14Decision 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