Livestock Disease Control Regulations 2017

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to provide for the timing and manner of the notification of livestock diseases; and

(b) to provide for the manner in which certain livestock are identified; and

(c) to provide for the manner of certification of, and restrictions relating to, livestock, livestock products, fodder or fittings introduced into Victoria; and

(d) to set out the standards and record keeping requirements relating to the testing for livestock diseases; and

(e) to set out requirements for the prevention of livestock diseases; and

(f) to provide for the recording or forwarding of information relating to the movement of identified livestock; and

(g) to provide for matters relating to claims for compensation for losses incurred due to livestock disease; and

(h) to provide for other matters required to be prescribed under the Livestock Disease Control Act 1994.

2 Authorising provision

These Regulations are made under section 139 of the Livestock Disease Control Act 1994.

3 Commencement

These Regulations come into operation on 1 July 2017.

4 Revocation

The Regulations listed in Schedule 1 are revoked.

5 Definitions

In these Regulations—

abattoir has the same meaning as it has in the Meat Industry Act 1993;

animal identifier means a number, code or other marker that has been applied to an animal or in respect of an animal for the purpose of identifying that animal;

Reg. 5 def. of ANZSDP amended by S.R. No. 5/2024 reg. 5(a).

ANZSDP means the Australian and New Zealand Standard diagnostic procedures for use in Australian veterinary laboratories, published by the Commonwealth Department of Agriculture, Fisheries and Forestry as published or amended from time to time;

Reg. 5 def. of apiary inserted by S.R. No. 42/2019 reg. 5(a).

apiary means a group of one or more hives assembled in one area or location for beekeeping;

approved NLIS device means a NLIS device approved by the Secretary under section 9A(1)(c) of the Act;

Reg. 5 def. of approved NLIS ear tag revoked by S.R. No. 5/2024 reg. 5(b).

Reg. 5 def. of arthropod bee disease inserted by S.R. No. 42/2019 reg. 5(a).

arthropod bee disease means—

(a) Braula fly (Braula coeca);

(b) Tropilaelaps mite (Tropilaelaps clareae and Tropilaelaps mercedesae);

(c) Varroosis (Varroa destructor and Varroa jacobsoni);

Reg. 5 def. of ASDT amended by S.R. No. 5/2024 reg. 5(c).

ASDT means the Australian standard diagnostic techniques published by the Commonwealth Department of Agriculture, Fisheries and Forestry as published or amended from time to time;

Reg. 5 def. of AS ISO/IEC 17025-2005 revoked by S.R. No. 118/2018 reg. 5(1).

authorised officer means a person appointed under a law of another State or Territory of the Commonwealth corresponding with the Act to inspect livestock, livestock products, fodder or fittings;

bovine malignant tumour of the eye larger than 2 cm means a squamous cell carcinoma of the ocular, periocular, or both tissues of a size greater than 2 centimetres in any plane, including conditions commonly known as cancer eye or bovine malignant tumour of the eye;

Reg. 5 def. of chief veterinary officer amended by S.R. No. 5/2024 reg. 5(d).

chief veterinary officer means the chief veterinary officer of the Department;

Reg. 5 def. of commercial beekeeper inserted by S.R. No. 42/2019 reg. 5(a).

commercial beekeeper means a beekeeper who is the owner of 50 or more hives;

commercial flock of poultry means a group of more than 1000 chickens;

Reg. 5 def. of correspond-ing law amended by S.R. No. 5/2024 reg. 5(e).

corresponding law means—

(a) for the purposes of these Regulations other than regulation 107(e), the following Acts—

(iii) Biosecurity Act 2015 of New South Wales;

(v) Livestock Act 1997 of South Australia;

(vi) Biosecurity Act 2014 of Queensland;

(vii) Animal (Brands and Movement) Act 1984 of Tasmania;

(viii) Animal Health Act 1995 of Tasmania;

(viiia) Biosecurity Act 2019 of Tasmania;

(ix) Biosecurity and Agriculture Management Act 2007 of Western Australia;

(x) Exotic Diseases of Animals Act 1993 of Western Australia;

(xi) Livestock Act 2008 of the Northern Territory;

(xii) Animal Diseases Act 2005 of the Australian Capital Territory;

(xiii) Stock Act 2005 of the Australian Capital Territory;

(b) for the purposes of regulation 107(e) the following Acts—

(i) Australian Meat and Live-stock Industry Act 1997 of the Commonwealth;

(ii) Meat Industry Act 1978 of New South Wales;

(iii) Food Production (Safety) Act 2000 of Queensland;

(iv) Primary Produce (Food Safety Schemes) Act 2004 of South Australia;

(v) Western Australian Meat Industry Authority Act 1976 of Western Australia;

(vi) Primary Produce Safety Act 2011 of Tasmania;

(vii) Meat Industries Act 1996 of the Northern Territory;

emergency means an emergency that poses an imminent danger to livestock but does not include an outbreak of disease;

Reg. 5 def. of foundation inserted by S.R. No. 42/2019 reg. 5(a).

foundation means a sheet of plastic or beeswax impressed with a pattern of cell bases;

government apiary officer means a person appointed, under a law of another State or Territory of the Commonwealth corresponding with the Act, to inspect bees, bee products, fodder or beekeeping fittings;

knackery has the same meaning as it has in the Meat Industry Act 1993;

National Livestock Identification System means the system in Australia for identifying and tracking livestock for disease control, food safety and market access purposes;

Reg. 5 def. of Newcastle Disease Management Plan substituted by S.R. No. 5/2024 reg. 5(f).

Newcastle Disease Management Plan means the document "National Newcastle Disease Management Plan" published by the Australian Animal Health Council Ltd (ACN 071 890 956) as published or amended from time to time;

NLIS means the National Livestock Identification System;

Reg. 5 def. of NLIS device amended by S.R. Nos 118/2018 reg. 5(2), 5/2024 reg. 5(g).

NLIS device means a device for the permanent identification of livestock that—

(a) contains a microchip, which records information that can be retrieved electronically; and

(b) is capable of being permanently attached to or implanted in livestock; and

(c) is made by a manufacturer under a licence granted by Integrity Systems Company Limited (ABN 34 134 745 038); and

(d) in the case of a rumen bolus, is accompanied by an ear tag in the form of Part D of Schedule 3;

Reg. 5 def. of NLIS ear tag amended by S.R. No. 5/2024 reg. 5(h).

NLIS ear tag means an ear tag for the permanent identification of a sheep, a goat or a pig that—

(a) records information that can be read visually; and

(b) is capable of being permanently attached to a sheep, a goat or a pig; and

(c) is made by a manufacturer under a licence granted by Integrity
Systems Company Limited
(ABN 34 134 745 038);

Reg. 5 def. of pollen inserted by S.R. No. 5/2024 reg. 5(i).

pollen means pollen collected by or from bees;

Reg. 5 def. of pooled honey sample inserted by S.R. No. 42/2019 reg. 5(a).

pooled honey sample means a sample of honey containing honey from at least 20 per cent of the total number of hives kept by a beekeeper chosen at random;

poultry means any of the following livestock reared in captivity—

(a) a chicken;

(b) a turkey;

(c) a guinea fowl;

(d) a duck;

(e) a goose;

(f) a quail;

(g) a pigeon;

(h) a pheasant;

(i) a partridge;

(j) an emu;

(k) an ostrich;

registered beekeeper means a person registered as a beekeeper in accordance with Division 5 of Part 4 of the Act;

rumen bolus means a capsule that may be inserted into cattle which after application is intended to rest in the reticulum for the life of the animal and which contains an electronic transponder that can be read electronically;

Reg. 5 def. of sterilise inserted by S.R. No. 42/2019 reg. 5(a).

sterilise, in relation to a hive or beekeeping fittings, means—

(a) subjecting the hive or beekeeping fittings to gamma irradiation at a minimum radiation dose of 15 kilogray; or

(b) dipping the hive or beekeeping fittings for a minimum of 10 minutes in hot wax held at a minimum temperature of 150°C;

Reg. 5 def. of swarm catch box inserted by S.R. No. 42/2019 reg. 5(a).

swarm catch box means a box placed for the purpose of attracting and catching a swarm of bees;

the Act means the Livestock Disease Control Act 1994;

Reg. 5 def. of veterinary practitioner amended by S.R. No. 42/2019 reg. 5(b).

veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997;

Reg. 5 def. of weak hive inserted by S.R. No. 42/2019 reg. 5(a), amended by S.R. No. 95/2024 reg. 5(1).

weak hive means a hive containing a colony of bees that are unable to prevent robbing of the hive by robber bees;

Reg. 5 def. of working day inserted by S.R. No. 95/2024 reg. 5(2).

working day, in relation to a requirement to do any act or thing, means a day other than—

(a) a Saturday or Sunday; or

(b) a day appointed under the Public Holidays Act 1993 as a public holiday in the place in which the act or thing must be done.

Part 2—Notification of livestock diseases

6 Notification of diseases

(1) For the purposes of section 7(3) of the Act, the following is the prescribed time—

(a) for a disease listed in Part A of Schedule 2, without delay;

(b) for a disease listed in Part B of Schedule 2, within 12 hours;

(c) for a disease listed in Part C of Schedule 2, within 7 days;

(d) for any disease not listed in Schedule 2 (other than an exotic disease), within 12 hours.

(2) For the purposes of section 7(3) of the Act, the following is the prescribed manner—

Reg. 6(2)(a) amended by S.R. No. 118/2018 reg. 6(1).

(a) in the case of a notice provided in accordance with subregulation (1)(a), that the notice is provided by the fastest means of communication available at the time;

(b) for any notice provided in accordance with subregulation (1)(a), (b), (c) or (d) that it contains information in respect of—

Reg. 6(2)(b)(i) substituted by S.R. No. 118/2018 reg. 6(2).

(i) the species of livestock, or the type of livestock product and the species from which it was derived; and

(ii) the property identification code identifying the property at which the livestock is kept (if known); and

Reg. 6(2)(b)(iii) amended by S.R. No. 118/2018 reg. 6(3).

(iii) the disease known or suspected to be present; and

(iv) the number and type of livestock on the property; and

(v) the species and number of live animals that are affected and the species and number of live animals that are not affected; and

(vi) the number of dead animals; and

(vii) a description of the signs of the disease; and

(viii) whether or not a veterinary practitioner has been consulted for the purposes of determining if the livestock, livestock product or hive is infected with any disease; and

(ix) any veterinary practitioner who has been consulted in accordance with paragraph (viii), and the name and contact details of the veterinary practitioner; and

(x) the address or description of the location at which the livestock, livestock product or hives were observed; and

(xi) the date of onset of signs of the disease; and

Reg. 6(2)(b)(xii) amended by S.R. No. 118/2018 reg. 6(3).

(xii) the age of any livestock known or suspected to be affected by the disease; and

(xiii) whether or not any specimens have been submitted to a laboratory for the purpose of determining if the livestock, livestock product or hive is infected with any disease; and

(xiv) the name and address of the laboratory to which any specimen has been sent; and

(xv) the name and address of the owner of the affected livestock, livestock product or hive (if known); and

(xvi) the name, address and telephone number of the person providing the notice; and

(xvii) the date of the notice.

Reg. 6(3) inserted by S.R. No. 118/2018 reg. 6(4), substituted by S.R. No. 5/2024 reg. 6.

(3) A person who has notified an inspector about a known or suspected disease under section 7(1) of the Act must retain any documents evidencing the disease notification for a period of 7 years from when the person gave the required notification.

Reg. 6(4) inserted by S.R. No. 5/2024 reg. 6.

(4) A person who is required to notify an inspector about a known or suspected disease under section 7(1) of the Act must retain any documents giving rise to the knowledge or suspicion of the disease for a period of 7 years after the person was required to give the notification.

7 Notification of unusual circumstances of disease or death in livestock

For the purposes of section 7B of the Act, the following is the prescribed manner—

(a) that the notification is in writing;

(b) that the notification contains information in respect of—

(i) the species of the livestock or the species of livestock from which the livestock product was derived; and

(ii) the property identification code identifying the property at which the livestock is kept (if known); and

(iii) the disease suspected to be present; and

(iv) the species and number of live animals that are affected and the species and number of live animals that are not affected; and

(v) the number of dead animals; and

(vi) a description of the signs of the disease; and

(vii) the date of onset of signs of the disease; and

(viii) the age of any livestock suspected to be affected by the disease; and

(ix) whether or not a veterinary practitioner has been consulted for the purposes of determining whether the livestock, livestock product or hive is infected with any disease; and

(x) any veterinary practitioner who has been consulted in accordance with paragraph (ix), and the name and contact details of the veterinary practitioner; and

(xi) the address or description of the location at the which the livestock, livestock product or hives were observed; and

(xii) whether or not any specimens have been submitted to a laboratory for the purpose of determining if the livestock, livestock product or hive is infected with any disease; and

(xiii) the name and address of the laboratory to which any specimen has been sent; and

(xiv) the name and address of the owner of the affected livestock, livestock product or hive (if known); and

(xv) the name, address and telephone number of the person providing the notice; and

(xvi) the date of the notification.

Pt 3 (Heading) amended by S.R. No. 1/2020 reg. 5.

Part 3—Requirements for vendor declarations and livestock agent declarations when livestock are moved

8 Prescribed particulars to be included in vendor declaration by first owner

For the purposes of section 8A(2)(c)(vii) of the Act, the prescribed particulars are—

(a) in the case of cattle, pigs, sheep and goats—

(i) the name of the owner of the livestock or the trading name of the owner of the livestock; and

(ii) the physical address of the place from which the livestock are being moved; and

(iii) the unique serial number on the form approved by the Secretary under section 8A(2)(b) of the Act; and

(iv) the property identification code of the property of destination or, if not known, the name of the owner of the property of destination and the address; and

Reg. 8(a)(v) inserted by S.R. No. 118/2018 reg. 7(1).

(v) whether the livestock have been bred by the owner making the declaration and if not, the period of time the livestock were kept on the property from which they are to be moved; and

Reg. 8(b) substituted by S.R. No. 118/2018 reg. 7(2).

(b) in the case of pigs, sheep and goats, in addition to the matters referred to in paragraph (a), the number and description of the pigs, sheep or goats being moved; and

Reg. 8(c) amended by S.R. No. 118/2018 reg. 7(3).

(c) in the case of pigs that are branded or tattooed, in addition to the matters referred to in paragraph (a) and (b), the tattoo or brand number; and

Reg. 8(d) inserted by S.R. No. 118/2018 reg. 7(4), substituted by S.R. No. 5/2024 reg. 7.

(d) in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), in addition to the matters referred to in paragraphs (a) and (b), the property identification codes on the NLIS ear tags.

9 Prescribed period for which vendor declaration to be kept when ownership does not change

For the purposes of section 8A(4) of the Act, the prescribed period is—

(a) in the case of cattle, 7 years; or

(b) in the case of pigs, 2 years; or

(c) in the case of sheep, 7 years; or

(d) in the case of goats, 7 years; or

(e) in the case of a vendor declaration kept by the NLIS, the period between the date the relevant livestock are moved and the giving of a vendor declaration to the NLIS.

Reg. 10 (Heading) amended by S.R. No. 1/2020 reg. 6.

10 Prescribed period within which livestock agent to give vendor declaration or livestock agent declaration to new owner

For the purposes of section 8A(6) of the Act, the prescribed period is—

(a) in the case of cattle—

(i) if the cattle are being moved from a saleyard to an abattoir whichever is the sooner of midnight on the day of sale or before the cattle are slaughtered at the abattoir; or

(ii) in any other case, within 2 working days; and

(b) in the case of pigs, by the time of delivery to the new owner; and

(c) in the case of sheep or goats—

(i) that are being moved from a saleyard to an abattoir, whichever is the sooner of midnight on the day of sale or before the sheep or goats are slaughtered at the abattoir; or

(ii) in any other case, within 2 working days.

Reg. 11 substituted by S.R. No. 118/2018 reg. 8, revoked by S.R. No. 1/2020 reg. 7.

Reg. 12 substituted by S.R. No. 1/2020 reg. 8.

12 Prescribed period for owner of livestock or livestock agent to keep a vendor declaration or livestock agent declaration given to a new owner

For the purposes of section 8A(7) of the Act, the prescribed period is—

(a) in the case of pigs, 2 years; and

(b) in the case of sheep or goats—

(i) if a copy of the vendor declaration or livestock agent declaration is kept by the NLIS, the period between the date the vendor declaration or livestock agent declaration was given to the new owner and the giving of the copy to the NLIS; or

(ii) in any other case—

(A) if the vendor declaration is given by an owner of livestock under section 8A(3) of the Act, 7 years; or

(B) if the vendor declaration or livestock agent declaration is given by a livestock agent under section 8A(6) of the Act, 2 years; and

(c) in the case of cattle—

(i) if the vendor declaration is given by an owner of livestock under section 8A(3) of the Act, 7 years; or

(ii) if the vendor declaration or livestock agent declaration is given by a livestock agent under section 8A(6) of the Act, 2 years.

Reg. 13 substituted by S.R. No. 1/2020 reg. 9.

13 Prescribed period for person to keep vendor declaration or livestock agent declaration

For the purposes of section 8A(8) of the Act, the prescribed period is—

(a) in the case of pigs, 2 years; and

(b) in the case of cattle, sheep or goats—

(i) for a new owner, 7 years; or

(ii) for any other person, 2 years.

14 Prescribed livestock

For the purposes of the definition of livestock in section 8A(9) of the Act, the prescribed livestock are cattle, pigs, sheep and goats.

Reg. 14A inserted by S.R. No. 1/2020 reg. 10.

14A Prescription of livestock agent declaration and particulars

For the purposes of the definition of livestock agent declaration in section 8A(9) of the Act, in the case of cattle, pigs, sheep or goats consigned to an abattoir, the prescribed document is a document (a post‑sale summary) containing the following particulars—

(a) the date of sale of the livestock;

(b) the number of livestock in the sale lot;

(c) the serial number on any vendor declaration accompanying the livestock;

(d) the property identification code identifying the property from which the livestock were dispatched;

(e) the property identification code identifying the property to which the livestock will be dispatched;

(f) in the case of livestock sold through a saleyard, the property identification code identifying the saleyard;

(g) whether the livestock are vendor bred, and if not, the period of time that the livestock were kept on the property from which they were dispatched;

Reg. 14A(h) substituted by S.R. No. 5/2024 reg. 8.

(h) in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), the property identification codes on the NLIS ear tags;

(i) for every sheep or goat identified with a NLIS device, the first 8 visually readable characters on the NLIS device if it is not identifying the property from which the sheep or goat was dispatched.

Part 4—Requirements for movement
information when livestock are slaughtered

Reg. 15 substituted by S.R. No. 5/2024 reg. 9.

15 Cattle, pigs, sheep and goats not to be slaughtered without movement documentation

(1) An abattoir operator must not slaughter cattle, pigs, sheep or goats unless—

(a) the abattoir operator has in the abattoir operator's possession, in relation to the ownership of the cattle, pigs, sheep or goats, a vendor declaration or a document provided to the abattoir operator under section 8A of the Act; and

(b) the cattle, pigs, sheep or goats are identified in accordance with section 9A of the Act.

(2) Subregulation (1) does not apply if the slaughter of an animal is necessary to relieve the animal of unreasonable pain or suffering and the abattoir operator records—

(a) the property identification code of the property from which the animal was dispatched; or

(b) the name and address of the saleyard from which the animal was dispatched.

Part 5—Identification of livestock

Division 1—Prescribed manner of identification

16 Prescribed livestock for the purposes of section 9

For the purposes of section 9 of the Act, the prescribed livestock are pigs, sheep and goats.

17 Prescribed manner of identification for cattle

Reg. 17(1) substituted by S.R. No. 118/2018 reg. 9.

(1) For the purposes of section 9 of the Act, in respect of cattle the prescribed manner is—

(a) by means of a NLIS device in the form of Part A or Part D of Schedule 3 that identifies the property at which the cattle were born (cattle breeder electronic tag); or

(b) in the case of cattle that have moved off the property of birth—

(i) if the cattle are unidentified or identified with a NLIS device that is not functioning, by means of a NLIS device in the form of Part B or Part D of Schedule 3 that identifies the property at which the cattle are kept (cattle post‑breeder electronic tag); or

(ii) if the cattle have previously been identified with a cattle breeder electronic tag, or a cattle post‑breeder electronic tag, and that tag remains attached to the cattle and is functioning, by means of that tag; or

(c) in the case of cattle that are less than 6 weeks of age and are consigned directly to a knackery for disposal, by means of a NLIS device or ear tag that identifies the property from which the cattle are to be dispatched.

Reg. 17(1A) inserted by S.R. No. 118/2018 reg. 9.

(1A) If a NLIS device in the form of Part A or Part B of Schedule 3 is used to identify cattle under subregulation (1), the NLIS device must be attached to the right ear of the cattle in accordance with the manufacturer's instructions.

Reg. 17(1B) inserted by S.R. No. 118/2018 reg. 9.

(1B) If a NLIS device in the form of Part D of Schedule 3 is used to identify cattle under subregulation (1), the ear tag accompanying the rumen bolus must be attached to an ear of the cattle in accordance with the manufacturer's instructions.

Reg. 17(2) amended by S.R. No. 5/2024 reg. 10.

(2) If cattle has not been identified in accordance with section 9 of the Act, a saleyard operator, selling agent or cattle scale operator must make and keep a record of the use of a cattle post‑breeder electronic tag to identify the cattle for a period of 2 years that includes the following information—

(a) the relevant animal identifier;

(b) the date of use of the cattle post‑breeder electronic tag;

(c) the name of the person who attached the cattle post‑breeder electronic tag to the cattle;

(d) the property identification code of the property from which the cattle originated;

(e) the total number of livestock in the consignment of which the cattle are a part.

18 Unidentified cattle—unsafe circumstances

Regulation 17 does not apply in the circumstance of the dispatch of cattle that has not been identified by an owner who—

(a) reasonably believes it is unsafe to identify the cattle in the manner prescribed under regulation 17; and

(b) has been issued a permit by an inspector authorising the dispatch of the cattle without the cattle being identified in the manner prescribed under regulation 17; and

19 Unidentified cattle—emergency circumstances

Regulation 17 does not apply in the circumstance of the dispatch by an owner during an emergency of cattle that has not been identified if the owner—

(a) within 7 days of the dispatch occurring, notifies an inspector of the dispatch of the cattle; and

(i) the property identification code of the property from which the cattle were dispatched;

(ii) the date of dispatch of the cattle;

(iii) the number and description of the cattle received at the destination property;

Reg. 19(b)(iv) amended by S.R. No. 118/2018 reg. 10.

(iv) the property identification code of the destination property;

(v) the name and address of the consignee (if known).

Reg. 20 amended by S.R. No. 118/2018 reg. 11, substituted by S.R. No. 5/2024 reg. 11.

20 Prescribed manner of identification for pigs

(1) For the purposes of section 9 of the Act, in respect of a pig that is less than 25 kilograms in weight, the prescribed manner is—

(a) if the pig is marked for identification on the property at which the pig was born, by means of a NLIS ear tag in the form of Part E of Schedule 3 and attached to an ear of the pig in accordance with the manufacturer's instructions; or

(b) if the pig is moved off the property of birth, by means of a NLIS ear tag in the form of Part EA of Schedule 3 and attached to an ear of the pig in accordance with the manufacturer's instructions, in addition to any other NLIS ear tag already attached to the pig.

(2) For the purposes of section 9 of the Act, in respect of a pig that is 25 kilograms or more in weight, the prescribed manner is—

(a) if the pig is marked for identification on the property at which the pig was born, by means of—

(i) a NLIS ear tag in the form of Part E of Schedule 3 and attached to an ear of the pig in accordance with the manufacturer's instructions; or

(ii) a readable tattoo in the form of Part F of Schedule 3 that must be located on the left shoulder of the pig; or

(b) if the pig is moved from the property of birth, by means of—

(i) a NLIS ear tag in the form of Part EA of Schedule 3 and attached to an ear of the pig in accordance with the manufacturer's instructions, in addition to any other NLIS ear tag already attached to the pig; or

(ii) a readable tattoo in the form of Part F of Schedule 3 located on the pig in the following sequential order—

(A) if there is no tattoo on the right shoulder of the pig, on the right shoulder of the pig; or

(B) if there is a tattoo on the right shoulder of the pig and no tattoo on the right rump of the pig, on the right rump of the pig; or

(C) if there are tattoos on the right shoulder and right rump of the pig and no tattoo on the left rump of the pig, on the left rump of the pig; or

(D) if there are tattoos on the right shoulder, right rump and left rump of the pig, on whichever of those locations the tattoo is likely to be the most clearly visible.

21 Unidentified pig—unsafe circumstances

Regulation 20 does not apply in the circumstance of the dispatch of a pig that has not been identified by an owner who—

(a) reasonably believes it is unsafe to identify the pig in the manner prescribed under regulation 20; and

(b) has been issued a permit by an inspector authorising the dispatch of the pig without the pig being identified in the manner prescribed under regulation 20; and

22 Unidentified pig—emergency circumstances

Regulation 20 does not apply in the circumstance of the dispatch by an owner during an emergency of a pig that has not been identified if the owner—

(a) within 7 days of the dispatch occurring, notifies an inspector of the dispatch of the pig; and

(i) the property identification code of the property from which the pig was dispatched;

(ii) the date of dispatch of the pig;

(iii) the number of pigs received at the destination property;

Reg. 22(b)(iv) amended by S.R. No. 118/2018 reg. 12.

(iv) the property identification code of the property of destination;

(v) the name and address of the consignee (if known).

Reg. 23 amended by S.R. No. 118/2018 reg. 13, revoked by S.R. No. 5/2024 reg. 12.

Reg. 24 amended by S.R. No. 118/2018 reg. 14, substituted by S.R. No. 5/2024 reg. 13.

24 Prescribed manner of identification for sheep and goats

(1) For the purposes of section 9 of the Act, in respect of a sheep or goat, the prescribed manner is—

(a) by means of a NLIS device in the form of Part I of Schedule 3 that is attached to an ear of the sheep or goat in accordance with the manufacturer's instructions and identifies the property at which the sheep or goat was born (breeder electronic tag); or

(b) in the case of a sheep or goat that has moved off the property of birth—

(i) if the sheep or goat is not identified with a NLIS device or identified with a NLIS device that is not functioning, by means of a NLIS device in the form of Part J of Schedule 3 that is attached to an ear of the sheep or goat in accordance with the manufacturer's instructions and identifies the property at which the sheep or goat is kept (post‑breeder electronic tag); or

(ii) if the sheep or goat has previously been identified with a breeder electronic tag, or a post-breeder electronic tag, and that tag remains attached to the sheep or goat and is functioning, by means of that tag.

(2) If a sheep or a goat has not been identified in accordance with section 9 of the Act, a saleyard operator or selling agent must make and keep for a period of 2 years a record of the use of a post-breeder electronic tag to identify the sheep or the goat that includes the following information—

(a) the relevant animal identifier;

(b) the date of use of the post-breeder electronic tag;

(c) the name of the person who attached the post-breeder electronic tag to the sheep or the goat;

(d) the property identification code of the property from which the sheep or goat originated;

(e) the total number of livestock in the consignment of which the sheep or the goat are a part.

Reg. 25 amended by S.R. No. 5/2024 reg. 14(a).

25 Unidentified sheep or goat—unsafe circumstances

Regulation 24 does not apply in the circumstance of the dispatch of a sheep or a goat that has not been identified by an owner who—

Reg. 25(a) amended by S.R. No. 5/2024 reg. 14(b).

(a) reasonably believes it is unsafe to identify the sheep or the goat in the manner prescribed under regulation 24; and

Reg. 25(b) amended by S.R. No. 5/2024 reg. 14(b).

(b) has been issued a permit by an inspector authorising the dispatch of the sheep or the goat without the sheep or the goat being identified in the manner prescribed under regulation 24; and

Reg. 26 substituted by S.R. No. 5/2024 reg. 15.

26 Unidentified sheep or goats—emergency circumstances

Regulation 24 does not apply in the circumstance of the dispatch by an owner during an emergency of a sheep or a goat that has not been identified if the owner, within 7 days of the dispatch occurring—

(a) notifies an inspector of the dispatch of the sheep or goat; and

(i) the property identification code of the property from which the sheep or the goat was dispatched;

(ii) the date of dispatch of the sheep or the goat;

(iii) the number of sheep or goats received at the destination property;

(iv) the unique serial number on any vendor declaration;

(v) the property identification code of the property of destination;

(vi) the name and address of the consignee (if known).

27 Prescribed manner for identification of cattle directly dispatched from place of purchase

For the purposes of section 9 of the Act, in respect of any cattle that is dispatched directly from the place at which it was purchased for sale at a saleyard, slaughter at an abattoir or disposal at a knackery, the prescribed manner is a NLIS device attached to the cattle at the time of purchase.

28 Prescribed manner for identification of pigs directly dispatched from place of purchase

For the purposes of section 9 of the Act, in respect of a pig that is dispatched directly from the place at which it was purchased for sale at a saleyard, slaughter at an abattoir or disposal at a knackery, the prescribed manner is an ear tag or tattoo borne by the pig at the time of purchase.

29 Prescribed manner for identification of sheep and goats directly dispatched from place of purchase

For the purposes of section 9 of the Act, in respect of a sheep or a goat that is dispatched directly from the place at which it was purchased for sale at a saleyard, slaughter at an abattoir or disposal at a knackery, the prescribed manner is a NLIS ear tag or NLIS device borne by the sheep or the goat at the time of purchase.

Reg. 30 revoked by S.R. No. 5/2024 reg. 16.

31 Prescribed manner of identification for cattle or pigs to be slaughtered or disposed of at a knackery

For the purposes of section 9 of the Act, in the case of any cattle or pig that is to be slaughtered at an abattoir or disposed of at a knackery and the cattle or pig is not identified in the manner set out in regulation 17, 20, 33 or 34 the prescribed manner of identification is that the operator of the abattoir or knackery—

(a) before the slaughter or disposal of the cattle or the pig determine the property at which the cattle or the pig was last kept or the lot or pen number at the relevant sale yard from which the cattle or the pig was collected; and

(b) keep a record of the information determined under paragraph (a) for 2 years.

32 Pigs less than 25 kg may be identified with temporary tags

(1) For the purposes of section 9 of the Act, in the case of a pig that is not identified by an ear tag and weighs less than 25 kilograms and is to be sold in a saleyard or scale operation or slaughtered or disposed of at an abattoir or a knackery, the prescribed manner of identification is that—

Reg. 32(1)(a) amended by S.R. No. 118/2018 reg. 15.

(a) a selling agent ensure that a temporary ear tag in the form of Part K of Schedule 3 be attached to an ear of the pig in accordance with the manufacturer's instructions; and

(b) the following details are recorded against the tag number by the selling agent—

(i) the name and address of the person selling the pig;

(ii) the property identification code (if issued) or the brand identifying the property from which the pig was dispatched.

Reg. 32(2) amended by S.R. No. 5/2024 reg. 17.

(2) The selling agent must keep the details recorded in accordance with subregulation (1)(b) for 2 years.

33 Pigs may be identified with temporary tattoos

(1) For the purposes of section 9 of the Act, in the case of a pig that is not identified by a tattoo and weighs 25 kilograms or more and is to be sold in a saleyard or scale operation or slaughtered or disposed of at an abattoir or a knackery, the prescribed manner of identification is that—

Reg. 33(1)(a) substituted by S.R. No. 118/2018 reg. 16.

(a) a selling agent ensure that a temporary tattoo in accordance with Part L of Schedule 3 be applied to the pig such that the tattoo is readable and located—

(i) in the case that there is no tattoo on the right shoulder of the pig, on the right shoulder of the pig; or

(ii) in the case that there is a tattoo on the right shoulder of the pig and no tattoo on the right rump of the pig, on the right rump of the pig; or

(iii) in the case that there are tattoos on the right shoulder and right rump of the pig and no tattoo on the left rump of the pig, on the left rump of the pig; or

(iv) in the case that there are tattoos on the right shoulder, right rump and left rump of the pig, on whichever of those locations the tattoo is likely to be the most clearly visible; and

(b) the following details are recorded against the tattoo brand by the selling agent—

(i) the name and address of the person selling the pig;

(ii) the property identification code (if issued) or other details identifying the property from which the pig was dispatched.

Reg. 33(2) amended by S.R. No. 5/2024 reg. 18.

(2) The selling agent must keep the details recorded in accordance with subregulation (1)(b) for 2 years.

34 Cattle may be identified with temporary tags

(1) For the purposes of section 9 of the Act, in the case of cattle that is not identified by a NLIS device and a selling agent or a scale operator reasonably believes it is unsafe to attach a NLIS device and the cattle is to be sold in a saleyard or scale operation or slaughtered or disposed of at an abattoir or a knackery, the prescribed manner of identification is—

Reg. 34(1)(a) amended by S.R. No. 118/2018 reg. 17.

(a) a temporary tail tag in the form of Part C of Schedule 3 attached to the tail of the cattle, before the cattle leave the saleyard or scale operation; and

(b) that the selling agent or the scale operator who attaches a temporary tail tag under paragraph (a) records the following information against the tag number by the close of business on the day the temporary tag was attached—

(i) the name and address of the person selling the cattle;

(ii) the property identification code (if issued) identifying the property from which the cattle was dispatched;

(iii) the number on each temporary tail tag attached to the cattle and the date it was attached;

Reg. 34 (1)(b)(iv) amended by S.R. No. 5/2024 reg. 19(a).

(iv) the unique serial number on the vendor declaration accompanying the cattle;

Reg. 34 (1)(b)(v) inserted by S.R. No. 5/2024 reg. 19(b).

(v) the property identification code of the property of destination for the cattle.

Reg. 34(2) amended by S.R. No. 5/2024 reg. 19(c).

(2) A selling agent or scale operator must keep the information recorded in accordance with subregulation (1)(b) for 2 years.

Reg. 34(3) amended by S.R. No. 5/2024 reg. 19(d)(e).

(3) The selling agent or the scale operator who records information under subregulation (1)(b) must provide within 2 working days that information to the Secretary in the manner specified by the Secretary.

Reg. 35 (Heading) amended by S.R. No. 118/2018 reg. 18(1).

35 Non-functioning identification device or tag may be removed

(1) For the purposes of section 9A(2)(c) of the Act—

(a) a NLIS device may be removed if the device cannot be read with a reader; and

(b) a NLIS ear tag may be removed if the identifying numbers cannot be visually read.

Reg. 35(1A) inserted by S.R. No. 118/2018 reg. 18(2), amended by S.R. No. 5/2024 reg. 20.

(1A) A person who removes a NLIS device or NLIS ear tag from livestock under subregulation (1) must immediately after the removal—

(a) attach a new NLIS device or NLIS ear tag to the livestock in accordance with this Division; and

(b) provide to the Secretary or a person nominated by the Secretary, in the manner required by the Secretary, a record that specifies—

(i) the visually readable information printed on the NLIS device or NLIS ear tag that was removed, or if there is no visually readable information, a statement to that effect; and

(ii) the visually readable information on the replacement NLIS device or NLIS ear tag; and

(iii) in the case that a replacement NLIS device is used, the information recorded electronically on the replacement NLIS device.

(2) In this regulation reader means an instrument—

(a) that is used to scan a NLIS device; and

(b) that is capable of detecting and decoding the number encoded on the transponder in a NLIS device.

Reg. 36 substituted by S.R. No. 118/2018 reg. 19, amended by S.R. No. 5/2024 reg. 21.

36 Disposal of removed NLIS device or NLIS ear tag

A person who removes a NLIS device or NLIS ear tag from livestock must dispose of the NLIS device or NLIS ear tag in a manner that prevents its reuse.

Reg. 37 amended by S.R. No. 5/2024 reg. 22.

37 NLIS device not to be re-used without authority

A person must not without the approval of the Secretary use for the identification of livestock, a NLIS device that has previously been used to identify livestock.

Division 2—Identification of livestock brought into Victoria

38 Identification of livestock brought into Victoria

For the purposes of section 10(2)(a) of the Act, for a person who brings into Victoria any cattle, pig, sheep or goat from another State or a Territory of the Commonwealth, the prescribed requirements are—

(a) in the case of cattle, the cattle must be identified by means of a NLIS device that identifies the cattle in accordance with any laws relating to identification of livestock of the State or Territory from which the cattle was dispatched; and

(b) in the case of a pig, the pig must be identified by a tattoo or ear tag that contains the brand that identifies the property from which the pig was dispatched in accordance with any laws relating to identification of livestock of the State or Territory from which the pig was dispatched; and

(c) in the case of a sheep or a goat, the sheep or the goat must be identified by means of a NLIS device or a NLIS ear tag that identifies the sheep or the goat in accordance with any laws relating to identification of livestock of the State or Territory from which the sheep or the goat was dispatched; and

(d) that a consignment is accompanied by a completed and accurate vendor declaration; and

(e) any requirement determined by the Secretary.

Division 3—Permanent identification of livestock

39 Prescribed classes of livestock to be permanently identified

For the purposes of section 9A of the Act, the prescribed classes of livestock are pigs, sheep and goats.

40 Prescribed circumstances for permanent identification of prescribed classes of livestock

(1) For the purposes of section 9A(1)(b) of the Act, the prescribed circumstances, in the case of cattle, are—

(a) before the cattle are dispatched from the property at which they are being kept—

(i) to another property for grazing, feeding or exhibition if the other property has a different property identification code; or

(ii) to another property after private sale of the cattle; or

Reg. 40
(1)(a)(iii) amended by S.R. No. 95/2024 reg. 6.

(iii) to another property in any other circumstances other than those set out in section 9(1) of the Act; and

(b) in the case of cattle not permanently identified that are introduced to a property before being dispatched from that property.

(2) For the purposes of section 9A(1)(b) of the Act, the prescribed circumstances, in the case of a sheep or a goat are, before the sheep or the goat is removed from the property at which it is being kept to another property—

(a) for grazing, feeding or exhibition if that other property has a different property identification code; or

(b) after private sale of the sheep or the goat.

Division 4—General

Reg. 41 amended by S.R. No. 118/2018 reg. 20.

41 Livestock prescribed for the purposes of section 9B

For the purposes of section 9B(1) of the Act, the prescribed classes of livestock are camels, pigs, sheep, goats, horses, alpaca, llama, deer and poultry.

42 Applications for property identification code

(1) For the purposes of section 9B(3)(a) of the Act, the prescribed manner is—

(a) in writing in a form approved by the Secretary; or

Reg. 42(1)(b) amended by S.R. No. 5/2024 reg. 23(1).

(b) by electronic communication on the Internet site of the Department; or

(c) by sending to the Secretary by post, fax or by any other form or communication approved by the Secretary in writing in the form approved by the Secretary.

Reg. 42(2) substituted by S.R. No. 5/2024 reg. 23(2).

(2) For the purposes of section 9B(3)(b) of the Act, the following is the prescribed information—

(a) the name of the person making the application;

(b) the postal address, telephone number, facsimile number (if any) and email address of the person making the application;

(c) if the application is made by the person on behalf of a natural person—

(i) the name of the natural person; and

(ii) the postal address, telephone number, facsimile number (if any) and email address of the natural person;

(d) if the application is made by the person on behalf of a business—

(i) the name of the business; and

(ii) the ABN or ACN of the business; and

(iii) the postal address, telephone number, facsimile number (if any) and email address of the business;

(e) the name of the owner of the property;

(f) if the owner of the property changed in the 12 months before the application was made, the name and address of the former owner and the previous property identification code that was issued in relation to the property;

(g) the name of the person responsible for the husbandry of the livestock (if applicable);

(h) the type of property identification code that the person is applying for under section 9B of the Act;

(i) details of the property (including the shire, parish, rural address, council property number (if any) and grazing licence number (if applicable));

(j) the type and number of livestock on the property at the time of the application.

(3) For the purposes of paragraph (e) of the definition of livestock business in section 9B(7) of the Act, a prescribed class of business is—

(a) a business undertaken by a stock and station agent; or

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

(c) a business dealing with the displaying or exhibiting of livestock; or

(d) an artificial breeding centre.

(4) In this regulation council has the same meaning as in the Local Government Act 1989.

Reg. 43 amended by S.R. No. 5/2024 reg. 24.

43 NLIS tags and devices are specific to property

A person, other than a person approved by the Secretary, must not attach a NLIS device or NLIS ear tag to any livestock on a property if the property identification code visible on the NLIS ear tag or encoded on the NLIS device is not the property identification code allocated by the Secretary to that property.

Reg. 44 amended by S.R. No. 5/2024 reg. 25.

44 Tags, devices and tattoo brands to be returned where livestock no longer kept at property

The owner of any cattle or livestock of a class prescribed in regulation 39, in respect of which a property identification code has been issued, who permanently ceases to keep the cattle or the livestock on the property identified by the code must—

(a) immediately notify the Secretary of that fact; and

(b) return to the Secretary any unused ear tags or approved NLIS devices and any tattoo brands in the owner's possession that were used to identify the cattle, pigs, sheep or goats.

Reg. 45 amended by S.R. No. 5/2024 reg. 26.

45 Carcase to remain identified until tests carried out

An operator of an abattoir or knackery must, in respect of all cattle, pigs, sheep or goats ensure that any NLIS ear tag, NLIS device, tattoo or other identification tag that was attached to cattle, pigs, sheep or goats before being slaughtered is able to be related to the carcase of the cattle, pigs, sheep or goats until the carcase has passed all examinations and tests required to be carried out by the inspection and quality assurance process at that abattoir or knackery.

Part 6—Introduction of livestock, livestock
products, fodder or fittings into Victoria

Division 1—Certification of livestock,
livestock products, fodder or fittings introduced into Victoria

46 Prescribed manner of certification

For the purposes of section 10(2) and (3) of the Act, the following manner of certification is prescribed—

(a) in the case of cattle from Queensland, Western Australia or the Northern Territory, that is not being sent directly to an abattoir for slaughter, a certificate in the form of—

(i) Part A of Schedule 4 completed by the owner of the cattle 14 days or less before the introduction of the cattle into Victoria; and

(ii) Part B of Schedule 4 completed by an authorised officer;

(b) in the case of pigs from Western Australia or the area of Queensland north of the Tropic of Capricorn or the Northern Territory, that are not being sent directly to an abattoir for slaughter, a certificate in the form of—

(i) Part A of Schedule 5 completed by the owner of the pigs 14 days or less before the introduction of the pigs into Victoria; and

(ii) Part B of Schedule 5 completed by an authorised officer;

Reg. 46(c) substituted by S.R. No. 95/2024 reg. 7.

(c) in the case of bees, bee products, pollen or used beekeeping fittings, a certificate in writing, in the form approved by the Secretary, that contains the following information—

(i) the section of the Act to which the certification relates;

(ii) a description of the bees, bee products, pollen or used beekeeping fittings to which the certification relates;

(iii) the name of the owner or government apiary officer (as the case may be) who is providing the certification;

(iv) any information required by the Secretary for the purpose of preventing or managing the spread of diseases in bees, as specified in the approved form.

47 Owner must forward certificate to Secretary

(1) An owner of livestock who has completed a certificate in the manner prescribed under regulation 46(a) or (b) must give that certificate to the Secretary 48 hours or less after the introduction of the relevant livestock into
Victoria.

Reg. 47(2) substituted by S.R. Nos 5/2024 reg. 27, 95/2024 reg. 8.

(2) An owner of bees, bee products, pollen or used beekeeping fittings who has completed a certificate in the manner prescribed under regulation 46(c) must give that certificate to the Secretary at least 72 hours before the introduction of the bees, bee products, pollen or used beekeeping fittings to which the certificate relates into Victoria.

48 Copy of certificate must accompany livestock, livestock products etc.

(1) A person who introduces cattle or pigs into Victoria that are the subject of a certificate completed in the manner prescribed under regulation 46(a) or (b) must ensure that a copy of the certificate—

(a) accompanies the relevant cattle or pigs; and

(b) is given to the consignee specified in the certificate.

(2) A person who introduces any bees, bee products, pollen or used beekeeping fittings into Victoria that are the subject of a certificate completed in the manner prescribed under regulation 46(c) must ensure that a copy of the certificate—

(a) accompanies the bees, bee products, pollen or used beekeeping fittings; and

(b) is given to the consignee specified in the certificate.

Reg. 49 amended by S.R. No. 5/2024 reg. 28.

49 Consignee to retain copy of certificate

A consignee who has been given a copy of a certificate under regulation 48 must retain it for 3 months after the date of the certificate.

Division 2—Restrictions on introduction of livestock, livestock products, fodder or fittings into Victoria

50 Livestock subject to quarantine or restrictions on movement must not be introduced into Victoria

Reg. 50(1) amended by S.R. No. 95/2024 reg. 9(1).

(1) Subject to subregulation (3), a person must not, without the written approval of the Secretary, introduce into Victoria from any State or Territory of the Commonwealth any livestock (other than bees) which is—

(a) from a quarantine area under the laws of that State or Territory; or

(b) subject to restrictions on movement under the laws of that State or Territory.

(2) For the purposes of subregulation (1), the Secretary may give an approval subject to conditions (if any) if the Secretary is satisfied that the introduction of the livestock into Victoria is unlikely to lead to the transmission of disease from the livestock to other livestock or humans.

Reg. 50(3) inserted by S.R. No. 95/2024 reg. 9(2).

(3) Subregulation (1) does not apply if—

(a) the person has a permit under Part 3 of the Act that authorises the movement of the livestock into Victoria and the person complies with the permit; or

(b) the person acts in accordance with an order made under section 26(1), 29(1), or 32(1) of the Act that authorises the movement of livestock into Victoria.

51 Restrictions on introduction of cattle from Queensland, Western Australia and Northern Territory

A person must not introduce into Victoria any cattle from Queensland, Western Australia or the Northern Territory unless the cattle—

(a) is in good health and free from cattle tick; and

(b) travels by direct transport without being agisted or depastured en route except for any necessary stops for feeding and watering; and

(c) has been inspected by the owner required to complete Part A of Schedule 4 under regulation 46(a)(i), 14 days or less before introduction of the cattle.

52 Restrictions on introduction of pigs from the Northern Territory, Western Australia or Queensland

A person must not introduce into Victoria any pig from any area of Western Australia or Queensland north of the Tropic of Capricorn, or the Northern Territory unless—

(a) it comes from a herd—

(i) recognised as being free of swine brucellosis under the laws of that State or Territory of the Commonwealth; or

(ii) in which swine brucellosis is not known to exist and the pig has, 30 days or less before entry into Victoria, been subjected to a blood test for swine brucellosis and the test has given a negative result; and

(b) the pig is in good health and not under surveillance because of disease; and

(c) the pig has been inspected by the owner required to complete Part A of Schedule 5 under regulation 46(b)(i), 14 days or less before introduction of the pig.

Reg. 53 (Heading) amended by S.R. No. 5/2024 reg. 29(1).

53 Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings from an area subject to restrictions on movement in other Commonwealth jurisdiction

(1) Subject to regulation 54(2), a person must not, without the written approval of the Secretary, introduce into Victoria any bees, bee products, pollen or used beekeeping fittings from an apiary that is under the laws of the State or Territory of the Commonwealth in which the apiary is located—

(a) in a quarantine area in respect of a disease of bees; or

(b) in an area subject to restrictions on the movement of bees, bee products, pollen or beekeeping fittings due to a disease of bees.

(2) For the purposes of subregulation (1), the Secretary may give an approval subject to conditions (if any) if the Secretary is satisfied that the introduction of the bees, bee products, pollen or used beekeeping fittings into Victoria is unlikely to lead to the transmission of disease from the bees, bee products, pollen or used beekeeping fittings to other livestock or humans.

Reg. 53(3) inserted by S.R. No. 5/2024 reg. 29(2).

(3) Subregulation (1) does not apply if—

(a) the person has a permit under Part 3 of the Act that authorises the movement of the bees, bee products, pollen or used beekeeping fittings into Victoria and the person complies with the permit; or

(b) the person acts in accordance with an order made under section 26, 29, or 32 of the Act that authorises the movement of the bees, bee products, pollen or used beekeeping fittings into Victoria.

54 Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings—disease of bees

(1) Subject to subregulation (2), a person must not introduce into Victoria any bees (including queen cells, queen bees, escorts, packaged bees), bee products, pollen or used beekeeping fittings unless they are—

Reg. 54(1)(a) amended by S.R. No. 42/2019 reg. 6.

(a) from an apiary recognised under the laws of the State or Territory of the Commonwealth in which the apiary is located as not showing symptoms of American foulbrood disease; and

(b) from hives not showing field symptoms of any other disease of bees.

Reg. 54(2) amended by S.R. No. 42/2019 reg. 6.

(2) A person may introduce into Victoria any honey, beeswax or pollen, used beekeeping fittings or hives affected by American foulbrood disease if—

Reg. 54(2)(a) amended by S.R. No. 42/2019 reg. 6.

(a) the pollen and used beekeeping fittings have been sufficiently irradiated by gamma radiation to eliminate any American foulbrood disease before introduction; or

(b) the honey, beeswax, pollen or used beekeeping fittings are placed in containers which are (except for containers placed inside a larger container and in that case only the larger container is labelled) labelled with weather-proof labels setting out—

(i) the name of the owner of the apiary from which the honey, beeswax, pollen or fittings originated or the name of the owner's agent; and

Reg. 54(2)
(b)(ii) amended by S.R. No. 42/2019 reg. 6.

(ii) a contact telephone number of an inspector and the words "This load contains American foulbrood diseased material which is highly infectious to honey bees. In the event of an accident contact an apiary inspector appointed under the Livestock Disease Control Act 1994 as soon as possible"; or

Reg. 54(2)(c) amended by S.R. No. 42/2019 reg. 6.

(c) the person ensures that the honey or beeswax is treated at a processing plant approved by the Secretary to eliminate the American foulbrood disease immediately after its introduction into Victoria; or

Reg. 54(2)(d) amended by S.R. No. 42/2019 reg. 6.

(d) the person ensures that the pollen or used beekeeping fittings will be sufficiently irradiated by gamma radiation to eliminate any American foulbrood disease at a plant approved by the Secretary, immediately after its introduction into Victoria.

Reg. 55 revoked by S.R. No. 5/2024 reg. 30.

56 Prescribed requirement—introduction of comb honey

For the purposes of section 10(2)(a) of the Act, it is a prescribed requirement that any comb honey from an apiary in Tasmania is not introduced into Victoria unless before the comb honey is introduced—

(a) the comb honey is frozen to minus 15 degrees centigrade and held at that temperature for 24 hours; and

(b) the comb honey is stored and transported in bee-free containers or transport vehicles; and

(c) the comb honey is cut and packed in a bee‑free area; and

(d) no other comb honey is on the premises whilst the comb honey is being processed; and

(e) copies of a temperature data log endorsed by the government apiary officer who completes the certificate referred to in regulation 46 accompany those certificates.

57 Prescribed requirement—introduction of pollen

For the purposes of section 10(2)(a) of the Act, it is a prescribed requirement that any pollen for feeding to bees is not introduced into Victoria unless—

(a) it has been irradiated to a minimum 15 kilogray before introduction; or

(b) the person ensures that the pollen will be so irradiated immediately after its introduction.

Reg. 58 amended by S.R. No. 5/2024 reg. 31.

58 Offence to feed pollen not irradiated to bees

A person must not feed to bees, pollen that has been introduced into Victoria, unless the pollen has been irradiated to a minimum 15 kilogray before or immediately after its introduction.

Part 7—Testing for diseases

59 Testing for diseases

Reg. 59(1) substituted by S.R. No. 118/2018 reg. 21(1).

(1) For the purposes of section 16(2A)(f) of the Act, the information prescribed is the animal identifier of the livestock from which the sample or specimen was taken.

Reg. 59(1A) inserted by S.R. No. 118/2018 reg. 21(1).

(1A) For the purposes of section 16(2B)(f) of the Act, the following information is prescribed—

(a) the animal identifier of the livestock from which the sample or specimen was taken;

(b) a brief description of the sample or specimen submitted;

(c) a brief description of the test, analysis or the diagnostic examination performed on the sample or specimen;

(d) a brief description of the results of the test, analysis or diagnostic examination;

(e) any comments on the relevance of the test, analysis or diagnostic examination performed;

(f) any provisional and final diagnosis in relation to the test, analysis or diagnostic examination.

(2) For the purposes of section 16(3)(a) of the Act the prescribed standard is—

(a) in the case of the determination of whether or not a sample or specimen is infected with a disease—ANZSDP; or

(b) in any other case, the relevant part of the ASDT for a disease.

Reg. 59(3) substituted by S.R. No. 118/2018 reg. 21(2).

(3) For the purposes of section 16(4) of the Act, the prescribed standard is AS ISO/IEC 17025:2018 General requirements for the competence of testing and calibration laboratories published on 16 April 2018, as amended and in force from time to time.

60 Records to be kept in relation to laboratory examinations

For the purposes of section 16(3)(b) of the Act, the following are the prescribed records—

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

(b) a record of the name and address of the owner of the livestock from which the sample or specimen is submitted;

(c) a record of the name and address of the person submitting the sample or specimen;

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

(e) a record of the animal identifier;

(f) a record of a brief description of the sample or specimen submitted;

(g) a record of a brief description of the test, analysis or the diagnostic examination performed on the sample or specimen;

(h) a record of a brief description of the results of the test, analysis or diagnostic examination;

(i) a record of any comments on the relevance of the test, analysis or diagnostic examination performed;

Reg. 60(j) amended by S.R. No. 118/2018 reg. 22(1).

(j) a record of any provisional and final diagnosis in relation to the test, analysis or diagnostic examination;

Reg. 60(k) inserted by S.R. No. 118/2018 reg. 22(2).

(k) a record of a sample or specimen submitted to the laboratory, in a form fixed in formalin;

Reg. 60(l) inserted by S.R. No. 118/2018 reg. 22(2).

(l) a record of a sample or specimen produced by the laboratory, in a form embedded in paraffin.

Reg. 61 substituted by S.R. No. 118/2018 reg. 23.

61 Period that records are to be kept

For the purposes of section 16(3)(b) of the Act, a record referred to in regulation 60 must be kept for 7 years after—

(a) in the case of records referred to in regulation 60(a) to (j), the date that the prescribed record is submitted to the Secretary; and

(b) in the case of a record referred to in regulation 60(k), the date the sample or specimen was submitted to the laboratory; or

(c) in the case of a record referred to in regulation 60(l), the date that the sample or specimen was produced by the laboratory.

Reg. 62 (Heading) amended by S.R. No. 118/2018 reg. 24(1).

Reg. 62 amended by S.R. No. 118/2018 reg. 24(2).

62 Time and manner of submitting records to the Secretary

For the purposes of section 16(3)(b) of the Act, the prescribed time and manner for submitting records referred to in regulation 60(a) to (j) to the Secretary is—

(a) in the case of a disease listed in Part A of Schedule 2, immediately after the test, analysis or diagnostic examination is completed, by hand delivery or electronic transmission; and

(b) in the case of a disease listed in Part B of Schedule 2, within 7 days after the test, analysis or diagnostic examination is completed, by hand delivery, post or electronic transmission; and

(c) in the case of an exotic disease, immediately after the test, analysis or diagnostic examination is completed, by hand delivery or electronic transmission.

Part 8—Prevention of spread of disease

Division 1—Vaccinating of livestock

63 Requirement to vaccinate for Newcastle disease

Reg. 63(1) amended by S.R. No. 5/2024 reg. 32.

(1) An owner of a commercial flock of poultry, other than an owner who holds an approval given by the chief veterinary officer, must ensure that all chickens in the commercial flock of poultry are vaccinated and serologically monitored in accordance with the Newcastle Disease Management Plan.

Reg. 63(2) amended by S.R. No. 5/2024 reg. 32.

(2) An owner of a commercial flock of poultry, other than an owner who holds an approval given by the chief veterinary officer, must ensure that any chickens introduced into the flock—

(a) have been vaccinated in accordance with the Newcastle Disease Management Plan; and

(b) are accompanied by a vendor declaration that includes the following particulars—

(i) the age and number of chickens;

(ii) the date of vaccination and type of Newcastle disease vaccine administered.

Reg. 63(3) amended by S.R. No. 5/2024 reg. 32.

(3) An owner of a commercial flock of poultry must on the direction of the chief veterinary officer, submit the chickens for sampling for Newcastle disease to a veterinary practitioner or an inspector approved by the Secretary.

Reg. 63(4) amended by S.R. No. 5/2024 reg. 32.

(4) An owner of a commercial flock of poultry must notify the chief veterinary officer of any adverse reaction or suspected adverse reaction to any Newcastle disease vaccine administered to the commercial flock of poultry within 48 hours of the vaccination being administered.

Reg. 63(5) amended by S.R. No. 5/2024 reg. 32.

(5) An owner of a commercial flock of poultry must from the date of the administration of a Newcastle disease vaccine to the commercial flock of poultry keep for 3 years the following records—

(a) any vendor declarations received for chickens introduced to the commercial flock of poultry;

(b) any records of the type of Newcastle disease vaccine administered to the commercial flock of poultry and the date, location and age and number of chickens vaccinated;

(c) any records of serological monitoring of the commercial flock of poultry for Newcastle disease.

(6) A person other than a person who holds an approval of the chief veterinary officer, must ensure that chickens introduced into a commercial flock of poultry—

(a) have been vaccinated in accordance with the Newcastle Disease Management Plan; and

(b) are accompanied by a vendor declaration that includes the following particulars—

(i) the age and number of the chickens;

(ii) the date of vaccination and type of Newcastle disease vaccine administered.

(7) In this regulation an owner means an owner of a commercial flock of poultry but does not include—

(a) an owner of a commercial flock of poultry who is the holder of a permit issued under section 30(2) of the Act who is operating in accordance with that permit while that permit is in force; or

(b) an owner of a commercial flock of poultry tested by a veterinary diagnostic laboratory registered by the Secretary under section 16(1) of the Act found to not contain a pathogen capable of causing disease.

64 Restrictions on the use of vaccines for certain diseases

Reg. 64(1) amended by S.R. No. 5/2024 reg. 33.

(1) A person other than a person who is authorised by the Secretary under regulation 65, must not administer a vaccine to any livestock for the control or treatment of anthrax or any exotic disease.

Reg. 64(2) amended by S.R. No. 5/2024 reg. 33.

(2) A person who is authorised under regulation 65 must comply with any condition that applies to that authorisation.

Reg. 64(3) amended by S.R. No. 5/2024 reg. 33.

(3) In the case that a person authorised under regulation 65 is not the owner of the livestock to be vaccinated, the owner of the livestock must not without reasonable excuse refuse or fail to provide such assistance as a person or a class of persons authorised under regulation 65 may reasonably require to administer a vaccine to the owner's livestock.

65 Authorisation of person or class of person to administer vaccine

(1) The Secretary, by instrument, may authorise a person or class of persons to administer a vaccine to any livestock for the control or treatment of anthrax or an exotic disease.

(2) The terms and conditions of an authorisation of a person or class of persons under subregulation (1) may—

(a) direct that an authorisation is limited to specific livestock or class of livestock; and

(b) direct that an authorisation is limited to a specific vaccine; and

(c) contain general directions as to how the person's authorisation may be exercised; and

(d) impose conditions, requirements or restrictions which may include—

(i) requirements for mustering, separation or isolation for vaccination, during vaccination or for a specified period after vaccination; or

(ii) restrictions on slaughter of the livestock for human consumption; or

(iii) requirements for, or restrictions on the sale or export from Victoria of the livestock.

(3) The Secretary, in writing, may vary or revoke the authorisation of a person or a class of persons at any time.

66 Requirement for vaccination for anthrax

(1) An inspector, by notice in writing, may require an owner of livestock to vaccinate the owner's livestock and any other livestock born on or introduced to a property on which the livestock is kept during the period specified in the notice if the inspector believes on reasonable grounds that—

(a) livestock are infected with anthrax; or

(b) livestock are at risk of becoming infected with anthrax; or

(c) anthrax is present on a property on which the livestock is kept; or

(d) there is a risk that anthrax may be present on a property on which the livestock is kept.

(2) A notice given under this regulation may—

(a) apply to livestock of a specified species; or

(b) specify the period within which the notice applies; or

(c) require one or more vaccinations over a period that the notice applies; or

(d) require vaccination to occur within a specified time including a specified time of a year or at a specified age of the livestock; or

(e) require the livestock to be identified in a specified manner prior to the livestock being submitted for vaccination; or

(f) impose conditions, requirements or restrictions relating to the livestock or specified species of livestock to which the notice applies which may include—

(i) requirements for mustering, separation or isolation of the livestock for vaccination, during vaccination or for a specified period after vaccination; or

(ii) restrictions on slaughter of the livestock for human consumption; or

(iii) requirements for, or restrictions on the sale or export from Victoria of the livestock.

(3) An owner given a notice under this regulation must comply with the notice and any conditions or restrictions imposed under the notice.

Reg. 67 (Heading) substituted by S.R. No. 118/2018 reg. 25(1).

Reg. 67 amended by S.R. Nos 118/2018 reg. 25(2), 5/2024 reg. 34.

67 Keeping of babesiosis vaccinated livestock in Victoria prohibited

A person must not keep in Victoria, livestock vaccinated for babesiosis unless—

(a) the Secretary has approved the keeping of the livestock due to the livestock being injured or unable to travel; or

(b) the livestock is to be dispatched for slaughter at an abattoir or disposal at a knackery; or

(c) the livestock is identified with an approved NLIS device and the Secretary is notified of the vaccination.

Reg. 68 amended by S.R. No. 5/2024 reg. 35.

68 Notice to Secretary

A person engaged in administering any vaccine, serum or diagnostic agent to livestock must, within 48 hours after the administration, notify the Secretary of any livestock that—

(a) shows evidence of infection with the disease that is the subject of the vaccine, serum or diagnostic agent; or

(b) shows an adverse reaction to the vaccine, serum or diagnostic agent.

Reg. 69 substituted by S.R. No. 118/2018 reg. 26, amended by S.R. No. 5/2024 reg. 36.

69 Identification of cattle vaccinated for Johne's disease

A person vaccinating cattle for Johne's disease must ensure that the cattle are identified—

(a) by a three hole ear punch in an ear of the cattle; or

(b) in any other manner approved by the Secretary.

Division 2—Dairy produce

Reg. 70 amended by S.R. No. 5/2024 reg. 37.

70 Treatment of dairy produce for use as livestock food

A person must not remove skim milk, butter milk or whey from any premises where dairy produce is received for the purpose of feeding it to livestock unless it—

(a) has been heated to a temperature of not less than 71°C and held at that temperature for at least 15 seconds; or

(b) was derived from dairy produce which has been subjected to one of the following heat treatment procedures—

(i) held at a temperature of not less than 63°C for not less than 30 minutes;

(ii) held at a temperature of not less than 71°C for not less than 15 seconds;

(iii) held at a temperature of not less than 82°C for not less than 2 seconds;

(iv) held at a temperature of not less than 132°C for not less than 1 second.

Division 3—Exotic disease agents

71 Handling and use of exotic disease agents

For the purposes of section 39(2) of the Act, a person who has the authority of the Secretary must maintain the exotic disease agent—

Reg. 71(a) amended by S.R. No. 5/2024 reg. 38(a).

(a) within the security of the building that is the office of the Australian Centre for Disease Preparedness, at 5 Portarlington Road East Geelong, Victoria or any subsequent address of that office; or

Reg. 71(b) substituted by S.R. No. 5/2024 reg. 38(b).

(b) within any other laboratory approved by the Secretary if the exotic disease agent—

(i) is maintained under any conditions imposed by the Secretary; and

(ii) is used for a purpose authorised by the Secretary, which is limited to handling and using the exotic disease agent to perform tests, prepare reagents for tests or to undertake research to prevent, monitor and control exotic diseases in livestock or to protect public health.

Pt 8 Div. 3A (Heading and reg. 71A) inserted by S.R. No. 5/2024 reg. 39.

Division 3A—Exposed cattle and pigs

Reg. 71A inserted by S.R. No. 5/2024 reg. 39.

71A Exposed cattle or pigs

(1) For the purposes of section 44A(2)(a) of the Act—

(a) the prescribed manner is that the notification must be in writing; and

(b) the prescribed period is within 7 days of the owner of the relevant land becoming aware that cattle or pigs on that land are exposed cattle or pigs.

(2) For the purposes of section 44A(2)(b) of the Act, the prescribed information is—

(a) the date of the notification; and

(b) the name, address and telephone number of the person providing the notification; and

(c) the name and address of the owner of the exposed cattle or pigs (if known); and

(d) the address or a description of the relevant land; and

(e) a description of the nature of the exposure; and

(f) the property identification code identifying the property at which the exposed cattle or pigs are usually kept (if known); and

(g) whether the exposed cattle or pigs are cattle, pigs or a combination of both; and

(h) the number of exposed cattle or pigs; and

(i) the number of cattle or pigs on the relevant land that are not exposed cattle or pigs; and

(j) the measures taken, or proposed to be taken, to limit the exposure of cattle or pigs on the relevant land.

(3) A person who is required to notify the Secretary under section 44A(1) of the Act must retain any documents evidencing the exposure of the exposed cattle or pigs for a period of 2 years after the person was required to give the notification.

(4) In this regulation—

exposed cattle or pigs has the same meaning as in section 42(1) of the Act;

relevant land has the same meaning as in section 44A(4) of the Act.

Division 4—Dairying animals

72 Identification of cows, goats, sheep or buffalo prohibited for dairying

For the purposes of section 45(1)(b) of the Act, the prescribed manner of branding is by way of an ear tag in the form of Part M of Schedule 3.

Division 5—Bees

73 Hives to be marked with registered brand

For the purposes of section 50(1) of the Act, the prescribed manner for marking or branding a hive is to burn, stencil, paint, endorse, stamp, carve or etch the letters, figures or symbols constituting the registered brand so that the brand is clear and legible and not less than 19 millimetres in height.

74 Disposal and acquisition of hives

For the purposes of section 51(1) of the Act, the prescribed form is the form in Schedule 8.

Reg. 74A inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 40.

74A Visual examination of hives for disease

A beekeeper must visually examine each hive kept by the beekeeper for the presence of disease 2 or more times in any 12-month period with a minimum of 4 months between 2 examinations.

Reg. 74B inserted by S.R. No. 42/2019 reg. 7.

74B Testing of hives for arthropod bee disease

Reg. 74B(1) amended by S.R. No. 5/2024 reg. 41.

(1) A beekeeper must test one hive per apiary kept by the beekeeper for the presence of arthropod bee disease 2 or more times in any 12-month period with a minimum of 4 months between 2 tests.

Reg. 74B(2) amended by S.R. No. 5/2024 reg. 41.

(2) A beekeeper must test for arthropod bee disease under subregulation (1) by using the drone uncapping method and—

(a) the sugar shake method; or

(b) the alcohol wash method.

Reg. 74C inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 42.

74C Testing for the presence of American foulbrood disease

A commercial beekeeper must provide annually a pooled honey sample to a laboratory for testing for the presence of American foulbrood disease.

Reg. 74D inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 43.

74D Action taken to control disease in a hive

A beekeeper must take action to control any disease in a hive kept by the beekeeper.

Reg. 74E inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 44.

74E Hives that no longer contain a colony of bees

If a hive kept by a beekeeper no longer contains a colony of bees, the beekeeper must remove the hive from the apiary and render the hive inaccessible to robber bees.

Reg. 74F inserted by S.R. No. 42/2019 reg. 7.

74F Action taken to strengthen a weak hive

Reg. 74F(1) amended by S.R. No. 5/2024 reg. 45.

(1) A beekeeper must take action to strengthen a weak hive kept by the beekeeper.

(2) Without limiting subregulation (1), a beekeeper may take action to strengthen a weak hive by—

(a) reducing the entrance size of the hive; or

(b) reducing the size of the hive; or

(c) providing additional food for the bees; or

(d) requeening the hive; or

(e) supplementing the number of bees in the hive by adding healthy bees from another hive; or

(f) uniting weak hives.

Reg. 74G inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 46.

74G Abandonment of hives

A beekeeper must not abandon a hive previously kept by the beekeeper.

Reg. 74H inserted by S.R. No. 42/2019 reg. 7.

74H Bees, hives and beekeeping fittings no longer required for beekeeping

Reg. 74H(1) amended by S.R. No. 5/2024 reg. 47.

(1) A beekeeper must ensure that any bees kept by the beekeeper that are no longer required for beekeeping are—

(a) sold; or

(b) given away; or

(c) destroyed.

Reg. 74H(2) amended by S.R. No. 5/2024 reg. 47.

(2) A beekeeper must ensure that any hives, beekeeping fittings or beekeeping livestock products that are not being used for beekeeping are—

(a) treated or stored in a manner that renders the hives, beekeeping fittings or beekeeping livestock products inaccessible to bees; or

(b) sold; or

(c) given away; or

(d) destroyed.

Reg. 74I inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 48.

74I Offence to sterilise or destroy hives or beekeeping fittings infected with American foulbrood disease before notifying an inspector

A beekeeper must not sterilise or destroy a hive or beekeeping fittings before notifying an inspector that the hive is infected with American foulbrood disease under section 7(1) of the Act.

Reg. 74J inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 49.

74J Sale or use of hives or beekeeping fittings that have been infected with American foulbrood disease

A person must not sell or use a hive or beekeeping fittings which have been infected with American foulbrood disease, or have come into contact with other hives or beekeeping fittings infected with American foulbrood disease, unless the hive or beekeeping fittings have been sterilised.

Reg. 74K inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 50.

74K Offence to wax dip certain items that have been infected with American foulbrood disease

A beekeeper must not wax dip plastic frames, honeycombs, hive mats or plastic parts that have been infected with American foulbrood disease.

Reg. 74L inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 51.

74L Offence to use antibiotics to treat hives infected with American foulbrood disease

A beekeeper must not use an antibiotic to treat a hive infected with American foulbrood disease.

Reg. 74M inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 52.

74M Construction of hives

A beekeeper must ensure that a hive kept by the beekeeper—

(a) is only accessible to bees from openings specifically designed and manufactured for the purpose of providing bee access; and

(b) is otherwise constructed and maintained to have intact external surfaces.

Reg. 74N inserted by S.R. No. 42/2019 reg. 7.

74N Swarm catch boxes

Reg. 74N(1) amended by S.R. No. 5/2024 reg. 53.

(1) A person must not use a swarm catch box that contains honey, brood, pollen or foundation that has previously been worked by bees.

Reg. 74N(2) amended by S.R. No. 5/2024 reg. 53.

(2) A person must not use a swarm catch box unless—

(a) the swarm catch box is marked with the following information—

(i) the name of the person;

(ii) if the person is a registered beekeeper, the registered brand of the beekeeper;

(iii) the contact telephone number of the person; and

(b) the marked information referred to in paragraph (a) is legible and not less than 19 millimetres in height.

Reg. 74O inserted by S.R. No. 42/2019 reg. 7, amended by S.R. No. 5/2024 reg. 54.

74O Bees to have access to water

A beekeeper must provide sufficient water to sustain bees kept by the beekeeper.

Reg. 74P inserted by S.R. No. 42/2019 reg. 7.

74P Records to be kept in relation to beekeeping

Reg. 74P(1) amended by S.R. No. 5/2024 reg. 55.

(1) A beekeeper must keep the following legible records—

(a) in relation to visual examination of hives for disease under regulation 74A—

(i) the date of examination; and

(ii) an assessment of the strength of the hives in the apiary; and

(iii) the diseases found in the hives (if any);

(b) in relation to testing of hives for arthropod bee disease under regulation 74B—

(i) the date of testing; and

(ii) the method of testing (drone uncapping and sugar shake or alcohol wash); and

(iii) an assessment of the strength of the hive;

(c) in relation to testing for American foulbrood disease, including a test under regulation 74C—

(i) the date of collection of the honey sample or brood sample; and

(ii) the laboratory report of the test;

(d) the details of actions taken to control any disease in a hive kept by the beekeeper;

(e) in relation to the movements of hives and swarm catch boxes—

(i) the dates the hives and swarm catch boxes were moved; and

(ii) the number of hives and swarm catch boxes moved; and

(iii) the address of the property from which the hives and swarm catch boxes were moved; and

(iv) the address of the property to which the hives and swarm catch boxes were moved;

(f) in relation to the introductions of bees, used hives or hive components into a beekeeper's apiary from another location within Victoria—

(i) the date of introduction; and

(ii) the location of origin of the bees, used hives or hive components; and

(iii) the location where the bees, used hives or hive components are being introduced; and

(iv) if the bees, used hives or hive components were supplied by, or sourced from, another person, the name, address and contact details of that person.

Reg. 74P(2) amended by S.R. No. 5/2024 reg. 55.

(2) A beekeeper must retain a record made under subregulation (1) for a period of 3 years.

Division 6—Artificial breeding

75 Record of sales of semen from sires

(1) For the purposes of section 55(4) of the Act, the prescribed records are the following—

(a) a record of the address of the premises from which the semen was received;

(b) a record of the premises at which the semen was collected from the sire;

(c) a record of the identity of the sire from which the semen was collected;

(d) a record of the batch number of the semen;

(e) a record of a statement as to whether the semen was chilled or frozen when sold;

(f) a record of the name and address of the person to whom the semen was sold;

(g) a record of the date on which the semen was sold;

(h) in the case of semen that is not sold a record of—

(i) the particulars of any semen stored at the premises; or

(ii) the method and date of disposal of the semen.

(2) For the purposes of section 55(4) of the Act, the prescribed manner is that the records prescribed under subregulation (1) must be completed and reconciled at least once a month.

76 Health of livestock must be declared annually

For the purposes of section 98(2) of the Act the prescribed conditions of a licence granted under section 98(1) in respect of section 57 are—

(a) that the licensee before 15 January each year ensure that—

(i) a certificate in the form of Part A of Schedule 9 as to the health of the livestock on the premises for the preceding calendar year is certified
by a veterinary practitioner; and

(ii) a statement in the form of Part B of Schedule 9 as to the health of the livestock on the premises is made by the licensee of the premises; and

(b) that the licensee ensure as soon as practicable after a certificate is certified and a statement is made under paragraph (a) that the certificate and the statement are given to the Secretary.

Part 9—Compensation

Reg. 77 revoked by S.R. No. 5/2024 reg. 56.

Reg. 78 revoked by S.R. No. 5/2024 reg. 57.

79 Prescribed manner of applying for compensation

(1) Subject to subregulation (2) for the purposes of section 88(1) of the Act, the prescribed manner is—

(a) that an application is made in writing to the Secretary; and

(b) that an application is accompanied by the following information—

(i) details of the numbers of, description of, condition of, and disease which affected, any livestock, premises, livestock products, fodder, fittings or vehicles which were or are to be destroyed or disinfected;

(ii) the market value of each item of property referred to in paragraph (i);

(iii) the agreement of the owner to the valuation of each item of property;

(iv) a certificate of an inspector stating that each item of property was destroyed or disinfected in accordance with an order by an inspector;

(v) the date of destruction of each item of property;

(vi) a declaration by the claimant as to the claimant's and any other person's interest in or entitlement over each item of property;

(vii) the property identification code (if any) relating to any livestock that is the subject of an application.

(2) For the purposes of section 88(1) of the Act, in the case of an application for compensation for a carcase or portion of a carcase condemned as unfit for human consumption under the Meat Industry Act 1993 the prescribed manner is—

(a) that the application is made in writing to the Secretary; and

(b) that the application is accompanied by the following information—

(i) details of the number, description and condition of the livestock prior to slaughter;

(ii) details of the disease which affected the carcase or portion of carcase of the livestock after slaughter;

(iii) details of the value claimed for each of the carcases that were condemned;

(iv) the animal identifier incorporated in the microchip contained in any NLIS device or the NLIS number printed on that device attached to the livestock before slaughter;

(v) details of any tail tag, ear tag or tattoo brand (as the case may be) borne by the livestock before slaughter;

(vi) certification of the details of condemnation by a person responsible for quality assurance under the Meat Industry Act 1993;

(vii) the date of destruction of the condemned carcase;

(viii) a copy of the invoice issued under section 95(5), 95A(5) or 95B(5) of the Act for the purchase of the livestock or carcase.

80 Time limits for applying for compensation

For the purposes of section 88(1) of the Act, the prescribed time limit is—

(a) in the case of a compensatable exotic disease, within 30 days from—

(i) the date of the destruction or death of any domestic livestock; and

(ii) the date of destruction of any premises, livestock product, fodder, fittings or vehicle; and

(b) in the case of a compensatable disease in respect of bees, sheep, goats, cattle or swine, within 30 days from—

(i) the date on which any livestock was destroyed; or

(ii) in the case of any livestock that dies before being destroyed, the date on which it died after being ordered to be destroyed by an inspector; and

(c) in the case of a compensatable disease in respect of bees, within 30 days from the date on which any bee product, beekeeping fittings or other article was destroyed or disinfected; and

(d) in the case of an application for compensation pursuant to which section 79E(c) of the Act applies, within 30 days or such other period approved by the chief veterinary
officer.

Part 10—Records of sale, purchase and movement of livestock

Division 1—General

81 Definitions and interpretation

(1) In this Part—

livestock manager means in relation to a property the person responsible for the husbandry of livestock at that property;

scale operation includes any business that purchases cattle by live weight or price per head.

(2) In this Part a property identification code in relation to livestock that have been introduced from, or that are to be dispatched to, another State or Territory of the Commonwealth includes an identification code or number issued in accordance with a law of that State or Territory that corresponds with section 9B of the Act.

(3) In this Part, if livestock are dispatched from one property to another and a property identification code identifying the property that the livestock were dispatched to or from has not been issued by the Secretary under section 9B of the Act or in accordance with a corresponding law of another State or a Territory of the Commonwealth (as the case requires), the address of the property (not being a saleyard) on which the livestock were kept before being dispatched or are to be kept after being dispatched may be used.

82 Records about livestock sold

(1) For the purposes of section 94A(1) of the Act—

(a) the prescribed species of livestock are the following—

(i) cattle;

(ii) sheep;

(iii) goats;

(iv) deer;

Reg. 82(1)(a)(v) amended by S.R. No. 118/2018 reg. 27(1).

(v) pigs;

Reg. 82(1)(a)(vi) inserted by S.R. No. 118/2018 reg. 27(2).

(vi) horses;

Reg. 82(1)(a)(vii) inserted by S.R. No. 118/2018 reg. 27(2).

(vii) donkeys; and

(b) a prescribed business is the business of carrying on as an auctioneer; and

(c) the prescribed particulars are the following—

(i) the name and address of the seller;

(ii) the date of the sale;

(iii) the location of the sale;

(iv) a description of the livestock including species, age and sex;

(v) the number of head in the sale lot;

(vi) the name, address and property identification code of the purchaser;

(vii) if stated in the vendor declaration, whether the livestock were bred by the vendor;

(viii) in the case of cattle, sheep or goats the property identification code identifying the property where the cattle, sheep or goats were kept before the sale (not being the saleyard or scales operation where the cattle, sheep or goats were sold);

(ix) in the case of cattle, the property identification code identifying the property where the cattle are to be kept after the sale (if provided by the purchaser of the cattle).

83 Records about livestock purchased

(1) For the purposes of section 94A(2) of the Act—

(a) a prescribed business is the business of carrying on as—

(i) a cattle scale operator; or

(ii) a farmer; or

(iii) a grazier; or

(iv) a livestock buyer; and

(b) a prescribed species of livestock is cattle, sheep or goats; and

(c) the prescribed particulars about the cattle, sheep or goats are the following—

(i) the name and address of the purchaser;

(ii) the property identification code identifying the property at which the cattle, sheep or goats are to be taken after the purchase;

(iii) whether the cattle, sheep or goats are to be dispatched directly to an abattoir or knackery for slaughter or disposal within 7 days of its purchase.

(2) For the purposes of section 94A(2)(b) of the Act, a prescribed seller is a person who carries on business as—

(a) an auctioneer; or

(b) a cattle scale operator; or

(c) a selling agent.

84 Notification about slaughter or disposal of livestock

For the purposes of section 94B(a)(iv) of the Act, the prescribed information in the case of individual cattle, other than calves which are less than 6 weeks of age, is—

(a) the weight of the carcase prior to chilling and after bleeding, skinning, evisceration and trimming (hot standard carcase weight); or

(b) the weight of the carcase immediately after slaughter prior to the evisceration and the removal of the hide (slaughter weight).

Reg. 84A inserted by S.R. No. 118/2018 reg. 28, substituted by S.R. No. 5/2024 reg. 58.

84A Requirement to include identifiable information in advertisement for sale of livestock

(1) A person (other than a livestock agent) who proposes to sell cattle, or livestock of a class of livestock prescribed under regulation 41, must ensure the property identification code identifying the property at which the cattle or livestock are
kept is included in any advertisement to sell the cattle or livestock.

(2) A livestock agent who proposes to sell cattle, or livestock of a class of livestock prescribed under regulation 41, must ensure that any advertisement to sell the cattle or livestock includes either—

(a) the property identification code identifying the property at which the cattle or livestock are kept; or

(b) the name and street address or contact telephone number of the livestock agent.

(3) A person must not publish an advertisement to sell cattle, or livestock of a class of livestock prescribed under regulation 41, unless the advertisement contains—

(a) the property identification code identifying the property at which the cattle or livestock are kept; or

(b) if sold by a livestock agent, the name and the street address or contact telephone number of the livestock agent.

(4) In this regulation, sell includes barter or give away.

Pt 10 Div. 2 (Heading) amended by S.R. No. 118/2018 reg. 29.

Division 2—Information about the movement of cattle, sheep, goats and pigs

85 Definitions

In this Division—

Reg. 85 def. of cattle movement information amended by S.R. No. 118/2018 reg. 30(1)-(3).

cattle movement information means in respect of cattle the following information—

(a) the animal identifier and number incorporated in the microchip contained in the NLIS device used to identify the cattle;

(b) the serial number on any vendor declaration form accompanying the cattle;

(c) the date on which (as the case requires)—

(i) the cattle were sold or passed in at the public auction or weighed, sold or passed in at the scale operation (as applicable); or

(ii) the cattle were introduced to the new property;

(d) the property identification code identifying the property at which the cattle were kept before being dispatched (not being a saleyard or scale operation);

(e) in the case of cattle that were weighed, sold or passed in, the property identification code identifying the property to which the cattle will be dispatched;

(ea) in the case of cattle that were introduced to a property, the property identification code identifying that property;

(f) in the case of cattle less than 6 weeks of age and not accompanied by their dam, the time the number referred to in paragraph (a) was recorded;

Reg. 85 def. of depot inserted by S.R. No. 95/2024 reg. 10.

depot means—

(a) an establishment for live export of cattle, sheep or goats registered under Chapter 4 of the Export Control Act 2020 of the Commonwealth; and

(b) a transit depot, holding property or assembly point operated by a transport company at which cattle, sheep or goats are kept for no more than 7 days before being moved to a place other than an abattoir; and

(c) a transit depot, holding property or assembly point at which cattle, sheep or goats are held before being moved to an abattoir; and

(d) a saleyard when used as a transit depot, holding property or assembly point;

Reg. 85 def. of exporter inserted by S.R. No. 95/2024 reg. 10.

exporter means a person engaged in the business of exporting livestock, including acquiring, assembling and preparing livestock for export, in accordance with the Export Control Act 2020 of the Commonwealth;

Reg. 85 def. of movement information revoked by S.R. No. 118/2018 reg. 30(4).

Reg. 85 def. of pig, sheep or goat movement information revoked by S.R. No. 118/2018 reg. 30(4).

Reg. 85 def. of pig movement information substituted by S.R. No. 118/2018 reg. 30(5).

pig movement information means—

(a) in respect of pigs that are sold or passed in, the following information—

(ii) the number of pigs in the sale lot;

(iii) the serial number on any vendor declaration form accompanying the pigs;

(iv) the property identification code identifying the property at which the pigs were kept before being dispatched;

(v) the property identification code identifying the property to which the pigs will be dispatched;

(vi) whether the pigs are vendor bred, and if not, the period of time the pigs were kept on the property from which they were dispatched;

(vii) an electronic copy of any vendor declaration form accompanying the pigs;

(b) in respect of pigs that are introduced to a property, the following information—

(i) the date of introduction of the pigs to the property;

(ii) the number of pigs introduced;

(iii) the serial number on any vendor declaration form accompanying the pigs;

(iv) the property identification code identifying the property from which the pigs were moved;

(v) the property identification code identifying the property to which the pigs were introduced;

(vi) whether the pigs were bred on the property from which they were moved, and if not, the period of time the pigs were kept on that property;

Reg. 85 def. of scan inserted by S.R. No. 95/2024 reg. 10.

scan, in relation to an NLIS device used to identify livestock, means to use an instrument to electronically detect and decode the number encoded on the transponder in the NLIS device;

Reg. 85 def. of sheep or goat movement information substituted by S.R. No. 118/2018 reg. 30(6), amended by S.R. No. 5/2024 reg. 59.

sheep or goat movement information means—

(a) in respect of sheep or goats that are sold or passed in, the following information—

(ii) the number of sheep or goats in the sale lot;

(iii) the serial number on any vendor declaration form accompanying the sheep or goats;

(iv) the property identification code identifying the property at which the sheep or goats were kept before being dispatched;

(v) the property identification code identifying the property to which the sheep or goats will be dispatched;

(vi) whether the sheep or goats are vendor bred, and if not, the period of time the sheep or goats were kept on the property from which they were dispatched;

(vii) in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), the property identification codes on the NLIS ear tags;

(viii) for every sheep or goat identified with a NLIS device, the first 8 visually readable characters on the NLIS device (if it is not identifying the property from which the sheep or goat was dispatched) and the unique number encoded in the NLIS device;

(ix) an electronic copy of any vendor declaration form accompanying the sheep or goats;

(b) in respect of sheep or goats that are introduced to a property, the following information—

(i) the date of introduction of the sheep or goats to the property;

(ii) the number of sheep or goats introduced;

(iii) the serial number on any vendor declaration form accompanying the sheep or goats;

(iv) the property identification code identifying the property from which the sheep or goats were moved;

(v) the property identification code identifying the property to which the sheep or goats were introduced;

(vi) whether the sheep or goats were bred on the property from which they were moved, and if not, the period of time the sheep or goats were kept on that property;

(vii) in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), the property identification codes on the NLIS ear tags;

(viii) for every sheep or goat identified with a NLIS device, the unique number encoded in the NLIS device;

Reg. 85 def. of the required identifying information inserted by S.R. No. 118/2018 reg. 30(8).

the required identifying information, in relation to a saleyard or scale operation, means the information specified by the Secretary by notice published in the Government Gazette;

Reg. 85 def. of the required manner or by the required method of transmission amended by S.R. No. 118/2018 reg. 30(7).

the required manner or by the required method of transmission, in relation to the forwarding of information to the Secretary or to such other persons as specified in this Division, means the manner or the method of transmission required by the Secretary by notice published in the Government Gazette;

Reg. 85 def. of the specified manner amended by S.R. No. 118/2018 reg. 30(7).

the specified manner, in relation to the recording of information, means the manner specified by the Secretary by notice published in the Government Gazette.

Reg. 86 substituted by S.R. Nos 118/2018 reg. 31, 95/2024 reg. 11.

86 Cattle scale operator and certain persons to record cattle movement information and forward to Secretary

(1) This regulation applies to—

(a) a person who operates a scale operation, in relation to cattle that are weighed, sold or passed in, assessed for sale or rejected at the scale operation; and

(b) a person who assembles cattle, other than at a scale operation, from properties with different property identification codes into mobs of cattle for dispatch to an abattoir or depot, in relation to cattle that are assembled; and

(c) a person who transports cattle from a farm to an abattoir or assembly point, in relation to those cattle.

(2) A person to whom this regulation applies, for each head of cattle to which this regulation applies, must—

(a) scan the NLIS device used to identify the cattle; and

(b) record the cattle movement information in the specified manner; and

(c) for cattle referred to in subregulation (1)(a) that are to be dispatched directly to an abattoir or knackery for slaughter or disposal within 7 days after the specified day, forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission, the following—

(i) before the cattle leave the scale—

(A) the cattle movement information (other than the property identification code identifying the property to which the cattle will be dispatched); and

(B) the required identifying information that identifies the scale operation;

(ii) the property identification code identifying the property to which the cattle will be dispatched (if provided by the purchaser or owner) by close of business on the next working day after the specified day; and

(d) for cattle to which paragraph (c) does not apply, forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission, by close of business on the next working day after the specified day—

(i) the cattle movement information; and

(ii) the required identifying information that identifies the scale operation at which the cattle were weighed, sold or passed in, assessed for sale or rejected, or if there is no scale operation, a statement to that effect.

(3) A person referred to in subregulation (1), for each head of cattle referred to in that subregulation that is less than 6 weeks of age and not accompanied by their dam, must include with the cattle movement information required to be forwarded to the Secretary or person nominated by the Secretary under subregulation (2) the following information—

(a) the global positioning system coordinates of the location where the NLIS device was scanned in accordance with subregulation (2)(a);

(b) the time of scanning.

(4) In this regulation—

specified day means—

(a) in relation to cattle referred to in subregulation (1)(a), the day the cattle are weighed, sold or passed in, assessed for sale or rejected at the scale operation; or

(b) in relation to cattle referred to in subregulation (1)(b), the day the cattle are assembled into mobs; or

(c) in relation to cattle referred to in subregulation (1)(c), the day the cattle are dispatched.

87 Auctioneer or selling agent of cattle, sheep or goats sold other than at a saleyard to record information and forward it to Secretary

A person who conducts a public auction or sale other than at a saleyard, of cattle, sheep or goats required under these regulations to be identified with a NLIS device—

Reg. 87(a) amended by S.R. No. 118/2018 reg. 32(1).

(a) must record the cattle movement information in the specified manner for each head of cattle sold or passed in at the auction or sale; and

Reg. 87(b) amended by S.R. No. 118/2018 reg. 32(1).

(b) must record the sheep or goat movement information in the specified manner for each sheep or goat sold or passed in at the auction or sale; and

Reg. 87(c) substituted by S.R. No. 118/2018 reg. 32(2).

(c) in the case of cattle, sheep or goats that are to be dispatched directly to an abattoir or knackery, for slaughter or disposal within 7 days of being sold or passed in, must forward to the Secretary or a person nominated by the Secretary in the required manner or by the required method of transmission—

(i) the cattle movement information or the sheep or goat movement information (as the case requires) (other than the property identification code identifying the property to which the cattle, sheep or goats will be dispatched), before the cattle, sheep or goats leave the place of auction or sale; and

(ii) the property identification code identifying the property to which the cattle, sheep or goats will be dispatched (if provided by the purchaser or owner), by close of business on the next day after the cattle, sheep or goats are sold or passed in; and

(d) in any other case, must forward to the Secretary or a person nominated by the Secretary in the required manner or by the required method of transmission, the cattle movement information or the sheep or goat movement information (as the case requires) by close of business on the next day after the cattle, sheep or goats are sold or passed in.

88 Auctioneer or selling agent of cattle to provide information to saleyard operator and operator of an abattoir or knackery

(1) A person who conducts a public auction of cattle at a saleyard must, for each head of cattle sold or passed in at that auction, provide to the operator of the saleyard in the required manner—

Reg. 88(1)(a) substituted by S.R. No. 118/2018 reg. 33(1).

(a) in the case of cattle that are to be dispatched directly to an abattoir or knackery, for slaughter or disposal within 7 days of being sold or passed in, the following information before the cattle are dispatched from the saleyard—

(i) notification that the cattle are to be dispatched directly from the saleyard to the abattoir or knackery for slaughter or disposal within 7 days of being sold or passed in; and

(ii) the property identification code identifying the property at which the cattle were kept before being sold or passed in; and

(iii) the serial number on any vendor declaration form accompanying the cattle; and

(iv) the property identification code identifying the property to which the cattle will be dispatched (if provided by the purchaser or owner); and

(b) in any other case the following information by midday on the next day after the cattle are sold or passed in—

(i) the property identification code identifying the property at which the cattle were kept before being sold or passed in;

(ii) the serial number on any vendor declaration form accompanying the cattle;

Reg. 88(1)(b)(iii) substituted by S.R. No. 118/2018 reg. 33(2).

(iii) the property identification code identifying the property to which the cattle will be dispatched (if provided by the purchaser or
owner).

(2) A person who conducts a public auction of cattle at a saleyard must, if the purchaser is the operator of an abattoir or knackery—

Reg. 88(2)(a) substituted by S.R. No. 118/2018 reg. 33(3).

(a) provide the following information to the purchaser, in the required manner, by midnight on the day of sale—

(ii) the property identification code identifying the property from which the cattle were dispatched to the saleyard;

(iii) the property identification code identifying the property to which the cattle will be dispatched;

(iv) the property identification code identifying the saleyard;

(v) the serial number on any vendor declaration form accompanying the cattle;

(vi) the number of cattle in the sale lot;

(vii) whether the cattle are vendor bred, and if not, the period of time that the cattle were kept on the property from which they were dispatched; and

Reg. 88(2)(b) amended by S.R. No. 118/2018 reg. 33(4).

(b) keep a record of the provision of that information for one year.

Reg. 89 amended by S.R. No. 118/2018 reg. 34, substituted by S.R. No. 95/2024 reg. 12.

89 Saleyard operator to record cattle movement information and forward it to Secretary

(1) A person who operates a saleyard at which cattle are sold or passed in, for each head of cattle that is sold or passed in, must—

(a) record the cattle movement information in the specified manner; and

(b) forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission—

(i) the cattle movement information (other than the property identification code identifying the property to which the cattle will be dispatched) and the required identifying information that identifies the saleyard, before the cattle leave the saleyard; and

(ii) the property identification code identifying the property to which the cattle will be dispatched (if provided by the purchaser or owner) by close of business on the next working day after the cattle are sold or passed in.

(2) A person who operates a saleyard at which cattle are sold or passed in, for any cattle that died in transit to the saleyard, must forward to the Secretary or person nominated by the Secretary, in the required manner or by the required method of transmission, within 2 working days after the deceased cattle arrived at the saleyard, a record that specifies—

(a) that the cattle is deceased; and

(b) the unique number encoded in the NLIS device used to identify the cattle; and

(c) the required identifying information that identifies the saleyard.

(3) A person who operates a saleyard at which cattle are sold or passed in, for any cattle that die at the saleyard, must forward to the Secretary or person nominated by the Secretary, in the required manner or by the required method of transmission, within 2 working days after the cattle died, a record that specifies—

(a) that the cattle is deceased; and

(b) the unique number encoded in the NLIS device used to identify the cattle; and

(c) the required identifying information that identifies the saleyard.

Reg. 90 substituted by S.R. No. 118/2018 reg. 35.

90 Auctioneer or selling agent of pigs, sheep or goats at a saleyard to record and forward information

A person who conducts a public auction or sale of pigs, sheep or goats at a saleyard must—

(a) scan the sheep and goats; and

(b) record in the specified manner—

(i) the pig movement information, for every lot of pigs sold or passed in; and

(ii) the sheep or goat movement information, for every lot of sheep or goats sold or passed in; and

(c) for every lot of pigs, sheep or goats sold or passed in, provide to the operator of the saleyard in the required manner—

(i) the pig movement information or the sheep or goat movement information (as the case requires) (other than the property identification code identifying the property to which the pigs, sheep or goats will be dispatched) before the pigs, sheep or goats leave the saleyard; and

(ii) the property identification code identifying the property to which the pigs, sheep or goats will be dispatched (if provided by the purchaser or owner) by midday on the next day after the pigs, sheep or goats are sold or passed in; and

(d) in the case of pigs, sheep or goats purchased by the operator of an abattoir or knackery, provide the following information to the purchaser, in the required manner, by midnight on the day of sale, and keep a record of the provision of that information for one year—

(ii) the property identification code identifying the property from which the pigs, sheep or goats were dispatched;

(iii) the property identification code identifying the property to which the pigs, sheep or goats will be dispatched;

(iv) the property identification code identifying the saleyard;

(v) the serial number on any vendor declaration form accompanying the pigs, sheep or goats;

(vi) the number of pigs, sheep or goats in the sale lot;

(vii) whether the pigs, sheep or goats are vendor bred, and if not, the period of time that the pigs, sheep or goats were kept on the property from which they were dispatched;

Reg. 90(d)(viii) substituted by S.R. No. 5/2024 reg. 60.

(viii) in the case of sheep or goats that are identified by means of NLIS ear tags in accordance with the requirements set out in regulation 38(c), the property identification codes on the NLIS ear tags;

(ix) for every sheep or goat identified with a NLIS device, the first 8 visually readable characters on the NLIS device if it is not identifying the property from which the sheep or goat was dispatched.

Reg. 91 substituted by S.R. No. 118/2018 reg. 36.

91 Saleyard operator to record information about pigs, sheep and goats and forward it to Secretary

A person who operates a saleyard at which pigs, sheep or goats are sold or passed in must, for each pig, sheep or goat that is sold or passed in—

(a) record in the specified manner the pig movement information or sheep or goat movement information (as the case requires); and

(b) in the case of sheep or goats, forward to the Secretary or person nominated by the Secretary, in the required manner or by the required method of transmission—

(i) the sheep or goat movement information (other than the property identification code identifying the property to which the sheep or goats will be dispatched) and the required identifying information that identifies the saleyard, before the sheep or goats leave the saleyard; and

(ii) the property identification code identifying the property to which the sheep or goats will be dispatched (if provided by the purchaser or owner) by close of business on the next day after the sheep or goats are sold or passed in; and

(c) in the case of pigs, forward to the Secretary or person nominated by the Secretary, in the required manner or by the required method of transmission, within 2 working days of the sale or passing in of a pig—

(i) the pig movement information; and

(ii) the required identifying information that identifies the saleyard; and

(d) in the case of any pig, sheep or goat that died in transit to, or before dispatch from the saleyard, forward to the Secretary or person nominated by the Secretary, in the required manner or by the required method of transmission, within 2 working days of the sale or passing in of the pig, sheep or goat, a record that specifies—

(i) that the pig, sheep or goat is deceased; and

(ii) in the case of a sheep or goat identified with a NLIS device, the unique number encoded in the NLIS device; and

(iii) in the case of a sheep or goat identified with one or more NLIS ear tags, the first 8 visually readable characters on the NLIS ear tags; and

(iv) in the case of a pig that has a tattoo or ear tag, the brand or tag number set out in the tattoo or ear tag; and

(v) the required identifying information that identifies the saleyard.

Reg. 92 substituted by S.R. No. 118/2018 reg. 37.

92 Purchaser's agent to update purchaser information

If an agent has purchased livestock on behalf of a purchaser and provided the selling agent with the agent's own property identification code, the agent must, within 2 days of the sale, forward to the Secretary or a person nominated by the Secretary in the required manner or by the required method of transmission, the property identification code of the property to which the livestock are to be, or have been, dispatched.

Reg. 93 (Heading) substituted by S.R. No. 171/2018 reg. 3.

Reg. 93 substituted by S.R. No. 118/2018 reg. 38.

93 Operator of an abattoir or knackery to record and forward movement information to the Secretary

(1) An operator of an abattoir or knackery must, for each head of cattle, pig, sheep or goat slaughtered or processed at the abattoir or knackery—

(a) record the required information in the specified manner; and

(b) ensure the record is correct; and

(c) forward the required information to the Secretary or person nominated by the Secretary in the required manner or by the required method of transmission, within 2 working days of the slaughter or processing.

(2) In this regulation required information means—

Reg. 93(2)(a) substituted by S.R. No. 95/2024 reg. 13.

(a) one of the following—

(i) in the case of any cattle, sheep or goat identified with an NLIS device that is processed at a knackery, either—

(A) the property identification code identifying the property from which the cattle, sheep or goat was dispatched; or

(B) the global positioning system coordinates of the location where the NLIS device used to identify the cattle, sheep or goat was scanned before dispatch to the knackery;

(ii) in any other case, the property identification code identifying the property from which the cattle, pig, sheep or goat was dispatched; and

(b) the property identification code of the knackery or abattoir; and

(c) the date of slaughter or processing; and

(d) the serial number on any vendor declaration accompanying the cattle, pig, sheep or goat; and

(e) in the case of any cattle, sheep or goat identified with a NLIS device, the unique number encoded in the NLIS device; and

(f) in the case of cattle less than 6 weeks of age and not accompanied by their dam, the time the unique number recorded in paragraph (e) was recorded; and

(g) the body number of the cattle, pig, sheep or goat slaughtered or processed; and

(h) in the case of sheep or goats, whether the sheep or goat was vendor bred, and if not, the period of time the sheep or goat was kept on the property from which it was dispatched.

Reg. 94 substituted by S.R. No. 118/2018 reg. 39.

94 Owner of livestock to forward movement information to Secretary

(1) An owner of any cattle, pig, sheep or goat must not dispatch, or allow the dispatch of the cattle, pig, sheep or goat from a property unless the property identification code identifying the property has, before the dispatch, been forwarded to the Secretary or person nominated by the Secretary in the required manner or by the required method of transmission as the property on which the cattle, pig, sheep or goat is kept.

(2) An owner of any cattle, pig, sheep or goat introduced to a property must—

(a) record in the specified manner the cattle movement information, pig movement information or sheep or goat movement information for the cattle, pig, sheep or goat (as the case requires); and

(b) forward the information recorded under paragraph (a) to the Secretary or a person nominated by the Secretary, in the required manner or by the required method of transmission—

(i) within 2 days after the introduction of the cattle, pig, sheep or goat; or

(ii) if the cattle, pig, sheep or goat is removed from the property earlier than 2 days after introduction, before that removal.

(3) Subregulation (2) does not apply if the cattle, pig, sheep or goat was dispatched directly to the property from a scale operation, saleyard or a public auction.

(4) In this regulation, property does not include—

(a) a property on which an agricultural show or exhibition is or is to be conducted; or

(b) a property within the meaning of regulation 98 from which the cattle, sheep or goat is scheduled to be dispatched directly to an abattoir within 7 days after being introduced to the property.

Reg. 95 substituted by S.R. No. 118/2018 reg. 40.

95 Operator of an agricultural show or exhibition to forward movement information to Secretary

An operator of an agricultural show or exhibition, who introduces or allows the introduction of any cattle, sheep or goat identified with a NLIS device onto a property on which the show or exhibition is or is to be conducted, must—

(a) record the following information in the specified manner—

(i) the property identification code of the property;

(ii) the date of introduction of the cattle, sheep or goat onto the property;

(iii) the unique number encoded in the NLIS device; and

(b) forward the information recorded under paragraph (a) to the Secretary or person nominated by the Secretary, in the required manner or by the required method of transmission, within 2 days after the introduction of the cattle, sheep or goat.

Pt 10 Div. 3 (Heading) revoked by S.R. No. 118/2018 reg. 41.

Reg. 96 substituted by S.R. No. 118/2018 reg. 42.

96 Person dispatching cattle, pigs, sheep or goats to provide property identification code

(1) Subject to subregulation (2), a person who dispatches cattle, pigs, sheep or goats from a property, must provide, in writing, the property identification code identifying the property, at the time of delivery of the cattle, pigs, sheep or goats, to the following persons—

(a) the livestock manager of the property to which the cattle, pigs, sheep or goats are dispatched;

(b) in the case of cattle, pigs, sheep or goats dispatched to a saleyard, the auctioneer or selling agent at the saleyard;

(c) in the case of cattle, pigs, sheep or goats dispatched to a property for sale at a public auction other than a saleyard, the auctioneer at that property;

(d) in the case of cattle dispatched to a scale operation, the scale operator at that scale operation;

(e) in the case of cattle, pigs, sheep or goats dispatched to an abattoir or knackery, the person operating that abattoir or knackery.

(2) This regulation does not apply to a person who dispatches cattle, pigs, sheep or goats—

(a) directly from a scale operation or a public auction (including an auction conducted at a saleyard) after the cattle, pigs, sheep or goats are sold or passed in; or

(b) who is the livestock manager at both the property from which the cattle, pigs, sheep or goats are dispatched and the property to which the cattle, pigs, sheep or goats are dispatched.

Reg. 96A inserted by S.R. No. 118/2018 reg. 42.

96A Owner of livestock to provide information to auctioneer in certain circumstances

An owner of cattle, pigs, sheep or goats who offers the cattle, pigs, sheep or goats for sale by public auction at the property at which the cattle, pigs, sheep or goats are kept, must provide, in writing, the property identification code identifying that property to the auctioneer before the auction commences.

Reg. 97 substituted by S.R. No. 118/2018 reg. 43.

97 Person acquiring cattle, pigs, sheep or goats to provide information

(1) A person who purchases or receives cattle, pigs, sheep or goats, must, by close of business on the day of purchase or receipt, provide to the person selling or dispatching the cattle, pigs, sheep or goats or to that person's selling agent (as the case requires) the property identification code of the property to which the cattle, pigs, sheep or goats are to be dispatched.

Reg. 97(2) amended by S.R. No. 95/2024 reg. 14.

(2) For the purposes of subregulation (1), the property to which the cattle, pigs, sheep or goats are to be dispatched is the next property to which the cattle, pigs, sheep or goats are to be dispatched, which may include a depot.

Reg. 98 substituted by S.R. Nos 118/2018 reg. 44, 95/2024 reg. 15.

98 Owner of livestock to forward information after livestock introduced to depot

If any cattle, sheep or goats are introduced to a depot, the owner of the cattle, sheep or goats, within 2 days after the introduction or before the departure of the cattle, sheep or goats from the depot (whichever is sooner), for each head of cattle, sheep or goat identified with an NLIS device, must—

(a) scan the NLIS device; and

(b) forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission—

(i) the unique number encoded in the NLIS device; and

(ii) the property identification code identifying the depot; and

(iii) the date the NLIS device was scanned.

Reg. 98A inserted by S.R. No. 118/2018 reg. 44, substituted by S.R. No. 95/2024 reg. 16.

98A Exporter of cattle, sheep or goats to forward information

(1) An exporter of livestock, for each head of cattle, sheep or goat that is identified with an NLIS device and loaded onto a vessel or aircraft for export to a country other than Australia, must—

(a) scan the NLIS device; and

(b) forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission, a record of—

(i) the unique number encoded in the NLIS device; and

(ii) the code "EEEEEEEE"; and

(iii) in the case of any cattle, the global positioning system coordinates of the location where the NLIS device was scanned and the time of scanning; and

(iv) the unique serial number of the vendor declaration provided in accordance with section 8A of the Act for the movement of the livestock outside Australia.

(2) If an exporter is required to make a vendor declaration under section 8A of the Act in relation to the movement of any cattle, sheep or goat identified with an NLIS device, the exporter, before that movement, must—

(a) scan the NLIS device identifying the cattle, sheep or goat; and

(b) forward to the Secretary, or a person nominated by the Secretary, in the required manner or by the required method of transmission, a record of the following—

(i) the unique number encoded in the NLIS device;

(ii) the property identification code of the property to which the cattle are transported;

(iii) in the case of any cattle, the global positioning system coordinates of the location where the NLIS device was scanned and the time of scanning;

(iv) the unique serial number of the vendor declaration provided in accordance with section 8A of the Act for the movement of the livestock.

Reg. 99 substituted by S.R. No. 118/2018 reg. 45.

99 Offence to record, provide or forward false information

Reg. 99(1) amended by S.R. Nos 5/2024 reg. 61(1), 95/2024 reg. 17.

(1) Without affecting the operation of section 137A of the Act, a person who is required to record, provide or forward information under this Division must not record, provide or forward incorrect information or information that is misleading in a material detail.

Reg. 99(2) amended by S.R. No. 5/2024 reg. 61(2).

(2) Without affecting the operation of section 137A of the Act, a person must not record, provide or forward information under this Division which the person knows is false or misleading in a material detail.

Part 11—Returns and invoices

100 Returns furnished by approved agent for sales and purchases of cattle

For the purposes of section 95(1)(b) of the Act, in the case of cattle—

(a) the prescribed form is that the return be in writing and set out—

(i) the number of cows, calves or carcases of cattle sold; and

(ii) the amount of cattle duty to be paid on the return; and

(iv) the number assigned to the approved agent under section 248A of the Duties Act 2000; and

(b) the prescribed manner is that a return be verified by the person making the return setting out the person's name and signature at the foot of the return.

101 Returns furnished by approved agent for sales and purchases of sheep and goats

For the purposes of section 95A(1)(b) of the Act, in the case of sheep or goats—

(a) the prescribed form is that a return be in writing and set out—

(i) the number of sheep, goats or carcases of sheep or goats sold; and

(ii) the amount of sheep or goat duty to be paid on the return; and

(iv) the number assigned to the approved agent under section 248A of the Duties Act 2000; and

(b) the prescribed manner is that a return be verified by the person making the return setting out the person's name and signature on the foot of the return.

102 Invoices and statements issued in relation to the sale of cattle

For the purposes of section 95(5) and (7) of the Act, the following are the prescribed particulars—

(a) the date of the sale of the cattle, calves or carcases of cattle;

(b) the pen number of the cattle or calves sold;

(c) the number of cattle, calves or carcases of cattle sold;

(d) the age, sex and class of the cattle or calves sold;

(e) the price paid for each head of cattle or calf or for each carcase;

(f) the name of the person who purchased the cattle, calves or carcases of cattle;

(g) the property identification code of the property from which the cattle or calves were dispatched prior to their sale or slaughter or the name and address of the person who sold the cattle, calves or carcases of cattle.

103 Invoices and statements issued in relation to the sale of sheep or goats

For the purposes of section 95A(5) and (7) of the Act, the following are the prescribed particulars—

(a) the date of the sale of the sheep, goats or carcases of sheep or goats;

(b) the pen number of the sheep or goats sold;

(c) the number of sheep, goats or carcases of sheep or goats sold;

(d) the age, sex and class of the sheep or goats sold;

(e) the price paid for each head of sheep or goat or carcase of sheep or goat;

(f) the name of the person who purchased the sheep, goats or carcases of sheep or goats;

(g) the property identification code of the property from which the sheep or goats were dispatched prior to their sale or slaughter or the name and address of the person who sold the sheep, goats or the carcases of sheep or goats.

104 Returns furnished by approved agent for sales and purchases of pigs

For the purposes of section 95B(1)(b) of the Act, in the case of pigs—

(a) the prescribed form is that a return be in writing and set out—

(i) the number of pigs or carcasses of pigs sold; and

(ii) the amount of pig duty to be paid on the return; and

(iv) the number assigned to an approved agent under section 248A of the Duties Act 2000; and

(b) the prescribed manner is that a return be verified by the person making the return setting out the person's name and signature at the foot of the return.

105 Invoices and statements issued in relation to the sale of pigs

For the purposes of section 95B(5) and (7) of the Act, the following are the prescribed particulars—

(a) the date of the sale of the pigs or carcases of pigs;

(b) the pen number of the pigs sold;

(c) the number of pigs or carcases of pigs sold;

(d) the age, sex and class of the pigs sold;

(e) the price paid for each head of pig or carcase of pig;

(f) the name of the person who purchased the pigs or carcases of pigs;

(g) the property identification code of the property from which the pigs were dispatched prior to their sale or slaughter or the name and address of the person who sold the pigs or the carcases of pigs.

Part 12—Administration

106 Grounds for refusing to grant or renew licence

For the purposes of section 98(4)(b) of the Act, the following grounds are prescribed—

(a) the relevant premises are not or are no longer provided with the buildings, fittings or equipment to ensure the continuous sanitary condition of the premises;

(b) the relevant premises and equipment are not or are no longer maintained in a state of good repair and hygiene;

(c) precautions are not or have not been taken to limit the likelihood of entry of disease to the premises;

(d) disease is being spread or is likely to be spread from the premises;

(e) in the case of an application to renew a licence, the applicant has not kept the records required to be kept under the Act or the regulations.

Reg. 107 amended by S.R. Nos 5/2024 reg. 62(a), 95/2024 reg. 18.

107 Disclosure of identification information

For the purposes of paragraph (a) of the definition of relevant person in section 107BA(3) of the Act, the following persons and classes of persons are prescribed—

(a) a person employed for the administration of the NLIS;

(b) a person registered to be an approved agent under section 248A of the Duties Act 2000;

(c) a member of Council staff within the meaning of the Local Government Act 1989 responsible for the conduct or facilitation of livestock sales at a saleyard operated or managed by the Council;

(d) a person who operates a saleyard for the purpose of trading livestock or an employee of that person;

(e) an operator of an abattoir or knackery licensed as a meat processing facility under the Meat Industry Act 1993 or a corresponding law of the Commonwealth and any employee of an operator nominated by the operator and notified in writing to the Secretary;

(f) a person authorised under section 9C(1) of the Act to make or sell a tag or a marking, branding or identification device;

(g) a veterinary practitioner;

(h) an employee of Dairy Food Safety Victoria established under the Dairy Act 2000;

(i) an employee of PrimeSafe established under the Meat Industry Act 1993;

(j) a person who operates a livestock transport business;

(k) a person who operates a facility for the testing of the productivity of dairy cows;

(l) a person who operates a cattle feedlot;

(m) a person who operates an on-farm quality assurance program that is audited by a third party;

(n) a person who operates a business scanning approved NLIS devices in Victoria;

Reg. 107(o) substituted by S.R. No. 5/2024 reg. 62(b).

(o) an employee in the Department of Transport and Planning;

(p) a person producing fodder to be sold that is accompanied by a declaration stating the location at which the fodder was grown and its suitability for livestock use;

(q) a police officer within the meaning of the Victoria Police Act 2013 or a member of the police force of another State or Territory of the Commonwealth;

(r) an employee of an approved veterinary diagnostic laboratory;

(s) the owner of any cattle or class of livestock prescribed by regulation 39 who has been issued with a property identification code;

Reg. 107(t) amended by S.R. No. 118/2018 reg. 46(1), revoked by S.R. No. 5/2024 reg. 62(c).

Reg. 107(u) inserted by S.R. No. 118/2018 reg. 46(2), substituted by S.R. No. 5/2024 reg. 62(d).

(u) an employee in the Department of Health or the Department of Energy, Environment and Climate Action.

Reg. 108 amended by S.R. Nos 5/2024 reg. 63, 95/2024 reg. 19.

108 Prescribed Acts

For the purposes of section 64(2)(a) and paragraph (i)(iii) of the definition of relevant person in section 107BA(3) of the Act, the Acts listed in Schedule 10 are the prescribed Acts.

Part 13—Enforcement

109 Charges incurred in seizing certain livestock

For the purposes of section 120(4) of the Act, payment may be required to be made for the reasonable costs at current market rates of the following charges incurred in connection with the impounding of any livestock or other thing seized under Division 3 of Part 8 of the Act—

(a) charges incurred in the purchase or hire of materials or equipment used in a seizure and impounding;

(b) charges incurred in paying the salary of an inspector for the time involved in a seizure and impounding calculated by reference to the hourly rate of pay of the inspector at the time of the seizure, plus an additional 50% of the salary so paid;

(c) charges incurred in paying fees to persons engaged to assist the inspector in making the seizure or impounding the livestock or other thing;

(d) charges incurred in keeping, treating and storing the livestock or other thing during the time it was impounded;

(e) charges incurred in the agistment, storage or maintenance of the livestock or other thing during the time it was impounded.

110 Disposal of abandoned bees, hives or fittings

For the purposes of section 125(1) of the Act, an inspector may dispose of neglected or abandoned bees, hives or fittings by—

(a) in the case of bees, hives or fittings which the inspector believes to be in a badly neglected state, burning or burying them; and

(b) in the case of bees, hives or fittings which the inspector believes to be in a good or reasonable condition—

(i) burning or burying the bees and selling the hives and fittings; or

(ii) selling the bees, hives and fittings; or

(iii) giving the bees, hives and fittings to a registered beekeeper.

Reg. 111 substituted by S.R. No. 118/2018 reg. 47, amended by S.R. No. 42/2019 reg. 8, substituted by S.R. Nos 5/2024 reg. 64, 95/2024 reg. 20.

111 Prescribed infringement offences

For the purposes of section 126(1) of the Act, an offence specified in Column 2 in Table 1 or Column 2 in Table 2 in Schedule 11 is prescribed.

Reg. 112 amended by S.R. Nos 118/2018 reg. 48, 1/2020 reg. 11, 5/2024 reg. 65, substituted by S.R. No. 95/2024 reg. 21.

112 Prescribed infringement penalties

For the purposes of section 129 of the Act, the penalty prescribed for a prescribed offence is the penalty set out in the corresponding entry in Column 3 in Table 1 or Column 3 in Table 2 in Schedule 11 for that prescribed offence.

Reg. 113 inserted by S.R. No. 95/2024 reg. 22.

113 Prescribed offences with respect to information about the movement of livestock

For the purposes of section 132A of the Act, an offence against regulation 36, 37, 43, 94(1) or 94(2) is prescribed.

Schedule 1—Regulations revoked

Regulation 4

| S.R. No. | Title | | 172/2006 | Livestock Disease Control Regulations 2006 | | 39/2010 | Livestock Disease Control Amendment Regulations 2010 | | 129/2012 | Livestock Disease Control Amendment Regulations 2012 | | 130/2012 | Livestock Disease Control Further Amendment Regulations 2012 | | 145/2016 | Livestock Disease Control Amendment Regulations 2016 |

Schedule 2—Notification of diseases

Regulations 6 and 62

Sch. 2 Pt A amended by S.R. No. 42/2019 reg. 9(1).

Anthrax

American foulbrood (Paenibacillus larvae)

Sch. 2 Pt B amended by S.R. Nos 42/2019 reg. 9(2), 5/2024 reg. 66(a).

Cattle tick

Equine herpes-virus 1 (abortigenic and neurological strains)

Infectious laryngotracheitis

Japanese encephalitis

Psittacosis

Pullorum disease (Salmonella pullorum)

Swine brucellosis (Brucella suis)

Braula fly (Braula coeca)

Sch. 2 Pt C amended by S.R. Nos 118/2018 reg. 49, 5/2024 reg. 66(b).

Part C

Anaplasmosis

Avian paramyxovirus Type 1

Avian tuberculosis (Mycobacterium avium)

Babesiosis

Bovine genital campylobacteriosis

Bovine malignant catarrh

Bovine malignant tumour of the eye larger than 2 cm

Buffalo fly

Caprine arthritis encephalitis

Cysticercus bovis (Taenia saginata)

Enzootic bovine leucosis

Equine infectious anaemia

Equine viral arteritis

Infectious bovine rhinotracheitis

Lead poisoning (in food producing livestock)

Leptospirosis

Listeriosis

Mucosal disease

Ovine brucellosis (Brucella ovis)

Ovine footrot

Johne's disease (Mycobacterium avium subspecies paratuberculosis)

Pigeon paramyxovirus Type 1

Salmonellosis

Strangles

Trichomoniasis

Tuberculosis (other than Mycobacterium bovis)

Verocytotoxigenic E. coli

Chalkbrood disease (Ascosphaera apis)

European foulbrood (Melissococcus plutonius)

Nosema (Nosema apis and Nosema ceranae)

Diseases of fin fish

Aeromonas salmonicida (atypical strains)

Epizootic haematopoietic necrosis (EHN virus)

Epizootic ulcerative syndrome (Aphanomyces invadans)

Diseases of amphibians

Chytridiomycosis (Batrachochytrium dendrobatidis)

Infection with Batrachochytrium salamandrivorans

Ranavirus species

Diseases of molluscs

Abalone viral ganglioneuritis

Bonamiosis (Bonamia exitiosa)