Part 2Industry involvement in regulation

Part 2—Industry involvement in regulation Division 1—Livestock advisory groups 8—Establishment of livestock advisory groups (1) The Minister may establish livestock advisory groups to represent the various sectors of the livestock industry. (2) In determining the composition of a livestock advisory group to represent a particular sector of the livestock industry, the Minister must consult with members or representatives of that sector of the industry. (3) A livestock advisory group will include at least one representative of the Minister. (4) The Minister will assign a distinctive name to each livestock advisory group for the purposes of identifying the sector of the industry that the group represents. 9—Functions of livestock advisory groups A livestock advisory group is to advise the Minister, on its own initiative or at the request of the Minister— (a) on the operation of this Act in relation to the sector of the livestock industry that it represents and in particular— (ii) the establishment and review of a code of practice for that sector (see Part 2 Division 3); and (iii) the application to that sector of the provisions requiring registration of a person who keeps livestock (see Part 3 Division 1); and (iv) the application to that sector of the provisions for implied terms and conditions of contracts for the sale of livestock, livestock products or livestock food relating to the health of livestock (see Part 4 Division 5); and (v) the making of regulations relevant to that sector; and (b) on other issues directly related to the sector of the livestock industry that it represents. 10—Terms and conditions of membership and procedures (1) The Minister may appoint a person as a member of a livestock advisory group on terms and conditions determined by the Minister. (2) Subject to any directions of the Minister, a livestock advisory group may determine its own procedures. 10A—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of a livestock advisory group will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the relevant sector of the livestock industry generally, or a substantial section of those engaged in or associated with the relevant sector of the livestock industry. 11—Annual reports (1) Each livestock advisory group must, on or before 30 September in every year, forward to the Minister a report for the preceding financial year. (2) The report must contain— (a) a report on the operation of this Act in relation to the sector of the industry that the group represents; and (b) any other information required by or under this or any other Act. (3) The Minister must, within six sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament. (4) A livestock advisory group must ensure that its annual report or the information contained in it is made readily available to members of the sector of the livestock industry that the group represents. Division 3—Industry codes of practice 16—Codes of practice (1) The regulations may prescribe a code of practice to be complied with by members of a particular sector of the livestock industry. (2) Without limiting the generality of subsection (1), a code of practice may contain provisions about— (a) measures designed to promote or safeguard the health of livestock; (b) livestock management practices; (c) the provision of information to the Chief Inspector. (3) Before a code of practice is prescribed (or varied or revoked) in relation to a particular sector of the livestock industry, the Minister must consult the livestock advisory group for that sector of the industry (if any). Part 3—Registration of certain industries Division 1—Keeping livestock 17—Requirement for registration to keep certain livestock (1) A person must not keep livestock of a prescribed class unless the person is registered under this Part. (2) Subsection (1) does not apply to a person who keeps livestock at an abattoir or saleyard. Division 2—Artificial breeding 18—Requirement for registration of artificial breeding centre A person must not operate an artificial breeding centre unless the person is registered under this Part. 19—Requirement for registration to perform artificial breeding procedure (1) A person must not carry out an artificial breeding procedure on or in connection with livestock of a prescribed class unless the person is registered under this Part. Expiation fee: $500. (2) Subsection (1) does not apply to— (a) a veterinary surgeon; or (b) a person who carries out an artificial breeding procedure on or in connection with livestock owned by the person; or (c) an artificial breeding procedure carried out on or in connection with livestock by an employee of the owner of the livestock in the course of that employment. Division 3—Veterinary diagnostic laboratories 20—Requirement for registration of veterinary diagnostic laboratory A person must not operate a veterinary diagnostic laboratory unless the person is registered under this Part. Division 4—General 21—Eligibility for registration The regulations may prescribe— (a) minimum requirements that must be satisfied before a person is entitled to be registered under this Part; or (b) matters that the Chief Inspector must have regard to in deciding whether to register a person under this Part. 22—Application for registration An application for registration under this Part must— (c) be accompanied by the fee fixed by, or calculated in accordance with, the regulations. 23—Term of registration and renewal (1) Registration under this Part is for a term fixed by regulation. (2) The registration may be renewed from time to time for a further term fixed by regulation. (3) The Chief Inspector may, if the Chief Inspector thinks fit and on payment of a prescribed late application fee, renew a registration despite the fact that application for renewal of the registration was made after the end of the previous term of the registration. (4) A registration has effect, on grant or renewal, from the date specified in the registration for that purpose, which may be earlier than the date of application for the grant or renewal of the registration. (5) An application for renewal of registration must— (c) be accompanied by the fee fixed by, or calculated in accordance with, the regulations. 24—Conditions of registration (1) Registration under this Part is subject to any prescribed conditions and to any other conditions imposed by the Chief Inspector. (2) Without limiting the generality of subsection (1), the conditions may— (a) limit the activities that the registered person may carry on as a registered person; (b) require the registered person to keep specified records. (3) A condition of registration under this Part may be imposed, varied or revoked at any time by the Chief Inspector by written notice to the registered person. (4) If a condition is imposed or varied after registration, the new condition or variation takes effect 30 days after notice is given to the registered person or at such earlier date as is agreed with the registered person. (5) A person must not contravene or fail to comply with a condition of registration. 25—Periodic returns A person registered under this Part must provide the Chief Inspector with periodic returns of information as required by the regulations. Maximum penalty: $2 500. Expiation fee: $210. 26—Suspension or cancellation of registration (a) a person ceases to be eligible for registration or was not, when registered, eligible for registration; or (b) a person registered under this Part commits an offence against this Act, the Chief Inspector may, by written notice to the person, suspend the registration until requirements specified in the notice are complied with or cancel the registration. (2) A notice takes effect on a date specified in the notice, not being earlier than the date of service of the notice.