QLDIn ForceAct
Biosecurity Act 2014
sec.139Who keeps a designated animal
Start here
Get a plain-English read of sec.139
Turn the raw legal text into a practical explanation grounded in Biosecurity Act 2014.
### sec.139 Who keeps a designated animal
A person keeps a designated animal if the person effectively has responsibility for the care and control of the animal, whether or not the care and control is exercised through an agent or employee of the person.
However, if at any time it is not reasonably practicable to identify who is the keeper of a designated animal under subsection (1) , the person who at law has title to the animal is the person who keeps the animal.
Each of subsections (4) and (5) identifies a person who, in addition to the person who, under subsection (1) or (2) , keeps a designated animal, could also be a keeper of the animal.
A person (the relevant person ) keeps a designated animal (other than a bee) if—
the animal is located at a holding facility; and
the relevant person has final responsibility for the operation of the holding facility whether or not the operation of the facility is carried out through an agent or employee of the relevant person.
A person (also the relevant person ) keeps a designated animal (other than a bee) if—
the animal is being travelled on a stock route, or is on a reserve for the travelling of designated animals in association with their being travelled on a stock route; and
the relevant person has final responsibility for the travelling of the animal on the stock route, whether or not the travelling of the animal is carried out through an agent or employee of the relevant person.
(sec.139-ssec.1) A person keeps a designated animal if the person effectively has responsibility for the care and control of the animal, whether or not the care and control is exercised through an agent or employee of the person.
(sec.139-ssec.2) However, if at any time it is not reasonably practicable to identify who is the keeper of a designated animal under subsection (1) , the person who at law has title to the animal is the person who keeps the animal.
(sec.139-ssec.3) Each of subsections (4) and (5) identifies a person who, in addition to the person who, under subsection (1) or (2) , keeps a designated animal, could also be a keeper of the animal.
(sec.139-ssec.4) A person (the relevant person ) keeps a designated animal (other than a bee) if— the animal is located at a holding facility; and the relevant person has final responsibility for the operation of the holding facility whether or not the operation of the facility is carried out through an agent or employee of the relevant person.
(sec.139-ssec.5) A person (also the relevant person ) keeps a designated animal (other than a bee) if— the animal is being travelled on a stock route, or is on a reserve for the travelling of designated animals in association with their being travelled on a stock route; and the relevant person has final responsibility for the travelling of the animal on the stock route, whether or not the travelling of the animal is carried out through an agent or employee of the relevant person.
- (a) the animal is located at a holding facility; and
- (b) the relevant person has final responsibility for the operation of the holding facility whether or not the operation of the facility is carried out through an agent or employee of the relevant person.
- (a) the animal is being travelled on a stock route, or is on a reserve for the travelling of designated animals in association with their being travelled on a stock route; and
- (b) the relevant person has final responsibility for the travelling of the animal on the stock route, whether or not the travelling of the animal is carried out through an agent or employee of the relevant person.