Part 1Preliminary

Part 1—Preliminary 1—Short title These regulations may be cited as the Livestock Regulations 2013. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Livestock Act 1997; AFB test means a test for the presence of American Foul Brood conducted by a laboratory approved for the purpose by the Chief Inspector; Agvet Code of South Australia has the same meaning as in the Agricultural and Veterinary Chemicals (South Australia) Act 1994; animal holding area— (a) includes a holding yard, assembly point or transit centre; and (b) does not include a goat depot; authorised manufacturer, in relation to identification tags, PIDs or eIDs, means a person authorised by the Chief Inspector under regulation 76 to manufacture identification tags, PIDs or eIDs; authorised recycler, in relation to PIDs or eIDs, means a person authorised by the Chief Inspector under regulation 76 to recycle PIDs or eIDs; birds includes poultry; bobby calf means a weaned calf of or under 6 weeks of age; cattle includes buffalo and bobby calves but does not include deer; corresponding law means— (a) Animal Diseases Act 2005 of the Australian Capital Territory; (b) Stock Diseases Act 1923 of New South Wales; (c) Livestock Act 2008 of the Northern Territory; (d) Stock Act 1915 of Queensland; (e) Animal (Brands and Movement) Act 1984 of Tasmania; (f) Livestock Disease Control Act 1994 of Victoria; (g) Biosecurity and Agriculture Management Act 2007 of Western Australia; (h) Stock Diseases (Regulations) Act 1968 of Western Australia; (i) Stock (Identification and Movement) Act 1970 of Western Australia; deer means an animal of the family Cervidae; destination land, in relation to the movement of animals, means the land to which the animals are or are to be moved; electronic identification device or eID means a device containing a microchip for the permanent identification of sheep or goats obtained from an authorised manufacturer or an authorised recycler or a person authorised under a corresponding law to manufacture or recycle such devices or through an ordering system approved under a corresponding law; farmed goat means a goat that is kept in a domestic or captive state but does not include a harvested rangeland goat; However, a harvested rangeland goat becomes a farmed goat in certain circumstances—see regulation 3A(3). foundation, in relation to a beehive, means material impressed with the pattern of cell bases on which bees build comb; goat depot means a place at which harvested rangeland goats are aggregated before their sale or slaughter (not being a place on the property at which the goats are captured); harvested rangeland goat—see regulation 3A; HGP earmark means an earmark of the kind required to be made immediately after cattle or buffalo are treated with a hormonal growth promotant (see regulation 32); HGP free declaration means a declaration, in a form approved by the Chief Inspector, that cattle or buffalo have not been treated with hormonal growth promotants; hive identification code—see Part 2 Division 2; hormonal growth promotant means a product containing 1 or more hormones (including but not limited to oestradiol, progesterone, trenbolone and zeranol) that increases the growth rate of, and enhances feed conversion in, cattle or buffalo; identification code, in relation to a place, means— (a) a current PIC for the place; or (b) a code (by whatever description) that is currently applied to the place for the purposes of identification under a corresponding law; identification code of a stock agent—see Part 10 Division 3; identification tag, in relation to a deer, means an ear tag obtained from an authorised manufacturer (see Part 11); land of dispatch, in relation to the movement of animals, means the land from which the animals are, or are to be, removed; lice means sheep body lice of the genus Bovicola ovis; lice‑infested sheep means sheep on which 1 or more live lice are present; live export depot means premises at which livestock are prepared or inspected for live export; livestock saleyard includes any place where the public sale of livestock is conducted; manufactured stock food means anything that is manufactured or processed as food for livestock but does not include stock food comprised only of chaff, hay or wholegrains; movement documentation—see regulation 62; national vendor declaration, in relation to animals of a particular type, means a vendor declaration of a kind designated, for the time being by the Chief Inspector by notice in the Gazette as a national vendor declaration for animals of that type for the purposes of these regulations; NLIS means National Livestock Identification System; NLIS database manager means the person designated for the time being by the Chief Inspector by notice in the Gazette as the NLIS database manager for the purposes of these regulations; non‑functioning PID or non‑functioning eID, in relation to an electronic PID or an eID, means an electronic PID or eID that fails to provide a reading when scanned; over‑the‑hooks sale means the sale of the carcass of an animal on the basis of the weight of the carcass immediately after slaughter (commonly known as hot standard carcass weight); owner of land— (a) in relation to land alienated from the Crown in fee simple—means the owner of an estate in fee simple in the land; (b) in relation to land held from the Crown by lease, licence or agreement to purchase—means the lessee, licensee or purchaser; package, in relation to a stock food, means anything in or by which the stock food is cased, covered, enclosed, contained or packed; PIC or property identification code—see Part 10 Division 1; PID or permanent identification device means a device for the permanent identification of livestock of a particular class obtained from an authorised manufacturer or an authorised recycler or a person authorised under a corresponding law to manufacture or recycle such devices or through an ordering system approved under a corresponding law; pig tattoo code—see Part 10 Division 2; port for live export includes a wharf, airport or other area at which livestock are assembled immediately before their live export, but does not include a live export depot; prescribed movement details, in relation to cattle—see subregulation (2); prescribed premises means— (a) premises on which a special event is held; or (b) an animal feedlot; or (c) an animal holding area; or (d) a live export depot; or (e) a pound; (f) an artificial breeding centre; prescribed vaccine means— (a) a preparation or substance capable of producing immunity in livestock to anthrax or rabies; and (b) any other preparation or substance determined by the Minister to be a prescribed vaccine for the purposes of these regulations; registered beekeeper means a person registered as a beekeeper under section 17 of the Act; registered veterinary product has the same meaning as in the Agvet Code of South Australia; responsible person, for an identification code, means— (a) in the case of a PIC for land on which poultry are kept—the person nominated as the responsible person for the PIC in an application for allocation or renewal of the PIC or, in the absence of such an application or nomination, the relevant accredited poultry grower or person who is required to hold such an accreditation for the poultry; or (b) in the case of a PIC for land on which birds are kept for the purposes of an egg production business—the person nominated as the responsible person for the PIC in an application for allocation or renewal of the PIC or, in the absence of such an application or nomination, the person who is accredited to engage in the egg production business or who is required to hold an accreditation to engage in the business; or (c) in the case of a PIC for land on which any other livestock are kept or handled—the person nominated as the responsible person for the PIC in an application for allocation or renewal of the PIC or, in the absence of such an application or nomination, the owner or occupier of the place identified by the PIC; or (d) in the case of a hive identification code—the relevant registered beekeeper; or (e) in the case of an identification code of a stock agent—the stock agent; restricted animal material means material derived wholly or partly from a vertebrate, but does not include milk, a milk product, gelatine, tallow or an extracted oil; sheep health statement means a declaration about the health of sheep in a form approved by the Chief Inspector; special event means an event at which animals are exhibited, or involved in a competitive activity, and includes a show, fair, rodeo and campdraft; stock agent, in relation to a vendor or purchaser of livestock, means a person who, for fee or reward, arranges for the sale or purchase of the livestock on behalf of the vendor or purchaser; stock food means— (a) manufactured stock food; or (b) chaff, hay or wholegrains; or (c) anything else used as food for livestock; swarm catch box means a hive that is used to catch bee swarms; vendor declaration means a declaration made in connection with the sale or proposed sale of livestock, using— (a) a form known as a "Vendor Declaration" from time to time approved by the Chief Inspector in respect of livestock of the relevant kind; or (b) a form to the same effect as the form referred to in paragraph (a). (2) For the purposes of these regulations, the prescribed movement details, for cattle being moved, means the following details: (a) the number of animals being moved; (b) the serial number of the national vendor declaration (if any) accompanying the animals during their movement; (c) the date on which the animals are being moved; (d) the identification code of the land of dispatch; (e) the identification code of the destination land; (f) the number or code on each animal's PID. (3) For the purposes of these regulations— (a) an animal will not be regarded as being moved or removed from land if that land and the destination land have the same identification code; (b) an animal will not be regarded as being pastured on land if— (i) it is kept for a period not exceeding 7 days at a livestock saleyard to which it has been consigned for sale; or (ii) it is kept for a period not exceeding 7 days at an abattoir at which it is to be slaughtered; (ba) a sheep or farmed goat will not be regarded as being pastured on land if— (i) the animal is held at an animal holding area as part of a consignment of such animals; and (ii) the consignment leaves the animal holding area not more than 7 days after arrival; and (iii) there is no change in the consignment of which the animal forms part (other than a change resulting from the death of an animal); (c) an animal will not be taken to be bred on land unless it has been pastured on the land since its birth; (d) a requirement to provide to a person, or notify a person of, details comprised of a number or code on a PID will be satisfied if either of the following is provided: (i) the number or code generated when the PID is scanned; or (ii) the number or code that appears on the exterior of the PID or tag; (da) a requirement to provide to a person, or notify a person of, details comprised of a number or code on an eID will be satisfied if the number or code generated when the eID is scanned is provided; (e) the NLIS database manager will only be taken to be notified if notified in a manner authorised by the NLIS database manager; (f) a reference to the operator of prescribed premises will, in the case of premises on which a special event is held, be taken to be a reference to the person in charge of the special event. (4) The Minister may, by notice in the Gazette— (a) determine that a specified preparation or substance capable of producing immunity in livestock to a specified organism or disease syndrome is a prescribed vaccine for the purposes of these regulations; or (b) vary or revoke a determination under paragraph (a). 3A—Harvested rangeland goats (1) For the purposes of these regulations, a reference to a harvested rangeland goat will be taken to be a reference to a goat— (a) that is captured from a wild state (however described); and (b) the capture of which satisfies any requirements determined by the Chief Inspector by notice in the Gazette for the purposes of this paragraph. (2) Without limiting the requirements that may be determined by the Chief Inspector under subregulation (1)(b), such requirements may include— (a) a requirement that a goat be captured, or not be captured, in a specified part of the State; or (b) a requirement that a goat was not born as part of a managed breeding program. (3) However, a goat ceases to be a harvested rangeland goat, and will be taken to be a farmed goat, if any of the following occurs: (a) the goat is held at the place at which it was captured from a wild state for more than 42 days; (b) the goat is moved from the place at which it was captured from a wild state to anywhere other than a goat depot or abattoir; (c) the goat is held at a goat depot for a period of more than 10 days; (d) the goat is moved from a goat depot to a place (including, to avoid doubt, to another goat depot) other than an abattoir; (e) the goat is subjected to animal husbandry practices (however described) at any point following its capture from a wild state; (f) the goat is provided with any form of veterinary treatment following its capture from a wild state. 4—Prescribed expiable offences For the purposes of section 82 of the Act, the following are prescribed expiable offences: (a) an expiable offence under section 33(3) of the Act; (b) expiable offences under Part 11 of these regulations. 5—Authorisations (1) An authorisation of the Chief Inspector under these regulations— (a) must be in writing; and (b) may be given to a particular person or to a class of persons or may apply generally; and (c) may be subject to conditions; and (d) may be varied or revoked by the Chief Inspector at any time. (2) An authorisation of the Chief Inspector under these regulations or the variation or revocation of such an authorisation takes effect— (a) if the authorisation is given to a particular person—when written notice of the authorisation or of the variation or revocation (as the case may be) is served on the person; or (b) if the authorisation is given to a class of persons or applies generally—when notice of the authorisation or of the variation or revocation (as the case may be) is published in the Gazette.