Northern Territory regulation

LIVESTOCK REGULATIONS 2009

In ForceNT

Jurisdiction

Northern Territory

Collection

regulation

Plain English Summary

8/10 complexity

These Regulations set out identification, registration and movement controls for livestock, beehives and related biosecurity in the Northern Territory. They require owners to register brands, earmarks, property identification codes (PICs) and beehives, attach approved ID devices, keep NLIS and other records, and obtain movement permits or certificates where required. They create fees and a range of offences (including strict‑liability offences), and give the Registrar and Chief Inspector powers to approve, authorise, cancel or require actions — affecting livestock owners, transporters, feed suppliers, laboratories and inspectors.

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What it does

These Regulations implement detailed, operational rules under the Livestock Act 2008 to identify, track, move, treat and compensate for livestock and associated things in the Northern Territory. They translate statutory powers into prescriptive requirements and administrative processes across several discrete areas: brand and earmark registration and use (Part 2 Division 1-3); the property identification code scheme and approved identification devices (Part 2 Division 4-6); NLIS reporting and rules for identification of cattle, buffalo, sheep and goats (regs 30-44); registration and biosecurity duties for beehives (Division 9); travelling livestock, waybills and movement permits (Part 3 and Part 4 Div 1); disease control measures including prohibited pig feed and controls on manufactured foodstuffs for ruminants (Part 4 Divs 2-3); the adoption of the Australian Animal Welfare Standards and Guidelines for land transport of livestock by incorporation (Part 4A, regs 82A-82C); valuation and compensation rules for destroyed stock (Part 5); administrative fees and infringement procedures (Parts 6 and 8, Schedules 1, 5, 6); and reviewable-decision lists and transitional amendments (Parts 7 and 9).

Mechanically, the Regulations do the following things that change behaviour and administrative flow. They set processes and fees for registering 3-letter brands, symbol brands and earmarks (regs 5-11; Schedule 1), including requirements to supply an impression and to notify change of contact details (regs 11-13). They limit where and how brands and earmarks may be applied and create offences for unauthorised, illegible or inconsistent branding (regs 15-24). They prescribe which classes of livestock and properties require a PIC (reg 30; Schedule 3), make PIC registration mandatory for owners of identifiable properties (reg 32(1)), and require PICs to be displayed only on approved devices (reg 36), with device classes defined (reg 37). For regulated livestock (cattle, buffalo, sheep and goats) the owner must attach a permanent identification device before movement unless authorised otherwise (reg 41), and property-of-destination actors must enter ID data into the NLIS database within 48 hours (reg 42). The Regulations prescribe waybill requirements and who must hold, sign and keep waybills or health certificates when livestock are moved (regs 52-57). They create criminal and strict liability offences for non‑compliance with identification, movement, labelling and animal welfare standards, and set maximum penalties that range up to 200 penalty units for serious deliberate or reckless breaches (numerous regs including 19, 20, 23, 24, 58, 60, 71-73, 80; see Schedule 5 for infringement amounts). They also incorporate the Land Transport Standard and specify which provisions attract strict liability (regs 82A-82C). Finally, the Regulations set administrative fees for inspector services (reg 97; Schedule 6) and lay down the infringement notice procedure (regs 88-93).

Current sections

Direct links to the current provisions in LIVESTOCK REGULATIONS 2009.

132

Part 1

Preliminary matters

Part 1 Preliminary matters Livestock Regulations 2009 2 infringement offence, see regulation 88(1). manufactured foodstuff, see regulation 75. movement permit means a declared area movement permit or standstill zone movement permit. permanent identification device, see regulation 37(2). PIC means a property identification code allotted under the PIC system. PIC register means the register kept for the PIC system. PIC system means the system for identifying properties mentioned in section 15(1) of the Act. product statement, see regulation 76(1). product warning, see regulation 76(2). prohibited pig feed, see regulation 70. register of beehives means the register of beehives kept under regulation 51B. registered owner, of a brand or earmark, is the person to whom the brand or earmark is registered. registered property means: (a) for a brand or earmark – the property on which the brand or earmark will be used, as entered in a register under regulation 10(1); or (b) for a PIC – the identifiable property for which the PIC is registered under regulation 32(2). regulated livestock, for Part 2, Division 6, see regulation 40A restricted animal material, see regulation 74(1). supply includes sell and exchange. transaction eartag, see regulation 37(4). unbranded cattle, means cattle of at least 8 months of age that have not been branded. valuation body means a valuation panel, valuer or valuation reviewer.

Part 2 Identification and registration of livestock, properties and other things Division 1 Registration of brands and earmarks Livestock Regulations 2009 3 4 Notices and applications (1) Unless the Act or these Regulations specify otherwise: (a) a notice required to be given or an application that may be made under the Act or these Regulations must be in the approved form and must include all the information required by the form; and (b) a person may give a notice or make an application in any of the following ways: (i) in person; (ii) by post or facsimile transmission; (iii) by electronic mail transmission. (2) The Registrar or an inspector may refuse to accept a notice or application, or take any action in relation to a notice or application (regardless of whether it is accepted), until: (a) all relevant information required by the relevant approved form is included in the notice or application; and (b) in relation to an application for which a fee is prescribed under regulation 6 – the fee is paid. Part 2 Identification and registration of livestock, properties and other things Division 1 Registration of brands and earmarks 5 Livestock for which 3-letter brands may be registered For section 8 of the Act, the Registrar may register 3-letter brands to be applied to the following livestock: (a) buffalo; (b) cattle; (c) horses. 6 Fees A person who makes an application specified in Schedule 1, column 1 must pay the fee specified opposite the application in Schedule 1, column 2.

Part 2 Identification and registration of livestock, properties and other things Division 1 Registration of brands and earmarks Livestock Regulations 2009 4 7 Application for registration of 3-letter brand (1) A person who is at least 18 years of age may apply to the Registrar for the registration of a 3-letter brand to be used for branding livestock prescribed by regulation 5. (2) The application must specify the property on which the 3-letter brand will be used (the specified property) and the livestock to which the brand will be applied. (3) The applicant must be: (a) the owner of the specified property; or (b) a person who, with the permission of the owner of the specified property, intends to brand the livestock on the property. 8 Decision relating to registration of brand or earmark (1) Within 30 days after receiving an application to register a brand or earmark, the Registrar must decide whether or not to register the brand or earmark and give the applicant written notice of the decision. (2) Before registering a 3-letter brand on the application of a person who is not the owner of the property on which the brand will be used, the Registrar must be satisfied: (a) the owner of the property has given the person permission to brand on the property; and (b) it is reasonable in the circumstances to register the brand. (3) The Registrar may refuse to register a brand on reasonable grounds, including any of the following: (a) the brand resembles another registered brand; (b) the brand would be likely to deceive a person; (c) the brand is unlikely to produce a legible brand when applied to livestock. (4) The Registrar may refuse to register an earmark (the proposed earmark) on reasonable grounds, including any of the following: (a) the proposed earmark resembles another registered earmark that is used on a property adjacent to the property on which the proposed earmark would be used;

Part 2 Identification and registration of livestock, properties and other things Division 1 Registration of brands and earmarks Livestock Regulations 2009 5 (b) the proposed earmark would be likely to deceive a person. 9 Decision relating to transfer of registered 3-letter brand (1) The registered owner of a registered 3-letter brand may apply to the Registrar to register the transfer of the brand to another person. (2) Within 30 days after receiving an application to register the transfer of a registered 3-letter brand, the Registrar must decide whether to register the transfer and give the applicant written notice of the decision. (3) Before registering the transfer of a registered 3-letter brand to a person who is not the owner of the property on which the brand will be used, the Registrar must be satisfied: (a) the owner of the property has given the person permission to use the brand on the property; and (b) it is reasonable in the circumstances to register the transfer. (4) The Registrar may refuse to register the transfer on reasonable grounds. 10 Registration (1) As soon as practicable after giving notice of a decision to register a brand or earmark, the Registrar must register the brand or earmark by entering in the appropriate register information relevant to the brand or earmark, including the following: (a) the design or description; (b) any applicable code; (c) requirements relating to its use; (d) the name and address of the person to whom it is registered; (e) the name and address of the property on which it will be used; (f) any number allocated to the certificate issued to the registered owner. (2) The information relating to a symbol brand registered on the application of the Chief Inspector must include details of the test or treatment to which the symbol brand relates. (3) As soon as practicable after giving notice of a decision to register the transfer of a registered 3-letter brand, the Registrar must register the transfer by altering the register as appropriate.

Part 2 Identification and registration of livestock, properties and other things Division 1 Registration of brands and earmarks Livestock Regulations 2009 6

Certificate of registration

11 Certificate of registration (1) As soon as practicable after registering a brand or earmark, the Registrar must issue to the registered owner a certificate of registration for the brand or earmark. (2) As soon as practicable after registering the transfer of a registered 3-letter brand, the Registrar must: (a) cancel the existing certificate of registration for the 3-letter brand and each symbol brand and earmark connected to the 3-letter brand; and (b) issue to the new registered owner a certificate of registration for the 3-letter brand and each symbol brand and earmark connected to the 3-letter brand. (3) A certificate of registration for a brand or earmark must include the following information relevant to the brand or earmark: (a) the name and address of the registered owner; (b) the name and address of the registered property; (c) the design or description; (d) requirements relating to its use; (e) in relation to a brand – the position on the livestock where it must be first applied.

Requirement to give impression of brand

12 Requirement to give impression of brand (1) The registered owner of a brand must, within 60 days after receiving the certificate of registration for the brand, give the Registrar an impression of the brand: (a) made on linen, canvas, cardboard, leather or other material acceptable to the Registrar; and (b) consistent with the design or description of the brand in the certificate of registration. Fault element: Strict liability offence. Maximum penalty: 20 penalty units. (2) Subregulation (1) does not apply to a new registered owner mentioned in regulation 11(2).

Part 2 Identification and registration of livestock, properties and other things Division 1 Registration of brands and earmarks Livestock Regulations 2009 7

Requirement to notify change of address

13 Requirement to notify change of address (1) This regulation applies if the residential or contact address of a registered owner of a brand or earmark changes. (2) The registered owner must notify the Registrar of the change and the owner's new address within 28 days after the date of change. Fault element: Strict liability offence. Maximum penalty: 20 penalty units.

Decision to cancel registration of 3-letter brand

14 Decision to cancel registration of 3-letter brand (1) The Registrar may decide to cancel the registration of a 3-letter brand in any of the following circumstances: (a) if the registered owner of the brand is also the owner of the registered property for the brand – the registered owner: (i) has sold or rented out the registered property; and (ii) has not applied to the Registrar to register the transfer of the brand to the purchaser or tenant of the property; (b) if the registered owner of the brand is not also the owner of the registered property for the brand – the registered owner no longer has the permission of the registered property owner to use the brand on the property; (c) if the registered owner of the brand is deceased – the administrator or executor of the owner's estate has not, within 12 months after the date of death, applied for the registration of the brand to continue; (d) the registered owner of the brand is found guilty of an offence against a provision of this Division or Division 2; (e) to the best of the Registrar's knowledge and belief, the brand has not been used for at least 3 years; (f) a notice under this Part, sent by post to the registered owner of the brand at the owner's last known address, is undeliverable; (g) the registered owner of the brand fails or refuses to comply with a notice that: (i) is sent under this Part to the owner's last known address; and

Part 2 Identification and registration of livestock, properties and other things Division 2 Brands Livestock Regulations 2009 8 (ii) requires the owner to reply within 60 days of the date of the notice; (h) there is any other reasonable ground for the cancellation. (2) Subject to subregulation (3), if the Registrar decides to cancel the registration of a 3-letter brand: (a) the Registrar must give the registered owner of the brand written notice of the Registrar's decision which must specify when the cancellation will take effect; and (b) the cancellation takes effect on the day after the end of the period within which the registered owner of the brand may apply for a review of the decision. Note for subregulation (2) Sections 122 and 123 of the Act deal with the notice of and application for a review. (3) If the circumstance mentioned in subregulation (1)(f) applies: (a) the Registrar need not give the registered owner of the brand notice of the Registrar's decision; and (b) the cancellation takes effect on the day the Registrar decides to cancel the brand. (4) If the registration of a 3-letter brand is cancelled, the Registrar must alter the register as appropriate. Division 2 Brands

Construction and size of 3-letter brand

15 Construction and size of 3-letter brand (1) All 3 letters of a 3-letter brand must be constructed on 1 handle. (2) Each letter must be between 4 cm and 8 cm in both height and width.

Construction and size of symbol brand

16 Construction and size of symbol brand (1) A symbol brand must be constructed on 1 handle. (2) A symbol brand must be between 4 cm and 12 cm in both height and width.

Part 2 Identification and registration of livestock, properties and other things Division 2 Brands Livestock Regulations 2009 9

Brand to be consistent with registered design

17 Brand to be consistent with registered design The registered owner of a brand commits an offence if the instrument used to apply the brand to livestock does not produce a brand consistent with the design or description in the certificate of registration for the brand. Fault element: Strict liability offence. Maximum penalty: 50 penalty units.

Positions of brands

18 Positions of brands (1) The first brand applied to livestock must be in the position described in the certificate of registration for the brand. (2) Each subsequent brand applied to livestock may be in any other position, where there is sufficient space, specified in Schedule 2. (3) A person commits an offence if the person applies a registered brand to livestock in a position other than is required or permitted by subregulation (1) or (2). Fault element: Strict liability offence. Maximum penalty: 50 penalty units.

Registered brand to be applied

19 Registered brand to be applied A person commits an offence if: (a) the person applies a brand to livestock; and (b) the brand is not registered. Fault elements: The person: (a) intentionally applies the brand; and (b) is reckless in relation to whether the brand is registered. Maximum penalty: 200 penalty units.

Unauthorised branding

20 Unauthorised branding (1) A person commits an offence if the person: (a) applies a registered brand to livestock; and

Part 2 Identification and registration of livestock, properties and other things Division 2 Brands Livestock Regulations 2009 10 (b) is not authorised to apply the brand to the livestock. Fault elements: The person: (a) intentionally applies the brand; and (b) is reckless in relation to whether the person is authorised to apply the brand to the livestock. Maximum penalty: 200 penalty units. (2) For subregulation (1), a person is authorised to apply a brand to livestock if the person is: (a) the registered owner of the brand or authorised by the registered owner of the brand to use the brand; and (b) the owner of the livestock.

Brand to be used on registered property

21 Brand to be used on registered property (1) A person commits an offence if: (a) the person applies a registered brand to livestock; and (b) the livestock are on a property other than the registered property for the brand. Fault elements: The person: (a) intentionally applies the brand; and (b) is reckless in relation to whether the property is the registered property for the brand. Maximum penalty: 200 penalty units. (2) Subregulation (1) does not apply if the registered owner of the brand has authorisation from the Registrar to use the brand on a property other than the registered property. (3) An authorisation must specify the period during which the brand may be used on a property other than the registered property.

Part 2 Identification and registration of livestock, properties and other things Division 2 Brands Livestock Regulations 2009 11

Brand to be legible

22 Brand to be legible (1) A person commits an offence if: (a) the person applies a brand to livestock; and (b) the brand is not clear, legible and permanent. Fault elements: The person: (a) intentionally applies the brand; and (b) is reckless in relation to whether the brand is clear, legible and permanent. Maximum penalty: 50 penalty units. (2) It is a defence to an offence against subregulation (1) if the defendant establishes it was not practicable to apply a clear, legible and permanent brand to the livestock.

No interference with brand

23 No interference with brand A person commits an offence if the person removes, defaces, alters or makes illegible a brand on livestock or hides. Fault element: Intention. Maximum penalty: 200 penalty units.

No sale or possession if brand removed or defaced

24 No sale or possession if brand removed or defaced A person commits an offence if: (a) the person: (i) sells or receives livestock or hides; or (ii) has livestock or hides in his or her possession; and (b) the brand on the livestock or hides has been removed, defaced, altered or made illegible. Fault elements: The person: (a) intentionally sells, receives or possesses the livestock or hides; and

Part 2 Identification and registration of livestock, properties and other things Division 3 Earmarks and spayed marks Livestock Regulations 2009 12 (b) is reckless in relation to whether the brand has been removed, defaced, altered or made illegible. Maximum penalty: 200 penalty units. Division 3 Earmarks and spayed marks

Registered earmark to be made

25 Registered earmark to be made A person commits an offence if: (a) the person makes an earmark on livestock; and (b) the earmark is not registered. Fault elements: The person: (a) intentionally makes the earmark; and (b) is reckless in relation to whether the earmark is registered. Maximum penalty: 100 penalty units.

Making earmark

26 Making earmark The owner of a head of livestock who makes a registered earmark on the animal must do so: (a) with pliers; and (b) in accordance with the design or description of the earmark, and any requirements relating to the use of the earmark, in the certificate of registration. Fault element: Strict liability offence. Maximum penalty: 50 penalty units.

No subsequent earmark

27 No subsequent earmark A person must not, without authorisation from the Registrar, make a registered earmark on a head of livestock that already has an earmark. Fault element: Strict liability offence. Maximum penalty: 50 penalty units.

Part 2 Identification and registration of livestock, properties and other things Division 3 Earmarks and spayed marks Livestock Regulations 2009 13

Making earmark on cattle or buffalo

28 Making earmark on cattle or buffalo (1) The owner of a head of cattle or buffalo must not make a registered earmark on the animal unless it is already branded with a registered brand. Fault element: Strict liability offence. Maximum penalty: 50 penalty units. (2) The owner of a head of cattle or buffalo must not make an earmark longer than 8 cm on the animal. Fault element: Strict liability offence. Maximum penalty: 50 penalty units.

Spayed mark on cattle or buffalo

29 Spayed mark on cattle or buffalo (1) Immediately after a head of cattle or buffalo is spayed, the owner of the animal must mark 1 ear of the animal with a spayed mark. Fault element: Intentionally omitting to mark the ear with a spayed mark. Maximum penalty: 100 penalty units. (2) For subregulation (1), the owner must mark the ear by punching in its centre a hole that: (a) is circular; and (b) has a diameter of between 1.5 cm and 4 cm; and (c) does not destroy or alter an existing earmark. Fault elements: The person: (a) intentionally marks the ear; and (b) is reckless in relation to the placement, shape, size or destructive effect of the hole. Maximum penalty: 100 penalty units.

Part 2 Identification and registration of livestock, properties and other things Division 4 PIC system Livestock Regulations 2009 14 Division 4 PIC system

Identifiable livestock

30 Identifiable livestock For section 15(1) of the Act, the livestock specified in Schedule 3 are prescribed for the PIC system.

Allotting PIC for adjacent identifiable properties

31 Allotting PIC for adjacent identifiable properties If adjacent identifiable properties are owned by the same person and worked as a single property, the Registrar may allot and register a single PIC for all the adjacent identifiable properties. Note Properties that are separated geographically cannot have a single PIC registered even if they are owned by the same person.

Registration of PIC

32 Registration of PIC (1) The owner of an identifiable property must have a PIC registered for the property. Fault element: Strict liability offence. Maximum penalty: 20 penalty units. (2) The Registrar must allot and register a PIC for an identifiable property on application by the owner of the property. (3) After registering a PIC for an identifiable property, the Registrar must issue to the owner of the property a certificate of registration specifying: (a) the PIC; and (b) any other information the Registrar considers appropriate.

Information in PIC register

33 Information in PIC register (1) The PIC register must contain the following information in respect of each registered PIC: (a) the name and description of the registered property; (b) the name and address of the owner of the registered property;

Part 2 Identification and registration of livestock, properties and other things Division 4 PIC system Livestock Regulations 2009 15 (ba) if a biosecurity management plan applies to the registered property, or part of the property: (i) the fact that a biosecurity management plan applies to the registered property, or part of the property; and (ii) the name and contact details of the nominated person for the plan; (c) any other information the Registrar considers appropriate. (2) For section 88(3) of the Act, the Registrar may make public the following information: (a) a PIC; (b) the name of a registered property; (c) the name and address of the owner of a registered property; (d) if a biosecurity management plan applies to the registered property, or part of the property: (i) the fact that a biosecurity management plan applies to the registered property, or part of the property; and (ii) the contact details of the nominated person for the plan. (3) If the name or contact details of the nominated person for a biosecurity management plan changes, the owner of the property to which the plan applies must give the Registrar written notice of the change within 28 days after the change occurring. (4) The owner of a registered property commits an offence if the owner fails to give notice as required under subregulation (3). Maximum penalty: 20 penalty units. (5) An offence against subregulation (4) is an offence of strict liability. (6) It is a defence to a prosecution for an offence against subregulation (4) if the defendant has a reasonable excuse.

Notice of change of ownership of registered property

34 Notice of change of ownership of registered property (1) This regulation applies if the ownership of a registered property is transferred by sale or otherwise.

Part 2 Identification and registration of livestock, properties and other things Division 4 PIC system Livestock Regulations 2009 16 (2) The new owner of the property must give the Registrar notice of the change of ownership within 28 days after the date of transfer. Fault element: Strict liability offence. Maximum penalty: 20 penalty units. (3) The notice must specify whether the new owner intends to keep identifiable livestock on the property. (4) If the new owner intends to keep identifiable livestock on the property, the Registrar must: (a) cancel the existing certificate of registration for the PIC registered for the property; and (b) issue to the new owner a new certificate of registration for the PIC; and (c) alter the PIC register as appropriate. (5) If the new owner does not intend to keep identifiable livestock on the property, the Registrar must: (a) cancel the certificate of registration for the PIC registered for the property; and (b) alter the PIC register as appropriate.

Notice of change of ownership of identifiable property with

35 Notice of change of ownership of identifiable property with no registered PIC (1) This regulation applies if the ownership of an identifiable property for which no PIC is registered is transferred by sale or otherwise. (2) The new owner of the property must apply for the registration of a PIC within 14 days after the date of transfer. Fault element: Strict liability offence. Maximum penalty: 20 penalty units.

PIC to be displayed only on approved device

36 PIC to be displayed only on approved device A person must not attach to identifiable livestock a device displaying a PIC unless the device is an approved device. Fault element: Strict liability offence. Maximum penalty: 50 penalty units.

Part 2 Identification and registration of livestock, properties and other things Division 5 Approved devices generally Livestock Regulations 2009 17 Division 5 Approved devices generally

Approved devices

37 Approved devices (1) For section 16(1) of the Act, the Registrar may approve the following types of identification devices to be attached or applied to, or used on, livestock: (a) permanent identification devices; (b) cattle transaction tags; (c) transaction eartags. (2) A permanent identification device is a device that displays the PIC registered for the property on which an animal is kept at the time the device is attached or applied to, or used on, the animal and may be: (a) a breeder device that shows the animal: (i) was born on the registered property; and (ii) has not previously been moved from the registered property; or (b) a post-breeder device that shows the animal has been moved from another property to the registered property. (3) A cattle transaction tag is a tail tag or eartag that displays: (a) the PIC registered for the property on which a head of cattle is located at the time the tag is attached or applied to, or used on, the animal and from which the animal is to be moved; and (b) a serial number that is recorded in the waybill issued for the animal. (4) A transaction eartag is an eartag that displays: (a) the PIC registered for the property on which an animal is located at the time the eartag is attached or applied to, or used on, the animal and from which the animal is to be moved; and (b) a serial number that is recorded in the waybill issued for the animal.

Part 2 Identification and registration of livestock, properties and other things

Div 5

Approved devices generally

Division 5 Approved devices generally Livestock Regulations 2009 18

Purchase of approved devices

38 Purchase of approved devices A person must not purchase an approved device unless the person is: (a) the owner of the registered property for the PIC displayed on the device; or (b) authorised by the owner of the property to purchase the device. Fault element: Strict liability offence. Maximum penalty: 50 penalty units.

Attachment, application and use of approved device

39 Attachment, application and use of approved device (1) An approved device must not be applied or attached to, or used on, a head of livestock unless the person attaching, applying or using the device: (a) is the owner of the livestock; or (b) has authorisation from an inspector to attach, apply or use the device in relation to the livestock. (2) An approved device must be attached or applied to, or used on, livestock in accordance with the approval for the device. (3) A person commits an offence of strict liability if the person contravenes subregulation (1) or (2). Maximum penalty: 50 penalty units. (4) An approved device must only be applied or attached to, or used on, a head of livestock at a place that is the registered property for the PIC displayed on the device. (5) A person commits an offence if: (a) the person intentionally attaches, applies or uses an approved device to or on a head of livestock; and (b) the PIC displayed on the device is not the PIC for the place at which the person attaches, applies or uses the device and the person is reckless in relation to that circumstance. Maximum penalty: 50 penalty units.

Part 2 Identification and registration of livestock, properties and other things Division 6 Identification of cattle, buffalo, sheep and goats Livestock Regulations 2009 19

No interference with approved device

40 No interference with approved device A person must not alter or deface an approved device. Fault element: Intention. Maximum penalty: 50 penalty units. Division 6 Identification of cattle, buffalo, sheep and goats

40A

Application of Division

40A Application of Division This Division applies in relation to the following livestock (regulated livestock): (a) cattle; (b) buffalo; (c) sheep; (d) goats.

Identification before movement

41 Identification before movement (1) The owner of regulated livestock must, before moving them from one property (the property of origin) to another property, ensure a permanent identification device is attached or applied to, or used on, each head of regulated livestock. (2) The Registrar may authorise the movement of regulated livestock without permanent identification devices if the Registrar considers it reasonable in the circumstances to do so. (3) A person commits an offence if the person: (a) is the owner of a property of origin; and (b) regulated livestock are moved from the property of origin to another property; and (c) a permanent identification device is not attached or applied to, or used on, one or more of the regulated livestock and the person is reckless in relation to that circumstance; and (d) the Registrar has not authorised the movement under subregulation (2). Maximum penalty: 50 penalty units.

Part 2 Identification and registration of livestock, properties and other things Division 6 Identification of cattle, buffalo, sheep and goats Livestock Regulations 2009 20 (4) Strict liability applies to subregulation (3)(a), (b) and (d).

Reporting requirements for owner of property of destination

42 Reporting requirements for owner of property of destination (1) This regulation applies to the owner of a property (the property of destination) to which regulated livestock with permanent identification devices attached have been moved from another property (the property of origin). Note for subregulation (1) The owner of a property includes the person who manages or has control of the property. (2) The owner of the property of destination must ensure the following information is entered on the NLIS database within 48 hours after the movement is completed: (a) ID data; (b) the date on which the movement from the property of origin began. (3) If the property of destination is an abattoir, the owner of the abattoir must ensure the following information is entered on the NLIS database: (a) if the regulated livestock were slaughtered, within 48 hours of the slaughter: (i) ID data; and (ii) the date on which the livestock were slaughtered; (b) if the regulated livestock were moved to another property, within 48 hours after the livestock were moved from the abattoir: (i) ID data; and (ii) the date on which the livestock were moved from the abattoir. (4) If the property of destination is a saleyard, the owner of the saleyard must ensure the following information is entered on the NLIS database within 48 hours after the regulated livestock were moved from the saleyard: (a) ID data;

Part 2 Identification and registration of livestock, properties and other things Division 6 Identification of cattle, buffalo, sheep and goats Livestock Regulations 2009 21 (b) the PIC registered for the property to which the livestock were moved; (c) the date on which the livestock were moved from the saleyard. (5) If the property of destination is a registered premises, the owner of the registered premises must ensure the following information is entered on the NLIS database: (a) if the regulated livestock were exported, within 48 hours of the export: (i) ID data; and (ii) the NLIS database destination code for export; and (iii) the date on which the livestock were exported from Australia; (b) if the regulated livestock were moved to another property, within 48 hours after the livestock were moved from the registered premises: (i) ID data; and (ii) the PIC registered for the property to which the livestock were moved; and (iii) the date on which the livestock were moved from the registered premises. (6) A person commits an offence of strict liability if the person: (a) is required to enter information on the NLIS database under this regulation; and (b) fails to do so. Maximum penalty: 50 penalty units. (7) In this regulation: ID data means the following: (a) the identification particulars of each permanent identification device attached or applied to, or used on, the regulated livestock; (b) the PIC registered for the property of origin;

Part 2 Identification and registration of livestock, properties and other things

Div 6

Identification of cattle, buffalo, sheep and goats

Division 6 Identification of cattle, buffalo, sheep and goats Livestock Regulations 2009 22 (c) the PIC registered for the property of destination. NLIS means the National Livestock Identification System agreed to by the Commonwealth, States and Territories under a resolution of the Primary Industries Ministerial Council of 2 October 2003. registered premises, see section 2.01 of the Export Control (Animals) Order 2004 (Cth).

No subsequent attachment of permanent identification device

43 No subsequent attachment of permanent identification device A person commits an offence if the person: (a) intentionally attaches, applies or uses a permanent identification device to or on regulated livestock; and (b) the device has previously been attached or applied to, or used on, another animal and the person is reckless in relation to that circumstance. Maximum penalty: 50 penalty units.

No removal of approved device

44 No removal of approved device (1) An approved device must not be removed from regulated livestock unless: (a) an inspector has authorised the removal; or (b) the device is malfunctioning and is immediately replaced by another device. (2) A person commits an offence if: (a) the person intentionally removes an approved device from regulated livestock; and (b) the removal is not permitted under subregulation (1). Maximum penalty: 50 penalty units. (3) Strict liability applies to subregulation (2)(b).

Part 2 Identification and registration of livestock, properties and other things Division 9 Registration of beehives Livestock Regulations 2009 23 Division 9 Registration of beehives

Application of Division

50 Application of Division This Division applies in relation to beehives in which honey bees are kept. Note for regulation 50 Honey bee is defined in section 4 of the Act.

Registration of beehives

51 Registration of beehives (1) The owner of a beehive may, in the approved form, apply to the Registrar to register one or more beehives. (2) The registration period for a beehive is 2 years commencing on the day the registration is approved by the Registrar and may be renewed for further periods of 2 years on application by the owner in the approved form. (2A) The Registrar may approve a registration subject to the conditions the Registrar considers appropriate and that are specified in the registration. (3) The owner of a beehive commits an offence of strict liability if the beehive is not registered under this regulation. Maximum penalty: 50 penalty units. (4) The owner of a registered beehive commits an offence of strict liability if the owner fails to comply with a condition of the registration. Maximum penalty: 50 penalty units. 51AA Biosecurity and disease management course (1) This regulation applies in relation to: (a) the registration of a beehive that is approved after the commencement of this regulation; and (b) the first renewal of the registration of a beehive: (i) if the original registration of the beehive was approved before the commencement of this regulation; and (ii) the renewal is approved after the commencement of this regulation.

Part 2 Identification and registration of livestock, properties and other things Division 9 Registration of beehives Livestock Regulations 2009 24 (2) The owner of the registered beehive must successfully complete a course approved by the Registrar in relation to bee biosecurity and disease management within the 6 month period following the approval of the registration or renewal of registration, as the case may be. (3) The owner of a registered beehive commits an offence of strict liability if the owner fails to comply with subregulation (2). Maximum penalty: 50 penalty units. 51AB Provision of water source (1) The owner of a registered beehive must ensure the beehive is placed no more than 200 m from a source of water that is suitable to sustain bees. (2) The owner of a registered beehive commits an offence of strict liability if the owner fails to comply with subregulation (1). Maximum penalty: 50 penalty units. 51AC Record keeping (1) The Registrar may determine the records the owner of a registered beehive must keep in relation to the beehive. (2) A determination under subregulation (1) must be published on the Agency's website. (3) The owner of a registered beehive commits an offence of strict liability if the owner fails to keep a record required under a determination under subregulation (1). Maximum penalty: 50 penalty units.

51A

Issue of registration number and marking of hives

51A Issue of registration number and marking of hives (1) The Registrar must issue a registration number or a unique identifier to the owner of one or more registered beehives. (2) The owner of a registered beehive must ensure the beehive is marked with the owner's registration number or unique identifier. (3) A marking under subregulation (2) must be: (a) clear and legible; and (b) at least 20 mm in height; and (c) placed on the beehive in a place where it is easily visible.

Part 2

Identification and registration of livestock, properties and other things

Part 2 Identification and registration of livestock, properties and other things

Div 9

Registration of beehives

Division 9 Registration of beehives Livestock Regulations 2009 25 (4) The owner of a beehive commits an offence if the beehive is not marked in accordance with this regulation. Maximum penalty: 50 penalty units. (5) An offence against subregulation (4) is an offence of strict liability.

51B

Information in register of beehives

51B Information in register of beehives The Registrar must keep a register of beehives that contains the following information: (a) the name and address of the owner of one or more registered beehives; (b) the address and description of each property on which the registered beehives are kept; (c) the number of registered beehives kept on each property; (d) any other information the Registrar considers appropriate.

51C

Notice of change of details

51C Notice of change of details (1) The owner of a registered beehive must, in the approved form, notify the Registrar of a change in any of the details required to be kept in the register of beehives within 7 days of the change occurring. (2) A person required to notify the Registrar under subregulation (1) commits an offence if the person fails to do so. Maximum penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability.

51D

Transfer of ownership of beehive

51D Transfer of ownership of beehive (1) If ownership of a beehive is transferred to a new owner, the new owner must, in the approved form, notify the Registrar of the transfer within 28 days of the transfer occurring. (2) A new owner required to notify the Registrar under subregulation (1) commits an offence if the new owner fails to do so. Maximum penalty: 50 penalty units. (3) An offence against subregulation (2) is an offence of strict liability.

Part 2A Biosecurity management plans Livestock Regulations 2009 26 51DA Cancellation of registration (1) The Registrar may cancel the registration of one or more registered beehives if the owner of the beehive or beehives is found guilty of an offence against the Act or these Regulations. (2) The Registrar must give written notice of the cancellation to the registered owner and the cancellation takes effect from the day specified in the notice.

Part 2A

Biosecurity management plans

Part 2A Biosecurity management plans

51E

Matters to be included in biosecurity management plan

51E Matters to be included in biosecurity management plan For section 16B of the Act, the following information must be included in a biosecurity management plan: (a) the name and description of the property to which the plan applies; (b) a description, map or plan that accurately depicts or describes the boundaries of the property or the part of the property to which the plan applies; (c) the name and contact details of the person or persons who own or manage livestock on the property, or part of the property, to which the plan applies; (d) the heading to the plan must include: (i) the words "BIOSECURITY MANAGEMENT PLAN"; and (ii) the address of the property to which it applies; (e) the day on which the plan comes into operation.

51F

Signs

51F Signs (1) This regulation prescribes the requirements for a sign under section 16C(1) of the Act. (2) The following information must be contained in a sign: (a) the word "STOP" or "VISITORS"; (b) the means of contacting the nominated person to obtain consent to enter the premises.

Part 3 Travelling livestock Division 1 Prescribed imported livestock and prescribed travelling livestock Livestock Regulations 2009 27 (3) The sign must: (a) be comprised of sturdy and durable weather resistant materials; and (b) be at least 450 mm x 600 mm; and (c) display words that are legible and contrast with any background colour; and (d) be securely and permanently attached to a gate, fence or signpost, structure or building; and (e) be maintained in a good condition and be legible. Part 3 Travelling livestock Division 1 Prescribed imported livestock and prescribed travelling livestock

Prescribed imported livestock

52 Prescribed imported livestock For section 17(1) of the Act, the livestock that require a health certificate before being brought into the Territory from a State or another Territory are specified in Schedule 4, Part A.

Prescribed travelling livestock

53 Prescribed travelling livestock For section 20(1) of the Act, the livestock for which a waybill must be issued before the livestock begin travelling are specified in Schedule 4, Part B.

Separate waybill for non-owned prescribed travelling livestock

54 Separate waybill for non-owned prescribed travelling livestock (1) This regulation applies to a person who: (a) is the owner of travelling livestock that are prescribed travelling livestock (the primary livestock); and (b) includes with the primary livestock other prescribed travelling livestock not actually owned by the person (the other livestock). (2) For section 20(2) of the Act and this Division, the person is taken to be the owner of the other livestock. (3) For section 20(2) of the Act, the person must issue: (a) a waybill for the primary livestock; and

Part 3 Travelling livestock Division 1 Prescribed imported livestock and prescribed travelling livestock Livestock Regulations 2009 28 (b) a waybill for the other livestock. Fault element: Strict liability offence. Maximum penalty: 50 penalty units.

Obligations of owner of prescribed travelling livestock

55 Obligations of owner of prescribed travelling livestock (1) The owner of prescribed travelling livestock must, before the livestock begin travelling, deliver a completed waybill for the livestock to the person who will be in charge of the livestock. Fault element: Strict liability offence. Maximum penalty: 100 penalty units. (2) The owner of prescribed travelling livestock must: (a) within 28 days after the date on which the waybill is issued – send a copy to the Registrar; and (b) keep a copy of the waybill for at least 3 years after the date on which it is issued; and (c) at the request of an inspector during that period – show the inspector the copy. Fault element: Strict liability offence. Maximum penalty: 50 penalty units.

Obligations of person in charge

56 Obligations of person in charge (1) A person in charge of travelling livestock that are prescribed travelling livestock or prescribed imported livestock must: (a) sign the waybill for the livestock; and (b) record in the waybill the date and time when the livestock begin travelling; and (c) have possession of the waybill during the entire period of travel; and (d) at the request of an inspector at any time during the period of travel – show the inspector the waybill; and (e) at the request of the owner of a property, while the livestock are within the boundaries of the property – show the property owner the waybill; and

Part 3 Travelling livestock Division 1 Prescribed imported livestock and prescribed travelling livestock Livestock Regulations 2009 29 (f) deliver the livestock and waybill to the person named in the waybill to take delivery of the livestock; and (g) record in the waybill the date and time when the livestock are delivered to the person named in the waybill to take delivery. Fault element: Strict liability offence. Maximum penalty: 50 penalty units. (2) If a person is in charge of travelling livestock that are prescribed imported livestock but are not also prescribed travelling livestock, a reference in subregulation (1) to the waybill for the livestock is taken to be a reference to the health certificate for the livestock. Note for subregulation (2) These travelling livestock require a health certificate but not a waybill.

Obligations of person taking delivery

57 Obligations of person taking delivery (1) A person must not take delivery of travelling livestock that are prescribed travelling livestock or prescribed imported livestock, and the waybill for the livestock, unless the waybill: (a) contains accurate details of the livestock; and (b) has been completed correctly; and (c) has been properly signed by: (i) the owner of the livestock; and (ii) the person in charge of the livestock; and (iii) if applicable – the veterinary officer or inspector of livestock mentioned in section 17(2)(b) of the Act. Fault elements: The person: (a) intentionally takes delivery of the livestock and waybill; and (b) is reckless in relation to the accuracy, correct completion or proper signing of the waybill. Maximum penalty: 50 penalty units.

Part 3 Travelling livestock Division 2 Offences relating to unbranded cattle Livestock Regulations 2009 30 (2) The person who takes delivery of travelling livestock that are prescribed travelling livestock or prescribed imported livestock, and the waybill for the livestock, must: (a) keep the waybill for at least 3 years; and (b) at the request of an inspector during that period – show the inspector the waybill. Fault element: Strict liability offence. Maximum penalty: 50 penalty units. (3) If a person takes delivery of travelling livestock that are prescribed imported livestock but are not also prescribed travelling livestock, a reference in this regulation to the waybill for the livestock is taken to be a reference to the health certificate for the livestock. Note for subregulation (3) These travelling livestock require a health certificate but not a waybill. Division 2 Offences relating to unbranded cattle

Owner must not hand over unbranded cattle for travel

58 Owner must not hand over unbranded cattle for travel (1) The owner of livestock commits an offence if: (a) the owner hands over the livestock to a person who will be in charge of the livestock during travel outside the property on which they are usually kept; and (b) any of the livestock are unbranded cattle. Fault elements: The person: (a) intentionally hands over the livestock to the person for travel outside the property on which they are usually kept; and (b) is reckless in relation to whether any of the livestock are unbranded cattle. Maximum penalty: 200 penalty units.

Part 3

Travelling livestock

Part 3 Travelling livestock Division 3 Travel on stock routes Livestock Regulations 2009 31 (2) Subregulation (1) does not apply if the owner of the unbranded cattle: (a) has authorisation from the Registrar to hand over the cattle to the person who will be in charge of the livestock during travel; and (b) gives the person a copy of the authorisation.

Person in charge must not include unbranded cattle

59 Person in charge must not include unbranded cattle (1) The person in charge of travelling livestock commits an offence if any of the livestock are unbranded cattle. Fault element: Recklessness in relation to whether any of the travelling livestock are unbranded cattle. Maximum penalty: 50 penalty units. (2) Subregulation (1) does not apply if the person has a copy of an authorisation mentioned in regulation 58(2).

No transaction relating to unbranded cattle

60 No transaction relating to unbranded cattle (1) A person must not sell, give away, exchange or receive travelling livestock that are unbranded cattle. Fault elements: The person: (a) intentionally sells, gives away, exchanges or receives the travelling livestock; and (b) is reckless in relation to whether the travelling livestock are unbranded cattle. Maximum penalty: 200 penalty units. (2) Subregulation (1) does not apply if the person has authorisation from the Registrar to sell, give away, exchange or receive the unbranded cattle. Division 3 Travel on stock routes

Rate of travel

61 Rate of travel (1) For section 23(1) of the Act, this regulation prescribes the rate of travel for specified travelling livestock being driven on the hoof on a stock route.

Part 4 Disease control Division 1 Movement permits Livestock Regulations 2009 32 (2) The rate of travel for cattle is: (a) if the total distance to be travelled is 90 kilometres or more – at least 90 kilometres in each successive period of 7 days; or (b) if the total distance to be travelled is less than 90 kilometres – at least 13 kilometres each day. (3) The rate of travel for horses is: (a) if the total distance to be travelled is 112 kilometres or more – at least 112 kilometres in each successive period of 7 days; or (b) if the total distance to be travelled is less than 112 kilometres – at least 16 kilometres each day. (4) The rate of travel for sheep and goats is: (a) if the total distance to be travelled is 56 kilometres or more – at least 56 kilometres in each successive period of 7 days; or (b) if the total distance to be travelled is less than 56 kilometres – at least 8 kilometres each day.

Authorisation of slower rate of travel

62 Authorisation of slower rate of travel (1) The Registrar may authorise a slower rate of travel than is prescribed by regulation 61 if, in the Registrar's opinion, the livestock are incapable of travelling at the prescribed rate because they are weak, immature or diseased. (2) The authorisation must specify the minimum distance required to be travelled in each successive period of 7 days. Part 4 Disease control Division 1 Movement permits

Application for movement permit

63 Application for movement permit (1) An application for a standstill zone movement permit must be made to the Chief Inspector by or for the owner of the livestock, animal, animal product or other thing for which the permit is sought. (2) An application for a declared area movement permit must be made to an inspector by or for the person required to apply under section 59 of the Act.

Part 4 Disease control Division 1 Movement permits Livestock Regulations 2009 33

Issuing movement permit

64 Issuing movement permit (1) The Chief Inspector or an inspector may issue a movement permit if satisfied the proposed movement will not jeopardise the control of the notifiable disease specified in the relevant declaration. (2) If the application relates to the movement of livestock, the Chief Inspector or inspector: (a) must be satisfied about the following matters: (i) the application is made by or for the actual owner of the livestock; (ii) the livestock are to be moved to the place specified in the application to be their destination; and (b) may require the applicant to produce a waybill for the livestock.

Endorsement on waybill is declared area movement permit

65 Endorsement on waybill is declared area movement permit (1) This regulation applies if: (a) an application for a declared area movement permit is made in respect of movement proposed for prescribed travelling livestock; and (b) an inspector decides to issue a declared area movement permit. (2) The inspector may endorse the waybill for the livestock with a statement that the proposed movement is permitted under section 59 of the Act, and the endorsement is taken to be a declared area movement permit.

Cancellation of declared area movement permit

66 Cancellation of declared area movement permit (1) An inspector may, orally or in writing, cancel a declared area movement permit if the inspector is satisfied: (a) further movement under the permit is reasonably likely to jeopardise the control of the notifiable disease specified in the declaration of the area; or (b) there has been a contravention of the permit.

Part 4 Disease control Division 1 Movement permits Livestock Regulations 2009 34 (2) The cancellation takes effect at the time specified by the inspector, which may be immediately after the following person is made aware of the cancellation: (a) if the permit was issued to regulate the movement of a person – that person; (b) if the permit was issued to regulate the movement of livestock or other things – the person in charge of the livestock or things. (3) As soon as practicable after cancelling the permit, the inspector must give written notice of the cancellation and the reasons for it: (a) to the applicant for the permit, regardless of whether the applicant is also the person made aware of the cancellation under subregulation (2); and (b) if the permit was issued to regulate the movement of livestock and the applicant is not their actual owner – to the actual owner of the livestock.

Cancellation of standstill zone movement permit

67 Cancellation of standstill zone movement permit (1) If the Chief Inspector considers it necessary, the Chief Inspector may cancel a standstill zone movement permit orally or in writing. (2) The cancellation takes effect at the time specified by the Chief Inspector, which may be immediately after the person in charge of the livestock, animal, animal product or other thing being moved is made aware of the cancellation. (3) The Chief Inspector must confirm an oral cancellation, and the reason for the cancellation, by written notice: (a) to the applicant for the permit, regardless of whether the applicant is also the person made aware of the cancellation under subregulation (2); and (b) if the applicant is not the actual owner of the livestock, animal, animal product or other thing for which the permit was issued – to the actual owner. Note for regulation 67 A person is not entitled to apply for a review of the decision to cancel a standstill zone movement permit – see section 118 of the Act.

Part 4 Disease control Division 1A Other movement documents Livestock Regulations 2009 35

Person in charge must show movement permit

68 Person in charge must show movement permit The person in charge of livestock being moved under a movement permit must: (a) have possession of the permit during the entire period of movement; and (b) at the request of an inspector during that period – show the inspector the permit. Fault element: Strict liability offence. Maximum penalty: 100 penalty units.

Person in charge must notify of escape

69 Person in charge must notify of escape (1) This regulation applies if livestock being moved under a movement permit escape from the control of the person in charge of the livestock. (2) The person in charge commits an offence if the person does not, as soon as practicable after the escape, notify each of the following of the escape: (a) an inspector; (b) if the person in charge is not the actual owner of the livestock – the actual owner of the livestock; (c) if the livestock escaped onto a person's property – the owner of the property. Fault element: Knowledge of the escape. Maximum penalty: 200 penalty units. Division 1A Other movement documents

69A

Declaration or certificate for livestock movement interstate

69A Declaration or certificate for livestock movement interstate (1) This regulation applies in relation to livestock that are to be moved out of the Territory to a State or another Territory. (2) Before the movement starts, the owner or person in charge of the livestock may request an inspector to: (a) inspect the livestock and the property or place where the livestock are, or have been, kept; and

Part 4 Disease control

Div 1A

Declaration or certificate for export of livestock

69B Declaration or certificate for export of livestock (1) This regulation applies in relation to livestock that are to be exported from a property in the Territory. (2) The owner or person in charge of the livestock may request an inspector to make a written declaration or issue a certificate in relation to the livestock or property (or both). (3) The declaration or certificate must give information about the status of the livestock or property, in relation to diseases or infection, that is relevant to the requirements of the law in force in the country to which the livestock are to be exported. (4) Before making a declaration or issuing a certificate under this regulation, an inspector must conduct appropriate investigations to enable the inspector to be satisfied about the past and current status of the livestock or property in relation to diseases or infection.

Part 4 Disease control Division 2 Prohibited pig feed Livestock Regulations 2009 37 Division 2 Prohibited pig feed

Meaning of prohibited pig feed

70 Meaning of prohibited pig feed (1) Subject to subregulation (2), prohibited pig feed is: (a) material that contains or may contain the following: (i) mammalian material; (ii) material originating from poultry (poultry material); and (b) material that has been or may have been in contact with mammalian material or poultry material. (2) Prohibited pig feed does not include the following: (a) mammalian material or poultry material that is: (i) rendered in accordance with the Australian Standard for the Hygienic Rendering of Animal Products AS 5008:2001, as in force from time to time; or (ii) derived from a commercial product that has been cooked to an internal temperature of 100º C for a minimum of 30 minutes; or (iii) cooking oil or fat that has been treated in accordance with the National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds approved by the Primary Industries Ministerial Council in July 2008, as in force from time to time; or (iv) treated using a process that is approved in writing by the Chief Inspector; or (v) used for the purpose of pest control of feral pigs: (A) in a poisoned bait; or (B) as a preliminary to baiting a feral pig; (b) milk, milk products or milk by-products of Australian origin or legally imported into Australia for consumption by animals.

Offences related to prohibited pig feed

71 Offences related to prohibited pig feed (1) A person commits an offence if: (a) the person intentionally feeds foodstuff to pigs; and

Part 4 Disease control Division 3 Ruminants and restricted animal material Livestock Regulations 2009 38 (b) the foodstuff contains prohibited pig feed and the person is reckless in relation to that circumstance. Maximum penalty: 200 penalty units. (2) A person commits an offence if: (a) the person owns pigs; and (b) the pigs have access to prohibited pig feed and the person is reckless in relation to that circumstance. Maximum penalty: 200 penalty units.

No supply of prohibited pig feed

72 No supply of prohibited pig feed A person commits an offence if: (a) the person intentionally supplies foodstuff to another person; and (b) the foodstuff consists entirely or partly of prohibited pig feed and the person is reckless in relation to that circumstance; and (c) the other person intends to feed the foodstuff to pigs and the person is reckless in relation to that circumstance. Maximum penalty: 200 penalty units.

Orders relating to food scraps

73 Orders relating to food scraps (1) The Chief Inspector may order a person to: (a) treat food scraps in a specified manner to avoid the unintentional feeding of prohibited pig feed to pigs; or (b) take specified action to exclude feral pigs from places where there are food scraps. (2) The person must not intentionally contravene the order. Maximum penalty: 200 penalty units. Division 3 Ruminants and restricted animal material

Restricted animal material

74 Restricted animal material (1) Restricted animal material is material derived from a mammal, bird or fish but does not include the following: (a) milk or milk by-products of Australian origin;

Part 4 Disease control Division 3 Ruminants and restricted animal material Livestock Regulations 2009 39 (b) tallow; (c) gelatine. (2) For subregulation (1)(b), tallow is any product that: (a) contains rendered fat or oil from an animal or used cooking oil filtered or otherwise treated to remove visible particle matter; and (b) complies with a specification of 2% maximum M+I (moisture plus insoluble impurities) as measured by American Oil Chemists' Society official methods; and (c) is produced in accordance with the national standard for recycling used cooking oils and fats.

Manufactured foodstuff

75 Manufactured foodstuff (1) Manufactured foodstuff is food that has undergone a manufacturing process and is intended for consumption by livestock or other animals. (2) However, manufactured foodstuff does not include food consisting entirely of the following: (a) whole grains, whole seeds, hay, straw, chaff, milk products derived from milk of Australian origin, minerals, mineral supplements or vitamin supplements; (b) a combination of the foods or products mentioned in paragraph (a).

Product statement and product warning

76 Product statement and product warning (1) A product statement is a statement that says (or in effect says), "This product does not contain restricted animal material". (2) A product warning is a statement that says (or in effect says), "This product contains restricted animal material – DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS".

Supply of manufactured foodstuff in bulk – warning and

77 Supply of manufactured foodstuff in bulk – warning and statement (1) A person commits an offence if: (a) the person supplies, in bulk, manufactured foodstuff (except dry dog food) containing restricted animal material; and

Part 4 Disease control Division 3 Ruminants and restricted animal material Livestock Regulations 2009 40 (b) the invoice for the foodstuff, or another document relating to the supply of the foodstuff, does not include a product warning in a prominent position, in letters at least 3 mm high, and in dark print on a light background. Fault element: Strict liability offence. Maximum penalty: 200 penalty units. (2) A person commits an offence if: (a) the person supplies, in bulk, manufactured foodstuff (except dry dog food) not containing restricted animal material; and (b) the invoice for the foodstuff, or another document relating to the supply of the foodstuff, does not include a product statement in a prominent position, in letters at least 3 mm high, and in dark print on a light background. Fault element: Strict liability offence. Maximum penalty: 200 penalty units.

Supply of manufactured foodstuff in container – warning and

78 Supply of manufactured foodstuff in container – warning and statement (1) A person commits an offence if: (a) the person supplies, in a container, manufactured foodstuff (except dry dog food) containing restricted animal material; and (b) the container, or a label or tag attached to the container, does not display a product warning in a prominent position, in letters at least 3 mm high, and in dark print on a light background. Fault element: Strict liability offence. Maximum penalty: 200 penalty units. (2) A person commits an offence if: (a) the person supplies, in a container, manufactured foodstuff (except dry dog food) not containing restricted animal material; and

Part 4 Disease control

Div 3

Ruminants and restricted animal material

Division 3 Ruminants and restricted animal material Livestock Regulations 2009 41 (b) the container, or a label or tag attached to the container, does not display a product statement in a prominent position, in letters at least 3 mm high, and in dark print on a light background. Fault element: Strict liability offence. Maximum penalty: 200 penalty units.

No interference with product statement or product warning

79 No interference with product statement or product warning (1) A person must not remove a product statement or product warning from: (a) a container that contains manufactured foodstuff; or (b) a label or tag attached to a container that contains manufactured foodstuff. Fault element: Strict liability offence. Maximum penalty: 200 penalty units. (2) A person must not mark or deface an invoice or other document relating to the supply of manufactured foodstuff in a way that obscures a product statement or product warning. Fault element: Strict liability offence. Maximum penalty: 200 penalty units.

No feeding manufactured foodstuff to ruminants

80 No feeding manufactured foodstuff to ruminants (1) A person must not feed to a ruminant foodstuff consisting entirely or partly of restricted animal material. Fault elements: The person: (a) intentionally feeds foodstuff to the ruminant; and (b) is reckless in relation to whether the foodstuff consists entirely or partly of restricted animal material. Maximum penalty: 200 penalty units. (2) A person commits an offence if: (a) the person feeds manufactured foodstuff to a ruminant; and

Part 4

Disease control

Part 4 Disease control Division 4 Approved laboratories Livestock Regulations 2009 42 (b) the manufactured foodstuff was supplied to the person: (i) in a container on which a product warning is displayed, or to which is attached a label or tag displaying a product warning; or (ii) in bulk, and the invoice for the foodstuff or another document relating to the supply includes a product warning. Fault element: Strict liability offence. Maximum penalty: 200 penalty units. (3) Subregulation (2) does not apply if the person has authorisation from the Chief Inspector to feed the manufactured foodstuff to a ruminant for conducting research described in the authorisation.

Div 4

Approved laboratories

Division 4 Approved laboratories

Emergency disease test only at approved laboratory

81 Emergency disease test only at approved laboratory (1) This regulation applies only in relation to a test, analysis or diagnostic examination to determine whether livestock or animal products are infected with an emergency disease (an emergency disease test). (2) A person commits an offence if the person conducts an emergency disease test at a place other than an approved laboratory. Fault element: Recklessness in relation to whether the place where the test is conducted is an approved laboratory. Maximum penalty: 200 penalty units. (3) A person commits an offence if the person gives another person a sample or specimen taken from livestock or an animal product to conduct an emergency disease test at a place other than an approved laboratory. Fault elements: The person: (a) intends the other person to use the sample or specimen to conduct an emergency disease test; and

Part 4A Animal protection – land transport of livestock Livestock Regulations 2009 43 (b) knows the test is to be conducted at a place other than an approved laboratory. Maximum penalty: 200 penalty units.

Obligations of owner of approved laboratory

82 Obligations of owner of approved laboratory (1) The owner of an approved laboratory must: (a) ensure only diagnostic tests approved under section 32(3) of the Act are used for the detection of an emergency disease; and (b) ensure all tests, analyses or examinations of a sample or specimen are carried out in accordance with approved standards; and (c) ensure approved records are kept and submitted to the Chief Inspector within the approved time and in the approved manner; and (d) ensure the facilities and operational practices used in the laboratory comply with any approved standards of accreditation; and (e) comply with any written directions of the Chief Inspector for persons to take part in a program to assess the proficiency of the facilities and operational practices used in the laboratory. Fault element: Strict liability offence. Maximum penalty: 200 penalty units. (2) In subregulation (1)(b), (c) and (d): approved means approved by the Chief Inspector by Gazette notice. Part 4A Animal protection – land transport of livestock

82A

Definitions

82A Definitions In this Part: category 1 provision means standard number: SA1.2, SA3.1, SA4.1, SA4.3, SA4.4, SA4.5, SA5.1, SA5.3, SA5.6, SA5.9, SA5.10, SA5.11, SA5.12, SA5.13, SA5.14, SA5.15, SA5.16, SA5.17, SA6.1, SA6.2, SB2.1, SB2.2, SB2.6, SB3.1, SB3.2, SB4.1, SB4.2, SB7.1, SB7.2, SB8.1, SB8.2, SB9.1, SB9.2, SB10.1, SB10.2, SB10.3,

Part 4A

Animal protection – land transport of livestock

Part 4A Animal protection – land transport of livestock Livestock Regulations 2009 44 SB10.5, SB10.9, SB10.10, SB11.1, SB11.2. category 2 provision means standard number: SA5.7, SA5.8, SA6.4, SA6.5, SA6.6, SB2.3, SB2.4, SB2.5, SB3.3, SB3.4,SB3.5, SB3.6, SB3.7, SB3.8, SB3.9, SB4.3, SB7.3, SB8.3, SB8.4, SB8.5, SB8.6, SB8.7, SB8.10, SB8.11, SB8.12, SB8.13, SB9.3, SB9.4, SB10.4, SB10.6, SB10.7. Land Transport Standard means the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock, published by Animal Health Australia and approved by the Primary Industries Standing Committee in September 2012, as in force from time to time.

82B

Adoption of Land Transport Standard

82B Adoption of Land Transport Standard The Land Transport Standard is incorporated into these Regulations for the purposes of this Part.

82C

Offences relating to Land Transport Standard

82C Offences relating to Land Transport Standard (1) A person commits an offence if: (a) the person is a person to whom a category 1 provision applies; and (b) the person fails to comply with the provision. Maximum penalty: 50 penalty units. (2) A person commits an offence if: (a) the person is a person in charge of livestock; and (b) a category 2 provision is not complied with in relation to the livestock. Maximum penalty: 50 penalty units. (3) An offence against subregulation (1) or (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against subregulation (1) or (2) if the defendant establishes a reasonable excuse. Note for regulation 82C Category 1 provisions state that a particular person must do or not do something. Under regulation 82C(1) the person commits an offence if the person fails to comply with the provision.

Part 5 Determination of compensation Division 1 Valuation Livestock Regulations 2009 45 Category 2 provisions state that something must or must not be done, but do not state who must do or not do the thing. Under regulation 82C(2) if a category 2 provision is not complied with, the person in charge of the livestock at the time commits an offence. Part 5 Determination of compensation

Div 1

Valuation

Division 1 Valuation

General principles for valuing destroyed livestock

83 General principles for valuing destroyed livestock (1) Subject to this Part, the amount of compensation payable for destroyed livestock is the total of the market value of each animal determined by reference to the nearest reference market, less the estimated selling costs and estimated transport costs. (2) For subregulation (1): (a) the estimated selling costs to be deducted from the market value are the costs that would have been likely to have been incurred if the livestock had been sold at the nearest reference market, including any transaction levy that would have been imposed under a law of the Commonwealth; and (b) the estimated transport costs to be deducted from the market value are the costs that would have been likely to have been incurred in transporting the livestock between the place they were kept immediately before being destroyed and the nearest reference market place. (3) The valuation body must value each animal as if it were free of disease and as it stood on the day immediately before it was destroyed, taking into account the animal's age, sex, breed, body condition, liveweight and any other relevant matters.

Calculation of value of certain herd bulls

84 Calculation of value of certain herd bulls If a valuation relates to a herd bull of at least 3 years of age, the valuation body must do the following: (a) give the bull a notional breeding value (NBV) by determining its value as if it were a 3 year old member of its class; (b) ascertain the current meat works value of the actual bull at its actual age (CMV);

Part 5

Determination of compensation

Part 5 Determination of compensation Division 2 Procedural matters Livestock Regulations 2009 46 (c) calculate a conversion factor (CF) to take into account the age of the bull, in accordance with the following formula: CF = NBV – CMV 5 ; (d) determine the final value (FV) in accordance with the following formula, in which "A" is the age of the bull rounded up to the next highest whole number: FV = NBV – [(A – 3) x CF].

No reference to previous valuation

85 No reference to previous valuation (1) A valuation body must not use a previous valuation of destroyed livestock or destroyed things as a reference or basis for any other valuation. (2) Subregulation (1) does not apply in relation to destroyed livestock if the owner of the livestock agrees to the valuation body using a previous valuation in respect of destroyed livestock from the same property.

Div 2

Procedural matters

Division 2 Procedural matters

Form of valuation and determination

86 Form of valuation and determination A valuation body must use the approved form of valuation and determination supplied by the Chief Inspector and must complete the form in accordance with directions included in it.

Valuation panel procedures

87 Valuation panel procedures (1) In making a determination of compensation, the members of a valuation panel must: (a) work independently until each has completed a valuation of the destroyed livestock or destroyed thing; and (b) after completion, discuss the valuations until: (i) a consensus or majority agreement is reached; or (ii) it appears agreement is unlikely. (2) The notice of determination must be signed by each panel member regardless of whether agreement is reached. (3) If there is a majority agreement, the notice must include the views of the dissenting member.

Part 6 Infringement offences and infringement notices Livestock Regulations 2009 47 Part 6 Infringement offences and infringement notices

Infringement offence and prescribed amount payable

88 Infringement offence and prescribed amount payable (1) An infringement offence is an offence against a provision specified in Schedule 5. (2) The prescribed amount for an infringement offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 5.

When infringement notice may be served

89 When infringement notice may be served If an inspector reasonably believes a person has committed an infringement offence, the inspector may serve a notice on the person.

Contents of infringement notice

90 Contents of infringement notice (1) The infringement notice must specify the following particulars: (a) the name and address of the alleged offender, if known; (b) the date of the infringement notice; (c) the date, time and place of the infringement offence; (d) a description of the infringement offence and the prescribed amount payable for the offence; (e) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the alleged offender may expiate the infringement offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after service of the notice; (b) the alleged offender may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and serving it on the specified enforcement agency;

Part 6

Infringement offences and infringement notices

Part 6 Infringement offences and infringement notices Livestock Regulations 2009 48 (c) if the alleged offender does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001 including (but not limited to) action for the following: (i) suspension of the alleged offender's licence to drive; (ii) seizure of personal property of the alleged offender; (iii) deduction of an amount from the alleged offender's wages or salary; (iv) registration of a statutory charge on land owned by the alleged offender; (v) making of a community work order for the alleged offender and imprisonment if the alleged offender breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).

Payment by cheque

91 Payment by cheque If the alleged offender tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.

Withdrawal of infringement notice

92 Withdrawal of infringement notice (1) The Chief Inspector may withdraw the infringement notice by written notice served on the alleged offender. (2) The notice must be served within 28 days after service of the infringement notice but before payment of the prescribed amount.

Application of Part

93 Application of Part (1) This Part does not prejudice or affect the starting or continuation of proceedings for an infringement offence for which an infringement notice has been served unless the offence is expiated. (2) Also, this Part does not prevent more than 1 infringement notice for the same infringement offence being served on an alleged offender and, to expiate the offence, it is sufficient for the alleged offender to pay the prescribed amount in accordance with any of the notices. (3) In addition, this Part does not: (a) require an infringement notice to be served; or

Part 7 Reviewable decisions Livestock Regulations 2009 49 (b) affect the liability of a person to be prosecuted in a court for an infringement offence for which an infringement notice has not been served.

Part 7

Reviewable decisions

Part 7 Reviewable decisions

Registrar's decisions

94 Registrar's decisions The following decisions of the Registrar are reviewable decisions: (a) under Part 2, Division 1 – the following: (i) a refusal to register a brand or earmark; (ii) a refusal to transfer the registration of a 3-letter brand; (iii) the cancellation of the registration of a 3-letter brand; (b) a refusal under regulation 21(2) to give an authorisation for a brand to be used on a property other than the registered property for the brand; (c) a refusal under regulation 27 to give an authorisation for a subsequent earmark to be made; (d) a refusal under Part 3, Division 2 to give an authorisation relating to unbranded cattle; (da) a refusal under regulation 41(2) to give an authorisation for the cattle to be moved without permanent approved devices; (e) a refusal under regulation 62(1) to authorise a slower rate of travel for travelling livestock.

Chief Inspector's decision

95 Chief Inspector's decision A decision of the Chief Inspector relating to a refusal under regulation 80(3) to give an authorisation for the feeding of manufactured foodstuff to a ruminant is a reviewable decision.

Inspector's decisions

96 Inspector's decisions The following decisions of an inspector are reviewable decisions: (a) a refusal under regulation 39(1) to give an authorisation for an approved device to be attached to a head of livestock; (b) a refusal under regulation 44(1)(a) to give an authorisation for the removal of an approved device from a head of regulated livestock;

Part 9 Transitional matters for Agriculture Legislation Amendment Regulations 2025 Livestock Regulations 2009 50 (d) a refusal under regulation 64 to issue a declared area movement permit; (e) the cancellation of a declared area movement permit under regulation 66.

Part 8

Administration

Part 8 Administration

Fees payable in relation to functions performed by inspectors

97 Fees payable in relation to functions performed by inspectors (1) Schedule 6 prescribes the fees payable in relation to functions performed by inspectors to assist in achieving the object of the Act by protecting the health and welfare of livestock. (2) The fees are payable in relation to functions performed for the purpose of: (a) controlling diseases; or (b) ensuring compliance with standards and procedures for managing livestock; or (c) implementing the national biosecurity strategy.

Part 9

Transitional matters for Agriculture Legislation

Part 9 Transitional matters for Agriculture Legislation Amendment Regulations 2025

Definitions

98 Definitions In this Part: amending regulations means the Agriculture Legislation Amendment Regulations 2025. commencement means the day on which regulation 9 of the amending regulations commences.

Brands

99 Brands Regulation 16(1), as in force after the commencement, does not apply in relation to a symbol brand that was registered before the commencement of regulation 11 of the amending regulations.

100

Reviewable decisions

100 Reviewable decisions Despite the amendments to regulations 94 and 96 made by regulations 28 and 29 of the amending regulations, regulations 94 and 96, as in force immediately before the commencement,

Part 9 Transitional matters for Agriculture Legislation Amendment Regulations 2025 Livestock Regulations 2009 51 continue to apply in relation to a decision that was, immediately before the commencement, a reviewable decision if the decision was made before the commencement.

Schedule 1 Fees payable for applications relating to brands and earmarks Livestock Regulations 2009 52

Sch 1

Fees payable for applications relating to

Schedule 1 Fees payable for applications relating to brands and earmarks regulation 6 Column 1 Application Column 2 Fee in revenue units Application for registration of 3-letter brand 100 Application for registration of symbol brand 100 Application for registration of earmark 75 Application for transfer of 3-letter brand 50

Schedule 2 Positions of brands Livestock Regulations 2009 53

Sch 2

Positions of brands

Schedule 2 Positions of brands regulation 18(2) Item Brand position 1 off shoulder 2 off rump, hip or thigh 3 near shoulder 4 near rump, hip or thigh

Schedule 3 Identifiable livestock Livestock Regulations 2009 54

Sch 3

Identifiable livestock

Schedule 3 Identifiable livestock regulation 30 Item Identifiable livestock 1 alpacas 2 buffalo 3 camels 4 cattle 5 crocodiles 6 deer 7 goats 8 horses 9 llamas 10 pigs 11 poultry 12 sheep

Schedule 4 Prescribed imported livestock and prescribed travelling livestock Livestock Regulations 2009 55 Schedule 4 Prescribed imported livestock and prescribed travelling livestock regulations 52 and 53 Part A Item Prescribed imported livestock 1 alpacas 2 buffalo 3 camels 4 cattle 5 deer 6 goats 7 honey bees 8 horses 9 llamas 10 pigeons 11 pigs 12 poultry 13 sheep Part B Item Prescribed travelling livestock 1 alpacas 2 buffalo 3 camels 4 cattle 5 deer

Sch 4

Prescribed imported livestock and prescribed travelling livestock

Schedule 4 Prescribed imported livestock and prescribed travelling livestock Livestock Regulations 2009 56 6 goats 7 llamas 8 pigs 9 sheep

Schedule 5 Infringement offences and prescribed amounts Livestock Regulations 2009 57 Schedule 5 Infringement offences and prescribed amounts regulation 88 Provision Prescribed amount in penalty units Livestock Act 2008 1 section 16C(4) 3 2 sections 16G(2), 16H(2), 17(4) and 20(2) 10 3 section 41 20 4 section 45 25 5 section 48(3) 20 6 sections 53(4) and 56(3) and (4) 25 7 sections 61(1) and (2), 97(2), 100(4), 104(5) and 107(3) 10 8 section 128(1) and (2) 5 Livestock Regulations 2009 9 regulations 12(1) and 13(2) 2 10 regulations 17 and 18(3) 5 11 regulation 21(1) 10 12 regulations 24, 26, 27 and 28(1) and (2) 5 13 regulation 29(1) and (2) 10 14 regulations 32(1), 34(2) and 35(2) 2 15 regulations 36, 38, 39(3) and (5), 40, 41(3), and 42(6) 5 16 regulation 43 3 17 regulation 44(2) 5

Sch 5

Infringement offences and prescribed amounts

Schedule 5 Infringement offences and prescribed amounts Livestock Regulations 2009 58 18 regulations 51(3) and (4), 51AA(3), 51AB(2) and 51AC(3) 3 19 regulations 51A(4), 51C(2) and 54(3) 5 20 regulation 55(1) 10 21 regulations 55(2), 56(1), 57(2) and 71(2) 5 22 regulation 73(2) 10 23 regulation 82C(1) or (2) 5

Schedule 6 Fees payable – functions performed by inspectors Livestock Regulations 2009 59 Schedule 6 Fees payable – functions performed by inspectors regulation 97 Item Function Fee in revenue units 1 Inspecting livestock, other than horses, for cattle ticks – Monday to Friday excluding public holidays 40 plus 1 for each head of livestock 2 Inspecting livestock, other than horses, for cattle ticks – Saturday, Sunday and public holidays 90 plus 1 for each head of livestock 3 Inspecting horses for cattle ticks – Saturday, Sunday and public holidays only 130 plus 1 for each head of livestock 4 Supervising treatment for cattle ticks on livestock other than horses – Monday to Friday excluding public holidays 40 plus 1 for each head of livestock

Supervising treatment for cattle ticks on livestock

5 Supervising treatment for cattle ticks on livestock other than horses – Saturday, Sunday and public holidays 90 plus 1 for each head of livestock

Supervising treatment for cattle ticks on horses –

6 Supervising treatment for cattle ticks on horses – Saturday, Sunday and public holidays only 130 plus 1 for each head of livestock

Performing functions under regulation 69A 58 for each

7 Performing functions under regulation 69A 58 for each consignment of livestock to be moved

Performing functions under regulation 69B –

8 Performing functions under regulation 69B – Monday to Friday excluding public holidays 29 for each consignment of livestock to be exported

Performing functions under regulation 69B –

9 Performing functions under regulation 69B – Saturday, Sunday and public holidays 58 for each consignment of livestock to be exported

Sch 6

Fees payable – functions performed by inspectors

Schedule 6 Fees payable – functions performed by inspectors Livestock Regulations 2009 60

Conducting a search, investigation, inspection or

10 Conducting a search, investigation, inspection or examination under section 33 of Act; marking or treating livestock under section 34 of Act; performing a function under another section of the Act, or under a regulation, that is relevant to a purpose mentioned in regulation 97(2) 30 for each half hour (or part half hour) performing the function

ENDNOTES Livestock Regulations 2009 61 ENDNOTES

KEY Key to abbreviations

1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced

LIST OF LEGISLATION

2 LIST OF LEGISLATION Livestock Regulations (SL No. 23, 2009) Notified 26 June 2009 Commenced 1 September 2009 (r 2, s 2 Livestock Act 2008 (Act No. 36, 2008) and Gaz G34, 26 August 2009, p 3) Livestock Amendment Regulations 2012 (SL No. 35, 2012) Notified 3 August 2012 Commenced pt 3: 1 January 2013; rem: 3 August 2012 (r 2) Livestock Amendment Regulations 2014 (SL No. 38, 2014) Notified 19 November 2014 Commenced 1 January 2015 Animal Protection Act 2018 (Act No. 25, 2018) Assent date 22 November 2018 Commenced 1 November 2022 (Gaz S55, 1 November 2022) Amending Legislation Animal Protection Amendment Act 2022 (Act No. 19, 2022) Assent date 12 September 2022 Commenced 13 September 2022 (s 2) Livestock and Other Legislation Amendment Act 2024 (Act No. 7, 2024) Assent date 9 April 2024 Commenced 30 April 2024 (Gaz S33, 26 April 2024) Agriculture Legislation Amendment Regulations 2025 (SL No. 4, 2025) Date made 22 May 2025 Commenced 23 May 2025 (r 2)

ENDNOTES Livestock Regulations 2009 62

GENERAL AMENDMENTS

3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 90 and sch 5.

LIST OF AMENDMENTS

4 LIST OF AMENDMENTS r 3 amd Act No. 7, 2024, s 32; No. 4, 2025, r 10 r 16 amd No. 4, 2025, r 11 r 33 amd Act No. 7, 2024, s 33 r 37 amd No. 4, 2025, r 12 r 39 sub No. 4, 2025, r 13 pt 2 div 6 hdg sub No. 4, 2025, r 14 r 40A ins No. 4, 2025, r 14 r 41 amd No. 35, 2012, r 7 sub No. 4, 2025, r 14 r 42 sub No. 35, 2012, r 8; No. 4, 2025, r 14 rr 43 – 44 sub No. 4, 2025, r 14 r 45 rep No. 4, 2025, r 14 pt 2 div 7 hdg rep No. 4, 2025, r 14 r 46 amd No. 35, 2012, r 9 rep No. 4, 2025, r 14 r 47 rep No. 4, 2025, r 14 pt 2 div 8 hdg rep No. 4, 2025, r 14 r 48 amd No. 35, 2012, r 10 rep No. 4, 2025, r 14 r 49 rep No. 4, 2025, r 14 pt 2 div 9 hdg sub Act No. 7, 2024, s 34 r 50 sub Act No. 7, 2024, s 34 r 51 sub Act No. 7, 2024, s 34 amd No. 4, 2025, r 15 rr 51AA – 51AC ins No. 4, 2025, r 16 r 51A ins Act No. 7, 2024, s 34 amd No. 4, 2025, r 17 r 51B ins Act No. 7, 2024, s 34 r 51C ins Act No. 7, 2024, s 34 amd No. 4, 2025, r 18 r 51D ins Act No. 7, 2024, s 34 amd No. 4, 2025, r 19 r 51DA ins No. 4, 2025, r 20 pt 2A hdg ins Act No. 7, 2024, s 34 rr 51E – 51F ins Act No. 7, 2024, s 34 r 55 amd Act No. 7, 2024, s 35 r 57 amd No. 4, 2025, r 21 r 63 amd Act No. 7, 2024, s 36 r 67 amd Act No. 7, 2024, s 37 pt 4 div 1A hdg ins No. 38, 2014, r 4 rr 69A – 69B ins No. 38, 2014, r 4 pt 4A hdg ins No. 35, 2012, r 4 amd Act No. 25, 2018, s 130

ENDNOTES Livestock Regulations 2009 63 pt 4 div 2 hdg sub No. 4, 2025, r 22 rr 70 – 72 sub No. 4, 2025, r 23 r 73 amd No. 4, 2025, r 24 r 82A ins No. 35, 2012, r 4 amd No. 4, 2025, r 25 r 82B ins No. 35, 2012, r 4 r 82C ins No. 35, 2012, r 4 amd No. 4, 2025, r 26 r 88 amd No. 4, 2025, r 27 r 94 amd No. 35, 2012, r 11; No. 4, 2025, r 28 r 95 sub No. 35, 2012, r 12 r 96 amd No. 4, 2025, r 29 pt 8 hdg ins No. 38, 2014, r 5 r 97 ins No. 38, 2014, r 5 pt 9 hdg ins No. 4, 2025, r 30 rr 98 – 100 ins No. 4, 2025, r 30 sch 2 – 3 sub No. 4, 2025, r 31 sch 4 amd No. 35, 2012, r 5 sub No. 4, 2025, r 31 sch 5 amd No. 35, 2012, r 6 sub Act No. 7, 2024, s 38; No. 4, 2025, r 31 sch 6 ins No. 38, 2014, r 6

Source text: opening excerpt

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 LIVESTOCK REGULATIONS 2009

NORTHERN TERRITORY OF AUSTRALIA LIVESTOCK REGULATIONS 2009 As in force at 23 May 2025 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Notices and applications .................................................................. 3 Part 2 Identification and registration of livestock, properties and other things Division 1 Registration of brands and earmarks 5 Livestock for which 3-letter brands may be registered..................... 3 6 Fees ................................................................................................ 3 7 Application for registration of 3-letter brand ..................................... 4 8 Decision relating to registration of brand or earmark ....................... 4 9 Decision relating to transfer of registered 3-letter brand .................. 5 10 Registration ..................................................................................... 5 11 Certificate of registration .................................................................. 6 12 Requirement to give impression of brand ........................................ 6 13 Requirement to notify change of address ........................................ 7 14 Decision to cancel registration of 3-letter brand............................... 7 Division 2 Brands 15 Construction and size of 3-letter brand ............................................ 8 16 Construction and size of symbol brand ............................................ 8 17 Brand to be consistent with registered design ................................. 9 18 Positions of brands .......................................................................... 9 19 Registered brand to be applied........................................................ 9 20 Unauthorised branding .................................................................... 9 21 Brand to be used on registered property ....................................... 10 22 Brand to be legible......................................................................... 11 23 No interference with brand............................................................. 11 24 No sale or possession if brand removed or defaced...................... 11 Division 3 Earmarks and spayed marks 25 Registered earmark to be made .................................................... 12 26 Making earmark ............................................................................. 12 27 No subsequent earmark ................................................................ 12

This section sets out practical, source‑grounded steps for common actors to reduce legal risk and to operationalise the Regulations’ requirements.

Owners of properties and livestock

Register and maintain PICs. If you own an identifiable property (Schedule 3 identifies species), apply for PIC registration promptly (reg 32(2)). Keep the certificate safe and notify the Registrar within 28 days of any change of ownership (reg 34(2)). If you acquire a property for which no PIC is registered, apply for registration within 14 days (reg 35(2)). Maintain contact details and nominated persons for biosecurity plans; if those details change, notify the Registrar within 28 days (reg 33(3)).
Pre-attach permanent devices for regulated livestock. For cattle, buffalo, sheep and goats, ensure permanent identification devices are attached before moving stock off the property (reg 41(1)). If circumstances require movement without devices, seek written authorisation from the Registrar in advance (reg 41(2)). Maintain traceable records of device serials and attach them to waybills and NLIS entries.
Use approved devices and follow purchase rules. Only attach devices approved by the Registrar (reg 36). Purchase devices only as the property owner or a person authorised by the property owner (reg 38). Ensure devices are applied in accordance with approval and by either the owner or an inspector-authorised person (reg 39).

Operators and transporters (persons in charge)

Prepare and carry waybills. For prescribed travelling livestock (Schedule 4 Part B) and prescribed imported livestock (Part A), ensure waybills/health certificates are completed before travel and that you, as person in charge, sign, carry and produce them to inspectors and property owners on request (regs 54-56). Record start and delivery dates and times. Retain copies for three years (reg 55(2)).
Ensure accurate delivery and receipt checks. If taking delivery, verify the waybill contains accurate details and signatures. Keep waybills for the statutory retention period and be able to produce them to an inspector (reg 57).

Beef and sheep producers, sale agents and saleyards

Observe branding and earmarking rules. If you brand or earmark, register three-letter brands, symbol brands and earmarks as required (regs 5-11; Schedule 1). Provide a brand impression within 60 days of registration (reg 12(1)). Apply brands only in prescribed positions and with approved size and construction (regs 15-18; Schedule 2). Do not apply a brand that is not registered or allow unregistered brands on stock you sell (regs 19-21).
Deal with unbranded cattle carefully. Do not hand over unbranded cattle for travel unless you have Registrar authorisation and provide a copy to the person in charge (reg 58(2)). The person in charge must not include unbranded cattle unless they hold that authorisation (reg 59).

Beekeepers

Register hives and comply with biosecurity conditions. Apply to register beehives in the approved form (reg 51(1)). Ensure registration is renewed every two years where applicable (reg 51(2)). If your registration is subject to conditions, comply with them or face strict liability penalties (reg 51(2A)-(4)). Where required, complete the Registrar‑approved biosecurity and disease management course within six months of new registration or first renewal (reg 51AA).
Mark hives and maintain records. Mark hives with the registration number or unique identifier at least 20 mm in height and ensure a suitable water source is within 200 metres (regs 51A, 51AB). Keep records prescribed by the Registrar, with the specific determination published on the Agency website (reg 51AC).

Feed manufacturers, suppliers and councils

Implement product statements/warnings and supply controls. Determine whether manufactured foodstuff contains restricted animal material (reg 74) and ensure correct labelling for bulk supplies and containers: product warnings or product statements in a prominent position, letters at least 3 mm high, dark print on a light background (regs 76-79). If supplying in bulk, ensure invoices or documents include the required statements (reg 77). Treat and manage food scraps to avoid inadvertent feeding of prohibited pig feed, and comply with any Chief Inspector orders in relation to food scraps (reg 73).

Approved laboratories and veterinary practices

Maintain accreditation and approved standards. Ensure emergency disease tests are performed only at an approved laboratory (reg 81). Adopt the approved diagnostic tests indicated by the Chief Inspector, maintain approved records and submit them as required. Ensure facilities and practices comply with any Gazette-notified accreditation standards (reg 82).

Organisational compliance measures applicable to all affected businesses

Embed short deadlines in operations. Build processes to meet short statutory timeframes (48 hours for NLIS entries, 60 days for brand impressions, 28 days for ownership notifications). Consider digital workflows and delegated roles for immediate NLIS entry when animals arrive.
Audit device and waybill chains. Keep searchable logs of device serial numbers, dates of application, associated waybills and NLIS entries. Ensure chain-of-custody clauses in sale or transport contracts allocate responsibility for tagging and waybill completion.
Engage regulator early for authorisations. Where operations may require moving stock without devices, altering travel rates, authorising off-property brand use, or treating food scraps, obtain written authorisations from the Registrar or Chief Inspector before acting. Oral authorisations and cancellations are possible in emergencies; seek written confirmation promptly (regs 41(2), 62, 66-67).
Train staff in labelling and branding technicalities. Ensure staff who apply brands or earmarks are familiar with size, position and construction requirements (regs 15-18, Schedule 2), and that beehive marking and water proximity requirements are understood and enforced.
Budget for inspector fees. If operations may require inspector attendance for testing, certification, supervision or other functions under reg 97, incorporate Schedule 6 fees into budgets and consider off‑peak scheduling where fees differ.
Use authorisation and review pathways. If a Registrar or inspector refuses an authorisation or cancels a permit or registration, use the specified review processes (regs 94-96) and the Act’s review provisions (see reg 14(2) note regarding ss 122-123) promptly, noting transitional provisions if the decision pre-dates recent amendments (reg 100).

Documentary evidence and record retention

Retain waybills, invoices and records for required statutory periods: waybills for at least three years (regs 55(2), 57(2)), and any records the Registrar requires for beehives (reg 51AC). Keep copies of authorisations and approvals from the Registrar or Chief Inspector.

These compliance steps directly flow from the Regulations’ prescriptions. They require coordination across operations, legal and procurement functions to manage device supply chains, record flows to NLIS, and contingency planning for rapid regulatory intervention (movement permit cancellations, oral revocations).