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ANIMAL DISEASES REGULATION 2006 (NO 39 OF 2006)
LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
ANIMAL DISEASES REGULATION
2006
SUBORDINATE LAW NO
SL2006-39
EXPLANATORY
STATEMENT
Circulated with the authority of
Mr John Hargreaves
MLA
Minister for the Territory and Municipal Services
The Animal Diseases Act 2005 is concerned with the health of
animals and the management of animal diseases. Section 90(2) of the Act provides
that regulations may be made for the prevention or introduction of exotic or
endemic diseases. This Regulation provides for measures to deal with
Identification of Stock, Vaccination of Commercial Poultry Flock and management
of Honey Bees to prevent the spread of disease.
The Regulation includes a number of offences where strict liability
applies to a specific element of the offence or to the offence. Strict liability
offences are primarily aimed at conduct on the less serious side of the criminal
spectrum. Strict liability offences have two essential features. The first is
that there is no requirement to prove a fault element, such as intention or
recklessness. However, the prosecution is still required to prove the physical
elements of the strict liability offence beyond a reasonable doubt and disprove
beyond a reasonable doubt any defences that the defendant has put in issue.
Strict liability can be applied to the whole of an offence or to just a
particular element of the offence. If strict liability only applies to a
particular element of the offence, it means that there is no fault element for
that physical element, but there will be a fault element for each other physical
element of the offence. In effect, the offence remains a fault element offence,
though in relation to one of the physical elements, fault does not have to be
proven.
For the purposes of this Regulation, the rationale is that people
who are engaged in the conduct of for example a business of selling or trading
stock, managing or owning a commercial poultry flock or the sale or production
of honey, can be expected to be aware of their duties and obligations. The
provisions are drafted so that, if a particular set of circumstances exists, a
specified person (e.g. a person who works or is engaged in a particular industry
whether it be stock, poultry or bees) is guilty of an offence. Unless some
knowledge or intention is required to commit a particular offence, the
defendant’s frame of mind at the time is irrelevant.
This clause provides that the regulation is the Animal Diseases Regulation
2006.
This clause provides that the regulation commences on the day after its
notification day.
This clause provides that the dictionary at the end of this regulation is
part of the regulation.
This clause provides that a note included in this regulation is explanatory
and is not part of this regulation
This section provides that other legislation applies in relation to offences
against this regulation.
Part 2 – Identification of
Stock
Clause 6 – Approved tags – Act, dict, definition of
approved tag
This clause provides that an approved tag for stock is a tag
under section 7, section 9, section 29 and section 25 of the regulation. A NLIS
device issued or approved under a corresponding law in relation to stock is an
approved tag for stock that is kept or intended to be kept in the ACT.
This clause provides that the chief executive may approve a tag for tagable
stock. A tag may be approved in relation to a holding, public road, an area of
public land, saleyard where stock is sold or an abattoir where the stock is to
be slaughtered.
This clause provides that the chief executive may approve a way of using an
approved tag. For example, this would include where a tag must be placed or
attached or how and NLIS device may be implanted. An approval is a disallowable
instrument.
This clause provides that the chief executive may approve an NLIS device for
tagable stock. An NLIS device may be approved for tagable stock in relation to a
holding, a public road, an area of public land, a saleyard or an abattoir where
the stock is to be slaughtered.
This clause provides that the chief executive must enter identification
particulars for each approved NLIS device (other than special purpose tag) and
any information given to the chief executive under sections, 17, 18, 19, 20, 21,
22 or 23 of the regulation. The chief executive may allow a person to have
access to records at any reasonable time if satisfied that the information will
be used with the object of the Act.
This clause provides that a person commits an offence if the person sells or
supplies an NLIS device and the person is not the approved manufacturer of the
NLIS device. A manufacturer commits an offence if the manufacturer sells or
supplies an NLIS device and the device is not an approved NLIS device.
A
person also commits an offence if the person fails to give the authorised
administrator (before the end of the next working day) after the day the device
is sold or supplied, identification particulars and details of when and to whom
the device was sold.
The maximum penalty is 10 penalty units. This is a
strict liability offence.
This clause provides that a person commits an offence if the person uses an
NLIS device to identify stock and the device is not an approved NLIS. A person
also commits an offence if the person uses an NLIS device to identify stock in a
way that contravenes an approval under section 8 of the regulation.
The
maximum penalty is 10 penalty units. This is a strict liability offence.
This clause provides that a person commits an offence if the person owns or
is in charge of the stock or is the owner or occupier of a holding and the
person becomes aware that the NLIS device (which has been approved) is lost or
stolen before it is used to tag stock and the person does not within 7 days
after the day the person becomes aware of the loss or theft (i) tell the
authorised administrator about the loss or theft and (ii) give the authorised
administrator the identification particulars of the device.
The maximum
penalty is 10 penalty units.
This clause provides that a person commits an offence if the person alters
equipment and the equipment is equipment used for attaching or reading an
approved NLIS device and the alteration changes or modifies the way in which
identification particulars of an NLIS device are read, recorded or
shown.
The maximum penalty is 10 penalty units.
This clause provides that cattle do not need to be tagged if it is (i) a calf
born at or travelling to a saleyard and is being sold with its dam and sent
directly with its dam to a property, or (ii) a bull born before 1 July 2004 that
weighs more than 750 kilograms or (iii) any other cattle born before 1 July 2004
and weighing more than 750 kilograms if (a) the animal was previously identified
with an NLIS device that has been lost or damaged, or (b) an authorised officer
decides it is impractical or too dangerous to tag the animal.
It is an
offence under this clause if the owner of the stock does not tag the stock
(unless the stock is already tagged with an approved NLIS) with an approved NLIS
device if (i) the stock arrives in the ACT or (ii) before the stock leaves any
holding where it is kept or (iii) if the director directs the owner to tag the
stock in circumstances declared under this clause. A declaration is a notifiable
instrument.
The maximum penalty is 10 penalty units. This is a strict
liability offence.
This clause provides that a person commits an offence if the person uses an
NLIS device to identify stock and the stock is already tagged with an approved
NLIS device.
The maximum penalty is 10 penalty units. This is a strict
liability offence.
This clause only applies to stock to which section 15 of the regulation
applies. This clause provides that if stock arrives at a saleyard, the owner or
person in charge of the stock must give the owner or person in charge of the
saleyard (if the stock was held at a holding before being sent to the saleyard)
the property identifier code for the holding or the address of the holding if
there is no property identifier code for the holding.
This clause also
provides that before stock leaves a saleyard, the person who has taken
possession of the stock must give the owner or person in charge of the saleyard
(i) the property identifier code for the holding, or (ii) the address of the
holding if there is no property identifier code for the holding.
The
owner or person in charge of a saleyard, must by the close of business, on the
next working day after the sale of stock at the saleyard, give the authorised
administrator the identification particulars for the stock.
It is an
offence if the person fails to comply with a requirement that applies to the
person under this clause. This is a strict liability offence.
This clause only applies to stock to which section 15 of the regulation
applies. This clause provides that if the stock is sent to a stock and station
agent, the agent must by the close of business on the next working day after
receiving the stock, make a record of (i) the identification particulars for the
stock, and (ii) the address where the stock is held before being sent to a
holding, abattoir or saleyard and keep any record for at least 2 years after the
date when it was made and if asked to do by an authorised person, produce the
record for inspection.
If stock is sent to a stock and station agent, the
agent must, no later than 7 days after receiving the stock (i) send the stock to
a holding, abattoir or saleyard, and (ii) give the authorised administrator the
identification particulars for the stock.
It is an offence if the person
fails to comply with a requirement that applies to the person under this clause.
This is a strict liability offence.
This clause only applies to stock to which section 15 of the regulation
applies. This clause provides that if the stock is sent to an abattoir in the
ACT, the owner or person in charge of the abattoir must, by the close of
business on the next working day after the stock is slaughtered, give the
authorised administrator (i) the identification particulars for the stock; and
(ii) for stock more than 6 weeks old when it is slaughtered, details of the
weight of the carcass before chilling and after bleeding, skinning, evisceration
and trimming.
It is an offence if the person fails to comply with a
requirement that applies to the person under this clause. This is a strict
liability offence.
This clause only applies to stock to which section 15 of the regulation
applies. This clause provides that if stock that arrives at an abattoir,
saleyard or a stock and station agent, dies before slaughter or is lost or
stolen, the owner or person in charge of the abattoir or saleyard, or the stock
and station agent, must, by the close of business on the next working day after
becoming aware of the death, loss or theft (i) tell the authorised administrator
about the death, loss or theft, and (ii) give the authorised administrator the
identification particulars for the stock.
It is an offence if the person
fails to comply with a requirement that applies to the person under this clause.
This is a strict liability offence.
This clause only applies to stock to which section 15 of the regulation
applies. This clause provides that if the stock is sent to an abattoir, saleyard
or stock and station agent from a holding that does not have a property
identifier code, the owner or person in charge of the abattoir or saleyard, or
the stock and station agent, must (i) make a record of the identification
particulars for the stock, and the address of the holding from which the stock
was sent, and (ii) keep the record for at least 7 years after the date when it
was made or (iii) if asked to do so my an authorised person, produce the record
for inspection.
This clause also provides that if stock is sent from a
saleyard or by a stock and station agent to a holding that does not have a
property identifier code, the owner or person in charge of the saleyard, or the
stock and station agent must (i) make a record of the identification particulars
for the stock, and the address of the holding from which the stock was sent and
(ii) keep the record for at least 7 years after the date when it was made or
(iii) if asked to do so by an authorised person, produce the record for
inspection.
It is an offence if the person fails to comply with a
requirement that applies to the person under this clause. This is a strict
liability offence.
This clause only applies to stock to which section 15 of the regulation
applies. This clause provides that if the stock is sent for overseas export, the
owner or person in charge of the stock must, not later than 7 days after the
date when the stock leaves the ACT for export, give the authorised administrator
the identification particulars for the stock.
A person commits an
offence if the person fails to comply with a requirement relating to the person
under this section. The maximum penalty is 10 penalty units.
This clause only applies to stock to which section 15 of the regulation
applies. This clause provides that if the stock arrives at a holding, the owner
or person in charge of the stock at the holding must (i) if the stock has
arrived directly from a saleyard or stock and station agent – give the
authorised administrator the identification particulars for the stock no later
than 7 days after the arrival of the stock, and (ii) if the stock has arrived
from a holding that does not have a property identifier code, no later than 7
days after the arrival, make a record of the identification particulars for the
stock and the address of the holding from which the stock was sent and keep the
record for at least 7 years from the date when it was made and if asked to do so
by an authorised person, produce the record for inspection.
The maximum
penalty is 10 penalty units. This is a strict liability offence.
This clause provides that this division applies to pigs and any other stock
prescribed by regulation.
This clause provides that a mark is taken to be an approved tag for stock to
which this division applies if it contains a property identifier code approved
by the chief executive.
This clause provides that a person commits an offence if the person sells
stock that is not tagged with an approved tag or is tagged with an approved tag,
but in a way that is not approved under section 8.
The maximum penalty is
10 penalty units. An offence against this section is a strict liability
offence.
This clause provides that a person commits an offence if the person is the
owner of stock and the person sends the stock to an abattoir for slaughter or to
a saleyard for sale, and the stock is not tagged with an approved tag, or is
tagged with an approved tag, but in a way that is not approved under section 8
of the regulation.
The maximum penalty is 10 penalty units.
This
clause also provides that a person commits an offence if the person is an owner
of stock and the stock is at a saleyard for sale, and the stock (i) is not
tagged with an approved tag, or (ii) is tagged with an approved tag, but in a
way that is not approved under section 8 of the regulation.
The maximum
penalty is 10 penalty units. This is a strict liability offence.
This clause provides that sections26 and 27 do not apply to the sale of stud
at, or the sending of stud stock to an agricultural show or exhibition, sale of
stock incidental to the sale of land or the sale of a business under which the
stock will remain on the land or retained as part of the property of the
business, sale or the sending to an abattoir or saleyard of stock that has been
(i) brought into the ACT during the proceeding 28 days and (ii) tagged under a
corresponding law. Sections 26 and 27 also do not apply to the sending to an
abattoir or saleyard of stock if (i) the sending has been approved by the
director (ii) the stock is tagged with an approved tag before sale. Finally,
sections 26 and 27 do not apply to anything done with the written approval of
the director.
This clause provides that on application by the owner or person in charge of
tagable stock, an authorised person may approve a special purpose tag for the
stock if (i) the holding where the stock is located does not have a property
identifier code or the authorised person is satisfied that no other approved tag
is readily available for the stock or another approved tag for the stock is not,
or would not be, effective for identifying the stock for this Act.
The
applicant for a special purpose tag must tag the stock for which it was approved
with the tag as soon as possible after the tag has been approved.
The
maximum penalty is 10 penalty units. This is a strict liability
offence.
This clause provides that a person must not alter an approved tag if the
alteration changes or modifies the identification particulars recorded or shown
on the tag.
This clause provides that a person commits an offence if the person sells or
supplies an approved tag and the tag has been altered in a way that changes or
modifies the identification particulars recorded or shown on the tag.
The
maximum penalty is 10 penalty units. This is a strict liability offence.
This clause provides that a person commits an offence if the person uses an
approved tag to tag stock and the stock is not the stock for which the tag was
approved.
The maximum penalty is 10 penalty units. This is a strict
liability offence.
This clause provides that a person commits an offence if the person is the
owner of stock tagged with an approved tag, and, the tag is approved in relation
to a holding, and the stock is at a holding other than the holding for which the
tag is approved, and the stock is not normally kept at the holding for which the
tag is approved.
The maximum penalty is 10 penalty units.
This clause provides that a person commits an offence if the person removes
an approved tag from tagable stock.
The maximum penalty is 10 penalty
units.
This clause provides that the director may inspect the carcass of an animal
that has been slaughtered at an abattoir.
The director may take samples
from or seize the carcass for testing or other investigation of the health of
the animal, or direct the person in charge of the abattoir to do anything to the
carcass to enable investigation of the health of the animal; or dispose of the
carcass; or direct the person in charge of the abattoir to dispose of the
carcass as directed.
Inspection of a carcass under this clause is a final
inspection of the carcass. A person commits an offence if the person fails to
take all reasonable steps to comply with a direction made to the
person.
The maximum penalty is 10 penalty units.
This clause provides that the chief executive may on application by a
relevant person, approve an identifier code for a property that identifies the
holding where the stock is located, or for stock that is sold or sent for sale
or slaughter (i) the holding where the stock was most recently kept for a period
of more than 28 days, or (ii) another property determined by the chief executive
for the stock.
A property identifier code may be approved for a holding,
a saleyard or abattoir, or public land. The chief executive must record details
of each property identifier code approved on the register.
This clause provides that in a proceeding for an offence against this
regulation a certificate signed by the chief executive stating any of the
following, is evidence of the matters stated (i) that a tag had or had not been
approved in relation to particular stock or a particular place, (ii) that a
property identifier code had or had not been approved for a holding, saleyard or
abattoir, or public land.
A certificate may state a matter by reference
to a date or period.
This clause provides that sections 7, 8, 9, 29 and 36 are reviewable
decisions under the regulation.
This clause provides that if a decision maker makes a reviewable decision
under section 38, the decision maker must give written notice of the decision to
each person entitled to apply for review of the decision.
The notice
must comply with the requirements of the code of practice in force under the
Administrative Appeals Tribunal Act 1989, section 25B(1). This clause
also outlines what information the notice must contain.
This clause provides the definitions for chicken, commercial poultry flock
and vaccination.
This clause provides that the Minister may approve a code of practice for the
prevention and control of Newcastle disease. An approval is a disallowable
instrument.
This clause provides that a person commits an offence if the person is in
charge of a commercial poultry flock and the person fails to vaccinate each
chicken in the flock. This clause does not apply to a chicken that is less than
the age prescribed by an approved code of practice relating to vaccination
practices.
The maximum penalty is 10 penalty units. This is a strict
liability offence.
A person commits an offence if (a) the person brings commercial poultry
flock, or part of a commercial poultry flock into the ACT and the flock, or part
of the flock, has not been vaccinated. This clause does not apply to chicken
that is less than the age prescribed by an approved code of practice in relation
to the vaccine.
The maximum penalty is 10 penalty units.
This clause provides that a person who owns a commercial poultry flock and
sells the flock or part of the flock to someone else (the buyer), must give the
buyer, a written statement (declaration) that includes details of vaccination of
the flock.
A person who gives a seller declaration must give the director
a copy of the declaration no later than 14 days after giving it to the buyer. A
person commits an offence if the person fails to comply.
The maximum
penalty is 10 penalty units. This is a strict liability offence.
This clause provides that the person in charge of a commercial poultry flock
must, using a diagnostic test of a representative sample of the flock, test for
signs of a Newcastle Disease in accordance with any approved code of
practice.
A person commits an offence if the person fails to comply. This
is a strict liability offence.
This clause provides that the owner of a commercial poultry flock must keep
records in accordance with any approved code of practice. This clause also
outlines a list of records that the owner must keep.
A person commits an
offence if the person fails to comply. The maximum penalty is 10 penalty units.
This is a strict liability offence.
This clause provides the definitions for brood, broodbox, frame hive and
honey superbox.
This clause provides that a person must not keep honey bees other than in a
frame hive.
The maximum penalty is 10 penalty units. This is a strict
liability offence.
This clause provides that a person commits an offence if the person is either
a beekeeper or a person who harvests honey from a frame hive and permits bees to
access honey or honeycomb in a way other than by allowing bees to enter a frame
hive through a broodbox.
The maximum penalty is 10 penalty units. This is
a strict liability offence.
The Dictionary sets out the definitions for the regulation.