LIVESTOCK REGULATIONS 2009
Part 1Preliminary matters
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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;