Stock Act 2005 (ACT)

This Act establishes a statutory framework for the regulation of stock in the Australian Capital Territory. Mechanically the Act does the following.

Creates a stock-levy regime for occupiers of leased land that permits stock. The Minister may determine stock units and levy-per-unit (s 6), the director-general may determine the stock-carrying capacity of leased land (s 7), and the Minister may set a minimum stock levy (s 7A). An occupier of leased land permitting stock is liable for a stock levy for each financial year (s 8). The occupier must lodge a return within seven days after the end of the financial year (s 9) and will receive a written notice of the levy amount from the director-general (s 10), with payment due within 90 days after the notice (s 11). Unpaid levies are treated as a covenant in the lease and otherwise recoverable as a debt (s 12).
Establishes and maintains separate registers for small and large stock marks (s 13), and a registration process for earmarks and permanent brands (ss 14-17). Registration confers exclusive use on the registered owner (s 17). The director-general issues certificates, may cancel registrations for specified reasons (s 19), and may correct the registers (s 20). The Act creates criminal offences for unauthorised use of registered marks or earmarks and for unlawful alteration or cutting of earmarks (ss 21, 22, 25, 26).
Regulates travelling stock. The Act defines statutory NLIS requirements and travel (s 26A), provides for permits to travel stock (s 27), allows the director-general to grant exemptions while requiring consideration of relevant Animal Welfare Act codes (s 28), and makes it an offence to travel stock without a permit except in limited circumstances such as compliance with NLIS requirements or veterinary travel (s 29). A person in charge of travelling stock must produce a permit when required (s 30) and travel by the most direct reasonable route (s 31).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Stock Act 2005 A2005-19 Republication No 12 Effective: 5 January 2026 Republication date: 5 January 2026 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Stock Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 5 January 2026. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R12 05/01/26 Stock Act 2005 Effective: 05/01/26 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Stock Act 2005 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 2 Part 2 Stock levy 6 Stock units and levy amount 3 7 Stock-carrying capacity 3 7A Minimum stock levy 3 8 Occupier to pay stock levy 3 9 Returns for stock levy 4 10 Stock levy notice 4 11 Person to pay levy 4 12 Unpaid stock levy 5

Contents Page contents 2 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Marks 13 Registers 6 14 Application for registration of mark 6 15 Further information for registration application 6 16 Decision about registration of mark approval 6 17 Effect of registration 7 18 Use of registered mark by personal representative 7 19 Cancellation of registered mark 8 20 Correction of register 8 21 Unauthorised use of mark 8 22 Use of earmark 9 24 Earmarking—stock kept for fleece etc 9 25 Cutting, alteration etc of earmark 9 26 Placement of permanent brands 10 Part 4 Travelling stock 26A Definitions—pt 4 11 27 Application for permit 11 28 Director-general may exempt travel 11 29 Offence to travel stock without permit 11 30 Production of permit 12 31 Movement of travelling stock 13 Part 5 Impounding stock 32 Meaning of impound and impoundment area—pt 5 14 33 Director-general may impound trespassing stock 14 34 Occupier may impound trespassing stock 14 35 Person to tell owner and director-general about impounded stock 15 36 Director-general may impound stock impounded by someone else 15 37 Notice of impounded stock 16 38 Release of impounded stock 16 39 Disposing of impounded stock 17 40 Application of the proceeds of impound sales 18 41 Application for release of impounded stock 18 42 Offence—allowing stock to trespass 19

Contents Page R12 05/01/26 Stock Act 2005 Effective: 05/01/26 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 43 Offences relating to impounded stock 19 44 Part does not affect other rights 19 Part 6 Enforcement Division 6.1 General 45 Definitions for pt 6 20 Division 6.2 Authorised people 46 Appointment of authorised people 20 47 Identity cards 21 Division 6.3 Powers of authorised people 48 Power to enter premises 21 49 Production of identity card 22 50 Consent to entry 22 51 General powers on entry to premises 24 52 Power to require name and address 24 53 Power to seize things 25 Division 6.4 Search warrants 54 Warrants generally 26 55 Warrants—application made other than in person 27 56 Search warrants—announcement before entry 29 57 Details of search warrant to be given to occupier etc 29 58 Occupier entitled to be present during search etc 30 Division 6.5 Return and forfeiture of things seized 59 Receipt for things seized 30 60 Moving things to another place for examination or processing under search warrant 31 61 Access to things seized 32 62 Return of things seized 32 Division 6.6 Miscellaneous 63 Damage etc to be minimised 33 64 Compensation for exercise of enforcement powers 34 Part 7 Notification and review of decisions 65 Meaning of reviewable decision—pt 7 35

Contents Page contents 4 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 66 Reviewable decision notices 35 66A Applications for review 35 Part 8 Miscellaneous 67 References to particular animals 36 68 Determination of fees 36 69 Approved forms 36 70 Regulation-making power 36 Schedule 1 Reviewable decisions 37 Dictionary 38 Endnotes 1 About the endnotes 41 2 Abbreviation key 41 3 Legislation history 42 4 Amendment history 44 5 Earlier republications 48

R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Stock Act 2005 An Act about stock, and for other purposes

Part 1 Preliminary Section 1 page 2 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Stock Act 2005. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘impound, for part 5 (Impounding stock)—see section 32.’ means that the term ‘impound’ is defined in that section for part 5. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Stock levy Part 2 Section 6 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Stock levy 6 Stock units and levy amount (1) The Minister may determine— (a) for each kind of stock, the number of animals making up a stock unit; and (b) the levy amount per stock unit. (2) A determination is a disallowable instrument. 7 Stock-carrying capacity (1) The director-general may determine the stock-carrying capacity, in stock units, of land held under a lease permitting the carrying of stock. (2) A determination is a notifiable instrument. 7A Minimum stock levy (1) The Minister may determine a minimum stock levy (a minimum stock levy). (2) A determination is a disallowable instrument. 8 Occupier to pay stock levy (1) This section applies to a person who, in a financial year, is the occupier of land held under a lease permitting the carrying of stock. (2) A levy (stock levy) is payable for the financial year by the person. (3) The stock levy is the greater of the following: (a) the amount worked out as follows— ; (b) the minimum stock levy (if any).365 DO SCCUL 

Part 2 Stock levy Section 9 page 4 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: DO means the number of days in the financial year when the person is the occupier of the land. SCC means the stock-carrying capacity of the land determined under section 7. UL means the levy amount determined under section 6 per stock unit. 9 Returns for stock levy (1) If a person is liable to pay stock levy under this part for a financial year, the person must give the director-general a return for the levy for the financial year within 7 days after the end of the year. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 10 Stock levy notice As soon as practicable after the end of a financial year, the director-general must give written notice to a person liable to pay stock levy under this part for the year of the amount of stock levy payable. 11 Person to pay levy (1) A person liable to pay stock levy under this part for a financial year must pay the levy to the Territory within 90 days after the day the person receives notice under section 10 for the year. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence.

Stock levy Part 2 Section 12 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Unpaid stock levy (1) A lease permitting the carrying of stock on land is taken to include a covenant by the occupier of the land to pay stock levy payable in relation to the land. (2) This section does not limit any right of the Territory to recover any amount of unpaid stock levy as a debt.

Part 3 Marks Section 13 page 6 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Marks 13 Registers The director-general must keep— (a) a register of small stock marks; and (b) a register of large stock marks. 14 Application for registration of mark A person may apply, in writing, to the director-general for the registration of a mark. 15 Further information for registration application (1) The director-general may ask the applicant to give the director-general additional information or a document that the director-general reasonably needs to decide the application. (2) If the applicant does not comply with a requirement under subsection (1), the director-general may refuse to consider the application further. 16 Decision about registration of mark approval (1) If the director-general receives an application to register a mark, the director-general must— (a) register the mark; or (b) refuse to register the mark. (2) The director-general must not register a mark if— (a) the design of a mark registered under this Act— (i) is the same as the design of the mark; or (ii) might be confused with the design of the mark; or

Marks Part 3 Section 17 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iii) may easily be changed to resemble the design of the mark; or (b) the design and proposed method of application of the mark is not suitable for its purpose; or (c) for a mark that is a permanent brand—the mark contains an alphanumeric or symbolic character that is— (i) less than 35mm or more than 75mm in height; and (ii) located less than 10mm from another character. (3) If the director-general registers a mark, the director-general must— (a) give the applicant a certificate of registration of the mark; and (b) enter the mark in the appropriate stock register. 17 Effect of registration (1) If a mark is registered under section 16, the applicant for registration is the registered owner of the mark. (2) The registered owner of a mark is entitled to exclusive use of the mark. 18 Use of registered mark by personal representative (1) This section applies if a person who is the registered owner of a mark dies. (2) The person’s personal representative is taken to be the registered owner of the mark until the distribution of the part of the person’s estate that includes stock bearing the mark is finalised. (3) As soon as practicable after the distribution of that part of the estate is finalised, the personal representative must tell the director-general that the part of the person’s estate has been distributed.

Part 3 Marks Section 19 page 8 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Cancellation of registered mark The director-general may cancel the registration of a mark— (a) if the director-general is satisfied, on reasonable grounds, that— (i) the mark is not in use, or needed for use, by its registered owner; or (ii) the registration was obtained by fraud or misrepresentation; or (b) if the registered owner asks the director-general to cancel the registration; or (c) if the registered owner is a corporation—on the winding-up of the corporation. 20 Correction of register The director-general may correct a mistake, error or omission in a register. 21 Unauthorised use of mark (1) A person commits an offence if the person— (a) applies a registered mark to stock; and (b) is not— (i) the registered owner of the mark; or (ii) acting with the permission of the owner. Maximum penalty: 50 penalty units. (2) A person commits an offence if the person— (a) applies a registered mark to stock; and (b) is not— (i) the owner of the stock; or

Marks Part 3 Section 22 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) acting with the permission of the owner. Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. 22 Use of earmark (1) A person commits an offence if the person— (a) earmarks stock with a registered mark; and (b) does not have the director-general’s approval to earmark the stock. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. 24 Earmarking—stock kept for fleece etc (1) The owner of large stock kept for the commercial value of its fleece or hide may apply, in writing, to the director-general for approval to place an earmark on the stock. (2) The director-general must give the approval if satisfied that the stock is kept for the commercial value of its fleece or hide. 25 Cutting, alteration etc of earmark (1) A person commits an offence if— (a) in earmarking stock, the person cuts off more than ¼ of the ear; or (b) the person alters or destroys a stock earmark. Maximum penalty: 50 penalty units.

Part 3 Marks Section 26 page 10 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person commits an offence if— (a) for male or desexed stock—the person earmarks the right ear; or (b) for female stock—the person earmarks the left ear. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. 26 Placement of permanent brands (1) A person commits an offence if the person applies a permanent brand to large stock in a way that contravenes a regulation. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence.

Travelling stock Part 4 Section 26A R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Travelling stock 26A Definitions—pt 4 In this part: NLIS requirements means the requirements prescribed by regulation under the Biosecurity Act 2023 that give effect to the national livestock identification system for identifying and tracing stock for the purpose of disease control, food safety and market access. travel, in relation to stock, means drive or transport the stock (other than in a vehicle) outside the holding where the stock is normally kept. 27 Application for permit A person may apply, in writing, to the director-general for a permit. 28 Director-general may exempt travel (1) The director-general may, on application or on their own initiative, exempt a circumstance of travel from a provision of this part. (2) In making an exemption, the director-general must consider the requirements of any relevant code of practice under the Animal Welfare Act 1992, section 22 or section 23. (3) An exemption is a disallowable instrument. 29 Offence to travel stock without permit (1) A person commits an offence if the person— (a) travels stock; and (b) does not have a permit to travel the stock— (i) issued by the director-general; or (ii) issued under a corresponding law. Maximum penalty: 50 penalty units.

Part 4 Travelling stock Section 30 page 12 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) This section does not apply to a person if— (a) the stock is restrained by the person; or Example a person walking a horse using a halter and lead (b) the person travels the stock in a way that complies with an NLIS requirement that applies to the stock; or (c) the person travels the stock to or from a veterinary practitioner. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) An offence against this section is a strict liability offence. (4) In this section: corresponding law means— (a) a law of a State regulating stock; or (b) a law prescribed by regulation as a corresponding law for this definition. 30 Production of permit (1) A person in charge of travelling stock commits an offence if— (a) the person is travelling stock; and (b) the person is required to have a permit to travel the stock under section 29; and (c) any of the following people asks the person to produce the permit to travel the stock: (i) an authorised person; (ii) a police officer; (iii) the occupier of land where the stock is travelling; and (d) the person does not produce the permit. Maximum penalty: 5 penalty units.

Travelling stock Part 4 Section 31 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) This section does not apply to a person if— (a) the person travels the stock in a way that complies with an NLIS requirement that applies to the stock; or (b) the person travels the stock to or from a veterinary practitioner. (3) An offence against this section is a strict liability offence. (4) A person need not comply with a request under subsection (1) by an authorised person if the authorised person does not produce his or her identity card when asked by the person. 31 Movement of travelling stock A person in charge of travelling stock must travel the stock by the most direct route reasonable in the circumstances. Maximum penalty: 10 penalty units.

Part 5 Impounding stock Section 32 page 14 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Impounding stock 32 Meaning of impound and impoundment area—pt 5 In this part: impound—stock is impounded if it is— (a) seized and secured; or (b) seized and transported to an impoundment area to be secured. impoundment area means— (a) Territory premises; or (b) land owned or controlled by the Territory; or (c) any other land if the owner or occupier of the land consents. 33 Director-general may impound trespassing stock (1) The director-general may impound stock that is— (a) on unleased land; or (b) uncontrolled on a road. (2) Subsection (1) (a) does not apply to stock if— (a) a person has a licence from the Territory or the Commonwealth to keep stock on the land; and (b) the stock is owned by the person or is on the land with the person’s permission. 34 Occupier may impound trespassing stock (1) An occupier of land may impound stock that is trespassing on the land. (2) The occupier may return the stock to its owner, whether by sending the stock to a convenient place near land occupied by the owner or otherwise.

Impounding stock Part 5 Section 35 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 35 Person to tell owner and director-general about impounded stock (1) If a person other than the director-general impounds stock, the person must— (a) take reasonable steps to identify the owner of the stock; and (b) if the owner is identified— (i) tell the owner that the stock has been impounded; and (ii) ask the owner to remove the stock. Example for par (a) an earmark or brand on the stock may be used to identify the owner (2) The person must tell the director-general that the stock has been impounded if— (a) the owner of the stock is not identified; or (b) the owner is identified and does not remove the stock within 24 hours after being asked to remove the stock. 36 Director-general may impound stock impounded by someone else (1) This section applies if the director-general is told that an occupier of land has impounded stock. (2) The director-general may impound the stock. (3) However, the director-general may agree with the occupier of the land that the stock, although impounded by the director-general, remain on the occupier’s land.

Part 5 Impounding stock Section 37 page 16 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 37 Notice of impounded stock (1) This section applies if the director-general impounds stock. (2) The director-general must— (a) take reasonable steps to identify the owner of the stock; and (b) if the owner is identified, give the owner written notice stating— (i) that the stock has been impounded; and (ii) the location of the stock; and (iii) the fees payable for maintaining or travelling the stock; and (iv) that the stock must be claimed within 14 days after the day the notice is issued; and (v) that if the stock is not claimed within the 14-day period, the director-general may dispose of the stock in accordance with section 39; and (c) if the owner is not identified—give public notice of the information mentioned in paragraph (b). Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). 38 Release of impounded stock (1) The director-general must release impounded stock to a person if— (a) the director-general is satisfied that the person is the owner of the stock; and (b) the person has paid the fees payable for maintaining or travelling the stock. (2) Fees payable for maintaining impounded stock are payable to— (a) for any period when the director-general maintains the stock— the Territory; and

Impounding stock Part 5 Section 39 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) for any period when someone else maintains the stock—the person. (3) Fees payable for travelling impounded stock are payable to— (a) if the director-general travels the stock—the Territory; and (b) if someone else who has impounded the stock travels the stock—the person. 39 Disposing of impounded stock (1) This section applies if— (a) stock is impounded by the director-general; and (b) the director-general gives notice as required under section 37 (2) in relation to the impounded stock; and (c) the impounded stock is not released to the owner under section 38 (1) within 14 days after the day the notice was given. (2) The director-general may— (a) sell the stock by public auction; or (b) if it is not practicable or desirable because of cost, animal welfare or any other reason to sell the stock by public auction— sell the stock in another way; or (c) if the stock cannot be sold, or if it is not practicable or desirable because of cost, animal welfare or any other reason to sell the stock—destroy or dispose of the stock in any other way the director-general considers appropriate. Note Under the Animal Welfare Act 1992, s 86 a veterinary surgeon may destroy an animal humanely if, due to severe injury, disease or its physical condition, it would be cruel to keep the animal alive. (3) If stock is sold under subsection (2) (b), the director-general must take reasonable steps to obtain the best price possible in the circumstances.

Part 5 Impounding stock Section 40 page 18 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 40 Application of the proceeds of impound sales (1) The proceeds of sale of impounded stock must be applied as follows: (a) first, to the expenses of the sale; (b) second, to any amount payable for maintaining or travelling the stock; (c) the balance to the owner of the stock. (2) If an amount is to be applied under this section to a person other than the Territory, the director-general must take reasonable steps to tell the person about the amount as soon as practicable after the day of sale. (3) If an amount to be applied under this section is not claimed within 1 year after the day of sale, it becomes public money of the Territory. (4) Any amount payable to a person or the Territory for maintaining or travelling the stock that exceeds the amount applied under subsection (1) (b) is recoverable from the owner of the stock as a debt to the person or the Territory. 41 Application for release of impounded stock (1) The owner of stock may apply to the Magistrates Court for an order for— (a) the release of the stock; or (b) damages suffered by the owner because of the impounding. (2) The court may make any order it considers appropriate in relation to the stock if the court is satisfied that the impounding was not in accordance with this part or that an amount paid by the owner under this part was excessive.

Impounding stock Part 5 Section 42 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Without limiting subsection (2), an order for damages may include an amount paid by the owner for the release of the stock. Examples 1 maintenance fees 2 travelling fees 42 Offence—allowing stock to trespass A person commits an offence if— (a) the person engages in conduct reckless about whether stock may trespass; and (b) as a result of the conduct, stock trespasses. Maximum penalty: 10 penalty units. 43 Offences relating to impounded stock (1) A person commits an offence if the person releases or interferes with impounded stock. Maximum penalty: 10 penalty units. (2) A person commits an offence if the person damages a fence or other structure securing impounded stock. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. 44 Part does not affect other rights This part does not affect any right that a person may have to recover damages or compensation apart from this part.

Part 6 Enforcement Division 6.1 General Section 45 page 20 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Enforcement Division 6.1 General 45 Definitions for pt 6 In this part: connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used to commit the offence. occupier, of premises, includes— (a) a person believed, on reasonable grounds, to be an occupier of the premises; and (b) a person apparently in charge of the premises. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed. Division 6.2 Authorised people 46 Appointment of authorised people The director-general may appoint a public servant to be an authorised person for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Enforcement Part 6 Powers of authorised people Division 6.3 Section 47 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 47 Identity cards (1) The director-general must give an authorised person an identity card stating the person’s name and that the person is an authorised person. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if— (a) the person stops being an authorised person; and (b) the person does not return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence. Division 6.3 Powers of authorised people 48 Power to enter premises (1) For this Act, an authorised person may— (a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or (b) at any time, enter premises with the occupier’s consent; or (c) enter premises in accordance with a search warrant.

Part 6 Enforcement Division 6.3 Powers of authorised people Section 49 page 22 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) For the purpose of checking the accuracy of a return under section 9 (Returns for stock levy), an authorised person may, at any reasonable time, enter premises if the authorised person believes, on reasonable grounds, that there is stock, or any documents relevant to the return at the premises. (3) However, subsection (1) (a) or (2) does not authorise entry into a part of premises that is being used only for residential purposes. (4) An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises. (5) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge. (6) In this section: at any reasonable time includes at any time— (a) for subsection (1) (a)—when the public is entitled to use the premises, or when the premises are open to or used by the public (whether or not on payment of money); and (b) for subsection (2)—during normal business hours. 49 Production of identity card An authorised person must not remain at premises entered under this part if the authorised person does not produce his or her identity card when asked by the occupier. 50 Consent to entry (1) When seeking the consent of an occupier of premises to enter premises under section 48 (1) (b), an authorised person must— (a) produce his or her identity card; and

Enforcement Part 6 Powers of authorised people Division 6.3 Section 50 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (3) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.

Part 6 Enforcement Division 6.3 Powers of authorised people Section 51 page 24 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 51 General powers on entry to premises (1) An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything on the premises: (a) inspect or examine; (b) take measurements or conduct tests; (c) take samples; (d) take photographs, films, or audio, video or other recordings; (e) require the occupier, or anyone at the premises, to give the authorised person reasonable help to exercise a power under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (e). Maximum penalty: 50 penalty units. 52 Power to require name and address (1) An authorised person may require a person to state the person’s name and home address if the authorised person believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The authorised person must tell the person the reason for the requirement and, as soon as practicable, record the reason. (3) The person may ask the authorised person to produce his or her identity card for inspection by the person.

Enforcement Part 6 Powers of authorised people Division 6.3 Section 53 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person must comply with a requirement made of the person under subsection (1) if the authorised person— (a) tells the person the reason for the requirement; and (b) complies with any request made by the person under subsection (3). Maximum penalty: 10 penalty units. (5) An offence against this section is a strict liability offence. 53 Power to seize things (1) An authorised person who enters premises under this part with the occupier’s consent may seize anything at the premises if— (a) the authorised person is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (2) An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant. (3) An authorised person who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied, on reasonable grounds, that— (a) the thing is connected with an offence against this Act; and (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence.

Part 6 Enforcement Division 6.4 Search warrants Section 54 page 26 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Having seized a thing, an authorised person may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (5) A person commits an offence if— (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (4); and (b) the person does not have an authorised person’s approval to interfere with the thing. Maximum penalty: 50 penalty units. (6) An offence against this section is a strict liability offence. Division 6.4 Search warrants 54 Warrants generally (1) An authorised person may apply to a magistrate for a warrant to enter premises. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence against this Act; and

Enforcement Part 6 Search warrants Division 6.4 Section 55 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the thing or activity— (i) is, or is being engaged in, at the premises; or (ii) may be, or may be engaged in, at the premises within the next 14 days. (5) The warrant must state— (a) that an authorised person may, with any necessary assistance and force, enter the premises and exercise the authorised person’s powers under this part; and (b) the offence for which the warrant is sought; and (c) the thing that may be seized under the warrant; and (d) the hours when the premises may be entered; and (e) the date, within 14 days after the day of the warrant’s issue, the warrant ends. 55 Warrants—application made other than in person (1) An authorised person may apply for a warrant by phone, fax, radio or other form of communication if the authorised person considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately provide a written copy to the authorised person if it is practicable to do so.

Part 6 Enforcement Division 6.4 Search warrants Section 55 page 28 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If it is not practicable to provide a written copy to the authorised person— (a) the magistrate must— (i) tell the authorised person the terms of the warrant; and (ii) tell the authorised person the date and time the warrant was issued; and (b) the authorised person must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person’s powers under this part. (7) The authorised person must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the authorised person completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find that a power exercised by the authorised person was not authorised by a warrant under this section if— (a) the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section.

Enforcement Part 6 Search warrants Division 6.4 Section 56 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 56 Search warrants—announcement before entry (1) An authorised person must, before anyone enters premises under a search warrant— (a) announce that the authorised person is authorised to enter the premises; and (b) give anyone at the premises an opportunity to allow entry to the premises; and (c) if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify himself or herself to the person. (2) The authorised person is not required to comply with subsection (1) if the authorised person believes, on reasonable grounds, that immediate entry to the premises is required to ensure— (a) the safety of anyone (including the authorised person or a person assisting); or (b) that the effective execution of the warrant is not frustrated. 57 Details of search warrant to be given to occupier etc If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the authorised person or a person assisting must make available to the person— (a) a copy of the warrant; and (b) a document setting out the rights and obligations of the person.

Part 6 Enforcement Division 6.5 Return and forfeiture of things seized Section 58 page 30 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 58 Occupier entitled to be present during search etc (1) If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted. (2) However, the person is not entitled to observe the search if— (a) to do so would impede the search; or (b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time. Division 6.5 Return and forfeiture of things seized 59 Receipt for things seized (1) As soon as practicable after an authorised person seizes a thing under this part, the authorised person must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must leave the receipt, secured conspicuously, at the place of seizure under section 53 (Power to seize things). (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the authorised person’s name, and how to contact the authorised person; (d) if the thing is moved from the place of seizure—where the thing is to be taken.

Enforcement Part 6 Return and forfeiture of things seized Division 6.5 Section 60 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 60 Moving things to another place for examination or processing under search warrant (1) A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates; (ii) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises agrees in writing. (2) The thing may be moved to another place for examination or processing for no longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the authorised person believes, on reasonable grounds, that the thing cannot be examined or processed within 72 hours. (4) The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. (5) If a thing is moved to another place under this section, the authorised person must, if practicable— (a) tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the occupier or the occupier’s representative to be present during the examination or processing.

Part 6 Enforcement Division 6.5 Return and forfeiture of things seized Section 61 page 32 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section. 61 Access to things seized A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may— (a) inspect it; and (b) if it is a document—take extracts from it or make copies of it. 62 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid by the Territory to the owner for the loss of the thing, if— (a) an infringement notice for an offence relating to the thing is not served on the owner within 90 days after the day of the seizure and— (i) a prosecution for an offence relating to the thing is not begun within the 90-day period; or (ii) a prosecution for an offence relating to the thing is begun within the 90-day period but the court does not find the offence proved; or (b) an infringement notice for an offence relating to the thing is served on the owner within 90 days after the day of the seizure, the infringement notice is withdrawn and— (i) a prosecution for an offence relating to the thing is not begun within the 90-day period; or (ii) a prosecution for an offence relating to the thing is begun within the 90-day period but the court does not find the offence proved; or

Enforcement Part 6 Miscellaneous Division 6.6 Section 63 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 90 days after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and— (i) an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under section 132 that liability is disputed; or (ii) an information is laid in the Magistrates Court against the person for the offence within the 60-day period, but the Magistrates Court does not find the offence proved. (2) If anything seized under this part is not required to be returned or reasonable compensation is not required to be paid under subsection (1), the thing— (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of as the director-general directs. Division 6.6 Miscellaneous 63 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take all reasonable steps to ensure that the authorised person, and a person assisting, causes as little inconvenience, detriment and damage as practicable. (2) If an authorised person, or a person assisting, damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes, on reasonable grounds, is the owner of the thing.

Part 6 Enforcement Division 6.6 Miscellaneous Section 64 page 34 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises. 64 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person or a person assisting an authorised person. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

Notification and review of decisions Part 7 Section 65 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Notification and review of decisions 65 Meaning of reviewable decision—pt 7 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 66 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 66A Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Part 8 Miscellaneous Section 67 page 36 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Miscellaneous 67 References to particular animals In this Act, a reference to an animal of a particular kind is a reference to an animal of that kind irrespective of age or sex. 68 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument. 69 Approved forms (1) The Minister may approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. 70 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to the destruction of trespassing stock. (3) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

Reviewable decisions Schedule 1 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 7) column 1 item column 2 section column 3 decision column 4 entity 1 7 determine stock carrying capacity of land lessee of land to which determination relates 2 16 refuse to register mark applicant for registration 3 19 cancel registered mark person who held registration 4 24 refuse to give approval to earmark large stock applicant for approval

Dictionary page 38 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • contravene • director-general (see s 163) • exercise • financial year • function • home address • public servant • reviewable decision notice • State • veterinary practitioner. at premises includes in or on the premises. authorised person means an authorised person under section 46. bovine means any animal of the bovine group of animals within the bovidae family. Examples of bovine 1 bison (genus Bison bison) 2 Brahman (genus Bos indicus) 3 buffalo (genus Bubalus bubalis) 4 Hereford (genus Bos taurus) Note A reference to an animal of a particular kind is a reference to an animal of that kind irrespective of age or sex (see s 67). camelid means a member of the family Camelidae other than a vicuna or a guanaco. Note Camelidae includes camels, alpacas and llamas. connected, for part 6 (Enforcement)—see section 45.

Dictionary R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au earmark means a shape cut into the ear of an animal. engage in conduct means— (a) do an act; or (b) fail to do an act. equine means a horse, donkey, mule or hinny. Note A reference to an animal of a particular kind is a reference to an animal of that kind irrespective of age or sex (see s 67). holding means any parcel or parcels of land worked as a single property, whether held under the same or different titles. impound, for part 5 (Impounding stock)—see section 32. impoundment area, for part 5 (Impounding stock)—see section 32. large stock means an equine, bovine, camelid or any other animal declared by regulation to be large stock. maintenance fee, for impounded stock, means the fee determined under section 68 for maintaining the stock. mark means an earmark or permanent brand. minimum stock levy—see section 7A. NLIS requirements, for part 4 (Travelling stock)—see section 26A. occupier, of premises, for part 6 (Enforcement)—see section 45. offence, for part 6 (Enforcement)—see section 45. owner, of stock, includes a person who is in control of the stock for the owner. premises includes land or a structure or vehicle and any part of an area of land or a structure or vehicle. permanent brand means a mark made on the skin of an animal by burning or freezing. permit means a permit to travel stock.

Dictionary page 40 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au register means a register of stock marks kept under section 13. registered mark means a mark registered under section 16. registered owner, of a mark—see section 17. reviewable decision, for part 7 (Notification and review of decisions)—see section 65. road means any road, street, lane, thoroughfare or footpath open to, or used by, the public. small stock means a sheep, goat, pig, or any other animal declared by regulation to be small stock. stock means large stock or small stock. stock levy—see section 8. stock unit means a stock unit determined under section 6. travel— (a) for this Act generally—in relation to stock, means drive or transport the stock outside the holding where the stock is normally kept; and (b) for part 4 (Travelling stock)—see section 26A. travelling fee, for impounded stock, means the fee determined under section 68 for travelling the stock. vehicle— (a) see the Road Transport (General) Act 1999, dictionary; and (b) includes a boat or aircraft.

Endnotes About the endnotes 1 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 42 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Stock Act 2005 A2005-19 notified LR 13 April 2005 s 1, s 2 commenced 13 April 2005 (LA s 75 (1)) remainder commenced 26 August 2005 (s 2 and CN2005-13) as amended by ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.95 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.95 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.70 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.70 commenced 17 December 2009 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.142 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.142 commenced 1 July 2011 (s 2 (1)) Territory and Municipal Services Legislation Amendment Act 2013 A2013-42 sch 1 pt 1.4 notified LR 6 November 2013 s 1, s 2 commenced 6 November 2013 (LA s 75 (1)) sch 1 pt 1.4 commenced 7 November 2013 (s 2) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.61 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.61 commenced 14 October 2015 (s 2)

Endnotes Legislation history 3 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Stock Amendment Act 2018 A2018-29 notified LR 15 August 2018 s 1, s 2 commenced 15 August 2018 (LA s 75 (1)) remainder commenced 16 August 2018 (s 2) Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.35 notified LR 25 September 2018 s 1, s 2 commenced 25 September 2018 (LA s 75 (1)) sch 1 pt 1.35 commenced 23 October 2018 (s 2 (4)) Planning and Environment Legislation Amendment Act 2019 A2019-20 pt 7 notified LR 8 August 2019 s 1, s 2 commenced 8 August 2019 (LA s 75 (1)) pt 7 commenced 9 August 2019 (s 2) Biosecurity Legislation Amendment Act 2024 A2024-11 sch 1 pt 1.2 notified LR 19 April 2024 s 1, s 2 commenced 19 April 2024 (LA s 75 (1)) sch 1 pt 1.2 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.168 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.168 commenced 5 January 2026 (s 2 (8))

Endnotes 4 Amendment history page 44 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Stock units and levy amount s 6 am A2013-42 amdt 1.32; A2025-29 amdt 4.169 Stock-carrying capacity s 7 am A2011-22 amdt 1.408, A2013-42 amdt 1.33; A2025-29 amdt 4.169 Minimum stock levy s 7A ins A2013-42 amdt 1.34 am A2025-29 amdt 4.169 Occupier to pay stock levy s 8 am A2013-42 amdt 1.35, amdt 1.36 Returns for stock levy s 9 am A2011-22 amdt 1.408; A2025-29 amdt 4.169 Stock levy notice s 10 am A2011-22 amdt 1.408 Registers s 13 am A2011-22 amdt 1.408 Application for registration of mark s 14 am A2011-22 amdt 1.408; A2025-29 amdt 4.169 Further information for registration application s 15 am A2011-22 amdt 1.408 Decision about registration of mark approval s 16 am A2011-22 amdt 1.408; A2025-29 amdt 4.169 Use of registered mark by personal representative s 18 am A2011-22 amdt 1.408 Cancellation of registered mark s 19 am A2011-22 amdt 1.408 Correction of register s 20 am A2011-22 amdt 1.408 Use of earmark s 22 hdg sub A2024-11 amdt 1.6 s 22 am A2011-22 amdt 1.405; A2024-11 amdt 1.7 Use of earmark—certain small stock s 23 om A2024-11 amdt 1.8 Earmarking—stock kept for fleece etc s 24 am A2011-22 amdt 1.408; A2025-29 amdt 4.169

Endnotes Amendment history 4 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Definitions—pt 4 s 26A ins A2018-29 s 4 sub A2024-11 amdt 1.9 def NLIS requirements ins A2024-11 amdt 1.9 def travel ins A2024-11 amdt 1.9 Application for permit s 27 am A2011-22 amdt 1.408; A2025-29 amdt 4.169 Director-general may exempt travel s 28 am A2011-22 amdt 1.408 om A2018-29 s 5 ins A2024-11 amdt 1.10 Offence to travel stock without permit s 29 am A2011-22 amdt 1.408; A2018-29 s 6; A2024-11 amdt 1.11 Production of permit s 30 am A2018-29 s 7; pars renum R8 LA; A2024-11 amdt 1.12; ss renum R11 LA Meaning of impound and impoundment area—pt 5 s 32 sub A2018-29 s 8 Director-general may impound trespassing stock s 33 hdg sub A2011-22 amdt 1.406 s 33 am A2011-22 amdt 1.406; A2025-29 amdt 4.169 Occupier may impound trespassing stock s 34 am A2025-29 amdt 4.169 Person to tell owner and director-general about impounded stock s 35 hdg am A2011-22 amdt 1.408 s 35 am A2011-22 amdt 1.408 Director-general may impound stock impounded by someone else s 36 hdg am A2011-22 amdt 1.408 s 36 am A2011-22 amdt 1.408; A2025-29 amdt 4.169 Notice of impounded stock s 37 am A2011-22 amdt 1.408; A2015-33 amdt 1.216; A2018-29 s 9 Release of impounded stock s 38 am A2011-22 amdt 1.408 Disposing of impounded stock s 39 am A2011-22 amdt 1.408 sub A2018-29 s 10 am A2019-20 s 22 Application of the proceeds of impound sales s 40 am A2011-22 amdt 1.408

Endnotes 4 Amendment history page 46 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Appointment of authorised people s 46 am A2011-22 amdt 1.408 Identity cards s 47 am A2011-22 amdt 1.408 Power to require name and address s 52 am A2009-49 amdt 3.182 Warrants—application made other than in person s 55 am A2018-33 amdt 1.67, amdt 1.68 Return of things seized s 62 am A2011-22 amdt 1.408 Notification and review of decisions pt 7 hdg sub A2008-37 amdt 1.444 Meaning of reviewable decision—pt 7 s 65 sub A2008-37 amdt 1.444 Reviewable decision notices s 66 sub A2008-37 amdt 1.444 am A2025-29 amdt 4.169 Applications for review s 66A ins A2008-37 amdt 1.444 am A2025-29 amdt 4.169 Determination of fees s 68 am A2013-42 amdt 1.37; A2025-29 amdt 4.169 Approved forms s 69 am A2013-42 amdt 1.38; A2025-29 amdt 4.169 Regulation-making power s 70 am A2025-29 amdt 4.169 Transitional pt 9 hdg exp 26 August 2007 (s 75) Definitions for pt 9 s 71 exp 26 August 2007 (s 75) Register under repealed Act s 72 exp 26 August 2007 (s 75) Travelling stock permits made under repealed Act s 73 exp 26 August 2007 (s 75) Transitional regulations s 74 exp 26 August 2007 (s 75) Expiry of pt 9 s 75 exp 26 August 2007 (s 75)

Endnotes Amendment history 4 R12 05/01/26 Stock Act 2005 Effective: 05/01/26 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Consequential amendments and repeals pt 10 hdg om LA s 89 (3) Legislation repealed s 76 om LA s 89 (3) Legislation amended—sch 1 s 77 om LA s 89 (3) Reviewable decisions sch 1 om LA s 89 (3) ins A2008-37 amdt 1.445 Dictionary dict am A2008-37 amdt 1.446; A2009-49 amdt 3.183; A2011-22 amdt 1.407; A2024-11 amdt 1.13 def camelid ins A2024-11 amdt 1.14 def impoundment area ins A2018-29 s 11 def large stock am A2024-11 amdt 1.15 def minimum stock levy ins A2013-42 amdt 1.39 def NLIS requirements ins A2024-11 amdt 1.16 def reviewable decision sub A2008-37 amdt 1.447 def travel sub A2018-29 s 12

Endnotes 5 Earlier republications page 48 Stock Act 2005 Effective: 05/01/26 R12 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 26 Aug 2005 26 Aug 2005— 26 Aug 2007 not amended new Act R2 27 Aug 2007 27 Aug 2007– 1 Feb 2009 not amended commenced expiry R3 2 Feb 2009 2 Feb 2009– 16 Dec 2009 A2008-37 amendments by A2008-37 R4 17 Dec 2009 17 Dec 2009– 30 June 2011 A2009-49 amendments by A2009-49 R5 1 July 2011 1 July 2011– 6 Nov 2013 A2011-22 amendments by A2011-22 R6 7 Nov 2013 7 Nov 2013– 13 Oct 2015 A2013-42 amendments by A2013-42 R7 14 Oct 2015 14 Oct 2015– 15 Aug 2018 A2015-33 amendments by A2015-33 R8 16 Aug 2018 16 Aug 2018– 22 Oct 2018 A2018-29 amendments by A2018-29 R9 23 Oct 2018 23 Oct 2018– 8 Aug 2019 A2018-33 amendments by A2018-33 R10 9 Aug 2019 9 Aug 2019– 14 May 2025 A2019-20 amendments by A2019-20 R11 15 May 2025 15 May 2025– 4 Jan 2026 A2024-11 amendments by A2024-11

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au © Australian Capital Territory 2026

The Act deploys a concise set of statutory concepts that allocate risk, duties and administrative discretion. Key definitions are in the Dictionary and in specific parts such as s 26A.

Stock and classification. “Stock” is defined to mean large stock or small stock (Dictionary). “Large stock” is defined to include equine, bovine, camelid or any other animal declared by regulation to be large stock (Dictionary). “Small stock” is defined to include sheep, goat, pig or any other animal declared by regulation to be small stock (Dictionary). The regulation power to declare additional animals changes the scope of the Act’s classifications (s 70 and Definitions).
Stock unit and carrying capacity. The Minister determines stock units for each kind of stock and the levy amount per stock unit (s 6). The director-general may determine the stock-carrying capacity of leased land in stock units (s 7). Those two determinations are the inputs to the levy calculation that makes occupiers liable under s 8.
Levy concepts. The Act uses several levy constructs. The Minister sets units and unit price (s 6), the director-general assesses carrying capacity for a lease (s 7), and a minimum stock levy may be set by the Minister (s 7A). Occupiers of land held under a lease permitting stock are the persons liable (s 8). Returns and payment timing are specified (ss 9-11). Unpaid levy becomes a covenant in the lease (s 12).
Marks, earmarks and permanent brands. “Mark” means an earmark or permanent brand (Dictionary). The director-general keeps registers for small stock marks and large stock marks (s 13). Registration confers exclusive use (s 17). A permanent brand is a mark made by burning or freezing the animal’s skin (Dictionary). The Act regulates dimensions and spacing for brand characters (s 16(2)(c)) and requires director-general approval to earmark stock in some circumstances (s 24). Earmark means a shape cut into the ear (Dictionary) and the Act restricts ear cutting and which ear may be cut depending on sex or desexing (s 25).
Travelling stock and NLIS. The Act defines travel and, specifically in part 4, includes the definition “NLIS requirements” to mean the requirements prescribed under the Biosecurity Act 2023 that give effect to the national livestock identification system for identifying and tracing stock (s 26A). The Act makes travelling without a permit an offence unless the movement complies with NLIS requirements or is otherwise exempted (ss 29-30). The director-general may grant exemptions and must consider Animal Welfare Act codes (s 28(2)).
Impoundment and disposal. “Impound” and “impoundment area” are defined for part 5 (s 32). The director-general or an occupier may impound stock under prescribed conditions (ss 33-34). The Act prescribes notification obligations, claim periods, fees, release conditions and sale/disposal processes (ss 35-40). Proceeds have specified priorities and unclaimed balances become Territory public money after one year (s 40).
Enforcement architecture. Authorised persons are public servants appointed by the director-general (s 46). They receive identity cards (s 47), may enter premises in defined circumstances (s 48), must follow consent and ID procedures (s 50), may seize things connected with offences (s 53), and may apply for warrants (s 54). Procedural protections for warrants, availability of records and return or forfeiture rules are set out (ss 54-64). The Act also contains a compensation head for those who suffer loss because of the exercise or purported exercise of enforcement powers (s 64).
Reviewable decisions. Schedule 1 lists decisions subject to ACAT review, including determinations of stock-carrying capacity (s 7), refusal to register marks (s 16), cancellation of registered marks (s 19), and refusal to approve earmarking under s 24. Review notices and application rights are provided in pt 7 (ss 65-66A).

These concepts structure who can act, who must pay, who can register proprietary marks on animals, the circumstances in which stock can be moved or impounded, and the enforcement levers available to the Territory. The Act repeatedly ties decision-making to ministerial or director-general instruments flagged as disallowable or notifiable, which means those instruments are subject to parliamentary scrutiny mechanisms set out in the Legislation Act as referenced in ss 6-7 and s 68.

Identify the concrete stakeholders and how the Act assigns duties, discretion and costs to each.

Occupiers of leased land permitting stock. The occupier is the person liable to pay the stock levy for a financial year when the land is leased and permits carrying of stock (s 8). That occupier must supply a return after the year (s 9), pay the levy within 90 days after notice (s 11) and is taken to have covenanted to pay unpaid levies under the lease (s 12). For lessees of land with stock-carrying capacity determinations under s 7, schedule 1 identifies the lessee as the entity entitled to review that determination.
Registered owners of marks, applicants for registration, and other users of marks. Applicants may apply for registration (s 14). Registration confers exclusive use (s 17) and the registered owner can request cancellation or may be subject to cancellation by the director-general for non-use, fraud or corporation winding up (s 19). Persons who apply registered marks to stock without being the registered owner or acting with permission commit an offence (s 21). Owners of stock are protected against others earmarking their stock without permission (s 21(2)).
Stock owners and controllers. The Act defines “owner” to include a person in control of the stock (Dictionary). Owners face consequences if their stock trespasses because the Act makes it an offence to engage in reckless conduct about whether stock may trespass, with a maximum penalty (s 42). Owners also have rights to claim impounded stock, to pay fees for release, and to seek Magistrates Court orders for release or damages if impounding was improper (s 41).
Persons travelling stock, stock carriers and transporters. Persons in charge of travelling stock must have a permit unless falling within specified exceptions such as compliance with NLIS requirements (ss 29-30). They must produce permits on request by authorised persons, police or the occupier on whose land the stock is travelling (s 30). They must travel by the most direct reasonable route (s 31).
Director-general and Minister. The Minister sets stock unit definitions and levy amounts and may determine minimum levies (ss 6, 7A). The director-general makes stock-carrying capacity determinations (s 7), keeps registers and issues certificates (ss 13-17), grants permits and exemptions for travelling stock (ss 27-28), impounds stock and disposes of impounded stock (pts 5 and 6), appoints authorised persons (s 46) and exercises other administrative functions. The instrument types for determinations are specified as disallowable or notifiable, which places procedural constraints on executive action (ss 6-7, 7A).
Authorised persons and public servants. The director-general appoints authorised public servants and issues identity cards (ss 46-47). These authorised persons exercise entry, inspection, seizure and warrant powers, and are subject to duties to minimise damage, provide receipts, and follow warrant procedures (ss 48-64).
Occupiers who impound trespassing stock. Private occupiers may impound stock trespassing on their land and can return stock to owners or ask the director-general to impound the stock formally (s 34). If occupiers impound, they must try to identify the owner and notify either the owner or the director-general in specified circumstances (s 35). Someone who releases or interferes with impounded stock without authorisation commits an offence (s 43).
Courts and tribunals. The Magistrates Court has jurisdiction over applications for release and claims for damages arising from impounding (s 41). Schedule 1 and s 66A give ACAT standing to review specified decisions, and s 66 requires reviewable decision notices for such decisions.
Persons affected by enforcement action. The Act provides compensation for loss or expense because of the exercise or purported exercise of enforcement powers (s 64). The Act also provides for receipts and return pathways when things are seized, and for forfeiture where return conditions are not met (s 62).

Financial and administrative burdens flow to occupiers and owners who must prepare returns, pay levies and fees, register marks and comply with permit and identification regimes. Decision-making power is concentrated in the Minister and the director-general for determinations and operational implementation. Authorised people have significant operational powers that can affect private premises and property. The Act intersects with national and Territory instruments for traceability and animal welfare, which adds cross-institutional compliance obligations for businesses that handle stock.

This section lists concrete statutory duties imposed on regulated actors and the rights the Act creates or preserves. Citations indicate where each duty or right is located.

Duties imposed on occupiers and owners

Furnish a return for stock levy within seven days after the end of the financial year if liable (s 9). Failure attracts a maximum penalty and is a strict liability offence (s 9).
Pay the stock levy within 90 days after receiving the director-general’s notice (s 11). Non-payment attracts a maximum penalty and is a strict liability offence (s 11). Unpaid levies are taken to be covenants in the lease and may otherwise be recovered as debt (s 12).
If stock trespasses, occupiers and owners must take steps to prevent trespass; engaging in reckless conduct where stock may trespass is an offence (s 42).

Duties relating to marks and earmarks

Applicants for registration must provide required information and comply with requests for further information; failure may lead the director-general to refuse to consider an application (s 15).
Persons must not apply registered marks to stock unless they are the registered owner or acting with the owner’s permission; this is an offence carrying a maximum of 50 penalty units (s 21).
Persons earmarking stock need the director-general’s approval where required (s 22), and must not cut off more than a quarter of an ear or earmark the incorrect ear depending on sex or desexing (s 25).

Duties when travelling stock

Persons who travel stock must hold a permit unless an exemption applies, such as complying with NLIS requirements or travelling to or from a veterinary practitioner (s 29(2)). Travelling without a permit is an offence (s 29).
Produce the travel permit on request by an authorised person, police officer, or the occupier of land where stock is travelling; failure to produce attracts a penalty (s 30).
Travel by the most direct reasonable route in the circumstances (s 31).

Duties on persons who impound stock

Persons other than the director-general who impound stock must take reasonable steps to identify the owner, inform the owner if identified and ask the owner to remove the stock, and tell the director-general where the owner is not identified or the owner does not remove the stock within 24 hours (s 35).

Duties on authorised persons

Produce identity cards when seeking consent to enter and return cards when appointment ceases (ss 47, 50).
Give occupiers certain information and seek written acknowledgment of consent where entry is by consent (s 50).
When entering under a warrant, announce authority and give opportunity for entry where practicable; may enter immediately in specified safety or execution circumstances (s 56).
Minimise damage and give notice of damage if damage occurs in the exercise of functions (s 63).

Rights created or preserved

Registered owner of a mark is entitled to exclusive use of the mark and receives a certificate of registration (ss 16(3), 17).
Owners of impounded stock are entitled to written notice when the director-general impounds stock, to release on payment of fees, to reclaim balances from sale proceeds, and to apply to the Magistrates Court for release or damages where impounding was not in accordance with the part or amounts were excessive (ss 37-41).
Persons may seek compensation from the Territory for loss or expense resulting from enforcement actions; courts may order reasonable compensation where it is just (s 64).
Where a person is aggrieved by a reviewable decision listed in schedule 1, the person or any other person whose interests are affected may apply to ACAT for review (s 66A and schedule 1).
Persons from whom things are seized are entitled to receipts and various access rights to seized items unless return is required under specified procedural timelines (ss 59, 61-62).

Procedural safeguards and evidential design

Many offences under the Act are expressly strict liability (for example, ss 9, 11, 21, 22, 25, 26, 29, 30, 31, 43), which affects evidential burdens under the Criminal Code as applied to the Act (s 5, notes). The Act prescribes explicit procedural protections in consented entry situations; an acknowledgement of consent must be produced in evidence to support a claim of consent (s 50(4)).
Warrant procedures require magistrate satisfaction on reasonable grounds, describe the information that must appear on the warrant, set a 14-day life for warrants and allow remote applications in urgent or special circumstances with follow-up documentation requirements (ss 54-55).

These duties and rights allocate regulatory obligations to land occupiers, stock owners, transporters and authorised officials, while providing administrative appeal routes and compensation pathways for those affected by enforcement action. The Act combines private enforcement levers (repossession and seizure by occupiers), administrative state enforcement and judicial review pathways.

The Act establishes a tiered penalty and enforcement regime that mixes administrative fines, strict liability offences and criminal processes coupled to procedural safeguards for entry, seizure and return of property. This section summarises the core enforcement tools and penalty levels as set out in the Act.

Penalty framework and unit values

The Act lists multiple offences with maximum penalties expressed in penalty units. The republication preface states that, at the republication date, a penalty unit value is $160 for an individual and $810 for a corporation; that is to be read in conjunction with the Legislation Act (prefatory note). Specific maximum penalties are set within provisions as follows.

Selected offences and maximum penalties

Unauthorised application of a registered mark to stock: maximum 50 penalty units (s 21(1)); applying a registered mark to stock without being the owner or acting with permission also 50 penalty units (s 21(2)). These are strict liability offences (s 21(3)).
Unauthorised earmarking without director-general approval: maximum 50 penalty units, strict liability (s 22).
Cutting off more than one quarter of an ear or altering/destroying earmark: maximum 50 penalty units; incorrect ear for male/desexed or female stock: maximum 10 penalty units. Offences are strict liability (s 25).
Misplacement of permanent brands contrary to regulation: maximum 10 penalty units, strict liability (s 26).
Travelling stock without a permit: maximum 50 penalty units; strict liability (s 29(1),(3)).
Failure to produce a permit when required: maximum 5 penalty units (s 30(1)).
Failure to travel by the most direct reasonable route: maximum 10 penalty units (s 31).
Allowing stock to trespass through reckless conduct: maximum 10 penalty units (s 42).
Releasing or interfering with impounded stock, damaging fences securing impounded stock: maximum 10 penalty units; strict liability (s 43).
Failure to return identity card upon ceasing as authorised person: maximum 1 penalty unit, strict liability (s 47(3)-(4)).
Requirement to comply with authorised-person’s request for reasonable help: maximum 50 penalty units (s 51(1)(e) and s 51(2)).
Interfering with a seized thing to which access has been restricted: maximum 50 penalty units (s 53(5)).

Enforcement tools and procedures

Appointment and identity. The director-general appoints authorised persons (s 46) and issues identity cards with photograph and expiry date (s 47). An authorised person must produce identity on request and cannot remain on premises without doing so (s 49).
Entry powers. Authorised persons may enter premises open to the public at reasonable times, enter with consent at any time, or enter under a search warrant (s 48). For the purpose of checking the accuracy of returns under s 9, authorised persons may enter premises where stock or relevant documents are believed to be located, subject to limits on purely residential parts (s 49(2)-(3)).
Consent procedures. When seeking consent to enter premises, authorised persons must identify themselves, describe the purpose, explain evidential uses of seized material, and record consent in a signed acknowledgement which must be provided to the occupier (s 50). The absence of an acknowledgment of consent in evidence can rule out consent in court (s 50(4)).
Seizure, removal and retention. Authorised persons may seize items connected with an offence where the seizure is consistent with the purpose of entry (s 53(1)), or under a warrant (s 53(2)). Seizure may be necessary to prevent concealment, loss, destruction or further offences (s 53(3)). Seized items may be removed or access restricted (s 53(4)). Receipts must be provided for seized things and if not practicable, left conspicuously (s 59). Key return criteria for seized items are provided in s 62, including 90-day timelines and rules for disputing infringement notices that affect return requirements.
Warrants and remote applications. Warrants require a sworn application and magistrate satisfaction on reasonable grounds (s 54). Warrant applications may be made by phone or other communication in urgent or special circumstances, subject to specified follow-up documentation and procedural safeguards (s 55).
Disposal of impounded stock. The director-general may sell impounded stock by auction, or by other means where auction is impracticable due to cost, animal welfare or other reasons, or destroy or otherwise dispose if stock cannot be sold (s 39). Proceeds of sale are applied to sale expenses, maintenance/travelling fees, and the balance to the owner; unclaimed balances after one year become Territory public money (s 40).

Compensation and limits on state action

Persons who suffer loss or expense because of the exercise or purported exercise of functions under part 6 may claim compensation from the Territory; courts may order reasonable compensation where it is just (s 64). Regulations may prescribe matters to be taken into account regarding compensation (s 64(4)).

Design features that affect enforcement practice

Frequent use of strict liability offences changes evidential burdens; the Criminal Code’s general provisions apply to offences under the Act (s 5 note). Strict liability will require the defendant to raise an evidential burden on matters designated in the Act, with legal consequences.
Instrument classification. Many substantive measures such as stock units, levy amounts and some determinations are made by disallowable or notifiable instruments (ss 6, 7, 7A, 68), which affects administrative law contours and parliamentary oversight of enforcement policy.

The Act therefore pairs criminal and administrative sanctions with significant investigatory and seizure powers for authorised persons, procedural protections on consent and warrants, and compensation avenues for those who suffer unjustified loss. Penalty levels are concentrated where unauthorised marking or travel occurs, reflecting the Act’s emphasis on traceability, property control and movement regulation.

The Stock Act is expressly drafted to operate alongside, and in some places to incorporate, provisions or obligations from Territory and Commonwealth instruments. The Act references several specific external instruments and frameworks.

Criminal Code. The Criminal Code applies to all offences against the Act as noted in s 5 and the accompanying notes. That means the general principles of criminal responsibility, burdens of proof and defences in the Criminal Code chapters apply to prosecutions under this Act.
Legislation Act. The Act repeatedly cross-refers to the Legislation Act for instrument types, definitions and administrative processes. For example, determinations made by the Minister under ss 6 and 7A are disallowable instruments (ss 6(2), 7A(2)). Approved forms and notifiable instruments receive their status in line with the Legislation Act (s 69).
Biosecurity Act 2023 and NLIS. The Act inserts NLIS requirements into part 4 through s 26A, defining NLIS requirements as those prescribed by regulation under the Biosecurity Act 2023 that give effect to the national livestock identification system for identifying and tracing stock for disease control, food safety and market access. That linkage means compliance with national traceability obligations can operate as an exemption to the permit requirement for travelling stock under s 29(2)(b) and s 30(2)(a)-(b). Businesses must therefore align Stock Act compliance with Biosecurity Act regulations that implement NLIS.
Animal Welfare Act 1992. In exercising discretion to grant travel exemptions under s 28, the director-general must consider any relevant code of practice under the Animal Welfare Act 1992 (s 28(2)). The Act also cites the Animal Welfare Act in a note to s 39 regarding humane destruction by a veterinary surgeon. That creates a statutory cross-check between travel/impound decisions and animal welfare obligations.
Magistrates Court Act 1930. The Act references the Magistrates Court Act for procedural paths relating to disputing liability for infringement notices in s 62(1)(c). The Magistrates Court has powers under s 41 to make orders for release of impounded stock and for damages where impounding was not in accordance with the Act or fees were excessive.
Road Transport (General) Act 1999. The Act borrows the definition of vehicle from the Road Transport (General) Act 1999 for the purpose of defining “vehicle” (Dictionary). That cross-reference broadens the Act’s reach to include stock movement by boat or aircraft where relevant.
ACAT and administrative review. Schedule 1 and s 66A create ACAT review rights for specific decisions. The Act directs that reviewable decision notices must be given (s 66); ACAT procedure and review standards will apply under the ACT Civil and Administrative Tribunal Act 2008 as flagged in the schedule note.
Regulation-making and declarations. Section 70 gives the Executive power to make regulations for the Act, including declaring destruction of trespassing stock (s 70(2)) and creating offences up to 10 penalty units (s 70(3)). Regulations can also declare particular animals as small or large stock and thus change the Act’s subject classes, which may have practical market effects on producers and transporters.

Practical implications of these interactions

Traceability and market access. The Act’s express link to NLIS requirements under the Biosecurity Act 2023 (s 26A) means that compliance with national tagging and tracing regimes can substitute for a Territory travel permit. For businesses that sell into export or interstate markets where NLIS compliance is mandatory for market access, this cross-reference aligns Territory movement regulation with national traceability standards.
Administrative instrument oversight. The use of disallowable and notifiable instruments for levy inputs and fees (ss 6-7A, 68) means that changes to levy amounts, stock-unit definitions or fees can be made administratively but are subject to parliamentary disallowance mechanisms or notification. Businesses relying on stability of levy inputs should monitor these instruments.
Animal welfare constraints. The director-general’s discretion on exemption and disposal is constrained by the requirement to consider codes under the Animal Welfare Act (s 28(2)) and by the Animal Welfare Act’s provisions on humane destruction referenced in s 39 notes. Operational decisions that affect animals will therefore have to conform to animal welfare standards.
Evidential and procedural overlay. Because Criminal Code provisions apply and many offences are strict liability, actors must structure compliance and record-keeping to meet evidential burdens. Where authorised persons exercise powers under warrants or consent, the Act prescribes documentary and procedural safeguards that could affect the admissibility of evidence and the validity of enforcement actions (ss 50, 54-58).

These cross-references and intersections create an integrated compliance environment where Territory movement, identification and enforcement rules sit alongside national biosecurity, animal welfare and criminal justice frameworks. Practitioners should treat the Stock Act as part of a broader legal architecture rather than as a stand-alone set of obligations.

The Act’s endnotes provide a clear timeline of legislative amendments and consequential changes from commencement to the republication date. The legislative history and the amendment history in the endnotes identify the amending instruments and the provisions they changed.

Key chronological milestones

2005: Stock Act 2005, A2005-19, originally notified 13 April 2005, remainder commencing 26 August 2005 (Legislation Act references in endnote 3).
2008-2011: Amendments that adjusted review procedures and definitions, principally A2008-37 (ACT Civil and Administrative Tribunal Legislation Amendment Act 2008) and A2011-22 (Administrative One ACT Public Service Miscellaneous Amendments) which amended multiple sections including register and application provisions (see amendment history, endnote 4).
2013-2015: Red Tape Reduction and other technical amendments (A2013-42; A2015-33) that affected s 6, s 7, s 8 and other operational matters in the statutory framework.
2018-2019: Stock Amendment Act 2018 (A2018-29) and Red Tape Reduction Legislation Amendment Act 2018 (A2018-33) made further substantive changes. These instruments introduced part 4 definitions in 2018 (s 26A originally inserted by A2018-29, later adjusted), and other operational edits.
2024-2025: The Act was amended in connection with biosecurity reform. The Biosecurity Legislation Amendment Act 2024 (A2024-11) inserted NLIS-relevant definitions and aligned travelling stock provisions with requirements under the Biosecurity Act 2023; sch 1 pt 1.2 amendment commenced 15 May 2025 per the legislation history. The Statute Law Amendment Act 2025 (A2025-29) made later amendments that appear in the republication effective 5 January 2026, with s 2 and parts commencing 5 January 2026 (endnotes 3 and 4).

Notable insertions and changes called out in the amendment history

Section 7A (Minimum stock levy) was inserted by the 2013 amendment A2013-42 (amendment history endnote 4). Subsequent amendments to the stock levy provisions are recorded under s 6, s 7 and s 7A in endnote 4.
Part 4 definitions and the explicit NLIS requirements term were introduced by A2018-29 and further amended by A2024-11. The dictionary entries for camelid, impoundment area, large stock, NLIS requirements and the substitution of travel definitions are reflected in the amendment history (endnote 4).
Travelling stock permit provisions were reworked across the 2018 and 2024 amendments, notably s 28 was reinserted and then adjusted by A2024-11 to require the director-general to consider Animal Welfare Act codes when granting exemptions (endnote 4, s 28).
The enforcement provisions have been subject to technical amendments over time, including procedural tweaks to warrants, receipts and return timelines by A2018-33 and earlier instruments (endnote 4).
Schedule 1, which lists reviewable decisions, was inserted or modified by A2008-37 and later adjusted per amendment history (endnote 4).

Practical points drawn from the amendment record

The Act’s scope and interfaces, especially in part 4 with NLIS and biosecurity, have been actively adjusted in the last decade to align Territory rules with broader national biosecurity systems. The 2024 Biosecurity act amendments are the most recent substantive policy alignment.
The amendment history shows a pattern of administrative and technical amendments across multiple Acts and “Red Tape Reduction” instruments, suggesting periodic modernisation of forms, procedures and administrative instruments (s 69, s 68). Many changes appear to be operational rather than a wholesale policy reorientation.
Where the amendment notes mark changes as “ins” (inserted) and “sub” (substituted), practitioners should be attentive to redefined terms such as “travel” and to the introduction of NLIS requirements which can alter exemptions and compliance routes for travelling stock.

The endnotes themselves are the authorised record of amendments and provide section-level citations for each change. For any practical compliance or litigation matter it will be necessary to consult the exact amending instruments listed in endnotes 3 and 4 to understand transitional arrangements and the precise text of each amendment, as this republication is effective 5 January 2026.

The republished Act text and its endnotes do not record any cases decided under the Stock Act, nor does the text itself cite judicial decisions. Schedule 1 and the review provisions reference tribunal and court processes that may be used for review and enforcement, but the Act does not include an internal section listing judicial decisions or precedent.

What the text provides by way of adjudicative routes

ACAT review. Section 66A allows entities identified in schedule 1 or any person whose interests are affected to apply to the ACT Civil and Administrative Tribunal for review of a reviewable decision. The Act does not supply ACAT decisions or references to case law.
Magistrates Court processes. Section 41 provides that the owner of impounded stock may apply to the Magistrates Court for release of stock or for damages; s 62 references Magistrates Court Act provisions about disputing liability for infringement notices. The Act therefore contemplates Magistrates Court litigation but records no cases.

Implications for practice

Because the Act contains reviewable decision machinery but no recorded litigation history in the republication, practitioners will need to research ACAT and Magistrates Court decisions independently to identify any reported interpretations or procedural precedents. The absence of cases in the Act text means one cannot rely on statutory annotations for case law; the operational significance of many provisions, for example around warrant procedure, consent to entry, and seizure return timelines, will depend on how tribunals and courts have interpreted the provisions in practice.
For matters involving compensation under s 64, or disputes about the legality of impounding under pt 5, the text points to court remedies but does not provide judicial guidance. Parties should consider seeking precedent searches in ACAT and Magistrates Court databases.

In short, the statute provides the routes to contest administrative decisions and enforcement actions but the republication does not supply litigation history or judicial interpretation within the text itself.

This section highlights drafting, operational and compliance pitfalls that arise on a close reading of the Act as republished, with references to the statutory provisions that generate each practical risk.

Textual clarity in levy formula

Section 8(3)(a) in this republication contains a corrupted or unintelligible formula fragment in the published text, with typographical symbols present. Practitioners must rely on the authorised consolidated text on the ACT legislation register or the original amending instrument to determine the precise levy calculation method. Do not assume the displayed formula is authoritative without cross-checking the official instrument.

Strict liability offences and evidential burden

Several offences are expressly strict liability (for example ss 9, 11, 21, 22, 25, 26, 29, 30, 31, 43). Under the Criminal Code framework referenced in s 5, strict liability shifts evidential burdens to defendants to raise reasonable doubt about specified matters. Practitioners should be aware that defendants may have to produce evidence establishing exemptions or reasonable defences, for example in proving that a movement complied with NLIS requirements (s 29(2)(b)).

Disallowable and notifiable instruments change rules without primary legislation

Key inputs into private obligations are determined administratively: stock units and levy amounts are Ministerial determinations (s 6), carrying capacity is a director-general determination (s 7), and fees are Ministerial determinations (s 68). These instruments are disallowable or notifiable and can be changed more rapidly than primary legislation. Occupiers and businesses should monitor those instruments closely because they directly affect levy quantum and fees.

Regulatory classification of animals

The dictionary allows regulations to declare additional animals as large or small stock. That regulatory choice can alter who must register marks, who is subject to brand or earmark rules, and which categories require director-general approval under s 24. Businesses should track regulatory declarations to know whether a particular animal falls within the Act’s large or small stock categories.

NLIS interplay and cross-jurisdictional complexity

The Act treats compliance with NLIS requirements as an alternative to permit obligations (s 29(2)(b), s 30(2)(b)). However, NLIS requirements are prescribed under the Biosecurity Act 2023 and so can vary or be updated at the national or Territory level. Operators moving stock across borders must ensure both NLIS and any corresponding State laws align; the Act also permits corresponding laws from States to be recognised (s 30(4) definition of corresponding law). Cross-jurisdictional mismatch can create uncertainty at points of interstate movement.

Seizure and return timelines

Material seized under enforcement powers has structured return conditions under s 62. The default 90-day period and multiple procedural conditions for return create a risk that seized items will be forfeited if prosecutions or infringement processes proceed. This timing interacts with prosecutorial discretion and court timelines, so owners should act quickly to dispute infringement notices or to seek return.

Impoundment notice and claim periods

When the director-general impounds stock, written notice must be given and the stock must be claimed within 14 days (s 37(2)(b)(iv)). Failure to claim can result in sale or destruction (s 39). This is a short timeframe for owners who may be out of contact; occupiers who impound must take reasonable steps to identify owners and give notice (s 35), and occupiers who fail to do so may find the director-general steps in (s 36).

Fees and recovery of shortfalls against sale proceeds

Proceeds of sales of impounded stock are applied first to expenses and maintenance fees, with any shortfall recoverable from the owner as a debt (s 40(1) and (4)). Owners may face exposure to maintenance and travelling fees in excess of sale proceeds and become personally liable. This is a financial exposure not mitigated by the Act beyond court review under s 41.

Consent documentation evidential importance

Consent to entry must be recorded on a signed acknowledgement with time and date and provided to the occupier immediately (s 50(2)-(3)). If an occupier later contests consent in court, absence of the written acknowledgement can lead a court to find that consent was not given (s 50(4)). Authorised persons should ensure contemporaneous documentation of consent to mitigate litigation risk.

Authorised persons’ discretionary powers and risk of damage

Authorised persons have broad powers to enter, inspect, seize and remove things for examination (ss 48, 51, 53, 60). They also must minimise damage and provide notice if damage occurs (s 63), and victims can claim compensation under s 64. But compensation is discretionary and subject to the court’s judgement about what is “just” in the circumstances (s 64(3)). Operators should document any damage and preserve evidence for compensation claims.

Multiple routes to contest decisions with overlapping timetables

The Act provides ACAT review rights for specific decisions and Magistrates Court rights for impoundment disputes (ss 41, 66A and schedule 1). Practitioners must choose appropriate forums and observe procedural time-limits; failing to issue a timely dispute of an infringement notice can affect return rights for seized property under s 62(1)(c).

Director-general’s wide discretion on disposal methods

The director-general may sell by public auction or dispose of stock in other ways if auction is impracticable or undesirable because of cost, animal welfare or other reasons (s 39(2)). That open-ended discretion may produce variable outcomes in sale methods and timing; owners should engage early with the director-general to attempt release.

These are concrete statutory traps and operational snares that parties should assess against the specific facts of a case. Many issues are about timing, documentation and instrument monitoring rather than high-level legal theory.

This section sets out concrete, Act-grounded steps for occupiers, owners, carriers, authorised persons and legal advisers to reduce regulatory, financial and enforcement risk. Each recommended compliance action directly references the relevant statutory provision.

Record-keeping and returns

Maintain detailed stock registers and supporting documentation to support the annual return required under s 9. The return must be provided within seven days after the end of the financial year; keeping contemporaneous records of stock numbers, dates of occupancy and any movements will support accurate returns and evidence in the event of an audit or enforcement visit (s 9, s 49(2)).
Ensure records are accessible at premises where authorised persons may look for stock or documents relevant to returns under s 49(2). An authorised person may enter premises during normal business hours for return verification.

Monitor and respond to determinations and instruments

Track Ministerial determinations and director-general determinations that affect levy inputs, stock units and carrying capacity (s 6, s 7, s 7A). These are disallowable or notifiable instruments and can change levy exposure. Subscribe to the ACT legislation register and the relevant administrative notices, and treat instrument changes as triggers for reforecasting financial liability.
For fees and forms, monitor Ministerial determinations and approved forms under ss 68-69 so that fee schedules and prescribed forms are used where required.

Mark registration and earmarking

Use the registration process for marks in ss 13-17. When applying, be ready to provide additional information under s 15. Ensure permanent brand character sizes comply with s 16(2)(c), and seek approval before earmarking large stock kept for fleece or hide if required under s 24.
Avoid unauthorised marking. Under s 21 and s 22, unauthorised application of a registered mark or earmarking without director-general approval can attract substantial penalties. Maintain signed permissions when applying marks to stock not owned by the applicator.

Travelling stock compliance

If moving stock outside the holding where normally kept, assess whether a permit under part 4 is required. If so, apply to the director-general (s 27). If complying with NLIS requirements under the Biosecurity Act 2023, document compliance carefully as NLIS compliance can be an automatic exemption to the permit requirement (s 29(2)(b), s 26A).
Carry travel permits and produce them on request by authorised persons, police or the occupier of land where the stock is travelling (s 30(1)). Failure to produce the permit when required is a penalty offence (s 30(1)).
When travelling stock, adhere to the most direct reasonable route in the circumstances to reduce liability under s 31.

Impoundment and trespass prevention

Prevent trespass through adequate fencing and monitoring to reduce the risk of owner liability for trespass offences (s 42). If stock trespasses and an occupier impounds, the occupier must take reasonable steps to identify the owner and notify the director-general if the owner is not identified or does not remove stock within 24 hours (s 35).
If your stock is impounded by the director-general, respond quickly to written notice (s 37). Owners have a 14-day claim period to avoid sale or disposal (s 37(2)(b)(iv), s 39). Pay maintenance and travelling fees promptly to secure release under s 38.

Search, entry and seizure interactions

If an authorised person seeks entry by consent, insist on the authorised person producing identity and give or withhold written consent accordingly. If consenting, sign the acknowledgement of consent and retain a copy; absence of such a signed acknowledgement may undermine proof of consent at a later hearing (s 50(1)-(4)).
If entry is under warrant, request copies of the warrant and the document setting out your rights and obligations (s 57). Observe rights to be present when search is conducted unless doing so would impede the search (s 58).
If things are seized, ensure you obtain and keep the receipt (s 59) and promptly consider the options for return under s 62, including disputing any infringement notice under the relevant Magistrates Court Act provisions to protect return rights.

Disputes, review and compensation

Use the ACAT review route for decisions listed in schedule 1; ensure the entity receives a reviewable decision notice under s 66 and consider ACAT timelines and standing under s 66A.
For impoundment or excessive fees, consider a Magistrates Court application under s 41. If enforcement action causes loss or expense, consider a compensation claim under s 64; assemble contemporaneous records of damage, invoices and communications to support a claim.

Practical administration checklist for businesses

Establish a compliance calendar for: annual returns under s 9; monitoring of Ministerial determinations and fee instruments; permit application lead times; maintenance of NLIS compliance records; and prompt response protocols for notices of impoundment.
Create a marks register for owned animals, retain copies of registration certificates from the director-general, and obtain written permissions for any marks applied to non-owned stock to mitigate s 21 exposure.
Train staff to request identity cards from authorised persons and to insist on written warrants or acknowledgements of consent in line with ss 47-50 and 54-58. Keep a standard operating procedure for interactions with inspectors.
For cross-border movements, align internal systems with NLIS and Biosecurity Act requirements and keep evidence (tags, declarations, movement records) to prove NLIS compliance where this is the basis for exemption from a permit (s 26A).

Legal and risk management steps

Regularly review the regulatory classification of animals that your enterprise keeps; a regulation can change whether an animal is “large” or “small” stock, which may change marking obligations and offences (s 70 and Dictionary).
Factor into pricing and contract terms the possibility of stock levy charges and potential liabilities for impoundment fees or unpaid-levy debt recovery, since unpaid levies are covenants in leases under s 12.
Where enforcement action by authorised persons causes damage, preserve evidence and seek legal advice early on compensation under s 64, remembering the court’s discretion to award compensation that is “just” in the circumstances.

Following these concrete, statute-referenced steps will reduce the probability of enforcement action and improve prospects for swift resolution when disputes arise under the Stock Act.

Stock Act 2005

Plain English Summary

Deep Dive

What it does

Current sections

Stock Act 2005

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply