Subdiv 6Miscellaneous

Subdivision 6—Miscellaneous 71X—Identification of animal at abattoir must be possible until fitness for human consumption assessed The operator of an abattoir must ensure that the abattoir has in place post‑slaughter procedures approved by the Chief Inspector that will enable the determination, at any time until an assessment is made of the fitness for human consumption of the carcass of a sheep, farmed goat or harvested rangeland goat, of— (a) in the case of an animal that was moved direct to the abattoir from land on which it was pastured—the prescribed movement details relating to the movement of the animal to the abattoir; or (b) in the case of an animal that was moved direct to the abattoir from a livestock saleyard to which it had been consigned for sale and at which it was kept for a period not exceeding 7 days—the prescribed movement details relating to the movement of the animal to the saleyard. 71Y—False or misleading statements under this Division A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any details required to be provided under this Division. Division 2—Identification and tracking of pigs 72—Application of Division This Division applies only in relation to pigs. 72A—Interpretation (1) In this Division, unless the contrary intention appears— business day means a day that is not a Saturday, Sunday or public holiday; default deceased PIC, in relation to a saleyard, means the PIC allocated to the saleyard for the purpose of registering dead pigs at the saleyard; default export PIC, in relation to a port for live export, means the PIC allocated to the port for the purpose of registering the export of pigs from the port; land of pasture, in relation to a pig, means the land on which the pig is being pastured, or if it is not being pastured on land, the land on which it was most recently pastured; movement documentation, in relation to the movement of pigs—see regulation 72B; pig database means the database approved by the Chief Inspector that contains information relating to the identification and tracking of pigs; pig database manager means the person designated for the time being by the Chief Inspector by notice in the Gazette as the pig database manager for the purposes of this Division; prescribed movement details, in relation to the movement of pigs—see regulation 72C; responsible stock agent—see regulation 72G(1)(a)(iii)(C). (2) In this Division, a reference to the movement of a pig from its land of pasture includes a reference to the movement of the pig from interstate. 72B—Movement documentation (1) For the purposes of this Division, movement documentation in relation to the movement of pigs must comprise— (a) in the case of the movement of pigs for the purposes of their sale— (i) a copy of the completed national vendor declaration in relation to the pigs; or (ii) a document containing the following details: (A) the prescribed movement details in relation to the movement of the pigs; (B) the breed or other description (eg gender or age) of the pigs; (C) the time of the movement (dispatch and arrival); (D) the address of the land of dispatch; (E) the name (including any trading name) of the owner of the pigs; (F) the name, address, telephone number and signature of the person completing the document; or (b) in any other case—a document containing the details required under paragraph (a)(ii). (2) If, under this Division, a person is required to provide movement documentation— (a) that person; and (b) the person to whom the movement documentation is required to be provided, must keep a copy of the documentation for at least 3 years. 72C—Prescribed movement details For the purposes of this Division, the prescribed movement details, in relation to the movement of pigs, are— (a) the number of pigs in the consignment being moved; and (b) the date of the movement (dispatch and arrival); and (c) the PIC of the land of dispatch, and, if the pigs are identified by a tattoo, the pig tattoo code associated with the PIC of that land; and (d) the PIC of the destination land (if known); and (e) if the pigs were bred on the land of dispatch—that fact; and (f) if the pigs were not bred on the land of dispatch— (i) the length of time the pigs were pastured on the land of dispatch; and (ii) the PIC of the land on which they were bred, or, if the pigs are identified by a tattoo, the pig tattoo associated with the PIC of the land on which they were bred. 72D—Uploading information to pig database (1) For the purposes of this Division, a requirement to upload information to the pig database will be taken to include— (a) a requirement to upload the information in a manner and form approved by the Chief Inspector; and (b) a requirement to keep a record, in a manner and form approved by the Chief Inspector, of a confirmation of the receipt of that information into the pig database; and (c) a requirement to keep a record of the details so uploaded for at least 3 years. (2) A person who uploads information to the pig database under this Division must, as soon as practicable after discovering an error or omission in information in the database— (a) if the error or omission was caused by the person—upload the correct or complete information to the database; or (b) in any other case—notify the pig database manager of the error or omission. 72E—False or misleading statements under this Division A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any details required to be provided under this Division. (a) if the person made the statement knowing that it was false or misleading: (b) in any other case: Subdivision 2—Identification and tracking of pigs 72F—Identification of pigs (1) For the purposes of this Division (but subject to this regulation), a pig will not be taken to be identified in accordance with this regulation unless it can be associated with its land of pasture as follows: (a) if the pig was bred on that land— (i) it has a tattoo on its left shoulder, displaying, in clearly legible characters (in paste or ink approved by the Chief Inspector), the pig tattoo code associated with a current PIC of the land; or (ii) it has, in its left ear, an NLIS breeder identification tag of a kind approved by the Chief Inspector; (b) in any other case— (i) it has a tattoo on its right shoulder (or, if there is no available space on its right shoulder due to previous tattoos, on such space as is available first on the right rump of the pig followed by the left rump) displaying, in clearly legible characters (in paste or ink approved by the Chief Inspector), the pig tattoo code associated with a current PIC of the land; or (ii) it has, in its right ear, an NLIS post‑breeder identification tag of a kind approved by the Chief Inspector. (2) A person must not— (a) mark the shoulder of a pig with a tattoo except for the purposes of its identification in accordance with this regulation; or (b) apply a tattoo to a piglet that is not weaned; or (c) apply a tattoo to a weaned piglet weighing under 25kg except by means of a tattoo applicator approved by the Chief Inspector; or (d) remove a tattoo from the shoulder of a pig except in accordance with an authorisation by the Chief Inspector under regulation 5. (3) The owner or person responsible for the management of a pig must not move the animal from land on which it is being pastured unless the animal is identified in accordance with this regulation. (4) Subregulation (3) does not apply— (a) in relation to a piglet that has not been weaned and is removed from its land of pasture with its mother; or (b) in circumstances of an emergency (for example, a bushfire or other emergency) where there is insufficient time to tag or tattoo the pig, provided that— (i) the owner or person responsible for the management of the pig, within 7 days of its movement, provides the Chief Inspector with a document containing the prescribed movement details in relation to the pig and the name, address, telephone number and signature of the person who completed the document; and (ii) if the pig is not returned to its land of pasture (or land with the same PIC as the land of pasture) within 7 days after the emergency, the pig is identified in accordance with this regulation. (5) The following requirements apply in relation to a pig that is normally identified with a tag in accordance with this regulation but whose tag is subsequently lost, damaged or found to be incorrectly marked: (a) in the case of a pig at a livestock saleyard—the person responsible for the management of the pig at the saleyard must— (i) ensure that, before the pig is sold at the saleyard— (A) a tattoo allocated to the saleyard is applied to the pig in a manner approved by the Chief Inspector; or (B) an emergency NLIS post-breeder identification tag of a kind approved by the Chief Inspector is attached to its right ear; and (ii) upload the details of the action taken under subparagraph (i) to the pig database within 2 business days; (b) in the case of a pig at an abattoir—the operator of the abattoir and the person responsible for the management, slaughter or processing of the pig must ensure that the pig is not slaughtered or processed unless satisfied that the pig has been identified (by movement documentation or in some other manner approved by the Chief Inspector). 72G—Tracking requirements (1) The following requirements (tracking requirements) apply in relation to the movement of pigs in the following circumstances: (a) movement of pigs from land of pasture to a saleyard for sale by a stock agent— (i) the owner or person responsible for the management of the pigs must ensure that movement documentation in relation to the movement accompanies the pigs during the movement and is given to the stock agent for the vendor; and (ii) the stock agent for the vendor must give a copy of the movement documentation to the operator of the saleyard on arrival of the pigs at the saleyard; and (iii) the operator of the saleyard must, for each consignment of pigs sold at the saleyard, update the pig database as follows: (A) for consignments going direct to an abattoir—the PIC of the abattoir and the number of pigs in the consignment must be uploaded before the end of the day of sale; (B) for consignments going direct to any other destination land (other than their return to the previous land of pasture)— • the prescribed movement details in relation to the movement to the saleyard; and • the PIC of the destination land (if known), must be uploaded within 2 business days of the sale; (C) for consignments where the PIC of the destination land is not known— • the prescribed movement details in relation to the movement to the saleyard; and • the PIC of the responsible stock agent (being the stock agent acting for the purchaser or, if no such person is acting for the purchaser, the stock agent acting for the vendor), must be uploaded within 2 business days of the sale of the pigs or their movement from the saleyard (whichever occurs sooner); (D) for pigs not sold at the saleyard and returning to their previous land of pasture—the number of pigs being returned and the PIC of the land of pasture must be uploaded within 2 business days of the movement of the pigs from the saleyard; and (iv) if a stock agent's PIC is uploaded under subparagraph (iii)(C), the operator of the saleyard must notify the stock agent of that fact as soon as reasonably practicable; and (v) if the PIC of a stock agent for a purchaser was uploaded under subparagraph (iii)(C), the stock agent for the purchaser must— (A) upload the prescribed movement details for the pigs to the pig database within 7 business days of their movement to the destination land, or, in the case of their movement to an abattoir, before their slaughter; and (B) at the same time, notify the purchaser of the pigs in writing of the PIC of the destination land; and (vi) if the PIC of a stock agent for a vendor was uploaded under subparagraph (iii)(C) (because no stock agent was acting for the purchaser), the stock agent for the vendor must upload the prescribed movement details for the pigs to the pig database within 2 business days of the movement of the pigs to the destination land, or, in the case of their movement to an abattoir, before their slaughter; and (vii) if a pig is dead on arrival at a saleyard or dies at a saleyard, the operator of the saleyard must upload the saleyard's default deceased PIC in relation to the pig to the pig database within 2 business days of the pig's disposal at, or removal from, the saleyard; (b) movement of pigs from a saleyard direct to an abattoir—the responsible stock agent must ensure that— (i) movement documentation in relation to the movement accompanies the pigs during their movement and is given to the person responsible for the management of the pigs at the abattoir, and the operator of the abattoir, by the end of the day of sale; or (ii) movement documentation in relation to the movement is received by the persons referred to in paragraph (i) before the arrival of the pigs at the abattoir; (c) movement of pigs from a saleyard direct to land of pasture or other destination land—the responsible stock agent must ensure that— (i) movement documentation in relation to the movement accompanies the pigs during their movement and is given to the purchaser or the person responsible for the management of the pigs following their movement, within 2 business days of the sale; or (ii) movement documentation in relation to the movement is sent separately to the persons referred to in paragraph (i), provided that the documentation arrives before the pigs; or (iii) within 2 business days of the movement— (A) movement documentation in relation to the movement is uploaded to the pig database; and (B) the purchaser or the person responsible for the management of the pigs following their movement is notified of that upload; (d) movement of pigs from land of pasture direct to an abattoir—the owner or person responsible for the management of the pigs must ensure that movement documentation in relation to the movement accompanies the pigs during their movement and is given to— (i) the purchaser or person responsible for the management of the pigs following their movement; and (ii) the operator of the abattoir; (e) movement of pigs from land of pasture direct to land of pasture with different PIC but no change of ownership of pigs—the owner or person responsible for the management of the pigs must, within 2 business days of their movement, upload to the pig database the prescribed movement details in relation to the movement; (f) movement of pigs from land of pasture direct to land of pasture with different PIC following their sale— (i) the owner or person responsible for the management of the pigs must ensure that movement documentation in relation to the movement accompanies the pigs during their movement and is given to the purchaser or person responsible for the management of the pigs following their movement; and (ii) the purchaser or person responsible for the management of pigs following their arrival at the land of pasture must, within 2 business days after their arrival, upload to the pig database the prescribed movement details in relation to the movement; (g) movement of pigs from land of pasture direct to prescribed premises— (i) the owner or person responsible for the management of the pigs must ensure that movement documentation in relation to the movement accompanies the pigs during their movement and is given to the operator of the prescribed premises; and (ii) the operator of the prescribed premises must upload the prescribed movement details in relation to the pigs to the pig database within 2 business days after their arrival at the premises; (h) movement (including return) of pigs from prescribed premises or any other land of dispatch (other than saleyard or land of pasture) direct to land of pasture— (i) the person responsible for the management of the pigs at the prescribed premises must ensure that movement documentation in relation to the movement accompanies the pigs during their movement and is given to the person responsible for the management of the pigs following their movement; and (ii) the person responsible for the management of pigs following their arrival at the land of pasture must, within 2 business days, upload to the pig database the prescribed movement details in relation to the movement; (i) movement of pigs from prescribed premises direct to prescribed premises with different PIC— (i) the person responsible for the management of the pigs at the prescribed premises (first-mentioned) must ensure that movement documentation in relation to the movement accompanies the pigs during their movement and is given to— (A) the person responsible for the management of the pigs following their movement; and (B) the operator of the prescribed premises (second-mentioned); and (ii) the person responsible for the management of pigs following their arrival at the prescribed premises (second-mentioned) must, within 2 business days after their arrival, upload the prescribed movement details in relation to the movement; (j) movement of pigs from live export depot to port for live export—the operator of the live export depot must, within 2 business days of the movement, upload to the pig database— (i) the prescribed movement details in relation to the movement; and (ii) the port's default export PIC in relation to the pigs; (k) after pigs are moved to an abattoir— (i) the operator of the abattoir or the person responsible for the management of the pigs at the abattoir must ensure that, while at the abattoir, the pigs are kept in the same group as that in which they were consigned to the abattoir; and (ii) the operator of the abattoir must— (A) within 2 business days after the slaughter of the pigs—upload to the pig database the prescribed movement details in relation to the movement and the date of slaughter of the pigs; and (B) ensure that all the prescribed movement details in relation to the movement of the pigs from their land of pasture to the abattoir (including any movement via a saleyard or other intermediary destination land) are kept available for inspection until an assessment is made of the fitness for human consumption of the carcass of the pigs. (2) The following provisions apply for the purposes of enabling compliance by a person with a tracking requirement under subregulation (1): (a) a person selling or purchasing an animal through a stock agent must provide the stock agent with sufficient information for the stock agent to be able to comply with the tracking requirement; (b) any other person who is involved in the management of a pig before, during or after its movement must provide a person who is subject to a tracking requirement in respect of that movement with sufficient information for that person to be able to comply with the tracking requirement; (c) a person to whom paragraph (a) or (b) applies must not, without good reason, refuse a reasonable request for information by a person who is subject to a tracking requirement. (3) It is not a defence to a charge of an offence against this regulation of failing to provide a PIC to establish that a PIC had not previously been allocated in respect of the land or person concerned. Division 3—Identification of deer 73—Identification of deer A person who keeps deer must ensure that deer are not removed from land on which they are kept unless attached to the ear of each animal is an identification tag that bears the identification code of the land from which it is removed. 74—Removal of livestock in contravention of this Part (1) If an inspector suspects on reasonable grounds that a person has removed, or is about to remove, livestock from property in contravention of this Part, the inspector may— (a) require the owner or person in charge of the animals to— (i) muster them at or take them to a specified place convenient for inspecting or attaching identification tags to the animals; (ii) attach PIDs or eIDs (as the case requires) or identification tags to animals found not to be tagged or otherwise identified in accordance with this Part; (iii) detain the animals at a specified place, or return the animals to the place from which they have been removed, until they are tagged or otherwise identified in accordance with this Part; and (b) if the owner or person in charge refuses or fails to comply with such a requirement, take the action required to be taken, with or without assistance. (2) The Minister may recover costs and expenses reasonably incurred by an inspector under subregulation (1)(b) by action in a court of competent jurisdiction as a debt owed by the person of whom the requirement was made. 75—Types of devices A person must only attach to, or insert in, an animal a PID or eID (as the case requires) of the following kind: (a) if the device is to be attached to or inserted in the animal on the property on which the animal was born—a device of a kind approved by the Chief Inspector as a breeder device; or (b) in any other case—a device of a kind approved by the Chief Inspector as a post‑breeder device. 76—Authorisation of manufacturers and recyclers The Chief Inspector may, in accordance with regulation 5, authorise a person— (a) to manufacture identification tags, PIDs or eIDs for the purposes of this Part; or (b) to recycle PIDs or eIDs for the purposes of this Part. 77—Supply of tags and devices An authorised manufacturer or authorised recycler— (a) may only supply identification tags, PIDs or eIDs to persons on receipt of an order form validated in a manner approved by the Chief Inspector; and (b) must keep records of the persons to whom the tags or devices are supplied and the number and type of tags or devices supplied in respect of each identification code. 78—Animal must not have more than 1 PID or eID (1) A person must not attach to or insert in an animal a PID if the animal already has a PID attached to or inserted in it. (1a) A person must not attach to or insert in a sheep or farmed goat an eID if the animal already has an eID attached to it. (2) This regulation does not apply to the attachment of a PID that is a post‑breeder device to an animal— (a) in accordance with regulation 75(b); or (b) as a replacement for any non‑functioning PID. (3) This regulation does not apply to the attachment of an eID (whether a breeder or post‑breeder device) to an animal as a replacement for any non‑functioning eID. 78A—No other form of electronic identification to be fitted to sheep or farmed goats (1) The owner or person responsible for the management of a sheep or farmed goat that is identified with an eID must, before removing the animal from land on which it is pastured, remove any other device (not being an eID) containing a microchip that is attached to or inserted in the animal. (2) The owner or person responsible for the management of a sheep or farmed goat that is identified with an eID must not attach to or insert in the animal any other device containing a microchip. (3) A person who contravenes subregulation (1) or (2) is guilty of an offence. (4) Subregulations (1) and (2) apply in relation to a device whether the device is functioning or non‑functioning. 79—PIDs, eIDs and tags must bear correct information (1) If a person attaches to or inserts in an animal a PID, eID, or a tag, that bears an identification code of land other than— (a) the land on which the animal is then pastured; or (b) a livestock saleyard to which the animal has been consigned for sale and is then kept, the owner of the animal and any person who caused the PID, eID or tag to be so attached or inserted are each guilty of an offence. (2) If a person attaches a tag to an animal indicating that the animal has a PID or eID inserted in it and the animal does not have a PID or eID inserted in it, the owner of the animal and any person who caused the tag to be so attached are each guilty of an offence. 80—Removal and disposal of PIDs and eIDs (1) A person must not remove a PID or eID from an animal. (2) Subregulation (1) does not apply— (a) to an inspector or a person acting in the course of his or her duties at an abattoir; or (b) to the removal of a non‑functioning PID or eID before its replacement with a functioning PID or eID; or (c) to the removal of a PID in accordance with regulation 78A(1). (3) The operator of an abattoir must ensure that all PIDs and eIDs removed from animals at the abattoir are, on a regular basis and in any event at least monthly— (a) destroyed; or (b) sent to an authorised recycler. (4) Any other person who has possession of a PID or eID in circumstances in which the person is not entitled to use the PID or eID for the purposes of this Part must deal with or dispose of the PID or eID in a manner approved by the Chief Inspector. 81—Replacement of lost devices other than at livestock saleyards (1) If— (a) an animal has a PID or eID attached to or inserted in it; and (b) the device is subsequently lost; and (c) a replacement PID or eID is then attached to or inserted in the animal, the person who attaches or inserts the replacement device must keep records which will enable the replacement device to be identified. (2) A person must keep records required under subregulation (1) in relation to an animal for not less than 2 years after the date on which the animal dies or is otherwise disposed of by the person. (3) This regulation does not apply in relation to a replacement PID or eID attached to an animal at a livestock saleyard under regulation 65. 82—Offence to alter or deface tags and devices A person must not alter or deface an identification tag, PID or eID that is attached to or inserted in an animal. 83—Signing of vendor declarations (1) A person must not sign a vendor declaration in connection with the sale or proposed sale of livestock unless the person is, or was immediately before the sale or consignment of the livestock for sale— (a) the owner of the livestock; or (b) a person responsible for the husbandry of the livestock authorised by the owner to do so. (2) However, subregulation (1) does not apply in relation to a vendor declaration relating to harvested rangeland goats. 84—False or misleading vendor declarations A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in a vendor declaration. 85—Chief Inspector may authorise acts otherwise prohibited under this Part The Chief Inspector may authorise (in accordance with regulation 5) an act or activity that would otherwise be prohibited under this Part. 86—Records kept under this Part A person who is required to keep a record under this Part must, at the request of an inspector or other person authorised in writing by the Chief Inspector, produce the record for inspection.