out of office.\n\n\t2 Former Trust Fund\n\nAny money which was, immediately before the commencement of this clause, standing to the credit of the fund kept in the Public Account as part of the Trust Fund and known as the \"Foot and Mouth Disease Eradication Fund\" is on the commencement of this clause transferred to the Exotic Diseases Fund.\n\n\t3 Licences, registrations and approvals\n\n(1) A licence in force under the **Stock (Artificial Breeding) Act 1962** or the **Stock Diseases Act 1968** immediately before the commencement of this clause continues as if granted under this Act for the balance of the licence period and may be renewed, revoked or suspended accordingly.\n\n(2) A registration in force under the **Bees Act 1971**, immediately before the commencement of this clause, continues as if granted under this Act for the balance of the registration period and may be renewed, revoked or suspended accordingly.\n\n(3) An approval of a sire in force under the **Stock (Artificial Breeding) Act 1962**, immediately before the commencement of this clause, continues as if granted under this Act for the balance of the period of approval and may be renewed, revoked or suspended accordingly.\n\n(4) Without limiting any other power to revoke a licence, registration or approval, the Secretary may serve on the licensee, or the holder of the registration or approval notice of cancellation of the licence, registration or approval referred to in this clause in order to enable a new licence, registration or approval to be issued under this Act.\n\n(5) A licence, registration or approval is revoked by force of this section on the 14th day after the date of service on the licensee or the holder of the approval or registration of notice under subclause (4).\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 15 November 1994*\n\n*Legislative Council: 8 December 1994*\n\nThe long title for the Bill for this Act was \"A Bill to provide for the monitoring and control of livestock diseases and to provide compensation for losses caused by certain livestock diseases, to repeal the **Bees Act 1971**, the **Cattle Compensation Act 1967**, the **Stock (Artificial Breeding) Act** **1962**, the **Stock Diseases Act 1968** and the **Swine Compensation Act 1967**, to amend the **Stamps Act 1958** and to make consequential amendments to various Acts and for other purposes.\".\n\n**Constitution Act 1975**:\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 15 November 1994*\n\n*Legislative Council: 8 December 1994*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 7 December 1994*\n\n*Legislative Council: 14 December 1994*\n\nThe **Livestock Disease Control Act 1994** was assented to on 20 December 1994 and came into operation as follows:\n\nSections 1, 2 on 20 December 1994: section 2(1); rest of Act (*except* sections 92(2), 93(2) and (4)) on 20 December 1995: section 2(3).\n\nSection 93(2) and (4) never proclaimed, repealed by No. 84/2008 s. 33.\n\nSection 92(2) on 1 July 2010: Government Gazette 17 June 2010 page 1221.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Livestock Disease Control Act 1994** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Fisheries Act 1995, No. 92/1995**\n\n| Assent Date: | 5.12.95 |\n| Commencement Date: | S. 161(Sch. 2 item 3) on 1.4.98: Government Gazette 26.2.98 p. 418 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Trustee and Trustee Companies (Amendment) Act 1995, No. 104/1995**\n\n| Assent Date: | 5.12.95 |\n| Commencement Date: | 1.1.96: s. 2 |\n| Current State: | All of Act in operation |\n\n**Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996**\n\n| Assent Date: | 17.12.96 |\n| Commencement Date: | Ss 31–48 on 17.12.96: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Livestock Disease Control (Amendment) Act 1997, No. 25/1997**\n\n| Assent Date: | 20.5.97 |\n| Commencement Date: | Pt 1 (ss 1, 2) on 20.5.97: s. 2(1); rest of Act on 1.7.97: Government Gazette 26.6.97 p. 1432 |\n| Current State: | All of Act in operation |\n\n**Veterinary Practice Act 1997, No. 58/1997**\n\n| Assent Date: | 28.10.97 |\n| Commencement Date: | S. 96(Sch. item 6) on 17.3.98: Government Gazette 12.3.98 p. 520 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998**\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | S. 311(Sch. 1 item 53) on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Livestock Disease Control (Amendment) Act 1998, No. 83/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | Ss 3, 5, 12 on 17.11.98: s. 2(1); ss 4, 11 on 1.4.99: Government Gazette 1.4.99 p. 763; ss 6–10 on 30.6.99: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**National Taxation Reform (Consequential Provisions) Act 2000, No. 6/2000**\n\n| Assent Date: | 11.4.00 |\n| Commencement Date: | S. 35 on 12.4.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Dairy Act 2000, No. 37/2000**\n\n| Assent Date: | 6.6.00 |\n| Commencement Date: | S. 70 on 30.9.00: Government Gazette 28.9.00 p. 2375 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 73.1) on 20.12.94: s. 2(2)(o); s. 3(Sch. 1 item 73.2) on 22.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Duties Act 2000, No. 79/2000**\n\n| Assent Date: | 28.11.00 |\n| Commencement Date: | S. 285(Sch. 1 item 3) on 1.7.01: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Auction Sales (Repeal) Act 2001, No. 84/2001**\n\n| Assent Date: | 11.12.01 |\n| Commencement Date: | S. 7 on 1.1.02: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Livestock Disease Control (Amendment) Act 2001, No. 89/2001**\n\n| Assent Date: | 11.12.01 |\n| Commencement Date: | Ss 4–14, 16–18(a), 19 on 1.1.02: Government Gazette 20.12.01 p. 3127; s. 18(b) on 1.7.02: s. 2(2); s. 15 on 23.5.03: Government Gazette 22.5.03 p. 1178 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Fisheries (Amendment) Act 2003, No. 56/2003**\n\n| Assent Date: | 16.6.03 |\n| Commencement Date: | S. 11(Sch. item 9) on 17.6.03: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Livestock Disease Control (Amendment) Act 2003, No. 57/2003**\n\n| Assent Date: | 16.6.03 |\n| Commencement Date: | Ss 3–9 on 17.6.03: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004**\n\n| Assent Date: | 19.10.04 |\n| Commencement Date: | Ss 46, 47 on 20.10.04: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 116) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | S. 94(Sch. item 29) on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 62) on 11.10.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Livestock Disease Control Amendment Act 2007, No. 7/2007** (as amended by No. 40/2019)\n\n| Assent Date: | 23.4.07 |\n| Commencement Date: | Ss 3–5, 9 on 24.4.07: s. 2(1); ss 6–8 never proclaimed, repealed by No. 40/2019 s. 103(c) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**State Taxation Acts Further Amendment Act 2008, No. 84/2008**\n\n| Assent Date: | 11.12.08 |\n| Commencement Date: | Ss 22–30 on 1.1.09: s. 2(3); ss 31–34 on 1.7.09: s. 2(4); ss 35, 36 on 1.7.10: Government Gazette 17.6.10 p. 1221 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Primary Industries Legislation Amendment Act 2009, No. 35/2009** (as amended by No. 36/2009)\n\n| Assent Date: | 30.6.09 |\n| Commencement Date: | Ss 76–105 on 1.7.09: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 79) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Primary Industries Legislation Amendment Act 2010, No. 48/2010**\n\n| Assent Date: | 24.8.10 |\n| Commencement Date: | Ss 15–17, 19–30, 32, 34–43(3), 44, 46 on 1.10.10: Government Gazette 30.9.10 p. 2286; ss 18, 31, 33, 43(4), 45 on 30.11.12: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Subordinate Legislation Amendment Act 2010, No. 78/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 24(Sch. 1 item 17) on 1.1.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 3(Sch. 1 item 53) on 22.6.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**State Taxation Acts Further Amendment Act 2011, No. 69/2011**\n\n| Assent Date: | 29.11.11 |\n| Commencement Date: | Ss 42–47 on 30.11.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Primary Industries and Food Legislation Amendment Act 2012, No. 60/2012**\n\n| Assent Date: | 23.10.12 |\n| Commencement Date: | S. 72(2) on 24.10.12: s. 2(1); ss 17−30 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013**\n\n| Assent Date: | 13.3.13 |\n| Commencement Date: | Ss 31, 32 on 14.3.13: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 4(Sch. 2 item 26) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Emergency Management Act 2013, No. 73/2013**\n\n| Assent Date: | 3.12.13 |\n| Commencement Date: | S. 95 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 97) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Primary Industries Legislation Amendment Act 2014, No. 71/2014**\n\n| *Assent Date:* | 30.9.14 |\n| *Commencement Date:* | Ss 17–23 on 1.7.15: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016**\n\n| Assent Date: | 5.4.16 |\n| Commencement Date: | S. 27 on 1.12.16: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Livestock Disease Control Amendment Act 2016, No. 49/2016**\n\n| *Assent Date:* | 20.9.16 |\n| *Commencement Date:* | Ss 3, 5, 11, 12 on 1.1.17: Special Gazette (No. 368) 29.11.16 p. 1; ss 4, 6–10 on 1.3.17: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 78) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Primary Industries Legislation Amendment Act 2019, No. 40/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | Ss 51, 55–57 on 17.12.19: Special Gazette (No. 537) 17.12.19 p. 2; ss 49, 50, 52–54, 58, 59 on 1.2.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | Ss 388, 390(Sch. 1 item 63) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Public Health and Wellbeing Amendment Act 2022, No. 15/2022**\n\n| Assent Date: | 12.4.22 |\n| Commencement Date: | S. 26 on 15.2.23: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Agriculture Legislation Amendment Act 2022, No. 22/2022**\n\n| Assent Date: | 15.6.22 |\n| Commencement Date: | Ss 108–111, 116–134, 136–144 on 1.10.22: Special Gazette (No. 506) 27.9.22 p. 1; ss 112–115, 135 on 5.4.23: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n**Biosecurity Legislation Amendment (Incident Response) Act 2024, No. 1/2024**\n\n| *Assent Date:* | 13.2.24 |\n| *Commencement Date:* | Ss 5−13, 17−49, 51−59 on 22.4.24: Special Gazette (No. 182) 16.4.24 p. 1; ss 3, 4, 14–16, 50 on 1.10.24: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Livestock Disease Control Act 1994** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":194}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":717},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1994 focus on disease control and compensation. Major scope creep includes: (1) extensive livestock identification and tracking systems added 1996-2010; (2) vendor declaration requirements creating a de facto supply chain documentation regime; (3) duty collection machinery linking to the Duties Act 2000; (4) information sharing provisions with multiple other agencies; (5) emergency response powers expanded after 2003; (6) specific rules for sewage farm cattle, pig feeding, and bees that go beyond pure disease control into food safety and environmental management. The 2024 amendments added further compensation clawback provisions and information disclosure frameworks."},"complexity_factors":["Multiple overlapping compensation schemes with different rules (5 separate funds: exotic diseases, cattle, sheep/goats, pigs, bees)","Extensive cross-referencing to other Acts (Duties Act 2000, Meat Industry Act 1993, Public Administration Act 2004, etc.)","Nested conditional logic: different penalties apply depending on whether disease is 'exotic' vs other diseases, with up to 10x penalty multipliers","47+ defined terms in section 3, many with their own sub-definitions","Multiple layers of delegated authority: Governor in Council, Minister, Secretary, and inspectors each have different powers","Complex machinery for property identification codes with application, allocation, cancellation, review, and offence provisions","Detailed permit systems for movement in restricted/control areas with conditions, revocation, and offences","Transitional provisions spanning 30 years of amendments with complex savings clauses"],"plain_english_summary":"This is Victoria's main law for controlling diseases in livestock (farm animals like cattle, sheep, pigs, goats, and bees). It does four big things:\n\n**1. Prevents and controls disease outbreaks**\n- Requires owners to notify authorities if they suspect disease in their animals\n- Lets the government declare \"exotic diseases\" (like foot-and-mouth disease) and create special zones to stop spread\n- Gives inspectors strong powers to enter properties, test animals, quarantine areas, and destroy infected livestock\n- Requires permanent identification tags on animals so they can be tracked\n\n**2. Sets rules for specific animals and situations**\n- **Pigs**: Bans feeding them meat or animal products (to prevent diseases like foot-and-mouth)\n- **Cattle on sewage farms**: Restricts grazing to prevent disease transmission\n- **Dairy animals**: Lets inspectors ban cows, goats, sheep or buffalo from producing milk if unsafe\n- **Bees**: Requires beekeepers to register, mark hives, and keep records\n- **Artificial breeding**: Controls sale of animal semen to prevent disease spread\n\n**3. Pays compensation when animals are destroyed**\n- Runs separate funds for cattle, sheep/goats, pigs, bees, and exotic diseases\n- Pays owners when animals are destroyed due to disease (but not for lost profits)\n- Can reduce or deny compensation if owners broke the law or were negligent\n\n**4. Collects duties and keeps records**\n- Requires fees on livestock sales, collected by approved agents\n- Maintains tracking systems for animal movements\n- Protects information sharing between government agencies\n\n**Who it affects**: Farmers, livestock agents, abattoirs, beekeepers, transporters, and anyone who owns or handles farm animals in Victoria."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained focused on its original core purpose of livestock disease control and prevention. The consolidated version history suggests amendments have been made over time, but the fundamental scope — regulating disease management in the livestock sector — does not appear to have materially shifted from its original intent as a 1994 Act."},"complexity_factors":["The Act operates alongside Commonwealth biosecurity legislation, creating a layered regulatory environment that can be difficult to navigate","Powers granted to inspectors and authorities are broad and can significantly impact property rights (entry, seizure, destruction of animals)","Compensation provisions for destroyed animals involve complex eligibility criteria and valuation processes","Interaction with other Victorian primary industries legislation adds cross-referencing complexity","Technical scientific definitions of 'notifiable diseases' and 'affected animals' require specialist knowledge to interpret","Quarantine and movement restriction powers involve administrative law concepts (such as rights of appeal) that are not straightforward for laypeople","Limited publicly available information in this extract makes full assessment of its current operative provisions difficult"],"plain_english_summary":"The Act establishes a legal framework for preventing and containing livestock disease in Victoria, giving authorities powers to investigate, restrict movements, quarantine, and, in serious cases, destroy infected animals with possible compensation. It affects farmers, livestock owners, vets, transporters and traders, and indirectly the public by reducing zoonotic risk. It matters because rapid, enforceable controls limit the economic and health impacts of outbreaks."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded beyond the simple prevention/compensation framework stated in s.1. Original core functions (disease prevention, monitoring, control and compensation) remain, but the statute now encompasses a far broader regulatory and administrative architecture: \n\n- A compulsory identification and traceability system (property identification codes, permanent electronic tagging and vendor declarations — ss.9A, 9B, 8A) that imposes ongoing record‑keeping and reporting burdens on owners, agents and processors. \n\n- Detailed information collection, retention and disclosure powers and regimes (ss.107B, 107BA–107BD, 107C) allowing the Secretary to share records for market‑access, legal, operational and emergency purposes — a modern data governance role not present in earlier, narrower disease statutes. \n\n- Expanded enforcement and emergency response powers (enhanced inspector powers, warrants, seizure, control/restricted/control area regimes, importation controls) and high‑penalty offences (Parts 3 and 8: ss.24–31, 32–35, 109–120, 39). \n\n- The statutory architecture now creates multiple industry funds and bespoke compensation schemes (separate cattle, sheep/goat, swine, bee and exotic disease funds) with distinct funding sources and governance, and adds Ministerial repayment/interest powers (Part 5, esp. ss.59–79, 65A–65E). \n\nThese additions reflect a shift from a narrower animal‑health statute towards an integrated biosecurity, traceability and emergency‑response regime with significant administrative discretion and data management duties.  Mechanically, that broadening reallocates costs (administrative compliance) to private actors while consolidating decision and response power in executive agencies (Minister, Secretary, inspectors)."},"complexity_factors":["Extensive Act length (150+ sections, multiple Parts and Schedules) with numerous species‑specific divisions (pigs, bees, cattle, sheep/goats, swine).","Long interpretation section with dozens of defined terms and cross‑references to many other Acts (ss.3, cross‑refs to Duties Act, Meat Industry Act, Emergency Management Act, etc.).","Multiple overlapping regimes and conditional logics: general disease rules (Part 2) versus exotic disease emergency regime (Part 3) with different powers, thresholds and penalties.","Numerous administrative discretions vested in Minister and Secretary (orders, declarations, fee‑making, approvals, delegations — ss.6, 9A, 9B, 16A, 24–31, 102–104).","Complex compensation architecture: several separate funds, distinct eligibility and valuation rules, Ministerial reduction/repayment powers, and appeal rights (Part 5: ss.59–91; ss.64, 65A–65E add conditional repayment).","Extensive enforcement and evidence rules with high‑stakes penalties (including imprisonment), search and seizure, and special time limits for charging (Part 8, ss.109–121, 132A).","Detailed record‑keeping and data disclosure regime with layered disclosure pathways and conditions introduced in recent amendments (ss.107B, 107BA–107BD, 107C).","Multiple administrative layers and committees (Apicultural, Cattle, Sheep/Goat, Swine committees) with advisory and funding roles (Schedule 1; Part 5 Divisions).","Large number of delegated powers and regulations enabling the Secretary/inspectors to set technical standards (tags, lab accreditation, testing methods) — many matters left to subordinate instruments (s.139 and many specific delegations)."],"plain_english_summary":"**What this Act does (mechanically, first)**\n\n- Establishes duties for people who keep, handle, buy or sell livestock (broadly defined to include mammals, birds, fish, bees and eggs for hatching) to notify disease, separate infected animals, and maintain identity and movement records (see sections 3, 7, 8, 9, 9A, 8A).  Owners, transporters and livestock agents face specific obligations (for example vendor declarations at movement — s.8A) and criminal or infringement penalties for non‑compliance (many provisions carry penalties; see, for example, ss.7, 8, 9, 12). \n\n- Gives the Minister and the Secretary (public service head) broad powers to declare and manage disease events: declare infected, restricted and control areas; impose movement controls and permit regimes; make importation orders; and require destruction, disinfection or other controls on animals, premises, vehicles or goods (Part 3, especially ss.21–31, 32–35, 36–38, 31).  Inspectors appointed by the Secretary enforce those controls and have wide inspection, testing, sampling, seizure and entry powers (Part 8, especially ss.108–116, 109–119).  For exotic disease responses, the Act adds further emergency powers (ss.19–20; Div. 3–6 of Part 3). \n\n- Creates and governs several industry‑specific funds and compensation schemes that pay owners for animals, products or premises destroyed under disease control programs (Part 5).  There are separate funds / rules for exotic diseases (Exotic Diseases Fund — ss.59–66), bees (Honey Bee Compensation Fund — ss.66–70), cattle (Cattle Compensation Fund — ss.71–79), sheep and goats (ss.79A–79I) and swine (ss.80–87).  The Act sets valuation methods, eligibility rules and limits, and discretion for reduction or repayment of compensation in certain circumstances (see ss.62–65, 63–64, 64A, 65A–65E). \n\n- Requires property identification codes, permanent animal tagging/branding (electronic chip allowed) and record keeping for movement, sale and slaughter; authorises the Secretary to allocate and cancel property identification codes and to authorise manufacturers of tags/devices (ss.9A, 9B, 9C, 9BA–9BC, 94A, 94B).  It also prescribes duties and reporting obligations for approved agents and abattoirs (Part 6). \n\n- Regulates particular species and practices (beekeeping registration and branding — ss.48–53; pig feeding prohibitions to limit disease risks — s.41 and related permit powers; sewage‑land rules for cattle/pigs — ss.42–44B; artificial breeding controls — ss.54–58). \n\n- Establishes information collection, record retention and disclosure rules: Secretary must keep disease and movement records (s.107B) and may make them available for specified public‑interest, market‑access, legal, emergency planning or operational purposes, with authorised disclosure channels and conditions (ss.107BA–107BD, 107C).  There are secrecy offences tied to those records (s.107C). \n\n**Why it matters (official purpose stated, then what the mechanics imply)**\n\n- The Act states its purposes are prevention, monitoring and control of livestock diseases and providing compensation for certain losses (s.1) and lists objectives including protecting public health and market access (s.4).  Mechanically, the Act implements those goals by: imposing duties on owners and industry participants to detect and report diseases; creating mandatory identification and movement control systems to enable tracing; empowering executive decision‑makers (Minister/Secretary/inspectors) to impose movement bans, quarantine and destruction measures; and providing defined compensation pathways so owners may be recompensed where livestock are destroyed under control programs.  These are concrete mechanisms to reduce disease spread and to stabilise market confidence.\n\n**Who decides, who pays, and what behaviour changes**\n\n- Who decides: the Minister (policy, control and area declarations — ss.26, 29, 6), the Secretary (operational allocations, property codes, approvals, determinations, and many day‑to‑day powers — ss.9B, 9A, 16A, 17–18, 102–103), and inspectors (front‑line enforcement, permits, notices, sampling — Part 8).  The Governor in Council may also make Orders to support the Act (s.6).\n\n- Who pays: owners bear most compliance costs (tagging, record keeping, movement restrictions, possible loss of stock). Compensation payments come from industry‑specific funds (funded by duties, fees, penalties and transfers — ss.59, 66, 71, 79A, 80), and ultimately the State may appropriate funds if those accounts are insufficient (see ss.72(4), 81(5)).  Where an owner fails to comply with the Act or has caused or contributed to spread, the Minister may reduce or withhold compensation (s.64).  The Minister can require repayment of compensation in some cases (ss.65A–65E).  Inspectors may recover costs of enforcing orders from the non‑compliant person (s.107).\n\n- Behaviour changes the Act aims to induce: prompt disease reporting (s.7), separation and treatment of suspected stock (s.13–15), permanent identification and traceability at movement points (ss.9, 9A, 9B, 8A), compliance with permit regimes and movement controls (Parts 2–3), and adherence to species‑specific biosecurity practices (e.g. pig feeding rules s.41, beekeeper registration s.48).  Non‑compliance risks fines, imprisonment for serious breaches (particularly for exotic disease offences — see ss.7, 24, 33, 39), loss or reduction of compensation (s.64), and civil recovery of enforcement costs (s.107).\n\n**Trade‑offs, costs, incentives and implementation risks**\n\n- Compliance costs and distribution: the Act imposes administrative and compliance costs (tagging, obtaining property identification codes, record retention and forwarding, vendor declarations) that fall on owners, transporters and agents (ss.8A, 9B, 94A, 94B).  These costs are diffuse across many holders of livestock but concentrated in sectors with frequent movements (saleyards, feedlots, agents).  Industry funds (cattle, swine, sheep/goat, bees, exotic) concentrate benefits (compensation) to affected owners while funded largely by duties/fees and penalties (ss.59–81).  This structure makes benefits concentrated (compensation recipients) and costs both diffuse (compliance) and industry‑concentrated (duty payers).  \n\n- Incentives created by compensation and sanction rules: compensation reduces the financial disincentive to have animals destroyed for disease control, supporting compliance with eradication measures (Part 5).  But the Act preserves Ministerial discretion to reduce or refuse compensation where the owner breached duties or contributed to disease spread (s.64) or where claims are false (s.91).  That creates an incentive for owners to comply with detection, identification and movement rules, but it also imports post‑hoc discretion that may produce disputes over causation and fault (see s.65 review rights). \n\n- Bureaucratic discretion and delegation risk: the Secretary and inspectors are given broad discretionary powers to require actions, issue permits, approve tags and devices, and disclose records (e.g. ss.9A, 9C, 16A, 24, 27, 107BA–107BD).  The Minister can declare entire control or restricted areas and make many Orders (ss.26, 29, 6).  This enables rapid response but concentrates decision‑making power in the executive and requires robust administrative processes to limit arbitrary or inconsistent exercise.  \n\n- Implementation and substitution effects: mandatory identification and vendor declarations improve traceability (ss.9A, 9B, 8A) but raise implementation risks for smallholders (cost and technical complexity).  Strict movement and importation controls (ss.24, 32–35) may shift trade and movement patterns interstate or to informal networks if compliance costs are high.  \n\n- Information handling and privacy: the Act establishes a central record system (s.107A, 107B) and broad disclosure powers for public‑interest, market‑access, legal and emergency planning purposes (ss.107BA–107BD).  Those provisions improve operational control and market protection, but create data‑security, privacy and governance risks and impose obligations on the Secretary to manage conditions and fees for access (s.107BC).  \n\n- Enforcement intensity and penalties: the Act contains high penalties (including imprisonment and large penalty‑unit fines) for serious breaches, particularly for exotic diseases and possession/administration of exotic agents (see ss.7, 24, 39, 112, 114).  High penalties strengthen deterrence but raise legal and procedural stakes for enforcement and appeal processes. \n\n**Concrete examples of mechanisms (with sections)**\n\n- Duty to notify disease immediately for exotic diseases and within prescribed time for others (s.7). \n- Mandatory permanent identification (tags/brands/chips) and property codes tied to movement, sale and slaughter (ss.9, 9A, 9B, 9C). \n- Permit requirement to enter, leave, or move goods from infected or restricted places; inspectors can revoke and set conditions (ss.24–27). \n- Wide inspection, sampling, seizure, and destruction powers for inspectors, including entry by warrant for dwellings in specified cases (ss.109–116, 109A). \n- Compensation funds and rules with Ministerial discretion to reduce or recover payments (Part 5, especially ss.59–66, 62–65, 64, 65A–65E). \n- Information collection, disclosure and secrecy regime with authorised uses and permitted persons (ss.107B, 107BA–107BD, 107C). \n\n**Practical takeaways for affected parties**\n\n- Livestock owners and businesses must establish traceability, retain records, comply with vendor declarations and tagging, and be ready to follow inspector directions and permit regimes.  \n- Approved agents, abattoirs and saleyards have significant record‑keeping duties and routine reporting obligations (Part 6). \n- Non‑compliance risks not only fines but also reduced or forfeited compensation and civil recovery of enforcement costs.  \n\n(Official purpose: s.1; objectives: s.4)."}},"importantCases":[],"_links":{"self":"/api/acts/livestock-disease-control-act-1994","history":"/api/acts/livestock-disease-control-act-1994/history","analysis":"/api/acts/livestock-disease-control-act-1994/analysis","conflicts":"/api/acts/livestock-disease-control-act-1994/conflicts","importantCases":"/api/acts/livestock-disease-control-act-1994/important-cases","documents":"/api/acts/livestock-disease-control-act-1994/documents"}}