Victoria act

Livestock Disease Control Act 1994

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

9/10 complexity

What this Act does (mechanically, first)

Establishes duties for people who keep, handle, buy or sell livestock (broadly defined to include mammals, birds, fish, bees and eggs for hatching) to notify disease, separate infected animals, and maintain identity and movement records (see sections 3, 7, 8, 9, 9A, 8A). Owners, transporters and livestock agents face specific obligations (for example vendor declarations at movement — s.8A) and criminal or infringement penalties for non‑compliance (many provisions carry penalties; see, for example, ss.7, 8, 9, 12).
Gives the Minister and the Secretary (public service head) broad powers to declare and manage disease events: declare infected, restricted and control areas; impose movement controls and permit regimes; make importation orders; and require destruction, disinfection or other controls on animals, premises, vehicles or goods (Part 3, especially ss.21–31, 32–35, 36–38, 31). Inspectors appointed by the Secretary enforce those controls and have wide inspection, testing, sampling, seizure and entry powers (Part 8, especially ss.108–116, 109–119). For exotic disease responses, the Act adds further emergency powers (ss.19–20; Div. 3–6 of Part 3).
Creates and governs several industry‑specific funds and compensation schemes that pay owners for animals, products or premises destroyed under disease control programs (Part 5). There are separate funds / rules for exotic diseases (Exotic Diseases Fund — ss.59–66), bees (Honey Bee Compensation Fund — ss.66–70), cattle (Cattle Compensation Fund — ss.71–79), sheep and goats (ss.79A–79I) and swine (ss.80–87). The Act sets valuation methods, eligibility rules and limits, and discretion for reduction or repayment of compensation in certain circumstances (see ss.62–65, 63–64, 64A, 65A–65E).

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Current sections

Direct links to the current provisions in Livestock Disease Control Act 1994.

195

Property identification codes 21

9B Property identification codes 21

9BA Cancellation of property identification code 23

9BB Review of cancellation of property identification code 24

9BC Offence to use property identification code no longer in force 25

9C Requirements for manufacturers of tags and devices 25

10 Entry of livestock etc. 26

11 Quarantine areas 28

12 Offences 29

Division 2—Controls over livestock 32

13 Separation or isolation of livestock 32

14 Destruction or disposal of livestock 32

15 Destruction or disposal of diseased livestock 33

16 Testing for diseases 34

16A Secretary may make determinations relating to testing for diseases 38

Division 3—Agreements and contracts 39

17 Agreements with owners of livestock 39

18 Contracts with veterinary practitioners 40

Part 3—Exotic diseases 41

Division 1—Preliminary 41

19 Application of this Part to land 41

20 Application of this Part to livestock 42

Division 2—Declared areas 42

21 Declaration of infected place 42

22 Declaration of infected vehicle 43

23 Notice of order declaring area or vehicle infected 43

24 Permit for entry or exit 44

25 Entry and exit points 45

26 Declaration of restricted area 46

27 Permits for activity in restricted area 47

28 Entry to and exit from restricted areas 49

29 Control area 50

30 Permit for activity in a control area 52

31 Further powers under Orders declaring restricted or control areas 53

Division 3—Importation orders 54

32 Border security 54

33 Contravention of importation order 55

34 Publication of importation order 55

35 Duration of importation order 56

Division 4—Destruction orders 56

36 Destruction of buildings and vehicles 56

37 Notice of destruction order 56

38 Enforcement of destruction order 57

Division 5—Exotic disease agents 57

39 Possession or administration of exotic disease agents 57

Division 6—General 58

40 Other powers and liabilities not affected 58

Part 4—Provisions for particular livestock 59

Division 1—Pigs 59

41 Prohibitions relating to the feeding of pigs 59

41A Secretary may issue permit 61

41B Minister may declare that offences apply to certain materials specified in section 41(2) and (3) 62

Division 2—Sewage farm cattle and pigs 64

42 Definitions and application 64

43 No cattle or pigs on sewage land 65

44 Water corporation may graze cattle 68

44A Notification in relation to exposed cattle or pigs 69

44B Offence to sell exposed cattle or pigs 70

Division 3—Dairying animals 71

45 Prohibition of use of cow, goat, sheep or buffalo for dairying 71

Division 5—Bees 72

48 Registration of beekeepers 72

49 Biennial fees 74

50 Hives to be marked with registered brand 74

51 Disposal and acquisition of hives 75

52 Exposure of bees to infected articles etc. 75

53 Access of bees to honey etc. 76

Division 6—Artificially bred livestock 76

54 Application of Division 76

55 Sale of semen prohibited except from approved sires 76

56 Sale of diseased semen prohibited 77

57 Premises for collection of semen to be licensed 77

58 Training courses about artificial breeding 77

Part 5—Compensation 78

Division 1—Exotic diseases compensation 78

59 Exotic Diseases Fund 78

60 Payment out of Fund 79

61 Compensatable exotic diseases 79

62 Payment of compensation 80

63 Amount of compensation 80

64 Reduction in compensation payable under section 63 81

64A Payment of further compensation for restocking of livestock 82

65 Review by Victorian Civil and Administrative Tribunal 84

65A Minister may decide that compensation be repaid 84

65B Minister must serve a notice on the owner about compensation to be repaid 86

65C Owner may respond to Minister after receiving a notice to repay compensation under section 65B 87

65D Minister must consider an owner's response to a notice 87

65E Minister may write off liability of owner to repay compensation 88

Division 2—Bees compensation 89

66 Honey Bee Compensation and Industry Development Fund 89

67 Payments out of the Fund 89

68 Compensatable disease 91

69 Compensation 91

70 Apicultural Industry Advisory Committee 92

Division 3—Cattle compensation 94

71 Cattle Compensation Fund 94

72 Payments out of the Fund 95

73 Compensatable diseases 96

74 Amount of compensation 96

75 Payment of compensation 97

76 No compensation payable 98

77 Compensation payable out of Fund 98

78 Sale of carcases etc. 99

79 Cattle Compensation Advisory Committee 99

Division 3A—Sheep and goat compensation 101

79A Sheep and Goat Compensation Fund 101

79B Payments out of the Fund 102

79C Compensation payable for declared diseases 103

79D Amount of compensation 103

79E Payment of compensation 104

79F No compensation payable 105

79G Compensation payable out of Fund 105

79H Sale of carcases etc. 105

79I Sheep and Goat Compensation Advisory Committee 106

Division 4—Swine compensation 108

80 Swine Compensation Fund 108

81 Payments out of the Fund 108

82 Compensatable diseases 110

83 Payment of compensation 110

84 No compensation payable 111

85 Amount of compensation 112

86 Sale of carcases etc. 112

87 Swine Industry Projects Advisory Committee 112

Division 5—General 113

88 Claims for compensation 113

89 No compensation for loss of profit etc. 114

90 Valuation of livestock 114

91 False claims 115

Part 6—Duty and records 116

92 Payment of duty by owner of cattle, sheep, goats or pigs 116

94A Records of sales and purchases 119

94B Notification about livestock slaughter or disposal 120

95 Payment of duty by approved agents in respect to cattle 121

95A Payment of duty by approved agents in respect to sheep and goats 123

95B Payment of duty by approved agents in respect to pigs 125

96 Offences 127

96A Suspension of requirement to pay duty 127

96B Evidence of ownership of livestock 128

Part 7—Administration 129

Division 1—Administration of licences, registrations etc. 129

97 Applications 129

98 Grant or refusal 129

99 Term of licence or registration 130

100 Cancellation or suspension 130

101 Reviews by Victorian Civil and Administrative Tribunal 131

Division 2—General 131

102 Delegations by Minister 131

103 Delegations by Secretary 132

104 Fees 132

105 Protection of control programs 133

106 Protection of persons assisting inspector 134

107 Non-compliance under order 134

107A Information collection 135

107B Record-keeping by the Secretary 136

107BA Availability of records and information kept under section 107B—purposes other than emergency preparation or response 137

107BB Availability of records and information kept under section 107B—disease prevention and emergency planning 140

107BC Conditions and fees 140

107BD Availability of emergency-related records and information 140

107C Secrecy 142

107D Disclosure of information to Commissioner of State Revenue in relation to the administration of duty 143

107E Secretary may request information relating to land from Councils 143

Part 8—Enforcement 145

Division 1—Inspectors 145

108 Inspectors 145

108A Police officers acting in capacity as inspectors 147

Division 2—General powers of inspector 147

109 General powers of inspectors 147

109A Powers of entry with warrant 149

110 Quarantine notice 151

111 Duration of notice 151

112 Offence 151

113 Disinfection notice 152

114 Offence 153

115 Treatment notice 153

115A Identification notice 154

115AB Removal notice in relation to feeding of pigs 155

Division 3—Additional powers of inspectors for exotic diseases 157

115B Inspectors powers in this Division are in addition to general powers 157

116 Search and entry and other powers 157

117 Notice requesting assistance 158

118 Power to obtain information 160

119 Power of seizure and impoundment 161

120 Seized livestock and property 161

Division 4—Additional powers with respect to bees 162

122 Inspector may order hives to be cleaned 162

123 Construction of hives 163

124 Direction to attend at hives 163

125 Abandoned hives 164

Division 5—Infringement notices 165

126 Power to serve a notice 165

129 Penalties to be paid for offences under infringement notices 166

Division 6—Provisions related to court proceedings 166

132 Power to file charge-sheets under this Act 166

132A Time for charging certain offences under this Act 167

133 Service of documents 167

134 Persons liable for offences 168

Division 7—General 169

135 Suspicion of infection 169

136 Evidence of certain matters 169

137 Offences relating to enforcement 170

137A Offence to make false or misleading statements 171

138 Supreme Court—limitation of jurisdiction 171

138A Supreme Court—limitation of jurisdiction 171

Part 9—Regulations 172

139 Regulations 172

Part 10—Repeals, amendments and transitional provisions 176

143 Transitional provisions 176

144 Saving of records of cattle sales kept under Auction Sales Act 1958 176

145 Transitional provision—Primary Industries Legislation Amendment Act 2009 177

146 Transitional provision—Primary Industries Legislation Amendment Act 2009 177

147 Transitional provision—Primary Industries Legislation Amendment Act 2010 177

148 Transitional provisions—Primary Industries Legislation Amendment Act 2010 177

149 Transitional provision—Primary Industries Legislation Amendment Act 2014 178

150 Transitional provisions—Agriculture Legislation Amendment Act 2022 178

151 Transitional provisions—Biosecurity Legislation Amendment (Incident Response) Act 2024 180

Schedules 181

Sch 1

Membership and procedure of committees 181

Schedule 1—Membership and procedure of committees 181

Sch 3

Transitional provisions 184

Schedule 3—Transitional provisions 184

Endnotes 186

1 General information 186

2 Table of Amendments 189

3 Explanatory details 195

Version No. 085

Livestock Disease Control Act 1994

No. 115 of 1994

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1

Preliminary

Part 1—Preliminary

S. 1 amended by No. 57/2003 s. 3(1).

Purposes

1 Purposes

The main purposes of this Act are to provide for the prevention, monitoring and control of livestock diseases and to provide compensation for losses caused by certain livestock diseases.

Commencement

2 Commencement

(1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

S. 2(3) amended by Nos 84/2008 ss 22, 31.

(3) If a provision referred to in subsection (2), other than section 92(2), does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

S. 3
amended by No. 46/1998 s. 7(Sch. 1) (ILA s. 39B(1)).

Definitions

3 Definitions

S. 3(1) amended by No. 74/2000 s. 3(Sch. 1 item 73.1).

(1) In this Act—

appropriate Minister means the Minister administering section 19 of the Financial Management Act 1994;

S. 3(1) def. of approved agent inserted by No. 83/1998 s. 3(a), substituted by No. 84/2008 s. 23(1).

approved agent means a livestock agent registered as an approved agent under section 248A of the Duties Act 2000;

S. 3(1) def. of cattle amended by No. 71/2014 s. 17.

cattle means any bull, cow, ox, steer, heifer, calf, bison or buffalo;

S. 3(1) def. of Department inserted by No. 22/2022 s. 108(1)(a), amended by No. 1/2024 s. 53.

Department means Department of Energy, Environment and Climate Action;

S. 3(1) def. of disease amended by No. 92/1995 s. 161(Sch. 2 item 3.1).

disease means—

(a) any contagious or infectious disease, or any condition to which any livestock is subject, that the Governor in Council declares from time to time to be a disease; or

(b) an exotic disease;

domestic livestock means any livestock in a domesticated state or under the control of humans, regardless of whether livestock of its species are categorised at common law as being of a tame or domestic nature;

S. 3(1) def. of emergency inserted by No. 48/2010 s. 15(1), amended by No. 73/2013 s. 95.

emergency has the same meaning as in section 3 of the Emergency Management Act 2013;

S. 3(1) def. of exotic disease amended by Nos 92/1995 s. 161(Sch. 2 item 3.1), 83/1998 s. 3(b).

exotic disease means—

(a) foot and mouth disease or rabies; or

(b) any other contagious or infectious disease, or any condition to which any livestock is subject, that the Governor in Council declares to be an exotic disease;

S. 3(1) def. of fittings amended by No. 7/2007 s. 3.

fittings means—

(a) any facilities or materials used for housing, restraining or confining livestock; or

(b) any hives, utensils, apparatus or implements for use in beekeeping or in handling, housing or storing honeycomb or beeswax; or

(d) equipment or other articles—

(i) which are normally used in connection with livestock and which have been brought into contact with any livestock product; or

(ii) which are used in the processing or manufacture of livestock products and which have been brought into contact with any livestock product;

fodder means any food, drinking water or bedding used by or which has been brought into contact with any livestock;

S. 3(1) def. of goat inserted by No. 25/1997 s. 3(a).

goat means buck, doe, kid or wether;

S. 3(1) def. of GST inserted by No. 6/2000 s. 35(1).

GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under Part 3 of the National Taxation Reform (Consequential Provisions) Act 2000 by a person that is a State entity within the meaning of that Act;

hive means any receptacle, or any component of a receptacle, which houses bees or which has housed bees;

S. 3(1) def. of inspector substituted by No. 1/2024 s. 14(1).

inspector means—

(a) an inspector appointed under section 108; and

(b) a police officer;

livestock means any non-human animal, and any fish or bird, whether wild or domesticated, egg intended for hatching or bee;

S. 3(1) def. of livestock agent inserted by No. 84/2008 s. 23(2).

livestock agent means a person carrying on—

(a) a business as—

(i) a stock and station agent; or

(ii) an abattoir operator; or

(iii) a feedlot operator; or

(iv) a cattle scale operator; or

(v) a calf dealer; or

(b) a business dealing with the buying or selling of livestock or the carcases of livestock;

S. 3(1) def. of livestock product amended by Nos 73/1996 s. 31, 35/2009 s. 76.

livestock product includes—

(a) the carcase or any portion of a carcase of any livestock;

(b) the meat, blood, hide, skin, wool, hair, horns, feathers, antlers, feet or offal of livestock;

(d) honey, beeswax, honeycomb or any other product of bees;

(e) semen, ova or embryos of livestock;

(f) the secretions, excretions, manure and other wastes of livestock;

S. 3(1) def. of market value substituted by No. 1/2024 s. 5.

market value, in relation to livestock, means the value of the livestock calculated as on a sale on the place where the livestock is when it is destroyed or dies or is ordered to be destroyed;

owner includes—

(a) every person other than a mortgagee not in possession having or claiming jointly or severally any right, title or interest to or in any livestock or land; and

(b) the authorised agent of the owner; and

(c) in the case of a body corporate or unincorporate, the chief executive officer or other controlling officer of the body; and

(d) the superintendent or overseer of any livestock; and

(e) the occupier, superintendent or overseer of any land upon which livestock are kept; and

(f) all persons in charge of travelling livestock;

S. 3(1) def. of pig repealed by No. 48/2010 s. 15(2).

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 97.1), repealed by No. 1/2024 s. 14(2).

S. 3(1) def. of property identification code inserted by No. 48/2010 s. 15(1).

property identification code has the meaning set out in section 9B;

quarantine area means any premises, aircraft, vehicle, vessel, land, road or place ordered to be quarantined under section 110;

S. 3(1) def. of registered beekeeper inserted by No. 22/2022 s. 108(1)(a).

registered beekeeper means a person who is registered as a beekeeper under this Act;

S. 3(1) def. of registered brand inserted by No. 22/2022 s. 108(1)(a).

registered brand means a brand allotted to a registered beekeeper under section 48(3);

S. 3(1) def. of residual value inserted by No. 25/1997 s. 3(b).

residual value, in relation to any livestock referred to in Part 5 which is destroyed, means any money received by the Secretary on the sale of the carcase, wool, hide or offal of the livestock;

S. 3(1) def. of Secretary amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 9.1), 70/2013 s. 4(Sch. 2 item 26.1), 22/2022 s. 108(1)(b).

Secretary means the Secretary to the Department;

S. 3(1) def. of sheep inserted by No. 25/1997 s. 3(c).

sheep means any ewe, hoggett, lamb, ram or wether;

S. 3(1) def. of vehicle amended by No. 29/2011 s. 3(Sch. 1 item 53).

vehicle includes any aircraft or vessel;

S. 3(1) def. of vendor declaration inserted by No. 48/2010 s. 15(1), substituted by No. 49/2016 s. 3, amended by No. 40/2019 s. 59.

vendor declaration means a declaration under section 8A(1).

S. 3(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 56/2003 s. 11(Sch. item 9.2), 108/2004 s. 117(1) (Sch. 3 item 116.1), 70/2013 s. 4(Sch. 2 item 26.2), repealed by No. 22/2022 s. 108(2).

Objectives

4 Objectives

The objectives of this Act are to—

S. 4(a) amended by No. 57/2003 s. 3(2)(a).

(a) protect public health by preventing, monitoring and controlling diseases transmissible from livestock to humans;

S. 4(b) amended by No. 57/2003 s. 3(2)(a).

(b) to protect domestic and export markets for livestock and livestock products by preventing, monitoring and controlling livestock diseases;

S. 4(c) amended by No. 57/2003 s. 3(2)(b).

S. 4(d) amended by No. 57/2003 s. 3(2)(c).

(d) to provide compensation for certain losses caused by livestock diseases;

S. 4(e) inserted by No. 57/2003 s. 3(2)(d).

(e) to facilitate the operation of livestock identification and tracking programs for disease and residue control and market access.

Binding of Crown

5 Binding of Crown

This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

Governor in Council may make Orders

6 Governor in Council may make Orders

(1) The Governor in Council may make any Orders that are required for the purposes of this Act.

(2) Without affecting the generality of subsection (1), the Governor in Council may make an Order—

(a) declaring any contagious or infectious disease or any condition to which any livestock is subject to be a disease for the purposes of this Act;

(b) declaring any contagious or infectious disease or condition to which any livestock is subject to be an exotic disease for the purposes of this Act;

(c) declaring the whole or any portion of Victoria to be an area for the control of diseases other than exotic diseases and specifying the requirements which are to operate in the area;

(d) prohibiting or restricting the entry into Victoria of any livestock, livestock product, fodder or fittings either generally or from such places, during such periods and under such circumstances as may appear to the Governor in Council to be necessary or expedient for the purpose of preventing the entry into Victoria of any disease.

(3) An order made under subsection (2)(c) may—

(a) prohibit a person from transporting, selling or handling livestock, livestock products or fittings within or from the declared area; and

(b) impose requirements to be complied with in relation to the testing, transportation, sale or handling of livestock, livestock products or fittings within the declared area.

S. 6(3A) inserted by No. 89/2001 s. 4, amended by No. 48/2010 s. 16(1).

(3A) Without affecting subsection (1) or (2), the Governor in Council may make an Order exempting, or exempting to the extent specified in the Order, any livestock or class or species of livestock (including diseased livestock) or any person or class of person that is specified in the Order from all or any of the provisions of this Act or the regulations.

S. 6(3B) inserted by No. 89/2001 s. 4. amended by No. 48/2010 s. 16(2).

(3B) An Order made under subsection (3A)—

(a) may specify the period during which the Order is to remain in force;

(b) may provide that its operation is unconditional or operates in circumstances or conditions specified in the Order or is subject to any terms and conditions that are specified in the Order.

S. 6(4) amended by No. 35/2009 s. 77.

(4) A person must not contravene any prohibition or restriction of an Order made under subsection (2) or any requirement of an Order which is to operate in the declared area.

(5) The Minister must ensure that an Order is published in the Government Gazette as soon as practicable after it is made.

Part 2—Provisions applying to diseases generally

Division 1—Responsibilities of owners and others

7 Notification of diseases

S. 7(1) amended by No. 1/2024 s. 28.

(1) If a person knows or has reason to suspect that a disease is present in livestock, livestock products or hives—

(a) owned by that person or in the possession, control or charge of that person; or

S. 7(1)(b) amended by No. 35/2009 s. 78.

(b) on land owned or occupied by that person; or

S. 7(1)(c) amended by No. 58/1997 s. 96(Sch. item 6.1).

(c) dealt with by that person as a veterinary practitioner, inspector under the Meat Industry Act 1993 or the Export Control Act 1982 of the Commonwealth, operator of a meat processing facility licensed under the Meat Industry Act 1993 where a quality assurance program is in force, the owner or person in charge of premises registered as a diagnostic veterinary laboratory, knacker, stock agent or other person dealing with livestock, livestock products or hives by way of a profession, trade or business—

the person must notify an inspector in accordance with subsection (2) or (3).

1200 penalty units or 24 months imprisonment or both, in the case of an exotic disease.

120 penalty units, in the case of any other disease.

(2) In the case of an exotic disease, the person must notify an inspector without delay after becoming aware or suspecting that the disease is present by the quickest means of communication available.

(3) In the case of a disease other than an exotic disease, the person must notify an inspector within the prescribed time and in the prescribed manner after becoming aware or suspecting that the disease is present.

S. 7A inserted by No. 48/2010 s. 17.

Minister may declare unusual circumstances of disease or death in livestock

7A Minister may declare unusual circumstances of disease or death in livestock

(1) For the purposes of section 7B, the Minister may by instrument declare unusual circumstances of disease in livestock or unusual circumstances of the death of livestock including circumstances relating to the following—

(a) a class of livestock;

(b) the numbers of affected livestock;

S. 7A(1)(c) amended by No. 60/2012 s. 17.

(d) environmental factors;

(e) geographical factors.

(2) A declaration under this section may specify the period during which the declaration is to remain in force, which may be no longer than 3 months after the declaration is made.

S. 7A(3) amended by No. 49/2016 s. 4.

(3) The Minister must ensure that a declaration under this section is published in full in the Government Gazette as soon as is practicable after it is made.

S. 7B inserted by No. 48/2010 s. 17, amended by Nos 69/2011 s. 47(1), 60/2012 s. 18.

Notification of unusual circumstances of disease or death in livestock

7B Notification of unusual circumstances of disease or death in livestock

A person must notify an inspector in the prescribed manner of any unusual circumstances relating to livestock to which a declaration under section 7A applies within 5 days after becoming aware of the unusual circumstances if the livestock is—

S. 7B(a) amended by No. 69/2011 s. 47(2).

(a) owned by that person or in the possession, control or charge of that person; or

(b) on land owned or occupied by that person; or

(i) a veterinary practitioner, inspector under the Meat Industry Act 1993 or the Export Control Act 1982 of the Commonwealth;

(ii) an operator of a meat processing facility licensed under the Meat Industry Act 1993 where a quality assurance program is in force;

(iii) the owner or person in charge of premises registered as a diagnostic veterinary laboratory;

(iv) a knacker, stock agent or other person dealing with livestock by way of a profession, trade or business.

S. 8 (Heading) inserted by No. 40/2019 s. 49.

S. 8
amended by No. 35/2009 s. 79.

Separation of livestock

8 Separation of livestock

A person who owns or is in charge of, or who possesses or has control of, livestock or a livestock product which the person knows or suspects is infected with a disease must keep that livestock or livestock product separate from livestock or livestock products not infected or not suspected to be infected with a disease.

120 penalty units or 12 months imprisonment or both, in the case of an exotic disease.

S. 8A
inserted by No. 48/2010 s. 18, substituted by No. 49/2016 s. 5.

Requirements for vendor declarations when livestock moved

8A Requirements for vendor declarations when livestock moved

S. 8A(1) amended by No. 1/2024 s. 29(1).

(1) If livestock are moved from one property to another property and the properties have different property identification codes, the owner of the livestock (the first owner) must make a declaration as to the movement of the livestock before the livestock are moved.

(2) A declaration under subsection (1) must—

(a) be clear and legible; and

(b) be made in a form approved by the Secretary; and

(i) the property identification code that identifies the property from which the livestock are to be moved; and

(ii) the date on which the livestock are to be moved; and

(iii) the number of the livestock being moved; and

(iv) the name and signature of the person making the declaration; and

(v) the date the declaration is made; and

(vi) the intended destination of the livestock; and

(vii) any other prescribed particular.

S. 8A(3) amended by No. 1/2024 s. 29(2).

(3) If a person (other than the first owner) takes ownership of the livestock when the livestock are moved, the first owner must give the vendor declaration to that person (the new owner) before or at the time the livestock are delivered to the new owner.

S. 8A(4) amended by No. 1/2024 s. 29(3).

(4) If ownership of the livestock does not change when the livestock are moved, the first owner must keep the vendor declaration for the prescribed period after making the declaration.

S. 8A(5) amended by No. 1/2024 s. 29(4).

(5) A person who transports livestock (a transporter) who is given a vendor declaration relating to the livestock by the owner of the livestock must—

(a) ensure that the vendor declaration accompanies the livestock at all times; and

(b) give the vendor declaration to the person taking possession of the livestock when the transporter delivers the livestock.

S. 8A(6) amended by No. 1/2024 s. 29(5).

(6) A livestock agent, who is given a vendor declaration relating to livestock by the first owner of the livestock, must give to the new owner of the livestock within the prescribed period after receiving the vendor declaration—

(a) the vendor declaration; or

S. 8A(6)(b) substituted by No. 40/2019 s. 50(1).

(b) a livestock agent declaration.

S. 8A(7) substituted by No. 40/2019 s. 50(2), amended by No. 1/2024 s. 29(6).

(7) An owner of livestock or a livestock agent who gives a vendor declaration or a livestock agent declaration under this section to a new owner of livestock must keep a copy of that declaration for the prescribed period after giving the declaration to the new owner.

S. 8A(8) substituted by No. 40/2019 s. 50(2), amended by No. 1/2024 s. 29(7).

(8) A person who is given a vendor declaration or a livestock agent declaration under this section must keep the declaration for the prescribed period after receiving the declaration.

(9) In this section—

S. 8A(9) def. of livestock amended by No. 40/2019 s. 50(3)(a).

livestock means prescribed livestock or livestock of a prescribed species or class;

S. 8A(9) def. of livestock agent declaration inserted by No. 40/2019 s. 50(3)(b).

livestock agent declaration means a document, relating to the movement of the livestock, that is prescribed for the purposes of this section containing the prescribed particulars.

S. 9 amended by Nos 89/2001 s. 5, 35/2009 s. 80, 48/2010 s. 19, substituted by No. 22/2022 s. 109.

Identification of livestock

9 Identification of livestock

S. 9(1) amended by No. 1/2024 s. 30(1).

(1) A person must not dispatch cattle or livestock—

(a) for sale at saleyards; or

(b) for slaughter at an abattoir; or

unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.

S. 9(2) amended by No. 1/2024 s. 30(2).

(2) A person must not, by auction or otherwise, sell cattle or livestock unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.

S. 9(3) amended by No. 1/2024 s. 30(3).

(3) A person must not transport cattle or livestock—

(a) for sale at saleyards; or

(b) for slaughter at an abattoir; or

unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.

S. 9(4) amended by No. 1/2024 s. 30(4).

(4) A person must not slaughter or dispose of cattle or livestock at premises licensed under the Meat Industry Act 1993 unless the cattle or livestock is branded, tagged or identified in accordance with section 9A and in the prescribed manner.

S. 9(5) amended by No. 1/2024 s. 30(5).

(5) A person must not process the carcase of cattle or livestock at premises licensed under the Meat Industry Act 1993 unless the carcase is branded, tagged or identified in accordance with section 9A and in the prescribed manner.

S. 9(6) amended by No. 1/2024 s. 30(6).

(6) A person must not move cattle or livestock, or the carcase of cattle or livestock, from one property to another property that has a different property identification code allocated to it, or has no property identification code allocated to it, unless the cattle, livestock or carcase is branded, tagged or identified in accordance with section 9A and in the prescribed manner.

livestock means prescribed livestock or livestock of a prescribed species or class.

S. 9A
inserted by No. 73/1996 s. 32, substituted by No. 89/2001 s. 6.

Permanent identification of livestock

9A Permanent identification of livestock

S. 9A(1) amended by Nos 35/2009 s. 80, 1/2024 s. 31(1).

(1) The owner of any cattle or prescribed livestock or livestock of a prescribed species or class must ensure that the cattle or livestock is permanently tagged, marked, branded or identified—

S. 9A(1)(a) amended by No. 22/2022 s. 110.

(a) in the circumstances set out in section 9(1), (2), (3), (4), (5) or (6); or

(b) in any other prescribed circumstances—

in the manner specified by the Secretary with a tag, mark, brand or other device that—

S. 9A(1)(d) substituted by No. 48/2010 s. 20(1).

(d) has a property identification code allocated by the Secretary under section 9B; and

(e) has a number identifying the individual cattle or livestock; and

(f) is manufactured or sold by a person who is authorised to do so under section 9C.

S. 9A(2) amended by Nos 35/2009 s. 80, 1/2024 s. 31(2).

(2) If any cattle or prescribed livestock or livestock of a prescribed species or class has been tagged, marked, branded or identified in accordance with subsection (1), a person must not remove that tag, mark, brand or identification device from the cattle or livestock or deface, obliterate or alter the tag, mark, brand or identification device except—

(a) in accordance with a direction of an inspector; or

(b) if the tag is removed from the cattle or livestock, or the mark, brand or identification is defaced, obliterated or altered, by a person working at an abattoir or knackery where the cattle or livestock is being slaughtered or disposed of; or

S. 9A(3) amended by No. 48/2010 s. 20(2).

(3) Without limiting subsection (1), the Secretary may require cattle or livestock or any species or class of livestock to be tagged, marked, branded or identified with a device that contains an electronic microchip that incorporates the property identification code allocated by the Secretary under section 9B and the number that identifies the individual cattle or livestock.

(4) The Secretary must ensure that a notice is published in the Government Gazette and in a newspaper circulating generally throughout Victoria specifying any requirements of the Secretary for the purposes of this section.

S. 9AB inserted by No. 1/2024 s. 13.

9AB Possession of cattle or livestock if permanent identification has been removed or replaced

(1) A person must not be in possession or control of cattle or livestock that has been tagged, marked, branded or identified in accordance with section 9A(1) if the tag, mark, brand or identification device has been removed.

(2) A person does not commit an offence against subsection (1) if—

(a) the tag, mark, brand or identification device has been removed in accordance with this Act or the regulations; or

(b) the person has a reasonable excuse for being in possession or control of the cattle or livestock.

(3) A person must not be in possession or control of cattle or livestock that has been tagged, marked, branded or identified in accordance with section 9A(1) if the tag, mark, brand or identification device has been replaced with a different tag, mark, brand or identification device.

(4) A person does not commit an offence against subsection (3) if—

(a) the tag, mark, brand or identification device has been removed and replaced in accordance with this Act or the regulations; or

(b) the person has a reasonable excuse for being in possession or control of the cattle or livestock.

livestock means prescribed livestock or livestock of a prescribed species or class.

S. 9B
inserted by No. 73/1996 s. 32, amended by Nos 89/2001 s. 7, 35/2009 s. 80, substituted by No. 48/2010 s. 21.

9B Property identification codes

S. 9B(1) amended by No. 1/2024 s. 32(1).

(1) A person who owns any cattle or prescribed livestock or any livestock of a prescribed species or class must apply to the Secretary for the allocation of a code that identifies the property at which the cattle or livestock is to be kept.

S. 9B(2) amended by No. 1/2024 s. 32(2).

(2) A person who carries on a livestock business must apply to the Secretary for the allocation of a code that identifies the place at which the person carries on that business.

(3) An application under this section must—

(a) be made in the prescribed manner; and

(b) contain the prescribed information; and

(4) The Secretary must allocate, to a person who has applied in accordance with this section, a code identifying—

(a) the property at which cattle or prescribed livestock or any livestock of a prescribed species or class are kept; or

(b) the place at which a livestock business is carried out.

(5) A code allocated under subsection (4) (a property identification code) remains in force for any period that is specified by the Secretary with respect to the property identification code unless earlier cancelled by the Secretary.

S. 9B(6) amended by No. 1/2024 s. 32(3).

(6) A person who has been allocated with a property identification code under this section must advise the Secretary in writing of any change in the information given in the application for the code within 28 days after the change.

20 penalty units.

code includes any configuration of numbers or letters or a combination of both numbers and letters;

livestock business means any of the following businesses—

(a) operating a saleyard;

(b) operating as a scale operator;

(d) operating an abattoir;

(e) any other prescribed class of business.

S. 9BA inserted by No. 48/2010 s. 21.

9BA Cancellation of property identification code

(1) The Secretary may cancel a property identification code allocated under section 9B in any of the following circumstances—

(a) if a livestock business has ceased trading at a place in respect of which a property identification code was allocated;

(b) if there are no longer any livestock being kept at a property in respect of which a property identification code was allocated;

(c) if more than one property identification code has been allocated in respect of the same property and it is no longer appropriate that there be more than one property identification code allocated in respect of the property;

(d) if it is necessary to change the configuration of the numbers and letters in the property identification code.

(2) If a property identification code is cancelled under this section, the Secretary must give a written notice by post to the person who applied for the property identification code at the last known address of the person, which states—

(a) that the property identification code has been cancelled; and

(b) the reason for the cancellation; and

(c) except in the case of a cancellation under subsection (1)(d), that the person may apply to the Secretary for a review of the decision to cancel the property identification code in accordance with the requirements set out in section 9BB(2).

(3) A cancellation of a property identification code under this section takes effect from the earlier of—

(a) the end of the period within which a person may apply for a review of the decision under section 9BB; or

(b) the day the decision is affirmed by the Secretary under section 9BB.

S. 9BB inserted by No. 48/2010 s. 21.

9BB Review of cancellation of property identification code

(1) If a decision is made under section 9BA(1)(a), (1)(b) or (1)(c) to cancel a property identification code, the person who applied for that property identification code may apply to the Secretary for a review of the decision.

(2) An application must—

(a) be in writing and include the reasons as to why the property identification code should not be cancelled; and

(b) be made within 28 days after the person receives written notice of the cancellation under section 9BA(2).

(3) The Secretary must take into account the reasons included in the application when reviewing a decision under this section.

(4) The Secretary must determine whether to affirm or set aside a decision to cancel a property identification code within 28 days after receiving an application under this section.

(5) The Secretary must, without delay, give an applicant under this section written notice of any determination made under this section.

(6) If the decision to cancel a property identification code under section 9BA was made by a person on behalf of the Secretary, any review of that decision under this section must not be made by that person.

S. 9BC inserted by No. 48/2010 s. 21, amended by No. 1/2024 s. 33.

9BC Offence to use property identification code no longer in force

A person must not use a property identification code that is no longer in force—

(a) in relation to the identification of cattle or prescribed livestock or livestock of a prescribed species or class; or

(b) in connection with the carrying on of a livestock business (within the meaning of section 9B).

20 penalty units.

S. 9C
inserted by No. 83/1998 s. 4, amended by No. 89/2001 s. 8(2) (ILA s. 39B(1)).

Requirements for manufacturers of tags and devices

9C Requirements for manufacturers of tags and devices

S. 9C(1) amended by Nos 89/2001 s. 8(1)(a)(b), 35/2009 s. 80, 48/2010 s. 22, 1/2024 s. 34(1).

(1) A person must not make or sell or offer or expose for sale a tag or a marking, branding or identification device intended for identifying livestock for the purposes of section 9 or 9A or that is held out as being suitable for those purposes or that contains a property identification code allocated by the Secretary under section 9B unless the person is authorised for the time being in writing by the Secretary to do so.

S. 9C(2) inserted by No. 89/2001 s. 8(2), amended by Nos 35/2009 s. 80, 1/2024 s. 34(2).

(2) If a tag, mark, brand or other device intended for identifying livestock for the purposes of section 9 or 9A has been used to tag, mark or brand or otherwise identify individual livestock, a person must not use that tag, mark, brand or other device to identify other livestock unless the person is authorised for the time being in writing by the Secretary to do so.

S. 9C(3) inserted by No. 89/2001 s. 8(2).

(3) Subsection (2) does not apply to a tag, mark, brand or a device that does not identify the individual livestock.

Entry of livestock etc.

10 Entry of livestock etc.

S. 10(1) amended by No. 73/1996 s. 33, substituted by No. 89/2001 s. 9(1), amended by No. 1/2024 s. 35.

(1) A person must not bring or cause or permit or allow to be brought into Victoria any diseased livestock or diseased livestock product except in accordance with the prior authority of the Secretary or a licence issued by the Secretary.

600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.

60 penalty units in the case of any other disease.

(2) A person must not bring or cause or permit or allow to be brought into Victoria any livestock, livestock product, fodder or fittings—

S. 10(2)(a) amended by No. 48/2010 s. 23.

(a) contrary to any order or any requirement prescribed in the regulations (if any) relating to the introduction of livestock, livestock products, fodder or fittings into Victoria; and

(b) without the livestock, livestock product, fodder or fittings being inspected and certified in the manner prescribed.

(3) A person must not, in Victoria, abandon, allow to stray, drive or cause to be driven any livestock, or move or cause to be moved any livestock products, fodder or fittings, introduced into Victoria—

(a) contrary to any order or any regulation about the introduction of livestock, livestock products, fodder or fittings into Victoria; and

(b) without the livestock, livestock product, fodder or fittings being inspected and certified in the manner prescribed.

S. 10(4) inserted by No. 89/2001 s. 9(2).

(4) The Secretary may—

(a) in writing authorise the bringing into Victoria of any diseased livestock or diseased livestock product that is specified in the authorisation;

(b) issue a licence authorising the bringing into Victoria of diseased livestock or diseased livestock products or a class of diseased livestock or diseased livestock product for the period specified in the licence not exceeding 3 years and may impose any conditions on the licence.

S. 11 amended by No. 40/2019 s. 51(2) (ILA s. 39B(1)).

Quarantine areas

11 Quarantine areas

S. 11(1) amended by Nos 48/2010 s. 24, 40/2019 s. 51(1), substituted by No. 1/2024 s. 21(1).

(1) A person must not abandon livestock in or allow livestock to stray in or out of a quarantine area.

S. 11(1A) inserted by No. 1/2024 s. 21(1).

(1A) A person must not, without the written authority of an inspector, drive or cause to be driven any livestock into, through or out of a quarantine area.

S. 11(1B) inserted by No. 1/2024 s. 21(1).

(1B) A person must not, without the written authority of an inspector, remove from, or move into, a quarantine area any livestock product, fodder or fittings or any soil, sand or any other material.

S. 11(1C) inserted by No. 1/2024 s. 21(1).

(1C) A person must not, without the written authority of an inspector, move a vehicle into or from a quarantine area, whether or not the vehicle contains livestock.

S. 11(2) inserted by No. 40/2019 s. 51(2), amended by No. 1/2024 s. 21(2).

(2) An inspector may make a written authority under subsection (1A), (1B) or (1C) subject to any condition that the inspector considers is reasonably necessary to prevent the spread of disease.

Offences

12 Offences

S. 12(1) amended by No. 40/2019 s. 52(1), substituted by No. 1/2024 s. 36(1).

(1) A person must not expose any diseased livestock in a market or other public place where livestock are exposed for sale.

S. 12(1A) inserted by No. 1/2024 s. 36(1).

(1A) A person must not expose any diseased livestock in any saleyard whether public or private.

S. 12(1B) inserted by No. 1/2024 s. 36(1).

(1B) A person must not place any diseased livestock in any lair or place adjacent to or connected with any place where livestock are commonly placed before exposure for sale.

S. 12(1C) inserted by No. 1/2024 s. 36(1).

(1C) A person must not send for carriage or cause to be carried on any vehicle or vessel any diseased livestock.

S. 12(1D) inserted by No. 1/2024 s. 36(1).

(1D) A person must not carry, lead or drive or cause to be carried, led or driven any diseased livestock on or by the side of any highway or thoroughfare.

S. 12(1E) inserted by No. 1/2024 s. 36(1).

(1E) A person must not keep or cause to be kept any diseased stock—

(a) on any common; or

(b) on the side of a highway or thoroughfare.

S. 12(1F) inserted by No. 1/2024 s. 36(1).

(1F) A person must not keep or cause to keep any diseased livestock on any unenclosed land or in any field or other place which is insufficiently fenced unless the livestock is constantly followed and kept in sight.

S. 12(2) amended by No. 1/2024 s. 36(2).

(2) If diseased livestock are found either travelling or in any public place or saleyard or on any land or other place on which livestock are offered for sale, the owner of the livestock is guilty of an offence and liable to a penalty in the case of an exotic disease not exceeding 600 penalty units or 12 months imprisonment or both, or in the case of any other disease, not exceeding 60 penalty units.

S. 12(3) substituted by No. 40/2019 s. 52(2), amended by No. 1/2024 s. 36(3).

(3) The Secretary may exempt any person or class of person or any class of diseased livestock from all or any of the provisions of subsection (1), (1A), (1B), (1C), (1D), (1E), (1F) or (2).

S. 12(3A) inserted by No. 40/2019 s. 52(2).

(3A) An exemption—

(a) may apply in relation to the whole or any part of Victoria; and

(b) must state which parts of Victoria it applies to.

(4) An exemption must be in writing and may be granted on conditions.

S. 12(4A) inserted by No. 40/2019 s. 52(3).

(4A) An exemption that relates to a class of person or a class of diseased livestock must be published in full in the Government Gazette as soon as is practicable after it is granted.

S. 12(5) amended by No. 1/2024 s. 36(4).

(5) A person who is granted an exemption must comply with the conditions (if any) of the exemption.

600 penalty units or 12 months imprisonment or both, in the case of an exotic disease.

Div 2

Controls over livestock

Division 2—Controls over livestock

S. 13 (Heading) inserted by No. 40/2019 s. 53(1).

Separation or isolation of livestock

13 Separation or isolation of livestock

S. 13(1) amended by No. 40/2019 s. 53(2)(a).

(1) An inspector may, in writing, order the owner of—

(a) livestock suffering from or suspected of suffering from disease; or

(b) livestock which the inspector believes to have been in contact with diseased livestock—

to ensure that the livestock are kept separate or in isolation from other livestock until the livestock have received proper treatment or been found by an inspector not to be suffering from disease.

S. 13(2) amended by No. 40/2019 s. 53(2)(b).

(2) An inspector may, in writing, order the person in charge or having the custody or control of livestock referred to in subsection (1) to ensure that the livestock are kept separate or in isolation from other livestock for so long as they are in the person's charge, custody or control.

S. 13(3) amended by No. 35/2009 s. 81.

(3) A person must not fail or refuse to comply with an order under this section.

Destruction or disposal of livestock

14 Destruction or disposal of livestock

(1) If any livestock, livestock product, fodder or fittings is introduced into—

(a) Victoria; or

S. 14(1)(b) amended by No. 73/1996 s. 48(a).

(b) a quarantine area; or

contrary to any provision of this Act or an order or regulation made under this Act, the livestock, the livestock product, fodder or fittings may be destroyed or otherwise disposed of as directed by instrument by the Minister.

(2) The Minister must cause a copy of a direction under subsection (1) to be given to the owner or person apparently in charge of the livestock, livestock product, fodder or fittings before the direction is carried out unless—

(a) the owner or person apparently in charge of the livestock, livestock product, fodder or fittings cannot be found after reasonable search or inquiry; and

(b) the Minister considers that, in the circumstances, the direction must be carried out without prior notice to the owner or person apparently in charge.

(3) If destruction or disposal is directed by the Minister under subsection (1), the owner of the livestock, livestock product, fodder or fittings destroyed or disposed of is not entitled to compensation except compensation expressly provided for in Part 5.

(4) A direction of the Minister under this section is deemed to be a direction of an inspector for the purposes of Part 5.

Destruction or disposal of diseased livestock

15 Destruction or disposal of diseased livestock

S. 15(1) amended by No. 73/1996 s. 34(1).

(1) If an inspector knows or reasonably suspects that—

(a) any livestock or livestock product is diseased or infected with a disease; or

S. 15(1)(b) substituted by No. 7/2007 s. 4(1).

(b) any livestock, livestock product, fodder, fitting or any other article has been in contact with diseased livestock or a diseased livestock product—

the inspector may—

S. 15(1)(c) amended by No. 7/2007 s. 4(2).

S. 15(1)(d) amended by No. 7/2007 s. 4(2).

(d) destroy, or order to be destroyed, the livestock, livestock product, fodder, fitting or article.

S. 15(2) amended by Nos 73/1996 s. 34(2), 7/2007 s. 4(2).

(2) The inspector must notify the owner or person apparently in charge of the livestock, livestock product, fodder, fitting or article of the inspector's intention to destroy or dispose of the livestock, livestock product, fodder, fitting or article.

S. 15(3) substituted by No. 7/2007 s. 4(3).

(3) If an inspector knows or reasonably suspects that livestock or a livestock product is infected with a disease or that any livestock, livestock product, fodder, fitting or any other article has been in contact with diseased livestock or a diseased livestock product and the owner of the livestock, livestock product, fodder, fitting or article cannot be located after reasonable inquiry and there is no person apparently in charge of the livestock, livestock product, fodder, fitting or article, the inspector may, with the approval of the Secretary, destroy or otherwise dispose of the livestock, livestock product, fodder, fitting or article.

Testing for diseases

16 Testing for diseases

S. 16(1) substituted by No. 48/2010 s. 25(1).

(1) A person must not test, analyse or undertake any diagnostic examination of any sample or specimen taken from any livestock or livestock product for the purpose of determining whether it is infected with any disease unless—

(a) the test, analysis or examination is conducted at premises which have been registered by the Secretary as a veterinary diagnostic laboratory for the testing, analysis or examination of samples or specimens for that disease; or

(b) the person is a person or of a class of person approved by the Secretary in a written determination under section 16A(1) and conducts the test, analysis or examination by way of a method approved by the Secretary in that determination for that class of test, analysis or examination and in accordance with any conditions of that determination.

S. 16(2) amended by No. 35/2009 s. 82.

(2) A person must not submit any sample or specimen taken from any livestock or livestock product to another person for the purpose of having that other person test, analyse or undertake any diagnostic examination of the sample or specimen to determine whether it is infected with any disease unless the first-mentioned person reasonably believes that the other person will undertake the test, analysis or examination at premises registered as a veterinary diagnostic laboratory under subsection (1).

S. 16(2A) inserted by No. 48/2010 s. 25(2), amended by No. 40/2019 s. 54(1).

(2A) A person who submits any sample or specimen taken from any livestock or livestock product to a person at premises registered as a veterinary diagnostic laboratory under subsection (1) for the purposes of having the sample or specimen tested, analysed or diagnostically examined to determine whether it is infected with any disease must ensure that the following information accompanies the sample or specimen—

(a) the date of submission of the sample or specimen;

(b) the name and address of the owner of the livestock or livestock product;

(d) the property identification code identifying the property at which the livestock is kept;

(e) the species of livestock;

(f) any other prescribed information.

Penalty: 30 penalty units.

S. 16(2B) inserted by No. 48/2010 s. 25(2), amended by No. 40/2019 s. 54(2).

(2B) A person who has submitted any sample or specimen taken from any livestock or livestock product to another person outside Victoria for the purpose of having that other person test, analyse or undertake any diagnostic examination of the sample or specimen to determine whether it is infected with any disease must, if the results of the testing, analysis or diagnostic examination include a determination that the livestock or livestock product is infected with disease, notify the Secretary in writing of the following within 7 days after receiving the results—

(a) the date of submission of the sample or specimen;

(b) the name and address of the owner of the livestock or livestock product;

(d) the property identification code identifying the property at which the livestock is kept;

(e) the species of livestock;

(f) any other prescribed information.

Penalty: 30 penalty units.

(3) The owner or person in charge of premises registered as a veterinary diagnostic laboratory must ensure that—

(a) any test, analysis or diagnostic examination of any sample or specimen referred to in subsection (1) is carried out in accordance with any prescribed standards; and

(b) the prescribed records are kept and submitted to the Secretary in the prescribed time and manner.

S. 16(4) inserted by No. 73/1996 s. 35.

(4) The owner or person in charge of premises registered as a veterinary diagnostic laboratory must ensure that the facilities and operational practices of the laboratory comply with any prescribed standards of accreditation for veterinary diagnostic laboratories.

S. 16(4A) inserted by No. 48/2010 s. 25(3).

(4A) Subsection (4) does not apply to a veterinary diagnostic laboratory declared in a determination under section 16A(3) to be a small veterinary diagnostic laboratory.

S. 16(5) inserted by No. 73/1996 s. 35, amended by No. 35/2009 s. 82(2).

(5) The owner or person in charge of premises registered as a veterinary diagnostic laboratory must comply with any direction of the Secretary to take part in any program to test the proficiency of the facilities and operational practices used in the laboratory or to do so jointly or collaboratively with any other veterinary diagnostic laboratory.

S. 16A inserted by No. 48/2010 s. 26.

16A

Secretary may make determinations relating to testing for diseases

16A Secretary may make determinations relating to testing for diseases

(1) The Secretary, for the purposes of section 16(1)(b), may by written determination—

(a) approve a person or class of person who may test, analyse or undertake a diagnostic examination of any sample or specimen taken from any livestock or livestock product for the purpose of determining whether it is infected with any disease by way of a method approved under paragraph (b); and

(b) approve a method for conducting a class of test, analysis or undertaking of a diagnostic examination referred to in paragraph (a).

(2) In approving a person or class of person under subsection (1)(a), the Secretary must have regard to the qualifications or work experience of the person or class of person.

(3) The Secretary, for the purposes of section 16(4A), may by written determination declare a veterinary diagnostic laboratory to be a small veterinary diagnostic laboratory having regard to the following criteria—

(a) the number of samples or specimens taken from livestock or livestock products tested, analysed or diagnostically examined by the laboratory annually;

(b) the types of tests, analysis or diagnostic examinations performed at the laboratory;

(c) the qualifications of veterinary pathologists employed at the laboratory to carry out tests, analysis or diagnostic examinations performed at the laboratory;

(d) any quality assurance programs established at the laboratory;

(e) the demonstrated mechanisms relating to notification of diseases in livestock or livestock products used at the laboratory.

(4) A determination under this section—

(a) may be unconditional or subject to any condition specified in the order; and

(b) must be published by notice in the Government Gazette as soon as is practicable after it is granted.

Div 3

Agreements and contracts

Division 3—Agreements and contracts

Agreements with owners of livestock

17 Agreements with owners of livestock

(1) The Secretary may enter into a written agreement with an owner of livestock which requires that owner to do anything which an inspector has power to direct the owner to do under this Act.

(2) An owner of livestock is not liable to be prosecuted for an offence against this Act in respect of any matter provided for in an agreement under subsection (1) if the owner is acting in accordance with the agreement.

(3) An agreement may be amended by further agreement between the Secretary and the owner.

(4) An agreement may be revoked by the Secretary or the owner by giving notice in writing to the other party to the agreement.

(5) If the Secretary revokes an agreement, the owner may appeal to the Minister to review that revocation.

Contracts with veterinary practitioners

18 Contracts with veterinary practitioners

S. 18(1) amended by Nos 58/1997 s. 96(Sch. item 6.2), 74/2000 s. 3(Sch. 1 item 73.2).

(1) The Secretary may enter into a contract with a veterinary practitioner registered under the Veterinary Practice Act 1997 who is not an inspector to subject livestock to any examination, biological test, vaccination, inoculation or treatment that is specified in the contract.

S. 18(2) amended by No. 74/2000 s. 3(Sch. 1 item 73.2).

(2) The veterinary practitioner is entitled to any fee set out in the contract.

S. 18(3) amended by No. 1/2024 s. 59(1).

(3) The Secretary may terminate a contract after giving the notice provided in the contract or, if no notice is provided, after giving 2 weeks' notice.

Part 3—Exotic diseases

Division 1—Preliminary

19 Application of this Part to land

(1) Any provision of this Act that is exercised in relation to an exotic disease, to the extent that it confers any function or power that may be exercised in relation to land, applies to all land, whatever its status.

(2) Without limiting subsection (1), any provision of this Act that is exercised in relation to an exotic disease applies to land, premises, areas and places—

(a) that are the property of the Crown, or that are dedicated or reserved for any purpose, or protected or otherwise dealt with under any other Act; or

(b) the care, control or supervision of which is vested in any statutory authority or other person.

(3) It is not necessary, in order for any land, premises, area or place to be declared to be an infected place, restricted area or control area under this Part or for the validity of any order or the exercise of any power to enter premises or of any other power conferred by this Act and exercised in relation to an exotic disease, to obtain the consent of any person or body or to meet any requirements other than the requirements of this Act.

(4) If land is owned, jointly or as tenants in common or otherwise, by 2 or more persons an order, notice or other document relating to an exotic disease which is under this Act served on one of them as owner of the land is deemed to have been served on them all.

Application of this Part to livestock

20 Application of this Part to livestock

(1) Any provision of this Act that is exercised in relation to an exotic disease, to the extent that it confers any function or power that may be exercised in relation to livestock, applies to all livestock, whatever their status and whether or not the property of the Crown or any other person.

(2) Without limiting subsection (1), any provision of this Act that is exercised in relation to an exotic disease applies to livestock—

(a) that are protected or otherwise dealt with under any Act; or

(b) the care, control, management or supervision of which is vested by any Act in the Crown or any statutory authority or other person.

(3) It is not necessary for the validity of any order under this Part for the destruction, confinement or other control or treatment of, or otherwise affecting, any livestock, or for the exercise of any other power conferred by this Act in relation to exotic diseases of livestock, to obtain the consent of any person or body or to meet any requirements other than the requirements of this Act.

(4) Nothing in this Part authorises wanton cruelty to any livestock.

Division 2—Declared areas

Declaration of infected place

21 Declaration of infected place

If the Secretary reasonably suspects any land premises, place or area within Victoria to be infected with an exotic disease, the Secretary may, by order in writing declare it to be an infected place.

Declaration of infected vehicle

22 Declaration of infected vehicle

If the Secretary reasonably suspects any vehicle to be infected with an exotic disease, the Secretary may, by order in writing declare it to be an infected vehicle.

S. 23 substituted by No. 49/2016 s. 6.

Notice of order declaring area or vehicle infected

23 Notice of order declaring area or vehicle infected

(1) The Secretary must ensure that each infected place order and infected vehicle order—

(a) is published in full in the Government Gazette; and

S. 23(1)(b) substituted by No. 1/2024 s. 22.

(b) if the infected place order relates to an area, notice of the order is published on—

(2) The Secretary must ensure that written notice of—

(a) an infected place order is given to the owner or person in charge or in apparent control of the land, premises, place or area to which the notice relates; and

(b) an infected vehicle order is given to the owner or person in charge or in apparent control of the vehicle to which the order relates.

infected place order means an order under section 21;

infected vehicle order means an order under section 22.

Permit for entry or exit

24 Permit for entry or exit

S. 24(1) amended by No. 1/2024 s. 37.

(a) enter or leave any land, premises, place or area declared to be an infected place or a vehicle declared to be an infected vehicle; or

(b) cause, permit or assist any other person to enter or leave any such land, premises, place, area or vehicle; or

(c) bring, move, take or allow any person to bring move or take any livestock, livestock product, fodder or fitting into, within or out of any such land, premises, place area or vehicle; or

(d) cause, permit or assist any vehicle to enter or leave any land, premises, place or area declared to be an infected place—

unless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in a permit.

(3) Without limiting subsection (2), an inspector may issue a permit subject to the condition that the holder of the permit, or the livestock, livestock product, fodder, fitting or vehicle to which the permit relates—

(a) must first be effectively disinfected to the satisfaction of the inspector and in a manner specified by the inspector before leaving or being taken out of the infected place or infected vehicle; and

(b) must not go or be brought to any other land, premises or place where any specified livestock, livestock product, fodder or fittings are located.

(4) An inspector may revoke or vary a permit at any time by notice in writing to the holder.

(5) If a permit given under this section is revoked the holder must, upon request by an inspector immediately deliver the revoked permit to the inspector.

Entry and exit points

25 Entry and exit points

(1) Any movement of a vehicle into or out of an infected place, and any movement of persons, livestock, livestock products, fodder or fittings into or out of an infected place or infected vehicle must be made only through a point or points specified in a notice issued by an inspector to the person in charge or in apparent control of the place or vehicle.

S. 25(2) substituted by No. 35/2009 s. 83(1).

(2) The inspector must cause—

S. 25(2)(a) substituted by No. 1/2024 s. 23.

(a) the notice to be published on—

(ii) an Internet site maintained by the Department; and

(b) a legible copy of the notice to be displayed at the points specified in the notice in such a manner that it can easily be read.

S. 25(3) amended by No. 1/2024 s. 38(1).

(3) A person who knows or has reason to believe any land, premises, place or area to be an infected place or that a vehicle is an infected vehicle must not go or move any other person, livestock, livestock product, fodder, fitting or vehicle in or out of it except in accordance with a notice issued under subsection (1).

S. 25(4) inserted by No. 35/2009 s. 83(2), amended by No. 1/2024 s. 38(2).

(4) A person who goes, or moves any other person, livestock, livestock product, fodder, fitting or vehicle, in or out of any land, premises, place or area that is an infected place or in or out of a vehicle that is an infected vehicle, where that person is not liable for an offence under subsection (3) in respect of doing so, is guilty of an offence and liable to a penalty not exceeding 120 penalty units.

S. 25(5) inserted by No. 35/2009 s. 83(2).

(5) Subsection (4) does not apply if the person is acting in accordance with a notice issued under subsection (1).

Declaration of restricted area

26 Declaration of restricted area

S. 26(1) amended by No. 1/2024 s. 24(1).

(1) If the Minister believes or suspects that there is a possibility that an exotic disease is present on or in or may be introduced into any land, premises, place or area (including the whole of Victoria), the Minister may by order—

(a) declare the land, premises, place or area to be a restricted area; and

(b) specify any prohibitions, restrictions and requirements which are to operate in the restricted area.

(2) The order must identify the classes or descriptions of livestock or livestock products, fodder, fittings or vehicles that are affected by it.

S. 26(3) substituted by No. 49/2016 s. 7.

(3) The Minister must ensure that in relation to an order under subsection (1)—

(a) the order is published in full in the Government Gazette; and

S. 26(3)(b) substituted by No. 1/2024 s. 24(2).

(b) notice of the order is published on—

Permits for activity in restricted area

27 Permits for activity in restricted area

S. 27(1) amended by No. 1/2024 s. 39(1).

(1) A person who knows, or has reason to believe, that any land, premises, place or area has been declared to be a restricted area must not—

(a) cause or permit the movement of any livestock, livestock product, fodder, fittings or vehicle to which the declaration of the restricted area applies into, within or from that area; or

(b) cause or permit the movement of any vehicle carrying, or of a type normally used for the carrying of, any livestock, livestock product, fodder or fittings to which the declaration of the restricted area applies into, within or from that area; or

unless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in the permit.

S. 27(1A) inserted by No. 35/2009 s. 84, amended by No. 1/2024 s. 39(2).

(1A) A person who—

(a) causes or permits the movement of any livestock, livestock product, fodder, fittings or vehicle specified in an order under section 26 into, within or from, any land, premises, place or area declared to be a restricted area under that order; or

(b) causes or permits the movement of any vehicle carrying, or of a type normally used for the carrying of, any livestock, livestock product, fodder or fittings specified in an order under section 26 into, within or from, any land, premises, place or area declared to be a restricted area under that order; or

(c) contravenes any prohibition, restriction or requirement specified in an order under section 26 declaring any land, premises, place or area to be a restricted area—

where that person is not liable for an offence under subsection (1) in respect of doing so, is guilty of an offence and liable to a penalty not exceeding 120 penalty units.

S. 27(1B) inserted by No. 35/2009 s. 84.

(1B) Subsection (1A) does not apply if the person is acting under a permit issued by an inspector and the person complies with any conditions set out in the permit.

(3) Without limiting subsection (2), an inspector may issue a permit subject to the condition that the holder of the permit, or the livestock, livestock product, fitting or vehicle to which the permit relates is effectively disinfected to the satisfaction of the inspector and in a manner specified by the inspector, before leaving or being taken out of the restricted area.

(4) An inspector may revoke or vary a permit at any time by notice in writing to the holder.

(5) If a permit given under this section is revoked the holder must, upon request by an inspector, immediately deliver the revoked permit to the inspector.

Entry to and exit from restricted areas

28 Entry to and exit from restricted areas

S. 28(1) substituted by No. 1/2024 s. 25.

(1) The Secretary may by notice in writing prohibit or impose restrictions on movement into or from a restricted area of any livestock, livestock product, fodder, fittings or vehicle.

S. 28(1A) inserted by No. 1/2024 s. 25.

(1A) A notice under subsection (1) must be published on—

(a) an approved alternative publication Internet site; or

(b) an Internet site maintained by the Department.

(2) Any movement of livestock, livestock products, fodder, fittings or vehicles of a class or description specified in the order declaring the restricted area into or out of a restricted area must be made only through a point or points specified in a notice under subsection (1).

S. 28(3) amended by No. 1/2024 s. 40(1).

(3) A person who knows or has reason to believe that any land, premises place or area has been declared a restricted area must not move any livestock, livestock product, fodder, fittings or vehicles—

(a) which is specified, or of a class or description specified, in the order declaring the restricted area; and

(b) to which a notice under subsection (1) applies—

into or out of the restricted area in contravention of the notice.

S. 28(4) inserted by No. 35/2009 s. 85, amended by No. 1/2024 s. 40(2).

(4) A person who moves any livestock, livestock product, fodder, fitting or vehicle into or out of a restricted area in contravention of a notice under subsection (1) where—

(a) the livestock, livestock product, fodder, fitting or vehicle is specified, or is of a class or description specified, in the order declaring the restricted area; and

(b) the notice applies to that livestock, livestock product, fodder, fitting or vehicle; and

(c) the person is not liable for an offence under subsection (3) in respect of the movement of the livestock, livestock product, fodder, fitting or vehicle—

is guilty of an offence and liable to a penalty not exceeding 120 penalty units.

Control area

29 Control area

(1) If the Minister believes or suspects that it is reasonably necessary for the purpose of preventing, controlling or eradicating an exotic disease, the Minister may by order—

S. 29(1)(a) amended by No. 1/2024 s. 26(1).

(a) declare any land, premises, place or area (including the whole of Victoria) to be a control area; and

(b) specify any prohibitions, restrictions and requirements which are to operate in the control area.

(2) The declaration must identify the classes or descriptions of livestock, livestock products, fodder or fittings that are affected by it.

(3) Without limiting the powers of the Minister under subsection (1)(b), an order declaring a control area may prohibit, regulate or control—

(a) the holding of markets, fairs, sales, shows, parades, race meetings or other gatherings or competitions involving livestock or livestock products;

S. 29(3)(b) amended by No. 73/1996 s. 48(b).

(b) the presence or exposure of livestock or livestock products of a class or description specified in the order at any place where livestock or livestock products are exposed for sale;

(c) the presence or exposure of livestock of a class or description specified in the order at any place where livestock are exposed for exhibition, parade, race meetings or any form of recreation or competition;

(d) the sale, presence or exposure of livestock or livestock products of a class or description specified in the order at places where livestock or livestock products are commonly processed for human or animal consumption;

(e) the movement of livestock or livestock products of a class or description specified in the order into out of or within the area declared to be a control area.

S. 29(4) substituted by No. 49/2016 s. 8(1).

(4) The Minister must ensure that in relation to an order declaring a control area—

(a) the order is published in full in the Government Gazette; and

S. 29(4)(b) substituted by No. 1/2024 s. 26(2).

(b) notice of the order is published on—

S. 29(5) substituted by No. 89/2001 s. 10.

(5) An order declaring a control area has effect for the period not exceeding 12 months that the Minister specifies in the Order and may be continued for any further period or periods not exceeding 12 months that the Minister determines by notice published in the Government Gazette.

S. 29(6) inserted by No. 49/2016 s. 8(2).

(6) If the Minister continues an Order under subsection (5) by notice published in the Government Gazette, the Order must be published in full in the Government Gazette as an attachment to or accompanying the notice.

Permit for activity in a control area

30 Permit for activity in a control area

S. 30(1) amended by No. 1/2024 s. 41(1).

(1) A person who knows, or has reason to believe, that any land, premises, place or area has been declared to be a control area must not contravene any prohibition, restriction or requirement specified in the order which declared the control area unless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in the permit.

1200 penalty units or 24 months imprisonment or both.

S. 30(1A) inserted by No. 35/2009 s. 86, amended by No. 1/2024 s. 41(2).

(1A) A person who contravenes any prohibition, restriction or requirement specified in an order declaring any land, premises, place or area to be a control area, where that person is not liable for an offence under subsection (1) in respect of that contravention, is guilty of an offence and liable to a penalty not exceeding 120 penalty units.

S. 30(1B) inserted by No. 35/2009 s. 86.

(1B) Subsection (1A) does not apply if the person is acting under a permit issued by an inspector and the person complies with any conditions set out in the permit.

(3) An inspector may revoke or vary a permit at any time by notice in writing to the holder.

(4) If a permit given under this section is revoked, the holder must, upon request by an inspector, immediately deliver the revoked permit to the inspector.

Further powers under Orders declaring restricted or control areas

31 Further powers under Orders declaring restricted or control areas

(1) Without limiting the powers of the Minister under sections 26(1)(b) and 29(1)(b), an order declaring a restricted area or a control area may—

(a) restrict the purposes for which livestock, livestock products or fodder of a class or description specified in the order may be used;

S. 31(1)(b) amended by No. 48/2010 s. 27.

(b) require livestock (whether diseased or not), livestock products or fodder to be destroyed or disposed of in a manner specified in the order;

(c) require livestock, livestock products or fodder of a class or description specified in the order to be subject to treatment specified in the order or any other action specified in the order for the purpose of freeing them from disease;

(d) require livestock, livestock products, land, buildings, vehicles, fodder or fittings of a class or description specified in the order to be cleansed, disinfected or otherwise treated in the manner specified in the order;

(e) control the keeping, transport or management of livestock, livestock products, fittings and fodder of a class or description specified in the order;

(f) require livestock, livestock products, fodder, fittings and buildings to be identified in a manner specified in the order.

(2) An order may authorise an inspector to issue any directions to any person to do any of the things specified in subsection (1).

Division 3—Importation orders

Border security

32 Border security

(1) If the Minister reasonably suspects that any land, premises, place or area outside Victoria is infected with an exotic disease, the Minister may, by order, prohibit absolutely or impose conditions upon the entry or importation into Victoria of—

(a) livestock, livestock products, fodder or fittings identified by the order; and

(b) vehicles of a type usually used for the transportation of livestock, livestock products, fodder or fittings of a kind to which the order refers or of a type, or from a locality, identified by the order.

(2) Without limiting subsection (1), an order—

(a) may prohibit or restrict the entry or importation into Victoria of any description of livestock, livestock product, fodder, fittings or vehicles except at places specified in the order; and

(b) may specify tests or treatment to be applied to any description of livestock, livestock products, fodder, fittings and vehicles.

S. 33 amended by No. 35/2009 s. 87 (ILA s. 39B(1)).

Contravention of importation order

33 Contravention of importation order

S. 33(1) amended by No. 1/2024 s. 42(1).

(1) A person who causes, permits or assists any livestock, livestock product, fodder, fitting or vehicle to enter or be imported into Victoria, knowing that in doing so the person contravenes an importation order under section 32 is guilty of an offence and liable to a penalty not exceeding 1200 penalty units or imprisonment of 24 months or both.

S. 33(2) inserted by No. 35/2009 s. 87, amended by No. 1/2024 s. 42(2).

(2) A person who causes, permits or assists any livestock, livestock product, fodder, fitting or vehicle to enter or be imported into Victoria, where—

(a) that entry or importation contravenes an importation order under section 32; and

(b) that person is not liable for an offence under subsection (1) in respect of that contravention—

is guilty of an offence and liable to a penalty not exceeding 120 penalty units.

S. 34 (Heading) inserted by No. 49/2016 s. 9(1).

S. 34 amended by No. 49/2016 s. 9(2)

Publication of importation order

34 Publication of importation order

The Minister must ensure that an importation order under section 32 is published in full in the Government Gazette as soon as practicable after the making of the order.

Duration of importation order

35 Duration of importation order

S. 35(1) amended by No. 35/2009 s. 88.

(1) An importation order under section 32 remains in force for a period of 60 days or any shorter period that is specified in the order, unless sooner revoked.

S. 35(2) amended by No. 35/2009 s. 88.

(2) The Minister may from time to time, by notice published in the Government Gazette, extend the duration of an order for any period or periods not exceeding 60 days.

S. 35(3) inserted by No. 49/2016 s. 10.

(3) If the Minister extends an importation order by notice under subsection (2), the importation order must be published in full in the Government Gazette as an attachment to or accompanying the notice.

Div 4

Destruction orders

Division 4—Destruction orders

Destruction of buildings and vehicles

36 Destruction of buildings and vehicles

The Minister may, by order in writing, require the destruction of any premises (other than a dwelling) or vehicle which the Minister reasonably suspects to be infected with an exotic disease and which cannot be effectively disinfected.

Notice of destruction order

37 Notice of destruction order

A copy of a destruction order must be given before execution of the order to the owner or person in charge of the affected premises or vehicle unless—

(a) there appears to be no one immediately in control of it and the owner or person in charge cannot, after such search and inquiry as is reasonable in the circumstances, be located; and

(b) the Minister considers that, in the circumstances, the order must be carried out without prior notice to the owner or person in charge.

Enforcement of destruction order

38 Enforcement of destruction order

(1) A destruction order under section 36 may authorise an inspector to destroy or cause the destruction of any premises or vehicle that is specified in the order.

(2) The owner or person in charge of any premises or vehicle which is the subject of a destruction order must, on request by an inspector, give any assistance the inspector may reasonably require in carrying out the order.

(3) A person who fails or refuses to assist an inspector in accordance with subsection (2) is only guilty of an offence if it is proved that, at the material time, the person was informed by the inspector that failure or refusal to comply with the request constituted an offence.

Div 5

Exotic disease agents

Division 5—Exotic disease agents

Possession or administration of exotic disease agents

39 Possession or administration of exotic disease agents

S. 39(1) amended by No. 1/2024 s. 43.

(a) possess an exotic disease agent; or

(b) administer an exotic disease agent, or cause or permit the administration of an exotic disease agent, directly or indirectly, to any livestock; or

3000 penalty units or 90 months imprisonment or both.

(2) Subsection (1) does not apply to a person who has the authority of the Secretary to be in possession of an exotic disease agent and who is acting in accordance with the regulations.

S. 39(2A) inserted by No. 15/2022 s. 26.

(2A) Subsection (1) does not apply to a person who is acting in accordance with—

(a) a direction of the Chief Health Officer within the meaning of section 3(1) of the Public Health and Wellbeing Act 2008 given under that Act; or

(b) a request made by the Chief Health Officer under section 188A of that Act.

(3) In this section, exotic disease agent means any pathogen, agent or organism that is capable of causing an exotic disease in livestock.

Div 6

General

Division 6—General

Other powers and liabilities not affected

40 Other powers and liabilities not affected

Nothing in this Part in any way limits or affects—

(a) the powers of an inspector under this Act; or

(b) the liability of a person for an offence under any other provision of this Act.

Part 4

Provisions for particular livestock

Part 4—Provisions for particular livestock

Div 1

Pigs

Division 1—Pigs

S. 41 (Heading) inserted by No. 49/2016 s. 11(1).

Prohibitions relating to the feeding of pigs

41 Prohibitions relating to the feeding of pigs

S. 41(1) amended by Nos 35/2009 s. 89, 71/2014 s. 18.

S. 41(1)(a) amended by Nos 57/2003 s. 4(a), 48/2010 s. 28(1).

(a) store any material originating from a mammal or that has been in direct contact with material originating from a mammal at premises at which pigs are kept;

S. 41(1)(b) amended by Nos 57/2003 s. 4(a), 48/2010 s. 28(1).

(b) collect any material originating from a mammal or that has been in direct contact with material originating from a mammal for use for feeding to any pig;

S. 41(1)(c) amended by Nos 57/2003 s. 4(a)(b), 48/2010 s. 28(1)(2).

(c) feed or allow access to, any material originating from a mammal or that has been in direct contact with material originating from a mammal, to any pig; or

S. 41(1)(ca) inserted by No. 49/2016 s. 11(2).

(ca) allow or direct another person to feed, or allow access to, any material that originates from a mammal or that has been in direct contact with material originating from a mammal, to any pig; or

S. 41(1)(d) inserted by No. 57/2003 s. 4(c), amended by No. 48/2010 s. 28(1).

(d) supply to another person material that originates from a mammal or that has been in direct contact with material originating from a mammal that the person supplying the material knows is for use for feeding to any pig.

S. 41(2) amended by No. 49/2016 s. 11(3).

(2) Unless a declaration made by the Minister under section 41B is in force, subsection(1) does not apply to any material which is—

(a) the flesh, bones, blood or offal of mammals slaughtered at an abattoir or a knackery licensed under the Meat Industry Act 1993 which is fed to pigs at that abattoir or knackery with the approval of the Secretary;

(b) any material containing flesh, bones, blood or offal of mammal carcases which has been treated by a process approved in writing by the Secretary;

(c) the carcase of a mammal which has been slaughtered at premises for the purpose of feeding it to pigs at the same premises if the premises have been approved in writing by the Secretary;

S. 41(2)(d) substituted by No. 7/2007 s. 5.

(d) milk;

S. 41(2)(e) inserted by No. 7/2007 s. 5, substituted by No. 49/2016 s. 11(4).

(e) a milk product or milk by-product—

(i) from a dairy manufacturing business licensed under the Dairy Act 2000; or

(ii) from a dairy manufacturing business licensed under an Act of another State or a Territory that corresponds with the Dairy Act 2000; or

(iii) imported for stockfeed use into Australia in accordance with the Quarantine Act 1908 of the Commonwealth or the Biosecurity Act 2015 of the Commonwealth;

S. 41(2)(f) inserted by No. 49/2016 s. 11(4).

(f) material, being the carcase or part of the carcase of a pig that was born and raised on a property, if another pig on that property is administered that material for therapeutic purposes in accordance with written instructions of a veterinary practitioner registered under the Veterinary Practice Act 1997.

S. 41(3) inserted by No. 49/2016 s. 11(5).

(3) Unless a declaration made by the Minister under section 41B is in force, it is an exception to an offence under subsection (1)(c) if material originating from a mammal or that has been in direct contact with material originating from a mammal is fed to wild pigs in accordance with a permit under section 41A.

S. 41A inserted by No. 49/2016 s. 12.

41A

Secretary may issue permit

41A Secretary may issue permit

(1) The Secretary may issue a permit to a person authorising that person to feed material originating from a mammal or that has been in direct contact with material originating from a mammal to a wild pig, if the Secretary is satisfied that the feeding of the material is solely for the purposes of research into wild pigs or the baiting of wild pigs carried out by that person.

(2) The Secretary may impose any condition on a permit under subsection (1) that the Secretary considers appropriate.

(3) A permit under subsection (1) continues in force for the period specified in the permit by the Secretary unless sooner revoked by the Secretary.

(4) The Secretary may vary or revoke a permit under subsection (1) at any time by notice in writing given to the permit holder.

(5) A variation or revocation of a permit under subsection (4) takes effect when the notice is given to the permit holder.

(6) If a permit under subsection (1) is revoked by the Secretary, the permit holder must, if requested to do so by the Secretary, immediately return the permit to the Secretary or an inspector.

S. 41B inserted by No. 49/2016 s. 12.

41B

Minister may declare that offences apply to certain materials specified in section 41(2) and (3)

41B Minister may declare that offences apply to certain materials specified in section 41(2) and (3)

(1) The Minister may declare that any one or more of the paragraphs in section 41(1) apply to any one or more of the kinds of material specified in section 41(2) and (3) if the Minister believes on reasonable grounds that—

(a) there is an imminent threat of the introduction into Victoria of a disease which affects livestock; and

(b) use of the kind or kinds of material specified in the declaration is the cause of the threat or likely to increase the risk of the threat occurring; and

(2) The declaration must—

(a) state the grounds on which the Minister has made the declaration; and

(b) specify each paragraph of section 41(1) that must be complied with; and

(3) A declaration under this section must be published—

(a) in the Government Gazette; and

S. 41B(3)(b) substituted by No. 1/2024 s. 27.

(b) on an approved alternative publication Internet site or an Internet site maintained by the Department.

S. 41B(3)(c) substituted by No. 22/2022 s. 111, repealed by No. 1/2024 s. 27.

(4) A declaration under this section takes effect from the later of—

(a) the date of publication of the declaration in the Government Gazette; or

(b) any date specified in the declaration.

(5) The Minister must revoke a declaration under this section if the Minister no longer holds the belief on reasonable grounds that—

(a) there is an imminent threat of the introduction into Victoria of a disease which affects livestock; and

(b) use of the kind or kinds of material specified in the declaration is the cause of the threat or likely to increase the risk of the threat occurring; and

(6) The revocation of a declaration under this section must be published in accordance with the same requirements for publication of the declaration under subsection (3).

Division 2—Sewage farm cattle and pigs

S. 42 substituted by No. 22/2022 s. 112.

Definitions and application

42 Definitions and application

(1) In this Division—

biosolids means stabilised organic solids derived from the treatment of sewage;

exposed cattle or pigs means cattle or pigs that are or have been—

(a) on land used for depositing or spreading sewage or sewage treatment products, whether intentionally or not, other than as permitted by section 43(3); or

(b) fed with any pasture or crops grown on land on which sewage or sewage treatment products have been deposited or spread, whether intentionally or not, other than in accordance with the Secretary's approval under section 43(2) or as permitted by section 43(3); or

(c) provided with, or given access to, recycled water obtained from a water corporation, other than as permitted by section 43(3A);

recycled water means water derived from sewage or trade waste that has been treated for the purposes of reuse;

sewage means any human excreta or domestic waterborne waste, whether untreated or partially treated, but does not include trade waste;

sewage treatment products means biosolids or recycled water;

sewerage district has the same meaning as in the Water Act 1989;

trade waste means—

(a) any waterborne waste (other than sewage) which is suitable, according to the criteria of a water corporation, for discharge into the water corporation's sewerage system; or

(b) any other matter that is prescribed by regulations made under the Water Act 1989 to be trade waste; or

water corporation has the same meaning as in the Water Act 1989.

(2) The Minister, by Order published in the Government Gazette, may approve a standard of purification for sewage and sewage treatment products.

(3) Nothing in this Division applies to sewage or sewage treatment products that have been purified to an approved standard in effect under subsection (2).

No cattle or pigs on sewage land

43 No cattle or pigs on sewage land

S. 43(1) amended by Nos 35/2009 s. 89, 22/2022 s. 113(a).

(1) The owner or occupier of any land used for depositing or spreading sewage or sewage treatment products must not permit, suffer or allow any cattle or pigs to graze on or be upon that land.

S. 43(2) amended by Nos 89/2001 s. 11(1), 35/2009 s. 89, 22/2022 s. 113(b).

(2) A person must not permit, suffer or allow any cattle or pig to be fed with any pasture or crops grown on land on which sewage or sewage treatment products have been deposited or spread except in accordance with the approval of the Secretary and the conditions (if any) attached to that approval.

S. 43(2A) inserted by No. 60/2012 s. 19(1), amended by No. 22/2022 s. 113(c).

(2A) The owner of cattle or pigs must not permit, suffer or allow the cattle or pigs to be provided with, or given access to, recycled water obtained from a water corporation.

S. 43(3) amended by No. 22/2022 s. 113(c).

(3) Subsections (1) and (2) do not apply to a water corporation which permits, suffers or allows any cattle to graze on land, or to be fed with pasture or crops grown on land, owned or occupied by the water corporation.

S. 43(3A) inserted by No. 60/2012 s. 19(2), amended by No. 22/2022 s. 113(c).

(3A) Subsection (2A) does not apply to a water corporation which permits, suffers or allows any cattle on land owned or occupied by the water corporation to be provided with, or given access to, recycled water obtained from the water corporation.

S. 43(4) amended by No. 60/2012 s. 19(3)(c).

(4) Any cattle or pig, may for the purposes of this Act, be reasonably suspected of being infected with a disease if the cattle or pig—

S. 43(4)(a) amended by No. 22/2022 s. 113(d)(i).

(a) has been allowed to graze on or be on land on which sewage or sewage treatment products have been deposited or spread; or

S. 43(4)(b) amended by No. 60/2012 s. 19(3)(a).

(b) has been fed with any pasture or crops grown on that land; or

S. 43(4)(c) inserted by No. 60/2012 s. 19(3)(b), amended by No. 22/2022 s. 133(d)(ii).

contrary to subsection (1), (2) or (2A).

S. 43(5) inserted by No. 89/2001 s. 11(2).

(5) The Secretary may grant an approval for the purposes of subsection (2) if satisfied that the feeding of the crops or pasture is unlikely to lead to the transmission of disease from the livestock to humans and may impose any conditions on that approval.

S. 43(6) inserted by No. 89/2001 s. 11(2).

(6) The Secretary must have regard to the following matters before granting an approval under subsection (2)—

(a) the purpose or intended use of the cattle or pigs to be fed the pasture or crops; and

(b) whether the cattle or pigs will be tagged, marked, branded or identified in accordance with this Act before being moved from the place where they were fed the pasture or crops; and

(d) the measures taken, or to be taken, to limit the exposure of the cattle or pigs to infection by zoonotic organisms.

S. 43(7) inserted by No. 60/2012 s. 19(4), repealed by No. 22/2022 s. 113(e).

S. 44 (Heading) inserted by No. 22/2022 s. 114(1).

Water corporation may graze cattle

44 Water corporation may graze cattle

S. 44(1) amended by No. 22/2022 s. 114(2)(a)(b).

(1) A water corporation which permits, suffers or allows any cattle which are grazing on or are upon any land used by the water corporation for depositing or spreading sewage or sewage treatment products must not allow those cattle to be removed from that land unless the cattle—

S. 44(1)(a) amended by No. 22/2022 s. 114(2)(c).

(a) have been immunised in the manner approved by the Secretary against the disease Cysticercus bovis; or

(b) are immediately after being removed, destroyed or disposed of otherwise than for human consumption; or

S. 44(1)(c) amended by No. 89/2001 s. 12(1).

(c) are removed for immediate slaughter at an abattoir licensed under the Meat Industry Act 1993 in accordance with the approval of the Secretary and the conditions (if any) attached to that approval; or

S. 44(1)(d) amended by No. 22/2022 s. 114(2)(a)(b).

(d) have remained on the land or other land used by the water corporation for depositing or spreading sewage or sewage treatment products from birth until attaining the age of 18 months; or

S. 44(1)(e) amended by No. 22/2022 s. 114(2)(a).

(e) are removed to land owned by the water corporation or another water corporation.

S. 44(2) substituted by No. 22/2022 s. 114(3).

(2) A water corporation referred to in subsection (1) must notify the Secretary in writing of any land under the control of that corporation where sewage or sewage treatment products are deposited or spread and cattle are grazed or kept on the land.

S. 44(3) inserted by No. 89/2001 s. 12(2).

(3) The Secretary may grant an approval for the purposes of subsection (1)(c) if satisfied that the removal of the cattle for immediate slaughter at an abattoir is unlikely to lead to the transmission of disease from the cattle to humans and may impose any conditions on that approval.

S. 44(4) inserted by No. 89/2001 s. 12(2).

(4) The Secretary must have regard to the following matters before granting an approval under subsection (3)—

(a) whether the cattle have been or will be tagged, marked, branded or identified in accordance with this Act before being moved from the place where they were grazing; and

(b) the measures taken, or to be taken, to limit the cattle's exposure to infection by zoonotic organisms.

S. 44A inserted by No. 22/2022 s. 115.

44A

Notification in relation to exposed cattle or pigs

44A Notification in relation to exposed cattle or pigs

(1) The owner of relevant land in relation to exposed cattle or pigs must notify the Secretary in accordance with subsection (2).

(2) The notification—

(a) must be made in the prescribed manner and within the prescribed period; and

(b) must contain or be accompanied by the prescribed information (if any).

(3) The Secretary may disclose any information contained in or accompanying a notification under subsection (1) to either or both of the following bodies, if the Secretary is satisfied that the information is relevant to the functions of the body—

(a) the Environment Protection Authority;

(b) the water corporation of the sewerage district in which the relevant land is located.

(4) In this section—

relevant land, in relation to exposed cattle or pigs, means the land referred to in paragraph (a) or (b) of the definition of exposed cattle or pigs in section 42 (as the case may be).

S. 44B inserted by No. 22/2022 s. 115.

44B

Offence to sell exposed cattle or pigs

44B Offence to sell exposed cattle or pigs

(1) The owner of exposed cattle or pigs must not, without the approval of the Secretary under subsection (2)—

(a) send any of those cattle or pigs for slaughter; or

(b) sell any of those cattle or pigs, by auction or otherwise.

(2) The Secretary may grant an approval for the purposes of subsection (1) and may impose any conditions on that approval.

(3) The Secretary must have regard to the following matters before granting an approval under subsection (2)—

(a) the purpose or intended use of the exposed cattle or pigs;

(b) whether the exposed cattle or pigs will be tagged, marked, branded or identified in accordance with this Act before being moved to another place;

(d) the measures taken, or to be taken, to limit the exposure of the exposed cattle or pigs to infection by zoonotic organisms.

(4) The owner of exposed cattle or pigs must comply with any conditions imposed on an approval of the Secretary under subsection (2).

Division 3—Dairying animals

Prohibition of use of cow, goat, sheep or buffalo for dairying

45 Prohibition of use of cow, goat, sheep or buffalo for dairying

S. 45(1) amended by No. 37/2000 s. 70(a)(b).

(1) If an inspector is of the opinion that any dairy food produced or prepared for sale from any cow, goat, sheep or buffalo would be deleterious to the health of human beings or unfit for human consumption, the inspector may—

S. 45(1)(a) amended by No. 37/2000 s. 70(a)(b).

(a) by a written notice given to the dairy farmer upon whose dairy farm the cow, goat, sheep or buffalo is kept prohibit the use of the cow, goat, sheep or buffalo for the production or preparation of any dairy food for sale for a period not exceeding 14 days; and

S. 45(1)(b) amended by No. 37/2000 s. 70(b).

(b) brand the cow, goat, sheep or buffalo or cause the cow, goat, sheep or buffalo to be branded with a brand which is not of a permanent character in the prescribed manner.

S. 45(2) amended by No. 37/2000 s. 70(b).

(2) An inspector may after examining a cow, goat, sheep or buffalo the use of which is prohibited under subsection (1)—

S. 45(2)(a) amended by No. 37/2000 s. 70(a)(b).

(a) by a written notice given to the dairy farmer upon whose dairy farm the cow, goat, sheep or buffalo is kept prohibit permanently the use of the cow, goat, sheep or buffalo for the production or preparation of any dairy food for sale; and

S. 45(2)(b) amended by No. 37/2000 s. 70(b).

(b) brand the cow, goat, sheep or buffalo or cause the cow, goat, sheep or buffalo to be branded with a brand which is of a permanent character in the prescribed manner.

S. 45(3) amended by No. 37/2000 s. 70(a)(b).

(3) A dairy farmer who is given a written notice under subsection (1) or (2) must prevent the use of the cow, goat, sheep or buffalo to which the notice relates for the production or preparation of any dairy food for sale whilst the notice remains in force.

S. 45(4) amended by No. 37/2000 s. 70(a)(b).

(4) A person must not use or permit the use of a cow, goat, sheep or buffalo to which a written notice under subsection (1) or (2) relates for the production or preparation of any dairy food for sale whilst the notice remains in force.

Pt 4 Div. 4 (Heading and ss 46, 47) amended by No. 58/1997 s. 96(Sch. item 6.3), repealed by No. 35/2009 s. 90.

Division 5—Bees

Registration of beekeepers

48 Registration of beekeepers

S. 48(1) amended by Nos 73/1996 s. 36(1), 35/2009 s. 91, 22/2022 s. 116(1).

(1) Subject to subsection (5), a person must not keep bees, whether or not that person is the owner of the bees, unless the person is registered as a beekeeper under this Act.

S. 48(2) substituted by No. 22/2022 s. 116(2).

(2) The fee for an application for registration or renewal of registration is the fee fixed by the Minister.

See Division 1 of Part 7 for the procedure for grant or renewal of registration.

(3) The Secretary must allot a brand to each person registered as a beekeeper.

(4) The Secretary must issue to each person registered as a beekeeper a certificate of registration or renewal of registration, showing the beekeeper's registered brand.

S. 48(4A) inserted by No. 60/2012 s. 20, amended by Nos 71/2014 s. 19, 22/2022 s. 116(3).

(4A) A registration or renewal of registration granted under this section remains in force for a period of 2 years from the date that it was granted or renewed unless sooner cancelled under section 100.

S. 48(5) inserted by No. 73/1996 s. 36(2), substituted by No. 22/2022 s. 116(4).

(5) Subsection (1) does not apply to a person who is registered as a beekeeper under a corresponding provision of an Act of another State or a Territory if—

(a) the period during which the person keeps bees in Victoria does not exceed 3 months; and

(b) the person ensures that all of the person's hives are marked or branded with the mark or brand issued to the person in the State or Territory where the person is registered as a beekeeper.

S. 49 (Heading) inserted by No. 71/2014 s. 20(1).

S. 49 amended by Nos 60/2012 s. 21, 71/2014 s. 20(2)(b).

Biennial fees

49 Biennial fees

A registered beekeeper must—

(a) not later than 7 days after the date of issue of the certificate of registration or of renewal of registration; and

S. 49(b) amended by No. 71/2014 s. 20(2)(a).

(b) not later than 7 days after every second anniversary of that date—

pay to the Secretary the biennial fee fixed by the Minister (if any) for registered beekeepers.

S. 49A inserted by No. 60/2012 s. 22, repealed by No. 22/2022 s. 117.

Hives to be marked with registered brand

50 Hives to be marked with registered brand

(1) A registered beekeeper must not have in his or her possession or under his or her control a hive which is not marked or branded with his or her registered brand in the prescribed manner.

(2) Nothing in subsection (1) applies to a registered beekeeper who has in his or her possession or control a hive which is not owned by the beekeeper and which is marked or branded with the registered brand of another registered beekeeper if the beekeeper has the hive in his or her possession or control with the authority of that other registered beekeeper.

Disposal and acquisition of hives

51 Disposal and acquisition of hives

S. 51(1) amended by No. 35/2009 s. 92.

(1) A beekeeper must, within 7 days after disposing of any hive, give to the Secretary notice in writing in the prescribed form of the disposal.

S. 51(2) amended by No. 35/2009 s. 92.

(2) A person who acquires any beehive must, within 28 days of acquiring the hive, cancel the registered brand of the previous owner and substitute his or her own brand.

Exposure of bees to infected articles etc.

52 Exposure of bees to infected articles etc.

S. 52(1) substituted by No. 1/2024 s. 44.

(1) A person must not expose any hive infected with disease in any manner that will allow access by bees to the hive unless the hive has been disinfected.

S. 52(1A) inserted by No. 1/2024 s. 44.

(1A) A person must not expose any beeswax, fittings or other articles which are infected with disease or have been taken from or used in conjunction with any hive infected with disease in any manner that will allow access by bees to the articles unless the articles have been disinfected.

(2) A person must not expose or extract any honey which is infected with disease in any manner which will allow access to the honey by bees.

S. 52(3) inserted by No. 60/2012 s. 23.

(3) A person must not expose any pollen collected from bees, which is infected with disease, in any manner that will allow bees to access the pollen.

Access of bees to honey etc.

53 Access of bees to honey etc.

A beekeeper must take all reasonable precautions to ensure that any honey, honeycomb, fittings or other article on or in which honey is deposited and which is in the person's possession or under the person's control does not remain exposed in such a manner or under such conditions that would provide bees with access to the honey.

Division 6—Artificially bred livestock

S. 54 substituted by No. 35/2009 s. 93.

Application of Division

54 Application of Division

This Division only applies to livestock or livestock of a class of livestock declared by order of the Governor in Council to be livestock or livestock of a class to which this Division applies.

Sale of semen prohibited except from approved sires

55 Sale of semen prohibited except from approved sires

(1) A person must not sell semen from any sire unless, at the time the semen was collected, the sire was a sire approved by the Secretary.

(2) The Secretary must approve a sire for collection of semen for sale if the Secretary is satisfied that the sire is free from disease.

(3) If the Secretary is satisfied that a sire is no longer suitable to be approved as a sire, the Secretary may cancel the approval of that sire.

(4) A person who sells any semen must keep the prescribed records in the prescribed manner.

(5) If a person is aggrieved by a decision of the Secretary not to approve a sire or to cancel the approval of a sire, the person may within 14 days of being notified of the decision appeal to the Minister.

Sale of diseased semen prohibited

56 Sale of diseased semen prohibited

A person must not sell any semen if the person knows or suspects or has reasonable cause to know the semen is diseased.

Premises for collection of semen to be licensed

57 Premises for collection of semen to be licensed

A person must not use any premises for the collection of any semen for sale unless the person holds a licence issued by the Secretary in respect of those premises.

Training courses about artificial breeding

58 Training courses about artificial breeding

A person must not conduct a course of training for persons to use semen for the purposes of artificial breeding unless the course and the person or body delivering the course have been approved by the Secretary.

Part 5—Compensation

Division 1—Exotic diseases compensation

59 Exotic Diseases Fund

(1) There is to be established in the Public Account, as part of the Trust Fund an account to be known as the Exotic Diseases Fund.

(2) There shall be paid to the Exotic Diseases Fund—

(a) all money payable to Victoria by the Commonwealth or another State or Territory under any arrangement made between Victoria, the Commonwealth and another State or Territory for the prevention, control and eradication of any exotic disease;

(b) the proceeds of the sale of stores and equipment obtained for the purpose of dealing with exotic diseases;

(d) all money available for the purposes of this Part;

(e) all interest on money in the Fund.

S. 59(3) amended by No. 104/1995 s. 6(Sch. 1 item 15(a)).

(3) Money in the Fund may be invested in any manner in which money may be invested under the Trustee Act 1958 or any other manner that the appropriate Minister approves.

S. 60 amended by No. 22/2022 s. 118(2) (ILA s. 39B(1)).

Payment out of Fund

60 Payment out of Fund

(1) Amounts may be paid out of the Fund for the payment of—

S. 60(1)(a) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 116.1), 35/2009 s. 94.

(a) all expenses directly connected with the control and eradication of any outbreak of exotic disease, except the remuneration for normal hours of work payable to employees who are or would be employed in the public service under Part 3 of the Public Administration Act 2004 irrespective of the outbreak; and

S. 60(1)(ab) inserted by No. 22/2022 s. 118(1).

(ab) subject to subsection (2), all expenses directly connected with activities associated with ensuring the welfare of domestic livestock that are affected by the eradication or control of any outbreak of an exotic disease; and

(b) compensation payable under this Division and all costs and expenses incidental to determining the compensation payable.

S. 60(2) inserted by No. 22/2022 s. 118(2).

(2) Expenses referred to in subsection (1)(ab) do not include remuneration for the ordinary hours of work of a person who is or would be employed under Part 3 of the Public Administration Act 2004 irrespective of the relevant outbreak.

Compensatable exotic diseases

61 Compensatable exotic diseases

(1) Compensation is only payable under this Division in respect of a disease which is declared by Order of the Governor in Council to be a compensatable exotic disease;

(2) A reference in this Division to an exotic disease is a reference to an exotic disease referred to in subsection (1).

S. 62 substituted by No. 1/2024 s. 6.

Payment of compensation

62 Payment of compensation

Compensation is payable to an owner if the Minister is reasonably satisfied that the owner has had—

(a) any domestic livestock, premises, livestock product, fodder, fittings or vehicle destroyed under this Act for the purpose of controlling, eradicating or preventing the spread of an exotic disease; or

(b) any domestic livestock certified by an inspector as having died of an exotic disease.

Amount of compensation

63 Amount of compensation

S. 63(1) amended by No. 1/2024 s. 7(1).

(1) Subject to section 64, the amount of compensation payable in respect of any premises, livestock product, fodder, fitting or vehicle is the market value of the premises, livestock product, fodder, fittings or vehicle at the time of destruction.

S. 63(2) amended by No. 58/1997 s. 96(Sch. item 6.4), substituted by No. 1/2024 s. 7(2).

(2) Subject to section 64, the amount of compensation payable to an owner of livestock that died or was destroyed as a result of an exotic disease is the market value of the livestock at whichever is the earlier of the following times at which—

(a) the owner consulted a veterinary practitioner about the diseased livestock;

(b) the owner notified an inspector of the exotic disease under section 7;

(d) the Secretary was notified that the livestock was affected by or died of the exotic disease.

S. 64 substituted by No. 1/2024 s. 8.

Reduction in compensation payable under section 63

64 Reduction in compensation payable under section 63

(1) The Minister may decide that the whole of the compensation otherwise payable under section 63 be reduced or not be paid, in respect of a claim lodged by the owner of any livestock, premises, livestock product, fodder, fittings or vehicle that has been destroyed, or any livestock that have died, as a result of an outbreak of an exotic disease.

(2) In making a decision under subsection (1), the Minister must take into account the following factors—

(a) whether the owner, or any person acting at the direction or on the authority or on behalf of the owner, has contravened this Act or any regulations made under this Act or any prescribed Act of the Commonwealth or of a State or a Territory of the Commonwealth or regulations made under any such Act, which has caused or contributed to—

(i) the spread of the exotic disease; or

(ii) the destruction or death of any domestic livestock in respect of which the claim is lodged; or

(iii) the destruction of any premises, livestock product, fodder, fittings or vehicle in respect of which the claim is lodged;

(b) whether the owner, or any person acting at the direction or on the authority or on behalf of the owner, has intentionally, recklessly or negligently caused or contributed to any of the matters referred to in paragraph (a)(i) to (iii);

(c) whether the owner is indemnified under a contract of insurance for the losses referred to in the claim for compensation under this Division;

(d) whether the affected livestock, livestock product, fodder, fittings or vehicle or any livestock infected with the exotic disease were kept at a premises before their death or destruction in contravention of this Act or any regulations made under this Act;

(e) whether any of the losses in the claim for compensation are false or misleading;

(f) any prescribed factors.

(3) If the Minister makes a decision under subsection (1) that the whole of the compensation otherwise payable under section 63 be reduced or not be paid to an owner in respect of a claim, the Minister must serve a written notice of that decision on the owner that includes—

(a) that the whole of the compensation payable under section 63 in respect of the claim will be reduced or not be paid (as the case requires) and the amount (if any) of the compensation that will be paid; and

(b) the reasons for the decision to reduce the whole of the compensation or to not pay it; and

S. 64A inserted by No. 1/2024 s. 9.

64A

Payment of further compensation for restocking of livestock

64A Payment of further compensation for restocking of livestock

(1) Subject to subsection (5), the Secretary may approve a claim for a further amount of compensation payable for the purchase of livestock to replace livestock that died or were destroyed because of an outbreak of an exotic disease for which compensation under section 63(2) was paid (the replacement livestock).

(2) The maximum amount of compensation that may be paid under this section is the difference between the amount of compensation paid under section 63(2) and the cost of purchasing the replacement livestock, if that cost is greater than the amount paid under section 63(2).

(3) For the purposes of subsection (2), the Secretary may determine that replacement livestock may be livestock that were or will be purchased at either or both of the following times—

(a) at a time during which restrictions on the movement of livestock under Part 3 due to the outbreak of the exotic disease are in force;

(b) at a time after which those restrictions are no longer in force.

(4) In deciding whether to approve a claim under subsection (1) the Secretary must have regard to—

(a) whether the replacement livestock are similar or equivalent to the livestock that died or were destroyed as the result of the outbreak of the exotic disease; and

(b) whether the claimant has provided evidence that the replacement livestock have or will be purchased.

(5) The Secretary may not approve a claim by an owner for further compensation under subsection (1) if—

(a) the Minister has decided under section 64 that all or part of the compensation otherwise payable under section 63 is not payable to the owner for losses incurred as a result of an outbreak of the exotic disease; and

(b) the claim for further compensation is in respect of livestock that died or were destroyed because of that outbreak of exotic disease.

S. 65 substituted by No. 52/1998 s. 311(Sch. 1 item 53.1).

Review by Victorian Civil and Administrative Tribunal

65 Review by Victorian Civil and Administrative Tribunal

S. 65(1) amended by No. 1/2024 s. 10(a).

(1) An owner may apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Minister under section 64 that compensation or part of it not be paid to the owner.

(2) An application for review must be made within 28 days after the later of—

S. 65(2)(a) amended by No. 1/2024 s. 10(b).

(a) the day on which the notice of the decision is served;

S. 65(2)(b) amended by No. 1/2024 s. 10(a).

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the owner requests a statement of reasons for the decision, the day on which the statement of reasons is given to the owner or the owner is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 65A inserted by No. 1/2024 s. 11.

65A

Minister may decide that compensation be repaid

65A Minister may decide that compensation be repaid

(1) The Minister may decide that the whole or any part of an amount of compensation paid to an owner be repaid by that owner if—

(a) the Minister considers that the decision to pay the compensation was made in error; or

(b) the Minister considers that the decision to pay the compensation was based on false or misleading information provided by the owner when making the claim for the compensation; or

(2) If the Minister makes a decision for an amount of compensation to be repaid under subsection (1), the Minister must decide on a reasonable day before or on which the amount of compensation is to be repaid (the due date).

(3) If the owner does not pay the whole of the amount of the compensation to be repaid before or on the due date, the owner will be liable to pay interest on the amount of the compensation not repaid.

(4) Interest referred to in subsection (3) will be calculated on a daily basis from the end of the due date until the amount of compensation is repaid in full at the interest rate that applies from time to time under Division 1 of Part 5 of the Taxation Administration Act 1997.

(5) The Minister may enter into an arrangement (which may include provision for the payment of interest) for the payment by instalments of the amount of compensation to be repaid that is outstanding at the time of entering into the arrangement.

(6) The Minister may recover an amount of compensation that has not been repaid by the due date as a debt due to the State and may issue proceedings in a court of competent jurisdiction no later than 5 years after the compensation referred to in subsection (1) was paid to the owner.

owner means a person who is paid compensation under this Division.

S. 65B inserted by No. 1/2024 s. 11.

65B

Minister must serve a notice on the owner about compensation to be repaid

65B Minister must serve a notice on the owner about compensation to be repaid

On making a decision under section 65A(1), the Minister must serve a written notice on the owner that includes the following information—

(a) the amount of compensation referred to in section 65A(1) that was originally paid to the owner and the date on which that compensation was paid;

(b) the amount of that compensation to be repaid by the owner;

(d) if the amount of compensation to be repaid is not repaid in full before or on the due date, that interest will be calculated on a daily basis from the end of the due date until the amount of compensation is repaid in full;

(e) that the rate of the interest referred to in paragraph (d) will be at the interest rate that applies from time to time under Division 1 of Part 5 of the Taxation Administration Act 1997;

(f) that the Minister may enter into an arrangement with the owner to repay the amount of compensation by way of instalments;

(g) the reasons that formed the basis of the Minister's decision for the amount of compensation to be repaid;

(h) that the owner has 28 days after being served with the notice within which to respond to the Minister setting out the reasons why the owner should not have to repay all or any of the amount of compensation.

S. 65C inserted by No. 1/2024 s. 11.

65C

Owner may respond to Minister after receiving a notice to repay compensation under section 65B

65C Owner may respond to Minister after receiving a notice to repay compensation under section 65B

An owner, after having been served with a notice under section 65B to repay compensation, may respond to the Minister in writing within 28 days after being served with the notice setting out the reasons why the owner should not have to repay all or any of the amount of compensation.

S. 65D inserted by No. 1/2024 s. 11.

65D

Minister must consider an owner's response to a notice

65D Minister must consider an owner's response to a notice

(1) The Minister must consider a response received from an owner under section 65C.

(2) After considering a response under subsection (1), the Minister may decide—

(a) to confirm the amount of compensation to be repaid by the owner; or

(b) to reduce the amount of compensation to be repaid by the owner; or

(3) On making a decision under subsection (2)(a) or (b), the Minister must serve a written notice on the owner that contains all the information required in a notice under section 65B, except the information in paragraphs (g) and (h) of that section.

(4) On making a decision under subsection (2)(c), the Minister must serve a written notice on the owner confirming that the whole of the liability of the owner to repay the amount of compensation has been written off.

(5) An owner may apply to VCAT for review of the decision of the Minister under subsection (2)(a) or (b) to require an amount of compensation be repaid by the owner within 28 days after the later of—

(a) the day on which a notice under subsection (3) is served;

S. 65E inserted by No. 1/2024 s. 11.

65E

Minister may write off liability of owner to repay compensation

65E Minister may write off liability of owner to repay compensation

(1) The Minister may at any time write off the whole or part of any outstanding liability of an owner under section 65A, if the Minister is satisfied that any further action to recover the amount of compensation is impracticable or unwarranted.

(2) If the Minister writes off the whole of any outstanding liability of an owner under subsection (1), the Minister must serve a written notice on the owner notifying the owner that the whole of the liability of the owner to pay the amount of compensation has been written off.

(3) If the Minister writes off part of any outstanding liability of an owner under subsection (1), the Minister must serve a written notice on the owner—

(a) notifying the owner that part of the liability of the owner to pay the amount of compensation has been written off; and

(b) containing all the information required in a notice under section 65B, except the information in paragraphs (g) and (h) of that section.

Division 2—Bees compensation

S. 66 (Heading) inserted by No. 48/2010 s. 29(1).

Honey Bee Compensation and Industry Development Fund

66 Honey Bee Compensation and Industry Development Fund

S. 66(1) substituted by No. 48/2010 s. 29(2).

(1) There is to be established in the Public Account, as part of the Trust Fund, an account known as the Honey Bee Compensation and Industry Development Fund.

(a) 50% of the registration fees paid under section 48;

(b) all annual fees paid under section 49;

S. 66(3) amended by No. 104/1995 s. 6(Sch. 1 item 15(b)).

(3) Money in the Fund may be invested in any manner in which money may be invested under the Trustee Act 1958 or any other manner that the appropriate Minister approves.

Payments out of the Fund

67 Payments out of the Fund

S. 67(1) amended by No. 48/2010 s. 30(1).

(1) The Honey Bee Compensation and Industry Development Fund is to be applied to the payment of compensation payable under this Division and all costs and expenses incidental to determining the compensation payable.

S. 67(2) amended by No. 73/1996 s. 37(1), substituted by No. 48/2010 s. 30(2).

(2) The Minister may make payments—

(a) for administering the provisions of this Act relating to bees, from the capital of the Fund derived from registration fees paid under section 48;

(b) for programs and projects for the improvement and development of the apicultural industry in Victoria, from the following—

(i) the capital of the Fund derived from registration fees paid under section 48 that at any time exceeds $300 000; and

(ii) the capital of the Fund derived from annual fees paid under section 49; and

(iii) the interest earned on any money in the Fund.

S. 67(3) amended by No. 73/1996 s. 37(2).

(3) The Minister must not make a payment under subsection (2) unless the Minister has considered any relevant recommendations from the Apicultural Industry Advisory Committee.

S. 67(4) inserted by No. 22/2022 s. 119.

(4) A reference in subsection (2)(a) to payments for administering the provisions of this Act relating to bees includes payment of—

(b) costs incurred in appointing persons to the Apicultural Industry Advisory Committee; and

(d) costs incurred in the provision of secretarial support to the Apicultural Industry Advisory Committee.

Compensatable disease

68 Compensatable disease

(1) Compensation is only payable under this Division in respect of a disease which is declared by Order of the Governor in Council to be a compensatable disease in respect of bees.

(2) A reference in this Division to disease is a reference to a disease which has been declared under subsection (1) to be a compensatable disease in respect of bees.

Compensation

69 Compensation

S. 69(1) amended by No. 73/1996 s. 38(1).

(1) Compensation is payable to—

(a) the owner of bees destroyed by, or by order of, an inspector because of the presence of disease;

(b) the owner of hives, livestock products of bees, fittings or other articles which are destroyed or disinfected by order of an inspector in order to prevent the spread of disease—

in circumstances determined by Order of the Governor in Council.

(2) Compensation is not payable under this Division—

(a) in respect of bees, livestock products of bees, fittings or other articles which at the time a direction for destruction or disinfection was given were not kept by or were not in the possession of a beekeeper registered under section 48;

(b) if the beekeeper has failed to notify the presence of any visible disease which necessitated the destruction or disinfection.

(3) The amount of compensation payable—

S. 69(3)(a) amended by No. 73/1996 s. 38(2)(a).

(a) in the case of the destruction of a queen bee, may be for the whole of the value of the bee at the time of destruction; and

S. 69(3)(b) amended by Nos 73/1996 s. 38(2)(a), 83/1998 s. 12(a).

(b) in the case of destruction of any other bee or livestock product of bees or fittings, must not be more than two thirds of the value of the bees, livestock product or fittings at the time of their destruction; and

S. 69(3)(c) amended by No. 73/1996 s. 38(2)(a).

S. 69(3)(d) amended by No. 73/1996 s. 38(2)(a).

(d) must not in respect of any claim by one owner exceed $5000; and

S. 69(3)(e) inserted by No. 73/1996 s. 38(2)(b).

(e) in the case of the destruction or disinfection of any bees, livestock, product of bees, fitting or other article must not exceed the maximum amount of compensation payable for that destruction or disinfection determined by Order of the Governor in Council.

Apicultural Industry Advisory Committee

70 Apicultural Industry Advisory Committee

(1) There is established by this Act a committee to be known as the Apicultural Industry Advisory Committee.

(a) diseases in respect of which compensation should be payable under this Division;

S. 70(2)(ab) inserted by No. 73/1996 s. 38(3).

(ab) the circumstances in which compensation should be payable under this Division;

S. 70(2)(ac) inserted by No. 73/1996 s. 38(3).

(ac) the maximum amount of compensation which should be payable under this Division for the destruction or disinfection of bees, livestock products of bees, fittings or other articles;

(b) the maximum amount of compensation payable in respect of any claim by one owner;

(d) payments which should be made under section 67(2);

(e) any other matter referred to the Committee by the Minister.

S. 70(3) amended by No. 71/2014 s. 21, substituted by No. 22/2022 s. 120(1).

(3) The Committee consists of a maximum of 9 members appointed by the Minister after considering any recommendations of the Secretary and having regard to each appointee's experience in one or more of the following areas—

(a) the apicultural and allied industries;

S. 70(4)(5) repealed by No. 22/2022 s. 120(2).

Division 3—Cattle compensation

Cattle Compensation Fund

71 Cattle Compensation Fund

(1) There is continued in the Public Account, as part of the Trust Fund, the account known as the Cattle Compensation Fund.

(2) There is to be paid into the Fund—

S. 71(2)(a) amended by No. 84/2008 s. 24.

(a) all money received by or for the Commissioner of State Revenue as duty on statements and approved agents' returns relating to the sale of cattle or calves or the carcases of cattle under the Duties Act 2000;

S. 71(2)(ab) inserted by No. 69/2011 s. 42.

(ab) all money received by or for the Commissioner of State Revenue as interest or penalty tax in respect of the whole or part of duty on statements and approved agents' returns relating to the sale of cattle or calves or the carcases of cattle under the Duties Act 2000;

(b) the amounts of residual value of cattle received under section 78 in respect of which compensation is paid;

(d) all penalties recovered under section 91 relating to offences with respect to cattle;

(e) all interest earned on money in the Fund.

S. 71(3) amended by No. 104/1995 s. 6(Sch. 1 item 15(c)).

(3) Money in the Fund may be invested in any manner in which money may be invested under the Trustee Act 1958 or any other manner that the appropriate Minister approves.

Payments out of the Fund

72 Payments out of the Fund

(1) The Cattle Compensation Fund is to be applied—

(b) to the payment, in accordance with this Division, of costs incurred in connection with the transporting and destroying of any cattle if the carcase of the cattle is condemned as unfit for human consumption or if the cattle are ordered to be destroyed but die before being destroyed.

S. 72(2) amended by Nos 73/1996 s. 37(1), 40/2019 s. 55(a).

S. 72(2)(a) amended by Nos 73/1996 s. 39, 40/2019 s. 55(b).

(a) administering the provisions of this Act relating to cattle or of any other Act administered by the Minister that requires the identification of cattle;

S. 72(2)(b) amended by No. 40/2019 s. 55(c).

(b) programs and projects for the benefit of the cattle industry in Victoria.

S. 72(3) amended by No. 73/1996 s. 37(2).

(3) The Minister must not make a payment under subsection (2) unless the Minister has considered any relevant recommendations from the Cattle Compensation Advisory Committee.

(4) If the Fund is insufficient to pay any amount of compensation payable out of the Fund and the Treasurer certifies that the amount is required for the payment of compensation under this section, the amount is to be paid out of the Consolidated Fund, which is to the necessary extent, appropriated accordingly.

S. 72(5) inserted by No. 22/2022 s. 121.

(5) A reference in subsection (2)(a) to payments for administering the provisions of this Act relating to cattle includes payment of—

(b) costs incurred in appointing persons to the Cattle Compensation Advisory Committee; and

(d) costs incurred in the provision of secretarial support to the Cattle Compensation Advisory Committee.

Compensatable diseases

73 Compensatable diseases

S. 73(1) amended by No. 60/2012 s. 24(1).

(1) Except under section 75(e), compensation is only payable under this Division in respect of a disease which is declared by Order of the Governor in Council to be a compensatable disease in respect of cattle.

S. 73(2) amended by No. 60/2012 s. 24(2).

(2) Except in section 75(e), a reference in this Division to disease is a reference to a disease which has been declared under subsection (1) to be a compensatable disease in respect of cattle.

Amount of compensation

74 Amount of compensation

S. 74(1) amended by No. 25/1997 s. 4(a)(b).

(1) The amount of compensation payable for cattle which are destroyed or which, after being ordered to be destroyed, die before being destroyed must be calculated in accordance with any criteria or method fixed by Order of the Governor in Council with respect to any disease or class of disease or any cattle or class of cattle that is specified in the Order whether after destruction or death the cattle are found to be free from disease or not.

(2) The amount of compensation payable for any one head of cattle must not exceed any amount that is fixed from time to time by Order of the Governor in Council.

(3) The amount of compensation payable for cattle which have reached the clinical stage of any disease specified by Order of the Governor in Council must not exceed the level or rate of compensation fixed from time to time by Order of the Governor in Council.

(4) The amount of compensation payable for any diseased carcase or portion of a diseased carcase condemned as unfit for human consumption because of disease must be in accordance with the scale of amounts of compensation for those carcases fixed from time to time by Order of the Governor in Council.

Payment of compensation

75 Payment of compensation

(a) to the owner of any cattle destroyed by, or by order of, an inspector under this Act because the cattle are suffering from or suspected of suffering from disease;

(b) to the owner of any cattle which are ordered to be destroyed by an inspector under this Act because the cattle are suffering from or suspected of suffering from disease and which die before being destroyed;

(c) to the owner of any cattle destroyed because of injury suffered by the cattle in the course of administration of this Act;

(d) to the owner of any carcase, or portion of a carcase, of cattle condemned under the Meat Industry Act 1993 or the Export Control Act 1982 of the Commonwealth at any meat processing facility by an inspector as unfit for human consumption because of disease;

S. 75(e) inserted by No. 73/1996 s. 40(1).

(e) to the owner of any cattle destroyed by, or by order of, an inspector under this Act because—

S. 75(e)(a) renumbered as s. 75(e)(i) by No. 60/2012 s. 72(2)(a).

(i) the cattle are suffering from or suspected of suffering from a disease which is declared to be an exotic disease after their destruction; or

S. 75(e)(b) renumbered as s. 75(e)(ii) by No. 60/2012 s. 72(2)(b).

(ii) the cattle are suspected of suffering from an exotic disease but after destruction are found not to be suffering from an exotic disease.

No compensation payable

76 No compensation payable

(a) if the head only of a carcase is condemned as unfit for human consumption because of disease; or

(b) if the owner of any cattle visibly affected by disease has failed to give any notice of the existence of the disease required to be given under this Act; or

S. 76(c) amended by No. 84/2008 s. 24.

(c) if the owner fails to satisfy the Secretary that the duty under the Duties Act 2000 has been paid in respect of all of that owner's cattle; or

(d) if the owner fails to satisfy the Secretary that the owner has complied with the requirements of this Act relating to claims for compensation.

Compensation payable out of Fund

77 Compensation payable out of Fund

S. 77(1) amended by No. 60/2012 s. 25(1).

Compensation under this Division is payable out of the Cattle Compensation Fund.

S. 77(2) repealed by No. 60/2012 s. 25(2).

Sale of carcases etc.

78 Sale of carcases etc.

(1) The Secretary may sell the carcase, hide and offal of any cattle which are destroyed.

(2) The amount of any money received for the carcase, hide or offal of cattle sold under subsection (1) must be paid into the Cattle Compensation Fund.

Cattle Compensation Advisory Committee

79 Cattle Compensation Advisory Committee

(1) There is established by this Act a committee to be known as the Cattle Compensation Advisory Committee.

(a) diseases for which compensation should be payable;

(b) the maximum amount of compensation which should be payable under this Act;

(d) any other matter referred to it by the Minister.

S. 79(3) amended by No. 25/1997 s. 5, substituted by Nos 48/2010 s. 31(1), 22/2022 s. 122(1).

(a) the cattle and allied industries;

S. 79(3A)(3B) inserted by No. 48/2010 s. 31(1), repealed by No. 22/2022 s. 122(2).

S. 79(4) repealed by No. 22/2022 s. 122(2).

S. 79(5) substituted by No. 48/2010 s. 31(2), repealed by No. 22/2022 s. 122(2).

S. 79(5A)–(5C) inserted by No. 48/2010 s. 31(2), repealed by No. 22/2022 s. 122(2).

Pt 5 Div. 3A (Heading and ss 79A–79I) inserted by No. 25/1997 s. 6.

Div 3A

Sheep and goat compensation

Division 3A—Sheep and goat compensation

S. 79A inserted by No. 25/1997 s. 6.

79A

Sheep and Goat Compensation Fund

79A Sheep and Goat Compensation Fund

(1) There is established in the Public Account, as part of the Trust Fund, an account known as the Sheep and Goat Compensation Fund.

S. 79A(2)(a) amended by No. 84/2008 s. 24.

(a) all money received by or for the Commissioner of State Revenue as duty on statements and approved agents' returns relating to the sale of sheep or goats or the carcases of sheep or goats under the Duties Act 2000;

S. 79A(2)(ab) inserted by No. 69/2011 s. 43.

(ab) all money received by or for the Commissioner of State Revenue as interest or penalty tax in respect of the whole or part of duty on statements and approved agents' returns relating to the sale of sheep or goats or the carcases of sheep or goats under the Duties Act 2000;

(b) the amounts of residual value of sheep or goats sold under section 79H in respect of which compensation is paid;

(d) all penalties recovered under section 91 relating to offences with respect to sheep or goats;

(e) all interest earned on money in the Fund.

(3) Money in the Fund may be invested in any manner in which money may be invested under the Trustee Act 1958 or any other manner that the appropriate Minister approves.

S. 79B inserted by No. 25/1997 s. 6.

79B

Payments out of the Fund

79B Payments out of the Fund

(1) The Sheep and Goat Compensation Fund is to be applied—

S. 79B(1)(b) amended by No. 69/2004 s. 46(a).

(b) to the payment, in accordance with this Division, of costs incurred in connection with the transporting and destroying of any sheep or goats if the carcases of the sheep or goats are condemned as unfit for human consumption or if the sheep or goats are ordered to be destroyed but die before being destroyed;

S. 79B(1)(c) inserted by No. 69/2004 s. 46(b).

S. 79B(2) amended by No. 40/2019 s. 56(a).

S. 79B(2)(a) amended by No. 40/2019 s. 56(b).

(a) administering the provisions of this Act relating to sheep and goats;

S. 79B(2)(b) amended by No. 40/2019 s. 56(c).

(b) programs and projects for the benefit of the sheep and goat industry in Victoria;

S. 79B(2)(c) inserted by No. 83/1998 s. 5, amended by No. 40/2019 s. 56(d).

(3) The Minister must not make a payment under subsection (2) unless the Minister has considered any relevant recommendations from the Sheep and Goat Compensation Advisory Committee.

S. 79B(4) repealed by No. 57/2003 s. 5, new s. 79B(4) inserted by No. 22/2022 s. 123.

(4) A reference in subsection (2)(a) to payments for administering the provisions of this Act relating to sheep and goats includes payment of—

(b) costs incurred in appointing persons to the Sheep and Goat Compensation Advisory Committee; and

(d) costs incurred in the provision of secretarial support to the Sheep and Goat Compensation Advisory Committee.

S. 79C inserted by No. 25/1997 s. 6, substituted
by Nos 57/2003 s. 6, 60/2012 s. 26.

79C

Compensation payable for declared diseases

79C Compensation payable for declared diseases

Compensation is only payable under this Division in respect of any disease that is declared by Order in Council published in the Government Gazette to be a compensatable disease in respect of sheep or goats.

S. 79D inserted by No. 25/1997 s. 6.

79D

Amount of compensation

79D Amount of compensation

(1) The amount of compensation payable for sheep or goats which are destroyed or which, after being ordered to be destroyed, die before being destroyed must be calculated in accordance with any criteria or method fixed by Order of the Governor in Council with respect to any sheep or goats or class of sheep or goats specified in the Order whether after destruction or death they are found to be free from disease or not.

(2) The amount of compensation payable for any one head of sheep or goat must not exceed any amount that is fixed from time to time by Order of the Governor in Council.

(3) The amount of compensation payable for sheep or goats which have reached the clinical stage of disease specified by Order in Council must not exceed the level or rate of compensation fixed from time to time by Order of the Governor in Council.

(4) The amount of compensation payable for any diseased carcase condemned as unfit for human consumption because of disease must be in accordance with the scale of amounts of compensation for those carcases fixed from time to time by Order of the Governor in Council.

S. 79E inserted by No. 25/1997 s. 6.

79E

Payment of compensation

79E Payment of compensation

(a) to the owner of any sheep or goats destroyed by, or by order of, an inspector under this Act because the sheep or goats are suffering from or suspected of suffering from disease; or

(b) to the owner of any sheep or goats which are ordered to be destroyed by an inspector under this Act because the sheep or goats are suffering from or suspected of suffering from disease and which die before being destroyed; or

(c) to the owner of any sheep or goats destroyed because of injury suffered by the sheep or goats in the course of administration of this Act; or

(d) to the owner of any carcase of sheep or goats condemned under the Meat Industry Act 1993 or the Export Control Act 1982 of the Commonwealth at any meat processing facility by an inspector as unfit for human consumption because of disease.

S. 79F inserted by No. 25/1997 s. 6.

79F

No compensation payable

79F No compensation payable

(a) if a portion only of a carcase is condemned as unfit for human consumption because of disease; or

(b) if the owner of any sheep or goat visibly affected by disease has failed to give any notice of the existence of the disease required to be given under this Act; or

S. 79F(c) amended by No. 84/2008 s. 24.

(c) if the owner fails to satisfy the Secretary that the duty under the Duties Act 2000 has been paid in respect of all of that owner's sheep or goats; or

(d) if the owner fails to satisfy the Secretary that the owner has complied with the requirements of this Act relating to claims for compensation.

S. 79G inserted by No. 25/1997 s. 6.

79G

Compensation payable out of Fund

79G Compensation payable out of Fund

Compensation under this Division is payable out of the Sheep and Goat Compensation Fund.

S. 79H inserted by No. 25/1997 s. 6.

79H

Sale of carcases etc.

79H Sale of carcases etc.

(1) The Secretary may sell the carcase, wool, hide and offal of any sheep or goats which are destroyed.

(2) The amount of any money received for the carcase, wool, hide or offal of sheep or goats sold under subsection (1) must be paid into the Sheep and Goat Compensation Fund.

S. 79HA inserted by No. 69/2004 s. 47, amended by No. 48/2010 s. 32(1)(2), repealed by No. 22/2022 s. 124.

S. 79HB inserted by No. 69/2004 s. 47, amended by No. 48/2010 s. 32(3), repealed by No. 22/2022 s. 124.

S. 79I
inserted by No. 25/1997 s. 6.

79I

Sheep and Goat Compensation Advisory Committee

79I Sheep and Goat Compensation Advisory Committee

(1) There is established by this Act a committee to be known as the Sheep and Goat Compensation Advisory Committee.

(a) the maximum amount of compensation which should be payable under this Division;

(b) payments which should be made under section 79B(2);

S. 79I(3) substituted by Nos 48/2010 s. 33(1), 22/2022 s. 125(1).

(a) the sheep and goat and allied industries;

S. 79I(3A)(3B) inserted by No. 48/2010 s. 33(1), repealed by No. 22/2022 s. 125(2).

S. 79I(4) repealed by No. 22/2022 s. 125(2).

S. 79I(5) substituted by No. 48/2010 s. 33(2), repealed by No. 22/2022 s. 125(2).

S. 79I(5A)–(5C) inserted by No. 48/2010 s. 33(2), repealed by No. 22/2022 s. 125(2).

Division 4—Swine compensation

Swine Compensation Fund

80 Swine Compensation Fund

(1) There is continued in the Public Account, as part of the Trust Fund, the account known as the Swine Compensation Fund.

S. 80(2)(a) amended by No. 84/2008 s. 24.

(a) all money received by or for the Commissioner of State Revenue as duty on statements and approved agents' returns relating to the sale of pigs or the carcases of pigs under the Duties Act 2000;

S. 80(2)(ab) inserted by No. 69/2011 s. 44.

(ab) all money received by or for the Commissioner of State Revenue as interest or penalty tax in respect of the whole or part of duty on statements and approved agents' returns relating to the sale of pigs or the carcases of pigs under the Duties Act 2000;

(b) the amounts of residual value of pigs sold under section 86 in respect of which compensation is paid;

(d) all interest earned on money in the Fund.

S. 80(3) amended by No. 104/1995 s. 6(Sch. 1 item 15(d)).

(3) Money in the Fund may be invested in any manner in which money may be invested under the Trustee Act 1958 or any other manner that the appropriate Minister approves.

More sections below

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Livestock Disease Control Act 1994

Version No. 085

Livestock Disease Control Act 1994

No. 115 of 1994

Version incorporating amendments as at
1 October 2024

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

4 Objectives 8

5 Binding of Crown 9

6 Governor in Council may make Orders 9

Part 2—Provisions applying to diseases generally 11

Division 1—Responsibilities of owners and others 11

7 Notification of diseases 11

7A Minister may declare unusual circumstances of disease or death in livestock 12

7B Notification of unusual circumstances of disease or death in livestock 13

8 Separation of livestock 14

8A Requirements for vendor declarations when livestock moved 14

9 Identification of livestock 17

9A Permanent identification of livestock 18

9AB Possession of cattle or livestock if permanent identification has been removed or replaced 20

9B Property identification codes 21

9BA Cancellation of property identification code 23

9BB Review of cancellation of property identification code 24

9BC Offence to use property identification code no longer in force 25

9C Requirements for manufacturers of tags and devices 25

10 Entry of livestock etc. 26

11 Quarantine areas 28

12 Offences 29

Division 2—Controls over livestock 32

13 Separation or isolation of livestock 32

14 Destruction or disposal of livestock 32

15 Destruction or disposal of diseased livestock 33

16 Testing for diseases 34

16A Secretary may make determinations relating to testing for diseases 38

Division 3—Agreements and contracts 39

17 Agreements with owners of livestock 39

18 Contracts with veterinary practitioners 40

Part 3—Exotic diseases 41

Division 1—Preliminary 41

19 Application of this Part to land 41

20 Application of this Part to livestock 42