{"id":"a-2005-19","name":"Stock Act 2005","slug":"stock-act-2005","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"19 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24393,"registerId":"act-a-2005-19-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Stock Act 2005","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nStock Act 2005\nA2005-19\nRepublication No 12\nEffective: 5 January 2026\nRepublication date: 5 January 2026\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Stock Act 2005 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It also includes\nany commencement, amendment, repeal or expiry affecting this republished law to\n5 January 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nStock Act 2005\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\nPart 2 Stock levy\n6 Stock units and levy amount 3\n7 Stock-carrying capacity 3\n7A Minimum stock levy 3\n8 Occupier to pay stock levy 3\n9 Returns for stock levy 4\n10 Stock levy notice 4\n11 Person to pay levy 4\n12 Unpaid stock levy 5\n\nContents\nPage\ncontents 2 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Marks\n13 Registers 6\n14 Application for registration of mark 6\n15 Further information for registration application 6\n16 Decision about registration of mark approval 6\n17 Effect of registration 7\n18 Use of registered mark by personal representative 7\n19 Cancellation of registered mark 8\n20 Correction of register 8\n21 Unauthorised use of mark 8\n22 Use of earmark 9\n24 Earmarking—stock kept for fleece etc 9\n25 Cutting, alteration etc of earmark 9\n26 Placement of permanent brands 10\nPart 4 Travelling stock\n26A Definitions—pt 4 11\n27 Application for permit 11\n28 Director-general may exempt travel 11\n29 Offence to travel stock without permit 11\n30 Production of permit 12\n31 Movement of travelling stock 13\nPart 5 Impounding stock\n32 Meaning of impound and impoundment area—pt 5 14\n33 Director-general may impound trespassing stock 14\n34 Occupier may impound trespassing stock 14\n35 Person to tell owner and director-general about impounded stock 15\n36 Director-general may impound stock impounded by someone else 15\n37 Notice of impounded stock 16\n38 Release of impounded stock 16\n39 Disposing of impounded stock 17\n40 Application of the proceeds of impound sales 18\n41 Application for release of impounded stock 18\n42 Offence—allowing stock to trespass 19\n\nContents\nPage\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 Offences relating to impounded stock 19\n44 Part does not affect other rights 19\nPart 6 Enforcement\nDivision 6.1 General\n45 Definitions for pt 6 20\nDivision 6.2 Authorised people\n46 Appointment of authorised people 20\n47 Identity cards 21\nDivision 6.3 Powers of authorised people\n48 Power to enter premises 21\n49 Production of identity card 22\n50 Consent to entry 22\n51 General powers on entry to premises 24\n52 Power to require name and address 24\n53 Power to seize things 25\nDivision 6.4 Search warrants\n54 Warrants generally 26\n55 Warrants—application made other than in person 27\n56 Search warrants—announcement before entry 29\n57 Details of search warrant to be given to occupier etc 29\n58 Occupier entitled to be present during search etc 30\nDivision 6.5 Return and forfeiture of things seized\n59 Receipt for things seized 30\n60 Moving things to another place for examination or processing under\nsearch warrant 31\n61 Access to things seized 32\n62 Return of things seized 32\nDivision 6.6 Miscellaneous\n63 Damage etc to be minimised 33\n64 Compensation for exercise of enforcement powers 34\nPart 7 Notification and review of decisions\n65 Meaning of reviewable decision—pt 7 35\n\nContents\nPage\ncontents 4 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n66 Reviewable decision notices 35\n66A Applications for review 35\nPart 8 Miscellaneous\n67 References to particular animals 36\n68 Determination of fees 36\n69 Approved forms 36\n70 Regulation-making power 36\nSchedule 1 Reviewable decisions 37\nDictionary 38\nEndnotes\n1 About the endnotes 41\n2 Abbreviation key 41\n3 Legislation history 42\n4 Amendment history 44\n5 Earlier republications 48\n\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nStock Act 2005\nAn Act about stock, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Stock Act 2005.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘impound, for part 5 (Impounding\nstock)—see section 32.’ means that the term ‘impound’ is defined in that\nsection for part 5.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nStock levy Part 2\nSection 6\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Stock levy\n6 Stock units and levy amount\n(1) The Minister may determine—\n(a) for each kind of stock, the number of animals making up a stock\nunit; and\n(b) the levy amount per stock unit.\n(2) A determination is a disallowable instrument.\n7 Stock-carrying capacity\n(1) The director-general may determine the stock-carrying capacity, in\nstock units, of land held under a lease permitting the carrying of stock.\n(2) A determination is a notifiable instrument.\n7A Minimum stock levy\n(1) The Minister may determine a minimum stock levy (a minimum\nstock levy).\n(2) A determination is a disallowable instrument.\n8 Occupier to pay stock levy\n(1) This section applies to a person who, in a financial year, is the\noccupier of land held under a lease permitting the carrying of stock.\n(2) A levy (stock levy) is payable for the financial year by the person.\n(3) The stock levy is the greater of the following:\n(a) the amount worked out as follows—\n;\n(b) the minimum stock levy (if any).365\nDO\nSCCUL \n\nPart 2 Stock levy\nSection 9\npage 4 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nDO means the number of days in the financial year when the person\nis the occupier of the land.\nSCC means the stock-carrying capacity of the land determined under\nsection 7.\nUL means the levy amount determined under section 6 per stock unit.\n9 Returns for stock levy\n(1) If a person is liable to pay stock levy under this part for a financial\nyear, the person must give the director-general a return for the levy\nfor the financial year within 7 days after the end of the year.\nMaximum penalty: 10 penalty units.\n(2) An offence against this section is a strict liability offence.\n10 Stock levy notice\nAs soon as practicable after the end of a financial year, the\ndirector-general must give written notice to a person liable to pay\nstock levy under this part for the year of the amount of stock levy\npayable.\n11 Person to pay levy\n(1) A person liable to pay stock levy under this part for a financial year\nmust pay the levy to the Territory within 90 days after the day the\nperson receives notice under section 10 for the year.\nMaximum penalty: 10 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nStock levy Part 2\nSection 12\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Unpaid stock levy\n(1) A lease permitting the carrying of stock on land is taken to include a\ncovenant by the occupier of the land to pay stock levy payable in\nrelation to the land.\n(2) This section does not limit any right of the Territory to recover any\namount of unpaid stock levy as a debt.\n\nPart 3 Marks\nSection 13\npage 6 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Marks\n13 Registers\nThe director-general must keep—\n(a) a register of small stock marks; and\n(b) a register of large stock marks.\n14 Application for registration of mark\nA person may apply, in writing, to the director-general for the\nregistration of a mark.\n15 Further information for registration application\n(1) The director-general may ask the applicant to give the\ndirector-general additional information or a document that the\ndirector-general reasonably needs to decide the application.\n(2) If the applicant does not comply with a requirement under\nsubsection (1), the director-general may refuse to consider the\napplication further.\n16 Decision about registration of mark approval\n(1) If the director-general receives an application to register a mark, the\ndirector-general must—\n(a) register the mark; or\n(b) refuse to register the mark.\n(2) The director-general must not register a mark if—\n(a) the design of a mark registered under this Act—\n(i) is the same as the design of the mark; or\n(ii) might be confused with the design of the mark; or\n\nMarks Part 3\nSection 17\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) may easily be changed to resemble the design of the mark;\nor\n(b) the design and proposed method of application of the mark is\nnot suitable for its purpose; or\n(c) for a mark that is a permanent brand—the mark contains an\nalphanumeric or symbolic character that is—\n(i) less than 35mm or more than 75mm in height; and\n(ii) located less than 10mm from another character.\n(3) If the director-general registers a mark, the director-general must—\n(a) give the applicant a certificate of registration of the mark; and\n(b) enter the mark in the appropriate stock register.\n17 Effect of registration\n(1) If a mark is registered under section 16, the applicant for registration\nis the registered owner of the mark.\n(2) The registered owner of a mark is entitled to exclusive use of the\nmark.\n18 Use of registered mark by personal representative\n(1) This section applies if a person who is the registered owner of a mark\ndies.\n(2) The person’s personal representative is taken to be the registered\nowner of the mark until the distribution of the part of the person’s\nestate that includes stock bearing the mark is finalised.\n(3) As soon as practicable after the distribution of that part of the estate\nis finalised, the personal representative must tell the director-general\nthat the part of the person’s estate has been distributed.\n\nPart 3 Marks\nSection 19\npage 8 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Cancellation of registered mark\nThe director-general may cancel the registration of a mark—\n(a) if the director-general is satisfied, on reasonable grounds, that—\n(i) the mark is not in use, or needed for use, by its registered\nowner; or\n(ii) the registration was obtained by fraud or\nmisrepresentation; or\n(b) if the registered owner asks the director-general to cancel the\nregistration; or\n(c) if the registered owner is a corporation—on the winding-up of\nthe corporation.\n20 Correction of register\nThe director-general may correct a mistake, error or omission in a\nregister.\n21 Unauthorised use of mark\n(1) A person commits an offence if the person—\n(a) applies a registered mark to stock; and\n(b) is not—\n(i) the registered owner of the mark; or\n(ii) acting with the permission of the owner.\nMaximum penalty: 50 penalty units.\n(2) A person commits an offence if the person—\n(a) applies a registered mark to stock; and\n(b) is not—\n(i) the owner of the stock; or\n\nMarks Part 3\nSection 22\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) acting with the permission of the owner.\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n22 Use of earmark\n(1) A person commits an offence if the person—\n(a) earmarks stock with a registered mark; and\n(b) does not have the director-general’s approval to earmark the\nstock.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n24 Earmarking—stock kept for fleece etc\n(1) The owner of large stock kept for the commercial value of its fleece\nor hide may apply, in writing, to the director-general for approval to\nplace an earmark on the stock.\n(2) The director-general must give the approval if satisfied that the stock\nis kept for the commercial value of its fleece or hide.\n25 Cutting, alteration etc of earmark\n(1) A person commits an offence if—\n(a) in earmarking stock, the person cuts off more than ¼ of the ear;\nor\n(b) the person alters or destroys a stock earmark.\nMaximum penalty: 50 penalty units.\n\nPart 3 Marks\nSection 26\npage 10 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person commits an offence if—\n(a) for male or desexed stock—the person earmarks the right ear; or\n(b) for female stock—the person earmarks the left ear.\nMaximum penalty: 10 penalty units.\n(3) An offence against this section is a strict liability offence.\n26 Placement of permanent brands\n(1) A person commits an offence if the person applies a permanent brand\nto large stock in a way that contravenes a regulation.\nMaximum penalty: 10 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nTravelling stock Part 4\nSection 26A\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Travelling stock\n26A Definitions—pt 4\nIn this part:\nNLIS requirements means the requirements prescribed by regulation\nunder the Biosecurity Act 2023 that give effect to the national\nlivestock identification system for identifying and tracing stock for\nthe purpose of disease control, food safety and market access.\ntravel, in relation to stock, means drive or transport the stock (other\nthan in a vehicle) outside the holding where the stock is normally\nkept.\n27 Application for permit\nA person may apply, in writing, to the director-general for a permit.\n28 Director-general may exempt travel\n(1) The director-general may, on application or on their own initiative,\nexempt a circumstance of travel from a provision of this part.\n(2) In making an exemption, the director-general must consider the\nrequirements of any relevant code of practice under the Animal\nWelfare Act 1992, section 22 or section 23.\n(3) An exemption is a disallowable instrument.\n29 Offence to travel stock without permit\n(1) A person commits an offence if the person—\n(a) travels stock; and\n(b) does not have a permit to travel the stock—\n(i) issued by the director-general; or\n(ii) issued under a corresponding law.\nMaximum penalty: 50 penalty units.\n\nPart 4 Travelling stock\nSection 30\npage 12 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) This section does not apply to a person if—\n(a) the stock is restrained by the person; or\nExample\na person walking a horse using a halter and lead\n(b) the person travels the stock in a way that complies with an NLIS\nrequirement that applies to the stock; or\n(c) the person travels the stock to or from a veterinary practitioner.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) An offence against this section is a strict liability offence.\n(4) In this section:\ncorresponding law means—\n(a) a law of a State regulating stock; or\n(b) a law prescribed by regulation as a corresponding law for this\ndefinition.\n30 Production of permit\n(1) A person in charge of travelling stock commits an offence if—\n(a) the person is travelling stock; and\n(b) the person is required to have a permit to travel the stock under\nsection 29; and\n(c) any of the following people asks the person to produce the\npermit to travel the stock:\n(i) an authorised person;\n(ii) a police officer;\n(iii) the occupier of land where the stock is travelling; and\n(d) the person does not produce the permit.\nMaximum penalty: 5 penalty units.\n\nTravelling stock Part 4\nSection 31\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) This section does not apply to a person if—\n(a) the person travels the stock in a way that complies with an NLIS\nrequirement that applies to the stock; or\n(b) the person travels the stock to or from a veterinary practitioner.\n(3) An offence against this section is a strict liability offence.\n(4) A person need not comply with a request under subsection (1) by an\nauthorised person if the authorised person does not produce his or her\nidentity card when asked by the person.\n31 Movement of travelling stock\nA person in charge of travelling stock must travel the stock by the\nmost direct route reasonable in the circumstances.\nMaximum penalty: 10 penalty units.\n\nPart 5 Impounding stock\nSection 32\npage 14 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Impounding stock\n32 Meaning of impound and impoundment area—pt 5\nIn this part:\nimpound—stock is impounded if it is—\n(a) seized and secured; or\n(b) seized and transported to an impoundment area to be secured.\nimpoundment area means—\n(a) Territory premises; or\n(b) land owned or controlled by the Territory; or\n(c) any other land if the owner or occupier of the land consents.\n33 Director-general may impound trespassing stock\n(1) The director-general may impound stock that is—\n(a) on unleased land; or\n(b) uncontrolled on a road.\n(2) Subsection (1) (a) does not apply to stock if—\n(a) a person has a licence from the Territory or the Commonwealth\nto keep stock on the land; and\n(b) the stock is owned by the person or is on the land with the\nperson’s permission.\n34 Occupier may impound trespassing stock\n(1) An occupier of land may impound stock that is trespassing on the\nland.\n(2) The occupier may return the stock to its owner, whether by sending\nthe stock to a convenient place near land occupied by the owner or\notherwise.\n\nImpounding stock Part 5\nSection 35\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Person to tell owner and director-general about\nimpounded stock\n(1) If a person other than the director-general impounds stock, the person\nmust—\n(a) take reasonable steps to identify the owner of the stock; and\n(b) if the owner is identified—\n(i) tell the owner that the stock has been impounded; and\n(ii) ask the owner to remove the stock.\nExample for par (a)\nan earmark or brand on the stock may be used to identify the owner\n(2) The person must tell the director-general that the stock has been\nimpounded if—\n(a) the owner of the stock is not identified; or\n(b) the owner is identified and does not remove the stock within 24\nhours after being asked to remove the stock.\n36 Director-general may impound stock impounded by\nsomeone else\n(1) This section applies if the director-general is told that an occupier of\nland has impounded stock.\n(2) The director-general may impound the stock.\n(3) However, the director-general may agree with the occupier of the land\nthat the stock, although impounded by the director-general, remain on\nthe occupier’s land.\n\nPart 5 Impounding stock\nSection 37\npage 16 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Notice of impounded stock\n(1) This section applies if the director-general impounds stock.\n(2) The director-general must—\n(a) take reasonable steps to identify the owner of the stock; and\n(b) if the owner is identified, give the owner written notice stating—\n(i) that the stock has been impounded; and\n(ii) the location of the stock; and\n(iii) the fees payable for maintaining or travelling the stock; and\n(iv) that the stock must be claimed within 14 days after the day\nthe notice is issued; and\n(v) that if the stock is not claimed within the 14-day period, the\ndirector-general may dispose of the stock in accordance\nwith section 39; and\n(c) if the owner is not identified—give public notice of the\ninformation mentioned in paragraph (b).\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n38 Release of impounded stock\n(1) The director-general must release impounded stock to a person if—\n(a) the director-general is satisfied that the person is the owner of\nthe stock; and\n(b) the person has paid the fees payable for maintaining or travelling\nthe stock.\n(2) Fees payable for maintaining impounded stock are payable to—\n(a) for any period when the director-general maintains the stock—\nthe Territory; and\n\nImpounding stock Part 5\nSection 39\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) for any period when someone else maintains the stock—the\nperson.\n(3) Fees payable for travelling impounded stock are payable to—\n(a) if the director-general travels the stock—the Territory; and\n(b) if someone else who has impounded the stock travels the\nstock—the person.\n39 Disposing of impounded stock\n(1) This section applies if—\n(a) stock is impounded by the director-general; and\n(b) the director-general gives notice as required under section 37 (2)\nin relation to the impounded stock; and\n(c) the impounded stock is not released to the owner under\nsection 38 (1) within 14 days after the day the notice was given.\n(2) The director-general may—\n(a) sell the stock by public auction; or\n(b) if it is not practicable or desirable because of cost, animal\nwelfare or any other reason to sell the stock by public auction—\nsell the stock in another way; or\n(c) if the stock cannot be sold, or if it is not practicable or desirable\nbecause of cost, animal welfare or any other reason to sell the\nstock—destroy or dispose of the stock in any other way the\ndirector-general considers appropriate.\nNote Under the Animal Welfare Act 1992, s 86 a veterinary surgeon may\ndestroy an animal humanely if, due to severe injury, disease or its\nphysical condition, it would be cruel to keep the animal alive.\n(3) If stock is sold under subsection (2) (b), the director-general must take\nreasonable steps to obtain the best price possible in the circumstances.\n\nPart 5 Impounding stock\nSection 40\npage 18 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40 Application of the proceeds of impound sales\n(1) The proceeds of sale of impounded stock must be applied as follows:\n(a) first, to the expenses of the sale;\n(b) second, to any amount payable for maintaining or travelling the\nstock;\n(c) the balance to the owner of the stock.\n(2) If an amount is to be applied under this section to a person other than\nthe Territory, the director-general must take reasonable steps to tell\nthe person about the amount as soon as practicable after the day of\nsale.\n(3) If an amount to be applied under this section is not claimed within\n1 year after the day of sale, it becomes public money of the Territory.\n(4) Any amount payable to a person or the Territory for maintaining or\ntravelling the stock that exceeds the amount applied under\nsubsection (1) (b) is recoverable from the owner of the stock as a debt\nto the person or the Territory.\n41 Application for release of impounded stock\n(1) The owner of stock may apply to the Magistrates Court for an order\nfor—\n(a) the release of the stock; or\n(b) damages suffered by the owner because of the impounding.\n(2) The court may make any order it considers appropriate in relation to\nthe stock if the court is satisfied that the impounding was not in\naccordance with this part or that an amount paid by the owner under\nthis part was excessive.\n\nImpounding stock Part 5\nSection 42\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Without limiting subsection (2), an order for damages may include an\namount paid by the owner for the release of the stock.\nExamples\n1 maintenance fees\n2 travelling fees\n42 Offence—allowing stock to trespass\nA person commits an offence if—\n(a) the person engages in conduct reckless about whether stock may\ntrespass; and\n(b) as a result of the conduct, stock trespasses.\nMaximum penalty: 10 penalty units.\n43 Offences relating to impounded stock\n(1) A person commits an offence if the person releases or interferes with\nimpounded stock.\nMaximum penalty: 10 penalty units.\n(2) A person commits an offence if the person damages a fence or other\nstructure securing impounded stock.\nMaximum penalty: 10 penalty units.\n(3) An offence against this section is a strict liability offence.\n44 Part does not affect other rights\nThis part does not affect any right that a person may have to recover\ndamages or compensation apart from this part.\n\nPart 6 Enforcement\nDivision 6.1 General\nSection 45\npage 20 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Enforcement\nDivision 6.1 General\n45 Definitions for pt 6\nIn this part:\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed, on reasonable grounds, to be an occupier of\nthe premises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nDivision 6.2 Authorised people\n46 Appointment of authorised people\nThe director-general may appoint a public servant to be an authorised\nperson for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n\nEnforcement Part 6\nPowers of authorised people Division 6.3\nSection 47\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n47 Identity cards\n(1) The director-general must give an authorised person an identity card\nstating the person’s name and that the person is an authorised person.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an authorised person; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable, but no later than 7 days\nafter the day the person stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\nDivision 6.3 Powers of authorised people\n48 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) enter premises in accordance with a search warrant.\n\nPart 6 Enforcement\nDivision 6.3 Powers of authorised people\nSection 49\npage 22 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For the purpose of checking the accuracy of a return under section 9\n(Returns for stock levy), an authorised person may, at any reasonable\ntime, enter premises if the authorised person believes, on reasonable\ngrounds, that there is stock, or any documents relevant to the return\nat the premises.\n(3) However, subsection (1) (a) or (2) does not authorise entry into a part\nof premises that is being used only for residential purposes.\n(4) An authorised person may, without the consent of the occupier of\npremises, enter land around the premises to ask for consent to enter\nthe premises.\n(5) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(6) In this section:\nat any reasonable time includes at any time—\n(a) for subsection (1) (a)—when the public is entitled to use the\npremises, or when the premises are open to or used by the public\n(whether or not on payment of money); and\n(b) for subsection (2)—during normal business hours.\n49 Production of identity card\nAn authorised person must not remain at premises entered under this\npart if the authorised person does not produce his or her identity card\nwhen asked by the occupier.\n50 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 48 (1) (b), an authorised person must—\n(a) produce his or her identity card; and\n\nEnforcement Part 6\nPowers of authorised people Division 6.3\nSection 50\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n\nPart 6 Enforcement\nDivision 6.3 Powers of authorised people\nSection 51\npage 24 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n51 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything on the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films, or audio, video or other recordings;\n(e) require the occupier, or anyone at the premises, to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\nMaximum penalty: 50 penalty units.\n52 Power to require name and address\n(1) An authorised person may require a person to state the person’s name\nand home address if the authorised person believes, on reasonable\ngrounds, that the person is committing or has just committed an\noffence against this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The authorised person must tell the person the reason for the\nrequirement and, as soon as practicable, record the reason.\n(3) The person may ask the authorised person to produce his or her\nidentity card for inspection by the person.\n\nEnforcement Part 6\nPowers of authorised people Division 6.3\nSection 53\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A person must comply with a requirement made of the person under\nsubsection (1) if the authorised person—\n(a) tells the person the reason for the requirement; and\n(b) complies with any request made by the person under\nsubsection (3).\nMaximum penalty: 10 penalty units.\n(5) An offence against this section is a strict liability offence.\n53 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the authorised person is satisfied, on reasonable grounds, that\nthe thing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied, on reasonable grounds, that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n\nPart 6 Enforcement\nDivision 6.4 Search warrants\nSection 54\npage 26 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(5) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (4); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\nMaximum penalty: 50 penalty units.\n(6) An offence against this section is a strict liability offence.\nDivision 6.4 Search warrants\n54 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n\nEnforcement Part 6\nSearch warrants Division 6.4\nSection 55\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 14 days.\n(5) The warrant must state—\n(a) that an authorised person may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nperson’s powers under this part; and\n(b) the offence for which the warrant is sought; and\n(c) the thing that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the day of the warrant’s issue, the\nwarrant ends.\n55 Warrants—application made other than in person\n(1) An authorised person may apply for a warrant by phone, fax, radio or\nother form of communication if the authorised person considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised person if it is practicable to do so.\n\nPart 6 Enforcement\nDivision 6.4 Search warrants\nSection 55\npage 28 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) If it is not practicable to provide a written copy to the authorised\nperson—\n(a) the magistrate must—\n(i) tell the authorised person the terms of the warrant; and\n(ii) tell the authorised person the date and time the warrant was\nissued; and\n(b) the authorised person must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised person completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the authorised person was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n\nEnforcement Part 6\nSearch warrants Division 6.4\nSection 56\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n56 Search warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised person is authorised to enter the\npremises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nhimself or herself to the person.\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes, on reasonable grounds, that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or a person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n57 Details of search warrant to be given to occupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the authorised person or a person assisting\nmust make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n\nPart 6 Enforcement\nDivision 6.5 Return and forfeiture of things seized\nSection 58\npage 30 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n58 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\nDivision 6.5 Return and forfeiture of things seized\n59 Receipt for things seized\n(1) As soon as practicable after an authorised person seizes a thing under\nthis part, the authorised person must give a receipt for it to the person\nfrom whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously,\nat the place of seizure under section 53 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\nperson;\n(d) if the thing is moved from the place of seizure—where the thing\nis to be taken.\n\nEnforcement Part 6\nReturn and forfeiture of things seized Division 6.5\nSection 60\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n60 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for no longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes, on reasonable grounds, that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n\nPart 6 Enforcement\nDivision 6.5 Return and forfeiture of things seized\nSection 61\npage 32 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n61 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n62 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid by the Territory to the owner\nfor the loss of the thing, if—\n(a) an infringement notice for an offence relating to the thing is not\nserved on the owner within 90 days after the day of the seizure\nand—\n(i) a prosecution for an offence relating to the thing is not\nbegun within the 90-day period; or\n(ii) a prosecution for an offence relating to the thing is begun\nwithin the 90-day period but the court does not find the\noffence proved; or\n(b) an infringement notice for an offence relating to the thing is\nserved on the owner within 90 days after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence relating to the thing is not\nbegun within the 90-day period; or\n(ii) a prosecution for an offence relating to the thing is begun\nwithin the 90-day period but the court does not find the\noffence proved; or\n\nEnforcement Part 6\nMiscellaneous Division 6.6\nSection 63\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) an infringement notice for an offence relating to the thing is\nserved on the owner and not withdrawn within 90 days after the\nday of the seizure, liability for the offence is disputed in\naccordance with the Magistrates Court Act 1930, section 132\n(Disputing liability for infringement notice offence) and—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nnotice is given under section 132 that liability is disputed;\nor\n(ii) an information is laid in the Magistrates Court against the\nperson for the offence within the 60-day period, but the\nMagistrates Court does not find the offence proved.\n(2) If anything seized under this part is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\nDivision 6.6 Miscellaneous\n63 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person, and a person assisting, causes as little\ninconvenience, detriment and damage as practicable.\n(2) If an authorised person, or a person assisting, damages anything in\nthe exercise or purported exercise of a function under this part, the\nauthorised person must give written notice of the particulars of the\ndamage to the person the authorised person believes, on reasonable\ngrounds, is the owner of the thing.\n\nPart 6 Enforcement\nDivision 6.6 Miscellaneous\nSection 64\npage 34 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n64 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an authorised person or a person\nassisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nNotification and review of decisions Part 7\nSection 65\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Notification and review of\ndecisions\n65 Meaning of reviewable decision—pt 7\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n66 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n66A Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nPart 8 Miscellaneous\nSection 67\npage 36 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Miscellaneous\n67 References to particular animals\nIn this Act, a reference to an animal of a particular kind is a reference\nto an animal of that kind irrespective of age or sex.\n68 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n69 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n70 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the destruction of\ntrespassing stock.\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n\nReviewable decisions Schedule 1\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 7)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 7 determine stock\ncarrying capacity of\nland\nlessee of land to which\ndetermination relates\n2 16 refuse to register mark applicant for registration\n3 19 cancel registered mark person who held\nregistration\n4 24 refuse to give approval\nto earmark large stock\napplicant for approval\n\nDictionary\npage 38 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• contravene\n• director-general (see s 163)\n• exercise\n• financial year\n• function\n• home address\n• public servant\n• reviewable decision notice\n• State\n• veterinary practitioner.\nat premises includes in or on the premises.\nauthorised person means an authorised person under section 46.\nbovine means any animal of the bovine group of animals within the\nbovidae family.\nExamples of bovine\n1 bison (genus Bison bison)\n2 Brahman (genus Bos indicus)\n3 buffalo (genus Bubalus bubalis)\n4 Hereford (genus Bos taurus)\nNote A reference to an animal of a particular kind is a reference to an animal\nof that kind irrespective of age or sex (see s 67).\ncamelid means a member of the family Camelidae other than a vicuna\nor a guanaco.\nNote Camelidae includes camels, alpacas and llamas.\nconnected, for part 6 (Enforcement)—see section 45.\n\nDictionary\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nearmark means a shape cut into the ear of an animal.\nengage in conduct means—\n(a) do an act; or\n(b) fail to do an act.\nequine means a horse, donkey, mule or hinny.\nNote A reference to an animal of a particular kind is a reference to an animal\nof that kind irrespective of age or sex (see s 67).\nholding means any parcel or parcels of land worked as a single\nproperty, whether held under the same or different titles.\nimpound, for part 5 (Impounding stock)—see section 32.\nimpoundment area, for part 5 (Impounding stock)—see section 32.\nlarge stock means an equine, bovine, camelid or any other animal\ndeclared by regulation to be large stock.\nmaintenance fee, for impounded stock, means the fee determined\nunder section 68 for maintaining the stock.\nmark means an earmark or permanent brand.\nminimum stock levy—see section 7A.\nNLIS requirements, for part 4 (Travelling stock)—see section 26A.\noccupier, of premises, for part 6 (Enforcement)—see section 45.\noffence, for part 6 (Enforcement)—see section 45.\nowner, of stock, includes a person who is in control of the stock for\nthe owner.\npremises includes land or a structure or vehicle and any part of an\narea of land or a structure or vehicle.\npermanent brand means a mark made on the skin of an animal by\nburning or freezing.\npermit means a permit to travel stock.\n\nDictionary\npage 40 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nregister means a register of stock marks kept under section 13.\nregistered mark means a mark registered under section 16.\nregistered owner, of a mark—see section 17.\nreviewable decision, for part 7 (Notification and review of\ndecisions)—see section 65.\nroad means any road, street, lane, thoroughfare or footpath open to,\nor used by, the public.\nsmall stock means a sheep, goat, pig, or any other animal declared by\nregulation to be small stock.\nstock means large stock or small stock.\nstock levy—see section 8.\nstock unit means a stock unit determined under section 6.\ntravel—\n(a) for this Act generally—in relation to stock, means drive or\ntransport the stock outside the holding where the stock is\nnormally kept; and\n(b) for part 4 (Travelling stock)—see section 26A.\ntravelling fee, for impounded stock, means the fee determined under\nsection 68 for travelling the stock.\nvehicle—\n(a) see the Road Transport (General) Act 1999, dictionary; and\n(b) includes a boat or aircraft.\n\nEndnotes\nAbout the endnotes 1\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 42 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nStock Act 2005 A2005-19\nnotified LR 13 April 2005\ns 1, s 2 commenced 13 April 2005 (LA s 75 (1))\nremainder commenced 26 August 2005 (s 2 and CN2005-13)\nas amended by\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.95\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.95 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.70\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.70 commenced 17 December 2009 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.142\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.142 commenced 1 July 2011 (s 2 (1))\nTerritory and Municipal Services Legislation Amendment Act 2013\nA2013-42 sch 1 pt 1.4\nnotified LR 6 November 2013\ns 1, s 2 commenced 6 November 2013 (LA s 75 (1))\nsch 1 pt 1.4 commenced 7 November 2013 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.61\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.61 commenced 14 October 2015 (s 2)\n\nEndnotes\nLegislation history 3\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStock Amendment Act 2018 A2018-29\nnotified LR 15 August 2018\ns 1, s 2 commenced 15 August 2018 (LA s 75 (1))\nremainder commenced 16 August 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.35\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.35 commenced 23 October 2018 (s 2 (4))\nPlanning and Environment Legislation Amendment Act 2019\nA2019-20 pt 7\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 7 commenced 9 August 2019 (s 2)\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 1 pt 1.2\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 1 pt 1.2 commenced 15 May 2025 (s 2 and see Biosecurity\nAct 2023 A2023-50, s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.168\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.168 commenced 5 January 2026 (s 2 (8))\n\nEndnotes\n4 Amendment history\npage 44 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nStock units and levy amount\ns 6 am A2013-42 amdt 1.32; A2025-29 amdt 4.169\nStock-carrying capacity\ns 7 am A2011-22 amdt 1.408, A2013-42 amdt 1.33; A2025-29\namdt 4.169\nMinimum stock levy\ns 7A ins A2013-42 amdt 1.34\nam A2025-29 amdt 4.169\nOccupier to pay stock levy\ns 8 am A2013-42 amdt 1.35, amdt 1.36\nReturns for stock levy\ns 9 am A2011-22 amdt 1.408; A2025-29 amdt 4.169\nStock levy notice\ns 10 am A2011-22 amdt 1.408\nRegisters\ns 13 am A2011-22 amdt 1.408\nApplication for registration of mark\ns 14 am A2011-22 amdt 1.408; A2025-29 amdt 4.169\nFurther information for registration application\ns 15 am A2011-22 amdt 1.408\nDecision about registration of mark approval\ns 16 am A2011-22 amdt 1.408; A2025-29 amdt 4.169\nUse of registered mark by personal representative\ns 18 am A2011-22 amdt 1.408\nCancellation of registered mark\ns 19 am A2011-22 amdt 1.408\nCorrection of register\ns 20 am A2011-22 amdt 1.408\nUse of earmark\ns 22 hdg sub A2024-11 amdt 1.6\ns 22 am A2011-22 amdt 1.405; A2024-11 amdt 1.7\nUse of earmark—certain small stock\ns 23 om A2024-11 amdt 1.8\nEarmarking—stock kept for fleece etc\ns 24 am A2011-22 amdt 1.408; A2025-29 amdt 4.169\n\nEndnotes\nAmendment history 4\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDefinitions—pt 4\ns 26A ins A2018-29 s 4\nsub A2024-11 amdt 1.9\ndef NLIS requirements ins A2024-11 amdt 1.9\ndef travel ins A2024-11 amdt 1.9\nApplication for permit\ns 27 am A2011-22 amdt 1.408; A2025-29 amdt 4.169\nDirector-general may exempt travel\ns 28 am A2011-22 amdt 1.408\nom A2018-29 s 5\nins A2024-11 amdt 1.10\nOffence to travel stock without permit\ns 29 am A2011-22 amdt 1.408; A2018-29 s 6; A2024-11 amdt 1.11\nProduction of permit\ns 30 am A2018-29 s 7; pars renum R8 LA; A2024-11 amdt 1.12;\nss renum R11 LA\nMeaning of impound and impoundment area—pt 5\ns 32 sub A2018-29 s 8\nDirector-general may impound trespassing stock\ns 33 hdg sub A2011-22 amdt 1.406\ns 33 am A2011-22 amdt 1.406; A2025-29 amdt 4.169\nOccupier may impound trespassing stock\ns 34 am A2025-29 amdt 4.169\nPerson to tell owner and director-general about impounded stock\ns 35 hdg am A2011-22 amdt 1.408\ns 35 am A2011-22 amdt 1.408\nDirector-general may impound stock impounded by someone else\ns 36 hdg am A2011-22 amdt 1.408\ns 36 am A2011-22 amdt 1.408; A2025-29 amdt 4.169\nNotice of impounded stock\ns 37 am A2011-22 amdt 1.408; A2015-33 amdt 1.216; A2018-29\ns 9\nRelease of impounded stock\ns 38 am A2011-22 amdt 1.408\nDisposing of impounded stock\ns 39 am A2011-22 amdt 1.408\nsub A2018-29 s 10\nam A2019-20 s 22\nApplication of the proceeds of impound sales\ns 40 am A2011-22 amdt 1.408\n\nEndnotes\n4 Amendment history\npage 46 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAppointment of authorised people\ns 46 am A2011-22 amdt 1.408\nIdentity cards\ns 47 am A2011-22 amdt 1.408\nPower to require name and address\ns 52 am A2009-49 amdt 3.182\nWarrants—application made other than in person\ns 55 am A2018-33 amdt 1.67, amdt 1.68\nReturn of things seized\ns 62 am A2011-22 amdt 1.408\nNotification and review of decisions\npt 7 hdg sub A2008-37 amdt 1.444\nMeaning of reviewable decision—pt 7\ns 65 sub A2008-37 amdt 1.444\nReviewable decision notices\ns 66 sub A2008-37 amdt 1.444\nam A2025-29 amdt 4.169\nApplications for review\ns 66A ins A2008-37 amdt 1.444\nam A2025-29 amdt 4.169\nDetermination of fees\ns 68 am A2013-42 amdt 1.37; A2025-29 amdt 4.169\nApproved forms\ns 69 am A2013-42 amdt 1.38; A2025-29 amdt 4.169\nRegulation-making power\ns 70 am A2025-29 amdt 4.169\nTransitional\npt 9 hdg exp 26 August 2007 (s 75)\nDefinitions for pt 9\ns 71 exp 26 August 2007 (s 75)\nRegister under repealed Act\ns 72 exp 26 August 2007 (s 75)\nTravelling stock permits made under repealed Act\ns 73 exp 26 August 2007 (s 75)\nTransitional regulations\ns 74 exp 26 August 2007 (s 75)\nExpiry of pt 9\ns 75 exp 26 August 2007 (s 75)\n\nEndnotes\nAmendment history 4\nR12\n05/01/26\nStock Act 2005\nEffective: 05/01/26\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nConsequential amendments and repeals\npt 10 hdg om LA s 89 (3)\nLegislation repealed\ns 76 om LA s 89 (3)\nLegislation amended—sch 1\ns 77 om LA s 89 (3)\nReviewable decisions\nsch 1 om LA s 89 (3)\nins A2008-37 amdt 1.445\nDictionary\ndict am A2008-37 amdt 1.446; A2009-49 amdt 3.183; A2011-22\namdt 1.407; A2024-11 amdt 1.13\ndef camelid ins A2024-11 amdt 1.14\ndef impoundment area ins A2018-29 s 11\ndef large stock am A2024-11 amdt 1.15\ndef minimum stock levy ins A2013-42 amdt 1.39\ndef NLIS requirements ins A2024-11 amdt 1.16\ndef reviewable decision sub A2008-37 amdt 1.447\ndef travel sub A2018-29 s 12\n\nEndnotes\n5 Earlier republications\npage 48 Stock Act 2005\nEffective: 05/01/26\nR12\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n26 Aug 2005\n26 Aug 2005—\n26 Aug 2007\nnot amended new Act\nR2\n27 Aug 2007\n27 Aug 2007–\n1 Feb 2009\nnot amended commenced expiry\nR3\n2 Feb 2009\n2 Feb 2009–\n16 Dec 2009\nA2008-37 amendments by\nA2008-37\nR4\n17 Dec 2009\n17 Dec 2009–\n30 June 2011\nA2009-49 amendments by\nA2009-49\nR5\n1 July 2011\n1 July 2011–\n6 Nov 2013\nA2011-22 amendments by\nA2011-22\nR6\n7 Nov 2013\n7 Nov 2013–\n13 Oct 2015\nA2013-42 amendments by\nA2013-42\nR7\n14 Oct 2015\n14 Oct 2015–\n15 Aug 2018\nA2015-33 amendments by\nA2015-33\nR8\n16 Aug 2018\n16 Aug 2018–\n22 Oct 2018\nA2018-29 amendments by\nA2018-29\nR9\n23 Oct 2018\n23 Oct 2018–\n8 Aug 2019\nA2018-33 amendments by\nA2018-33\nR10\n9 Aug 2019\n9 Aug 2019–\n14 May 2025\nA2019-20 amendments by\nA2019-20\nR11\n15 May 2025\n15 May 2025–\n4 Jan 2026\nA2024-11 amendments by\nA2024-11\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act has expanded beyond a narrow stray‑stock/marking regime to include a recurring revenue and broader biosecurity/movement control dimension. Key scope expansions include: (a) a stock levy and a Minister-set minimum levy (ss 6, 7A, 8–12) that introduce a new revenue and compliance function; (b) integration with national livestock identification (NLIS) requirements for travelling stock (s 26A and ss 29–31), linking ACT rules to national biosecurity systems; and (c) broadened and detailed enforcement and administrative machinery (Part 6) and expanded definitions (eg. camelid, large/small stock). These changes (reflected in recent amendment history) move the Act from primarily addressing marks and stray stock to a more comprehensive regulatory regime covering finance (levies), traceability and stronger administrative oversight."},"complexity_factors":["Full Act length: multiple Parts (1–8), Schedule and Dictionary spanning ~40 pages (moderate length).","Approximately 30 defined terms in the Dictionary plus signpost definitions (many cross-referenced throughout the Act).","Multiple cross-references to other laws: Criminal Code (s 5), Legislation Act, Biosecurity Act/NLIS (s 26A), Animal Welfare Act (s 28 note and s 39 note).","Several instrument types and delegated powers: Ministerial determinations (disallowable instruments) for levy and fees (ss 6, 7A, 68), director-general notifiable instruments (s 7), and regulation-making power (s 70).","Nested conditional logic and exceptions—particularly in travelling-stock regime (ss 26A, 29–31) and in impoundment/release/sale sequences (ss 33–41).","A mix of strict liability offences and ordinary offences across many provisions (eg. ss 9, 11, 21, 29), increasing legal-risk complexity for regulated parties.","Detailed enforcement and warrant procedures with procedural safeguards (Part 6, ss 48–62) that mirror general search-and-seizure law but add Act‑specific steps (eg. consent acknowledgments, 14-day warrant expiry, 72-hour removal period with magistrate extension).","Reviewability carve-outs: a small list of reviewable decisions in Schedule 1 (4 items) but cross-links to ACAT procedures add administrative complexity (Part 7).","Multiple amendment layers in history (incorporating Biosecurity/NLIS and other reforms), producing conditional and transitional provisions to track."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a framework for regulating \"stock\" (farm animals) in the ACT: defining small and large stock, how marks (earmarks and permanent brands) are registered and used, how travelling stock are permitted, and how trespassing stock can be impounded and dealt with (see Parts 2–5).\n\n- Creates a stock levy charged to occupiers of leased land that permits carrying stock. The Minister sets stock units (how many animals equal one unit) and a levy amount per stock unit (s 6). The director-general may determine a land’s stock‑carrying capacity in stock units (s 7). The occupier must lodge an annual return (s 9) and pay the levy (s 8, 10–11). A minimum stock levy can be set (s 7A).\n\n- Sets up registers for marks (earmarks and permanent brands) and gives registered owners exclusive use of their mark (ss 13–17). The director‑general assesses registration applications and may refuse or cancel registrations on stated grounds (ss 15–16, 19). Unauthorised application or alteration of marks is an offence (ss 21–26).\n\n- Requires permits to travel stock (drive or transport outside the holding) unless certain limited exceptions apply (s 26A, ss 27–31). The director‑general can exempt travel circumstances and must consider animal welfare codes when doing so (s 28). The NLIS (national livestock identification system) requirements may operate as an alternative compliance route for travel (s 26A; s 29(2)).\n\n- Provides powers to impound trespassing stock and rules for notice, release, sale and application of sale proceeds (ss 32–41). Occupiers and the director‑general both have roles in impounding and returning stray animals (ss 33–36). If stock is not claimed within 14 days after notice, the director‑general may sell or otherwise dispose of them (s 39) and apply sale proceeds to costs and then to the owner (s 40).\n\n- Establishes enforcement machinery: appointment and ID of authorised officers, entry powers (consensual, at public places, or by warrant), seizure, search-warrant procedures and limits, return/forfeiture rules, and compensation for improper exercise of powers (Part 6). Many procedural safeguards (consent forms, requirement to show ID, warrants limited to 14 days, receipts for seized items, opportunities to be present during searches) are included (ss 46–64).\n\n- Prescribes review rights: certain administrative decisions (eg. stock-carrying capacity, registration refusals or cancellations, earmark approvals) are reviewable by the ACT Civil and Administrative Tribunal (Part 7; Schedule 1).\n\n**Who decides, who pays, and who this affects\n\n- Who decides: the Minister (for levy settings and fees—ss 6, 7A, 68), and the director-general (for land carrying-capacity, mark registration, permits, impounding and most operational decisions—ss 7, 16, 27, 33, 37).\n\n- Who pays: occupiers of leased land permitting stock carry a statutory obligation to pay the stock levy for the financial year (s 8); owners may pay maintenance or travelling fees to recover costs of impoundment and may be liable for additional costs as a debt (ss 38–40).\n\n- Who is affected: lessees/occupiers of land permitting stock, owners of stock, people who travel stock, people seeking to register marks or earmarks, authorised officers exercising enforcement powers, and persons who impound stray stock.\n\n**Why it matters (official rationale and how it plays out)\n\n- Official rationale (as expressed through the Act and its instruments): raise revenue for stock regulation (levy provisions); maintain traceability, animal health and market access by integrating NLIS requirements for travel (s 26A); protect property rights in marks and reduce disputes about ownership of animals (ss 13–21); provide a clear process for handling trespass and stray animals while allocating costs and remedies (Part 5); and give enforcement powers to ensure compliance (Part 6).\n\n- Testing those claims against mechanics, incentives and costs:\n  - Revenue vs compliance cost: the levy (ss 6–8, 7A) creates a recurring cost for occupiers. That cost is set by ministerial instruments (disallowable), and the carrying-capacity determination (s 7) by the director-general drives the taxable base. Implementation risk: accurate determinations and timely returns (7 days after year-end, s 9) create administrative burden for both business (lessees) and the regulator. Opportunity cost: resources spent on administration and compliance are not available for production.\n  - Traceability vs duplicative rules: integrating NLIS requirements (s 26A) lets national electronic identification systems substitute for ACT permits in some cases (s 29(2)). This reduces duplication where NLIS applies, but creates complexity in cases where NLIS does not apply (requiring ACT permits). The regulation-to-regulation cross-linkage increases the need for operators to check multiple instruments (Biosecurity regulations, s 26A reference).\n  - Property clarity vs registration friction: the mark register (ss 13–17) gives exclusive rights to registered owners, reducing disputes over branded animals. Trade-off: costs and delay in registering and in director‑general review (ss 14–16). Cancellation powers (s 19) and offences for unauthorised marking (ss 21–22) concentrate benefits on registered owners while exposing others to strict-liability offences.\n  - Impounding powers vs owner costs and welfare risks: occupiers and the director-general may impound stray stock (ss 33–36). Owners must reclaim within 14 days after notice or risk sale/destruction (ss 37–39). The scheme shifts short-term maintenance and travelling costs onto owners but gives the director‑general discretion to sell or destroy for welfare or cost reasons; that discretion reduces storage cost to the Territory but raises risk for owners.\n  - Enforcement discretion vs safeguards: authorised officers have wide entry, seizure and warrant powers (Part 6) but the Act builds procedural protections (ID cards, consent forms, warrants limited to 14 days, receipts, avenues for compensation—ss 47–64). Compliance costs and legal risk fall on stock owners and occupiers; administrative costs fall on the Territory to staff and process enforcement.\n\n**Practical compliance points (who must act and what to watch)\n\n- Lessees: check whether your lease permits carrying stock, cooperate with stock‑carrying capacity assessments (s 7), lodge the annual return within 7 days after the year ends (s 9), and be ready to pay within 90 days of notice (s 11).\n- Stock owners: register marks if you want exclusive rights (s 16–17), ensure earmarking/branding follows size and placement rules (s 16(2)(c), s 26), comply with travel permits or NLIS requirements when moving stock (ss 26A, 29–31), and promptly reclaim impounded stock or risk disposal (ss 37–40).\n- Anyone dealing with authorised officers: ask to see ID (ss 47, 50(1)(a)); if asked to consent to entry, insist on a signed acknowledgment (s 50(2)).\n\n**Key legal levers and risks to note\n\n- Many determinations and fees are set by disallowable instruments (Minister) or notifiable instruments (director-general) (ss 6, 7, 68). That centralises operational settings in executive instruments that are subject to parliamentary disallowance rather than full legislative amendment.\n- Several offences are strict liability (eg. failure to lodge returns s 9; unauthorised marking s 21; travelling without a permit s 29(3)), which lowers prosecutorial burden but raises compliance risk for individuals who may unintentionally breach technical requirements.\n- Cross-references to other Acts (Criminal Code, Legislation Act, Biosecurity Act/NLIS, Animal Welfare Act) mean operators must monitor multiple legislative instruments and subordinate rules to stay compliant (see s 5 notes and s 26A).\n\n**Where costs and benefits concentrate (implementation perspective)\n\n- Concentrated benefits: registered mark owners receive exclusive legal protection (ss 16–17), and the Territory recovers direct costs of impounding via fees and sale proceeds (ss 38–40).\n- Diffuse costs: lessees and small operators bear compliance costs from levy calculations, returns, permit applications and potential strict-liability offences. Administrative burden for the Territory rises with the need to make determinations, process registrations, manage impoundments and run enforcement.\n\nOverall, the Act creates a comprehensive regulatory and enforcement regime for stock in the ACT: it combines revenue-raising (levy), property-protection (marks), movement controls (permits and NLIS cross-reference), and enforcement/impoundment powers, with administrative discretion given to the Minister and the director-general and procedural safeguards for those subject to enforcement. (See ss 6–12, 13–26, 26A–31, 32–41, 45–64.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 2005 Act appears to have been primarily concerned with stock identification (marks) and impoundment. Over time, the scope has expanded significantly through amendments to include: (1) a comprehensive stock levy/taxation scheme added in 2013 (Part 2, sections 6-12); (2) modern biosecurity integration via the NLIS requirements in 2024; (3) detailed enforcement powers mirroring general regulatory schemes (Part 6); and (4) administrative review mechanisms (Part 7). The Act has evolved from a simple 'stray animals and branding' law into a comprehensive livestock management and revenue-raising framework."},"complexity_factors":["Moderate length (70 sections plus schedules) covering four distinct regulatory schemes (taxation, property identification, movement permits, and impoundment)","Cross-references to external legislation including the Criminal Code, Legislation Act 2001, Biosecurity Act 2023, Animal Welfare Act 1992, and Road Transport (General) Act 1999","Mathematical formula for calculating stock levy (Section 8) with multiple variables and a 'greater of' comparison with minimum levy","Conditional exceptions to offences with evidential burdens (e.g., Section 29(2) travelling stock exemptions)","Detailed procedural requirements for enforcement powers including consent acknowledgments (Section 50), remote warrant applications (Section 55), and return/forfeiture timelines (Section 62)","21 defined terms in the Dictionary plus signpost definitions scattered throughout the Act","Nested conditions in impoundment release and sale proceeds distribution (Sections 38-40)","Interaction between common law rights and statutory impoundment powers (Section 44)"],"plain_english_summary":"The Stock Act 2005 governs how livestock are managed in the ACT: it imposes an annual levy on land used to carry stock, requires registered identification marks, controls movement and permits, and authorises impounding, enforcement and review.  \n\nIt affects landholders, stock owners, transporters and authorised officers by setting payment, ID, movement, seizure and appeal rules to protect property, public safety and biosecurity and ensure compliance."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/stock-act-2005","history":"/api/acts/stock-act-2005/history","analysis":"/api/acts/stock-act-2005/analysis","conflicts":"/api/acts/stock-act-2005/conflicts","importantCases":"/api/acts/stock-act-2005/important-cases","documents":"/api/acts/stock-act-2005/documents"}}