sec.24Penalties for breaches as to branding or marking of stock

sec.24 Penalties for breaches as to branding or marking of stock

Every person who is guilty of any of the following acts relating to the branding or marking of any stock commits an offence— — using or attempting to use or knowingly permitting to be used; or without lawful excuse (the proof of which shall be upon the person) having in possession or at the person’s residence or premises; any branding instrument or pliers other than a branding instrument or pliers relating to any brand or earmark which under this Act the person is entitled to use; branding or marking, or directing, aiding, or assisting to brand or mark without lawful excuse (the proof whereof shall lie upon the person), any stock on any portion thereof with a brand or earmark of any kind whatever which is not registered in the person’s name or the name of any person whom the person is directing, aiding or assisting; marking any cattle, sheep, or goat by removing more than one-third of the ear; marking any cattle, sheep, or goat by means of any instrument other than pliers; marking with a spay mark any cattle other than a cow or heifer which has been spayed; making or cutting any mark other than a mark which the person is authorised or permitted by this Act to make or cut; failing at the time when the person spays a cow or heifer to mark such cow or heifer with a spay mark; having in the person’s possession or suffering to be on or in a holding of which the person is the owner or the person apparently in charge any branding instrument bearing a letter, numeral, sign, character, symbol, or mark which does not comply with the provisions of this Act applicable thereto or, as the case may require, a determination of the Minister made in relation thereto; in any other way offending against any of the provisions of this Act connected with the branding or marking of stock. Maximum penalty—8 penalty units. However, a person is not liable under this section for anything done or omitted to be done by the person— in compliance with the direction and with the consent of the owner of a brand or earmark; and which could lawfully be done or omitted to be done by that owner. s 24 amd 1932 23 Geo 5 No. 14 s 15; 1937 1 Geo 6 No. 17 s 6; 1941 5 Geo 6 No. 18 s 7; 1965 No. 39 s 19 ; 1974 No. 79 s 12 ; 1979 No. 64 s 12 ; 1995 No. 58 s 4 sch 1 (sec.24-ssec.1) Every person who is guilty of any of the following acts relating to the branding or marking of any stock commits an offence— — using or attempting to use or knowingly permitting to be used; or without lawful excuse (the proof of which shall be upon the person) having in possession or at the person’s residence or premises; any branding instrument or pliers other than a branding instrument or pliers relating to any brand or earmark which under this Act the person is entitled to use; branding or marking, or directing, aiding, or assisting to brand or mark without lawful excuse (the proof whereof shall lie upon the person), any stock on any portion thereof with a brand or earmark of any kind whatever which is not registered in the person’s name or the name of any person whom the person is directing, aiding or assisting; marking any cattle, sheep, or goat by removing more than one-third of the ear; marking any cattle, sheep, or goat by means of any instrument other than pliers; marking with a spay mark any cattle other than a cow or heifer which has been spayed; making or cutting any mark other than a mark which the person is authorised or permitted by this Act to make or cut; failing at the time when the person spays a cow or heifer to mark such cow or heifer with a spay mark; having in the person’s possession or suffering to be on or in a holding of which the person is the owner or the person apparently in charge any branding instrument bearing a letter, numeral, sign, character, symbol, or mark which does not comply with the provisions of this Act applicable thereto or, as the case may require, a determination of the Minister made in relation thereto; in any other way offending against any of the provisions of this Act connected with the branding or marking of stock. Maximum penalty—8 penalty units. (sec.24-ssec.2) However, a person is not liable under this section for anything done or omitted to be done by the person— in compliance with the direction and with the consent of the owner of a brand or earmark; and which could lawfully be done or omitted to be done by that owner.