Livestock Management Act 2010 (Victoria)

The Livestock Management Act 2010 establishes a statutory framework for regulating livestock management in Victoria. Mechanically, it does the following: creates mandatory duties for persons conducting regulated livestock management activities to comply with prescribed livestock management standards (s 6); requires those persons to carry out a systematic risk assessment within prescribed timeframes and to address animal welfare and biosecurity risks (ss 7-8); provides for the Minister to prescribe standards and to publish declared standards in the Government Gazette (s 9); and enables compliance arrangements, including quality assurance programs and inspection and certification arrangements, to be approved by the Minister as an alternative compliance pathway (Pt 3, ss 10-20).

The Act creates a regime of accreditation and approval. A controlling authority may apply for approval of a compliance arrangement (ss 11-13). If approved, the Secretary issues a letter of approval that sets out the terms, monitoring and reporting requirements, major non‑conformances and accreditation systems (s 15). Accredited livestock operators who operate under an approved compliance arrangement are exempted from certain statutory duties, including the duty to perform a systematic risk assessment (s 10), and are, in many cases, protected from prosecution for particular offences while the arrangement remains in force (s 10; s 50(3)).

The Act establishes a biosecurity overlay introduced by later amendments: people may prepare biosecurity management plans for premises or parts of premises (s 21A), only one plan can cover the whole of the same premises or specified part at any time (s 21B), and the Act does not compel disclosure of the contents of such plans except to inspectors (s 21C). The Act also creates an offence to contravene prescribed biosecurity measures where a biosecurity management plan is in force and specified signage is displayed (s 50A), and an offence to damage or deface required signage (s 50B).

Version No. 009

Livestock Management Act 2010

No. 15 of 2010

Version incorporating amendments as at
1 October 2024

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Application 7

5 Binding of Crown 8

Part 2—Duties concerning livestock management 9

6 Livestock operators must comply with prescribed livestock management standards 9

7 Livestock operator must carry out systematic risk assessment 9

8 Content of systematic risk assessment 9

9 Minister may declare intention to prescribe standard 10

Part 3—Compliance arrangements 11

10 Exemption for approved compliance arrangements 11

11 Approval of compliance arrangement 11

12 Application to approve compliance arrangement 11

13 Content of compliance arrangement 12

14 Criteria for approval of compliance arrangement 12

15 Minister to issue letter of approval 13

16 Minister to provide reasons for not approving a compliance arrangement 14

17 Compliance monitoring 14

18 Minister may amend conditions of approved compliance arrangement by written notice 14

19 Audit of approved compliance arrangements 14

20 Revocation or suspension 15

21 Suspension of approval of accredited livestock operator 16

Part 3A—Biosecurity management plans and prescribed biosecurity measures 18

21A Biosecurity management plans 18

21B One biosecurity management plan only for the whole or part of a premises 18

21C Disclosure of contents of biosecurity management plan for the whole or part of a premises 19

Part 4—Administration 20

22 Delegations by Minister 20

23 Delegations by Secretary 20

24 Minister may approve forms 20

25 Minister may approve guidelines 20

26 Minister and Secretary to have regard to any guidelines 21

Part 5—Enforcement 22

Division 1—Inspectors 22

27 Inspectors 22

28 Inspector's identification certificate 22

28A Police officer identification 23

29 Powers of inspectors 23

30 Powers of inspectors who are inspectors under the Livestock Disease Control Act 1994 23

Division 2—Powers of entry 24

31 Power to enter and inspect with consent 24

32 Application for search warrants 25

33 Information to be included in a search warrant 26

34 Announcement before entry 27

35 Details of warrant to be given to occupier 27

36 Emergency powers 28

Division 3—Inspector's powers on entry 28

37 Application of Division 28

38 Power to search, inspect or examine 28

39 Powers regarding production of documents 29

40 Power to require information 30

41 Power to take samples 30

42 Power to take photographs, etc 30

Division 4—Further powers of inspectors 30

43 Power to stop and detain vehicles 30

44 Inspector may use assistants 31

45 Where occupier not present 31

Division 5—Notices to comply 31

46 Inspector may issue notice to comply 31

47 Content of notice to comply 32

48 Offence not to comply with notice to comply 33

49 Inspector may issue notice of suspension 33

Division 6—Offence 35

50 Offence to endanger people or animals or risk disease 35

50A Offence to contravene a prescribed biosecurity measure 36

50B Offence to damage or deface a sign 38

Division 7—Infringement notices 38

51 Power to serve a notice 38

52 Penalties to be paid for offences under infringement notices 38

Division 8—Provisions related to court proceedings 39

53 Power to file charges under this Act 39

54 Service of documents 39

55 Offences by bodies corporate 40

56 Conduct by officers, employees or agents of a body corporate 40

Division 9—General 41

57 Evidence of certain matters 41

58 Offences relating to enforcement 42

59 Livestock operators and employers responsible for the acts of their employees and contractors 43

60 Evidence 43

61 Neglect to prosecute 43

62 Liability for offences 44

Part 6—General 45

63 Regulations 45

Endnotes 49

1 General information 49

2 Table of Amendments 51

3 Explanatory details 52

Version No. 009

Livestock Management Act 2010

No. 15 of 2010

Version incorporating amendments as at
1 October 2024

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purpose

The purpose of this Act is to regulate livestock management in Victoria.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day to be proclaimed.

(2) If this Act does not come into operation before 1 January 2011, it comes into operation on that day.

3 Definitions

In this Act—

accredited livestock operator means a livestock operator that has been accredited by a controlling authority to carry out livestock management under an approved compliance arrangement;

approved compliance arrangement means a compliance arrangement in respect of which—

(a) the Minister has granted an approval under section 11; and

(b) the Minister has sent a letter of approval under section 15; and

S. 3 def. of biosecurity impact inserted by No. 12/2022 s. 4(1).

biosecurity impact means an adverse effect on the economy, the environment or the community that arises, or has the potential to arise from, biosecurity matter or a carrier, being an adverse effect that is related to any of the following—

(a) the introduction, presence, spread or increase of a disease or disease agent into or within the State or any part of the State;

(b) the introduction, presence, spread or increase of a pest into or within the State or any part of the State;

(d) livestock or livestock products becoming chemically affected;

(e) any thing declared by the regulations to be a biosecurity impact;

S. 3 def. of biosecurity management plan inserted by No. 12/2022 s. 4(1).

biosecurity management plan means a document—

(a) that contains measures to identify, prevent, eliminate or minimise the biosecurity impacts relating to livestock activities; and

(b) that includes any matters that are prescribed to be mandatory;

S. 3 def. of biosecurity matter inserted by No. 12/2022 s. 4(1).

biosecurity matter means the following—

(a) livestock;

(b) a part of livestock;

(d) a livestock disease;

(e) a prion;

(f) a contaminant;

(g) a disease agent that can cause disease in livestock or that can cause disease in a human via transmission from livestock to a human;

(h) any thing declared by the regulations to be biosecurity matter;

S. 3 def. of carrier inserted by No. 12/2022 s. 4(1).

carrier means any thing (whether alive, dead or inanimate, including a human) that has, or is capable of having, any biosecurity matter on it, attached to it or contained in it;

S. 3 def. of chemically affected inserted by No. 12/2022 s. 4(1).

chemically affected, in relation to livestock or a livestock product, means that the livestock or livestock product contains a contaminant and as a result is or is likely—

(a) to become unfit for sale or export for human consumption; or

(b) to pose a danger to human health or to the environment; or

compliance arrangement means—

(a) a quality assurance program; or

(b) an inspection and certification arrangement;

controlling authority means a person or statutory body that is responsible for a compliance arrangement;

S. 3 def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 27), 1/2024 s. 90(a).

Department means the Department of Energy, Environment and Climate Action;

emergency, in relation to livestock management, means an event or situation that threatens animal welfare, human health or biosecurity;

inspection and certification arrangement means an arrangement that—

(a) provides for inspection and certification; and

(b) is prescribed, or of a class prescribed, or meets the criteria prescribed, by the regulations for the purposes of this Act;

S. 3 def. of inspector amended by Nos 12/2022 s. 4(2)(3), 1/2024 s. 90(b).

inspector means—

(a) a person appointed as an inspector under section 27; or

(b) an inspector within the meaning of the Livestock Disease Control Act 1994;

livestock means—

(a) any animal kept for the purposes of primary production, including cattle, sheep, pigs, poultry, ratites, buffalo, camels, alpacas, goats and deer; or

(b) horses, including where used for recreation; or

livestock management activity means any activity that relates to the health, husbandry or biosecurity of livestock during any stage of the livestock's life, from birth to slaughter, including the transport and holding of livestock;

livestock management standard means—

(a) a standard published under section 9; or

(b) any other published standard relating to the management of livestock;

livestock operator means—

(a) a person operating a business that engages in a regulated livestock management activity; or

(b) a person in charge of livestock;

S. 3 def. of livestock product inserted by No. 12/2022 s. 4(1).

livestock product has the same meaning as in the Livestock Disease Control Act 1994;

notice of suspension means a notice issued under section 21 or section 49;

notice to comply means a notice issued under section 46;

officer—

(a) in relation to a body corporate which is a corporation within the meaning of the Corporations Act, has the same meaning as officer of a corporation has in section 9 of that Act; and

(b) in relation to a body corporate which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate or is an employee of the body corporate;

person includes a partnership and an unincorporated body;

person in charge, in relation to livestock, means—

(a) a person who has the livestock in the person's possession or custody or under the person's care, control or supervision; or

(b) if a person referred to in paragraph (a) is required to comply with a direction of an owner of livestock, or an employee or agent of the owner, the owner, employee or agent;

place includes premises or a vehicle;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 98.1), repealed by No. 1/2024 s. 90(c).

S. 3 def. of prescribed biosecurity measure inserted by No. 12/2022 s. 4(1).

prescribed biosecurity measure means a measure prescribed by the regulations;

prescribed livestock management standard means a livestock management standard prescribed by the regulations;

regulated livestock management activity means any livestock management activity to which a prescribed livestock management standard relates;

Secretary means the Secretary to the Department;

systematic risk assessment means a risk assessment conducted under section 7.

4 Application

(1) Subject to this section, nothing in this Act affects the operation of the following Acts, or anything done or required to be done under those Acts—

(a) the Food Act 1984;

(b) the Prevention of Cruelty to Animals Act 1986;

(d) the Impounding of Livestock Act 1994;

(e) the Livestock Disease Control Act 1994;

(f) the Catchment and Land Protection Act 1994;

(g) the Fisheries Act 1995;

(h) the Dairy Act 2000—

(the listed Acts).

(2) Where there is a conflict between the requirements of a prescribed livestock management standard and any requirement, prescribed standard or applicable code under a listed Act, compliance with the requirement, prescribed standard or applicable code will be taken to be compliance with the prescribed livestock management standard.

S. 4(2A) inserted by No. 12/2022 s. 5.

(2A) Compliance with a biosecurity management plan or a prescribed biosecurity measure will be taken to be compliance with any of the following in the event of inconsistency—

(a) a less stringent requirement under a listed Act;

(b) a less stringent prescribed standard under a listed Act;

(3) For the purposes of the Prevention of Cruelty to Animals Act 1986, it is a defence to an offence under that Act if the person was carrying out a regulated livestock management activity and acting in compliance with a prescribed livestock management standard.

5 Binding of Crown

This Act binds the Crown in right of the State of Victoria and, to the extent that the legislative power of Parliament permits, the Crown in all its other capacities.

Part 2—Duties concerning livestock management

6 Livestock operators must comply with prescribed livestock management standards

A livestock operator must comply with all applicable prescribed livestock management standards when engaging in a regulated livestock management activity.

7 Livestock operator must carry out systematic risk assessment

(1) A livestock operator who carries out a regulated livestock management activity must carry out a systematic risk assessment of the livestock management activity.

(2) The systematic risk assessment must be carried out by the livestock operator within 6 months after the later of the following to occur—

(a) the prescribed livestock management standard that applies to the regulated livestock management activity is prescribed; or

(b) the livestock operator commences to carry out the regulated livestock management activity.

8 Content of systematic risk assessment

A systematic risk assessment of a regulated livestock management activity must contain the following—

(a) an assessment of the likely risks to animal welfare and biosecurity arising from the regulated livestock management activity; and

(b) details of control measures to ensure that—

(i) the prescribed livestock management standard is and will be complied with; and

(ii) the risks identified under paragraph (a) are minimised.

9 Minister may declare intention to prescribe standard

(1) The Minister may declare, by notice published in the Government Gazette, an intention to prescribe a livestock management standard.

(2) If the Minister publishes notice of a declaration under subsection (1), the notice must contain a copy of the livestock management standard that is the subject of the declaration.

Part 3—Compliance arrangements

10 Exemption for approved compliance arrangements

Subject to this Act, a livestock operator who carries out a regulated livestock management activity under an approved compliance arrangement is not required to comply with—

(a) section 7 or 8; or

(b) any provision under the regulations that creates an offence for failing to comply with a prescribed livestock management standard.

11 Approval of compliance arrangement

(1) The Minister, on the Minister's own initiative or on the application of a controlling authority, may approve a compliance arrangement in respect of a regulated livestock management activity.

(2) Notice of an approval under subsection (1) must be published in the Government Gazette.

12 Application to approve compliance arrangement

(1) A controlling authority may apply to the Minister for approval of a compliance arrangement in respect of a regulated livestock management activity.

(2) An application under subsection (1) must be in the approved form.

(3) The controlling authority must provide to the Minister any further information about the compliance arrangement that the Minister requests.

13 Content of compliance arrangement

A compliance arrangement for a regulated livestock management activity must contain the following—

(a) a description of the quality assurance program or inspection and certification arrangement that constitutes the compliance arrangement;

(b) an assessment of the likely risks to animal welfare and biosecurity that are posed by the relevant regulated livestock management activity;

(d) a system for accrediting livestock operators who are covered by the compliance arrangement;

(e) verification arrangements designed so that a controlling authority will ensure, as far as is practicable, that the compliance arrangement is complied with;

(f) any other prescribed measures are in place to ensure that any other requirement, as determined by the Minister under this Act is complied with.

14 Criteria for approval of compliance arrangement

The Minister must not approve a compliance arrangement under section 11 unless the Minister is satisfied that —

(a) the compliance arrangement contains the details required by section 13; and

(b) the compliance arrangement will ensure that the prescribed livestock management standards will be complied with.

15 Minister to issue letter of approval

(1) On the Minister granting an approval under section 11, the Secretary must issue to the controlling authority a letter of approval.

(2) A letter of approval issued under subsection (1) must contain the following—

(a) the terms of approval of the compliance arrangement;

(b) any specific actions that are required under the compliance arrangement;

(d) details of the acts or omissions that will constitute major non-conformance by the controlling authority with the compliance arrangement;

(e) details of the effect of non-compliance with the compliance arrangement;

(f) any requirements regarding the system by which livestock operators will be accredited to operate under the approved compliance arrangement;

(g) any requirements for the manner in which the controlling authority is to communicate with and report to the Department regarding the compliance arrangement;

(h) in relation to a regulated livestock management activity, any details of the acts or omissions that may result in a notice of suspension.

(3) Within 21 days of receiving a letter of approval, a controlling authority must give written notice to the Secretary as to whether it accepts the terms of the letter of approval.

(4) An approved compliance arrangement may contain any other provision agreed between the Minister and the controlling authority.

16 Minister to provide reasons for not approving a compliance arrangement

If the Minister refuses an application for approval of a compliance arrangement, the Minister must give written notice to the controlling authority of the decision setting out reasons for the decision.

17 Compliance monitoring

The Secretary must keep under regular review the extent of compliance with the terms of each approved compliance arrangement.

18 Minister may amend conditions of approved compliance arrangement by written notice

(1) The Minister may, by written notice to a controlling authority, impose further conditions on an approved compliance arrangement.

(2) A condition imposed under subsection (1) has effect from the date specified in the notice.

(3) Within 21 days of receiving notice of a condition under this section, a controlling authority must give written notice to the Secretary as to whether it accepts the condition.

19 Audit of approved compliance arrangements

(1) The Minister may require any controlling authority that is a party to an approved compliance arrangement to have the approved compliance arrangement audited for the purpose of determining whether the arrangement—

(a) has been complied with during the period covered by the audit; and

(b) is still adequate at the date of the audit.

(2) A requirement under subsection (1)—

(a) must be made in writing; and

(b) may be made on a one-off basis or may require an audit to be performed annually or at any other specified frequency; and

(c) must specify the minimum qualifications or experience that must be held by the person who is to conduct the audit; and

(d) may impose restrictions relating to the suitability of persons to conduct the audit; and

(e) must specify by when, how and by whom the results of the audit are to be reported to the Department.

(3) The Minister may vary any requirement under this section at any time by giving the controlling authority written notice of the variation.

20 Revocation or suspension

(1) The Minister may revoke or suspend the approval of a compliance arrangement if the Minister considers that—

(a) there has been a failure to comply with the approved compliance arrangement and the failure is so serious that it cannot be dealt with by increased monitoring requirements under the arrangement; or

(b) a controlling authority has committed an act or omission that constitutes a major non-conformance with the approved compliance arrangement that was specified in the letter of approval; or

(c) a controlling authority has not accepted a condition imposed by the Minister under section 18 within the time specified in section 18(3); or

(d) there has been a failure to comply with any other requirement of the letter of approval.

(2) If the Minister makes a decision under subsection (1), the Minister must give the controlling authority a written notice of the decision—

(a) setting out the reasons for the decision; and

(b) if the approval is suspended, setting out the period of suspension.

(3) A compliance arrangement ceases to be an approved compliance arrangement—

(a) if the approval is revoked; or

(b) for the period that the approved compliance arrangement is suspended.

(4) The Minister may at any time revoke the suspension of an approval by giving written notice of revocation to the controlling authority.

21 Suspension of approval of accredited livestock operator

(1) The Minister may at any time suspend an approved compliance arrangement, to the extent that it applies to an accredited livestock operator, if the Minister is satisfied on reasonable grounds that a ground for suspension exists.

(2) For the purposes of subsection (1), the grounds for suspension are—

(a) that the operator has committed an act or omission that was specified in the letter of approval relating to the approved compliance arrangement as being one which may give rise to a declaration under this section; or

(b) that the operator has committed an offence against this Act; or

(c) that the operator has committed an act or omission that, but for section 10, would be an offence under the regulations.

(3) The Minister must give written notice of a suspension under subsection (1) to—

(a) the person who is the subject of the suspension; and

(b) the controlling authority that is a party to the approved compliance arrangement.

(4) A notice under subsection (3) must state—

(a) the date on which the suspension takes effect; and

(b) the period of time of the suspension.

(5) For the purposes of this Act, a person is taken not to be operating under an approved compliance arrangement in relation to a prescribed livestock management standard to which the compliance arrangement relates during the period of the suspension.

Pt 3A (Heading and ss 21A–21C) inserted by No. 12/2022 s. 6.

Part 3A—Biosecurity management plans and prescribed biosecurity measures

S. 21A inserted by No. 12/2022 s. 6.

21A Biosecurity management plans

(1) A person may prepare a biosecurity management plan that applies to a premises, or to a specified part of a premises, if the person—

(a) manages a livestock activity at the premises, or at the specified part of the premises; or

(b) is a person included in a prescribed class.

(2) Subject to section 21B, the following rules apply in relation to biosecurity management plans—

(a) a biosecurity management plan may be expressed to apply to a premises or to a specified part of a premises;

(b) more than one biosecurity management plan cannot apply—

(i) to the whole of the same premises; or

(ii) to the whole of the same specified part of a premises;

(c) a biosecurity management plan may amend or revoke a biosecurity management plan that applies to a premises or to a specified part of a premises.

S. 21B inserted by No. 12/2022 s. 6.

21B One biosecurity management plan only for the whole or part of a premises

(1) This section applies if—

(a) a biosecurity management plan (the original plan) is in force in respect of a premises or a specified part of a premises; and

(b) another biosecurity management plan (the later plan) is made that would (apart from this section) apply in respect of—

(i) the whole of the same premises; or

(ii) the whole of the same specified part of the premises.

(2) The later plan prevails to the extent that there would otherwise be more than one biosecurity management plan applying to the whole or the specified part of the premises, as the case requires.

(3) A biosecurity management plan is inoperative to the extent that it purportedly applies to—

(a) a premises, or a specified part of a premises, to the extent that the premises or specified part are situated on land to which section 401A of the Land Act 1958 applies; or

(b) a premises, or a specified part of a premises, included in a prescribed class.

S. 21C inserted by No. 12/2022 s. 6.

21C Disclosure of contents of biosecurity management plan for the whole or part of a premises

To avoid doubt, nothing in this Act is to be taken to require a person who has prepared a biosecurity management plan to disclose the contents of that plan to another person, other than to an inspector exercising powers under Part 5.

Part 4—Administration

22 Delegations by Minister

The Minister may, by instrument, delegate to any person or class of persons employed in the administration of this Act any power of the Minister under this Act other than this power of delegation.

23 Delegations by Secretary

The Secretary may, by instrument, delegate to any person or class of persons employed in the administration of this Act any power of the Secretary under this Act other than this power of delegation.

24 Minister may approve forms

The Minister may, by notice published in the Government Gazette, approve any forms that the Minister considers necessary for the purposes of this Act or the regulations.

25 Minister may approve guidelines

(1) The Minister may, by notice published in the Government Gazette, approve guidelines relating to any requirement of this Act or the regulations.

(2) Without limiting subsection (1), the Minister may approve guidelines in relation to—

(a) the approval and administration of compliance arrangements;

(b) measures a person may take to comply with prescribed livestock management standards;

(c) compliance by a person who is not an accredited livestock operator and monitoring of the person in relation to a regulated livestock management activity.

26 Minister and Secretary to have regard to any guidelines

The Minister and Secretary, when making a decision under this Act, must have regard to any relevant guidelines approved under section 25.

Part 5—Enforcement

Division 1—Inspectors

27 Inspectors

(1) The Secretary may, by instrument, appoint an appropriately qualified person or person in a class of persons employed under Part 3 of the Public Administration Act 2004 to be an inspector for the purposes of this Act.

(2) An appointment under subsection (1) remains in force for a period, not exceeding 3 years, that is specified in the instrument of appointment.

(3) The Secretary may determine the terms and conditions of appointment of inspectors.

(4) The instrument of appointment must specify—

(a) the provisions of this Act in relation to which the inspector is appointed; and

(b) the types of livestock in respect of which the inspector is appointed.

(5) The Secretary may, in writing, revoke the appointment of an inspector at any time.

(6) The terms and conditions of appointment may contain general directions as to how the inspector's powers may be exercised.

28 Inspector's identification certificate

S. 28(1) amended by No. 1/2024 s. 91(a).

(1) The Secretary must issue an identification certificate to each inspector under this Act (other than an inspector who is a police officer) which sets out the provisions of this Act and the purposes for which the inspector is appointed.

S. 28(2) amended by No. 1/2024 s. 91(b).

(2) An inspector (other than an inspector who is a police officer) must produce the inspector's identification certificate—

(a) before the inspector exercises any power under or for the purposes of this Act; and

(b) to any person in charge or apparent control of the place or thing under investigation who requests its production.

S. 28A inserted by No. 1/2024 s. 92.

28A Police officer identification

A police officer who is not in uniform and exercising a power (other than under a warrant) under or for the purposes of this Act, on request, must produce the police officer's identification for inspection when exercising that power.

29 Powers of inspectors

(1) An inspector has the powers, functions and duties conferred or imposed on the inspector by or under this Act.

(2) An inspector may exercise any powers under this Part for the purposes of determining whether this Act, the regulations or a prescribed livestock management standard is being or has been complied with.

S. 30 (Heading) amended by No. 1/2024 s. 93(1).

30 Powers of inspectors who are inspectors under the Livestock Disease Control Act 1994

S. 30(1) amended by No. 1/2024 s. 93(2).

(1) An inspector who is also an inspector within the meaning of the Livestock Disease Control Act 1994 may exercise any powers of an inspector granted under that Act for the purpose of determining whether this Act, the regulations or a prescribed livestock management standard is being or has been complied with.

S. 30(2) amended by No. 1/2024 s. 93(2).

(2) An inspector who is both an inspector within the meaning of the Livestock Disease Control Act 1994 and a general inspector within the meaning of the Prevention of Cruelty to Animals Act 1986 may exercise any powers of an inspector granted under the Prevention of Cruelty to Animals Act 1986 for the purpose of determining whether this Act, the regulations or a prescribed livestock management standard is being or has been complied with.

S. 30A inserted by No. 12/2022 s. 7, repealed by No. 1/2024 s. 94.

Division 2—Powers of entry

31 Power to enter and inspect with consent

(1) If an inspector reasonably believes that any provision of this Act, the regulations or a prescribed livestock management standard has not been or is not being complied with in respect of a place, the inspector may, at a reasonable time, enter and search the place with the consent of an occupier of the place.

(2) An inspector must not enter and search any place under this section unless, before the occupier consents to that entry, the inspector has informed the occupier—

(a) of the purpose of the search; and

(b) that the occupier may refuse to give consent to the entry and search; and

(c) that the occupier may refuse to consent to the taking of any sample of livestock, a livestock product or fodder during the search; and

(d) that the occupier may refuse to allow an examination of livestock, livestock product, equipment, machinery or facility during the search; and

(e) that the occupier may refuse to answer questions during the search; and

(f) that the occupier may refuse to give consent to the taking of photographs (including video recordings) of a thing or things of a particular kind; and

(g) that any sample of a thing taken during the search with the consent of the occupier may be used in evidence in proceedings.

(3) If an occupier consents to the taking of a sample during a search under this section, the inspector must, before taking the sample, ask the occupier to sign an acknowledgment stating—

(a) that the occupier has consented to the taking of the sample; and

(b) the date and time that the occupier consented.

(4) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the inspector leaves the place.

(5) This section does not limit any other power that an inspector may have to enter a place under this Act or any other Act.

32 Application for search warrants

(1) This section applies if an inspector believes on reasonable grounds that—

(a) a person or persons in connection with a place may have contravened this Act, the regulations or a prescribed livestock management standard; and

(b) the inspector has been, or is likely to be, refused entry to that place.

(2) An inspector, with the written approval of the Secretary, may apply to a magistrate for the issue of a search warrant in relation to a specified place.

S. 32(3) amended by No. 6/2018 s. 68(Sch. 2 item 79).

(3) If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the inspector that there are reasonable grounds to believe that—

(a) it is reasonably necessary that the inspector should have access to the place for the purpose of exercising the inspector's powers or performing the inspector's functions under this Act; and

(b) a contravention of this Act, the regulations or a prescribed livestock management standard has been or is suspected to have been committed, or is being or is likely to be committed within 72 hours—

the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

(d) to exercise all or any of the powers set out in Division 3.

33 Information to be included in a search warrant

(1) A search warrant issued under this Division must state—

(a) the purpose for which the search is required and the nature of the alleged contravention; and

(b) any conditions to which the warrant is subject; and

(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(2) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this Part.

34 Announcement before entry

(1) On executing a search warrant, the inspector executing the warrant—

(a) must announce that the inspector is authorised by the warrant to enter the place; and

(b) if the inspector has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the place.

(2) An inspector need not comply with subsection (1) if the inspector believes, on reasonable grounds, that immediate entry to the place or vehicle is required to ensure—

(a) the safety of any person; or

(b) that the effective execution of the search warrant is not frustrated.

35 Details of warrant to be given to occupier

(1) If the occupier is present at a place where a search warrant is being executed, the inspector must—

(a) identify himself or herself to the occupier; and

(b) give a copy of the warrant to the occupier.

(2) If the occupier is not present at a place where a search warrant is being executed, the inspector must—

(a) identify himself or herself to any person at the premises; and

(b) give to the person a copy of the warrant.

36 Emergency powers

(1) This section applies if an inspector reasonably believes, in relation to a place, that there has been a contravention of this Act or the regulations which has resulted or is likely to result in an emergency.

(2) An inspector may enter any place and exercise the powers set out in Division 3 without the consent of the occupier or a search warrant.

Division 3—Inspector's powers on entry

37 Application of Division

(1) This Division applies if an inspector has entered a place or vehicle under Division 2.

(2) An inspector must exercise the powers under this Division—

(a) at a reasonable time; and

(b) for no longer than necessary.

(3) If an inspector enters a place under section 31, the exercise of any power under this Division is subject to any refusal of consent under section 31.

38 Power to search, inspect or examine

An inspector may search, inspect or examine—

S. 38(a) amended by No. 12/2022 s. 8(1).

(a) any premises that the inspector reasonably believes is or was used in connection with a regulated livestock management activity, or in relation to which the inspector reasonably believes section 50A or 50B has not been or is not being complied with; or

S. 38(b) amended by No. 12/2022 s. 8(2).

(b) any livestock, livestock product, equipment, machinery, item of plant or facility that the inspector reasonably believes is or was used in connection with a regulated livestock management activity, or in relation to which the inspector reasonably believes there is or has been a contravention of section 50A or 50B; or

S. 38(c) amended by No. 12/2022 s. 8(3).

(c) any vehicle that the inspector reasonably believes is or was used in connection with a regulated livestock management activity, or a contravention of section 50A or 50B.

39 Powers regarding production of documents

(1) An inspector may require a person to produce any document that is required by or under this Act and any other document that the inspector reasonably requires and—

(a) examine that document; or

(b) make copies of it or take extracts from it; or

(2) If an inspector retains possession of a document seized from a person pursuant to a search warrant under section 32 or seized in accordance with this Division, the inspector must give the person, within 21 days of the seizure, a copy of the document certified as correct by the inspector.

40 Power to require information

An inspector may require a person—

(a) to answer a question to the best of that person's knowledge, information and belief; or

(b) to take reasonable steps to provide information.

41 Power to take samples

(1) An inspector may take and remove for examination samples of or from any livestock, livestock product or fodder.

(2) An inspector may submit any sample taken in accordance with this Act to a laboratory or place approved by the Secretary for examination.

(3) In this section, fodder has the same meaning as in the Livestock Disease Control Act 1994.

42 Power to take photographs, etc

An inspector may take photographs or measurements or make sketches or recordings.

Division 4—Further powers of inspectors

43 Power to stop and detain vehicles

S. 43(1) amended by No. 12/2022 s. 9(1).

(1) If an inspector reasonably believes that a vehicle is or was being used for a regulated livestock management activity, or in connection with a contravention of section 50A or 50B, an inspector may—

(a) stop and detain any vehicle; or

(b) direct any person in charge of or apparently in charge of the vehicle to proceed to a specified place and stop.

S. 43(2) amended by No. 12/2022 s. 9(2).

(2) Before giving a direction under subsection (1)(b), an inspector must inform the person that the inspector reasonably believes that the vehicle is or was being used for a regulated livestock management activity or in connection with a contravention of section 50A or 50B, as the case requires.

S. 44 amended by Nos 37/2014 s. 10(Sch. item 98.2), 1/2024 s. 95.

44 Inspector may use assistants

An inspector may, in performing any function under this Act, request the assistance of any person to perform that function.

45 Where occupier not present

(1) If an inspector exercises a power under Division 2 or 3 at a place and the occupier of the place is not present, the inspector must, before leaving the place, leave a notice of entry.

(2) A notice given under subsection (1) must contain the following details—

(a) the time of entry;

(b) the purpose of the entry;

(d) the time of departure;

(e) the procedure for contacting the inspector for further details of the entry.

Division 5—Notices to comply

46 Inspector may issue notice to comply

(1) This section applies if an inspector reasonably believes that a person has contravened, or failed to comply with—

(a) a prescribed livestock management standard; or

(b) section 7 or 8; or

(2) An inspector may issue a notice to comply to the person.

47 Content of notice to comply

(1) A notice to comply must include the following details—

(a) the prescribed livestock management standard, section of this Act, approved compliance arrangement or requirement set out in a letter of approval that is reasonably believed to have been contravened or not complied with;

(b) the action that the person must undertake in relation to the contravention or non-compliance;

(2) Without limiting subsection (1), a notice to comply may include directions to do any or all of the following—

(a) improve the condition of specified premises, facilities, equipment or a vehicle to the degree required by a prescribed livestock management standard;

(b) replace specified facilities, equipment or a vehicle that may not comply with a prescribed livestock management standard;

(c) perform any other action to ensure compliance with this Act, the regulations, an approved compliance arrangement, the requirements of a letter of approval or a prescribed livestock management standard.

48 Offence not to comply with notice to comply

(1) A person must not, without reasonable excuse, knowingly, negligently or recklessly fail to comply, within the time specified in the notice, with a notice to comply that is issued to the person for a breach of section 7.

10 penalty units.

(2) A person must not, without reasonable excuse, knowingly, negligently or recklessly fail to comply, within the time specified in the notice, with a notice to comply that is issued to the person for a contravention of or failure to comply with a provision of this Act (other than section 7), the regulations or a prescribed livestock management standard.

in the case of a natural person, 60 penalty units;

in the case of a body corporate, 300 penalty units.

(3) An accredited livestock operator operating under an approved compliance arrangement is not liable to be prosecuted for an offence under this section unless the approved compliance arrangement is suspended in respect of that operator under section 21 or 49.

49 Inspector may issue notice of suspension

(1) This section applies if—

(a) an inspector reasonably believes that—

(i) a livestock operator is operating under an approved compliance arrangement and has contravened, or failed to comply with, a notice to comply issued under section 46; or

(ii) a livestock operator is operating under an approved compliance arrangement and has committed an act or omission that was specified in the letter of approval relating to the approved compliance arrangement as being one which may result in a notice of suspension; or

(iii) a livestock operator has committed an offence against this Act or the regulations; or

(b) a livestock operator has failed to comply with a prescribed livestock management standard and has failed to provide, on request by an inspector, sufficient information to satisfy the inspector that the livestock operator is operating under an approved compliance arrangement.

(2) An inspector may issue a notice of suspension to the livestock operator.

(3) A notice of suspension must state—

(a) the date on which the suspension takes effect; and

(b) the period of time of the suspension.

(4) An inspector must forward a copy of a notice of suspension to the controlling authority that is a party to the approved compliance arrangement to which the notice relates.

S. 49(5) amended by No. 29/2012 s. 19.

(5) For the purposes of this Act, a livestock operator to whom a notice of suspension has been issued under subsection (2) is taken not to be operating under an approved compliance arrangement in relation to a prescribed livestock management standard to which the approved compliance arrangement relates during the period set out in the notice of suspension.

Division 6—Offence

50 Offence to endanger people or animals or risk disease

(1) A person who engages in a regulated livestock management activity must not knowingly, negligently or recklessly act or fail to act in a manner that results in serious risk—

S. 50(1)(a) amended by No. 29/2011 s. 3(Sch. 1 item 54).

(a) to human health; or

(b) to animal welfare; or

S. 50(1)(c) amended by No. 29/2012 s. 20.

(d) of spreading disease.

in the case of a natural person, 60 penalty units;

in the case of a body corporate, 300 penalty units.

(2) A person does not commit an offence under subsection (1) if the person was—

(a) acting reasonably in good faith; or

(b) acting reasonably in the public interest.

(3) An accredited livestock operator is not liable to be prosecuted for an offence under this section if the act or omission occurred in the course of operating under an approved compliance arrangement unless the approved compliance arrangement is suspended in respect of that operator under section 21 or 49.

S. 50A inserted by No. 12/2022 s. 10.

50A Offence to contravene a prescribed biosecurity measure

S. 50A(1) amended by No. 1/2024 s. 96.

(1) A person must not contravene a prescribed biosecurity measure that applies to a premises, or to a specified part of a premises, if—

(a) a biosecurity management plan is in force for the premises or the specified part of the premises, as the case requires; and

(b) a sign that complies with subsection (2) is displayed in accordance with that subsection.

Penalty: in the case of a natural person, 120 penalty units;

in the case of a body corporate, 600 penalty units.

(2) A sign complies with this subsection if the sign—

(a) contains the prescribed information, including—

(i) a summary of any prescribed biosecurity measures that apply to the premises, or to the specified part of the premises, as the case requires; and

(ii) the name of the regulations under which those biosecurity measures are prescribed; and

(b) states that a contravention of a prescribed biosecurity measure is an offence; and

(i) constructed and designed in accordance with the prescribed requirements; and

(ii) affixed and conspicuously displayed in the prescribed manner and in the prescribed location at the premises, or at the specified part of the premises, as the case requires; and

(d) complies with any additional requirements prescribed by the regulations.

(3) A person does not commit an offence under subsection (1) if the person is at the premises, or the specified part of the premises, pursuant to a power conferred upon the person under a provision of this Act or another law including, but not limited to, the following—

(a) section 64(1) of the Magistrates' Court Act 1989;

(b) section 30(1)(c) of the Country Fire Authority Act 1958;

(d) section 54(1)(a) of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992;

(e) section 21(1)(a) of the Food Act 1984;

(f) section 21C(1)(a) of the Prevention of Cruelty to Animals Act 1986;

(g) section 109(1)(a) of the Livestock Disease Control Act 1994;

(h) a provision of the Wildlife Act 1975;

(i) a provision of the Catchment and Land Protection Act 1994;

(j) a provision of the Emergency Management Act 2013, to the extent that the power is exercised in relation to an emergency management sector within the meaning of that Act;

(k) a provision of the Biosecurity Act 2015 of the Commonwealth.

(4) A person does not commit an offence under subsection (1) if the person is at the premises, or the specified part of the premises, in circumstances prescribed by the regulations.

S. 50B inserted by No. 12/2022 s. 10, amended by No. 1/2024 s. 97.

50B Offence to damage or deface a sign

A person must not deface, damage or remove a sign that complies with section 50A(2).

Penalty: 40 penalty units.

Division 7—Infringement notices

51 Power to serve a notice

S. 51(1) amended by Nos 29/2012 s. 21, 12/2022 s. 11.

(1) If an inspector has reason to believe that a person has committed an offence against section 50A or 50B, or an offence against this Act or the regulations prescribed for the purposes of this Division, the inspector may serve an infringement notice on that person.

(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

S. 52 amended by No. 12/2022 s. 12.

52 Penalties to be paid for offences under infringement notices

The penalty for an offence for which an infringement notice has been issued is the penalty prescribed by the regulations, which must not exceed—

(a) in the case of an offence against this Act, or against the regulations, being an offence prescribed for the purposes of this Division, 7 penalty units for an individual; or

S. 52(b) amended by No. 1/2024 s. 98(1).

(b) in the case of an offence against section 50A, 12 penalty units for an individual or 60 penalty units for a body corporate; or

S. 52(c) amended by No. 1/2024 s. 98(2).

Division 8—Provisions related to court proceedings

53 Power to file charges under this Act

A charge-sheet for an offence under this Act or the regulations may only be filed by—

S. 53(a) substituted by No. 37/2014 s. 10(Sch. item 98.3).

(a) a police officer; or

S. 53(b) amended by No. 1/2024 s. 99.

(b) an inspector (other than an inspector who is a police officer).

54 Service of documents

Except where otherwise provided for in this Act, a notice (other than an infringement notice) or other document authorised or required by this Act to be served on or given to a person is to be taken to have been served on or given to that person—

(a) if it is delivered to the person personally; or

(b) if it is left at the address of the person's last known residence or business premises with a person apparently over 16 years of age and apparently residing or employed there; or

55 Offences by bodies corporate

(1) If a body corporate contravenes any provision of this Act or the regulations, each officer of the body corporate is taken to have contravened the same provision if the officer knowingly authorised or permitted the contravention.

(2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against under that provision.

(3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act or the regulations.

56 Conduct by officers, employees or agents of a body corporate

(1) If, in any proceedings under this Act or the regulations, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—

(a) that the conduct was engaged in by an officer of that body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or

(b) that the conduct was engaged in by an agent of the body corporate and—

(i) the agent acted at the specific direction or with the specific consent or agreement of the body corporate; and

(ii) the agent had that state of mind; and

(iii) the body corporate was aware of the agent's state of mind when the conduct was engaged in.

(2) For the purposes of any proceedings under this Act or the regulations, any conduct engaged in on behalf of a body corporate is taken to have been engaged in also by the body corporate if the conduct was engaged in by—

(a) an officer of the body corporate within the scope of the officer's actual or apparent authority; or

(b) any other person at the specific direction or with the specific consent or agreement of an officer of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer.

Division 9—General

57 Evidence of certain matters

(1) A document appearing to be a copy of an instrument of appointment of an inspector, an approval granted under this Act or the regulations or a notice issued under this Act, if accompanied by a certificate appearing to be signed by the Secretary to the effect that it is a copy, is evidence and, in the absence of evidence to the contrary, is proof of the existence and contents of the original.

(2) A certificate appearing to be signed by the Secretary to the effect that, on a date specified in the certificate, a person held or did not hold an approval under this Act specified in the certificate is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

58 Offences relating to enforcement

(1) A person must not—

(a) without reasonable excuse obstruct or hinder an inspector in exercising the inspector's powers under this Act; or

(b) contravene a lawful direction, order or requirement of an inspector; or

(c) refuse to answer a question lawfully asked by an inspector or to produce a document lawfully required by an inspector; or

(d) give, procure or offer or promise any bribe, recompense, inducement or reward to influence an inspector in the exercise of the inspector's powers or the discharge of the inspector's duties under this Act or attempt to do so; or

(e) interfere with anything done by an inspector in the exercise of the inspector's powers under this Act.

10 penalty units.

(2) A person must not—

(a) give to an inspector any information or answer that is false or misleading; or

(b) include in an application or request to the Secretary under this Act a statement that the person knows to be false or misleading in a material respect.

60 penalty units.

(3) Despite anything to the contrary in this Act, a person may refuse to answer an inspector's question or to produce a document to the inspector if the person believes that the answer or information in the document would tend to incriminate the person.

59 Livestock operators and employers responsible for the acts of their employees and contractors

(1) A livestock operator or employer is liable under this Act for anything done or not done by an employee or contractor in the course of carrying out the regulated livestock management activity of the livestock operator or employer.

(2) It is a defence to any offence under this Act or the regulations if the person who committed the contravention did so under the instruction or direction of a livestock operator or the person's employer.

60 Evidence

In any legal proceedings under this Act—

(a) the production of a copy of the Government Gazette containing any matters required by or under this Act to be published in the Government Gazette is conclusive evidence of those matters; and

(b) in the absence of evidence to the contrary, proof is not required of—

(i) the appointment of a person as an inspector; or

(ii) the appointment of any other employee in the Department for the purposes of this Act; or

(iii) the authority of any inspector appointed under section 27 to take proceedings for an offence under this Act.

61 Neglect to prosecute

If a person who filed a charge-sheet for an alleged offence under this Act or the regulations does not appear at the hearing or in any other way fails to proceed with the prosecution, the court hearing the alleged offence may authorise another person to take or continue the proceedings for that offence, whether on that charge or not.

62 Liability for offences

(1) If two or more persons are guilty of an offence under this Act or the regulations, each of those persons is liable to the penalty for that offence without affecting the liability of any other person.

(2) Any person who aids or abets the commission of an offence under this Act or the regulations is guilty of the offence.

(3) If this Act provides or the regulations provide that a person, being a partnership or an unincorporated body, is guilty of an offence, that reference to a person is to be construed as a reference to each member of the partnership or of the committee of management of the unincorporated body (as the case may be).

Part 6—General

63 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) prescribing livestock management standards;

(b) prescribing offences for breaches of prescribed livestock management standards;

(d) grounds for the approval of a compliance arrangement;

(e) the criteria that must be included in a letter of approval;

(f) grounds for suspension or revocation of an approved compliance arrangement;

S. 63(1)(fa) inserted by No. 12/2022 s. 13.

(fa) prohibiting or regulating entry to or remaining at a premises, or a specified part of a premises, to which a biosecurity management plan applies without the consent of a person or persons;

S. 63(1)(fb) inserted by No. 12/2022 s. 13.

(fb) requiring persons to record their entry to and movements at a premises, or a specified part of a premises, to which a biosecurity management plan applies;

S. 63(1)(fc) inserted by No. 12/2022 s. 13.

(fc) prescribing the circumstances in which a person may enter or remain at a premises, or a specified part of a premises, to which a biosecurity management plan applies;

S. 63(1)(fd) inserted by No. 12/2022 s. 13.

(fd) requiring persons entering a premises, or a specified part of a premises, to which a biosecurity management plan applies to provide such identification as is prescribed;

S. 63(1)(fe) inserted by No. 12/2022 s. 13.

(fe) requiring compliance with specified protocols and procedures in respect of a premises, or a specified part of a premises, to which a biosecurity management plan applies;

S. 63(1)(ff) inserted by No. 12/2022 s. 13.

(ff) matters that must be included in a biosecurity management plan;

S. 63(1)(fg) inserted by No. 12/2022 s. 13.

(fg) matters that may be included in a biosecurity management plan;

S. 63(1)(fh) inserted by No. 12/2022 s. 13.

(fh) templates, forms, maps or diagrams, as appropriate, in relation to signs, records, biosecurity management plans or prescribed documents;

S. 63(1)(fi) inserted by No. 12/2022 s. 13.

(fi) the creation, keeping and maintenance of records, including the information to be included and the retention period, about persons who enter or remain in a premises, or a specified part of a premises, to which a biosecurity management plan applies ;

S. 63(1)(fj) inserted by No. 12/2022 s. 13.

(fj) bio security measures that apply to a premises, or to a specified part of a premises, or to classes of premises or specified parts of premises, to which a biosecurity management plan applies;

S. 63(1)(fk) inserted by No. 12/2022 s. 13.

(fk) prescribing information to be included in signage for the purposes of section 50A(2)(a);

S. 63(1)(fl) inserted by No. 12/2022 s. 13.

(fl) prescribing requirements in relation to signs for the purposes of section 50A(2)(c);

S. 63(1)(fm) inserted by No. 12/2022 s. 13.

(fm) prescribing additional matters in relation to signs for the purposes of section 50A(2)(d);

S. 63(1)(fn) inserted by No. 12/2022 s. 13.

(fn) exempting persons or classes of person from any requirements specified in the regulations;

S. 63(1)(fo) inserted by No. 12/2022 s. 13.

(fo) prescribing means (including but not limited to electronic means) for seeking and giving consent to entry to a premises, or a specified part of a premises, to which a biosecurity management plan applies;

(g) prescribing fees and charges for the provision of services;

(h) generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstances; and

(d) may confer powers or impose duties on an inspector; and

(e) may apply, adopt or incorporate by reference any document either—

(i) as formulated, issued, prescribed or published at the time the regulation is made or any time before the regulation is made; or

(ii) as published or amended from time to time; and

(f) may require any application or other document required by this Act to be verified by statutory declaration; and

(g) may impose penalties not exceeding 20 penalty units for any contravention of the regulations or a prescribed livestock management standard; and

(h) in the case of fees, may provide for any or all of the following—

(i) specific fees;

(ii) maximum fees;

(iii) differential fees;

(iv) fees to be fixed and collected by the Secretary .

(3) The regulations are subject to disallowance by a House of the Parliament.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 10 December 2009

Legislative Council: 11 March 2010

The long title for the Bill for this Act was "A Bill for an Act to regulate livestock management in Victoria and for other purposes."

The Livestock Management Act 2010 was assented to on 20 April 2010 and came into operation on 1 January 2011: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Livestock Management Act 2010 by Acts and subordinate instruments.

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Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 54) on 22.6.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Livestock Management Act 2010

Primary Industries Legislation Amendment Act 2012, No. 29/2012

Assent Date:	29.5.12
Commencement Date:	Ss 19–21 on 1.9.12: Special Gazette (No. 267) 31.7.12 p. 1
Current State:	This information relates only to the provision/s amending the Livestock Management Act 2010

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 27) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Livestock Management Act 2010

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 98) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Livestock Management Act 2010

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 79) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Livestock Management Act 2010

Livestock Management Amendment (Animal Activism) Act 2022, No. 12/2022

Assent Date:	29.3.22
Commencement Date:	Ss 4–13 on 1.7.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Livestock Management Act 2010

Biosecurity Legislation Amendment (Incident Response) Act 2024, No. 1/2024

Assent Date:	13.2.24
Commencement Date:	Ss 96−98 on 22.4.24: Special Gazette (No. 182) 16.4.24 p. 1; ss 90−95, 99 on 1.10.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Livestock Management Act 2010

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3 Explanatory details

No entries at date of publication.

1 Livestock Management Act 2010

Version No. 009

Livestock Management Act 2010

No. 15 of 2010

Version incorporating amendments as at
1 October 2024

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Application 7

5 Binding of Crown 8

Part 2—Duties concerning livestock management 9

6 Livestock operators must comply with prescribed livestock management standards 9

7 Livestock operator must carry out systematic risk assessment 9

8 Content of systematic risk assessment 9

9 Minister may declare intention to prescribe standard 10

Part 3—Compliance arrangements 11

10 Exemption for approved compliance arrangements 11

11 Approval of compliance arrangement 11

12 Application to approve compliance arrangement 11

13 Content of compliance arrangement 12

14 Criteria for approval of compliance arrangement 12

15 Minister to issue letter of approval 13

16 Minister to provide reasons for not approving a compliance arrangement 14

17 Compliance monitoring 14

18 Minister may amend conditions of approved compliance arrangement by written notice 14

19 Audit of approved compliance arrangements 14

20 Revocation or suspension 15

21 Suspension of approval of accredited livestock operator 16

Part 3A—Biosecurity management plans and prescribed biosecurity measures 18

21A Biosecurity management plans 18

21B One biosecurity management plan only for the whole or part of a premises 18

21C Disclosure of contents of biosecurity management plan for the whole or part of a premises 19

Part 4—Administration 20

22 Delegations by Minister 20

23 Delegations by Secretary 20

24 Minister may approve forms 20

25 Minister may approve guidelines 20

26 Minister and Secretary to have regard to any guidelines 21

Part 5—Enforcement 22

Division 1—Inspectors 22

27 Inspectors 22

Several defined concepts structure rights, duties and enforcement. These definitions in s 3 determine who is captured and what legal instruments operate.

Regulated livestock management activity, livestock and livestock product. The Act applies to any activity relating to the health, husbandry or biosecurity of livestock during any stage from birth to slaughter, explicitly including transport and holding (s 3, definitions of "livestock management activity" and "livestock"). Livestock product is defined by reference to the Livestock Disease Control Act 1994 (s 3).
Prescribed livestock management standard and prescribed biosecurity measure. The Governor in Council may prescribe standards and biosecurity measures by regulation (s 63(1)(a), (fn) and the definition in s 3). A prescribed standard is the central regulatory instrument that creates mandatory duties for livestock operators (s 6).
Livestock operator. This is either a person operating a business that engages in a regulated livestock management activity, or a person in charge of livestock (s 3). The term therefore captures both business entities and individuals with day‑to‑day control.
Systematic risk assessment. Defined by reference to ss 7-8 and required of livestock operators who carry out a regulated activity, the assessment must evaluate likely risks to animal welfare and biosecurity and set out control measures to ensure compliance with prescribed standards and to minimise identified risks (ss 7-8). The assessment must be completed within six months after the standard is prescribed or the operator commences the activity (s 7(2)).
Compliance arrangement, approved compliance arrangement and accredited livestock operator. A compliance arrangement is either a quality assurance program or an inspection and certification arrangement (s 3). The Minister may approve such arrangements under s 11 and issue a letter of approval (s 15). Once the controlling authority accepts the letter, the arrangement becomes an approved compliance arrangement (s 3). A livestock operator accredited under an approved compliance arrangement is an accredited livestock operator and benefits from limited exemptions from specific offences and duties (s 10).
Controlling authority. A person or statutory body responsible for a compliance arrangement (s 3). The controlling authority prepares the application and bears obligations in relation to monitoring, verification and audits under ss 13, 17-19.
Biosecurity management plan and prescribed biosecurity measure. Introduced by amendment, a "biosecurity management plan" is a document containing measures to identify, prevent, eliminate or minimise biosecurity impacts relating to livestock activities and must include any mandatory matters prescribed by the regulations (s 3). The Act provides that people who manage livestock at premises or persons in prescribed classes may prepare plans (s 21A), and the regulations may prescribe measures that apply to premises or parts of premises and the signage and record keeping that accompany them (s 63(1)(fj)-(fm)).
Inspectors and powers. Inspectors are appointed by the Secretary and include those appointed under the Livestock Disease Control Act 1994 (s 27). They are empowered to seek compliance, enter with consent, apply for warrants, exercise emergency entry, require production of documents, take samples and issue notices to comply and notices of suspension (Part 5, Divs 1-5).

The Act coordinates standards with a list of other statutes (s 4). Where a prescribed livestock management standard conflicts with a requirement under a listed Act, compliance with the listed Act is taken to satisfy the standard (s 4(2)). Later amendment introduced an express rule that compliance with a biosecurity management plan or prescribed biosecurity measure will be taken to be compliance with a less stringent requirement under a listed Act where inconsistent (s 4(2A)). The Minister’s letter of approval is also core to the governance of approved compliance arrangements as it defines monitoring, non‑conformance and suspension triggers (s 15).

The Act’s reach spans several groups and organisational forms, each with different duties and exposure to enforcement.

Livestock operators. Defined in s 3, these persons operate businesses engaging in regulated livestock management activities or are persons in charge of livestock. They carry the primary duties to comply with prescribed livestock management standards (s 6) and to conduct systematic risk assessments within the statutory timeframes (ss 7-8) unless operating under an approved compliance arrangement (s 10). They are directly liable for a range of offences (Part 5, Div 6), and s 59 makes livestock operators and employers liable for acts or omissions of employees and contractors in the course of the regulated activity.
Controlling authorities and accredited livestock operators. Controlling authorities prepare and administer compliance arrangements (s 3). They apply to the Minister for approval (s 12), and are subject to monitoring, auditing and potential imposition of conditions by the Minister (ss 17-19). Accredited livestock operators operating under an approved compliance arrangement enjoy statutory exemptions from some duties and are shielded from prosecution for particular offences while the approved arrangement and accreditation remain in effect (s 10; s 50(3)). However, the Minister may suspend approval or an operator’s accreditation on specified grounds (ss 20-21), which changes the operator’s exposure.
The Department, Secretary and Minister. The Department of Energy, Environment and Climate Action is the administrative hub, with the Secretary responsible for issuing letters of approval, keeping compliance under review and issuing inspector identification (ss 15, 17, 28). The Minister decides whether to approve compliance arrangements, may impose conditions and may revoke or suspend approvals (ss 11, 18, 20). Both Minister and Secretary must have regard to any guidelines the Minister approves (ss 25-26), and both may be delegated powers (ss 22-23).
Inspectors and police. Inspectors are appointed by the Secretary and are empowered under Part 5 to enforce the Act. Inspectors who are also inspectors under the Livestock Disease Control Act 1994 or officers under other statutes have cross‑jurisdictional powers (s 30). Police officers exercising powers under the Act must produce identification if not in uniform (s 28A).
Occupiers and visitors to premises. The Act affects occupiers of premises where livestock activities occur. Consent is required for entry under s 31, and occupiers have statutory rights to be informed before consenting to entry and sampling, and to refuse certain actions (s 31(2)-(4)). For premises subject to a biosecurity management plan, regulations may restrict entry, require record keeping and impose other obligations on persons entering or remaining on the premises (s 63(1)(fa)-(fm)).
Bodies corporate, officers and agents. Corporations and their officers can be prosecuted: s 55 treats officers who knowingly authorise or permit a contravention as having contravened the same provision. Section 56 sets out how a body corporate’s state of mind may be established through officer or agent conduct. The Act also imposes liability for aiding, abetting and joint offences (s 62).
The Crown. The Act binds the Crown in right of the State of Victoria and, to the extent permitted, in other capacities (s 5). That binding indicates government operations fall within the statutory regime.
Persons preparing biosecurity management plans. Under s 21A, a person who manages a livestock activity at premises or a person in a prescribed class may prepare a biosecurity management plan. The person who prepares such a plan is subject to the statutory structure governing plans, including exclusivity rules (s 21B) and the limited disclosure rule (s 21C).

In practical terms, most businesses that keep, transport or handle livestock or livestock products will be affected, either by direct obligations under the Act or by the operation of approved compliance arrangements and biosecurity plans. The Act also affects service providers, contractors and employees through vicarious and direct liability provisions.

The Act allocates clear duties to livestock operators, controlling authorities and public officials, and creates procedural rights for persons interacting with inspectors or seeking approvals.

Primary duties

Compliance with prescribed standards. A livestock operator must comply with all applicable prescribed livestock management standards when engaging in a regulated livestock management activity (s 6). The regulations are the mechanism for creating those standards (s 63(1)(a)).
Systematic risk assessments. Where a livestock operator carries out a regulated activity, the operator must conduct a systematic risk assessment within six months after the relevant standard is prescribed or commencement of the activity (s 7(1)-(2)). The assessment must identify likely risks to animal welfare and biosecurity and set out control measures to ensure compliance with the standard and to minimise risks (s 8).
Compliance arrangements. Controlling authorities preparing compliance arrangements must include specified content: description of the quality assurance or inspection program, risk assessment, compliance strategies, accreditation system for operators and verification arrangements (s 13). Where approved, the controlling authority must comply with the terms in the Minister’s letter of approval (s 15).
Reporting and cooperation. The letter of approval may require monitoring and reporting to the Department and specify major non‑conformances and their effects (s 15(2)(c)-(e)). Controlling authorities must provide information requested by the Minister during the application process (s 12(3)).
Records and signs for biosecurity plans. Regulations may require record keeping about persons who enter premises subject to a biosecurity management plan and prescribe signage requirements (s 63(1)(fi), (fk)-(fm)). Section 50A requires specific signage to be displayed where a biosecurity management plan applies and prescribes content and construction requirements for that signage (s 50A(2)).

Duties on inspectors and public officials

Identification and conduct. Inspectors must be issued identification certificates and produce them before exercising powers (s 28). Police officers exercising powers under the Act who are not in uniform must produce identification on request (s 28A).
Oversight of compliance arrangements. The Secretary must keep the extent of compliance with each approved compliance arrangement under regular review (s 17). The Minister may require audits and specify minimum auditor qualifications and reporting requirements (s 19).

Rights, protections and procedural entitlements

Consent and information before entry. If an inspector seeks to enter with consent, the inspector must inform the occupier of the purpose of the search, the occupier’s right to refuse consent to entry, sampling, examination, answering questions and taking photographs and that samples may be used in evidence (s 31(2)). If the occupier consents to sampling, the occupier must be asked to sign an acknowledgement before the sample is taken and be given a copy (s 31(3)-(4)).
Right to refuse certain things. Section 31 grants occupiers the right to refuse consent to a range of actions during a consensual search. Separately, s 58(3) recognises a person may refuse to answer an inspector’s question or produce a document if the answer or information would tend to incriminate the person.
Procedural notice. Where an inspector enters in the occupier’s absence, the inspector must leave a notice of entry containing time, purpose, actions taken and contact procedure (s 45).
Exemption from prosecution while accredited. Accredited livestock operators operating under an approved compliance arrangement are not required to comply with ss 7-8 and are not liable to prosecution for various offences under the Act in relation to standards covered by the approved compliance arrangement unless the arrangement is suspended in respect of that operator (s 10; s 50(3); s 48(3)).
Ministerial decisions and reasons. If the Minister refuses to approve a compliance arrangement, the Minister must give written reasons for the decision (s 16). Similarly, if the Minister revokes or suspends approval, written notice and reasons must be provided and, where suspended, the period stated (s 20(2)).
Time to accept terms. Controlling authorities must advise the Secretary within 21 days whether they accept the terms of a letter of approval and must likewise respond within 21 days if the Minister imposes a new condition (ss 15(3), 18(3)). Failure to accept within the timeframes is a ground for revocation or suspension (s 20(1)(c)).

Limitations and procedural features

No express appeal route set out. The Act requires notice and reasons for refusal or revocation (ss 16, 20) but does not prescribe a statutory merits appeal or review process within the text of the Act. The administrative law pathways available outside the Act remain unaffected by the statutory silence.
Ministerial discretion. The Minister has a gatekeeping role for approvals, for imposing conditions and for revoking or suspending approved compliance arrangements (ss 11, 18, 20). Those powers are framed as discretionary but must be exercised with published reasons when refusal occurs (s 16) and with written notice when revoking or suspending (s 20).

These duties, procedural protections and exemptions structure how operators manage risk, how controlling authorities design compliance systems and how inspectors and the Department exercise enforcement and oversight.

The Act sets out a graduated enforcement architecture combining criminal offences, infringement notices and administrative sanctions, supported by robust inspection and seizure powers.

Offences and penalties

Failure to comply with a notice to comply. Section 48 creates an offence for failing, without reasonable excuse, to comply with a notice to comply issued under s 46. Where the notice concerns a breach of s 7 (failure to carry out a systematic risk assessment), the penalty is 10 penalty units. For other contraventions, the fine is 60 penalty units for a natural person and 300 penalty units for a body corporate. Accredited operators under an approved compliance arrangement are not liable to be prosecuted under s 48 unless the approved compliance arrangement is suspended in respect of that operator (s 48(3)).
Endangering people or animals or risking disease. Section 50 makes it an offence for a person engaging in a regulated livestock management activity to knowingly, negligently or recklessly act or fail to act in a manner that results in a serious risk to human health, animal welfare, biosecurity or of spreading disease. Penalties are 60 penalty units for an individual and 300 penalty units for a corporation. Defences include acting reasonably in good faith or acting reasonably in the public interest (s 50(2)). Accredited operators are protected from prosecution for s 50 offences while operating under an approved compliance arrangement unless suspended (s 50(3)).
Contravention of prescribed biosecurity measures. Section 50A creates a specific offence to contravene a prescribed biosecurity measure that applies to premises if a biosecurity management plan is in force for the premises and a compliant sign is displayed. Penalties are 120 penalty units for a natural person and 600 for a body corporate. Section 50A(2) sets detailed signage requirements. Section 50A(3) lists circumstances where a person is not committing an offence because they are on the premises pursuant to powers in other statutes.
Damaging or defacing signage. Section 50B makes it an offence to deface, damage or remove a sign that complies with s 50A(2), with a penalty of 40 penalty units.
Offences relating to enforcement. Section 58 sets penalties for obstructing or hindering inspectors (10 penalty units), giving false or misleading information, and other enforcement‑related misconduct (60 penalty units).

Infringement notices and monetary penalties

Inspectors may issue infringement notices for offences against s 50A or s 50B, or for other offences prescribed in the regulations (s 51). The regulations prescribe applicable infringement penalties, capped by the Act. For s 50A offences the maximum infringement penalty is 12 penalty units for an individual or 60 for a body corporate; for s 50B the maximum is 6 penalty units (s 52).

Administrative sanctions

Notices to comply and notices of suspension. Inspectors may issue notices to comply (ss 46-47) requiring remedial action within a stated time. Inspectors may also issue notices of suspension where an accredited operator is believed to have contravened requirements or where the operator failed to provide sufficient information to demonstrate they are operating under an approved compliance arrangement (s 49). A notice of suspension causes the operator to be taken not to be operating under the approved compliance arrangement for the suspension period (s 49(5)).
Ministerial revocation or suspension of approved compliance arrangements. The Minister may revoke or suspend an approved compliance arrangement where there has been serious failure to comply, a specified major non‑conformance, failure to accept imposed conditions or failure to comply with the letter of approval (s 20). The Minister must give written reasons and specify the period of suspension where relevant (s 20(2)).

Powers of inspection, search and seizure

Entry with consent and rights. Inspectors can enter with the occupier’s consent and must inform the occupier of the purpose and of the occupier’s rights before obtaining consent (s 31(1)-(2)). Where consent to sampling is given, the inspector must obtain and provide a signed acknowledgement (s 31(3)-(4)).
Search warrants. An inspector with the Secretary’s written approval may apply to a magistrate for a search warrant where entry has been or is likely to be refused and where it is reasonably necessary to access the place and a contravention is suspected (s 32). Warrants authorise entry by force if necessary and the exercise of Division 3 powers (s 32(3)).
Emergency powers. Where an inspector reasonably believes a contravention has resulted or is likely to result in an emergency, the inspector may enter without consent or warrant and exercise Division 3 powers (s 36).
Inspection powers. On entry, inspectors may search, inspect and examine premises, livestock, livestock products, equipment and vehicles believed to be used in connection with regulated activities or contraventions of s 50A or s 50B (s 38). Inspectors may require production of documents, retain documents temporarily for copying and must supply certified copies within 21 days (s 39). Inspectors may require information, take and submit samples to approved laboratories and take photographs, measurements and recordings (ss 40-42).
Stopping and detaining vehicles and use of assistants. Inspectors may stop and detain vehicles believed to be used in regulated activities or connected to contraventions (s 43). Inspectors may use assistants to perform functions (s 44).

Prosecution pathways and evidentiary presumptions

Filing of charges. A charge‑sheet may be filed by a police officer or by an inspector (s 53).
Corporate and officer liability. Section 55 treats officers who knowingly authorise or permit contraventions as having contravened. Section 56 allows a body corporate’s state of mind to be established through conduct of authorised officers or agents. Section 62 sets out joint and accessory liability.
Evidentiary rules. Certificates by the Secretary attesting to appointments, approvals and notices are admissible as evidence absent contrary proof (s 57). Production of the Government Gazette is conclusive evidence of matters required to be published (s 60).

The enforcement model combines criminal deterrents, administrative correction and suspension mechanisms with broad investigatory powers. The Act creates built‑in protections for accredited operators while giving the Minister and inspectors significant discretion to suspend, revoke, inspect and prosecute.

The Act is drafted to operate alongside a number of specific statutes and to allow regulatory cross‑recognition, while also preserving the capacity to impose biosecurity measures that may interact with other regulatory regimes.

Preservation and priority of listed Acts

Listed Acts. Section 4(1) lists seven statutes that the Act is not intended to displace: Food Act 1984; Prevention of Cruelty to Animals Act 1986; Meat Industry Act 1993; Impounding of Livestock Act 1994; Livestock Disease Control Act 1994; Catchment and Land Protection Act 1994; Fisheries Act 1995; and Dairy Act 2000 (s 4(1)). The text states nothing in this Act affects the operation of those Acts or anything done under them.
Cross‑compliance rule. Where there is a conflict between requirements of a prescribed livestock management standard and a requirement, prescribed standard or applicable code under a listed Act, compliance with the listed Act is taken to be compliance with the prescribed livestock management standard (s 4(2)). That rule effectively allows listed Acts to satisfy or trump conflicting prescribed standards when the listed Act is more stringent or inconsistent.

Biosecurity management plans and inconsistencies

Priority for biosecurity plans. Section 4(2A), inserted by amendment, clarifies that compliance with a biosecurity management plan or a prescribed biosecurity measure will be taken to be compliance with certain listed Act requirements in the event of inconsistency, where the listed Act has a less stringent requirement, prescribed standard or code. This gives biosecurity management plans a degree of primacy over less stringent requirements in the listed Acts.

Cross‑statute powers for inspectors

Cross‑vesting of inspector powers. Section 30 allows inspectors who are also inspectors under the Livestock Disease Control Act 1994 to exercise powers under that Act for the purpose of determining compliance with this Act. Similarly, inspectors who are also general inspectors under the Prevention of Cruelty to Animals Act 1986 may exercise powers under that Act in aid of enforcement under this Act (s 30(2)). This cross‑statutory use of powers creates operational synergy for enforcement.
Exceptions in s 50A(3). The offence in s 50A does not apply where a person is at the premises pursuant to powers conferred by an enumerated list of other statutes, including specific sections of the Magistrates' Court Act 1989, Country Fire Authority Act 1958, Fisheries Act 1995, Agricultural and Veterinary Chemicals (Control of Use) Act 1992, Food Act 1984, Prevention of Cruelty to Animals Act 1986, Livestock Disease Control Act 1994, Wildlife Act 1975, Catchment and Land Protection Act 1994, Emergency Management Act 2013 and the Commonwealth Biosecurity Act 2015 (s 50A(3)). That list recognises the legitimate exercise of other statutory powers as a defence against s 50A liability when acting under those laws.

Regulatory delegation and incorporation

Regulations may adopt documents by reference. Section 63(2)(e) permits regulations to apply, adopt or incorporate any document either as formulated when the regulation is made or as published or amended from time to time. Regulations may thus import externally produced standards, codes or templates without reproducing them in primary legislation.
Overlapping regulation of premises and movement. The regulations, as authorised by s 63, may do a range of detailed things such as prohibiting or regulating entry to premises subject to biosecurity management plans, requiring persons to record entry and movement, prescribing circumstances for entry, identification requirements, protocols, templates and record keeping. Those regulatory powers are likely to interact practically with obligations under other statutes addressing animal health, food safety and land use.

Administrative law and review

Reasons and notices. The Act requires the Minister and the Department to provide written reasons for refusals and to provide written notices when suspending or revoking approvals (ss 16, 20(2)). The Act does not create an internal appeal mechanism for approval decisions, but those notices and reasons will be material for any external judicial review or merits review processes available under general administrative law.

Commonwealth law interactions

Commonwealth Biosecurity Act 2015. Section 50A(3)(k) lists the Commonwealth Biosecurity Act 2015 among statutes whose powers, when exercised, protect the actor from liability under s 50A. That specific cross‑reference recognises areas of concurrent federal regulation of biosecurity and allows actions taken under Commonwealth biosecurity powers to be insulated from this Act’s s 50A offence.

In short, the Act is designed to sit alongside, and to coordinate with, an enumerated set of Acts that together regulate animal welfare, public health and primary production. The coordination mechanisms are both permissive,allowing incorporation and cross‑use of powers,and protective,treating compliance with certain listed Acts or with biosecurity plans as compliance with the prescribed standards in specified circumstances.

The version supplied incorporates a sequence of amendments. The table of amendments and embedded marginal notes in the text identify what change instruments inserted which provisions and when.

Key amendment milestones recorded in the Act’s endnotes and inline notes are:

Statute Law Revision Act 2011 (No. 29/2011). This Act made style and technical changes implemented from 22 June 2011; a specific item amends s 3 as noted in the table of amendments.
Primary Industries Legislation Amendment Act 2012 (No. 29/2012). Relevant provisions from 1 September 2012 amended ss 19-21 and other items, and are noted in the table as affecting the operation of the Act from that date.
Statute Law Revision Act 2013 (No. 70/2013). Amendments commenced on 1 December 2013 and affected the definition of Department among other style provisions.
Victoria Police Amendment (Consequential and Other Matters) Act 2014 (No. 37/2014). Commenced 1 July 2014 and introduced amendments including the insertion and later repeal references to "police officer" definitions and related adjustments in Part 5. The endnotes reference s 10(Sch. item 98).
Oaths and Affirmations Act 2018 (No. 6/2018). A consequential amendment affecting s 32(3) commenced 1 March 2019.
Livestock Management Amendment (Animal Activism) Act 2022 (No. 12/2022). Assented 29 March 2022; ss 4-13 of that amending Act came into force 1 July 2022. The inline marginal notes show that this amendment inserted multiple definitions central to biosecurity (definitions of biosecurity impact, biosecurity management plan, biosecurity matter, carrier, chemically affected, livestock product, prescribed biosecurity measure), and inserted Part 3A (ss 21A-21C) as well as the new offences s 50A and s 50B. It also added a suite of regulation‑making powers relating to biosecurity management plans in s 63 (items (fa)-(fn) and related subsections). The amendments substantially broadened the Act’s biosecurity toolkit and enforcement options.
Biosecurity Legislation Amendment (Incident Response) Act 2024 (No. 1/2024). This Act, with varying commencement dates noted in the table of amendments, implemented further changes. Specific marginal notes indicate amendments to definitions (Department, inspector), insertion of police officer identification rule s 28A, changes to ss 30, 43, 51, 52 and numerous other sections, with parts commencing 22 April 2024 and others 1 October 2024. The 2024 amendments further aligned the Act with incident response mechanisms under broader biosecurity legislation and adjusted enforcement and inspector provisions.

How the amendment notes are presented

Inline marginal notes show which subsections were inserted by which amending Act. For example the definitions of "biosecurity impact", "biosecurity management plan", "biosecurity matter" and "carrier" are annotated "inserted by No. 12/2022 s. 4(1)". Part 3A’s heading and ss 21A-21C are expressly noted as inserted by No. 12/2022 s. 6.
The table of amendments in the endnotes lists each amending Act, its assent date and commencement date for the items affecting this Act, with a brief note of the provisions affected. For practitioners, those endnote entries identify which parts of the text post‑date the original 2010 enactment and which inserted the biosecurity‑related regime in 2022 and 2024.

Practical consequence of the amendment history

The 2022 amendments introduced the biosecurity management plan concept and new offences (s 50A and 50B) and expanded the regulation‑making power to enable granular restrictions and record‑keeping on premises to which a biosecurity management plan applies.
The 2024 amendments further adjusted inspector identification, cross‑statutory powers and infringement penalty specifications and aligned the Act with incident response provisions, reflecting an ongoing legislative development to strengthen biosecurity incident response capacity.

When advising clients or preparing compliance systems, it is necessary to consult the current consolidated version of the Act and the regulations because key definitional and enforcement additions are the result of relatively recent amendments that materially expanded regulatory scope in the biosecurity area.

The Act as provided does not include any reported judicial decisions or case law within its text or endnotes. The endnotes contain the Minister’s second reading speech references and the list of amending Acts, but there are no case citations or summaries of litigation in the supplied material.

What the Act does supply that is relevant to litigation and prosecutions

Process for filing charges. Section 53 clarifies who may file a charge sheet under the Act: a police officer or an inspector (other than an inspector who is a police officer). That provision determines who has standing to initiate prosecutions under the Act and may influence how matters are progressed in court.
Evidentiary presumptions. Sections 57 and 60 make clear that certain documentary proofs are prima facie evidence in proceedings: certified copies of instruments of appointment, approvals and notices by the Secretary are admissible and presumptive proof unless contradicted (s 57). Production of the Government Gazette containing items required to be published under the Act is conclusive evidence of those matters (s 60). These provisions shape evidentiary preparation in prosecutions and defences.
Corporate and officer liability. Sections 55 and 56 define the approach to corporate liability and attribution of state of mind. Those sections are likely to be engaged in litigation where officers are alleged to have authorised contraventions, and they specify the evidentiary routes by which corporate responsibility can be established.
Administrative decisions. The Act requires written reasons for refusal to approve a compliance arrangement (s 16) and written notice and reasons for revocation or suspension (s 20(2)). Such decisions will be susceptible to judicial review and are likely to be challenged by way of administrative law remedies where procedural fairness, jurisdictional error or reasonableness issues are present. The Act does not itself provide an internal appeal mechanism against the Minister’s approval decisions; judicial review pathways therefore remain the principal remedy for challenging administrative decisions under the Act.

No case names appear in the statute’s endnotes or marginal notes. For litigation research and precedent, practitioners must search court databases and reported judgments for any cases that have applied the Act, as the statutory text itself contains no litigation history.

The Act contains several practical and procedural traps that can result in significant compliance or enforcement exposure. These are not evaluative judgments; they are mechanical features and operational frictions that practitioners and operators should note.

Exemption is conditional and fragile

Approved compliance arrangements provide exemptions, but the exemption is conditional and can be lost. A livestock operator operating under an approved compliance arrangement is not required to comply with s 7 or s 8 and is protected from certain prosecution risks (s 10). However, the Minister can impose further conditions on approvals (s 18) and may revoke or suspend approval for specified grounds such as major non‑conformance or failure to accept imposed conditions within 21 days (s 20). An operator that believes it is "accredited" should confirm the controlling authority has accepted the Minister’s letter of approval within the 21 day window (s 15(3)); failure to track acceptance or imposed conditions can convert statutory immunity into exposure.

Timing and content obligations for risk assessments

The systematic risk assessment timeframe is strict. A livestock operator must carry out a systematic risk assessment within six months after the later of the standard being prescribed or commencement of the activity (s 7(2)). The assessment must contain both an assessment of likely animal welfare and biosecurity risks and details of control measures to ensure compliance and minimise risks (s 8). Failure to perform the assessment or to meet the content requirements can trigger enforcement and a penalty under s 48 where a notice to comply is issued.

Signage and biosecurity plans are exacting

The s 50A offence depends on specific signage requirements. A person commits the offence of contravening a prescribed biosecurity measure where a biosecurity management plan is in force and a sign complying with s 50A(2) is displayed. The sign must include prescribed information, cite the regulations under which measures are prescribed, state the offence and comply with prescribed construction, affixing and display requirements (s 50A(2)(a)-(d)). Failure to meet any of these detailed design or placement requirements can affect both the application of the offence and the rights and obligations of persons on the premises. Damaging or removing such signage carries a separate 40 penalty unit offence (s 50B).

Consent to entry and evidential care

Consensual entry requires specific pre‑consent information. If an inspector seeks to enter with consent, the inspector must inform the occupier of a list of rights and the purpose of the search before consent is given (s 31(2)). Where samples are taken with consent, the occupier must be asked to sign an acknowledgement and be provided a copy (s 31(3)-(4)). Failure to follow those procedural safeguards can give rise to evidentiary disputes and administrative complaints.

Inspector powers are broad and cross‑statute

Inspectors may exercise powers under other Acts in relation to compliance with this Act. Inspectors who are appointed under the Livestock Disease Control Act 1994 or the Prevention of Cruelty to Animals Act 1986 may exercise their powers under those Acts for the purposes of determining compliance with this Act (s 30). Practically, this creates overlapping enforcement jurisdictions and can result in multiple parallel inspections under different statutory powers.

Administrative discretion and acceptance deadlines

Acceptance deadlines matter. Controlling authorities must notify the Secretary within 21 days whether they accept the terms of a letter of approval (s 15(3)). Similarly, they must accept new conditions imposed under s 18 within 21 days (s 18(3)). Failure to do so is expressly a ground for revocation under s 20(1)(c). Parties who miss these tight administrative deadlines risk losing approved status without a merits appeal clause provided in the Act.

Criminal and civil exposure for corporations and officers

Officers may be directly liable. Section 55 treats officers of a body corporate who knowingly authorised or permitted contraventions as having contravened the same provision. Section 56 permits judicial inference of a corporate state of mind from officer or agent conduct. Companies must manage delegation and oversight tightly because officer exposure flows directly from corporate breach.

Record keeping and delegated regulation

Regulations can require extensive record keeping. The regulations may require persons who enter premises subject to a biosecurity management plan to record their entry and movements and to provide identification; they may also prescribe templates, information retention periods and methods for seeking consent (s 63(1)(fb), (fi), (fh), (fo)). These delegated details will determine operational burden, but they are not set out in the Act and require close attention once made.

Protection against prosecution varies with accreditation status

Accredited operators are protected from prosecution for certain offences only while their approved compliance arrangement remains in force and is not suspended in respect of them (s 10; s 50(3); s 48(3)). Notices of suspension can be issued by inspectors on a range of grounds (s 49); an operator may find itself immediately exposed to enforcement if suspended, even temporarily.

Ambiguities left to regulation and ministerial guidelines

The Act leaves granular matters to the regulations and to ministerial guidelines. The Minister may approve guidelines regarding a wide range of subjects (s 25) and the regulations can make very specific requirements relating to premises, signage and protocols (s 63(1)(fa)-(fm)). Because the Act intentionally delegates much operational detail to subordinate instruments, compliance obligations may change quickly when regulations or guidelines are amended.

These features combine to make compliance a mixture of statutory obligations, conditional exemptions and administrative timelines. Practitioners should map approvals, letters of approval, acceptance deadlines, risk assessment due dates and signage/record‑keeping obligations as discrete compliance tasks tied to statutory triggers.

Compliance under the Act involves an operational programme covering standards identification, risk assessment, documentation, interaction with controlling authorities, signage and record keeping, staff training and responsiveness to inspectors. Below is a practical checklist tied to the statutory provisions.

Identify applicable prescribed livestock management standards and prescribed biosecurity measures (s 6; s 63(1)(a), (fj), (fk)). Monitor the Victorian Government Gazette and the regulations for any standards or measures that apply to your activities.
Carry out a systematic risk assessment if you engage in a regulated livestock management activity (ss 7-8). The assessment must be completed within six months of the standard being prescribed or of commencing the activity (s 7(2)). Ensure the assessment documents likely risks to animal welfare and biosecurity and specifies control measures to achieve compliance and minimise risk (s 8). Keep the assessment as a written record suitable for inspection.
Consider whether operating under an approved compliance arrangement is appropriate (Pt 3). If a relevant controlling authority offers an approved compliance arrangement, review the compliance arrangement content requirements (s 13) and confirm the letter of approval’s terms (s 15). If you are a controlling authority applying for approval, use the approved form and provide requested information (s 12). Ensure the controlling authority accepts the letter of approval within 21 days (s 15(3)) and monitor any conditions the Minister imposes, accepting or responding within 21 days (s 18(3)).
Maintain accreditation systems and verification arrangements. If you operate under an approved compliance arrangement, ensure your accreditation processes and verification arrangements meet the letter of approval and are audit‑ready for Ministerial audits (ss 13(d)-(e); 19). Keep records of accreditation decisions, verification checks and any corrective actions.
Prepare and implement biosecurity management plans where applicable (Pt 3A). If you manage livestock at premises or are in a prescribed class, you may prepare a plan (s 21A). Note exclusivity rules: only one plan may cover the whole premises or specified part at a time (s 21B). Keep the plan secure and be aware that you are not required to disclose plan contents except to inspectors (s 21C). Ensure signage meets s 50A(2) where a plan is in force.
Install and maintain compliant signage for premises covered by a biosecurity management plan (s 50A(2)). The sign must state the prescribed information, summarise biosecurity measures, include the name of the relevant regulations, state that contravention is an offence and comply with prescribed construction and placement requirements. Keep records of sign installation and maintenance to defend against s 50A and s 50B exposures.
Keep entry and movement records as required by the regulations (s 63(1)(fi)). Where regulations require persons to record entry and movements on premises covered by a biosecurity management plan, implement reliable recording mechanisms and retention processes. Ensure staff and visitors are aware of identification and biosecurity protocols.
Train staff and contractors. Because s 59 makes livestock operators and employers responsible for acts of employees and contractors, ensure employees and third parties are trained, certified where relevant, and contractually bound to comply with standards, biosecurity plans and the operator’s control measures.
Manage consent and inspection interactions. If inspectors request consent to enter, ensure the person in charge is informed of their rights and signs acknowledgements for sampling where consent is given (s 31(2)-(4)). Require inspectors to produce identification (s 28) and, if the inspector is a police officer not in uniform, to produce police identification on request (s 28A). When documents are seized, expect certified copies within 21 days (s 39(2)).
Respond promptly to notices. If an inspector issues a notice to comply, it must contain the contravened provision, required action and a timeframe (s 47). Non‑compliance without reasonable excuse attracts stiff fines (s 48). If a notice of suspension is issued, note that during suspension the operator is taken not to be operating under the approved compliance arrangement (s 49(5)).
Maintain audit documentation. Where the Minister requires audits of approved compliance arrangements, ensure auditors meet minimum qualifications set by the Minister and that audit reports are prepared and submitted within specified deadlines (s 19).
Engage with Ministerial guidelines. The Minister may approve guidelines on approval and administration of compliance arrangements and on measures to comply with standards (s 25). Review and align procedures with any published guidelines because the Minister and Secretary must have regard to them in decision making (s 26).
Stay current on regulatory changes. The regulations can make detailed requirements for biosecurity measures, signage, record keeping, entry controls and fees (s 63). Monitor the Gazette and regulatory updates, because many operational obligations are vested in subordinate instruments.
Legal preparedness. Because corporate officers may be held liable where they knowingly authorise contraventions (s 55), ensure governance structures allocate responsibility and keep records demonstrating oversight. Contractual clauses with contractors should allocate compliance responsibilities and indemnities where appropriate.
Seek timely legal or technical advice where suspensions or revocations are threatened. The Minister must provide reasons for refusals and revocations (ss 16, 20); legal remedies such as administrative review or judicial review should be considered quickly where a controlling authority or operator faces the loss of an approved compliance arrangement.

This compliance pathway is prescriptive: it ties procedural deadlines, documentation and signage to statutory triggers. The Act provides some flexibility through approved compliance arrangements and regulations but also imposes strict administrative deadlines and documentation obligations that should be integrated into day‑to‑day compliance systems.

Livestock Management Act 2010

Plain English Summary

Deep Dive

What it does

Current sections

Livestock Management Act 2010

Source text: opening excerpt

1 Livestock Management Act 2010

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply