Part 4Health of livestock

Part 4—Health of livestock Division 1—Notifiable conditions 27—Requirement to report notifiable conditions (1) If a person knows or has reason to suspect that livestock or livestock products owned by or under his or her control are affected with, or have died from, a notifiable condition, the person must— (a) report the existence or suspected existence of the notifiable condition to an inspector by the quickest practicable means; and (b) give the inspector further information reasonably required by the inspector; and (c) in the case of a notifiable disease—take all reasonable measures to control or eradicate the disease. In the case of an exotic disease—$10 000; In any other case—$2 500. Expiation fee: For an offence against paragraph (a) or (b)—$210. (2) If a veterinary surgeon or livestock consultant knows or has reason to suspect that livestock are affected with, or have died from, a notifiable condition, the veterinary surgeon or livestock consultant must— (a) report the existence or suspected existence of the notifiable condition to an inspector by the quickest practicable means; and (b) give the inspector further information reasonably required by the inspector. In the case of an exotic disease—$10 000; In any other case—$2 500. Expiation fee: $210. (3) A report is not required under this section in a particular case if the person knows or reasonably believes that a report has already been made to an inspector. (4) No civil liability arises from a statement made in good faith in a report under this section. 28—Acts causing or likely to cause livestock to become affected with notifiable condition A person who does an act intending that, or being recklessly indifferent as to whether, livestock become affected or further affected with a notifiable condition is guilty of an offence. In the case of an exotic disease—$50 000 or imprisonment for 2 years; In any other case—$20 000 or imprisonment for 1 year. 29—Bringing notifiable disease into State A person must not, without the approval of the Chief Inspector, bring a notifiable disease into the State or cause a notifiable disease to be brought into the State. 30—Movement of livestock or livestock products affected with notifiable condition (a) livestock or livestock products are affected with a notifiable condition; or (b) there is reason to suspect that livestock or livestock products are affected with a notifiable condition, the livestock or livestock products must not be brought into, removed from or moved within the State without the approval of the Chief Inspector. (2) Subsection (1) does not apply to movement of livestock or livestock products within a holding. (3) If livestock or livestock products are brought into, removed from or moved within the State in contravention of subsection (1), the following persons are each guilty of an offence: (a) the owner of the livestock or livestock products; and (b) the person in control of the livestock or livestock products; and (c) any person who caused the livestock or livestock products to be brought into, removed from or moved within the State in contravention of the subsection. Expiation fee: In a case not involving an exotic disease—$500. 31—Supply of livestock or livestock products affected with notifiable condition A person must not, without the approval of the Chief Inspector, sell or supply livestock or livestock products affected with a notifiable condition. Expiation fee: In a case not involving an exotic disease—$500. 32—Feeding of products that may cause livestock to become affected with notifiable condition A person must not, without the approval of the Chief Inspector— (a) feed to livestock or permit livestock to feed on a product that may cause the livestock to become affected with a notifiable condition; or (b) dispose of a product in a manner that livestock may gain access to it if the product may cause livestock that consume it to become affected with a notifiable condition; or (c) sell or supply food for livestock that could, if consumed by livestock of a class for which the food is intended in the manner intended, cause the livestock to become affected with a notifiable condition. 32A—Exemptions for notifiable (report only) diseases Section 27(1)(c) and sections 28 to 32 (inclusive) do not apply in relation to a notifiable (report only) disease. Division 2—Restrictions on entry or movement of livestock or other property 33—Prohibition on entry or movement of livestock or other property absolutely or without required health certificate etc (1) For the purposes of controlling or eradicating disease or contamination, the Minister may, by notice in the Gazette, prohibit entry into, or movement within or out of, the State or a specified part of the State of livestock, livestock products, or other property, of a specified class— (a) absolutely; or (b) subject to the condition that specified documentation accompany the livestock, livestock products or other property en route; or (c) subject to any other condition. (2) A notice may be issued under this section if the Minister decides in his or her absolute discretion that the issuing of the notice is justified in the circumstances. (2a) If the Minister certifies that circumstances of urgency exist, the following provisions apply: (a) a notice under this section may, instead of being made by notice in the Gazette, be made by notice published on a website determined by the Minister (and such notice must then be published in the Gazette within 7 days); (b) the notice will come into force at the time specified in the notice which must be at, or after, the time at which it is published on a website under paragraph (a) (but may be before the time at which it is published in the Gazette in accordance with that paragraph). (3) If documentation does not accompany livestock, livestock products or other property as required under this section, the following persons are each guilty of an offence: (a) the owner of the livestock, livestock products or other property; and (b) the person in control of the livestock, livestock products or other property; and (c) any person who caused the livestock, livestock products or other property to be brought into, or moved within or out of, the State or specified part of the State unaccompanied by the relevant documentation. (4) If documentation is required to accompany livestock, livestock products or other property under this section, the owner of the livestock, livestock products or other property must ensure that the relevant documentation is retained for a period of 12 months after the livestock, livestock products or other property enters, or moves within or out of, the State or specified part of the State. Maximum penalty: $5 000. (5) If livestock, livestock products or other property is brought into, or moved within or out of, the State or specified part of the State in contravention of a notice under this section (other than a contravention referred to in subsection (3)), the following persons are each guilty of an offence: (a) the owner of any livestock, livestock products or other property; and (b) the person in control of the livestock, livestock products or other property; and (c) any person who caused the livestock, livestock products or other property to be brought into, or moved within or out of, the State or specified part of the State in contravention of the notice. If the notice is expressed to be issued for the purposes of controlling or eradicating exotic disease—$20 000 or imprisonment for 1 year; Expiation fee: Except if the notice is expressed to be issued for the purposes of controlling or eradicating exotic disease—$500. (6) In this section, a reference to a specified part of the State includes a reference to a specified place or a place of a specified class. (7) The Minister may— (a) by notice in writing given to a person, exempt the person from any requirements in a notice under this section (whether absolutely or subject to conditions); or (b) by notice published on a website determined by the Minister, exempt any class of persons from any requirements in a notice under this section (whether absolutely or subject to conditions). Division 3—Investigations 34—Investigation by inspector An inspector may carry out an investigation as reasonably necessary for the purposes of— (a) identifying the cause of death or of a condition affecting livestock; (b) determining whether or not livestock or other property is or remains affected with a disease or contaminant; (c) identifying or tracing a source likely to cause or to have caused livestock or other property to be affected with a disease or contaminant. 35—Investigation by owner or occupier of land (1) An owner or occupier of land may— (a) detain and examine livestock on the land; and (b) if, after the examination, the owner or occupier has reason to suspect that the livestock are affected with a disease or contaminant—detain the livestock until an inspector arrives. (2) If livestock detained under subsection (1)(b) are found to be affected with a disease or contaminant, the owner or occupier of the land may recover costs and expenses reasonably incurred in the detention and keeping of the livestock as a debt owed by the owner of the livestock. (3) A person must not hinder or obstruct an owner or occupier of land in the exercise of powers under this section. Division 4—Control or eradication of disease or contamination 36—Guidelines for taking action under this Division (1) In taking action under this Division, the Minister, the Chief Inspector or an inspector must have regard to— (a) in the case of exotic disease—the strategies agreed on a national basis between responsible Ministers for addressing an outbreak or suspected outbreak of the disease; (b) in any other case—the gravity of the consequences of the disease or contamination for— (i) public health; and (ii) the health of livestock and native or feral animals; and (iii) the livestock industry both in the domestic market and the international market; (c) in any case—guidelines approved by the Minister. 36A—Declaration of increased risk of exotic disease (1) The Minister may, by notice in writing, declare that there is an increased risk of an exotic disease being brought into the State or a specified part of the State. (2) The Minister must not make a declaration under this section unless satisfied that the disease poses a substantial risk of harm to a livestock industry, to the health and safety of any persons or to the economy (or any sector of the economy). (3) A declaration under this section— (a) must be published on a website determined by the Minister and in any other manner determined by the Minister; and (b) remains in force for the period specified in the declaration (which must not exceed 14 days) and for such further periods (which may be of any length) as may be approved by the Governor. (4) If a declaration is in force under this section in relation to a disease, an inspector may, for the purposes of monitoring whether the disease has entered the State, or the specified part of the State, or for the purposes of any market access arrangements relating to livestock in the State, examine or test any livestock, livestock products or other property or subject any livestock, livestock products or other property to a continued program of examination or testing at intervals. market access arrangements relating to livestock means arrangements for establishing the condition of any livestock, livestock products or other property as a requirement of access to a market for, or any commercial arrangement relating to, the livestock, product or property. 37—Ministerial notices (1) For the purposes of controlling or eradicating disease or contamination, the Minister may, by notice in the Gazette, impose— (a) one or more requirements of the kinds set out in Schedule 1; or (b) any other requirement reasonably required in the circumstances. (2) The notice must state the period for which it will remain in force. (2a) A notice under this section— (a) may apply generally throughout the State or in relation to— (i) a specified class of person; or (ii) a specified class of livestock, livestock products or other property used in relation to livestock; or (iii) specified circumstances; and (b) may specify that a requirement is to apply if specified conditions are, or are not, met; and (c) may specify that a requirement must be complied with within a specified period (which must be reasonable). (2b) If the Minister certifies that circumstances of urgency exist, the following provisions apply: (a) a notice under this section may, instead of being made by notice in the Gazette, be made by notice published on a website determined by the Minister (and such notice must then be published in the Gazette within 7 days); (b) the notice will come into force at the time specified in the notice which must be at, or after, the time at which it is published on a website under paragraph (a) (but may be before the time at which it is published in the Gazette in accordance with that paragraph). (3) The Chief Inspector may— (a) cause the notice or information about the notice to be published, on a website determined by the Minister, or in a newspaper circulating throughout the area concerned or generally throughout the State; and (b) cause signs setting out the terms of the notice or information about the notice to be erected as the Chief Inspector considers appropriate. (4) A person who, without the approval of the Chief Inspector, contravenes or fails to comply with a notice under this section is guilty of an offence. If the notice is expressed to be issued for the purposes of controlling or eradicating a disease that is an exotic disease—$20 000; Expiation fee: Except if the notice is expressed to be issued for the purposes of controlling or eradicating a disease that is an exotic disease—$500. (5) A person must not hinder or obstruct a person complying with a notice under this section. (5a) The Minister may— (a) by notice in writing given to a person, exempt the person from any requirements in a notice under this section (whether absolutely or subject to conditions); or (b) by notice published on a website determined by the Minister, exempt any class of persons from any requirements in a notice under this section (whether absolutely or subject to conditions). (6) For the purposes of the administration or enforcement of this section, a member of SA Police (within the meaning of the Police Act 1998) has all the powers and functions of an inspector. 38—Individual orders (1) If an inspector knows or has reason to suspect that livestock, livestock products or other property is affected with, or in danger of becoming affected with, a disease or contaminant, the inspector may issue an order under this section for the purposes of controlling or eradicating the disease or contamination. (2) The order— (a) subject to subsection (3), must be in the form of a written order served on the person to whom it is issued; and (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (c) must state the purpose for which it is issued and identify the disease or contaminant to which it relates; and (d) may, for the purposes of controlling or eradicating the disease or contamination, impose— (i) one or more requirements of the kinds set out in Schedule 1; or (ii) any other requirement reasonably required in the circumstances. (3) The order may be issued orally if the inspector is of the opinion that urgent action is required, but in that event, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written order served on the person. (4) An inspector may, by written order served on a person to whom an order has been issued under this section, vary or revoke the order. (5) A person to whom an order is issued under this section must comply with the order. If the order is expressed to be issued for the purposes of controlling or eradicating a disease that is an exotic disease—$20 000; (6) A person who does an act in contravention of the terms of a sign erected as required by an order under this section is guilty of an offence. (7) A person must not hinder or obstruct a person complying with an order under this section. 39—Action on default (1) If a person who is required to take action in compliance with a notice or order under this Division refuses or fails to do so— (a) if the notice or order specifies a period within which the action is required to be taken—within the period so specified; or (b) in any other case—within a reasonable period as determined by the Chief Inspector, an inspector may take the action required to be taken by that person, with or without assistance, or cause that action to be taken. (2) The Chief Inspector may recover costs and expenses reasonably incurred under subsection (1) as a debt owed by the person of whom the requirement was made. 40—Action in emergency situations (1) If an inspector considers on reasonable grounds that urgent action is required for the purposes of controlling or eradicating disease or contamination, the inspector may, after giving such notice (if any) as may be reasonable in the circumstances, take any action that could be required to be taken by notice or order under this Division or cause such action to be taken. (2) Action may be taken or caused to be taken under this section whether or not an order or notice has been issued in relation to the disease or contamination under this Division. 41—Action where no person in charge and owner cannot be located (a) an inspector knows or has reason to suspect that livestock, livestock products or other property is affected with, or in danger of becoming affected with, a disease or contaminant; and (b) there is no person apparently in charge of the livestock, livestock products or other property and the owner of the livestock, livestock products or other property cannot be located after reasonable inquiry, the inspector may take any action that could be required to be taken by notice or order under this Division or cause such action to be taken. (2) The Chief Inspector may recover costs and expenses reasonably incurred under subsection (1) as a debt owed by the owner of the livestock, livestock products or other property in respect of which the action was taken or caused to be taken. 42—Exercising powers in relation to native or feral animals (1) If, in the opinion of the Chief Inspector, it is necessary for the purposes of controlling or eradicating disease or contamination that native or feral animals (including mammals, amphibians, molluscs, reptiles, birds, fish or insects) be subjected to treatment or be destroyed, the Chief Inspector may cause action to be taken by an inspector or other person for the treatment or destruction of the animals. (2) An order may not be issued by an inspector under this Division requiring action to be taken in relation to native or feral animals (including mammals, amphibians, molluscs, reptiles, birds, fish or insects) except with the approval of the Chief Inspector. (3) Notices or orders may be issued, or action taken or caused to be taken, under this Division in relation to native animals despite the fact that the animals are protected under any other law. (4) The Minister must enter into an arrangement with the Minister responsible for the administration of the National Parks and Wildlife Act 1972 specifying circumstances in which that Minister is to be consulted before a notice or order is issued, or action taken or caused to be taken, under this Division in relation to native animals. (4a) However, if the Chief Inspector is satisfied that urgent circumstances exist, no consultation is required under subsection (4). (5) No criminal or civil liability attaches to a person in respect of compliance with a notice or order under this Division requiring action to be taken in relation to native or feral animals. 43—Limitation on destruction or disposal of livestock or other property (1) An inspector may not issue an order, take action, or cause action to be taken, under this Division for the destruction or disposal of— (a) livestock; or (b) livestock products; or (c) livestock food; or (d) equipment or articles used in relation to livestock, except with the consent of the owner of the property or the approval of the Chief Inspector. (2) An inspector may not issue an order, take action, or cause action to be taken, under this Division for the destruction, demolition or disposal of any other kind of property unless— (a) the owner of the property consents to the order or action; or (b) the property is of a kind prescribed by the regulations; or (c) the order or action is authorised by a warrant issued by a magistrate. (3) A magistrate must not issue a warrant under subsection (2) unless satisfied that the warrant is reasonably required in the circumstances of the case. 44—Limitation on proceedings in case of exotic disease (1) No proceedings may be instituted or continued to prevent the taking of any action, or to compel the taking of any action, if the taking of that action, or the refusal or omission to take that action, is or is purportedly in pursuance of a notice or order expressed to be issued under this Division for the purposes of controlling or eradicating a disease that is an exotic disease. (2) Nothing in this section prevents proceedings for the recovery of damages in respect of loss incurred or damage suffered as a result of an act or omission that is not required or authorised by a notice or order under this Division.