{"id":"stock-seller-liability-and-declarations-act-1993","name":"Stock (Seller Liability and Declarations) Act 1993","slug":"stock-seller-liability-and-declarations-act-1993","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173498,"registerId":"vic-stock-seller-liability-and-declarations-act-1993-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Stock (Seller Liability and Declarations) Act 1993","content":"Version No. 031\n\n**Stock (Seller Liability and Declarations) Act 1993**\n\n**No. 113 of 1993**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 2\n\n4 Governor in Council may make orders 4\n\nPart 2—Conditions of sale of stock or livestock products 5\n\n5 Stock sold must meet minimum requirements 5\n\n6 Consequences of breaching a section 5 condition 5\n\n7 Who owns stock that has been sold with a relevant disease or condition? 7\n\n8 Buyer may renounce ownership of stock 8\n\n9 Consequences of breaching a section 5 condition if carcass of stock partially condemned 8\n\n10 Limitation of effect of section 5 special condition 9\n\nPart 3—Declarations by sellers as to quality of stock or livestock products 10\n\n11 Seller may make an ongoing declaration as to quality 10\n\n12 Seller may make a one-off declaration as to quality 11\n\n13 Consequences of breaching a declaration 12\n\n14 Withdrawal of an ongoing declaration 13\n\n15 Register of ongoing declarations 14\n\n16 Registration of ongoing declarations 14\n\n17 Secretary may suspend registration of ongoing declaration on certain grounds 15\n\n17A Secretary may cancel registration of suspended declaration if grounds remain 16\n\n18 Register may be inspected 18\n\n18A Other declarations as to quality of stock 18\n\nPart 4—Disputes 20\n\n19 Seller must presume certificates valid 20\n\n20 Procedure if a seller wishes to dispute the accuracy of a certificate 20\n\n21 Procedure if seller disputes the amount claimed by buyer 22\n\n22 Defence to claim by buyer if amount claimed excessive 22\n\nPart 4A—Review by Victorian Civil and Administrative Tribunal 23\n\n22A Review by VCAT 23\n\nPart 5—Administrative and enforcement provisions 24\n\n23 Secretary may delegate powers and functions 24\n\n24 Secretary may set fees 24\n\n25 Appointment of inspectors 24\n\n26 Power of inspectors to enter property to enforce this Act 25\n\n27 Powers of person holding a warrant 26\n\n28 Offences concerning the execution of warrants 27\n\n29 Infringement notice 27\n\n32 Only stock inspectors may bring prosecutions under this Act 28\n\nPart 6—Miscellaneous provisions 29\n\n33 Certificates as to contents of register are evidence 29\n\n34 How presence of disease or condition may be established 29\n\n35 How cost of stock sold as part of a lot to be determined 30\n\n36 Recovery of amounts owed 30\n\n37 Rights conferred by this Act additional to other rights 30\n\n38 Regulations 30\n\nSchedule—Offences for which infringement notices may be issued 35\n\nEndnotes 36\n\n1 General information 36\n\n2 Table of Amendments 38\n\n3 Explanatory details 41\n\n**Version No.** **031**\n\n**Stock (Seller Liability and Declarations) Act 1993**\n\n**No. 113 of 1993**\n\nVersion incorporating amendments as at  \n22 October 2025\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe purpose of this Act is—\n\n(a) to require that certain species of stock be free of particular diseases and not be in particular conditions when sold; and\n\nS. 1(b) amended by No. 80/1996 s. 4.\n\n(b) to establish a system that will enable sellers of certain species of stock or livestock products to declare that particular stock or livestock products sold by them meet a specified description and that will enable buyers of stock or livestock products to have confidence in those declarations; and\n\n(c) to protect and ensure the quality of livestock and livestock products for national and international markets.\n\n\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 to be proclaimed.\n\n(3) If a provision referred to subsection (2) does not come into operation before 1 July 1994, it comes into operation on that day.\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *exempt agreement* inserted by No. 80/1996 s. 5(a).\n\n***exempt agreement*** means an agreement for the sale of stock or livestock products that is exempted by the regulations from the provisions of Part 2;\n\nS. 3(1) def. of *livestock product* inserted by No. 80/1996 s. 5(a).\n\n***livestock product*** means—\n\n(a) milk, wool or honey; or\n\n(b) any other produce of stock that is declared to be a livestock product for the purposes of this Act by an Order of the Governor in Council made under section 4;\n\n***meat inspector*** means a person appointed as an inspector under the **Meat Industry Act 1993** or who is an authorized officer under the Meat Inspection Act 1983 of the Commonwealth;\n\n***one-off declaration*** means a declaration to which section 12(2) applies;\n\n***ongoing declaration*** means a declaration to which section 11(2) applies;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 159).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***prescribed*** means prescribed by the regulations;\n\nS. 3(1) def. of *relevant condition* amended by No. 80/1996 s. 5(b)(i)(ii).\n\n***relevant condition*** means any condition that is prescribed by the regulations as a condition that, for the purposes of Part 2, all stock, or any class of stock, of a particular species, or any particular livestock products, are not to be in at the time they are sold;\n\nS. 3(1) def. of *relevant disease* amended by No. 80/1996 s. 5(c)(i)(ii).\n\n***relevant disease*** means any disease that is prescribed by the regulations as a disease that, for the purposes of Part 2, all stock, or any class of stock, of a particular species, or any particular livestock products, are to be free of at the time they are sold;\n\nS. 3(1) def. of *Secretary* and *Secretary of the Department* inserted by No. 80/1996 s. 5(a), amended by Nos 56/2003 s. 11(Sch. item 18), 70/2013 s. 4(Sch. 2 item 48), 41/2025 s. 4(Sch. 2 item 26).\n\n***Secretary*** and ***Secretary of the Department*** mean Secretary to the Department of Energy, Environment and Climate Action;\n\n***stock*** means any stock that is a member of—\n\n(a) a species that is used for food or produces food products or fibre; or\n\n(b) a species that is declared to be a species to which this Act applies by an Order of the Governor in Council made under section 4;\n\nS. 3(1) def. of *stock inspector* amended by No. 115/1994 s. 142(Sch. 2 item 7).\n\n***stock inspector*** means a person appointed as an inspector under section 25 or as inspector of livestock under the **Livestock Disease Control Act 1994**;\n\nS. 3 def. of *veterinarian* substituted by No. 58/1997  \ns. 96(Sch. item 8).\n\n***veterinarian*** means a veterinary practitioner registered under the **Veterinary Practice Act 1997**;\n\n(2) A reference to the condition of stock includes a state in which the body of the stock contains an object or a substance.\n\nS. 4 substituted by No. 80/1996 s. 6.\n\n\t4 Governor in Council may make orders\n\nThe Governor in Council, by Order published in the Government Gazette—\n\n(a) may declare any species of stock to be a species to which this Act applies;\n\n(b) may declare any produce of stock to be a livestock product for the purposes of this Act.\n\nPt 2 (Heading) amended by No. 80/1996 s. 7.\n\nPart 2—Conditions of sale of stock or livestock products\n\n\t5 Stock sold must meet minimum requirements\n\nS. 5(1) amended by No. 80/1996 s. 8(1)(a)  \n(i)–(iii).\n\n(1) It is a special condition of every agreement (other than an exempt agreement) for the sale of prescribed stock or a prescribed livestock product that the stock or product is free from every relevant disease and is not in any relevant condition.\n\n(2) Any term of an agreement that purports to exclude or vary this special condition is void.\n\nS. 5(3) amended by No. 80/1996 s. 8(1)(b).\n\n(3) Despite subsection (2) and anything else to the contrary in or under this Act, an agreement that contains a written acknowledgement signed by the buyer that stock or a livestock product—\n\n(a) has a relevant disease or is in a relevant condition that is specified in the acknowledgement; or\n\n(b) may have a relevant disease or may be in a relevant condition that is specified in the acknowledgement—\n\nmay exclude this special condition with respect to that disease or condition.\n\n\t6 Consequences of breaching a section 5 condition\n\nS. 6(1) amended by No. 80/1996 s. 8(2)(a)(c).\n\n(1) This section applies if stock or a livestock product is bought and, within the time specified by the regulations with respect to a relevant disease or condition—\n\nS. 6(1)(a) amended by No. 80/1996 s. 8(2)(b).\n\n(a) the buyer of the stock or product obtains a certificate from a stock inspector, meat inspector, veterinarian or prescribed analyst that states that the stock or product has that disease or condition; or\n\n(b) the stock is slaughtered and a meat inspector totally condemns the carcass of the stock and issues a certificate that states that the condemnation resulted from the inspector's opinion that the stock had that disease or was in that condition at the time it was slaughtered; or\n\n(c) the stock dies and the buyer obtains a certificate from a stock inspector, meat inspector, veterinarian or prescribed analyst that states that the stock had that disease or was in that condition at the time it died—\n\nand the buyer gives a copy of the certificate to the seller of the stock or product attached to a notice stating that the buyer is invoking this section.\n\nS. 6(1A) inserted by No. 80/1996 s. 8(3).\n\n(1A) A certificate referred to in subsection (1) must contain the prescribed information.\n\nS. 6(2) amended by No. 80/1996 s. 8(4).\n\n(2) The buyer is not liable to pay the seller any money that is still owing in respect of the sale of the stock or livestock product.\n\nS. 6(3) amended by No. 80/1996 s. 8(4).\n\n(3) The seller must, within 24 hours of receiving the notice, refund any money that has been paid to the seller by, or on behalf of, the buyer in respect of the sale of the stock or livestock product.\n\n1. 20 penalty units for a first offence;\n\n\n50 penalty units for a second or subsequent offence.\n\n(4) For the purposes of subsection (1)(c), it is not necessary for the certificate to state that the death of the stock was caused, or contributed to, by the relevant disease or condition.\n\nS. 6(5) inserted by No. 80/1996 s. 8(5).\n\n(5) This section does not apply in the case of a sale of stock or livestock products under an exempt agreement.\n\n\t7 Who owns stock that has been sold with a relevant disease or condition?\n\nS. 7(1) amended by No. 80/1996 s. 8(6).\n\n(1) The seller may retake possession of any stock or livestock product that is the subject of a notice under section 6(1) within 7 days of receiving the notice if—\n\nS. 7(1)(a) amended by No. 80/1996 s. 8(6).\n\n(a) the stock or livestock product is still in the possession or under the control of the buyer; and\n\nS. 7(1)(b) amended by No. 80/1996 s. 8(6).\n\n(b) the seller has refunded all the money paid by the buyer in respect of the stock or livestock product.\n\nS. 7(2) amended by No. 80/1996 s. 8(6).\n\n(2) If the seller does this, the ownership of the stock or livestock product reverts to the seller (if the stock or livestock product is not still owned by the seller) once the seller retakes possession of the stock or livestock product.\n\nS. 7(3) amended by No. 80/1996 s. 8(6).\n\n(3) If the seller does not do this, the ownership of the stock or livestock product remains with the buyer, or passes to the buyer at the end of the 7th day after the seller receives the notice (as the case may be).\n\nS. 7(4) amended by No. 80/1996 s. 8(6).\n\n(4) However, if a seller's failure to retake possession is caused by any action taken, or not taken, by the buyer that impedes any action taken by the seller to refund any money owed to the buyer or to retake possession of the stock or livestock product, subsection (3) does not apply and the ownership of the stock or livestock product reverts to the seller (if the stock or livestock product is not still owned by the seller) at the end of the 7th day after the seller receives the notice.\n\n(5) In this section a reference to stock is a reference to the carcass of the stock, and any product derived from the carcass of the stock, if the stock is dead.\n\n\t8 Buyer may renounce ownership of stock\n\nS. 8(1) amended by No. 80/1996 s. 8(7).\n\n(1) A buyer may renounce the ownership of any stock, livestock product or carcass that is the subject of a notice under section 6(1) by making a statement to that effect in the notice.\n\nS. 8(2) amended by No. 80/1996 s. 8(7).\n\n(2) If the buyer does this, the ownership of the stock, livestock product or carcass reverts to the seller on the seller receiving the notice.\n\n(3) Section 7(3) has no effect if a buyer renounces ownership under this section.\n\n\t9 Consequences of breaching a section 5 condition if carcass of stock partially condemned\n\n(1) This section applies if—\n\n(a) a meat inspector—\n\n(i) partially condemns the carcass; or\n\n(ii) downgrades the carcass; or\n\n(iii) wholly or partially condemns or downgrades any product derived from the carcass—\n\nof any stock that has been slaughtered within the time specified by the regulations with respect to the relevant disease or condition that caused the condemnation or downgrading; and\n\n(b) the inspector issues a certificate that states that the condemnation or downgrading resulted from the inspector's opinion that the stock had a relevant disease or was in a relevant condition at the time it was slaughtered; and\n\n(c) the buyer of the stock gives a copy of the certificate to the seller of the stock attached to a notice stating that the buyer is invoking this section.\n\n(2) On receiving the notice the seller is liable to pay the buyer the amount set out in the regulations as the damages to be paid in respect of carcasses or products with the relevant disease or condition.\n\n(3) The buyer may offset any amount the buyer is entitled to under subsection (2) against any amount the buyer owes the seller in respect of the purchase of any stock or carcass.\n\n(4) If the seller is still liable to pay the buyer an amount under this section once all possible offsets have been taken into account, the seller must pay the amount to the buyer within 24 hours of receiving a written demand that specifies the amount owing and how it was calculated.\n\nPenalty for breaching this subsection: 20 penalty units for a first offence;\n\n50 penalty units for a second or subsequent offence.\n\nS. 9(5) inserted by No. 80/1996 s. 8(8).\n\n(5) This section does not apply in the case of a sale of stock under an exempt agreement.\n\n\t10 Limitation of effect of section 5 special condition\n\nSubject to any rights conferred on a buyer by any law other than this Act, the rights given to a buyer by sections 6, 7, 8 and 9 are the only rights the buyer may exercise in relation to a failure by a seller to comply with the special condition set out in section 5.\n\nPt 3 (Heading) amended by No. 80/1996 s. 9.\n\nPart 3—Declarations by sellers as to quality of stock or livestock products\n\n\t11 Seller may make an ongoing declaration as to quality\n\n(1) This section applies if—\n\nS. 11(1)(a) amended by No. 80/1996 s. 10(1)(a)(i)(ii).\n\n(a) a person who intends to sell stock of a particular species or particular livestock products declares that all stock of that species or all those products sold by the person during the period set out in the declaration that are marked in a way described in the declaration—\n\n(i) will be, or will not be, in a certain condition described in the regulations for the purposes of this Part; or\n\nS. 11(1)(a)(ii) amended by No. 22/2004 s. 14(a).\n\n(ii) will have, or will not have, certain characteristics described in the regulations for the purposes of this Part; or\n\nS. 11(1)(a)(iii) inserted by No. 22/2004 s. 14(b).\n\n(iii) will be, or will not be, free of certain diseases described in the regulations for the purposes of this Part; and\n\nS. 11(1)(b) amended by No. 80/1996 s. 10(1)(b).\n\n(b) the person makes the declaration in writing in the prescribed form and containing the prescribed information and signs it; and\n\n(c) the person registers the declaration with the Secretary of the Department.\n\nS. 11(2) amended by No. 80/1996 s. 10(2)(a)–(d).\n\n(2) The person must ensure that all stock or products marked in a way described in the declaration that the person sells during the period set out in the declaration comply with the declaration.\n\n1. 60 penalty units for a first offence;\n\n\n120 penalty units for a second or subsequent offence.\n\n\t12 Seller may make a one-off declaration as to quality\n\n(1) This section applies if—\n\nS. 12(1)(a) amended by No. 80/1996 s. 10(3)(a)(i)(ii).\n\n(a) a person who intends to sell particular stock or particular livestock products declares that all that stock or those products—\n\n(i) are, or are not, in a certain condition described in the regulations for the purposes of this Part; or\n\nS. 12(1)(a)(ii) amended by No. 22/2004 s. 15(a).\n\n(ii) have, or do not have, certain characteristics described in the regulations for the purposes of this Part; or\n\nS. 12(1)(a)(iii) inserted by No. 22/2004 s. 15(b).\n\n(iii) will be, or will not be, free of certain diseases described in the regulations for the purposes of this Part; and\n\nS. 12(1)(b) amended by No. 80/1996 s. 10(3)(b).\n\n(b) the person makes the declaration in writing in the prescribed form and containing the prescribed information and signs it; and\n\nS. 12(1)(c) amended by No. 80/1996 s. 10(3)(c).\n\n(c) the person sells the stock or products; and\n\nS. 12(1)(d) amended by No. 80/1996 s. 10(3)(d).\n\n(d) the declaration is delivered to the buyer of the stock or products or to the buyer's agent (either before or after the sale).\n\nS. 12(2) amended by No. 80/1996 s. 10(4)(a)–(d).\n\n(2) The person must ensure that all stock or products in respect of which the declaration is made that is sold to the buyer comply with the declaration.\n\n1. 60 penalty units for a first offence;\n\n\n120 penalty units for a second or subsequent offence.\n\n\t13 Consequences of breaching a declaration\n\n(1) This section applies if a buyer—\n\nS. 13(1)(a) amended by No. 80/1996 s. 10(5)(a)(i).\n\n(a) buys stock or a livestock product which is the subject of an ongoing or one-off declaration; and\n\nS. 13(1)(b) amended by No. 80/1996 s. 10(5)(a)(ii).\n\n(b) obtains, within the time specified by the regulations with respect to a condition or characteristic, a certificate from a stock inspector, meat inspector, veterinarian or prescribed analyst that states that the stock or product is in a state that is not in accord with the declaration (or was in such a state at the time it died or was slaughtered); and\n\nS. 13(1)(c) amended by No. 80/1996 s. 10(5)(a)(ii).\n\n(c) gives a copy of the certificate to the seller of the stock or product attached to a notice stating that the buyer is invoking this section.\n\nS. 13(2) amended by No. 80/1996 s. 10(5)(b).\n\n(2) On receiving the notice the seller is liable to pay the buyer the amount set out in the regulations as the damages to be paid in respect of stock or livestock products in the state detailed in the certificate.\n\nS. 13(3) amended by No. 80/1996 s. 10(5)(c).\n\n(3) The buyer may offset any amount the buyer is entitled to under subsection (2) against any amount the buyer owes the seller in respect of the purchase of any stock, livestock product or carcass.\n\n(4) If the seller is still liable to pay the buyer an amount under this section once all possible offsets have been taken into account, the seller must pay the amount to the buyer within 24 hours of receiving a written demand that specifies the amount owing and how it was calculated.\n\nPenalty for breaching this subsection: 20 penalty units for a first offence;\n\n50 penalty units for a second or subsequent offence.\n\n\t14 Withdrawal of an ongoing declaration\n\nS. 14(1) amended by No. 22/2004 s. 16.\n\n(1) A person who has made an ongoing declaration that has been registered by the Secretary may withdraw the declaration at any time by filing a notice of withdrawal with the Secretary of the Department.\n\n(2) A notice of withdrawal must be in the form required by the regulations and must be signed by the person who made the declaration.\n\n(3) The Secretary may refuse to accept for filing a notice of withdrawal if the request for filing is not accompanied by the required fee.\n\n(4) A declaration ceases to have effect 90 days after the date a notice of withdrawal made in respect of the declaration is accepted for filing by the Secretary.\n\nS. 14(5) amended by No. 80/1996 s. 11.\n\n(5) Sections 11(2) and 13 do not apply in respect of any stock or livestock products sold after a declaration ceases to have effect.\n\nS. 14(6) amended by No. 80/1996 s. 11.\n\n(6) If negotiations concerning the sale of stock or livestock products were begun with a prospective buyer of the stock or livestock products before a declaration ceased to have effect as the result of the operation of subsection (4) and the prospective buyer in fact buys the stock or livestock products, sections 11(2) and 13 continue to apply to the sale even though the sale occurred after the declaration ceased to have effect.\n\nS. 14(7) amended by No. 80/1996 s. 11.\n\n(7) Subsection (6) does not apply if the seller of the stock or livestock products gave the buyer a copy of the notice of withdrawal before the sale was made.\n\n\t15 Register of ongoing declarations\n\n(1) The Secretary of the Department must ensure that a register is kept of all ongoing declarations registered by the Secretary.\n\n(2) The register must show—\n\n(a) the name and address of the person making the declaration; and\n\n(b) the date the declaration was registered; and\n\n(c) the date the declaration will expire; and\n\n(d) the contents of the declaration; and\n\n(e) whether a notice of withdrawal of the declaration has been filed; and\n\n(f) if a notice of withdrawal of the declaration has been filed, the date the declaration is to cease to have effect.\n\nS. 16 substituted by No. 22/2004 s. 17.\n\n\t16 Registration of ongoing declarations\n\n(1) The Secretary may register an ongoing declaration if—\n\n(a) requested in writing to do so by the person who made the declaration; and\n\n(b) the request for registration is accompanied by the required fee (if any).\n\n(2) The Secretary may refuse to register the declaration if—\n\n(a) the person making the declaration has been convicted of an offence against section 11 or 12 within the 3 years immediately before the date the registration is requested; or\n\n(b) the Secretary has reasonable grounds for believing that the person making the declaration will be unable to comply with any part of the declaration.\n\n(3) In deciding whether to refuse registration on the ground set out in subsection (2)(a), the Secretary must have regard to the seriousness of the offence.\n\n(4) The Secretary must, within 14 days of making a decision under subsection (1) or (2), give the person—\n\n(a) written notice of the decision, including the date of the decision; and\n\n(b) if the Secretary refuses the registration, a written statement setting out the reasons for refusing the registration which must accompany the notice.\n\nS. 17 substituted by No. 22/2004 s. 18.\n\n\t17 Secretary may suspend registration of ongoing declaration on certain grounds\n\n(1) The Secretary may suspend the registration of an ongoing declaration for a period not exceeding 3 years if the Secretary is satisfied that any of the following grounds exist—\n\n(a) the person who made the declaration will be unable to comply with any part of the declaration;\n\n(b) the person who made the declaration has not complied with any part of the declaration;\n\n(c) the continued existence of the declaration on the register may cause damage to the Victorian or Australian livestock industry or any segment of that industry.\n\n(2) The Secretary must give written notice to a person whose declaration has been suspended of the decision to suspend the registration (including the date of the decision) accompanied by a written statement setting out the reasons for suspending the registration.\n\n(3) A suspension of the registration of an ongoing declaration takes effect on—\n\n(a) the 28th day after the person who made the declaration received the notice of the suspension under subsection (2); or\n\n(b) if the person requests a statement of reasons for the decision under the **Victorian Civil and Administrative Tribunal Act 1998**, the 28th day after the day on which the statement 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; or\n\n(c) if the person applies to the  Victorian Civil and Administrative Tribunal for a review of the decision, the day that the Tribunal affirms the decision of the Secretary to suspend the registration.\n\nS. 17A inserted by No. 22/2004 s. 18.\n\n\t17A Secretary may cancel registration of suspended declaration if grounds remain\n\n(1) The Secretary may cancel the registration of an ongoing declaration that has been suspended under section 17.\n\n(2) The Secretary may cancel the registration if—\n\n(a) more than half the period of the suspension has expired; and\n\n(b) the Secretary is satisfied that any of the grounds upon which the suspension was based still exist.\n\n(3) If the Secretary cancels the registration of an ongoing declaration, he or she must, within 14 days of the decision to cancel the registration, give to the person whose registration is cancelled a written notice setting out the following—\n\n(a) that the Secretary has decided to cancel the registration;\n\n(b) the date of the decision;\n\n(c) the reasons why the Secretary is satisfied that the ground or grounds for suspension still exist;\n\n(d) that the person may apply for a review of the decision under section 22A.\n\n(4) The cancellation of the registration of an ongoing declaration takes effect on—\n\n(a) the 28th day after the day that the person who made the declaration received notice of the cancellation under subsection (3); or\n\n(b) if the person requests a statement of reasons for the decision under the **Victorian Civil and Administrative Tribunal Act 1998**, the 28th day after the day on which the statement 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; or\n\n(c) if the person applies to the  Victorian Civil and Administrative Tribunal for a review of the decision, the date that the Tribunal affirms the decision of the Secretary to cancel the registration.\n\n(5) If—\n\n(a) the Secretary cancels the registration of an ongoing declaration; and\n\n(b) gives notice of the cancellation within the period of suspension; and\n\n(c) the period of suspension of the registration expires before the cancellation takes effect under subsection (4)—\n\nthe suspension is to be treated as continuing to have effect until the day the cancellation takes effect.\n\n\t18 Register may be inspected\n\nThe Secretary of the Department must permit any person who has paid the required inspection fee (if any) to inspect the register of ongoing declarations and to make copies of anything on the register.\n\nS. 18A inserted by No. 80/1996 s. 12.\n\n\t18A Other declarations as to quality of stock\n\n(1) This section applies to a declaration—\n\n(a) that may be made by, or on behalf of, a seller of stock; and\n\nS. 18A(1)(b) substituted by No. 22/2004 s. 20.\n\n(b) that relates to the—\n\n(i) treatment of that stock; or\n\n(ii) feed of that stock; or\n\n(iii) husbandry of that stock; or\n\n(iv) pasturing of that stock; or\n\n(v) health status of that stock, including whether or not it is free from disease;  or\n\n(vi) testing of that stock for the presence of disease; and\n\n(c) that is in, or is to the like effect of, a form specified by the Secretary, by notice published in the Government Gazette, to be a declaration to which this section applies.\n\n(2) A notice referred to in subsection (1)(c)—\n\n(a) may require a person who makes a declaration to retain a copy of it for a specified period; and\n\n(b) may require a person who receives a declaration to retain it for a specified period.\n\n(3) A person must not make a declaration to which this section applies that the person knows to be false.\n\n1. 60 penalty units for a first offence;\n\n\n120 penalty units for a second or subsequent offence.\n\n(4) A person who is required by a notice under subsection (2) to retain a declaration, or a copy of it, must do so for the period specified in the notice.\n\n1. 5 penalty units.\n\n\nPart 4—Disputes\n\n\t19 Seller must presume certificates valid\n\n(1) A seller who has been given a copy of a certificate under section 6(1), 9(1) or 13(1) must presume for the purposes of sections 6, 9 and 13 respectively—\n\nS. 19(1)(a) amended by No. 80/1996 s. 13(a).\n\n(a) that any statement made in the certificate concerning the state of any stock, livestock product or carcass is accurate; and\n\n(b) that the person who issued the certificate is the person, and has the qualifications, claimed on the certificate.\n\n(2) It is not a defence to a charge under section 6(3), 9(4) or 13(4)—\n\n(a) that the seller believed, or could show, that the certificate on which a notice under that section was based was inaccurate; or\n\n(b) that the seller had made an application under section 20.\n\n\t20 Procedure if a seller wishes to dispute the accuracy of a certificate\n\n(1) If a seller who has received a notice under section 6, 9 or 13 disputes the accuracy of the certificate on which the notice is based, the seller may apply to the Magistrates' Court for a declaration under this section.\n\n(2) A magistrate may declare that a certificate is defective if—\n\n(a) both the seller and buyer have been given a chance to be heard; and\n\n(b) the magistrate is satisfied that the certificate—\n\nS. 20(2)(b)(i) amended by No. 80/1996 s. 13(a).\n\n(i) contains a material inaccuracy that casts substantial doubt on whether the stock, livestock product or carcass to which the certificate relates is, or was, in the state detailed in the certificate; or\n\n(ii) was based on the results of a test that was not properly conducted, or that was not conducted in accordance with any relevant regulations; or\n\n(iii) was issued by a person who was not at the time the certificate was issued a stock inspector, meat inspector, veterinarian or prescribed analyst.\n\nS. 20(3) amended by No. 80/1996 s. 13(b).\n\n(3) If a seller who has obtained a declaration under this section serves a copy of the order containing the declaration on the buyer, the buyer must refund to the seller any money that the seller paid to the buyer under section 6, 9 or 13 (as the case may be) in respect of any stock or livestock products to which the certificate relates within 24 hours of receiving the copy of the order.\n\n1. 20 penalty units for a first offence;\n\n\n50 penalty units for a second or subsequent offence.\n\nS. 20(4) amended by No. 80/1996 s. 13(c).\n\n(4) On the buyer refunding the money, the ownership of the stock, livestock product or carcass remains with, or reverts to, (as the case may be) the person who would have been the owner of the stock, livestock product or carcass under the sale agreement if no action had been taken under section 6, 9 or 13.\n\n\t21 Procedure if seller disputes the amount claimed by buyer\n\n(1) If a seller who has received a written demand under section 9(4) or 13(4) disputes the amount claimed, the seller may apply to the Magistrates' Court for a declaration under this section.\n\n(2) After giving both the seller and buyer a chance to be heard, if a magistrate is satisfied that the amount claimed is excessive, he or she may make a declaration stating that fact and may determine the amount that should have been claimed.\n\n(3) If the seller still owes the buyer an amount of money under this Act once a determination has been made, the seller must pay the buyer that amount within 24 hours of the determination being made by the magistrate.\n\n1. 20 penalty units for a first offence;\n\n\n50 penalty units for a second or subsequent offence.\n\n\t22 Defence to claim by buyer if amount claimed excessive\n\nIt is a defence to a charge under section 9(4) or 13(4) if, within 24 hours of the seller receiving a written demand under that section, the seller gives the buyer—\n\n(a) a written notice stating that the seller disputes the amount claimed and setting out the amount the seller believes should have been claimed and how that amount was calculated; and\n\n(b) the amount (if any) that on the seller's calculation is still owed to the buyer by the seller.[[1]](#endnote-2)\n\nPt 4A (Heading and s. 22A) inserted by No. 22/2004 s. 19.\n\nPart 4A—Review by Victorian Civil and Administrative Tribunal\n\nS. 22A inserted by No. 22/2004 s. 19.\n\n\t22A Review by VCAT\n\n(1) A person whose interests are affected by the relevant decision may apply to the Victorian Civil and Administrative Tribunal established under the **Victorian Civil and Administrative Tribunal Act 1998** for review of—\n\n(a) a decision to refuse to register an ongoing declaration; or\n\n(b) a decision to suspend the registration of an ongoing declaration; or\n\n(c) a decision to cancel the registration of an ongoing declaration.\n\n(2) An application for review under subsection (1) must be made within 28 days—\n\n(a) of the day on which the Secretary gives notice of the decision to the person; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, of 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\nPart 5—Administrative and enforcement provisions\n\n\t23 Secretary may delegate powers and functions\n\nS. 23(1) amended by No. 46/1998  \ns. 7(Sch. 1).\n\n(1) The Secretary of the Department may delegate any of the functions or powers given to him or her by this Act (except this power of delegation) to any employee of the Department.\n\nS. 23(2) amended by No. 46/1998  \ns. 7(Sch. 1).\n\n(2) A delegation must be made in writing and may identify the employee by name or by office.\n\n\t24 Secretary may set fees\n\n(1) The Secretary of the Department may, by notice published in the Government Gazette, set the fees that are to be paid for—\n\n(a) the registration and withdrawal of ongoing declarations;\n\n(b) the inspection of the register of ongoing declarations;\n\n(c) the issue of certificates concerning the contents of the register.\n\n(2) In setting registration fees, the Secretary may impose annual fees, or different fees having regard to the period a declaration is to apply for or the conditions or characteristics in respect of which the declaration is made.\n\n\t25 Appointment of inspectors\n\n(1) Inspectors may be appointed from time to time for the purposes of this Act.\n\nS. 25(2) amended by No. 115/1994 s. 142(Sch. 2 item 7).\n\n(2) The Secretary of the Department must provide every inspector under this Act who is not a meat inspector or an inspector of livestock appointed under the **Livestock Disease Control Act 1994** with a certificate of identification.\n\n\t26 Power of inspectors to enter property to enforce this Act\n\nS. 26(1) amended by No. 80/1996 s. 13(d)(i).\n\n(1) A magistrate may issue a warrant to a stock inspector in respect of a property that is, or has been, used for the production or holding of stock or livestock products intended for sale.\n\n(2) A magistrate may only issue the warrant if he or she is satisfied that it is reasonable for the stock inspector applying for the warrant to have access to the property to check—\n\nS. 26(2)(a) amended by No. 80/1996 s. 13(d)(ii).\n\n(a) whether the practices carried out on the property in the production or holding of stock or livestock products are consistent with any ongoing or one-off declaration made by the owner of the stock or livestock products or the occupier of the property; or\n\nS. 26(2)(b) amended by No. 80/1996 s. 13(d)(ii).\n\n(b) whether stock or livestock products on the property that are marked, or that are to be marked, in a way set out in an ongoing declaration are in a condition that is consistent with that declaration; or\n\n(c) whether there are things on the property that are relevant to determining whether any undertaking made in an ongoing or one-off declaration has been complied with; or\n\n(d) whether the requirements of the regulations have been complied with.\n\n(3) A warrant authorises the stock inspector to whom it has been issued to enter the property in respect of which it is issued and to use any assistance and force that may be reasonably necessary for that purpose.\n\n(4) A warrant has no force unless it is signed by the magistrate who issued it and there is stated on it—\n\n(a) the address of the property in respect of which it has been issued; and\n\n(b) the name of the person to whom it has been issued and the purpose for which it was issued; and\n\n(c) the times of the day or night during which it may be executed; and\n\n(d) the days of the week on which it may be executed; and\n\n(e) the date on which it expires.\n\n(5) The expiry date fixed by the magistrate must be a date that is within 30 days of the date the warrant was issued.\n\n\t27 Powers of person holding a warrant\n\n(1) A stock inspector who enters a property under the authority of a warrant issued under this Act may—\n\nS. 27(1)(a) amended by No. 80/1996 s. 13(e)(i).\n\n(a) inspect the property and all stock, livestock products, plant and facilities on the property; and\n\n(b) require any person found on the premises to state in full his or her name and the address of his or her place of residence and, if it is reasonably suspected that the name or address stated is not correct, to produce any document the person is carrying that contains his or her name or address; and\n\nS. 27(1)(c) amended by No. 80/1996 s. 13(e)(ii).\n\n(c) require the immediate production of articles used in the production or holding of stock or livestock products; and\n\n(d) break open any locked container or room that the person in charge of the premises will not open.\n\n(2) Before exercising a power under this section or section 26(3), the stock inspector must produce the warrant for inspection if asked to do so by any person on the property.\n\n(3) Before requiring a person to state his or her name and address, the stock inspector must—\n\n(a) produce identification and permit it to be inspected by the person; and\n\n(b) inform the person that the requirement is being made under this section; and\n\n(c) state the reason why the requirement is being made.\n\n(4) In exercising his or her powers under this section and section 26, a stock inspector may use the assistance of a police officer.\n\n\t28 Offences concerning the execution of warrants\n\n(1) A person must not obstruct or hinder another person who is lawfully exercising a power given to the person by section 26(3) or 27(1)(a) or (d).\n\n1. 20 penalty units.\n\n\n(2) A person must comply with any requirement lawfully made under section 27(1)(b) or (c).\n\n1. 5 penalty units.\n\n\n\t29 Infringement notice\n\n(1) A stock inspector may serve an infringement notice on any person that the inspector has reason to believe has committed an offence listed in the Schedule.\n\nS. 29(2) substituted by No. 32/2006 s. 94(Sch. item 45(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** and the penalty for that offence is the applicable penalty set out in the Schedule.\n\nS. 29(3) inserted by No. 32/2006 s. 94(Sch. item 45(1)).\n\n(3) For the purposes of subsection (1), an infringement notice must be in the form required by the **Infringements Act 2006** and may contain any additional information approved by the Minister.\n\nSs 30, 31 repealed by No. 32/2006 s. 94(Sch. item 45(2)).\n\n* * * * *\n\n\t32 Only stock inspectors may bring prosecutions under this Act\n\n(1) A prosecution for an offence under this Act may only be brought by a stock inspector.\n\nS. 32(2) amended by Nos 18/2005 s. 18(Sch. 1 item 102), 17/2014 s. 160(Sch. 2 item 92).\n\n(2) A prosecution for an offence under this Act may only be conducted by a stock inspector or by an Australian lawyer briefed by a stock inspector to conduct the prosecution.\n\n(3) Proceedings started by a stock inspector may be taken over and continued at any time by any other stock inspector.\n\nPart 6—Miscellaneous provisions\n\n\t33 Certificates as to contents of register are evidence\n\nS. 33(1) amended by No. 46/1998  \ns. 7(Sch. 1).\n\n(1) A certificate certifying any matter relating to the contents of the register of ongoing declarations and purporting to be signed by the Secretary of the Department or the person responsible for the keeping of the register is admissible in any proceedings as evidence of the matters appearing in the certificate.\n\n(2) All courts and people authorised by law or the consent of parties to receive evidence must take judicial notice of—\n\nS. 33(2)(a) amended by No. 46/1998  \ns. 7(Sch. 1).\n\n(a) the signature of a person who is, or was, the Secretary or the person in charge of the register of ongoing declarations; and\n\nS. 33(2)(b) amended by No. 46/1998  \ns. 7(Sch. 1).\n\n(b) the fact that that person is, or was, the Secretary or person in charge.\n\nS. 34 amended by No. 80/1996 s. 13(f)(i)(ii).\n\n\t34 How presence of disease or condition may be established\n\nProof that stock or livestock products, or a sample taken from stock or livestock products or the carcass of any stock, has reacted in a prescribed way in the course of a prescribed test for a disease or condition is, in the absence of evidence to the contrary, proof of the existence of the disease or condition in the stock, livestock products or carcass for the purposes of this Act.\n\n\t35 How cost of stock sold as part of a lot to be determined\n\nIf 2 or more head of stock are sold as a lot in a way that makes it impossible to determine the sale price of each head of stock, for the purposes of this Act the sale price of each head of stock in the sale is the total price of the lot divided by the number of stock in the lot.\n\n\t36 Recovery of amounts owed\n\nAny amount that is owed to a person under this Act may be recovered as a debt due and payable to the person entitled to it in any court of competent jurisdiction.\n\nS. 37 amended by No. 80/1996 s. 13(g).\n\n\t37 Rights conferred by this Act additional to other rights\n\nThe rights conferred on a buyer by Parts 2 and 3 are in addition to any other rights the buyer may have in respect of an agreement for the sale of stock or livestock products.\n\n\t38 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\nS. 38(1)(a) amended by No. 80/1996 s. 14(1)(a)  \n(i)–(iii).\n\n(a) prescribing diseases for the purposes of Part 2 that all stock, or any class of stock, of a particular species, or any particular livestock products, that are sold must be free of, and prescribing that species or class or those products;\n\nS. 38(1)(b) amended by No. 80/1996 s. 14(1)(b)  \n(i)–(iii).\n\n(b) prescribing conditions for the purposes of Part 2 that all stock, or any class of stock, of a particular species, or any particular livestock products, that are sold are not to be in, and prescribing that species or class or those products;\n\n(c) prescribing for each relevant disease or condition the period after sale in which the obtaining and service of an appropriate certificate will enable a buyer to invoke section 6;\n\nS. 38(1)(ca) inserted by No. 80/1996 s. 14(1)(c).\n\n(ca) prescribing information to be included in certificates for the purposes of section 6;\n\n(d) prescribing for each relevant disease or condition the period after sale in which the slaughtering of any stock will enable a buyer to invoke section 9;\n\nS. 38(1)(e) amended by No. 80/1996 s. 14(1)(d).\n\n(e) prescribing the damages to be paid by a seller to a buyer under section 9 with respect to each relevant disease or condition that results in the downgrading or partial condemnation of a carcass or in the total or partial condemnation or downgrading of a product derived from a carcass;\n\n(f) prescribing, for the purposes of Part 2, that if stock was sold as part of a lot and any of that stock, or any of the carcasses or products derived from the carcasses of that stock, is found to have a relevant disease or to be in a relevant condition, all the other stock in the lot (or their carcasses or products, as the case may be) are to be regarded as having that disease and as being in that condition;\n\nS. 38(1)(fa) inserted by No. 80/1996 s. 14(1)(e).\n\n(fa) exempting agreements, or classes of agreements, for the sale of stock or livestock products from the provisions of Part 2;\n\nS. 38(1)(g) amended by No. 22/2004 s. 21(a).\n\n(g) prescribing conditions, diseases and other characteristics for the purposes of Part 3 that may be made the subject of ongoing and one-off declarations under that Part and regulating who may make declarations under that Part;\n\nS. 38(1)(ga) inserted by No. 80/1996 s. 14(1)(f).\n\n(ga) prescribing information to be included in ongoing and one-off declarations;\n\nS. 38(1)(h) amended by No. 80/1996 s. 14(1)(g).\n\n(h) requiring any person who makes an ongoing or one-off declaration to mark or identify stock or livestock products to which the declaration applies in a particular way;\n\nS. 38(1)(i) amended by Nos 80/1996 s. 14(1)(h), 22/2004 s. 21(b).\n\n(i) regulating the use of any objects or markings used to identify stock or livestock products as stock or livestock products being in, or not being in, a condition or as stock or livestock products having, or not having, a disease or other characteristic prescribed under paragraph  (g); and\n\nS. 38(1)(j) amended by No. 22/2004 s. 21(c).\n\n(j) prescribing for each condition, disease or other characteristic prescribed under paragraph (g) the period after sale in which the obtaining and service of an appropriate certificate will enable a buyer to invoke section 13; and\n\nS. 38(1)(k) amended by No. 80/1996 s. 14(1)(i).\n\n(k) prescribing the damages to be paid by a seller to a buyer under section 13 with respect to each condition or characteristic prescribed under paragraph (g); and\n\n(l) prescribing, for the purposes of section 13, that if stock was sold as part of a lot and any of that stock, or any of the carcasses or products derived from the carcasses of that stock, is found to be in a state that is not in accord with the ongoing or one-off declaration that applies to that stock, all the other stock in the lot (or their carcasses or products, as the case may be) are to be regarded as being in that state;\n\n(m) prescribing which analysts or classes of analyst may produce certificates for the purposes of this Act; and\n\nS. 38(1)(n) amended by No. 80/1996 s. 14(1)(j).\n\n(n) prescribing what tests may be used to determine whether any stock, livestock product or carcass has a particular disease or is in a particular condition and how the results of those tests are to be interpreted; and\n\n(o) prescribing how tests to determine the presence or absence of anything relevant to this Act are to be conducted; and\n\n(p) prescribing fees for the purposes of this Act; and\n\n(q) prescribing forms for the purposes of this Act;\n\n(r) generally prescribing 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) Damages prescribed under subsection (1)(e) or (k)—\n\nS. 38(2)(a) repealed by No. 80/1996 s. 14(2)(a)(i).\n\n* * * * *\n\nS. 38(2)(b) amended by No. 80/1996 s. 14(2)(a)(ii).\n\n(b) may be expressed as a percentage of the sale price of the stock or livestock products, as a fixed amount or as a combination of percentages and fixed amounts.\n\n(3) The regulations may create offences and may impose a penalty of up to 10 penalty units for any offence created.\n\n(4) The regulations—\n\n(a) may be of limited or general application; and\n\n(b) may differ according to differences in time, place, species or circumstance.\n\nS. 38(5)(6) repealed by No. 80/1996 s. 14(2)(b).\n\n* * * * *\n\nSch. amended by No. 10/2004 s. 15(Sch. 1 item 29).\n\nSchedule\n\nOffences for which infringement notices may be issued\n\n| *Offence* | *Penalty* |\n| --- | --- |\n| 1. An offence under section 6(3) | 3 penalty units |\n| 2. An offence under section 9(4) | 3 penalty units |\n| 3. An offence under section 11(2) | 3 penalty units |\n| 4. An offence under section 12(2) | 3 penalty units |\n| 5. An offence under section 13(4) | 3 penalty units |\n| 6. An offence under section 20(3) | 3 penalty units |\n| 7. An offence under section 21(3) | 3 penalty units |\n| 8. An offence under the regulations | 3 penalty units |\n\n\n\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: 21 October 1993*\n\n*Legislative Council: 16 November 1993*\n\nThe long title for the Bill for this Act was \"A Bill to impose certain minimum conditions on the sale of stock and to establish a system of seller declarations as to the state of stock to be sold and for other purposes.\".\n\nThe **Stock (Seller Liability and Declarations) Act 1993** was assented to on 7 December 1993 and came into operation as follows:\n\nSections 1, 2 on 7 December 1993: section 2(1); rest of Act on 26 May 1994: Government Gazette 26 May 1994 page 1264.\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 **Stock (Seller Liability and Declarations) Act 1993** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Livestock Disease Control Act 1994, No. 115/1994**\n\n| Assent Date: | 20.12.94 |\n| --- | --- |\n| Commencement Date: | S. 142(Sch. 2 item 7) on 20.12.95: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Stock (Seller Liability and Declarations) (Amendment) Act 1996, No. 80/1996**\n\n| Assent Date: | 17.12.96 |\n| --- | --- |\n| Commencement Date: | 17.12.96: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Veterinary Practice Act 1997, No. 58/1997**\n\n| Assent Date: | 28.10.97 |\n| --- | --- |\n| Commencement Date: | S. 96(Sch. item 8) on 17.3.98: Government Gazette 12.3.98 p. 520 |\n| Current State: | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\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 **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Fisheries (Amendment) Act 2003, No. 56/2003**\n\n| Assent Date: | 16.6.03 |\n| --- | --- |\n| Commencement Date: | S. 11(Sch. item 18) on 17.6.03: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Monetary Units Act 2004, No. 10/2004**\n\n| Assent Date: | 11.5.04 |\n| --- | --- |\n| Commencement Date: | S. 15(Sch. 1 item 29) on 1.7.04: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Primary Industries Legislation (Miscellaneous Amendments) Act 2004, No. 22/2004**\n\n| Assent Date: | 18.5.04 |\n| --- | --- |\n| Commencement Date: | Ss 14-21 on 19.5.04: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| --- | --- |\n| Commencement Date: | S. 18(Sch. 1 item 102) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n| Current State: | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| --- | --- |\n| Commencement Date: | S. 94(Sch. item 45) on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n| Current State: | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| --- | --- |\n| Commencement Date: | S. 4(Sch. 2 item 48) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| --- | --- |\n| *Commencement Date:* | S. 160(Sch. 2 item 92) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| --- | --- |\n| Commencement Date: | S. 10(Sch. item 159) 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 **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| *Assent Date:* | 21.10.25 |\n| --- | --- |\n| *Commencement Date:* | S. 4(Sch. 2 item 26) on 22.10.25: s. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Stock (Seller Liability and Declarations) Act 1993** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 22: If this defence is used, it is still open to a buyer to bring an action under section 9(2) or 13(2) for any amount the buyer believes the seller still owes—see section 36. [↑](#endnote-ref-2)","sortOrder":0}],"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":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1993 Act focused on 'minimum conditions of sale' and basic seller declarations. The 1996 amendments significantly expanded scope by adding livestock products (milk, wool, honey), exempt agreements, and the 'other declarations' scheme (s.18A). The 2004 amendments added disease-related declarations to the voluntary scheme (ss.11(1)(a)(iii), 12(1)(a)(iii)), introduced VCAT review (Part 4A), and created the suspension/cancellation mechanism (ss.17-17A). What began as a simple implied warranty scheme has grown into a comprehensive quality assurance and traceability system with administrative enforcement, effectively becoming a tool for market access certification beyond mere consumer protection."},"complexity_factors":["Multiple overlapping remedy schemes: Part 2 (mandatory conditions) and Part 3 (voluntary declarations) create parallel but distinct enforcement mechanisms with different procedural triggers","Extensive delegation to regulations: 15+ matters delegated to regulations including specific diseases, conditions, time limits, damages calculations, and test procedures (sections 38, 5, 6, 9, 11, 12, 13)","Conditional ownership transfer mechanics: Sections 6-10 contain complex conditional logic about when ownership reverts to seller vs stays with buyer, including 7-day windows, buyer renunciation rights, and impediment exceptions (section 7(4))","Nested procedural requirements: Certificate validity presumptions (s.19), dispute mechanisms via Magistrates' Court (ss.20-21), and VCAT review (s.22A) create multi-layered dispute resolution","Registration suspension/cancellation cascade: Sections 17 and 17A create a two-stage administrative penalty with specific timing triggers (28-day notice periods, half-suspension periods) and interaction with VCAT review timelines","Cross-referencing between Acts: Heavy reliance on external statutes (Meat Industry Act 1993, Livestock Disease Control Act 1994, VCAT Act 1998, Infringements Act 2006) for definitions of inspectors, review procedures, and enforcement mechanisms","Amendment layering: 13 amending Acts since 1993 have created a patchwork of inserted subsections and substituted provisions (visible in the marginal notes), making chronological tracking difficult"],"plain_english_summary":"**What this law does:**\n\nThis Victorian law sets rules for selling farm animals (\"stock\") and animal products like milk, wool and honey. It has three main goals:\n\n1. **Minimum health standards** — When you sell certain animals or products, the law automatically includes a condition that they must be free of specific diseases and not in poor condition. Sellers can't contract out of this unless the buyer signs a written acknowledgment that the animal might be sick.\n\n2. **Seller declarations** — Sellers can voluntarily register \"ongoing declarations\" (like a quality guarantee for all sales over a period) or make \"one-off declarations\" (for a single sale). These let sellers promise that stock meets certain conditions, characteristics or disease-free status. Buyers can trust these declarations because breaching them triggers automatic compensation.\n\n3. **Buyer protection mechanisms** — If sold stock turns out to have a prohibited disease or condition, buyers can:\n   - Stop payment and get a full refund (if the animal is totally condemned or dies)\n   - Claim set damages (if the carcass is only partially condemned)\n   - Claim damages if a voluntary declaration is breached\n\n**Who it affects:**\n- **Farmers and livestock sellers** — must comply with minimum health standards and can choose to register quality declarations\n- **Buyers** — gain automatic rights to refunds or compensation for diseased stock\n- **Stock inspectors, meat inspectors and vets** — issue certificates that trigger these rights\n- **The Secretary of the Department** — manages the register of declarations and can suspend/cancel registrations\n\n**Why it matters:**\nThis protects Victoria's agricultural reputation by ensuring sick animals don't enter the food chain or export markets. It creates a \"trust but verify\" system where sellers can differentiate their products through registered quality claims, while buyers have fast, administrative remedies (refunds/damages) without needing expensive court cases. The system is particularly important for maintaining access to international markets that demand disease-free guarantees."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original functions: setting minimum health/condition standards for the sale of prescribed stock/products, and creating a seller declaration scheme to give buyers confidence (s.1, s.5, s.11–13). Subsequent amendments and regulations have added administrative detail (registration, fees, inspections, evidence rules, VCAT review) and broadened definitional clarity (e.g. listing who can issue certificates), but those changes implement and operationalise the statute's original purposes rather than expand the statutory subject matter significantly beyond those aims. The Act retains regulatory flexibility to add species/products/diseases and to exempt classes of agreements (s.4, s.38), so the practical coverage depends on subordinate instruments rather than an expanded statutory mandate."},"complexity_factors":["13 defined terms in the interpretation section (e.g. exempt agreement, livestock product, meat inspector, ongoing/one‑off declaration, relevant disease/condition, Secretary, stock, stock inspector, veterinarian) (s.3)","Multiple cross‑references to subordinate instruments and other Acts (Meat Industry Act 1993, Livestock Disease Control Act 1994, Veterinary Practice Act 1997, Victorian Civil and Administrative Tribunal Act 1998, Infringements Act 2006) (throughout: s.3, s.20, s.22A, s.29)","Extensive delegation of detail to regulations: diseases/conditions, time limits, tests, damages, exemptions, marking and forms — many operative rules rely on regulations (s.38)","Two parallel remedies tracks with different triggers and procedures: Part 2 automatic special condition and buyer refunds/retake (s.5–9) and Part 3 seller declarations with registration, damages and offsets (s.11–14)","Nested conditional logic and exceptions (e.g. special condition void but buyer acknowledgement can exclude it, exempt agreements carve‑out, seller retaking ownership subject to 7‑day and buyer actions) (s.5(2)–(3); s.7)","Administrative decision pathways with timing traps and review rights (registration refusal, suspension up to 3 years, cancellation if grounds persist, 28‑day and 14‑day notice periods, VCAT review) (s.16–17A; s.22A)","Evidence and dispute procedures that create presumptions in favour of certificate validity but allow judicial challenge (s.19–21; s.33–34)","Inspection and enforcement mechanism requiring magistrate warrants with prescribed limits and authorised powers, and a restricted prosecutorial regime limited to stock inspectors (s.26–27; s.32)","Schedule of infringement offences cross‑linked to many substantive provisions and multiple penalty levels (Schedule; s.29)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes minimum sale standards for certain animals (\"stock\") and livestock products: where the regulations prescribe a species/product and a disease or condition, every non-exempt sale of that stock/product automatically includes a special condition that it must be free of the prescribed disease and not in the prescribed condition (s.5).\n\n- Gives buyers a quick remedy if the stock/product is later found to have a prescribed disease or condition: if, within a regulatory time limit, the buyer obtains a prescribed certificate from an authorised person (stock inspector, meat inspector, veterinarian or other prescribed analyst) and serves it on the seller, the buyer is not liable for unpaid purchase money and the seller must refund money already paid within 24 hours (s.6). The seller may retake possession in certain circumstances (s.7) or the buyer may renounce ownership (s.8).\n\n- Provides a parallel damages/offset remedy where carcasses are partially condemned or downgraded after slaughter (s.9).\n\n- Creates a statutory declaration system sellers can use to signal quality:\n  - \"Ongoing\" declarations: seller registers a written declaration for a period and must ensure marked stock/products sold during that period meet the declaration (s.11, s.15–16).\n  - \"One‑off\" declarations: seller gives a written declaration in prescribed form for a specific lot and must ensure the declared lot complies (s.12).\n  If a declared animal/product is later shown (by an authorised certificate) not to meet the declaration, the seller must pay damages set in the regulations; buyers can offset those damages against amounts owed (s.13).\n\n- Provides administrative controls over declarations: registration fees, a public register the Secretary maintains and permits inspection of, and powers for the Secretary to refuse registration, suspend or cancel registrations with reasons and specified time triggers; affected persons can seek review by VCAT (s.14–18, s.22A, s.24).\n\n- Sets dispute and evidence rules: sellers must generally treat certificates as valid (s.19); a seller who disputes a certificate can seek a Magistrates' Court declaration that the certificate is defective (s.20); disputes about amounts claimed are also for a Magistrates' Court (s.21). Certificates, test reactions and register certificates have statutory evidential weight (s.33–34).\n\n- Gives inspectors powers to enforce the Act, including magistrate‑issued warrants to enter properties used to produce/hold stock for sale, inspect animals, require production of items, and break into locked rooms where necessary; warrants must be limited in time and purpose (s.25–27).\n\n- Limits who may prosecute offences under the Act to stock inspectors (or lawyers briefed by them) and implements an infringement notice scheme for specified offences (s.29, s.32; Schedule).\n\n- Leaves detailed scope, time limits, fees, prescribed diseases/conditions, tests, damages and exemptions to the regulations (s.38).\n\nWho is affected\n\n- Sellers of stock and livestock products in Victoria whose species, conditions or diseases are prescribed by regulation — they must comply with the automatic sale condition (s.5) unless the agreement is exempt by regulation (s.3; s.38(1)(fa)).\n- Buyers of that stock/products — they gain statutory remedies (refunds, damages, offsets) if authorised certificates show non‑compliance (s.6, s.9, s.13).\n- The Department/Secretary — must keep a declarations register, manage registrations, set fees and exercise suspension/cancellation/inspection powers (s.15–17, s.23–24).\n- Inspectors, meat inspectors, veterinarians and prescribed analysts — authorised to issue certificates that can trigger statutory remedies (s.3, s.6(1), s.13(1)).\n\nWhy it matters (policy claims and operational test)\n\n- The Act’s stated purposes are to require certain stock be free of particular diseases and conditions at sale, establish a seller declaration system to give buyers confidence, and protect quality for domestic and export markets (s.1). The Act implements those goals mechanically through: (a) a mandatory sale condition for prescribed stock/products (s.5); (b) buyer remedies tied to independent certificates (s.6, s.9, s.13); and (c) a register and oversight for seller declarations (s.11–17).\n\nPractical trade‑offs, incentives and implementation risks\n\n- Who pays and compliance costs: sellers bear most direct compliance costs — ensuring animals meet declared standards, marking and record‑keeping required by regulation (s.11–12; s.38(1)(h)), registration fees and inspection risk (s.24, s.15, s.26–27). The Department bears administrative costs for the register and enforcement.\n\n- Contract freedom vs consumer protection: the special condition is mandatory and attempts to exclude it are void (s.5(2)), which restricts sellers’ ability to shift risk by contract. A narrow escape exists where the buyer signs a written acknowledgement specifying known disease/condition (s.5(3)).\n\n- Reliance on certificates and dispute costs: the buyer’s remedy depends on obtaining an authorised certificate within regulatory time limits (s.6(1), s.13(1), s.38(1)(ca)). Sellers must generally treat certificates as valid (s.19), creating a strong evidentiary presumption; sellers can challenge certificates in Magistrates’ Court but that requires time and cost and may leave short statutory refund/payment windows (s.20–21).\n\n- Administrative discretion and market signals: the Secretary has discretion to register, refuse, suspend or cancel ongoing declarations (s.16–17A) and to set fees and register inspection fees (s.24). Those administrative levers affect sellers’ ability to use declared branding as a market signal; they also create bottlenecks and require transparent decision‑making (review available to VCAT, s.22A).\n\n- Enforcement design: inspection powers require a magistrate warrant tied to specified purposes (s.26) and prosecutions are restricted to stock inspectors (s.32). This channels enforcement through a specialised agency function but may limit private enforcement incentives.\n\n- Scope flexibility: the Governor/Regulations can add species, products, diseases, conditions, time limits and exemptions (s.4, s.38). That makes the Act operationally flexible but means the detailed burden and coverage depend heavily on subordinate instruments.\n\nConcrete behavioural effects (mechanisms)\n\n- Sellers will be incentivised to test, mark and document stock if they want to use declarations (s.11–12, s.38(h)).\n- Buyers will rely on authorised certificates to establish remedies; markets may shift towards sellers who register declarations to signal quality.\n- Inspectors and the Secretary will be the operational gatekeepers who decide registration, suspension and enforcement actions (s.16–17A, s.26–27)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to assess whether the scope changed from the original bill's intent. The available content is limited to version history metadata and repeated title headers, with no substantive provisions visible for comparison."},"complexity_factors":["The provided text is almost entirely metadata and version history — virtually no substantive legislative content is available for analysis","Agricultural liability legislation typically involves intersecting Commonwealth and State regulatory frameworks (e.g., food safety, chemical residues, biosecurity)","Seller liability provisions can involve nuanced questions about what constitutes a valid declaration and the burden of proof","The 1993 vintage means it may have been amended multiple times and must be read alongside more modern agricultural and consumer protection laws","Technical agricultural terminology (chemical residues, disease declarations) may be inaccessible to lay readers"],"plain_english_summary":"The Stock (Seller Liability and Declarations) Act 1993 governs sale of livestock in Victoria by requiring sellers to make formal declarations about animals (such as disease or chemical residue status) and making sellers legally responsible if those declarations are false or omitted. It affects farmers, buyers, agents and processors and aims to protect purchasers and the food chain by ensuring accurate animal health and safety information."}},"importantCases":[],"_links":{"self":"/api/acts/stock-seller-liability-and-declarations-act-1993","history":"/api/acts/stock-seller-liability-and-declarations-act-1993/history","analysis":"/api/acts/stock-seller-liability-and-declarations-act-1993/analysis","conflicts":"/api/acts/stock-seller-liability-and-declarations-act-1993/conflicts","importantCases":"/api/acts/stock-seller-liability-and-declarations-act-1993/important-cases","documents":"/api/acts/stock-seller-liability-and-declarations-act-1993/documents"}}