Div 3Emu farming under section 60C permit

Division 3—Emu farming under section 60C permit 43—Conditions of emu farming permits (1) A section 60C permit that is a class 12 permit is subject to the following conditions in addition to any conditions imposed by the Act or the Minister: (a) that the holder of the permit must not acquire an emu, or the egg of an emu, in the course of carrying on the business of farming emus, from a person who does not hold a class 12 permit; (b) that the holder of the permit must not sell an emu, or the egg of an emu, from premises other than premises approved by the Director; (c) that the holder of the permit must not sell a live emu or live emu egg to a person who does not hold a class 12 permit; (d) that the holder of the permit must comply with the requirements of the emu code of management relating to fencing, gates and emu handling facilities and must maintain fences, gates and handling facilities in accordance with those requirements in a proper state of repair; (e) that the holder of the permit must not send an emu for slaughter to an abattoir or slaughterhouse unless— (i) the abattoir or slaughterhouse has been approved for that purpose by the Director; and (ii) the holder of the permit has been issued with an emu tag in relation to the emu by the Director; and (iii) the holder of the permit has taken all reasonable steps to ensure that the tag is delivered to the person in charge of the abattoir or slaughterhouse when the emu is delivered; (f) that the holder of the permit must not slaughter an emu, or cause an emu to be slaughtered, on the holder's property without the approval of the Director; (g) that the holder of the permit must, if an emu is slaughtered or dies in any other manner on the holder's property, attach an emu tag (issued to the permit holder by the Director) to the skin of the emu in the manner provided by these regulations before the skin leaves the property; (h) that the holder of the permit must comply with regulation 44 insofar as that regulation is applicable to the holder. (2) The Director may waive compliance by the holder of the permit with a condition imposed by subregulation (1). (3) An application for the approval of additional premises for the purposes of the condition in subregulation (1)(b) must be accompanied by the prescribed fee. (4) In this regulation— class 12 permit, in subregulation (1)(a) and (c), means— (a) a section 60C permit that is a class 12 permit; or (b) a corresponding permit or licence under the law of another State or a Territory of the Commonwealth; emu code of management means the code of management for the time being adopted under section 60D of the Act in relation to emu farming. 44—Emu tags (1) The Director may issue tags or other devices (emu tags) for attachment to the skins of emus in accordance with these regulations. (2) A person must not sell or supply an emu tag to another person except in accordance with these regulations or, in the case of a tag attached to an emu skin, when selling or supplying the skin to another person. (3) The person in charge of an abattoir or slaughterhouse at which an emu is slaughtered must ensure that an emu tag issued by the Director for that purpose is attached to the skin of the emu in the manner provided by these regulations as soon as is practicable after the emu is slaughtered. (4) A person must not remove, or attempt to remove, an emu tag from the skin of an emu unless— (a) the person carries on a business of tanning or dealing in skins pursuant to a section 58 permit that is a class 8 permit and removes, or attempts to remove, the tag in the course of carrying on that business; or (b) the person is authorised to do so by the Director. (5) A person who removes an emu tag from an emu skin must ensure that letters, numbers or other identifying marks on, or forming part of, the tag are preserved. (6) A person who removes an emu tag from an emu skin pursuant to subregulation (4) must— (a) keep the tag for at least 12 months after removal unless the Director authorises its earlier destruction or disposal; and (b) produce the tag for inspection by a warden on request. (7) A person who has possession of an emu tag that has not yet been attached to the skin of an emu or that has been removed from an emu skin and is being kept in accordance with subregulation (6) must— (a) keep it in a place that is secure against theft, loss or damage; and (b) if it is stolen, lost or damaged, notify the Director of the identity of the tag as soon as is practicable. (8) An emu tag must be attached to the skin of an emu in the manner specified by the Director on issue of the tag. (9) A person must not alter or damage an emu tag— (a) that has not been attached to a skin; or (b) that has been attached to a skin but has not been removed from the skin; or (c) that has been removed from a skin but must be kept in accordance with these regulations. (10) A holder of a section 60C permit that is a class 12 permit, or a person acting in the employment or with the authority of the holder of such a permit, who contravenes or fails to comply with a provision of this regulation will not be taken to be guilty of an offence against that provision. Under regulation 43 it is a condition of a section 60C permit that the holder of the permit comply with regulation 44. If the permit holder, or a person acting in the employment or with the authority of the holder, fails to comply with regulation 44, then the holder will be in breach of a condition of the permit and the offence in section 70A of the Act will apply.