sec.46AProhibitions on feeding or supplying prohibited feed for pigs and poultry

### sec.46A Prohibitions on feeding or supplying prohibited feed for pigs and poultry A person must not feed prohibited feed for pigs and poultry to a pig or poultry. Maximum penalty—400 penalty units. A person who deals with a pig or poultry must take all reasonable steps to ensure the pig or poultry does not feed on prohibited feed for pigs and poultry. Maximum penalty—400 penalty units. A person (the relevant person ) must not supply prohibited feed for pigs and poultry to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a pig or poultry. Maximum penalty—400 penalty units. A person to whom subsection (1) , (2) or (3) applies does not commit an offence against the subsection if— the person has a reasonable excuse; or both of the following apply— a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence. A person who feeds prohibited feed for pigs and poultry to a pig or poultry does not commit an offence against subsection (1) , (2) or (3) if— the person— is, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or the feeding is authorised under another Act or a law of the Commonwealth. For the effect of a biosecurity emergency order, see section 115 . A person who feeds prohibited feed for pigs and poultry to a pig for the purpose of disease control or pest control does not commit an offence against subsection (1) , (2) or (3) if— all of the following apply— the feeding is done by or carried out under the written direction of a veterinary surgeon; the material is derived from a pig; the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or the person uses the material— in a poisoned bait for killing a feral pig; or as a preliminary to baiting a feral pig to kill it, and the material is not poisoned. s 46A ins 2015 No. 15 s 44 amd 2016 No. 28 s 33 ; 2020 No. 3 s 30 (sec.46A-ssec.1) A person must not feed prohibited feed for pigs and poultry to a pig or poultry. Maximum penalty—400 penalty units. (sec.46A-ssec.2) A person who deals with a pig or poultry must take all reasonable steps to ensure the pig or poultry does not feed on prohibited feed for pigs and poultry. Maximum penalty—400 penalty units. (sec.46A-ssec.3) A person (the relevant person ) must not supply prohibited feed for pigs and poultry to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a pig or poultry. Maximum penalty—400 penalty units. (sec.46A-ssec.4) A person to whom subsection (1) , (2) or (3) applies does not commit an offence against the subsection if— the person has a reasonable excuse; or both of the following apply— a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence. (sec.46A-ssec.5) A person who feeds prohibited feed for pigs and poultry to a pig or poultry does not commit an offence against subsection (1) , (2) or (3) if— the person— is, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or the feeding is authorised under another Act or a law of the Commonwealth. For the effect of a biosecurity emergency order, see section 115 . (sec.46A-ssec.6) A person who feeds prohibited feed for pigs and poultry to a pig for the purpose of disease control or pest control does not commit an offence against subsection (1) , (2) or (3) if— all of the following apply— the feeding is done by or carried out under the written direction of a veterinary surgeon; the material is derived from a pig; the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or the person uses the material— in a poisoned bait for killing a feral pig; or as a preliminary to baiting a feral pig to kill it, and the material is not poisoned. - (a) the person has a reasonable excuse; or - (b) both of the following apply— (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); (ii) the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence. - (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); - (ii) the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence. - (i) a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist); - (ii) the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence. - (a) the person— (i) is, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and (ii) feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or - (i) is, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and - (ii) feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or - (b) the feeding is authorised under another Act or a law of the Commonwealth. - (i) is, under section 46B , permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and - (ii) feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or - (a) all of the following apply— (i) the feeding is done by or carried out under the written direction of a veterinary surgeon; (ii) the material is derived from a pig; (iii) the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or - (i) the feeding is done by or carried out under the written direction of a veterinary surgeon; - (ii) the material is derived from a pig; - (iii) the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or - (b) the person uses the material— (i) in a poisoned bait for killing a feral pig; or (ii) as a preliminary to baiting a feral pig to kill it, and the material is not poisoned. - (i) in a poisoned bait for killing a feral pig; or - (ii) as a preliminary to baiting a feral pig to kill it, and the material is not poisoned. - (i) the feeding is done by or carried out under the written direction of a veterinary surgeon; - (ii) the material is derived from a pig; - (iii) the pig from which the material was derived was kept only at the designated place where the pig being fed is kept; or - (i) in a poisoned bait for killing a feral pig; or - (ii) as a preliminary to baiting a feral pig to kill it, and the material is not poisoned.