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—
(c) is approved by the Secretary; and
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
(c) in accordance with the regulations.
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
(c) be accompanied by the fee (if any) fixed by the Minister.
(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;
(c) operating a knackery;
(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)).
Section 9A - Livestock Disease Control Act 1994 - Permanent identification of livestock | Zoe