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Biosecurity Act 2014
sec.194Movement record requirement
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### sec.194 Movement record requirement
This section applies to a person (the relevant person ) who is a registrable biosecurity entity for the keeping of a designated animal, whether or not the person is also a registered biosecurity entity for the keeping of the animal.
The relevant person must ensure that, if the animal is moved from the place where the animal is kept—
there is created, before the movement starts, a record of the proposed movement (the movement record ) in the appropriate form; and
if the animal is a special designated animal, or if a biosecurity emergency order, movement control order or biosecurity zone regulatory provision provides that this section applies to the movement—any person who is the conveyor or drover of the animal for the purposes of the movement has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.
Maximum penalty—200 penalty units.
The relevant person is not required to comply with subsection (2) if—
the movement of the animal is to or from a place that is a neighbouring place to the place where the movement starts; and
the movement is for ordinary stock management purposes, other than for the purpose of collecting or returning the animal because it has strayed; and
the movement does not require a biosecurity instrument permit.
Also, the relevant person is not required to comply with subsection (2) if the animal is kept under an exhibited animal authority and the movement is allowed under the authority.
Subsection (5) applies to the conveyor or drover of an animal for a movement if, under this section—
a movement record is required for the movement; and
the relevant person is required to ensure that the conveyor or drover has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.
The conveyor or drover must not proceed for the purposes of the movement if the conveyor or drover does not have, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.
Maximum penalty—200 penalty units.
A single movement record may be created for the same proposed movement of 2 or more animals to which this section applies.
A person who fails to comply with subsection (2) or (5) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.
In this section—
exhibited animal authority see the Exhibited Animals Act 2015 , section 29 .
s 194 amd 2015 No. 5 s 277 ; 2020 No. 3 s 34
(sec.194-ssec.1) This section applies to a person (the relevant person ) who is a registrable biosecurity entity for the keeping of a designated animal, whether or not the person is also a registered biosecurity entity for the keeping of the animal.
(sec.194-ssec.2) The relevant person must ensure that, if the animal is moved from the place where the animal is kept— there is created, before the movement starts, a record of the proposed movement (the movement record ) in the appropriate form; and if the animal is a special designated animal, or if a biosecurity emergency order, movement control order or biosecurity zone regulatory provision provides that this section applies to the movement—any person who is the conveyor or drover of the animal for the purposes of the movement has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record. Maximum penalty—200 penalty units.
(sec.194-ssec.3) The relevant person is not required to comply with subsection (2) if— the movement of the animal is to or from a place that is a neighbouring place to the place where the movement starts; and the movement is for ordinary stock management purposes, other than for the purpose of collecting or returning the animal because it has strayed; and the movement does not require a biosecurity instrument permit.
(sec.194-ssec.3A) Also, the relevant person is not required to comply with subsection (2) if the animal is kept under an exhibited animal authority and the movement is allowed under the authority.
(sec.194-ssec.4) Subsection (5) applies to the conveyor or drover of an animal for a movement if, under this section— a movement record is required for the movement; and the relevant person is required to ensure that the conveyor or drover has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.
(sec.194-ssec.5) The conveyor or drover must not proceed for the purposes of the movement if the conveyor or drover does not have, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record. Maximum penalty—200 penalty units.
(sec.194-ssec.6) A single movement record may be created for the same proposed movement of 2 or more animals to which this section applies.
(sec.194-ssec.7) A person who fails to comply with subsection (2) or (5) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.
(sec.194-ssec.8) In this section— exhibited animal authority see the Exhibited Animals Act 2015 , section 29 .
- (a) there is created, before the movement starts, a record of the proposed movement (the movement record ) in the appropriate form; and
- (b) if the animal is a special designated animal, or if a biosecurity emergency order, movement control order or biosecurity zone regulatory provision provides that this section applies to the movement—any person who is the conveyor or drover of the animal for the purposes of the movement has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.
- (a) the movement of the animal is to or from a place that is a neighbouring place to the place where the movement starts; and
- (b) the movement is for ordinary stock management purposes, other than for the purpose of collecting or returning the animal because it has strayed; and
- (c) the movement does not require a biosecurity instrument permit.
- (a) a movement record is required for the movement; and
- (b) the relevant person is required to ensure that the conveyor or drover has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record or, if the record is kept in electronic form, the serial number for the electronic record.