QLDIn ForceAct
Biosecurity Act 2014
sec.202Restriction on applying or removing approved device
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### sec.202 Restriction on applying or removing approved device
A person must not fit an approved device (the new approved device ) to a special designated animal that is already fitted with an approved device (the existing approved device ) that is in the form of a tag unless—
the existing approved device is first removed from the special designated animal as authorised under this section; or
under the specifications decided by the chief executive for the new approved device, the new approved device is a suitable approved device for fitting to the special designated animal despite the fitting of the existing approved device.
Maximum penalty—100 penalty units.
A person may remove from a special designated animal an approved device fitted to the animal and in the form of a tag if—
an inspector authorises the removal; or
the device is malfunctioning and needs to be replaced; or
under the specifications for the device as decided by the chief executive, the device is no longer a suitable approved device for the special designated animal, and a suitable approved device for the animal is to be fitted to the animal; or
the removal is part of the process of slaughtering the special designated animal at a meat processing facility; or
the special designated animal is dead and the animal’s owner removes the tag; or
the removal of the device is authorised under a regulation.
A person must not remove from a special designated animal an approved device fitted to the animal and in the form of a tag unless the removal is authorised under subsection (2) .
Maximum penalty—100 penalty units.
Subsection (5) applies to a person if—
the person removes an approved device (also the existing approved device ) from a special designated animal under subsection (2) (a) , (b) or (c) ; and
a suitable approved device for the special designated animal (also the new approved device ) is fitted to the animal in its place.
The person must, within 48 hours after removing the existing approved device, advise the NLIS administrator of—
the serial number of the new approved device; and
if the existing approved device includes a microchip—the RFID number of the microchip; and
the PIC of the place where there is kept the special designated animal to which the device is to be fitted.
Maximum penalty—100 penalty units.
(sec.202-ssec.1) A person must not fit an approved device (the new approved device ) to a special designated animal that is already fitted with an approved device (the existing approved device ) that is in the form of a tag unless— the existing approved device is first removed from the special designated animal as authorised under this section; or under the specifications decided by the chief executive for the new approved device, the new approved device is a suitable approved device for fitting to the special designated animal despite the fitting of the existing approved device. Maximum penalty—100 penalty units.
(sec.202-ssec.2) A person may remove from a special designated animal an approved device fitted to the animal and in the form of a tag if— an inspector authorises the removal; or the device is malfunctioning and needs to be replaced; or under the specifications for the device as decided by the chief executive, the device is no longer a suitable approved device for the special designated animal, and a suitable approved device for the animal is to be fitted to the animal; or the removal is part of the process of slaughtering the special designated animal at a meat processing facility; or the special designated animal is dead and the animal’s owner removes the tag; or the removal of the device is authorised under a regulation.
(sec.202-ssec.3) A person must not remove from a special designated animal an approved device fitted to the animal and in the form of a tag unless the removal is authorised under subsection (2) . Maximum penalty—100 penalty units.
(sec.202-ssec.4) Subsection (5) applies to a person if— the person removes an approved device (also the existing approved device ) from a special designated animal under subsection (2) (a) , (b) or (c) ; and a suitable approved device for the special designated animal (also the new approved device ) is fitted to the animal in its place.
(sec.202-ssec.5) The person must, within 48 hours after removing the existing approved device, advise the NLIS administrator of— the serial number of the new approved device; and if the existing approved device includes a microchip—the RFID number of the microchip; and the PIC of the place where there is kept the special designated animal to which the device is to be fitted. Maximum penalty—100 penalty units.
- (a) the existing approved device is first removed from the special designated animal as authorised under this section; or
- (b) under the specifications decided by the chief executive for the new approved device, the new approved device is a suitable approved device for fitting to the special designated animal despite the fitting of the existing approved device.
- (a) an inspector authorises the removal; or
- (b) the device is malfunctioning and needs to be replaced; or
- (c) under the specifications for the device as decided by the chief executive, the device is no longer a suitable approved device for the special designated animal, and a suitable approved device for the animal is to be fitted to the animal; or
- (d) the removal is part of the process of slaughtering the special designated animal at a meat processing facility; or
- (e) the special designated animal is dead and the animal’s owner removes the tag; or
- (f) the removal of the device is authorised under a regulation.
- (a) the person removes an approved device (also the existing approved device ) from a special designated animal under subsection (2) (a) , (b) or (c) ; and
- (b) a suitable approved device for the special designated animal (also the new approved device ) is fitted to the animal in its place.
- (a) the serial number of the new approved device; and
- (b) if the existing approved device includes a microchip—the RFID number of the microchip; and
- (c) the PIC of the place where there is kept the special designated animal to which the device is to be fitted.