39Exemption from certain provisions of Act and regulations in certain circumstances

39 Exemption from certain provisions of Act and regulations in certain circumstances

(1)  Sections 7 and 8 of the Act, and regulation 8 , do not apply to a person, in respect of the fitness of livestock to be transported, or the fitness of livestock to undertake a journey, if the person –

(a) is not –

(i) the owner of the livestock; or

(ii) the driver of the vehicle on which the livestock is loaded for transportation; and

(b) did not –

(i) supply the livestock for transportation; or

(ii) load the livestock into a container, or onto the vehicle, for transportation; and

(c) before the livestock was transported by the person, had received a written declaration in respect of the livestock, that complies with subregulation (2) , from the driver of the vehicle on which the livestock was loaded for transportation; and

(d) while the livestock was transported by the person –

(i) complied with all relevant instructions of an officer under section 14 of the Act; and

(ii) complied with the requirements of the Act, and any other Act, in respect of the livestock and the vehicle in which the livestock was transported; and

(iii) acted in good faith, and took all reasonable steps, to ensure that the Act was complied with in respect of the transportation of the livestock.

(2)  For the purposes of an exemption under subregulation (1) , the driver of a vehicle transporting livestock may make, as soon as practicable after the livestock is loaded onto the vehicle, a written declaration that –

(a) at the time at which the livestock was so loaded for transport –