Part 10Identification codes

Part 10—Identification codes Division 1—PICs 51—Requirement to have current PIC (1) For the purposes of section 26A(3) of the Act— (a) the following persons are each guilty of an offence if the land on which 1 or more prescribed animals are kept does not have a current PIC: (i) the owner of the land; (ii) the occupier of the land; (iii) the owner of the animals; (iv) the person responsible for the management of the animals; and (b) a person who— (i) keeps poultry (within the meaning of the Primary Produce (Food Safety Schemes) (Meat Industry) Regulations 2006) on land; and (ii) is an accredited poultry grower (within the meaning of those regulations) or is required to hold such an accreditation for the poultry, is guilty of an offence if the land does not have a current PIC; and (c) a person who— (i) keeps birds on land for the purpose of engaging in an egg production business (within the meaning of the Primary Produce (Food Safety Schemes) (Egg) Regulations 2012); and (ii) is, under those regulations, accredited to engage in the egg production business or is required to hold such an accreditation to engage in the business, is guilty of an offence if the land does not have a current PIC. (2) Pursuant to section 6A of the Act, the following categories of offences are prescribed for the purposes of section 26A(3) of the Act (and accordingly the corresponding penalties or expiation fees set out in section 26A(3) apply): (a) a category 1 offence is— (i) an offence against subregulation (1)(a) committed, or alleged to have been committed, in connection with the keeping of more than 250 animals other than birds; or (ii) an offence against subregulation (1)(b) or (c) committed, or alleged to have been committed, in connection with the keeping of more than 1 000 birds; (b) a category 2 offence is— (i) an offence against subregulation (1)(a) committed, or alleged to have been committed, in connection with the keeping of 21 to 250 (inclusive) animals other than birds; or (ii) an offence against subregulation (1)(b) or (c) committed, or alleged to have been committed, in connection with the keeping of 101 to 1 000 (inclusive) birds; (c) a category 3 offence is— (i) an offence against subregulation (1)(a) committed, or alleged to have been committed, in connection with the keeping of 1 to 20 (inclusive) animals other than birds; or (ii) an offence against subregulation (1)(b) or (c) committed, or alleged to have been committed, in connection with the keeping of 1 to 100 (inclusive) birds. prescribed animals means— (a) buffalo; (b) camels; (c) cattle; (d) deer; (e) equines (including horses, donkeys and mules); (f) goats; (g) pigs; (h) sheep; (i) South American camelids (including alpaca, llama, vicuna and guanaco). 52—Allocation and renewal of PICs (1) The Chief Inspector may, on application or on his or her own initiative, allocate or renew a PIC identifying a particular place where livestock or livestock of a specified class may be kept or handled. (2) An application for the allocation or renewal of a PIC for a place may be made by— (a) a person who is required to have a current PIC for the place under regulation 51; or (b) if the place is a livestock saleyard, abattoir, prescribed premises or port for live export—the owner or operator of the place; or (c) if the place is a place where a special event is held—the organiser of the special event; or (d) a person who proposes to become such a person or who otherwise satisfies the Chief Inspector that he or she has a proper interest in the allocation of a PIC to a place. (3) The boundaries of a place identified by a PIC are to be determined at the absolute discretion of the Chief Inspector. (4) Subject to this Division, a PIC remains current in relation to a place for the period specified in the instrument of allocation or renewal or, if no period is so specified, 2 years. (5) The Chief Inspector may, at his or her discretion and on payment of the late application fee set out in Schedule 3, renew a PIC on a late application despite the fact that the term for which the PIC was current has expired and, in that event, the renewal has effect from the end of the term for which the PIC was previously current. 53—Substitution of responsible person, variation of boundaries and cancellation of PIC (1) The Chief Inspector may, on application by the responsible person for a PIC or on his or her own initiative— (a) substitute the person who is the responsible person for the PIC; or (b) vary the boundaries of the place identified by the PIC; or (c) cancel the PIC. (2) Before taking action in relation to a PIC on his or her own initiative, the Chief Inspector must give the responsible person for the PIC a reasonable opportunity to make submissions. (3) Whether a substitution, variation or cancellation should be made under this regulation is to be determined at the absolute discretion of the Chief Inspector. Division 2—Pig tattoo codes 54—Allocation of pig tattoo code (1) The Chief Inspector may, on application by a person who keeps pigs or a responsible person for a PIC for land on which pigs are or are proposed to be kept or on his or her own initiative, allocate a pig tattoo code and associate the pig tattoo code with a PIC for the land. (2) Subject to this Division, a pig tattoo code remains current for so long as the PIC to which it is associated remains current. (3) More than 1 pig tattoo code may be associated with the same PIC. 55—Cancellation of pig tattoo code (1) The Chief Inspector may, on application by the responsible person for a PIC to which a pig tattoo code is associated or on his or her own initiative, cancel the pig tattoo code. (2) Before taking action in relation to a pig tattoo code on his or her own initiative, the Chief Inspector must give the responsible person for the PIC to which the pig tattoo code is associated a reasonable opportunity to make submissions. (3) Whether a pig tattoo code should be cancelled under this regulation is to be determined at the absolute discretion of the Chief Inspector. Division 3—Stock agent identification codes 56—Allocation and cancellation of stock agent identification code (1) The Chief Inspector may, on application or on his or her own initiative, allocate an identification code to a stock agent. (2) The Chief Inspector may, on application or on his or her own initiative, cancel the identification code of a stock agent. (3) Before taking action in relation to an identification code on his or her own initiative, the Chief Inspector must give the person to whom the code is allocated a reasonable opportunity to make submissions. (4) Whether an identification code should be cancelled under this regulation is to be determined at the absolute discretion of the Chief Inspector. 57—Applications under this Part (1) An application under this Part must— (c) be accompanied by the fee (if any) set out in Schedule 3. (2) An application under this Part may be combined with an application for registration or renewal of registration under section 17 of the Act or with any other application under this Part. 58—Register of PICs and pig tattoo codes (1) The Chief Inspector must maintain a register of PICs including, for each PIC— (a) details of the name and address of the responsible person for the PIC; and (b) details of the land identified by the PIC; and (c) details of any associated pig tattoo code. (2) The register may contain other information that the Chief Inspector considers appropriate, such as further contact details of the responsible person or the identity and contact details of the registered proprietor of the land or the species or number of livestock kept on the land. (3) The operator of a livestock saleyard or abattoir, a stock agent or other person who has, in the opinion of the Chief Inspector, a legitimate interest in information as to the PIC applying to particular land and any associated pig tattoo code may, on payment of the fee set out in Schedule 3, obtain an extract from the register of the PIC, associated pig tattoo code and land details. (4) The Chief Inspector may make information in the register available— (a) to the NLIS database manager for the purposes of the database; or (b) to South Australia Police, South Australian Country Fire Service or South Australian State Emergency Service; or (c) to a regional landscape board for the purposes of the performance of functions under the Landscape South Australia Act 2019 relating to the containment of livestock; or (d) to an agency or instrumentality of another State or a Territory of the Commonwealth for the purposes of the administration of a corresponding law; or (e) otherwise for the purposes of the administration of the Act or these regulations. 59—Change of address A responsible person for an identification code must, within 14 days after changing his or her postal address, notify the Chief Inspector of the change in writing. Maximum penalty: $250. Expiation fee: $80.