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©State of Queensland
QUEENSLAND
STOCI{ ACT 1915-1981
WITH AN
INDEX
(Compiled to 1 March, 1982)
Prepared by direction of The Honourable M. J. AHERN, B.Agr.Sc., M.L.A.,
Minister for Primary Industries
18Z57-By Autlwrit)·: S. R. Hampson, Government Printer, Queensland-198Z
TABLE OF CONTENTS
Stock Act 1915-1981 The Diseases in Stock Acts Amendment Act of 1948 The Diseases in Stock Acts Amendment Act of 1952 The Stock Acts Amendment Act of 1965 .. Stock Act and Other Acts Amendment Act 1973 .. Stock Act and Another Act Amendment Act 1978 Index ..
Page 1
57 59 61 63 65 67
STOCK ACT 1915-1981
Stock Act of 1915, 6 Geo. 5 No. 16
As amended by Diseases in Stock Act Amendment Act of 1930, 21 Geo. 5 No. 35 Diseases in Stock and Brands Acts Amendment Act of 1931, 22 Geo. 5
No. 34 Statistics Act of 1935, 26 Geo. 5 No. 9 Diseases in Stock Acts Amendment Act of 1936, 1 Edw. 8 No. 12 Diseases in Stock Acts and Other Acts Amendment Act of 1940, 4 Geo. 6
No. 11 Brands Acts and Diseases in Stock Acts Amendment Act of 1941, 5 Geo.
6 No. 18 Diseases in Stock Acts and Another Act Amendment Act of 1944,
9 Geo. 6 No.6 Diseases in Stock Acts Amendment Act of 1946, 11 Geo. 6 No. 10 Diseases in Stock Acts Amendment Act of 1948, 12 Geo. 6 No. 19 Diseases in Stock Acts Amendment Act of 1948 (No.2), 13 Geo. 6 No.1 Diseases in Stock Acts Amendment Act of 1949, 13 Geo. 6 No. 40 Diseases in Stock Acts Amendment Act of 1950, 14 Geo. 6 No. 13 Diseases in Stock Acts Amendment Act of 1952, 1 Eliz. 2 No. 39 Stock Acts Amendment Act of 1953, 2 Eliz. 2 No. 17 Stock Acts Amendment Act of 1954, 3 Eliz. 2 No. 22 Stock Acts Amendment Act of 1958, 7 Eliz. 2 No. 19 Stock Acts Amendment Act of 1959, 8 Eliz. 2 No. 12 Stock Acts Amendment Act of 1960, 9 Eliz. 2 No. 42 Stock Acts Amendment Act of 1965, No. 40 Decimal Currency Act of 1965, No. 61, s. 11, Second Schedule Metric Conversion Act 1972, No. 31, Part II First Sch.
Part II and First Sch. in relation to this Act commenced 27 July. 1974 (Proc. pubd. Gaz. 27 July 1974, p. 1834).
Stock Act and Other Acts Amendment Act 1973, No. 32 Brands Act and Another Act Amendment Act 1974, No. 79 Stock Act Amendment Act 1976, No. 23 Stock Act and Another Act Amendment Act 1978, No. 64, Part II
ss. 5 (h), 8, 9, 18 (a) (ii), 26 (c) (ii) (B) and 34 (b) commenced 1 July 1979 (see s. 2 (2) of Act.)
Part II (except ss. 5 (h), 8, 9, 18 (a) (ii) 34 (b)) commenced 18 Dec. 1978 (Proc. pubd. Gaz. 9 Dec. 1978, p. 1693).
Stock Act Amendment Act 1979, No. 59 Exotic Diseases in Animals Act 1981, No. 13, s. 4 (2)
s. 4 (2) commenced 1 January 1982 (Proc. pubd. Gaz. 26 December 1~1, p. 1736).
2 ss. 1-3 STOCK ACT 1915-1981
An Act to Consolidate and Amend the Law relating to Diseases in Stock
[Assented to 13 December 1915]
BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short title and commencement of Act. This Act may be cited as The Stock Act of 1915, and shall come into operation on the first day of March, one thousand nine hundred and sixteen.
Short title and s. 1 amended by Act of 1953, 2 Eliz. 2 No. 17, s. 2. Co!leotive title conferred by Act of 1981, ND'. 13, s. 4 (2) (b).
2. Repeal. Sched. I. The Acts mentioned in the First Schedule to this Act are repealed to the extent therein indicated:
Provided that, without limiting the operation of The Acts Shortening Acts, all proclamations, orders, and notifications published and made, all indemnities declared, all appointments made, all regulations and forms promulgated, all districts constituted, and all things lawfully done under the said repealed Acts and in force or subsisting at the commencement of this Act, shall continue in full force and effect, and shall, so far as is consistent with this Act, be deemed to have been published, made, declared, promulgated, constituted, and done under and for the purposes of this Act.
2A. Construction of Act. This Act shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
Inserted by Act of 1950, 14 Geo. 6 No. 13, s. 2.
3. Interpretation. 31 Vic. No. 35, s. 2. 60 Vic. No. 1, s. 3. In this Act, unless the context otherwise indicates, the foUowing terms have the meanings set against them respectively, that is to say:
"Accredited"-Accredited by the Chief Inspector of Stock; "Actual owner"-A person who, apart from definition in this Act
as such, would be, in law, owner of the stock or other thing in question;
"Animal"-Includes a bird or insect of any kind; "Animal pathogen"___,.Bacteria, virus, protozoa or any other agent
or organism capafile of causing disease of animals; "Animal Product"-Includes fat, milk, whey, cream, butter,
butter-milk, cheese, eggs, . feathers, semen, ova, faeces, urine or secretion. wh,atsoever of any ~tack, ho11ey, pees wax, combs, pollen, royal jelly and propolis and any other substance whioh
STOCK ACT 1915-1981 s. 3 3
the Governor in Council, by Order in Council, declares to be an animal product for the purposes of this Act;
"Approved Veterinary Surgeon"-A veterinary surgeon appointed by the Minister by notice published in the Gazette to be an Approved Veterinary Surgeon;
"Authorised agent"-A person authorised by the owner of stock to act on his behalf in relation to the- purchase, sale or movement of stock;
"Authorized Veterinary Surgeon"-A veterinary surgeon appointed by the Minister by notice published in the Gazette to be an Authorized Veterinary Surgeon;
"Biological preparation"-(i) Any product prepared from animal tissue (including blood,
lymprh, or glandular secretion) or produced by the agency of microscopic or ultra-microscopic organisms or ferments in any manner whatsoever, and used for or in relation to the dingnosis, prevention, alleviation or cure of disease or abnormal conditions in stock or which is used in animal production to promote growth or to change the physiological state of stock;
(ii) Any synthetic compound, identical with or closely related to the products enumerated in (i) above and which has or :s alleged to have comparable uses;
(iii) any other substance which the Governor in Council, by Order in Council, declares to be a biological preparation for the purposes of this Act;
"Carcass"-The carcass or part of the carcass of an animal whether in an uncooked, partly cooked, or cooked state: the term includes meat, bone, hide, skin, wool, hoof, horn, offal, or any other part of an animal;
"Cattle" includes bulls, cows, oxen, heifers, steers, and calves; "Chief Inspector"-The Chief Inspector of Stock appointed under
this Act: The term includes any person who performs the duties of the Chief Inspector;
"Convey"-T,he term and derivatives of the term when used with respect to any stock or carcass mean to carry or transport in or upon a vehicle, train or vessel;
"Declared area"-Any part of the State in respect of which there subsists a notification under this Act notifying that part to be a declared area of the category specified as regards any disease;
"Destination"-Any saleyard, railway trucking yard or platform, slaughter-house, aibattoir, or place for final delivery or acceptance of stock;
"Destroy"-To consume by fire, bury under the ground, boil down, kill, or otherwise destroy to the satisfaction of an inspector;-
4 s. 3 STOCK ACT 1915-1981
"Dip"-When used as a noun the term includes any vat, bath, or apparatus whatsoever used in connection with the dipping of stock;
"Dipped" (used in relation to ticks)-Plunged and wholly immersed in some effective tick-destroying preparation; and the word "Dip" has the correlative meaning;
"Disease"-Any of the following diseases:-abscess; encephalitis; actinobacillosis; enteritis (ducks); actinomycosis; enterohepatitis (black-African horse sickness; head) ; African swine fever; enterotoxaemia; anaplasmosis; enzootic pneumonia of anthrax; swine; arthritis; eperythrozoonosis; aspergillosis; ephemeral fever; Aujesky's disease; epididymitis; avian encephalomyelitis epithelioma or cancer of
(epidemic tremor); eye; avian pneumoencephalitis epizootic lymphangitis;
(Newcastle disease); equine coital exanthema; avian monocytosis (blue- equine encephalomyelitis;
comb); equine rhinopneumonitis; avian mycoplasmosis equine viral arteritis;
(chronic respiratory erysipelas; disease); eye worm (Oxyspirura
babesiosis; mansoni); black disease; facial eczema; blackleg; fascioliasis; bluetongue; favus; Borna disease; feline calcivirus infection; botulism; feline infectious enteritis; brucellosis; feline rhinotracheitis; buffalo fly (Siphona filariasis;
exigua); foot and mouth disease; cancer; fowl cholera; caseous lymphadenitis; fowl plague (fowl pest); cattle tick (Boophilus fowl pox;
microplus); fowl typhoid; coccidiosis; gapes (Syngamus trachea); contagious ecthyma glanders;
(scabby mouth); Glasser's disease; contagious mastitis; goat pox; contagious pleuro- haemagglutinating
pneumonia (bovine); encephalomyelitis virus; coryza (fowls); haemonchosis; cowpox; heatstroke; cysticercosis; hepatitis; distemper; hexamitiasis; dourine; horse pox;
STOCK ACT 1915-1981 s.3 5
hydatid (EchiiWCOCCUS granulosis) ;
lbaraki disease; infectious
(fowls); bronchitis
infectious canine hepatitis; infectious equine anaemia; infectious laryngotracheitis; infectious rhinitis; infectious rhinotracheitis; influenza; Jembrana disease; Johne's disease; leptospirosis; leucosis; lice infestation; listeriosis; louping ill; lumpy skin disease; lung worm infestation; Maedi-Visna; malignant catarrh; malignant oedema; Marek's disease; melioidosis; mite infestation; mucosal disease; mycosis; myiasis; oedema disease (swine) ; ophthalmia; oesophagostomiasis; omphalitis; papilloma; paramphistomiasis; pasteurellosis; piroplasmosis; poultry tick (Argas
persicus); pregnancy toxaemia
(sheep); psittacosis (ornithosis) ; pullorum disease; pustular vaginitis (bovine); rabies;
rickettsiasis; Rift Valley fever; rinderpest; salmonellosis; scrapie; screw worm infestation; septicaemia; Sheep ked (Melophagus
ovinus); sheep pox; sheep scab; sinusitis (turkeys); sparganosis; spirochaetosis; stickfast flea (Echidno
phaga gallinacea) ; strangles; surra; swine dysentery; swine fever; swine pox; swine vesicular disease; taeniasis; Talfan disease (swine); Teschen disease (swine); tetanus; toxaemic jaundice; toxoplasmosis; trichinosis; trichomoniasis (bovine); trichostrongylosis; tuberculosis; tularaemia; tumours; turkey pox; variola; vent gleet; vesicular exanthema; vesicular stomatitis; vibriosis; virus abortion; virus pneumonia; warble fly infestation; Wesselbron disease,
and any other disease which the Governor in Council, by Order in Council published in the Gazette, declares to be a disease under and for the purposes of this Act;
"Diseased stock"-Stock actually suffering from or affected with disease;
6 s. 3 STOCK ACT 1915-1981
"District"-A district constituted under this Act;
"Drive"----,.The term and derivatives of the term when used with respect to stock mean causing or suffetiiig to travel on the hoof but not conveying;
"Drover"-The person in chatg~ of travelling stock;
"Fittings"-Any stall, stable, sheep-pen, cow or cattle house, horse-box, or other structure for keeping or confining stock, and any halters, brushes, clothes, buckets, or other articles or things whatsoever which have been brought into contact with stock;
"Fodder"-Any hay, straw, grass, green crop, root, vegetable, grain, corn, prepared meals, licks, litter, manure, or any other thing used for the feeding or litter of stock or found with or albout stock;
"Government Veterinary Officer" -A person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936-1973 who holds, within the Department of Primary Industries of the Government of the State, the appointment of veterinary officer, or other appointment within that department of the same or greater seniority which appointment is directly concerned with the provision or the supervision of the provision of disease control and eradication or husbandry services;
"Holding"-Any run, station, farm, freehold or leasehold, or place where stock are kept or pastured;
"Horses" includes horses, mares, geldings, colts, fillies, asses, and mules;
"Infected"-Infected with disease;
"Infected area"-Any part of the State in respect of which there subsists-
( a) a notification whereby the Minister has notified the part to be an infected area;
(b) a notice given by an inspector placing the part in quarantine;
(c) an undertaking entered into by the owner of a holding under subsection (2) of section 13;
"Infected stock"-Diseased stock or stock which, in the opinion of an inspector, have been exposed to the risk of infection with disease or the cause of disease within the last preceding three months;
"Inoculate"-The injection or insertion into or the application to tJhe tissues of stock of a biological preparation for the purpose of protecting such stock against disease or of testing such stock for disease: the term includes vaccination;
STOCK ACT 1915-1981 s. 3 7
"Inspector"-'"-An inspector appdinted under this Act: the term includes the Chief Inspector an acting inspector and an honorary inspector;
"Introduced stock"-Stock introduced into this State from another State or territory of the Commonwealth, and all such stock for three months after they are so introduced;
"Laboratory"-Premises used for the manufacture of biological preparations or for the pathological examination of sick, infected or suspected stock or infected or suspected animal products or for the examination for internal or external parasites or analysis of toxic substances, but does not include a veterinary surgery under the control of or used by a veterinary surgeon registered under the Veterinary Surgeons Act 1936~1973 for the treatment and cure of sick, infected or suspected stock, or a veterinary clinic, veterinary centre or veterinary hospital within the meaning of that Act;
"Legibly branded"-Branded in a manner decipherable without scientific means at a distance of not less than 9 metres;
"Local Authority"-A Local Authority constituted under The Local Government Acts, 1936 to 1951: The term includes Brisbane City Council constituted under The City of Brisbane Acts, 1924 to 1951, and the corporation of The Commissioner of Irrigation and Water Supply constituted under The Irrigation and Water Supply Commission Acts, 1946 to 1949, or any other corporation constituted under any other Act where pursuant to any Act, the corporation of The Commissioner of Irrigation and Water Supply or other corporation is a Local Authority;
"Local Authority Area"-Th·e area in which, for the purposes of exercising its powers, functions, and authorities and performing its duties, any Local Authority has jurisdiction, including any land under the control of the Local Authority outside the boundaries of that area;
"Market value of stock"-Their value calculated as upon a sale with delivery on the holding where such stock are when ordered to be destroyed;
"Minister"-The Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister;
"Neighbouring holding"-Any holding contiguous to, and any holding distant not more nhan 65 kilometres by land from, the holding on which stock are ordinarily depastured;
8 s. 3 STOCK ACT 1915-1981
"Notifiable disease''-Any of the following diseases:-actinomycosis; Jembrana disease; African horse sickness; Johne's disease; African swine fever; lice infestation (sheep) ; anthrax; louping ill; Aujesky's disease; lumpy skin disease; avian pneumoencephalitil; Maedi-Visna;
(Newcastle disease); melioidosis; babesiosis; mucosal disease; black disease; psittacosis (ornithosis); bluetongue; pullorum disease; Borna disease; rabies; cattle tick (Boophilus Rift Valley fever;
micro plus) ; rinderpest; contagious pleuro- scrapie;
pneumonia (bovine); screw worm infestation; dourine; sheep pox; epithelioma or cancer of sheep scab;
the eye; surra; equine encephalomyelitis; swine fever; equine rhinopneumonitis; swine vesicular disease; equine viral arteritis; Tesch en disease (swine); foot and mouth disease; trichinosis; fowl plague (fowl pest); trichomoniasis (bovine); glanders; tuberculosis; goat pox; tularaemia; haemagglutinating vesicular exanthema;
encephalomyelitis virus; vesicular stomatitis; horse pox; warble fly infestation; Ibaraki disease; Wesselbron disease, infectious laryngotracheitis;
and any other disease which the Governor in Council, by Order in Council published in the Ga.rette, declares to be a notifiable disease under and for the purposes of this Act;
"Order"-Includes any command or direction whether given orally or in writing;
"Owner"-The owner, lessee, licensee, or occupier, whether jointly or severally, or Local Authority having charge or control of any holding or stock, or the authorised agent of or the superintendent or manager for the owner, or the drover of stock and, in the case of stock in any saleyard, includes the authorised agent commissioned to dispose of that stock;
"Police officer" and "Officer of police"-Any member of the Police Force of Queensland;
"Poultry"-Fowls, ducks, geese, turkeys, guinea fowls, pheasants, and pigeons, and the young thereof, and any other birds \Vhich the Governor in Council by Order in Council from time to time declares to be poultry under and for the purposes of this Act;
STOCK ACT 1915-1981 s.3 9
"Premises"-Includes any land or saleyard and any house or other building or structure whatsoever or wheresoever situated and its curtilage;
"Prescribed"-Prescribed by this Act; "Regulations" -Regulations made under this Act; "Road"-Any proclaimed road or any road or way dedicated to
the public or which has been ordinarily used for three years at least by the public;
"Saleyard"-Any yard, premises, or place where stock are sold or offered or exposed for sale, or where stock are held or kept for the purpose of being sold or offered or exposed for sale or where stock are kept or held on sale;
"Sheep"-Any ram, ewe, wether, or lamb;
"Sprayed" (used in relation to ticks)-The whole of the hair and skin of the animal thoroughly saturated by means of a spray with some effective preparation approved by the inspector; and the word "Spray" has the correlative meaning;
"Stabled and groomed"---Stabled and groomed continuously for the 35 days last preceding the date in question;
"Stock" includes horses, cattle, sheep, swine, camels, dogs, cats, poultry, and goats, and any other animals whatsoever which the Governor in Council, by Order in Council, from time to time declares to be stock for the purposes of this Act;
"Stock route"-Any road declared by the Governor in Council, by Order in Council, to be a stock route under this Act;
"Suspected"---Suspected of being infected;
"Swine"-Any boar, barrow, sow, or pig of any age or breed;
"Tag"-A tag or label of a prescribed kind or other prescribed means of identification;
"Tested"-Tested in the prescribed manner or by a prescribed method: the term "test" shall have a corresponding meaning;
"This Act"-This Act and all regulations and Orders in Council made thereunder;
"Travelling Stock"---Stock whilst being travelled, driven, or carried by land, air, or water other than in the holding where they are ordinarily depastured. The term also includes stock delivered to a saleyard, showground, recreation ground, or racecourse and shall apply to such stock in respect to the permit and waybill issued relative to such movement until the stock are removed from such saleyard, showground, recreation ground, or racecourse;
"Treated"-Dipped, dressed, rubbed, sprayed, spotted, inoculated, vaccinated, disinfected, fumigated or treated with any medicament, in any case as a cure for or preventive of disease;
10 s. 3 STOCK ACT 1915-'-1981
"Vessel"-Any ship, steamer, lighter, launch, boat, punt, ferryboat, aircraft, or air cushion vehicle.
Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in substitution for that other Act.
As amended by Act of 1930, 21 Goo. 5 No. 35, s. 2; Act of 1940, 4 Geo. 6 No. 11, s. 4; Act of 1946, 11 Geo. 6 No. 10, s. 2; Act of 1948, 12 Geo. 6 No. 19, s. 2;. Act of 1952, 1 Eliz. 2 No. 39, s. 4; Act of 1953, 2 Eliz. 2 No. 17, s. 3; Act of 1954, 3 Eliz. 2 No. 22, s. 2; Act of 1958, 7 Eliz. 2 No. 19, s. 2; Act of 1960, 9 Eliz. 2 No. 42, s. 2; Act of 1965, No. 40, s. 2; Act of 1972, No. 31, s. 6, First Sch.; Act of 1973, No. 32, s. 4; Act of 1978, No. 64, s. 5; Act of 1979, No. 59, s. 2.
In respect of definition "Animal Product"-Blood was declared to be an animal product by Order in Council published
Gazette 27 February 1982, p. 713.
In respect of definition "Disease"-Bovine mannosidosis was declared to be a disease by Order in Council
published Gazette 24 January 1981, p. 186. Chemical Residues (presence and concentration levels of certain .types)
were declared to be a disease by Orders in Council published Gazette 8 October 1977, p. 468; 8 March 1980, p. 808; 17 January 1981, p. 95; 7 March 1981, p. 780; 17 April 1982, p. 1724.
Equine contagious metritis was declared to be a disease by Order in Council published Gazette 1 October 1977, p. 388.
European Brood Disease of Bees was declared to be a disease by Order in Council published Gazette 5 May 1979, p. 110.
Footrot was declared to be a disease by Order in Council published Gazette 26 June 1971, p. 1244.
Tick Haemaphysalis longicornis and .tick Haemaphysalis bancrofti were declared to be diseases by Order in Council published Gazette 2 February 1974, p. 487.
In respect of definition "Notifiable disease"-Brucellosis was declared to be a notifiable disease by Order in Council
published Gazette 24 April 1971, p. 1601. Equine contagious metritis was declared to be a notifiable disease by Order
in Council published Gazette 1 October 1977, p. 388.
Equine rhinopneumonitis (abortion form) was declared to be a notifiable disease by Order in Council published Gazette 1 October 1977, p. 388.
European Brood Disease of Bees was declared to be a notifiable disease by Order in Council published Gazette 5 May 1979, p. 110.
Footrot of Sheep was declared to be a notifiable disease by Order in Council published Gazette 24 April 19'71, p. 1601.
Infectious Equine Anaemia was declared to be a notifiable disease by Order in Council published Gazette 24th April 1971, p. 1601.
In respect of definition "Poultry"-Japanese quail (Coturnix coturnix japonica) and partridges were declared
to be poultry by Order in Council published Gazette 19 February 1977, p. 643.
In respect of definition "Stock"-Bees were declared to be stock by Order in Council published Gazette 5
May 1979, p. 111.
STOCK ACT 1915-1981 s. 4 11
Birds were declared to be stock by Order in Council published Gazette 24 September 1977, p. 262.
,Buffaloes were declared to be stock by Order in Council published Gazette 26 November 1977, p. 1173.
Deer were declared to be stock by Order in Counci:l published Gazette 8 July 1978, p. 1177.
4. ( 1) Inspectors, etc. 31 Vic. No. 35, ss. 19, 23. 60 Vic. No. 1, s. 4. The Governor in Council may from time to time appoint a Chief Inspector and such inspectors and acting inspectors as may be necessary for the effectual execution of this Act.
The Governor in Council may appoint a person as holding any office for the time being to be an acting inspector and such person shall by virtQe of that office and without further or other appointment be an acting inspector.
The Governor in Council may appoint a person to be an inspector (other than the Chief Inspector, an acting inspector or an honorary inspector) in respect of the stock specified in his appointment and, if he does so, such appointee shall be an inspector in respect of the stock so specified and may exercise or perform the powers, duties and functions of an inspector only with a view to carrying this Act into effect in relation to the stock so specified.
No inspector appointed pursuant to this subsection other than an acting inspector shall either directly or indirectly deal in stock, or act as the agent of an owner of or dealer in stock.
Penalty: $500 or imprisonment for six months.
(2) Honorary inspectors. For the purpose of the effectual execution of this Act the Minister may from time to time appoint, with power of revocation, any person or persons as honorary inspectors under this Act; and any person so appointed shall, during the period of his inspectorship, have and exercise only such powers, functions and duties as may be prescribed from time to time.
(2A) Every member of the Police Force shall be ex officio an honorary inspector under this Act and shall have and exercise the powers, functions and duties of an honorary inspector.
( 3) Appointment of Approved Veterinary Surgeons. The Minister may enter into an agreement in writing with any veterinary surgeon registered as such under the Veterinary Surgeons Act 1936-1973 upon the terms, provisions and conditions upon and subject to which such veterinary surgeon will carry out the powers, functions and duties of an Approved Veterinary Surgeon and may, from time to time, enter into a like agreement varying, renewing or extending such an agreement.
12 s. 4A STOCK ACT 1915-1981
The Minister may appoint a veterinary surgeon with whom he has entered into such an agreement an Approved Veterinary Surgeon by notification published in the Gazette.
Without prejudice to any right or remedy which the Minister may have against a party to such an agreement in respect of a breach thereof the Minister may, by notification published in the Gazette, terminate the appointment of an Approved Veterinary Surgeon if such veterinary surgeon contravenes or fails to comply with any term, provision or condition of his agreement with the Minister.
( 4) Agreements between the Minister and Approved Veterinary Surgeons. The Minister may (and shall be deemed always to have had power to) enter into an agreement in writing with an Approved Veterinary Surgeon upon the terms, provisions and conditions upon and subject to which such veterinary surgeon will provide veterinary services (either generally or of a particular type or types) for the producers of milk or cream defined in such agreement upon whose produce an assessment made and levied under section 7 A of this Act subsists and may (and shall be deemed always to have had power to), from time to time, enter into a like agreement varying, renewing or extending such an agreement.
(5) Without prejudice to any right or remedy which either party to an agreement entered into pursuant to any provision of this section may have against the other in respect of a breach thereof, either such party may, subject to the terms of the agreement in question, by notice to the other such party, terminate such an agreement whether or not there has been a breach thereof and, thereupon, neither party shall be further obliged by the terms thereof.
( 6) Authorized Veterinary Surgeon. For the purpose of the effectual execution of uhis Act the Minister may from time to time appoint, with power of revocation, any veterinary surgeon registered as such under the Veterinary Surgeons Act 1936-1973 to be an Authorized Veterinary Surgeon and any veterinary surgeon so appointed shall, during the period of that appointment have and exercise such powers, functions and duties as may be prescribed: Every such appointment shall be subject to such terms and conditions as may be prescribed.
As amended by Act of 1948, 12 Geo. 6 No. 19, s. 3; Act of 1948 (No. 2) 13 Geo. 6 No. 1, s. 2; Act of 1958, 7 Eliz. 2 No. 19, s. 3; Act of 1960, 9 Eliz. 2 No. 42, s. 3; Act of 1965, No. 40, s. 3; Act of 1973, No. 32, s. 5; Act of 1974, No. 79, s. 18 (2) Sch.; Act of 1978, No. 64, s. 6.
4A. Power of delegation. (1) The Minister may from time to time, in relation to any matters or class of matters, or in relation to a particular part of the State, by instrument in writing under his hand delegate all or any of his powers, authorities and functions under this Act as may be specified in the instrument (other than this power of delegation) so that the delegated powers, authorities and functions may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument.
STOCK ACT 1915-1981 SS. 5..6A 13
Any delegation under this section may, if the Minister deems it so desirable, be made by the delegation of all or any of his powers, authorities and functions under this Act as may be specified in the instrument of delegation to the holder of an office under the Crown in right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, shall perform without further or other authority and while he holds or occupies or performs the duties of that office the delegated powers, authorities and functions with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument.
(2) Where, by or under this Act, the exercise of a power, authority or function of the Minister is dependent upon the opinion, belief, or state of mind of the Minister, in relation to any matter, that power, authority or function may be exercised upon the opinion, belief, or state of mind of the person to whom it is delegated by an instrument of delegation under this section.
(3) The Minister may, at his will, revoke a delegation made by him under this section.
No delegation shall prevent the exercise of any power, authority or function by the Minister.
( 4) The Minister may make such and so many delegations under this section and to such number of persons and either at any one and the same time or from time to time as he may consider necessary or desirable.
Inserted by Act of 1958, 7 Eliz. 2 No. 19, s. 4.
5. Governor in Council may appoint districts. 60 Vic. No. 1, s. 4A. The Governor in Council may from time to time, by Order in Council
( i) Constitute any part of the State a district for the purposes of this Act;
(ii) Alter the boundaries of any district; (iii) Abolish any such district.
He may assign a district or districts to any inspector or officer. Unless the Governor in Council otherwise directs, any inspector may
exercise and discharge his powers and duties in any part of the State notwithstanding that a district or districts may have been assigned to him.
As amended by Act of 1930, 21 Geo. 5 No. 35, s. 3.
SA. (Repealed). Heading repealed by Act of 1978, No. 64, s. 7 (a). s. 5A repealed by Act of 1978, No. 64, s. 7 (b).
6. (Repealed) . Repealed by Act of 1978, No. 64, s. 8 (as from 1 July 1979).
6A. Stock Diseases Compensation and Stock Improvement Fund. (1) There shall be established at the Treasury a fund to be called "The Stock Diseases Compensation and Stock Improvement Fund," which fund is in this Act referred to as the "Compensation Fund."
14 ss. 7, 7A STOCK ACT 1915-1981
(2) Into the Compensation Fund shall be paid-( a) All assessments made, levied and collected under section 7 A
of this Act; and (b) Subject to appropriation by Parliament, payments from the
Consolidated Revenue Fund equal in amount to one-half of the payments made into the Compensation Fund under paragraph (a) of this subsection.
(3) Payments may be made from tJhe Compensation Fund pursuant to an agreement made by an Approved Veterinary Surgeon with the Minister for the rendering of veterinary services.
Inserted by Act of 1944, 9 Geo. 6 No. 6, s. 4; as amended by Act o.f 1948, 12 Geo. 6 No. 19, s. 4 (1); Act of 1953, 2 Eliz. 2 No. 17, s. 5; Act of 1958, 7 Eliz. 2 No. 19, s. 5; Act of 1959, 8 Eliz. 2 No. 12, s. 3; Act of 1965, No. 40, s. 4; Act of 1973, No. 32, s. 8.
7. (Repealed). Repealed by Act of 1978, No. 64, s. 7 (b).
7 A. Assessments on milk and cream. ( 1) The Minister may make and levy the following assessments in respect of milk and cream supplied to factories-
(a) in respect of milk, an amount not exceeding one half of one cent on every gallon, based on the volume of milk supplied;
(b) in respect of cream, an amount not exceeding one cent per pound of butter-fat based on the weight of butter-fat contained in cream supplied.
(2) Different assessments may be made and levied under this section in respect of different factories.
( 3) Every owner of a factory shall, in the first instance, pay the amount of any assessment made and levied under this section to the Under Secretary Department of Primary Industries not later than fifteen days after the last day of the month in which 1lhe milk or cream the subject of the assessment was supplied to the factory.
( 4) All moneys rec·eived by the Under Secretary Department' of Primary Industries under this section shall be paid into and form part of the Compensation Fund.
(5) Notice of an assessment made under this section shall upon the making thereof be published in the Gazette and thereupon the assessment shall be deemed to be duly made and levied and shall be payable as prescribed.
The Minister may from time to time by notice published in the Gazette revoke or vary any assessment made and levied by him under this section.
(6) The.owner of~ factory with re~pect to any assessment payable under this section~
(a) may deduct the amount thereof from any moneys due by him to the producer of the milk or cream in respect of which
STOCK ACT 1915-1981 SS. 7B-9 15
the assessment is made and levied, and that entitlement shall continue notwithstanding any ohange in the ownership of those moneys;
(b) may recover the amount thereof from the producer by action in any court of competent jurisdiction.
(7) In this section the terms "factory" and, where used in relation to that term, "owner" have the respective meanings assigned to them by the Dairy Produce Act 1920-1972.
Substituted by Act of 1973, No. 32, s. 10.
7B. (Repealed). Repealed by Act of 1973, No. 32, s. 11.
8. Dips, etc. 60 Vic. No. 1, ss. 9, 10. For the effectual execution of this Act the Minister may establish, maintain, and manage dips and experimental stations and quarantine stations at all necessary places.
9. (1) Introduction of stock by land. (a) Where an inspector is stationed at a crossing place, no stock intended to be introduced into the State shall be examined by that inspector or brought across the boundary from any adjoining State or territory of the Commonwealth until the drover of such stock has produced a certificate from the proper officer of that State or territory stating that such stock-
(i) are not infected; and (ii) have been treated or tested or treated and tested as prescribed;
or (iii) have originated from a herd or flock which has been treated
or tested or treated and tested as prescribed and which has been certified as being free of disease by the Chief Inspector of Stock, or such other officer as may be prescribed, of the State or terrirtory of origin.
In addition to the certificate referred to above the drover of such stock shall produce such other certificates as may be prescribed.
(b) Where no inspector is stationed at a crossing place, stock intended to be introduced into the State may be brought across the boundary from any adjoining State or territory of the Commonwealth provided that-
(i) the drover of suoh stock has in his possession the certificate or certificates referred to in paragraph (a) hereof; and
(ii) such stock are travelled directly to the centre where the nearest inspector (not being an honorary inspector) is stationed and the certificate or certificates referred to in paragraph (i) hereof are there delivered to an inspector, notwithstanding that a permit to travel such stock has not been obtained.
(c) Notwithstanding anything contained in this section, stock intended to be introduced into this State from tlhe State of New South
16 s. 9 STOCK ACT 1915-1981
Wales by rail through the tunnel within the vicinity of the crossing place designated as Grady's Gap may be brought across the boundary provided that-
(i) the drover of such stock has in his possession the certificate or certificates referred to in paragraph (a) hereof; and
(ii) such stock are travelled directly by rail to Brisbane or to the abattoir at Bromelton and uhe certificate or certificates referred to in paragraph (i) hereof are there delivered to an inspector, notwithstanding that a permit to travel such stock has not been obtained.
(d) Upon receipt of the certificate or certificates referred to in paragraph (a) hereof and all other necessary information an inspector shall examine such stock and determine whether or not they are infected and upon being satisfied that they are not infected he shall, where the circumstances require it, issue a permit for such stock to travel.
A certificate referred to in this subsection shall be invalid unless it is produced to the inspector within 14 days of the completion thereof.
( 2) Restriction on introduction of apparently healthy stock. Notwithstanding the production of a certificate from the proper officer in an adjoining State or territory of the Commonwealth that any stock proposed to be introduced into this State are not infected, the inspector in this State, provided there are any circumstances which cause him to suspect that the stock are infected, may refuse to admit such stock until they have remained for the period necessary for testing, ascertainment of the result of such testing, observation and treatment at some place within such adjoining State or territory of the Commonwealth.
Such stock may then be introduced, if, after the expiration of such period, they are found upon examination by the inspector to be not infected.
( 3) Stock to cross border at appointed crossing-places. No stock shall be introduced from an adjoining State or territory of the Commonwealth at any crossing-place other than at a crossing-place appointed from time to time by the Governor in Council by Order in Council.
(3A) When it is proposed to introduce stock into the State from an adjoining State or Territory of the Commonwealth the owner of that stock shall give notice (as prescribed by this subsection) of their proposed introduction to the inspector at the crossing place, place of entry or port of introduction or, if there be no such inspector, to the inspector stationed nearest thereto.
The notice shall be in writing and shall be given not less than two days and not more than fourteen days before the da:te on which the proposed introduction is to be made:
Provided that in a particular case •the Chief Inspector or an inspector authorised by him (either generally or in uhe particular case) may, upon the application of the owner of the stock in question, approve that the duration of the notice be a period (being less than two days before the date aforesaid but such as to allow the inspector to whom the
STOCK ACT 1915-1981 s.!) 17
notice is to be given pursuant to the first paragraph of this subsection sufficient time to examine the stock under this section) specified by him and that the notice need not be in writing, whereupon it shall be deemed sufficient compliance with the first paragraph of this subsection if the owner concerned gives notice in accordance with that approval.
(3B) When permit required for introduction of stock by vesseL A person shall not introduce by vessel into the State from any other State or territory of the Commonwealth any stock of a class prescribed for the purposes of this subsection except under the authority of and in compliance in every respect with the requirements of a permit in writing granted by the Chief Inspector.
(3c) No stock shall be introduced by vessel from another State or Territory of the Commonwealth other than at a place of entry or port of introduction appointed from time to time by the Governor in Council by Order in Council.
(3D) The drover of any sto,ck that are introduced into this State from anouher State or Territory of the Commonwealth shall forthwith upon the introduction of the stock deliver to an inspector at the place of entry or port of introduction into the State of the stock-
( a) A certificate from the proper officer in relation to the po.lition of the State or Territory of the Commonwealth from which the stock were first brought for the purposes of introduction into this State that the stock are not infected and have been treated or tested or treaJted and tested as prescribed or have originated from a herd or flock which has been treated or tested or treated and tested as prescribed and which has been certified as being free of disease by the Chief Inspector of Stock, or suoh other officer as may be prescribed, of the State or territory of origin; and
(b) Such other certificates as may be prescribed.
(3E) Any person who fails to comply in every respect with the requirements of subsection ( 1) or (3D) shall be liable to a penalty not exceeding $2,000 or at the discretion of the adjudicating court to be imprisoned for a period not exceeding six months.
(3F) Notwithstanding anything contained in this section, day old chickens may be introduced into this State from any other State or territory of the Commonwealth subject only to such conditions or restrictions as may be prescribed.
( 4) The drover or other person introducing, or attempting to introduce, or aiding or being concerned in 1Jhe introduction of stock contrary to this section shall be liable to a penalty not exceeding $2,000, or, at the discretion of the adjudicating court, to be imprisoned for any period not exceeding six months.
( 5) All stock introduced into this State from any other State or territory of the Commonwealth shall be identified as prescribed,
18257-B
18 s. 9A STOCK ACT 1915-1981
( 6) In this section-"day old chickens"-means the young (less than seven days old)
of any fowl. As amended by Act of 1940, 4 Goo. 6 No. 11, s. 5; Act of 1946, 11 Goo. 6
No. 10, s. 4; Act of 1960, 9 Eliz. 2 No. 42, s. 6; Act of 1965, No. 40, s. 6; Act of 1973, No. 32, s. 12; Act of 1974, No. 79, s. 18 (2) Sch.; Act of 1978, No. 64, s. 10.
9A. Destruction of stock from other States where prescribed certificates not produced. ( 1 ) Where in respect of any stock introduced into this State from another State or Territory of the Commonwealth the drover of the stock has contravened the provisions of this Act by failing to deliver to an inspector any prescribed certificate in relation to the introduction into this State of the stock in question, the owner of the stock (whether or not he was the owner of the stock at the time of the introduction thereof) shall within seven days or such further time as the Chief Inspector in special circumstances allows after service upon him of a notice in writing under the hand of an inspector requiring him so to do-
(a) Deliver to the inspector all such certificates in relation to the stock as were required by this Act to be delivered upon the introduction of the stock into the State and were not so delivered or such other certificates in substitution therefor as the Chief Inspector may require and in addition to any such certificates such further certificates as the Chief Inspector may require; or
(b) Give an undertaking in writing to the satisfaction of the Chief Inspector for the removal of the stock out of the State or for the disposal otherwise of the stock.
(2) If the owner-( a) Being thereunto required fails to comply with the provisions
of subsection one of this section, by failing either to deliver the certificates specified in paragraph (a) of that subsection or to give an undertaking as specified in paragraph (b) of the said subsection one; or
(b) Having given an undertaking as specified in paragraph (b) of subsection one of this section, fails to comply in every respect with the terms of that undertaking,
the Chief Inspector may by order in writing under his hand order the destruction of the stock in question.
( 3) An order made or given under subsection two of this section directing the destruction of any stock may prescribe the manner in which, the time within which, and the person by whom the stock shall be destroyed, and for that purpose may direct either that the stock be destroyed by or under the supervision of the person named in the order, at the holding or premises in or upon which the stock were found or that the stock be delivered at such time and place as are specified in the order to a person named in the order for destruction.
STOCK ACT 1915-1981 ss.lO, 11 19
( 4) A notice given under subsection one of this section and an order made or given under subsection two of this section shall be served on the occupier of the holding or premises in or upon which the stock are found or, if there is no occupier, on the owner of the stock or, if neither the owner nor the occupier is present at the holding or premises, on the person apparently in charge thereof, and service of the notice or order pursuant to this subsection upon the occupier or person apparently in charge of the holding or premises shall be deemed to be sufficient service upon the owner of the stock.
(5) Any owner, occupier or person apparently in charge of any premises or holding who contravenes or fails to comply in any respect with the requirements of an order by the Chief Inspector under subsection two of this section shall be guilty of an offence and shall be liable to a penalty not exceeding $500 or to imprisonment for a period not exceeding six months.
(6) Upon a failure in any respect to comply with the requirements of an order made or given under subsection two of this section, and without prejudice to any proceedings which may be taken upon that failure, the Chief Inspector may, after the expiration of seven days from the date of the failure, direct in writing an inspector to enter upon the premises or holding to which the order relates and destroy or cause to be destroyed the stock specified in the order, and for the purposes of such destruction the inspector may, if he thinks fit, remove or cause to be removed any of the stock to any other place.
(7) Any expenses incurred by the Chief Inspector in pursuance of an order under subsection two of this section, or by an inspector in pursuance of a direction under subsection six of this section, may be recovered from the owner of the stock in question in any court of competent jurisdiction as a debt due to the Crown.
( 8) The owner of any stock destroyed pursuant to an order or direction made or given under this section shall not have any claim for compensation or otherwise against the Minister, the Chief Inspector, an inspector or any other person referred to in the order or direction in respect of the destruction of the stock in compliance with the order or direction.
Inse.cted by Act of 1960, 9 Eliz. 2 No. 42, s. 7; as amended by Act of 1974, No. 79, s. 18 (2) Sch.; Act of 1978, No. 64, s. II.
10. (Repealed). Repealed by Act of 1973, No. 32, s. 13.
11. Suspension of preceding sections. The Governor in Council may from time to time, by Order in Council, suspend the operation of any one or more of the three last preceding sections for any period not exceeding six months in respect to stock introduced or proposed to be introduced from any State or territory of the Commonwealth in which disease is not known to exist.
As amended by Act of 1946, 11 Geo. 6 No. 10, s. 5; Act of 1965, No. 40, s. 7.
20 ss. 12, 12A STOCK ACI' 1915-1981
12. Governor may prohibit inkod11dioo or removal of stock. 60 Vic. No. 1, s. 8. ( 1) The Governor in Council may from time to time, by Order in Council-
(i) Prohibit or put restrictions on the introduotion of infected or suspected stock or any animal product, animal pathogen or carcass of any infected or suspected stock from any other State or territory of the Commonwealth, or on the removal of stock or any animal product, animal pathogen or any carcass of stock from one part to another part of Queensland;
(ii) Prescribe the route by which infected or suspected stock shall be taken to their destination;
(:iii) Prohibit for any period the travelling of healthy stock by any route by or over which infected or suspected stock have been travelled;
(iv) Declare any road to be a stock route for the use of travellin!! stock;
(v) Appoint places to be crossing-places for introduced stock:
(2) Where pursuant to an Order in Council made under this section the introduction into Queensland from another State or territory of the Commonwealth of any carcass, animal product or animal pathogen is
(a) prohibited unless such carcass, animal product or animal pathogen is accompanied by; or
(b) restricted by requiring such carcass, animal product or animal pathogen to be accompanied by,
a prescribed document or prescribed documents an inspector may seize any carcass, animal product or animal pathogen introduced into Queensland in contravention of such. Order in Council by reason of its not being accompanied by the prescribed document or documents and, if he does seize any such carcass, animal product or animal pathogen, shall destroy such carcass, animal product or animal pathogen or cause the same to be destroyed unless within forty-eight hours after such seizure the prescribed document or documents are produced to him.
(3) (Repealed). As amended 'by Act of 1930, 21 Geo. 5 No. 35, s. 6; Act of 1946, 11 Geo. 6
No. 10, s. 6; Act of 1965, No. 40, s. 8; Act of 1973, No. 32, s. 14; Act of 1978, No. 64, s. 12; Act of 1979, No. 59, s. 3.
12A. Infected and declared areas. ( 1) The Minister may, by notification published in the Gazette, notify any area therein described to be--
(a) an infected area; or (b) a declared area of such other category as is specified
therein in respect of any disease specified in such notice.
( 2) The Minister may by the same or a like notification-( a) require any stock within an infected area to be removed
out of that area;
STOCK ACT 1915-1981 ss. 12a-13 21
(b) prohibit the introduction into, the movement within or the removal out of any infected area or declared area of any stock, carcass, fodder, fittings, animal product, animal pathogen or biological preparation or any thing likely to spread disease or permit such introduction, movement or removal subject only to such terms and conditions as are specified in the notification;
(c) require any stock within any infected area or declared area to be subjected at any time and from time to time to the test or treatment specified in the notification for the disease or diseases in respect of which the area has been notified to be an infected area or a declared area.
( 3) The Minister may by a like notification vary or revoke a notification made under this section.
( 4) Any person who-(a) fails to remove any stock out of an infected area the removal
of which is required pursuant to subsection (2); (b) introduces into, moves within or removes out of any infected
area or declared area any stock, carcass, fodder, fittings, animal product, animal pathogen or biological preparation or any thing the introduction, movement or removal of which is prohibited pursuant to subsection ( 2);
(c) contravenes or fails to comply with any condition imposed pursuant to subsection (2) with respect to the introduction into, the movement within or the removal out of any infected area or declared area of any stock, carcass, fodder, fittings, animal product, animal pathogen or biological preparation or any thing;
(d) obstructs or prevents the testing or treatment required by the Minister of any stock within any infected area or declared area,
is guilty of an offence against this Act. Penalty: $500. ( 5) The Minister may exercise the power conferred on him by
this section in respect of an infected area notwithstanding that at the time of the exercise it is not known that disease is present within that area if, in the opinion of the Chief Inspector, there is a real possibility that disease has been or may be introduced into the area from elsewhere.
Substituted by Act of 1978, No. 64, s. 13; as amended by Act of 1979, No. 59, s. 4; Act of 1981, No. 13, s. 4 (2) First Sch. Part B.
12B. (Repealed). Repealed by Act of 1978, No. 64, s. 15.
12c. (Repealed). Repealed by Act of 1978, No. 64, s. 16.
13. Quarantine. 31 Vic. No. 35, ss. 25, 26, 27. (1) An inspector, on being satisfied that in any area stock is or is suspected to be infected, shall define the boundaries of the area in question, and (save with respect
22 s.13 STOCK ACT 1915-1981
to holdings from the owners of which undertakings are accepted pursuant to subsection (2)) place it in quarantine by giving written notice to the owner either personally or by registered letter.
On placing any area in quarantine the inspector may, in cases where he considers it necessary or desirable ·so to do, affix in such place or places as he deems fit a notice that such area is placed in quarantine.
Such quarantine shall continue until such area has been released by the Minister or by an officer of his Department to whom the Minister has by writing delegated such power either generally or in respect of the area in question (which delegation is hereby authorised).
Any person who removes or introduces, causes to be removed or introduced or assists or in any way is concerned in removing or introducing stock beyond or into such area, unless authorised by the Minister or by an officer of his Department to whom the Minister has by writing delegated such power either generally or in respect of the area in question (which delegation is hereby authorised), shall be liable to a penalty not exceeding $500, or, at the discretion of the adjudicating court, to be imprisoned for any period not exceeding six months.
Where necessary for the purpose of pasturing or watering quarantined stock, an inspector may extend the boundaries of such area and bring other stock within such boundaries.
(2) The Minister may accept from the owner of a holding that, but for this subsection, would be required to be placed in quarantine his undertaking in writing (and in the prescribed form, if any) that he will in respect of the holding and the stock thereon comply in all respects with the provisions of this Act applicable thereto or that would be applicable thereto were the holding placed in quarantine under subsection ( 1).
For so long as it continues in force such an undertaking shall be deemed to have been entered into from time to time by and to oblige the owner for the time being of the holding and the owner for the time being shall be subject to and shall comply in all respects with such provisions and with all orders and directions made or given under this Ac_t in respect of his holding or the stock thereon.
Such an undertaking may be expressed to be limited to a period specified therein or may be of indefinite duration and shall continue in force until-
(a) the expiration of the period (if any) specified therein; or (b) the Chief Inspector notifies the obligor for the time being
in writing that he is released from further obligation thereunder,
whichever event is the first to occur. No stamp duty or other instrument tax shall be payable in respect
of an undertaking entered into under this subsection.
( 3) Where under this Act the Governor in Council, the Minister or any other person is required or empowered to do any thing or issue any process in respect of an area placed in quarantine or any
STOCK Acr 1915-1981 s.14 23
part thereof or the owner thereof such thing may be done or process issued in respect of a holding the owner of which is for the time being obliged by an undertaking entered into under subsection (2) or, as the case may be, in respect of such owner.
( 4) The provisions of this section do not apply to any area in quarantine pursuant to the provisions of the Exotic Diseases in Animals Act 1981.
As amended by Act of 1946, 11 Geo. 6 No. 10, s. 8; Act of 1954, 3 Eliz. 2 No. 22, s. 4; Act of 1973, No·. 32, s. 1·8; Act of 1974, No. 79, s. 18 (2) Sch.; Act of 1979, No. 59, s. 5; Act of 1981, No. 13, s. 4 (2) First Sch. Part B.
14. Stock may be destroyed in certain cases. lb. s. 13. ( 1) The Minister may order the destruction of any infected or suspected stock or any animal product thereof, or any carcass, or any articles or things used in connection with such stock, animal product or carcass, or any infected or suspected pasture or fodder, or the removal and destruction of animal pathogen, or the removal and disposal of soil, whenever in his opinion such destruction or removal and disposal would tend to prevent the spread of disease.
Stock ordered to be destroyed shall be destroyed, and the carcass disposed of in manner prescribed.
Every animal product, carcass, pasture, fodder, article, and thing ordered to be destroyed shall be destroyed in manner prescribed.
Soil ordered to be removed and disposed of shall be. removed and disposed of in the manner prescribed.
The Minister may, in relation to all or any matters or class of matters referred to in this subsection, by notice published in the Gazette, delegate his powers under this subsection (other than this power of delegation) to any officer or officers of his Department, so that such powers may, subject to the delegation, be exercised by each and every officer so delegated.
Animal pathogen ordered to be removed and destroyed shall be removed and destroyed in the manner prescribed.
(2) Upon a failure in any respect to comply with the requirements of an order made under subsection ( 1) of this section and without prejudice to any proceedings which may be taken upon such a failure, the Minister may, after the expiration of seven days from the date of such failure, direct in writing an inspector to enter upon the premises or holding in or upon which the stock, animal product, animal pathogen, carcass, article or thing, pasture or fodder ordered to be destroyed is or are situated and destroy or cause to be destroyed such stock, animal product, animal pathogen, carcass, article or thing, pasture or fodder specified in the order.
For the purposes of such destruction the inspector may, if he thinks fit, remove or cause to be removed any such stock, animal product, animal pathogen, carcass, article or thing or fodder to any other place.
As amended by Act of 1946, 11 Geo. 6 No. 10, s. 9; Act of 1965, No. 40, s. 9; Act of 1978, No. 64, s. 17; Act of 1979, No. 59, s. 6.
24 SS. 14A, 15 STOCK ACT 1915-1981
14A. Requirement as to stock-proof fences in quarantine area. ( 1) When the Minister is satisfied that the proper control of any disease within any part of the State requires that the stock within that part be retained within stock-proof fences he may, in writing, require the owner of a holding that is placed in quarantine to repair the whole or part of the fences along the boundaries of his holding so as to render the fences proof against the ingress and egress of such stock as the Minister specifies.
The Minister may, in such a requisition, limit the time within which the owner to whom it is directed is required to comply therewith.
If within the time limited by the Minister the owner to whom such a requisition is directed fails to comply therewith to the satisfaction of the Minister, the Minister may authorise an inspector to cause to be done the work required by the requisition and the costs and expenses of such work shall be recoverable in any court of competent jurisdiction from the owner concerned as a debt due and payable to the Crown but unpaid.
(2) An owner of a holding who, pursuant to a requisition or a court proceeding under subsection ( 1) incurs the costs and expenses of repairing fencing that forms a common boundary with an adjoining holding may demand and recover by way of action for debt in any court of competent jurisdiction from the owner of such adjoining holding a contribution of one-half of the amount of such costs and expenses, any provision of the Dividing Fences Act 1953-1972 notwithstanding.
Inserted by Act of 1973, No. 32, s. 19.
15. Owner to be compensated. lb. s. 22. Where stock, animal products, or any articles or things used in connection with stock, have been destroyed by order under this Act of the Minister or his delegate or an inspector or a Government Veterinary Officer, the owner shall, subject as next herein provided, receive compensation the amount of which shall be a charge upon and be paid out of Consolidated Revenue which is hereby to the necessary extent aQpropriated accordingly:
Provided as follows:-(a) No compensation shall be payable in the case of stock unless
the animal destroyed is, after examination by a State Government v~'tennary officer, found to be free from disease;
(b) The rate of compensation in each case shall be such as is prescribed but in no case shall it exceed, as the case may be, the market value of such stock or animal products or the market value of articles or things of the same description as the articles or things destroyed;
(c) If any carcass is destroyed by boiling down, all the products of such destruction shall belong to the owner, and the value thereof shall be taken into consideration in estimating any compensation to be paid to him;
STOCK ACT 1915-1981 ss.lSA, 16 25
(d) No compensation shall be payable in respect of introduced stock destroyed under this Act which are declared infected within three months after their introduction unless the owner proves to the satisfaction of the Minister or his delegate that such stock became infected after being introduced;
(e) No compensation shall be payable in the case of stock which are, pursuant to subsection lA of section twenty-five of this Act, destroyed by or under the authority or on the order of an inspector.
As amended by Act of 1940, 4 Geo. 6 No. 11, s. 6; Act of 1946, 11 Geo. 6 No. 10, s. 10; Act of 1953, 2 Eliz. 2 No. 17, s. 8; Act of 1973, No. 32, s. 20; Act of 1978, No. 64, s. 18 (as from 1 July 1979 in a certain respect); Act of 1981, No. 13, s. 4 (2) First Sch. Part B.
15A. When no compensation payable. Where-(a) any stock or animal product or article or thing used in
connexion with such stock or animal product is destroyed by order, pursuant to this Act, of the Minister or his delegate or an inspector or a Government Veterinary Officer for the purpose of I?reventing the spread of disease;
(b) the destructlon by order as aforesaid arises out of the doing of any act or thing or the making of any omission by the owner of the stock or animal product or article or thing used in connexion with such stock or animal product with respect to any part thereof, the doing of which act or thing or the making of which omission causes or contributes to or is such as is likely to cause or contribute to the spread of disease; and
(c) the owner is convicted of an offence against any law of the State or the Commonwealth relating to the control, eradication or prevention of disease and the act or thing as aforesaid is done or the omission as aforesaid is made in connexion with the commission of the offence,
compensation is not payable under this Act to the owner in respect of the destruction of that stock or animal product or article or thing used in connexion with such stock or animal product.
No compensation shall be payable under this Act to the owner in respect of the destruction of animal pathogen by order, pursuant to this Act, of the Minister or his delegate or an inspector or a Government Veterinary Officer.
Inserted by Act of 1978, No. 64, s. 19; as amended by Act of 1979, No. 59, s. 7.
16. Local Authorities may destroy stray diseased stock. lb. s. 21. Any Local Authority may, without making compensation to the owner, cause to be destroyed any diseased stock suffering from malignant growths (cancer), tuberculosis, or Pleuro-pneumonia contagiosa, or any stock suspected of suffering from any of those diseases, found straying upon any road or land under its control:
Provided that the Local Authority shall forthwith give notice of the fact to the nearest inspector, and to the owner of the stock if such owner is known to the Local Authority.
As amended by Act of 1973, No. 32, s. 21.
26 ss. 16A-18 STOCK ACT 1915-1981
16A. (Repealed). Repealed by Act of 1978, No. 64, s. 20.
17. Warranty implied on sale of stock. (1) On any sale or agreement for the sale of stock, there shall be implied a warranty that, subject to this section, shall be binding upon the seller namely that each head of such stock is not suffering from or affected by any disease specified in this section in relation to the species of stock specified in this section or specified in an Order in Council made under this section in relation to the stock specified in the Order in Council.
(2) It shall not be competent to any person to enter into a contract or agreement express or implied whereby it is agreed by and between the parties that the warranty expressed by this section shall not be legally binding as against the seller of stock.
(3) Proof that any cattle suffered with or were affected by tuberculosis or brucellosis at any time-
(a) in the case of tuberculosis, within thirty days; or (b) in the case of brucellosis, within seven days,
of the date of the sale or agreement for sale of those cattle, or of the date of delivery thereof on such sale or agreement for sale whichever is the later, shall be conclusive evidence of the breach of the warranty expressed by this section and the buyer shall have his remedy against the seller accordingly.
( 4) Proof that any cattle have reacted to a prescribed test for tuberculosis or brucellosis shall be prima facie evidence that those cattle are suffering from or affected by tuberculosis or brucellosis as the case may be.
( 5) The Governor in Council may from time to time by Order in Council-
(a) specify diseases to which the warranty expressed by this section shall apply and the species of stock in respect of which that warranty shall so apply;
(b) prescribe the evidentiary value of such matters specified therein as he thinks fit.
Substituted by Act of 1973, No. 32, s. 23; as amended by Act of 1978, No. 64, s. 21.
18. Owner of travelling stock to notify inspector. (1) Every owner of stock shall, before starting to travel or remove them any distance, obtain from ·the nearest inspector or person authorised by the Minister in that behalf a permit containing the prescribed particulars. No such permit shall be issued until the owner, if required by the inspector or authorized person so to do, furnishes to the inspector or authorized person a notice in writing containing particulars as prescribed. Such permit shall be issued and remain valid subject to any conditions which may be contained therein or endorsed thereon by an inspector or authorized person. For the purpose of obtaining such permit the owner shall on demand produce to the inspector or authorized person the waybill of the stock referred to in the next succeeding section of this Act:
STOCK ACT 1915-1981 s.18 27
Provided that a permit to travel shall be issued for the travelling of stock only where the inspector or authorized person is satisfied that its issuance is not likely to lead to the spread of disease and that the application for the permit to travel is made by the bona fide owner of such stock or his authorised agent and where, in the opinion of the inspector or authorized person, a bona fide destination is intended.
Such permit shall be null and void unless the movement to which the permit applies is commenced within the time specified on the permit by the inspector or authorized person by whom such permit is <issued.
In such notice the following particulars must be supplied:(a) The number and description of the animals; (b) The holding on which they are located; (c) the name of the owner, being a person within that term as
defined by this Act; (ci) the name and address of the actual owner, being the person
who is the true owner in law; (cii) the name and address of the consignee (where he is other
than the actual owner) ; (d) The route by which he desires to travel the stock; (e) The name of the person who will be in charge of the stock
while being travelled; (f) The date of the proposed departure of the stock;
(g) The proposed destination of the stock; and (h) The mode of transport.
Such inspector or authorized person shall thereupon forthwith give notice, in writing, to the inspectors in all districts through or adjacent to which such route passes, stating the particulars contained in such notice.
If the owner desires to alter the original route he shall apply for such alteration to the inspector nearest to the place of proposed divergence from the original route, and such inspector may approve of the same. Such approval, where practicable, shall be endorsed on the permit.
No person, other than an inspector or authorized person, shall issue, purport to issue or make any endorsement on or vary any condition of a permit to travel stock and no person other than an inspector shall make any alteration in any such permit after it has been issued.
Where a permit issued under this subsection is subject to conditions contained therein or endorsed thereon the owner of the stock in respect of which such permit is issued shall cause the conditions to be complied with in all respects.
Penalty: $500 or imprisonment for six months or both.
(2) An owner of stock who desires to travel such stock repeatedly to and from neighbouring holdings or to and from other places for the purpose of feeding, watering, treating, milking, training, racing, competing or other purpose shall, before so travelling such stock, apply to the nearest inspector or person authorised by the Minister in that behalf for a concessional permit.
28 s.18 STOCK ACT 1915-1981
An applicant for such a permit shall particularize in his application the purpose or purposes for which he desires to repeatedly travel his stock.
The inspector or authorized person to whom such an application is made, upon being ·satisfied of the bona fides of the applicant, may in his discretion issue to such applicant a concessional permit which shall be subject to the provisions of subsection ( 1 ) of this section so far as those provisions are not inconsistent with the provisions of this subsection.
A concessional permit, while it subsists, shall authorise the owner concerned to travel his stock to and from neighbouring holdings or to and from other places as often as is necessary for a purpose for which such concessional permit was issued.
(2A) Where, because of the movement of stock pursuant to the terms of a concessional permit issued under subsection (2)-
(i) a Local Authority is of the opinion that serious detriment has been or will be caused to roads or footpaths in its Local Authority Area; or
(ii) !he Commissioner of Police is of the opinion that a serious traffic hazard has resulted or will result,
the Local Authority or, as the case may be, the Commissioner of Police may request tlie Chief Inspector to cancel the concessional permit. Any such request shall be made in writing and shall contain full details of the reasons therefor.
Upon receipt of such a request the Chief Inspector shall make such inquiries as he considers necessary and may for that purpose interview or cause to be· interviewed the person to whom the concessional permit was issued.
If, as a result of these inquiries, the Chief Inspector is of the opinion that a serious detriment has been or will be caused to roads or footpaths in the Local Authority Area or that a serious traffic hazard has resulted or will result he may cancel the concessional permit in question.
(2B) A Local Authority, which desires from time to time to travel straying stock found in or upon any land under its control to a pound, may apply to the nearest inspector or person authorized by the Minister in that behalf for a special permit.
The inspector or authorized person to whom such an application is made may, in his discretion, issue to the Local Authority a special permit which shall be subject to the provisions of subsection ( 1) of this section so far as those provisions are not inconsistent with the provisions of this subsection.
A special permit, while it subsists, shall authorize the Local Authority concerned to travel any straying stock found in or upon any land under its control to a pound.
( 3) Where an inspector is of the opinion that the continuance in force of a permit issued pursuant to this section may lead to the spread of
STOCK ACT 1915-1981 s.19 29
disease or may otherwise defeat the objects and purposes of this Act, the inspector may, at any time and whether or not the permit was issued by that inspector, cancel any such permit.
When under this section a permit is cancelled, then the person to whom that permit was issued or the drover of travelling stock having custody of the permit shall, upon demand by an inspector, deliver forthwith to that inspector the cancelled permit.
Penalty: $500 or imprisonment for six months or both such fine and imprisonment.
Notwithstanding the cancellation of a permit under this section, an inspector may at any time issue a fresh permit subject to such terms and conditions as the inspector thinks fit.
As amended by Act of 1930, 21 Geo. 5 No. 35, s. 8; Act of 1936, 1 Edw. 8 No. 12, s. 2; Act of 1940, 4 Goo. 6 No. 1•1, s. 7; Aot of 1948 (No. 2), 13 Goo. 6 No'. 1, s. 5; Act of 1958, 7 Eliz. 2 No. 19, s. 7; Act of 1960, 9 Eliz. 2 No. 42, s. 9; Act of 1965, No. 40, s. 10; Act of '1973, No. 32, s. 24; Act of 1974, No. 79, s. 18 (2) Sch.; Act of 1978, No. 64, s. 22; Act of 1979, No. 59, s. 8.
19. Drovers to be provided with waybill. 54 Vic. No. 21, s. 5. ( 1) A drover of stock shall, a~t the time of his entering upon his journey with such stock as travelling stock, and at all times throughout such journey, be in possession of-
( a) a dulv completed waybill as prescribed wherein such stock is fully and accurately described; and
(b) a permit prescribed by section eighteen of this Act. Where the drover of stock which, in the course of the journey
concerned, will become travelling stock is not the actual owner of such stock the actual owner thereof or his superintendent or manager or authorised agent shall supply such drover with a duly completed waybill wherein such stock is fully and accurately described and permit specified in the preceding paragraph before he enters upon his journey with such stock as travelling stock.
A drover shall be taken to comply with this subsection notwithstanding that he has not a permit in his possession as prescribed if before entering upon his journey with the stock he-
( a) gives notice to an inspector or a person authorized pursuant to section 18 of the intended journey, satisfies the inspector or authorized person that it would be unreasonable to require him to have such a permit in possession and obtains from !he inspector or authorized person approval for the issue of a permit as prescribed;
(b) endorses upon the waybill relating to that journey the name and address of the inspector or authorized person, the date of the approval and the number of the permit issued in respect thereof; and
(c) has that waybill in his possession throughout that journey. The drover of stock that are travelling in a convoy of road vehicles
shall ensure that, prior to the commencement of the journey concerned, the driver of each vehicle comprising that convoy is supplied with a
30 s.l9 STOCK ACT 1915-1981
copy of the waybill relating to the stock travelling on that journey wherein that stock is fully and accurately described, supplied to the drover and each such driver shall .retain in his possession and carry with him at all times throughout the journey that copy waybill.
In this subsection the expression "be in possession" or any like expression means, in relation to a permit or waybill, to have the document on or about one's person or so close to hand that it may be produced immediately upon demand of any person authorized by this section to inspect the satne.
(2) If a waybill is lost or destroyed after it has been supplied to the drover of the stock to which it refers and before completion of the journey for which it has been made out the drover of such stock shall forthwith take and do all steps and things necessary to obtain for himself a duly completed waybill as prescribed in lieu of the waybill so lost or destroyed.
If a copy waybill is lost or destroyed after it has been supplied to the driver of a vehicle that is part of a convoy of road vehicles and before the completion of the journey to which it relates, the driver concerned shall take all such steps and do all such things as are necessary to obtain for himself a further copy of the waybill so lost or destroyed.
(3) Any inspector, police officer or occupier of any holding through or along which such stock are or have been travelling may inspect any travelling stock and any waybill and permit relating to such stock.
The drover of such stock shall, upon the request of a person specified in the preceding paragraph, forthwith submit for the inspection of such person such stock and such waybill and permit.
( 4) Any drover who-(a) Fails to comply with this section; or (b) Travels stock by any route other than that described in
the permit, unless with the approval of an inspector; or (bl) Travels or removes stock contrary to any condition of the
permit; or (c) Fails or refuses to produce in accordance with this Act
the permit or waybill for inspection on the request of any inspector, or member of the Police Force, or occupier of any holding through or along which such stock are or have been travelling; or
(d) Refuses to permit any inspector or police officer when necessary to examine and count such stock; or
(e) Fails to assist at any inspection, examination, muster or count of stock when so required; or
(f) Has in his possession or charge stock not fully and accurately described in the waybill; or
(g) Sells or delivers to any person stock not fully and accurately described in the waybill; or
(h) Has in his possession a waybill that is to his knowledge false in any particular,
shall be liable to a penalty not exceeding $500.
STOCK ACT 1915-1981 ss. 19A, 20 31
(5) Any person to whom the second or fourth paragraph of subsection ( 1) of this section applies who fails to comply with the provisions of that paragraph shall be liable to a penalty not exceeding $500.
( 6) Any person who purchases or receives any stock from a drover-
( a) which stock is not fully and accurately described in a duly completed waybill as prescribed; or
(b) which drover, being other than the actual owner of such stock, does not produce a written authority from the actual owner thereof to sell or otherwise dispose of such stock,
shall be liable to a penalty not exceeding $500. (7) Where a drover sells or delivers stock to any person he shall
at the same time deliver to that person or that person's agent duly authorised to take delivery of the stock on his behalf a waybill in respect of the stock wherein the stock are fully and accurately described.
Penalty: $500. ( 8) A person who purchases or receives from any drover any stock
shall retain and preserve for a period of six months after the purchase or receipt of the stock the waybill in respect of the stock delivered to him or his agent by the drover pursuant to subsection (7) of this section and shall upon demand made at any time during that period by an inspector or member of the Police Force produce the waybill for inspection.
Penalty: $500.
(9) A person who knowingly enters any false or misleading information on a waybill is guilty of an offence against this Act.
Penalty: $500. As amended by Act of 1930, 21 Geo. 5 No. 35, s. 9; Act of 1948 (No. 2), 13
Geo. 6 No. 1, s. 6; Act of 1959, 8 Eliz. 2 No. 12, s. 4; Act of 1960, 9 Eliz. 2 No. 42, s. 10; Act of 1965, No. 40, s. 11; Act of 1973, No. 32, s. 25; Act of 1974, No. 79, s. 18 (2) Sch.; Act of 1978, No. 64, s. 23; Act of 1979, No. 59, s. 9.
19A. ss. 18 and 19 inapplicable in certain circumstances. The Governor in Council may from time to time by Order in Council published in the Gazette declare that the provisions of sections eighteen and nineteen of this Act shall not apply in respect of stock therein prescribed either generally throughout the State or within the area or areas of the State therein prescribed and, upon such a declaration for so long as the Order in Council concerned remains in force, the provisions of those sections shall cease to apply in respect of such stock throughout the State or in such area or areas in accordance with the terms of the Order in Council.
Inserted by Act of 1965, No. 40, s. 12.
20. Endorsement of waybill. Any inspector or police officer who, on inspecting travelling stock, is satisfied with the correctness of the waybill, shall endorse it with his name, designation, and address.
If not correct, stock may be impounded. All such stock not fully and accurately described therein may be impounded in the nearest pound in the direction in which they are travelling (unless such pound is double
32 ss. 21, 22 STOCK ACT 1915-1981
the distance from the actually nearest pound, in which case they shall be impounded in the actually nearest pound), there to be kept at the expense of the owner until duly claimed by him or on his behalf, and the requirements of this Act have been complied with, and the prescribed waybill has been produced and shown to the.poundkeeper, and the proper poundage fees and all other charges and disbursements incurred have been paid.
As amended by Act of 1978, No. 64, s. 24.
21. Drover to give notice before entering a holding. 54 Vic. No. 21, ss. 6, 7. (1) Every drover of travelling stock who intends to drive the same on or across any holding, or along any road which intersects or forms a boundary of any holding, unless such road is fenced on both sides, shall give the occupier of the holding on or across which he intends to drive stock, or of the holding which is not fenced off from such road, not more than forty-eight nor less than twenty-four hours' notice by letter to the head station or principal homestead, or by telephone, telegraph or personal notice to the occupier of the holding.
Any person in charge of any travelling stock who drives the same without giving such notice shall be liable to a penalty not exceeding $500:
Provided that notice shall not be necessary from any person in charge of horses in use at the time of travelling for the purposes of his calling.
(2) A complaint of any contravention of this section must be made by the person or persons claiming to be aggrieved within twenty-one days after the ground of complaint arose or was discovered by the complainant or complainants: Provided such discovery was made within three months after the ground of complaint arose.
As amended by Act of 1930, 21 Geo. 5 No. 35, s. 10; Act of 1959, 8 Eliz. 2 No. 12, s. 5; Act of 1960, 9 E1iz. 2 No. 42, s. 11; Act of 1974, No. 79, s. 18 (2) Sch.
22. Branding of travelling sheep. Every owner of travelling sheep that are not legibly branded on the body with the letter T not less than 75 millimetres in length (whether or not they are branded with the owner's station brand) commits an offence against this Act and for every head of sheep so unbranded shall be liable to a penalty of not less than one cent nor more than five cents.
Notwithstanding this section-( a) it shall not be necessary to brand travelling sheep in accord
ance therewith in cases where those sheep are legibly branded with the owner's registered sheep paint brand and-
(i) are intended to be driven from the time of their removal for not more than 65 kilometres to a destination; or
(ii) are conveyed by rail or motor vehicle to a destination;
(b) it shall not be necessary to brand in accordance therewith sheep that are intended to be driven to a pound;
STOCK ACT 1915-1981 s. 23 33
(c) it shall not be necessary to brand in accordance therewith nor to legibly brand with the owner's registered paint brand-
(i) stud sheep travelling to a sale or show; (ii) fat lambs travelling to a saleyard or licensed slaughter
house. Substituted by Act of 1973, No. 32, s. 26.
23. Notifiable diseases. (1) When a notifiable disease or a disease not previously recognized exists in stock on any holding or in travelling stock, the prescribed 'person shall-
( a) forthwith upon his becoming aware of the existence of such disease draft out and, as far as practicable, keep separate all stock affected with such disease from stock not so affected; and
(b) within forty-eight hours after his becoming aware of the existence of such disease give notice to the nearest inspector of the existence of such disease.
In this subsection the expression "prescribed person" means whichever of the persons in this paragraph specified first becomes aware of the existence of the notifiable disease in the stock concerned, such persons being-
(i) the owner of the stock concerned; (ii) the owner of the holding on which the stock concerned are
at the time located.
(2) When a veterinary surgeon registered as such under the Veterinary Surgeons Act 1936-1973 diagnoses a notifiable disease in stock on any holding or in travelling stock (whether in making such diagnosis he is acting as an Approved Veterinary Surgeon, or an Authorized Veterinary Surgeon under this Act or in his own practice) he shall, within forty-eight hours after making such diagnosis, give notice to the nearest Government Veterinary Officer of the existence of such disease.
When such veterinary surgeon is an Approved Veterinary Surgeon, or an Authorized Veterinary Surgeon the . duty imposed upon him by this subsection is in addition to the duties imposed upon him by section 25A of this Act.
( 3) The Governor in Council may from time to time by Order in Council published in the Gazette declare that the provisions of this section shall not apply in respect of the notifiable diseases therein prescribed either generally throughout the State or within the area or areas of the State therein prescribed and, upon such a declaration for so long as the Order in Council concerned remains in force, the provisions of this section shall not apply in respect of such a notifiable disease throughout the State or in such area or areas in accordance with the terms of such Order in Council.
18257-C
34 ss. 24, 25 STOCK ACT 1915-1981
( 4) A person who, pursuant to the provisions of the Exotic Diseases in Animals Act 1981, has duly given notice of an exotic disease shall not be required to give notice under this section in respect of the same instance of existence of that disease.
Substituted by Act of 1965, No. 40, s. 13; as amended by Act of 1973, No. 32, s. 27; Act of 1978, No. 64, s. 25; Act of 1981, No. 13, s. 4 (2) First Sch. Part B.
24. Swine. If swine are kept on any holding or premises in such a condition as to endanger the health of such animals, the inspector may order, in writing, such holding or premises to be forthwith placed and thereafter kept in a sanitary condition to his satisfaction.
25. Powers of inspector. 60 Vic. No. 1, s. 17. ( 1) An inspector may at any time, with or without assistants and with such vehicle or vehicles and equipment, plant and instruments as he may consider necessary for the proper discharge of his duties-
(i) Enter into or upon any premises or holding; (ia) count the stock in or upon any premises or holding and
inspect any stock, flock or herd book; (ib) Search any premises or holding if he suspects on reasonable
grounds that an offence against this Act has been or is being committed and there is likely to be therein or thereon any stock, animal product, animal pathogen, carcass, biological preparation or fodder or any article or thing of any kind with respect to which that offence was or is being committed or that will afford evidence as to the commission of that offence, and may break open and search every box, receptacle or package of any kind in or upon those premises or that holdfrig;
(ic) May seize and detain any stock, animal product, animal pathogen, carcass, biological preparation or fodder or any article or thing of any kind in respect of which an offence against this Act has been or is being committed or in respect of which he suspects on reasonable grounds that such an offence has been or is being committed, or that he believes will afford evidence as to the commission of that offence;
(id) Inspect, test for disease and treat for disease any stock, animal product, carcass or fodder;
(ie) Inspect and test any soil, animal pathogen or biological preparation;
(if) Where stock are to be sent out of the State, inspect, test for disease and treat for disease such stock for the purpose of ensuring that such stock meet the health requirements of any other State or territory of the Commonwealth or of any country and issue certificates of compliance with those health requirements as a result of such inspection, testing or treatment or upon any other evidence to his satisfaction of such compliance;
STOCK ACT 1915-1981 s.25 35
(ig) Provide husbandry services to any owner and advise any owner on and where necessary assist him in the carrying out of measures for the prevention of disease;
(ii) Stop and detain travelling stock for the purpose of examining and/ or testing for disease such stock or stop and detain any carcass which is being conveyed by any means whatsoever for the purpose of examining same;
(iii) Examine and/or test for disease and detain travelling stock or any carcass which is being conveyed by any means whatsoever until this Act is complied with to his satisfaction;
(iv) Order travelling stock to be forthwith taken back to any place or district from which they have been or are being removed or order any carcass which is being conveyed by any means whatsoever to be forthwith taken back to any place or district from which it has been or is being removed;
(iva) Upon the authority of the Minister-( a) order the owner of a holding or saleyard to erect and
maintain in proper condition in the holding or saleyard the facilities specified in the order (which may include a crush or race) such as will enable the effective and safe examination, testing or treatment, by an inspector, of stock specified by him;
(b) order the owner of a saleyard within a tick infested area to install and maintain in proper condition in that saleyard a cattle dip;
(c) order an owner to cause stock on a holding to be mustered; (d) order an owner to hold stock on a holding for examination,
testing or treatment; (e) order an owner to treat or test stock on a holding to
his satisfaction;
(ivb)
(v)
(vi)
Question, with respect to matters under this Act, any person who is or was or who he suspects to be or to have been the owner or occupier of any premises or holding, the owner or person apparently in charge of any stock, every person whom he finds in or on any premises or holding, and every person who has been within the preceding six months employed in or on any premises or holding to ascertain whether this Act has been or is being complied with and require any such person to answer the questions put and to sign a declaration of the truth of his answers; Impound or quarantine any stock which, in his opinion, are or are suspected to be diseased, or where, in his opinion, there is a risk of the stock going or straying to or coming in contact with stock free from disease or impound or detain any animal product, carcass, biological preparation or fodder which, in his opinion, is or is suspected to be diseased. Order the destruction and disposal of diseased stock at saleyards and licensed slaughter-houses.
36 s.25 STOCK ACT 1915-1981
For the purpose of testing any stock, animal product, animal pathogen, carcass, biological preparation, fodder or soil pursuant to this Act an inspector may take specimens of any part of the stock, animal product, animal pathogen, carcass, biological preparation, fodder or soil or of internal or external parasites in or on the stock or carcass as he requires.
The pov,rer conferred on an inspector by subparagraph (a) of paragraph (iva) shall not be exercised unless the Minister is satisfied that it is not practicable to conduct an efficient and safe examination, test or treatment of the stock in question without resorting to such an order.
(lA) An inspector may at any time order the immediate destruction and disposal by an owner thereof (and, if he thinks fit, may specify in his order the means by which either or both of those things shall be carried out) of any travelling stock which in his opinion are in a moribund state or are so seriously injured as to be incapable of being either travelled or travelled without cruelty.
If an owner is not present or for any other reason the inspector considers it necessary so to do, he may destroy and dispose of, or cause to be destroyed and disposed of, any stock so found, in which cases the owner thereof shall be liable to pay all expenses reasonably incurred in the destruction and disposal of such stock, and any such expenses unpaid by such owner may be recovered by an inspector from him by action as for a debt in any court of competent jurisdiction.
The provisions of section twenty-seven of this Act shall not apply with respect to any order under this subsection of an inspector.
(2) When any stock so impounded or quarantined are, or when any animal product, carcass, biological preparation or fodder so impounded or detained is found to be diseased, the Minister or an officer of his Department to whom the Minister has by writing delegated such power either generally or in respect of the stock, animal product, carcass, biological preparation or fodder in question (which delegation is hereby authorized) may cause such stock, animal product, carcass, biological preparation or fodder to be destroyed.
In that event the Minister or such delegate shall forthwith give notice of the fact to the owner of the stock, animal product, carcass, biological preparation or fodder as the case may be if that owner is known to him.
Specimens of soil or animal pathogen taken pursuant to subsection ( 1 ) shall be disposed of as directed by the Chief Inspector.
( 3) Any stock so impounded which are not, or any animal product, carcass, biological preparation or fodder so impounded which is not diseased shall, after the expiration of 21 days from the day of impounding, if not sooner claimed and duly released, be sold, destroyed or otherwise disposed of as the Minister directs.
The proceeds, if any, arising from such sale, destruction, or disposal shall, after payment of the expenses of impounding and of sale, destruction, or disposal, be paid to the owner of the stock, animal product, carcass, biological preparation or. fodder as the case may be if he is known, and if he is not known shall be paid into Consolidated Revenne.
STOCK ACT 1915-1981 s.25A 37
Save as aforesaid, all stock so impounded shall be dealt with in all respects as if they had been impounded by a proprietor under the laws in force relating to impounding of stock.
( 4) The inspector who impounds or quarantines any stock or impounds or detains any animal product, animal pathogen, carcass, biological preparation or fodder under this section or takes any action under subsection ( lA) shall forthwith give notice of the fact to the Chief Inspector.
As amended by Act of 1930, 21 Goo·. 5 No. 35, s. 12; Act of 1940, 4 Geo·. 6 No. 11, s. 9; Act of 1946, 11 Geo. 6 No. 10, s. 12; Act of 1952, 1 Eliz. 2 No. 39, s. 7; Act of 1953, 2 Eliz. 2 No. 17, s. 9; Act of 1958, 7 Eliz. 2 No. 19, s. 9; Act of 1959, 8 Eliz. 2 No. 12, s. 6; Act of 1973, No. 32, s. 28; Act of 1978, No. 64, s. 26 (as from 1 July 1979 in a certain respect); Act of 1979, No. 59, s. 10; Act of 1981, No. 13, s. 4 (2) First Sch. Part B.
25A. Disease eradication programmes. ( 1 ) The Governor in Council may by Order in Council institute a disease eradication programme for the purposes of eradicating from the State or any part or parts thereof any disease named therein.
(2) Where a disease eradication programme has been instituted pursuant to subsection ( 1 ) any inspector or Authorized Veterinary Surgeon may at any time, with or without assistants and with such vehicle or vehicles and equipment, plant and instruments as he considers necessary for the proper discharge of his duties enter upon any holding or premises and there or at some other place suitable therefor inspect, test and treat all or any stock found by him for the purpose of eradicating any disease in respect of which a disease eradication programme has been instituted.
(3) The occupier or, if there is no occupier, the owner or, if neither the owner nor the occupier is present at the holding or premises, the person apparently in charge of the holding or premises shall aid in such entry, inspection, testing and treatment and for that purpose shall, if so ordered by the inspector or Authorized Veterinary Surgeon, muster all or any stock upon the holding or premises and, if so required by the inspector or Authorized Veterinary Surgeon, shall remove such stock therefrom to a place suitable for such inspection, testing or treatment and shall do and execute all such acts, matters and things as may be reasonably required by the inspector or Authorized Veterinary Surgeon.
( 4) The power conferred upon an inspector or Authorized Veterinary Surgeon under this section to inspect, test and treat stock in or upon any holding or premises shall include the power to identify by the insertion of an ear tag or by some other means approved by the Chief Inspector any such head of stock.
( 5) (a) Where an inspector finds in or upon any holding or premises any stock affected by a disease in respect of which a disease eradication programme has been instituted he-
(.i) may mark or brand such stock in the prescribed manner with the prescribed mark or brand;
38 s.2SA STOCK ACT 1915-1981
(ii) shall immediately upon completion of the test report his findings to the Chief Inspector or, if such test has been made in a district where a Government Veterinary Officer is stationed, to such Government Veterinary Officer.
The Chief Inspector or Government Veterinary Officer may thereupon by an order in writing under his hand order the destruction or disposal of such stock.
(b) (Repealed).
(c) Where an Authorized Veterinary Surgeon finds in or upon any holding or premises any stock affected by a disease in respect of which a disease eradication programme has been instituted he shall-
(i) mark or brand such stock in the prescribed manner with the prescribed brand or mark;
(ii) immediately upon completion of the test forward a certificate of such finding and of such other particulars as may be prescribed to the Chief Inspector or, if such test has been made in a district where a Government Veterinary Officer is stationed, to such Government Veterinary Officer.
The Chief Inspector or Government Veterinary Officer may thereupon by an order in writing under his hand order the destruction or disposal of such stock.
(d) For the purposes of this section, a positive reaction by any stock to a test for a disease (being such a test as is prescribed) shall be evidence that the stock so reacting are affected by the disease and in the absence of "vidence in rebuttal thereof shall be conclusive evidence of such matter.
(6) For the purpose of eradicating a disease in respect of which a disease eradication programme has been set up the Chief Inspector may issue an order for the destruction or disposal of all or any stock in or upon any holding or premises without such stock having been previously tested by an inspector or Authorized Veterinary Surgeon where the Chief Inspector is of the opinion that this would constitute a more efficient or economical method for eradicating the disease from that holding or premises.
(7) The order directing the destruction of any stock pursuant to this section may prescribe the manner in which, the time within which, and the person by whom such stock shall be destroyed and for that purpose may direct either that the stock be destroyed by or under the supervision of the person named therein at the holding or premises in question or that such stock be delivered at such time and place as are specified therein to a person named therein for destruction.
(8) (a) The power to make an order under subsection (5) of this section shall include the power to make such one or more orders as the Chief Inspector or Government Veterinary Officer deems necessary in the circumstances.
STOCK ACT 1915-1981 s. 25A 39
(b) The power to make an order under subsection (6) of this section shall include the power to make such one or more· orders as the Chief Inspector deems necessary in the circumstances.
(9) An order made under subsection (5) or subsection (6) of this section shall be given to the occupier or, if there is no occupier to the owner or, if neither the occupier nor the owner is present at the holding or premises, to the person apparently in charge thereof.
Any occupier, owner or person apparently in charge of any holding or premises who contravenes or fails in any respect to comply with the requirements of such an order shall be guilty of an offence against this Act.
Penalty: $500.
Upon a failure in any respect to comply with the requirements of such an order and without prejudice to any proceedings which may be taken upon such failure, the Minister may, after the expiration of 7 days from the date of such failure, direct in writing an inspector to enter the holding or premises to which the order relates and destroy or cause to be destroyed the stock specified in the order and any inspector so directed may enter such holding or premises and destroy or cause to be destroyed such stock.
For the purposes of such destruction the inspector may, if he thinks fit, remove or cause to be removed any such stock to any other place.
( 10) Any person who, except in compliance with the terms of an order made under this section, removes or procures the removal of any stock from the holding or premises in or upon which such stock were found by an inspector or Authorized Veterinary Surgeon to be affected or suspected of being affected by a disease in respect of which a disease eradication programme exists shall be guilty of an offence against this Act.
Penalty: $500.
( 11) Any person who removes, alters, defaces, renders illegible or blotches any ear tag, brand or mark tagged, branded or marked upon any stock by an inspector or Authorized Veterinary Surgeon under the authority of this section shall be guilty of an offence against this Act.
Penalty: $500.
(12) Where an inspector or Authorized Veterinary Surgeon is exercising a power conferred by this section then any person who obstructs him in his entry of any holding or premises or in his inspection, testing or treatment of any stock found therein or thereon and any person who, being thereunto required by this section so to do, fails to help him in such entry, inspection, testing or treatment as aforesaid shall be guilty of an offence against this Act.
Penalty: $500. Daily penalty: $50.
40 ss. 25B, 26 STOCK ACT 1915-1981
For the purpose of this section the terms inspector and Authorized Veterinary Surgeon include every assistant whom such a person has with him.
( 13) The right of entry conferred upon an inspector arrd Authorized Veterinary Surgeon under this section shall include all such right of ingress, egress or regress into, upon or from any holding or premises, and either for himself or his assistants, as he shall think necessary for the purposes of the proper inspection, testing or treatment of all stock found in or upon such holding or premises.
( 14) In this section-"disposal"-includes disposal at an abattoir or a slaughterhouse
licensed as such under the Meat Industry Act 1965-1977.
(15) Subject to this Act, an Authorized Veterinary Surgeon shall not incur any liability at law on account of anything done or omitted or ordered by him to be done or omitted for the purposes of this section or done or omitted in good faith and purporting to be done or omitted for those purposes.
(16) Any Authorized Veterinary Surgeon who contravenes or fails to comply with any provision of this section or who wilfully furnishes false or mis~eading particulars in any certificate issued by him pursuant to this section commits an offence against this Act.
Substituted by Act of 1978, No. 64, s. 27; as amended by Act of 1979, No. 59, ·s. 11.
25B. Compensation. Notwithstanding the provisions of section 15, where stock are destroyed or disposed of pursuant to an order or direction made under section 25A the owner of such stock shall be entitled to such compensation, if any, as may be prescribed, provided that the rate of compensation in respect of stock shall not exceed the average market value for that class of stock. Compensation payable pursuant to this section may include the cost of destroying and disposing of such stock.
Where an owner receives compensation under this section, he shall not be entitled to receive compensation, in respect of stock, under section 15 of the Act.
Inserted by Act of 1978, No. 64, s. 28.
26. Testing, treatment and isolation of stock and treatment of vehicles. ( 1) An inspector may order that-
( a) stock that is infected or suspected; (b) stock that in his opinion is in danger of becoming infected
by the spread of disease from other stock; (c) stock that is within an infected area; (d) a truck or other vehicle that is or has been used for conveying
infected or suspected stock, be, in the case of stock, tested and treated and in the case of a truck or other vehicle, treated, to his satisfaction in such manner (whether prescribed or not) as is desirable and adequate to prevent or avoid the spread of disease.
STOCK ACT 1915-1981 ss. 26A, 26B 41
(2) The Minister may from time to time by notification in the Gazette declare any biological preparation to be a restricted preparation in respect of any class or classes of stock within the State or such part of the State as is specified in the notification.
A person shall not use a restricted preparation for the inoculation of stock of a class specified in the notification declaring such preparation to be a restricted preparation unless the Chief Inspector, or any Government Veterinary Officer auth()rized by the Chief Inspector so to do, has first given his approval in writing in respect of that stock.
Such approval may be in respect of particular stock or stock within a particular area defined therein.
Substituted by Act of 1973, No. 32, s. 31; as amended by Act o.f 1979, No. 59, s. 12.
26A. (Repealed). Repealed by Act of 1981, No. 13, s. 4 (2) First Sch. Part B.
26B. Boarding kennels. ( 1 ) This seotion shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.
( 2) (a) Subject to the provisions of paragraph (a) of subsection four of this section, the Chief Inspector from time to time may grant and renew, and approve of · the assignment and transfer of, boarding kennel licenses under this Act of the following kinds:-
(i) A boarding kennel (ordinary) license; (ii) A boarding kennel (veterinary) license.
(b) A boarding kennel (ordinary) license shall while in force authorise the holder thereof, subject to compliance in every respect with the conditions prescribed for licenses of that kind, to use the premises in respect of which that license is granted as a boarding kennel, but shall not authorjse the holder to use or allow to be used those premises for the treatment by any person whomsoever of any dogs or cats received therein.
(c) A boarding kennel (veterinary) license shall while in force authorise the holder thereof, subject to compliance in every respect with the conditions prescribed for licenses of that kind, to use the premises in respect of which that license is granted as a boarding kennel and also to
·use and allow to be used those premises for the treatment by any person or persons of all or any dogs and cats received therein.
(d) Every application for the grant of a boarding kennel license under this Act or for the renewal thereof, or for the approval of any assignment or transfer of a boarding kennel license, shall be made to the Chief Inspector and shall be in the prescribed form or a form to the like effect and contain such particulars and information as may be prescribed and shall be accompanied by the prescribed fee:
Provided that the Chief Inspector from time to time may waive the prescribed fee payable upon any such application, if he is satisfied that no fee or other valuable consideration is charged and received for the reception and care of dogs and cats in the boarding kennel in question, or under such other circumstances as may be prescribed.
42 s. 26B STOCK ACT 1915-1981
(e) Every boarding kennel license under this Act, including every renewal thereof, shall be in force, subject to this Act, for such period as may be prescribed, and shall be deemed to be granted or assigned or transferred, as the case may be, subject to the conditions prescribed for licenses of the kind in question.
(f) No boarding kennel license under this Act shall be capable of being assigned or transferred except with the prior approval of the Chief Inspector, and any assignment or transfer otherwise than with such approval shall be absolutely void.
( 3) (a) No person shall at any time use any premises as a boarding kennel unless he is then the holder of a current boarding kennel (ordinary) license or boarding kennel (veterinary) license under this Act granted in respect of the premises in question.
(b) No person shall at any time use or allow to be used any boarding kennel for the treatment by any person whomsoever of any dog or cat received therein unless he is then the holder of a current boarding kennel (veterinary) license under this Act granted in respect of the boarding kennel in question or unless he is excused by the regulations.
(c) The provisions of this subsection shall apply with respect to all boarding kennels, whether established before, on, or after the coming into operation of this section.
(4) (a) No boarding kennel (veterinary) license under this Act shall be granted unless there is provided, in compliance in every respect with the regulations, if any, in that behalf or, in so far as not so prescribed, to the satisfaction of an inspector, in the premises in question and separate from the accommodation provided for other dogs and cats, suitable accommodation for all dogs and cats received in those premises and requiring or undergoing treatment.
(b) Without limiting the power to prescribe conditions subject to which all or any boarding kennel licenses under this Act shall be subject, every boarding kennel (veterinary) license under this Act shall be held subject to all the following conditions:-
(i) That the separate accommodation referred to in paragraph (a) of this subsection shall, subject to all orders in that behalf of inspectors, be maintained at all times in the boarding kennel in respect of which the license is granted by the holder of that license;
(ii) That all reasonable precautions shall be taken at all times by the holder of that license, in respect of all dogs and cats received in such boarding kennel, to prevent the spread of infectious diseases (whether a disease within the meaning of section three of this Act or not) ;
(iii) That no dog or cat shall at any time be received into such boarding kennel for the purpose of undergoing treatment, except on the production of a prior written authority of a veterinary surgeon within the meaning of the Veterinary Surgeons Act 1936-1973; and
STOCK ACT 1915-1981 S. 26B 43
(iv) That the treatment of every dog and every cat received into such boarding kennel for the purpose of treatment, shall be at the direction of the veterinary surgeon as aforesaid who authorised the reception of such dog or cat, as the case may be.
(c) In addition to any forfeiture or suspension to which the boarding kennel license may be liable upon a breach of any condition subject to which that license is held, the holder of any boarding kennel license under this Act who fails to comply in any respect with any such condition shall be guilty of an offence against this Act and may be proceeded against for that offence accordingly.
( 5) Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence against this Act and liable to a penalty not exceeding $500.
( 6) In this section, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say-
"A boarding kennel" -Premises for the reception and care therein of any dogs or cats or dogs and cats belonging to persons other than the occupier of, or persons (if any) residing on, those premises, or, belonging to such occupier or residents, of a number which exceeds such number as may be prescribed, whether the premises are used for the purpose aforesaid temporarily or permanently or whether any treatment of all or any of those animals received is carried out or not or whether the premises are used for any other purpose or not;
"Holder"-In relation to any boarding kennel license under this Act, the person who for the time being is the lawful holder thereof by grant, assignment, or transfer in pursuance of this Act.
In this section the term "treatment" shall not have a meaning corresponding to the meaning assigned by section three of this Act to the term "treated." If the Governor in Council considers it so necessary or desirable, he may by the regulations define for the purposes of this section the meaning of the term "treatment".
(7) For the purposes of this section and without limiting the general power to make regulations conferred by section thirty-one of this Act, the Governor in Council may from time to time by regulations made under that section prescribe either generally or to meet particular cases such provisions as he deems necessary or desirable, including, but without limiting the generality of the foregoing provisions of this subsection, for all or any of the following purposes:-
(i) Providing for, regulating, and controlling the licensing of boarding kennels; the renewal from time to time and the assignment and transfer of such licenses; fees payable upon applications for the grant of such licenses and for the renewal thereof and for approval to the assignment and transfer thereof; the period for which such licenses and renewalf: thereof shall remain in force; the cancellation and suspension
44 s. 26B STOCK ACT 1915-1981
of such licenses; and for the prohibition of the reception, care, and treatment, or any of these acts, of dogs and cats in boarding kennels in respect of which boarding kennel licenses under this Act are not in force;
( ii) Providing for the inspection, cleansing, and disinfection of boarding kennels and articles and things therein;
(iii) Prescribing the powers of inspectors; (iv) Providing for the furnishing of information by those
managing boarding kennels; ( v) Providing standards for the provision and maintenance of
accommodation for dogs and cats in boarding kennels suitable as respects size, cleanliness, and otherwise as prescribed, including, but without limiting the generality of the aforegoing, standards for appurtenances thereto and appliances therein, and for facilities for isolating infected dogs and cats therein; and
(vi) For securing ·that dogs and cats therein will at all times be kept in suitable accommodation and be adequately supplied with suitable food and drink and (so far as necessary) visited at suitable intervals, and that all reasonable precautions will be taken to prevent the spread among such animals of infectious diseases (whether a disease within the meaning of section three of this Act or not);
(vii) Prescribing all or any matters and things which by this section are required or permitted to be prescribed.
The power to prescribe such provisions shall include power to prescribe any provision so that it may be of general or specially limited application according to kinds of boarding kennel licenses, persons, animals, place, class, or circumstances, or otherwise as prescribed, and without limiting the generality of the aforegoing, regulations may differ in respect of the different classes of boarding kennels and the different kinds of boarding kennel licenses.
(8) After the passing of The Stock Acts Amendment Act of 1954, and before the coming into operation of this section regulations may be made for the purposes of this section (to take effect from the date of publication of those regulations in the Gazette) and applications for boarding kennel licenses under this Act may be made and fees thereupon shall be payable, and all powers may be exercised, as may be made, paid, and exercised after the coming into operation of this section, for the purpose of enabling boarding kennel licenses to be issued immediately upon this section coming into operation, and for that purpose this section shall be deemed to come into operation upon the passing of The Stock Acts Amendment Act of 1954.
(9) Nothing in this section contained shall be deemed to affect the provisions of the Veterinary Surgeons Act 1936-1973.
Inserted by Act of 1954, 3 Eliz. 2 No. 22, s. 7; as amended by Act of 1974, No. 79, s. 18 (2) Sch.; Act of 1978, No. 64, s. 30.
Commenced 1 July 1957 (P-roc. pubd. Gaz. 22 June 1957, p. 1105).
STOCK ACT 1915-1981 ss. 26c, 26o 45
26c. (Repealed). Repealed by Artificial Breeding of Stock Act 1979, No. 65 s. 4 (1) (as from
15 August 1981).
26n. Pet shops. ( 1 ) In this section, unless the context otherwise indicates or requires, .the following terms shall have the meanings respectively assigned to them, that is to say:-
"Holder"-In relation to a pet shop licence granted under this section, the person in whose name such licence is, for the time being, issued whether by way of grant, assignment or transfer;
"Pet shop"-Premises in which there is any dog, bird or cat for the purpose of sale (in such premises or elsewhere) of dogs, biros or cats: The term does not include such premises wherein the occupier resides as his usual residence unless the number of dogs, birds or cats therein for the purpose aforesaid exceeds the number for the time being prescribed.
(2) (a) The Chief Inspector, if he is satisfied that an application therefor is in conformity with this Act, may grant a pet shop licence to the applicant and may, from time to time, renew such a licence or approve of the assignment or transfer of such a licence.
(b) A pet shop licence shall, while in force, authorise the holder thereof, for so long as he complies in all respects with the conditions prescribed for a licence of that kind, to use the premises in respect of which such licence is granted as a pet shop.
(c) An application for the grant of a pet shop licence or for the renewal thereof or for the approval of an assignment or transfer thereof shall be made to the Chief Inspector in or to the effect of the prescribed form and shall contain or be accompanied by such particulars and information as are prescribed and shall be accompanied by the prescribed fee:
Provided that the Chief Inspector may waive payment of any fee where -the person who would otherwise be required to pay such fee, in the opinion of the Chief Inspector conducts or, as the case may be, proposes to conduct the pet shop concerned as an adjunct to the carrying on therein of a charitable activity directed to the prevention or relief of suffering amongst animals.
(d) A pet shop licence and every renewal thereof shall be in force for such period as is prescribed and shall be granted or, as the case may be, assigned or transferred subject to the conditions prescribed for a licence of that kind.
(e) A holder of a pet shop licence shall not purport to assign or transfer such licence except with the approval of the Chief Inspector first had and obtained in writing.
A purported assignment or transfer of a pet shop licence without such approval shall be void.
( 3) (a) A person shall not use premises as a pet shop unless he is authorised by a pet shop licence which is in force in respect of such premises so to do.
46 s.26o STOCK ACT 1915-1981
(b) The holder of a pet shop licence shall take all reasonable precautions to prevent the introduction into and the spreading amongst animals therein of any malady.
( 4) If, in the opinion of the Chief Inspector, the holder of a pet shop licence contravenes or fails to comply with any provision of this Act the Chief Inspector may cause notice to be given to such holder calling upon him to show cause within a time limited in such notice why such licence should not be cancelled.
If within the time so limited such cause is not shown to the satisfaction of the Chief Inspector he may cancel or suspend such licence which shall thereupon cease to be in force but, in the case of a suspension thereof, only for the period of such suspension:
( 5) The power of the Governor in Council -to make regulations under section thirty-one of this Act shall be deemed to include power to make regulations for all or any of the following purposes:-
(a) providing for, regulating and controlling the granting, renewal, assignment and transfer of pet shop licences, the fees payable in respect of any of the same, the period of such a licence and the conditions to which it shall be subject;
(b) prescribing forms to be used in respect of pet shop licences and the purposes for which they are to be used;
(c) providing for the cancellation and surrender of pet shop licences and the surrender of licences so dealt with;
(d) providing for, regulating and controlling the inspection, cleaning and disinfection of pet shops and of animals and things therein, the seizure, treatment, destruction or other disposal of animals and things in a pet shop;
(e) prescribing the powers of inspectors in relation to pet shops and the animals and things therein;
(f) providing for the making of returns and the supply of information to an inspector by persons conducting pet shops;
(g) providing for the standard of accommodation, food and drink of animals in a pet shop, providing for, regulating and controlling the proper treatment of such animals and (without limiting the scope of the expression "reasonable precautions" where used in this section) the precautions to be taken in and about pet shops against the introduction and spread of maladies;
(h) prescribing all matters which, by this section, are required or permitted to be prescribed.
The power to regulate includes the power to prohibit. Inserted by Act of 1965, No. 40, s. 16; as amended by Act of 1978, No. 64, s. 32. Commenced 29 Oct. 1965 (see Act of 1973, No. 32, s. 37 (I) which reads as
follows:-37. Commencement of s. 26o of Principal Act and preservation
of acts done thereunder. (1) Notwtthstanding anyN]ing oon:ta,ined in The Stock Acts Amendment Act of 1965 ·the provisions of section 26D of the Principal Act shall be deemed to have come into force on the twentyninth day of October 1965.).
STOCK ACT 1915-1981 ss. 26E-28 47
26E. Laboratories. A person shall not, without the consent in writing of the Minister, establish or maintain a laboratory.
Inserted by Act of 1978, No. 64, s. 33.
27. Appeal to Minister. 60 Vic. No.1, s. 14. Any person who thinks himself aggrieved by any order or decision of an inspector may appeal to the Minister on giving to such inspector notice in writing within seven days from the date of such order or decision of his intention to appeal.
The Minister shall, upon the making of all such inquiries, if any, as he considers necessary, determine the appeal, and his decision shall be final, and may be enforced in any court of competent jurisdiction.
As amended by Act of 1930, 21 Geo. 5 No. 35, s. 13; Act of 1954, 3 Eliz. 2 No. 22, s. 8.
28. Offences. lb. s. 23. ( 1) Every person who-( a) Introduces, travels, or removes, or attempts to introduce,
travel, or remove, or is in any way concerned in introducing, travelling, or removing, stock contrary to this Act or any order of an inspector;
(b) Travels or attempts to travel, or is in any way concerned in travelling, stock by any road or route other than a stock route;
(c) Leaves, or causes or permits to be left, infected stock or any carcass on a road or stock route;
(d) Without lawful excuse, the proof whereof shall lie upon him, leaves or causes or permits to be left any travelling stock on any road or stock route, or, without the permission of the owner of any holding, leaves or causes or permits to be left any travelling stock or any carcass on such holding;
(e) Refuses or neglects to give any prescribed notice; ( ea) Assaults, resists, obstructs, threatens, or intimidates any
inspector, Government veterinary officer, approved veterinary surgeon, or other officer in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do;
(f) Fails howsoever to obey the lawful order or any part of the lawful order of an inspector;
(g) Fails to close and secure against its being opened by stock any gate erected on a road or stock route;
(h) Gives false information to an inspector in connection with the obtaining of a permit for the removal of stock or in respect to the ownership of any stock;
(i) Not being an inspector, makes any alteration in a permit to travel stock;
(ia) Not being an inspector or person authorized by the Minister so to do, purports to issue or makes any endorsement on a permit to travel stock;
(j) Travels, or attempts to travel, or is in any way concerned in travelling, stock under the authority of a permit containing
(i) any alteration which has not been made by an inspccto~; or
48 s. 28 STOCK ACT 1915-1981
(ii) any condition endorsed thereon or any other endorsement which condition or endorsement has not been endorsed or made by an inspector or person authorized by the Minister in that behalf;
(k) Is guilty of any breach of the regulations; (1) When required by or under this Act to furnish any informa
tion to an inspector, fails to furnish that information, or furnishes information which is in any respect false or misleading;
(m) enters false information on a certificate of health relating to stock, required to be furnished under this Act;
(n) gives false information to an inspector in connexion with the obtaining or attempting to obtain any certificate that an inspector may issue under this Act,
shall be liable to a penalty not exceeding $500 or to be imprisoned for any term not exceeding six months.
Any stock left on any road intersecting or forming the boundary line of any holding shall be deemed and taken to be left on such holding.
(2) If a person to whom an order made under this Act by an inspector or a Government Veterinary Officer is directed fails to comply in all respects with the order within the time (if any) limited therefor by the order, an inspector or Government Veterinary Officer upon the direction of the Minister, may cause to be done the work required by the order and the costs and expenses of such work shall be recoverable in any court of competent jurisdiction from, in the case of an order with respect to stock or a holding, the owner and, in the case of an order with respect to a vehicle, the owner, his manager or agent or other person to whom the order in question was directed as a debt due and payable to the Crown but unpaid.
Where the order in question was made with respect to the treatment or testing of stock such costs and expenses shall, until recovered, be and remain a first charge upon the stock treated or tested notwithstanding any change in ownership thereof that may from time to time take place.
( 3) Any stock introduced, travelled, or removed contrary to this Act or any order of an inspector may be seized by an inspector or police officer, and may, at the discretion of the Minister, either be sold or destroyed.
The proceeds of every such sale shall, after deducting expenses, be paid by the inspector or police officer to the Minister, and shall be paid into Consolidated Revenue.
( 4) No person shall be required under this Act to answer any question, or give any information or to sign any declaration tending to incriminate himself.
As amended by Act of 1930, 21 Geo. 5 No. 35, s. 14; Act of 1936, 1 Edw. 8 No. 12, s. 3; Act of 1948 (No. 2), 13 Geo. 6 No. 1, s. 8; Act of 19'54, 3 Eliz. 2 No. 22, s. 9; Act of 1958, 7 Eliz. 2 No. 19, s. 13; Act of 1960, 9 Eliz. 2 No. 42, s. 13; Act o.f 1973, No. 32, s. 33; Act of 1974, No. 79, s. 18 (2) Sch.; Act of 1978, No. 64, s. 34 (as from 1 July 1979 in a certain respect); Act of 1979, No. 59, s. 13.
STOCK ACT 1915-1981 ss. 28A·30 49
28A. The office of any inspector appointed pursuant to the provisions of subsection one of section four of this Act other than an acting inspector shall become vacant if that inspector is convicted of an offence against that subsection one of section four of this Act.
Inserted by Act of 1958, 7 Eliz. 2 No. 19, s. 14.
29. Destroying notices, etc. Any person who, without the authority of the Minister or an inspector, demolishes, destroys, pulls down, erases, removes, defaces, or otherwise damages or interferes with any notice or placard fixed, posted, or placed pursuant to this Act shall be liable to a penalty not exceeding $500.
Substituted by Act of 1954, 3 Eliz. 2 No. 22, s. 10; as amended by Act of 1960, 9 Eliz. 2 No. 42, s. 14; Act o.f 1974, No. 79, s. 18 (2) Sch.
29A. Expenses of destruction, etc., of stock to be borne by the owner. Unless otherwise indicated or provided, the costs and expenses of and attendant upon the destruction and disposal or the treatment pursuant to this Act of stock shall in every case be borne by the owner of the stock so dealt with.
Inserted by Act of 1953, 2 Eliz. 2 No. 17, s. 10.
29B. Protection of Minister, etc. Subject to this Act, no matter or thing done by the Minister or by any inspector or by any officer of the Department administered by the Minister, or by any person acting with the authority of any of the persons aforesaid in good faith and without negligence for the purpose of executing this Act, shall subject the Crown, or the Minister, inspector, officer, or person as aforesaid to any liability in respect thereof.
Inserted by Act of 1965, No. 40, s. 17.
30. Procedure. 60 Vic. No. 1, ss. 24, 74. (1) (a) An offence against this Act may be prosecuted and amounts of assessments, fees or charges of any kind payable under this Act and not paid may be recovered in a summary way under the Justices Act 1886-1977 on complaint by-
(i) an inspector; or (ii) a police officer; or (iii) any other person thereunto authorized in writing by the
Minister. (b) All amounts of assessments, fees or charges of any kind
payable under this Act and not paid may be recovered by the Crown by action as for a debt in any court of competent jurisdiction.
The remedy conferred by this paragraph (b) is in addition to the remedy conferred by paragraph (a).
(2) Any person who acts in violation of this Act shall, unless for such offence a penalty is expressly provided, be liable to a penalty not exceeding $500.
( 3) When any proceedings are taken in respect of stock under this Act, the Court may, notwithstanding any change that has taken place in the meantime in the ownership or possession of the stock, give . judgment
18257-D
50. s;30A STOCK ACT 1915-1981
against the owner of the stock without any further name or description, and may by such judgment order that the amount of the judgment and costs be levied by seizure and sale of so many of the stock as are necessary to satisfy the same.
( 4) For the purpose of proving in any prosecution or proceeding under this Act or the regulations that any person knew that stock were infected or diseased-
(a) Proof that stock kept pastured on any land have been diseased for a period of seven days shall be evidence that, at the expiration of that period, the occupier of that land or his manager, agent, or superintendent knew that the stock were diseased, and in the absence of evidence in rebuttal shall be conclusive evidence of that knowledge; and
(b) Proof that travelling stock have been diseased for a period of two days shall be evidence that, at the expiration of that period, the person in charge of the stock knew that the stock were diseased, and in the absence of evidence in rebuttal shall be conclusive evidence of that knowledge; and.
(c) Proof that stock have been diseased for a period of seven days shall be evidence that, at the expiration of that period, the person who during that period was the owner, or the person who during that period was in control or charge of the stock, knew that the stock were diseased, and in the absence of evidence in rebuttal shall be conclusive evidence of that knowledge.
( 5) In a proceeding for the purposes of this Act it shall not be necessary to prove the appointment of an inspector.
As amended by Act of 1935, 26 Geo. 5 No. 9, s. 11 (ii); Act of 1948 (No. 2), 13 Geo. 6 No. 1, s. 9; Act of 1952, 1 Eliz. 2 No. 39, s. 8; Act of 1960, 9 Eliz. 2 No. 42, s. 15; Act of 1973, No. 32, s. 34; Act o.f 1974, No. 79, s. 18 (2) Sch.; Act of 1978, No. 64, s. 35; Act of 1979, No. 59, s. 14.
30A. Liability for offence by agent or employee. ( 1 ) N otwithstanding sections 7 and 23 of The Criminal Code or any other Act or law or rule of law or practice, where a person commits an offence against this Act as an agent or employee, the principal or employer, as the case may be, of that person shall be deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with committing the offence.
It is immaterial that the offence was committed without the authority or contrary to the instructions of the principal or employer.
(2) A person is not liable to be convicted for an offence against this Act committed by him as an employee if he satisfies the court that the offence was committed while the business of his employer was being conducted under the personal superintendence of that employer or of a manager or other representative of that employer, and that the offence was committed with the knowledge of that employer, manager or representative.
STOCK ACT 1915-1981 ss. 30'B-31 51
(3) Save as provided b)' subsection.· (2). this section applies so as not to prejudice liability imposed under this Act on any person by whom an offence against this Act is actually committed.
Inserted by Act of 1973, No. 32, s. 35.
30B. Liability for offences by cotpotations. ( 1 ) Where a corporation offends against this Act each and every one of llhe following persons shall be deemed to have committed the offence, and shall be liable to be proceeded against and punished accordingly, namely-
( a) the managing director, manager, or other governing officer, by whatever name called, and every member of the governing body, by whatever name called, thereof; and
(b) every person who in Queensland manages or aots or takes part in the management, administration or government of the business in Queensland of the corporation.
This section applies so as not to limit or affect howsoever the liability of a corporation to be proceeded against and punished for an offence against this Act committed by it.
(2) No person who is proceeded against pursuant to this section shall be convicted if he satisfies the court that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to all the circumstances.
Inserted by Act of 1978, No. 64, s. 36.
30c. Service of orders etc. ( 1) Any notice, order or other document authorized or required by this Act to be given to or served on any person shall be duly given or served if- · ·
(a) it is served personally on the person to whom it is directed; (b) it is left at the place of residence or business of the person
to whom it is direoted last known to the person who gives it; (c) it is sent by post to the place of residence or business of
the person to whom it is directed last known to the person who gives it.
(2) Any such notice, order or other document if addressed to the owner or occupier of any premises or holding may be given or served by delivering the same, or a true copy therf)of, to some person on the premises or holding or if the,re is no such person, by fixing the same on some conspicuous part of the premises or holding.
Inserted by Act of 1978, No. 64, s. 36.
31. Regulations. 60 Vic. No. 1, s. 11. Sched. II. The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act, or that may: be. necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or not sufficient provision in respect of any matter or thing necessary 'or expedient to give effect to this Act, providing for and supplying such om.ission or insufficiency; and~
52 Sch. I STOCK ACT 1915-1981
without limiting the generality of the foregoing provlSlons by such regulallions, provision may be made for all or any of the purposes enumerated in the Second Schedule to this Act.
Without limiting the generality of the foregoing power the Governor in Council may make regulations prescribing, regulating or prohibiting the testing, inoculation of stock, and the use of vaccines, sera and diagnostic agents.
All such regulations shall have the same force and effect as if they were embodied in and formed part of this Act.
The regulations may provide for the approval of the Chief Inspector to be the standard to be applicable in respect of a particular matter.
The power of the Governor in Council to make regulations includes power to adopt, wholly or in part, in relation to any matter provided for in the regulations any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institute, the National Biological Standards Laboratory, the Standing Committee on Agriculture or any like body identified in the regulations.
As amended by Act of 1944, 9 Geo. 6 No. 6, s. 8; Act of 1965, No. 40, s. 18; Act of 1978, No. 64, s. 37; Act of 1979, No. 59, s. 15.
[See s. 2] SCHEDULE I
No. of Act
31 Vic. No. 3S
31 Vic. No. 42
34 Vic. No. 26
3S Vic. No. 4
38 Vic. No. 9
41 Vic. No. 14
54 Vic. No. 21
60 Vic. No. 1
62 Vic. No. 6
5 Geo. V No. 12
Title of Act Extent of Repeal
"Diseases in Sheep Act of The whole except s. 69 1867"
"The Diseases in Sheep Act The whole of 1867 Amendment Act"
"The Diseases in Sheep Act The whole of 1867 Further Amend-ment Act"
"The Brands Act of 1872"
"The Brands Act of 1872 Amendment Act"
"The Diseases in Sheep Act Amendment Act of 1877"
"The Diseases in Sheep Act Amendment Act of 1890"
"The Diseases in Stock Act of 1896"
"The Diseases in Stock Act Amendment Act of 1898"
"The Brands Acts Amendment Act of 1914"
The whole except in s. 1 the definitions of "brand directory," "distinctive brand or mark," "district," "Governor," "Minister," "owner," "register," "registrar," and ''residence," and except ss. 2 to 19, 22 to 26, 29, and 31 to 37, and Schedules A to F
The whole except s. 2
The whole
The whole except ss. 8 to 12, 15, and 18, and Schedules II, III, and IV
The whole
The whole
The whole except ss. 3 and 4
STOCK ACT 1915-1981
SCHEDULE II
SUBJECT-MATTER FOR REGULATIONS
Sch. II 53
1. Movement of stock. Prohibiting or regulating the movement of stock into, within, or out of an infected area or a declared area.
As amended by Act of 1973, No. 32, s. 36 (a); Act of 1978, No. 64, s. 38 (a).
2. Isolation of stock. Prescribing and regulating the quarantine, isolation, or separation of stock in an infected area or a declared area; prescribing with respect to the closing of gates on or leading into land adjoining the boundary of a quarantine area, an infected area or a declared area; prescribing with respect to the furnishing of returns by owners of stock within a quarantine area, an infected area or a declared area and the matters to which such returns are to relate.
As amended by Act of 1973, No. 32, s. 36 (b); Act of 1978, No. 64, s. 38 (b).
3. Removal of carcasses, etc., from ship. Prohibiting or regulating the vemoval of carcasses, fodder, fittings, animal products, animal pathogen, biological preparat:ions or other things from vessels in which introduced stock have arrived in the State.
As amended by Act of 1978, No. 64, s. 38 (c); Act of 1979, No. 59, s. 16 (a).
4. Destruction of carcasses. Prescribing and regulating the destruction or disposal of stock, carcasses, fodder, fittings animal products, animal pathogen, biological preparations, or other things in an infected area, or of or used in connection with infected stock.
As amended by Act of 1978, No. 64, s. 38 (d); Act of 1979, No. 59, s. 16 (b).
5. Digging up carcasses. Prohibiting the digging up of carcasses which have been buried.
6. Cleansing infected areas. Prescribing and regulating the cleansing and disinfection of infected areas, declared areas and holdings where infected stock have been kept or pastured.
As amended by Act of 1973, No. 32, s. 36 (c); Act of 1978, No. 64, s. 38 (e).
6A. Prescribing methods of hygiene and standards of cleanliness of premises where stock are kept.
Inserted by Act of 1973, No. 32, s. 36 (d).
7. Spread of infection. Prrescribing means to be adopted for preventing, controlling and eradicating the spread of infection or disease by any person, animal, matter, or thing.
As amended by Act of 1973, No. 32, s. 36 (e).
8. Disinfection of stock. Prescribing the disinfection and cleansing of all introduced stock and the clothes and baggage of attendants.
9. Quarantine of introduced stock. Prescribing the terms of quarantine of introduced stock or stock removed kom one part of the State to another part of the State, and the charges to be paid by owners while such stock are in quarantine.
54 Sch.II STOCK ACT 1915-1981
9A. Providing for the implementation of any disease eradication programme, the powers, functions arid duties of inspectors, Authorized Veterinary Surgeons, owners of stock and other persons (including the furnishing of information and returns) and the inspection, testing and treatment of stock thereunder.
Inserted by Act of 1979, No. 59, s. 16 (c).
10. Prohibiting or regulating the introduction into the State of animal products, animal pathogen, and biological preparations; prohibiting or regulating the conveyance by road, rail, air or water within the State or along the coast of the State within its territorial waters of stock, carcasses, biological preparations, animal products, animal pathogen, fodder, bags that have been used in connection with stock or with anything associated with stock, or any thing likely to spread disease whether or not such thing is itself diseased.
Substituted by Act o.f 1973, No. 32, s. 36 (f); as amended by Act o.f 1978, No. 64, s. 38 (f); Act of 1979, No. 59, s. 16 (d).
11. Carriage of ticks, etc. Prohibiting or regulating the collection, keeping, sending or carriage . of ticks, eggs of ticks, diseased or suspected hides, animal pathogen, or any other matter or thing that may cause or tend to cause the spread of disease.
As amended by Act of 1973, No. 32, s. 36 (g); Act of 1979, No. 59, s. 16 (e).
12. Dipping, etc. Prescribing the medicaments to be used and the means to be adopted for treating infected or suspected stock and the trucks or other vehicles used for conveying them. Prescribing or regulating the inoculation of stock.
As amended by Act of 1930, 21 Geo. 5 No. 35, s. 15 (b); Act of 1965, No. 40, s. 19 (a).
13. Prescribing standards for and regulating the construction, maintenance, operation and registration of cattle dips, spray instal1ations and equipment and other places used or to be used for the treatment of stock; prescribing the charges to be made in respect of the use of any of such facilities or to be made in respect of the treatment of stock by an inspector; prescribing and regulating the sampling and testing of fluids used in such dips, installations, equipment and other places; prohibiting or regulating the use of unregistered dips, installations, equipment and other pl>aces.
Substituted by Act of 1973, No. 32, s. 36 (h).
14. Govemment dips, etc. Regulating Government dips and stations and Government quarantine stations.
15. Providing for the identification of stock generally or of certain classes of stock, whether throughout the State or in a district or part of a district and, in particular, stock that have been or are about to be tested or treated for disease; prescribing with respect to the establishment of a. scheme of identification of holdings, the registration of holdings, the licensing of owners of stock (by way of aid to or exception from the scheme of identification), the protection of such a scheme from fraudulent practices, the formation of registers and the allotment of particulars of
STOCK ACT 1915-1981 Sch.U $5
identification to owners of stock, the evidentiary value of registers and of a certificate based thereon; prohibiting or regulating the sale. of stock, or the sending or delivery of stock to an abattoir or slaughterhouse for slaughter, or the movement of stock unless such stock is identified as prescribed.
Substituted by Act of 1973, No. 32, s. 36 (i); as amended by Act of 1974, No. 79, s. 18 (1).
16. Prohibiting or regulating the holding of shows or of public sales of stock, the use of infected or suspected stock and the exposure of infected or suspected stock for sale in any place.
Substituted by Act of 1973, No. 32, s. 36 (j).
16A. Prohibiting, etc., movement, etc., of certain stock. Prohibiting or regulating the movement, sale, destruction or disposal of stock showing enlargements, swellings, or abnormalities which, in the opinion of an inspector, may be the result of disease.
Inserted by Act of 1930, 21 Geo. 5 No. 35, s. 15 (e); as amended by Act of 1946, 11 Geo. 6 No. 10, s. 15; Act of 1973, No. 32, s. 36 (k).
17. Seizure of stock etc. Prescribing and regulating the seizure, detention, destruction and disposal of infected or suspected stock or stock or any carcas,s, exposed, cavried, travelled, moved, kept, fed food refuse or othoc material or substance, or otherwise dealt with, contrary to this Act and any biological preparation, animal product, animal pathogen or other thing in relation to which a contravention of this Act has occurred, and imposing on the owner thereof liability for the expenses incurred in connexion with the seizure, detention, destruction or disposal.
Substituted by Act of 1979, No•. 59, s. 16 (f).
17 A. Feeding of stock. Prohibiting or regulating the feeding to stock at premises generally or at prescribed premises, throughout the State or in any part of the State, of food refuse or other material or substance.
Substituted by Act of 1979, No. 59, s. 16 (f).
17B. Piggeries. Prescribing and regulating the registration and control of piggeries generally or of prescribed piggeries, throughout the State or in any part of the State and prohibiting or regulating the movement of swine, for the purpose of slaughter, from piggeries registered under this Aot.
Substituted by Act of 1979, No. 59, s. 16 (f).
17c. Laboratories. Prescribing and regulating the standards of appurtenances, equipment, plant, instruments, appliances and procedures to be used in laboratories; prohibiting or regulating testing for prescribed diseases, the manufiacture, testing and use of biological preparations, the examination for internal or external parasites, the an:alysirs of toxic substances and storage and processing of animal pathogens.
Substituted by Act of 1919, No. 59, s. 16 (f).
56 Sch: II STOCK ACT 1915-1981
17o, 17E. (Repealed). Repealed by Act of 1979, No. 59, s. 16 (f).
18. Valuing stock destroyed. Prescribing the mode of ascertainment of the value of stock destroyed under this Act. Regulating applications for and the mode of payment of compensation.
19. Permits. Prescribing and regulating the issue and production of permits respecting movement and travelling of stock, and other matters and things.
20. Fees. Prescribing the fees payable by persons for matters and services arising under this Act.
21. Forms. Prescribing forms for returns, notices, wa)'lbills, and any documents or writings whatsoever under this Act and providing for the verification of any of the same by statutory declaration.
As amended by Act of 1952, 1 Eliz. 2 No. 39, s. 9 (i); Act of 1965, No. 40, s. 19 (c).
21A. (Repealed). Repealed by Act of 1978, No. 64, s. 38 (i).
22. Expenses. Prescrib~g and regulating the payment and recovery of expenses in respect of holdings and stock.
23. Qualifications of inspectors, etc. Prescribing the qualifications of inspectors (other than honorary inspectors) and of officers appointed under this Act, and of persons other than officers appointed under this Act who perform functions and carry out duties for the purposes of this Act, and requiring that, before appointment, they shall give by examination or otherwise siiti,sfactory evidence of their competency.
Prescribing the powers, functions, and duties of honorary inspectors generally, or of any particular honorary inspector, or of honorary inspectors included in any specified class of honorary inspectors.
As amended by Act of 1948 (No. 2), 13 Geo. 6 No. 1, s. 10; Act of 1973, No. 32. s. 36 (n).
24. Prescribing all matters and things which by this Act are required or permitted to be prescribed.
Inserted by Act of 1960, 9 Eliz. 2 No. 42, s. 16.
18257-By Authority: S. R. HAMPSON, Government Printer, Queensland
THE DISEASES IN STOCK ACTS AMENDMENT ACT of 1948
12 Geo. 6 No. 19
An Act to Amend "The Diseases in Stock Acts, 1915 to 1946," in certain particulars
57
[Assented to 6 April 1948]
BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. ( 1) Short title and construction. This Act may be cited as "The Diseases in Stock Acts Amendment Act of 1948," and shall be read as one with "The Diseases in Stock Acts, 1915 to 1946," herein referred to as the Principal Act.
(2) Collective title. The Principal Act and this Act may be collectively cited as "The Diseases in Stock Acts, 1915 to 1948."
2. Amended Principal Act.
3. ( 1) Amended Principal Act.
3. (2) Where by an agreement made prior to and in force at the passing of this Aot the Minister and a veterinary surgeon registered as such under "The Veterinary Surgeons Acts, 1936 to 1946" and qualified under paragraph one of subsection one of section eighteen of such lastmentioned Acts for such registration, agreed in writing upon the terms, provisions and conditions upon and subject to which such veterinary surgeon should carry out the powers, functions and duties which under and pursuant to the amendments made to the Principal Act by this Act are conferred and imposed upon an Approved Veterinary Surgeon-
(i) On and from the passing of this Act that agreement shall have the same force and effect in law as it would have if it had been made by the Minister and the said veterinary surgeon under and pursuant to the Principal Act as amended by this Act, and is hereby approved, ratified and validated accordingly; and
(ii) The veterinary surgeon who is a party to that agreement may on the passing of this Act be appointed by the Minister to be an Approved Veterinary Surgeon.
4. ( 1) Amended Principal Act.
58 DISEASES IN STOCK ACTS AMDT. ACT OF 1948
4. (2) The amount of all payments made, prior to the passing of this Act, to a veterinary surgeon from t11e Stock Diseases Fund, in pursuance of an agreement between the Minister and that veterinary surgeon which is approved, ratified and validated by subsection two of section three of this Act, shall be refunded to and paid into that Fund from the Stock Diseases Compensation Fund.
5, 6. Amended Principal Act.
18257-By Aurhcrity: S. R. HAMPSON, Government Printer, Queensland
59
THE DISEASES IN STOCK ACTS AMENDMENT ACT of 1952
1 Eliz. 2 No. 39
An Act to make Further Provision. with respect to Annual Returns of Stock by Amending "The Diseases in Stock Acts,. 1915 to 1950" in certain particulars ·
[Assented to 2 December 1952]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. ( 1) Short title and construction. This Act may be cited as "The Diseases in Stock Acts Amendment Act of 1952," and shall be read as one with "The Diseases in Stock Acts, 1915 to 1950," herein referred to as the Principal Act.
(2) Collective title. The Principal Act and this Act may be collectively cited as "The Diseases in Stock Acts, 1915 to 1952."
2. Commencement of Act. Except as h~ein otherwise provided, thi·s Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.
Commenced 15 December 1952 (Proc. pubd. Gazette 13 Oecember 1952, p. 1738).
3. Repeals and savings. The Acts specified in the Schedule to this Act (hereinafter referred to as "the repealed Acts") are repealed to the extent in that Schedule indicated:
Provided that, but without limiting the operation of The Acts Shortening Acts-
(i) Every regulation or other act of authority made or done under the repealed Acts and in force at the coming into operation of this Act shall continue in force for the purposes of, but subject to, the Principal Act as amended by this Act, until it is repealed or revoked by a further regulation or, as the case may be, other act of authority under the Principal Act as amended by this Act and shall be deemed to have been made or done under the corresponding provisions of the Principal Act as amended by this Act; _
(ii) Such repeal shall not affect any return made and forwarded or book kept or any notice given or any information given or required to be given under the repealed Acts before the coming into operation of this Act or the use of any such return or information for any lawful purpose;
60 DISEASES IN STOCK ACTS AMDT. ACT OF 1952
(iii) All penalties and forfeitures imposed under the repealed Acts and not recovered at the coming into operation of this Act may be enforced and applied as if this Act had not come into operation;
(iv) All actions and proceedings of whatever nature commenced or pending at the coming into operation of this Act under the repealed Acts may be carried on and prosecuted as if this Act had not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained;
(v) In any Act any reference to or citation of any of the repealed Acts or to or of the collective citation of Acts in which any of the repealed Acts is included, shall be deemed, unless the context otherwise indicates or requires, to be a reference to or citation of "The Diseases in Stock Acts, 1915 to 1952."
4-9. Amended Principal Act.
SCHEDULE [Section 3]
Year and number of Act Short title of Act Extent of Repeal
57 Vic. No. 10 . . "The Stock Returns Act of 1893" The whole 26 Geo. V No. 9 "The Statistics Act of 1935" Sections six, seven, eight,
and nine 6 Geo. VI No. 29 "The Stock Returns Acts Amendment The whole
Act of 1942" 10 Geo. VI No. "The Stock Returns Acts Amendment The whole
26 Act of 1946"
18257-By Authority: S. R. HAMPSON, Government Printer, Queensland
THE STOCK ACTS AMENDMENT ACT of 1965
No. 40
61
An Act to Amend "The Stock Acts, 1915 to 1960," in certain particulars
[Assented to 29 October 1965]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. ( 1) Short title. This Act may be cited as "The Stock Acts Amendment Act of 1965."
(2) Principal Act. "The Stock Acts, 1915 to 1960," are in this Act referred to as the Principal Act.
(3) Collective title. The Principal Act and this Act may be co1lectively cited as "The Stock Acts, 1915 to 1965."
( 4) Commencement of Act. The provisions of section sixteen of this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.
2-19. Amended Principal Act.
20. Ratification of certain payments. Payments made prior to the commencement of this Act from the Compensation Fund for the purpose of assisting the development of artificial insemination of dairy cattle are ratified and shall be deemed to be and to have always been lawful.
21. Application and validation of certain regulations. ( 1) Regulations with respect to any matter specified as subject matter for regulations in section sixteen of this Act may be made upon the passing of this Act and, to the extent that they are directed-
( a) to securing that pet shop licences may be granted, assigned or transferred in accordance with the provisions of the section thereby inserted into the Principal Act prior to or forthwith upon the coming into operation of section sixteen of this Act; or
(b) to providing for the period of or fees payable in respect of such a licence; or
(c) to providing the conditions of such a licence, shall be in force in accordance with the provisions of section thirty-one of the Principal Act notwithstanding that section sixteen of this Act has not come into operation.
62 STOCK ACTS AMENDMENT ACT OF 1965
(2) A regulation made pursuant to the Principal Act prior to the passing of this Act providing for verification or any return, notice, waybill, document or writing under the Principal Act by statutory declaration shall, to the extent it so provides, be deemed to be and to have always been a valid exercise of power to make regulations conferred by the Principal Act.
18257-3y Authority: S. R. HAMPSON, Government Printer, Queensland
63
STOCK ACT AND omER ACTS AMENDMENT ACT 1973, No. 32
An Act to amend "The Stock Acts, 1915 to 1965" in certain particulars; to amend "The Poultry Industry Acts, 1946 to 1965" in certain particulars; to repeal "The Pig Industry Act of 1933" and "The Buffalo Fly Control Acts, 1941 to 1965" and to provide for matters incidental thereto
[ASSENTED TO 19 APRIL, 1973]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
1. Short title and citation. This Act may be cited as the Stock Act and Other Acts Amendment Act 1973.
2. Arrangement. This Act is divided 1nto Parts as follows:PART I-PRELIMINARY, ss. 1-2; PART II-AMENDMENTS OF THE STOCK ACTS, 1915 TO 1965, ss.
3-37; PART III-AMENDMENTS oF THE PouLTRY INDUSTRY AcTs, 1946
TO 1965, SS. 38-47; PART IV-REPEAL oF CERTAIN AcTs, ss. 48-49.
3-36. Amended "The Stock Acts, 1915 to 1965".
37. Commencement of s. 26D of Principal Act and preservation of acts done thereunder. (1) Notwithstanding anything contained in "The Stock Acts Amendment Act of 1965" the provisions of section 26D of the Principal Act shall be deemed to have come into force on the twenty-ninth day of October 1965.
(2) It is hereby declared that anything done before the commencement of "The Stock Acts Amendment Act of 1965" in purported exercise of the powers conferred by that Act and that would have been lawfully done if that Act had commenced on the twenty-ninth day of October 1965 shall not be held to be unlawful by reason only that the Act was not in force at the material time.
38-47. Amended "The Poultry Industry Acts, 1946 to 1965".
64 STOCK ACTS ETC. AMENDMENT ACT 1973, No. 32
PART IV-REPEAL OF CERTAIN ACTS
48. Repeal of 24 Geo. 5 No. 6. The Pig Industry Act of 1933 is repealed on and from a date to be appointed by Proclamation.
49. Repeal of 5 Geo. 6 No. 20. ( 1) The Buffalo Fly Control Acts 1941 to 1965 are repealed on and from the first day of July 1973.
(2) On the first day of July 1973 the fund called the Buffalo Fly Control Fund kept pursuant to The Buffalo Fly Control Acts, 1941 to 1965 shall be closed and on and from that date the moneys standing to the credit of that fund as at that date shall be paid into and form part of the Stock Fund established and kept pursuant to the Stock Act 1915-1973.
( 3) The provisions of subsection ( 4) of section 6 of the Stock Act 1915-1973 relating to the making of a grant in and of the Stock Fund established under that Act shall apply in respect of moneys paid to that fund pursuant to this section as if such moneys were the amount of assessments levied and paid under that Act.
18257-By Authority: S. R. HAMPSON, Government Printer, Queensland
65
STOCK ACT AND ANOTHER ACT AMENDMENT ACT 1978, No. 64
An Act to amend the Stock Act 1915-1976 in certain particulars; to amend the Brands Act 1915-1975 in a certain particular; and for other purposes
[AssENTED TO 30 OcToBER, 1978]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Citation. This Act may be cited as the Stock Act and Another Act Amendment Act 1978.
2. Commencement. (1 ) Subject to subsection ( 2), this Act shall commence on a date to be fixed by Proclamation.
(2) Sections 5 (h), 8, 9, 18 (a) (ii), 26 (c) (ii) (B), 34 (b) and Part III shall commence on 1st July, 1979.
3. Arrangement of Act. This Act is arranged as follows:PART I-PRELIMINARY; PART II-AMENDMENTS OF STOCK AcT 1915-1976; PART III-AMENDMENT OF BRANDS AcT 1915-1975.
4-13. Amended Stock Act 1915-1976.
14. Savings with respect to existing areas. ( 1 ) Where immediately prior to the commencement of this section a part of Queensland is an infected area in respect of a specified disease pursuant to a declaration made by Order in Council under section 12 (1) (v) of the Principal Act, that part shall on such commencement be deemed to be an infected area in respect of that specified disease notified by the Minister pursuant to section 12A of the Stock Act 1915-1978.
(2) Where immediately prior to the commencement of this section any area is a protected area in respect of a specified disease pursuant to a declaration made by the Minister under section 12A of the Principal Act, such area shall on such commencement be deemed to be a declared area of the category of a protected area in respect of the specified disease in question notified by the Minister pursuant to section 12A of the Stock Act 1915-1978.
15-38. Amended Stock Act 1915-1976.
39-40. Amended Brands Act 1915-1975.
18257-By Authority: S. R. HAMPSON, Government Printer, Queensland 18257-E
INDEX TO
STOCK ACT 1915-1981
Accrediteddefined
A
Act, construction so as not to exceed legislative power of State .•
Act-defined
Acts, repealed
Acts Shortening Acts, saving of
Actual owner-defined
Agent, inspector not to act as
Aircraft. See V esse!.
Aircushion vehicle. See Vessel.
Animal-defined
Animal pathogen-defined .. destruction of . . . . . . . . no compensation payable for destruction of . . . . . . prohibiting or regulating the conveyance within State of .. regulations as to prohibition or restriction on ntroduction of seizure of unless accompanied by correct documents
Animal product-Compensation to owner on destruction of defined . . . . . . . . . . . . . . infected, destruction of . . . . . . . . . . infected, prohibition or restriction on introduction of no compensation payable for destruction of . . . . prohibiting or regulating the conveyance within State ;,i;,
regulations as to seizure of unless accompanied by correct documents
Appeal to Minister against order of inspector
Appointment of-acting inspector .. chief inspector .. honorary inspector inspector
Approved Veterinary Surgeons-agreement with Minister •. appointment of by Minister •. veterinary services, payment for
Ass. See Horse.
Assessments-milk and cream
Authorized agent-defined .. .. .. .. .. .. .. responsibility of to supply drover with waybill and permit ..
Authorized Veterinary Surgeonappointment of by Minister defined .. offences by . . . . power of to inspect, test and treat stock saving from liability . . . . . .
s. 3
2A
3
2, Sch. I
2
3
4 (l)
3
3 14 15A .•
Sch. II cl. 10 s. 12 (I)
12 (2)
15 3
14 12 (1). 15A ..
Sch. II cl. 10
s. 12 (2)
27
4 (I) 4 (I) 4 (2) 4(1)
4 (4) 4 (3) 6A ..
7A
3 19 (!) .
4 (6) 3
25A (ii;) 25A (2) 25A (15)
Page
2
2
2
2, 52
2
2
11
2
2 23 25 54 20 20
24 2
23 20 25 54
20
47
11 11 II 11
12 11 13
14
2 29
12 2
40 37 40
68 INDEX
B
Bees. See Stock.
Biological preparation-defined . . . . . . . • . . • • s. 3 .. destruction of in infected area, regulations as to prohibiting or regulating the conveyance within
Sch. II cl. 4 Siate of; Sch. II cl. 10
regulations as to prohibiting or regulating the introduction of, regulations as to restricted preparation, Minister may declare by notification
to be
Birds. See Stock.
Boarding kennel-defined .. licenses for . . . . . .. penalty for offence in relation "to power to x;nake regulations re . . . . suitable accommodation to be provided in use withou.t·a lic~nse for
Boarding kennel licenses-application, etc., for .. assignment Oi.' tranSfer of authority given by holder of, "defined kinds of . . . . . . . . not granted in certain circumstances
· period in force for . . . . . . to be held subject to certain conditions-
Boat. See Vessel.
Boil down. See Destroy.
Branding travelling sheep
Brands Act of 1872
Buffaloes. See Stock.
Burn. See Destroy.
Bury. See Destroy.
Camels. See Stock.
Carcass- . compensation to oWner on destruction of defined . . . . . . . . . •
c
infected, destruction of . . · . . . • infected, leaving on road or stock route . . . . 'Infected, prohibitiOri or restrictiOn on infroductirin of seizure of unless accompanied by correct documents
Carc;assesdestruction of
Carriage of- . stock, regulations re ticks, etc., regulations re
Cats. See Stock.
Cattle-defined . . . . . . implied warranty on sale of
Certificate-as to introduced stock by land .• as to introduced stock by vessel • • • • health, inspector may issue when requirements ~f oth~~
States have been complied with health, offence to enter false information on . . . . . • health, offence to give false information to inspector, when
obtaining
Change of ownership or possession not to affect proceedings re offence
Sch. II cl. 10 s. 26 (2)
26B (6) 26B (2) 26B (5) 26B (7) 26s (4) (a) 26B (3)
26B (2) (d) 26B (2) (f) .. 26s( 2) (b) (c) 26B (6) 26s (2) (a) 26B (4) 26s (2) (e) 26B (4) (b)
22
Sch.I
s. 15 3
14 28 (1). 12 (1) 12 (2)
Sch.n, cl. 4
Sch. II, cl. 10 Sch. II, cl. 11
s. 3 17
9 (I) 9 (3D) .•
25 (1) (i) (f)
28 (1) (m) 28 (1) (n)
30 (3)
Page
2 53 54
54 41
43 41 43 43 42 42
41 41 41 43 41 42 41 42
32
52
24 2
23 47 20 20
53
54 54
2 26
15 17 34
47 47
49
INDEX
Chief Inspector-appointment of . . . . . . . . . . • . . . approval of to be the standard to be applicable, regulations
may provide for defined . . . . . . . . . . . . • . • . may be requested to cancel concessional permit by Local
Authority or Police Commissioner · may order destruction of introduced stock . . • . . . may order destruction of stock pursuant to disease eradi
cation programme may order destruction of untested stock for economical
eradication not to deal in stock . . . . powers of, re boarding kennel licenses
Commencement of Act
Compensation-for destruction of stock pursuant to order under s. 25A not payable if owner convicted of offence . . . . . • not payable if stock destroyed under s. 25 (lA) . . . • not payable when diseased stock destroyed by Local Authority to owner on destruction of stock, etc . ..
Compensation Fund-establishment of . . . . • . . . • • • . . . to be applied in execution of Act re payment to Approved
Veterinary Surgeons
Concessional Permit-may be cancelled on request by Local Authority or Police
Commissioner owner may apply to inspector for
Condition implied on sale of cattle
Convey-defined
Corporations, liability for offences by
Cream and Milk assessments
Crossing place-appointment of . . . . introduction of stock at ..
Day old chickensintroduction into State meaning
Dealer in stock, inspector not to be
Declared area-defined . . . . . . . . Minister may notify area to be ..
Deer. See Stock.
Definitions. See Meaning of Terms.
Delegation-
D
Minister may make to holder of office under Crown Minister may revoke at will . . . . Minister may make as many as deems fit . . . . not to prevent exercise of powers, etc., by Minister .. power of, in Minister . . . . . . . . . . powers, etc., dependant on opinion etc., of Minister
Destinationdefined
Destroydefined
Destruction-compensation for, re order under s. 25A compensation to owner on 0 0
failure to comply with order for . . . . . . Minister may direct, upon failure of owner to comply of carcasses, etc., regulations re o o o o o o
of diseased stock at saleyards and slaughter-houses ..
s. 4 (I) 31
3 18 <2..\j
9A (2), (6) .. 25A (5)
25A (6)
4 (I) . 268
25B 15A 15 16 15
6A .. 6A (3)
18 (2A)
18 (2)
17
3
308
7A
12 (I) (v) 9 (3)
9 (3F) 9 (6)
4 (I)
3 12A (ij
4A (I) 4A (3) 4A (4) 4A (3) 4A .. 4A (2)
3
25B 15 25A (9) 25A (9) •. 15, Sch. II, cl. 4 25 (I) (vi) ..
...
69
Page
11 51
2 28
18, 19 37
38
11 41
2
40 25 24 25 24
13 14
28
27
26
2
51
14
20 16
17 18
II
2 20
12 13 13 13 12 13
2
2
40 24 39 39
24,53 34
70 INDEX
Destruction--continued-of impounded or quarantined st(ICk, power of Minister re of infected or suspected pasture, fodder, etc. . . of infected stock, etc. . . . . of introduced stock, in certain cases of notices, penalty for . . . . . . . . . . . . of stock found affected with disease pursuant to disease
eradication programme of stock which are, or suspected to be infected with rabies .. of stray diseased stock by Local Authority regulations as to value of stock on
Dipdefined
Dippeddefined
Dips-Minister may establish, etc. regulating ..
Disease-defined . . . . notifiable, defined
Disease eradication programme
Diseased stock-defined
Disinfection of stock
District-defined . . . . . . . . . . . . . . power of Governor in Council to constitute or abolish
Dogs. See Stock.
Drive-defined
Drover. See also Person in charge of travelling stock-defined . . . • of introduced stock-
to supply certain certificates of travelling stock-
offence to fail to produce waybill or permit . . . . offence to sell, etc., stock not properly described in
waybill penalty for failure to give notice before entering holding to deliver proper waybill with stock to produce permit and waybill .. to replace waybill if lost or destroyed
waybill-drover to be provided with . . . . • . . . endorsement of by inspector or police officer . . . . Governor in Council may declare ss. 18 and 19 inappli-
cable procedure when lost .• supply of by actual owner ••
Drovers' obligations ••
Eggs. See Animal product.
Entry on holdings-
E
powers of inspector re . . . . . . . . powers of Authorized Veterinary Surgeon as to
Expenses, of destruction, etc. borne by owner
Expenses, regulations as to ..
Experimental stations, establishment of
Evidence-of breach of implied warranty on sale of cattle, etc. stock reacting to prescribed test to be . . • .
s. 25 (2) 14 14 9A ..
29 .. 2SA (5) (6)
25 (I) (i) (h) 16 ..
Sch. II, cl. 18
s. 3
3
8 .. Sch. II eli. 13, 14
s. 3 .. ss. 3, 23
S. 25A
3
Sch. II, cl. 8
s. 3 5
3
3
9 (1), (3D) . ,
19 (4) (c) 19 (4) (g)
21 (I) 19 (7) 19 (3) 19 (2)
19 (I) 20 .. i9A .•
19 (2) 19 (I)
ss. 19, 21
s. 25 25A
29A
Sch. II, cl. 22
s. 8
17 25A (S) (d)
Page
36 23 23 18 49
37,38
34 25 56
2
2
15 54
2 2, 33
37
2
53
2 13
2
2
15, 17
30 30
32 31 30 30
29 31 31
30 29
29, 31
34 37
49
56
15
26 37
Farm. See Holding.
Feeding of stock, regulations re
Fees, regulation~ re
Fittings-
F
defined . . • . . • . . • • . . . . . . prohibitions re introduction or removal out of infected or
declared areas regulations re
Fodder-destruction of . . . . . . . . . . . • • . prohibitions re introduction or removal out of infected or
declared areas regulations re ·
Forms, regulations re ..
Fund-establishment of, etc.
G Gazette, publication of regulations in
Government Veterinary Officer-defined . . . . . . • . • • . . • • may order destruction of stock affected with disease .• pursuant to a disease eradication programme obstruction,
etc., of
Governor in Council, power of to-appoint crossing places for introduced stock •. appoint inspectors . . . • constitute and abolish districts .. declare animals to be stock .• declare any road to be a stock route declare birds to be poultry .. declare ss. 18, 19 to be inapplicable declare what are diseases •• declare what are notifiable diseases •• institute disease eradication programme make regulations . . . . . . . . . . • . prescribe route by which infected stock may travel •• proclaim operation of provisions re boarding kennels prohibit, restrict etc., travelling and removal of stock regulate and control boarding kennels • . • • suspend provisions re introduced stock
Halter. See Fittings.
Hay. See Fodder.
Health Certificate. See Certificate.
Hide. See Carcass-regulations as to carriage of
Holder-in relation to boarding kennel, defined
Holding-
H
defined . . . . . • . . • • . . drover to give notice before travelling stock upon power of inspector to enter on
Honorary inspectors-appointment of . . • . . • • • members of Police Force to be ex officio restriction as to powers of
Sch. n, cl. 17A
Scb.ll,cl. 20
s. 3 0 0
12A (2)
Sch. II, ell. 3, 4
s. 14 0 0
12A (2)
Sch. II, ell. 3, 4
Sch. II, cl. 21
S. 6A ••
31
3 0 0
25A (5) 28 (I) (ea)
12 (1) (v) 4(1) 5 3 0 0
12 (1) (iv) 3 0 0
19A •. 3 3 0 0
25A (I) 31 0 0
12 (1) (ii) 26B (1) 12 0 0
26B (7) 11
Sch. n, cl. 11
s. 26B (6)
3 21 0 0
25 (1) (i)
4 (2), Scb.. II, cl. 23 4 (2A) 4 (2)
Page
71
55
56
2 20
53
23 20
53
56
13
51
2 37 47
20 11 13 2
20 2
31 2 2
37 51 20 41 20 43 19
54
43
2 32 34
11,56 11 11
72 INDEX
Hoof. See Carcass.
Hom. See C~rcass.
Horses-defined . .. .. . .. .. when notice of entry not necessary
I
Identification, of holdings and stock, regulations re
Identify, stock by mark or brand
Implied warranty on sale of cattle, poultry, swine
Impounded siock, destruction of
Impounded stock-incorrectly described in waybill power ofinspector as to , •
Incrimination:_ person not to be required to answer questions or sign declar-
ation tending to ·
Infected-area-
defined .. .. .. .. .. .. .. Minister may notify any area to be . . . . . . Minister may declare provisions of's~ 26A to apply to ••. regulations re
stock-defined .. destruction of . . . , . . . . provision as to introduction, travelling, etc. quarantine of treatment of ..
Infection, spread of
Inoculate-defined
Inoculated. See Treated.
!4oculation, regulations re
Inspector- . ' ' . appeal from, to Minister
· appointment of ·. . . . • • . . assaulting, obstructing, threatening of, etc. assignment of, to districts defined .. .. .. .. .. .. .. destructibn of stock by, on direction of Chief Inspector destruction of stock or carcass by, on order of Minister cancellation of permit by endorsement of waybill by .. examination of introduced stock by .. exercise Of powers, etc., in any part of State failure to furnish information to general powers of . . . . give permit for introduced stock give permit for travelling stock honorary-
appointment of . . . . . . . . members of Police Force to be, ex. officio restriction of powers, etc., of ..
may affix notice that area is in quarantine not to deal in stock . . • ·. notice to, of notifiable disease . . . . . . notice to, when Local Authority destroys stock power to-
count stock .. enter holdings . . . . . . . . examine and/or test travelling stock for disease .. impound diseased or suspected travelling stock, carcass,
etc.. _ . . impound travelling stock not correctly . described on
waybill . . inspect, test and treat stock for disease
. s. 3 .. 21 (1)
Sch. II, cl. 15
s. 25A (5)
17
25 (2)
20 .. 25 (l) (v)
28 (4)
3 .. 12A (l)
. .26A (!) , , Sch. II, ell. 1, 2, 4, 6
s. 3 14 .. 12 (I) 13 (I) 26 (l)
Sch. II, cl. 7
s. 3
Sch. II, cl. 12
s. 27 .. 4(1)
28 (1) (ea) 5 3 .. 9A (6)
14 .. 18 (3) 20 .. 9(1) 5 ..
28 (1) 25 ..
9(1) 18
4 (2) 4 (2A) 4 (2)
l3 .. 4 (!)
23 (!) (b) 16
25 (!) SS. 25 (1), 25A s. 25 (!) (iii)
25 (1) (v)
20
SS. 25 (l), 25A
Page
2' 32
54
37
26
36
31 34
48
2 20 41 53
2 23 20 21 40
53
2
54
47 '11 47 l3 2
19 23 28 31 15 l3 47 34 15 26
11 11 11 21 11 33 25
34 34, 37
34 34
31
34, 37
Inspector--continuedpower to-continued
INDEX
inspect travelling stock, permit, waybill etc. • . order destruction of diseased stock at saleyards an"d
slaughter-houses order destruction of moribund travelling stock . • . . order muster of stock, on authority of Minister .. order travelling stock, carcass to be taken back to place
from which being removed order treatment of stock provide husbandry services quarantine an area . . . . . . . . . quarantine diseased or suspected travelling stock or
carcass question owner or occupier of holding, etc. search any premises or holding . . . . seize and destroy carcass . . ' . . seize and destroy stock .. stop and detain travelling stock .. upon authority of Minister, order-
owner of holding or saleyard to erect crush owner of saleyard to install dip . . . . • • owner to hold stock for examination, testing,
treatment owner to muster stock owner to treat or test stock
powers as tointroduced stock pet shops . . . . . . . . . . . . prescribing powers, functions, qualifications, etc., of protection of swine, keeping of .. where order disobeyed vacation of office of
Interpretation of Terms. See Meaning of Terms.
Introduced stock-barring of claim for compensation by owner for stock
destroyed by aircraft; permit required, etc. by ship or aircraft, restrictioris re compensation on destruction of day old chickens .. defined . . . . . . . . delivery of certificates to inspector destruction order, contents of, ·etc. destruction of in certain cases .. examination of, at place of entry notice to be given to insPector .. offences as to . . . . . . . . . . penalty for breaches re delivery of certificates penalty for failure to comply with order re deiivery ~f
certificate power of entry of inspector re . . . . . . . . prohibition of introduction of infected or suspected stock provisions as to, may be suspended . . . . recovery of expenses incurred by inspector re .. regulations as to . . . . . . . . . . restriction on introduction of . . . . seizure and destruction of, for illegal act service of notice of destruction order .. testing, observation and treatment of .. to have a health certificate . . . . . . to pass border at appointed crossing place .. where no inspector stationec:l at crossing-place
Isolation of stock-regulations as to . . . . . . . . . . . . upon becoming aware of existence of notifiable disease
Laboratorydefined .. regulations re
Legibly brandeddefined
Lessee. See Owner.
Levy, or assessment ori milk and/or cream
L
i;. 19 25 (1). (v)
25 (lA) 25 (1) (iva) 25 (1) (iv)
26 25 (1) (ig) 13 .. 25 (1) (v)
25 (1) (ivb) 25 (1) (ib) 12 (2) 28 (3) 25 (1) (ii)
25 (1) (iva) •. 25 (1) (iva) .. 25 (I) (iva) ..
25 (1) (iva) .. 25 (1) (iva)
9 26D
Sch. II, cl. 2.3. S. 29B ..
24 28 (2). 28A ..
9A (8)
9 (3B) 9 (3c)
15 .. 9 (3F) 3 . . . . 9 (1), (3D) .. 9A (3) .. 9A (1) (2) (3) 9 (I) 9 (3A)
ss. 9 (4), 28 S. 9 (3E)
9A (5)
9A (6) 12 11 .. 9A (7) . . . .
Sch. II, ell. 3, 8, 9, 10, 17 .. s. 9 (2)
28 (3) 9A (4) 9 (2) .. 9 (1), (3D) .. 9 (3) 9 (I) (b)
Sch. II, cl. 2 s. 23 ..
3 .. Sch. II, cl. 17c
s. 3
7A ..
53,
73
Page
29 34
34 34 34
40 34 21 34
34 34 20 48 34
34 34 34
34 34
15 45 56 49 34 48 49
19
17 17 24 17 2
15, 17 18 18 15 16
17,47 17 19
19 20 19 19
54, 55 16 48 19 16
15, 17 16 15
53 33
2 55
2
14
74 INDEX
Liability-for offence by agent or employee for offences by corporations • • . . • • . • • . saving from in matters done in good faith for purposes of Act
Licensee. See Owner.
Litter. See Fodder.
Local Authority-defined . . . • . . . • . . • . destruction of diseased stock by . • . . may apply for special permit re straying stock . • . . may request Chief Inspector to cancel a concessional permit
Local Authority Areadefined
Manure. See Fodder.
Market value of stock-defined . . . . . . • . • . assessment of for compensation purposes
Meaning of termsaccredited .. actual owner animal .. animal pathogen animal product • . . . approved veterinary surgeon authorized agent . . . . authorized veterinary surgeon biological preparation boarding kennels •. carcass cattle .. Chieflnspector .. compensation fund convey .. day old chickens declared area destination destroy dip .. dipped disease .. diseased stock disposal district drive drover factory fittings fodder . . . • . . government veterinary officer holder (re boarding kennel) holder (re pet shops) holding horses infected .. infected area infected stock inoculate .. inspector .. introduced stock laboratory legibly branded local authority .. local authority area market value of stock minister . . . . neighbouring holding notifiable disease .. officer of police •• order owner . . . . owner (of factory) pet shop
s. 30A 30B 29B
3 16 .• 18 (28) 18 (2A)
3
3 15
3 3 3 3 3 3 3 3 3
26B (i;j 3 3 3 6A (ij 3 9 (6). 3 3 3 3 3 3 3
2SA (i4) 3 3 3 7A c7j 3 3 3
26B (i;j 26o (1)
3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 7A (7)
260 (1)
Page
so 51 49
2 25 28 28
2
2 24
2 2 2 2 2 2 2 2 2
43 2 2 2
13 2
18 2 2 2 2 2 2 2
40 2 2 2
15 2 2 2
43 45
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
IS 45
Meaning of terms-continued police officer poultry premises .. prescribed .. regulations road saleyard sheep sprayed . . . . stabled and groomed stock .. stock route suspected .. swine tag .. tested (test) this Act .. travelling stock . . . . travelling stock (saleyard) treated vessel
Meat. See Carcass.
Medicaments, regulations re
Milk and cream assessments ..
Minister-appeal to from order of inspector defined . . . . . . . . . .
INPEX
discretion as to sale or destruction of stock may appoint approved veterinary surgeons may appoint authorized veterinary surgeons may appoint honorary inspectors . . . . . . . . may declare biological preparation to be restricted preparation may delegate powers, etc.
may direct destruction of stock . . • . • . . . may direct ·inspeCtor to carry out certain work at owner's
expense may enter into agreement with approved veterinary surgeons may establish dips, experimental and quarantine stations .. may make assessments on milk and cream may notify infected or declared areas .. power of, as to destruction of impounded ·~r quMantin~d
stock power to-
order destruction of infected stock . . • • . . release area from quarantine . . . . . . . . require stock in infected or declared areas to be tested
or treated saving from liability in respect of matters done in good faith
Mule. See Horse.
Neighbouring holdingdefined
Notice-
N
by drover before travelling stock enter holding, penalty for failure to give
by inspector when certificates re introduced stock not pro-duced
destruction of, penalty for . . . . . . . . . . of notifiable disease, owner and veterinary surgeon to give .• of proposed introduction of stock . . • • • • . . prescnbed, refusal or neglect to give, penalty re quarantine may be affixed by inspector . . . . service of, re introduced stock . . . . . . . . to inspector re destruction of stock by local authority
s. 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3
Sch. II, cl. 12
S. 7A ••
27 3 ..
28 (3) 4 (2) 4 (3) 4 (6)
26 (2) .• ss. 4A, 13, 14, 25 (2)
s. 25A (9) 28 (2)
4 (4) 8 7A ••
12A (I) 25 (2)
14 13 .. 12A (2)
29B ••
3
21
9A (I)
29 •• 23 (1) (2)
9 (3A) 28 (1) 13 .. 9A (4)
16
75
Page
2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2
54
14
47 2
48 11 11 12 41
12, 21, 23, 36 39 48
12 15 14 20 36
23 21 20
49
2
32
18
49 33 16 47 21 19 25
76 INDEX
. otifiable disease-defined . . . • . . . . . . existence of-notices to inspector by owner or veterinary
surgeon
Notification by drover to owner of holding
0
Obstruction, etc., of inspector, penalty
Occupier. See Owner.
O.ffal. See Carcass.
Offences-attempting to introduce stock in contravention of Act failure of drover to deliver completed waybill .. failure of drover to give notice of entry to holding .. failure of owner to comply with order under s. 25A .. failure to brand travelling sheep . . . . . . failure to comply with provisions re boarding kennels failure to comply with provisions re introduced stock failure to deliver health certificate re introduced stock .. failure to deliver cancelled permit on demand . . . . failure to comply with provisions re travelling stock, permits
and waybills etc., failure to furnish information to inspector general . . . . . . inspector dealing in stock . . . . introduction of prohibited stock, carcass etc., to· i'nfected,
declared area obstructing or preventing treatment, testing of stock .. obstruction of inspector or Authorized Veterinary Surgeon .. person not to be required to incriminate himself proceedings in respect of, procedure, etc. . . . . . . purchasing or receiving stock from drover not accurately
.. described on waybill removing, altering, defacing, etc., brand or mark on stock .• removing diseased stock except in compliance with order removing stock from quarantine area without authority
Order-defined . . . . of Chief Inspector re-
destruction of introduced stock .. destruction or disposal of diseased stock destruction or disposal of untested stock r~ ·disease
eradication programme of inspector-
appeal to Minister against . . . . . . cleansing of premises in which swine are kept .. destruction and disposal of stock in moribund state failure to obey an offence against the Act . . . . for owner to muster stock and remove to suitable place
for inspection for owner to treat stock . . . . . . . . Minister may direct work to be done thereunder .. on authority of Minister, for mustering, maintaining
facilities, holding stock, etc. that stock or carcass be taken back to place from which
being removed of Minister, re destruction of infected stock, carcass, fodder,
etc. service of ..
Owner-compensation to,· on destruction of stock defined .. of holding-
to aid in entry of, and testing etc. of stock of introduced Stock- . . . . . . . .
certain expenses may be recovered from .. re failure to produce certificates .·. . . no claim for compensation re destroyed stock notice to, on failure to produce certificate
of Stock-compensation not payable to if convicted of offence
of travelling stock-to give notice, if required .. to give notice of disease in . . . . to obtain permit before starting to travel
s. 3 23
21
28 (1)
9 (4) 19 (7) 21 .. 25A (9) 22 .. 26B (5)
9 (3E) 9 (3E)
18 (3) 19
28 (1) (k) 28 .. 4(1)
12A (4)
12A (4) (d) 25A (12) 28 (4) 30 .. 19 (6)
25A (11) 25A (10) 13
9A (2-8) 25A (5) 25A (6)
27 24 .. 25 (lA) 28 (1) (f) 25A (3)
26 (1) 28 (2) 25 (1) (iva)
25 (I) (iv)
14 (I) (2)
30c
15 3
25A (3) 9A (7) 9A (2) 9A (8) 9A (1)
15A
18 23 .. 18 (1)
..
.Page
2 33
32
47
17 31 32 39 32 43 17 17 28 29
47 47 11 21
21 39 48 49 31
39 39 21
2
18, 19 37 38
47 34 36 47 37
40 48 34
34
23
51
24 2
37 19 18 19 18
25
26 33 26
INDEX
p Pen. See Fittings.
Penalties. See Offences.
Permit-to travel stock-
cancelled permit to be delivered to inspector on demand concessional, re travelling stock .. drover to be in possession of . . . . . . . . .. Local Authority or Commissioner of Police may request
cancellation of concessi anal notice may be required to accompany application for , . offences re . ·. ·. . . . . . · particulars to be supplied in notice· .. provisiOns re inapplicable in certain cases special, for straying stock to pound
Person in charge of travelling Stock-See Droverprovisions re permit and waybill (general) to be in possession of permit and waybill to give notice before entering holding .•
Pet shop-defined . . . . provisions re (general)
Pig. See Swine.
Piggeries, regulations as to registration and control of
Police Force, member of-may inspecnravelling stock .• to be ex officio honorary inspector
Police Officer-defined
Poultry-defined . . . . . . implied warranty on sale of
Pounds, impounding of stock therein
Premises-defined
Prescribeddefined
Procedure in respect of offences
Punt. See Vessel.
Purchase of stock not fully and accurately described, etc., an offence
Q Quarantine-
inspector may quarantine area . . . . . . inspector may affix notices that area is placed in of stock or carcass regulations as to . . . . . . . . stations, establishment and maintenance of stock or carcass may be destroyed . . . . . . unauthorized removal of stock from quarantine area an
offence
R Recovery of expenses-
for work done on direction of Minister in respect of holdings and stock .. incurred in destruction of moribund stock
Regulationsbreach of defined . . . . . • jurisdiction of Parliament power to make- ..
re boarding kennels re pet shops . . . .
subject matter for, generally
s. 18 (3) -18 (2) 19 (1) 18 (2A)
18 (1) 19 (4) 18 (1) 19A . ." 18 (2B)
19 .• 19 (1) 21
26o (1) 26o ..
Sch. II, cl. 17B
s. 19 (3) 4 (2A)
3
3 17
20
3
30
19 (6)
13 13 .. 25 (1) (v) ••
Sch. II, ell. 2, 9, 14 s. 8 ..
25 (2) 13
28 (2) Sch. II, cl. 22
s. 25 (lA)
28 (1) 3
31 31 .. 26B (7) 26o (5)
Sch. II, cl. 24
Page
77
28 27 29 28
26 30 26 31 28
29 29 32
45 45
55
30 11
2
2 26
31
2
2
49
31
21 21 34
53,54 15 36 21
48 56 36
47 2
51 51 43 46 56
78
Removal of stock-from quarantine an offence . . . . permit arid waybill in respect of (general) powers as to
Repeal of certain enactments
Road. See also Stock routl>-defined . . •• . • • . leaving infected stock or carcass on power to declare a stock route •.
Route-
INDEX
for infected, etc., stock, power to prescribe for travelling stock, to be fixed, etc. • . meaning of term (stock route)
Run. See Holding.
s Sale-
of cattle, poultry, swine, implied warranty on of suspected stock, regulations re .. of stock by drover
Saleyarddefined
Search-power of inspector to
Seize-power of inspector to
Seizure of-carcass, introduced, etc. . . . . carcass, etc., regulations re .. destruction of stock, introduced, etc. stock by inspector or police officer
Service-of destruction order re introduced stock •• of notice to produce certificates re introduced stock of orders generally
Sheep-defined . • . . travelling, branding of
Sheep Acts, repealed ••
Ship. See also Vessel-Stock introduced by, restrictions as to
Short title
Skin. See Carcass.
Special permit-Local Authority may apply for to travel straying stock to
pound
Sprayed-defined
Stable. See Fittings.
Stall. See Fittings.
Standard-approval of Chief Inspector to be applicable in particular
matter, regulations may provide for
Station. See Holdings.
Stock-dealing by inspector prohibited defined .. destruction of diseased .. disinfection of .. fees for treatment of
s. 13 ss. 18-19. s. 12
2, Sch. I
3 28 o) (c) 12
12 18 3
17 Sch. II, ell.' i6, 16A.
s. 19 (6) (7)
3
25 (I) (ib)
25 (I) (ic)
12 (2) Sch. II, cl. 17
s. 9A .. 28 (3)
9A (4) 9A (4)
30c
3 22
Sch. I
s. 9 (38)
I
)8 (2B)
3
31
4 (I) 3
14 16 ..
Sch. II, cl. 8 Sch. II, cl. 20
.. I
Page
21 26-29
20
2, 52
2 47 20
20 26
2
26 55 31
2
34
34
20 55 18 48
19 19 51
2 32
52
17
2
28
2
51
11 2
23 25 53 56
Stock-continued impounding introduced-'-
INDEX
by aircraft, when permit required . . . . by ship or aircraft, restrictions as to entry destruction of, in certain cases . . . . penalties for breaches re . . . . place of entry, owner to give notice of production of health certificates as to to cross at appointedplaces
introduction-from adjoining State , . may be prohibited or restricted
h:ft on road · 00 00 00
tnovements .. permit to travel •. route-
defined oo 00 oo oo
leaving infected stock or carcass on power to declare
travelling-defined oo 00
permits and waybills
Stock Diseases. Compensation and Stock Improvement Fund-moneys payable into . . . . . . . . • . , . payments authorized out of
Stray diseased stock, destruction of •.
Superintendant. See owner.
Suspected-defined 00 00 00 oo oo oo
stock, provision re introduction, travelling, etc.
Swine-defined 00 00 00
implied warranty on sale of •• to be kept in sanitary condition
Terms. See Meanings of Terms.
Test-defined 00 00 00 00 00
positive reaction to, evidence of disease stock-
T
power of inspector to • . . . . . . . . . owner may be ordered to, upon authority of Minister ..
Tested-certificate that stock have been, when introduced to Queens
land defined
This Actdefined
Traffic hazard-Commissioner of Police may request Chief Inspector to
cancel concessional permit if travelling stock considered as
Travelling sheep, branding of
Travelling stock-defined 00 oo 00 oo 00 oo 00 00
drover of, penalty for failure to give notice before entering holding
drover to be in possession of permit and waybill for .. endorsement of waybill by police officer or inspector impounding stock incorrectly described on waybill .. inspection of by member of police force or inspector .. inspector may detain, examine, stop, test, etc. offences of drover in respect of . . . . offences as to-General .. permit for-
cancellation of by inspector .. to be obtained before start of journey
79
Page
s. 20 31
9 (3il~ 17 9 (3c 17 9A oo 18 9 (3E) 17 9 (3A) 16 9 (3D) 17 9 (3) 16
9, Sch. II, ell. 3, 9 .. 12 00 00 00
IS, S3 20
28 (I) (c) 47 Sch. II, cl. I 53
ss. 18, 19 26--29
s. 3 2 28 (lj (c) 47 12 00 20
3 2 ss. 18, 19 ° 26--29
s. 6A (2) 14 6A (3) 14
16 25
3 2 12 20
3 2 17 26 24 34
3 2 2sA <5> <d> 37
SS. 25 (1), 25A , , 34,37 s. 25 (I) (iva) (e) 34
9 (1), (3D) , , 15, 17
3 2
3 2
18 (2A) 28
22 32
3 2 21 o) · 32
19 (I) 29 20 31 20 31 19 <i>' 30 25 (I) 34 19 (4) 30 28 47
18 (3) 28 18 (I) 26
80 INDEX
Travelling stock-continued permit re-
offence to fail to produce . . • • particulars to be inserted in notice re .. provisions re not applicable in certain cases when drover to prodUce . . . .
power of inspector to order destruction of presumptions of knowledge of disease in regulations as to permits . . . . restriction on . . . . seizure and destruction of waybill for . . . . waybill re-
offences in respect of. . . to be retained by purchaser of when drover to produce
Treated-defined . . . . . . . . • • inspector may order stock on vehicles to be
Treatment of stock-fees for . . . . . . powers of inspector ·as to regulations as to ..
Tuberculosis. See Disease.
u Under Secretary, Department of Agriculture and Stock, assess
ments on milk and cream to be paid to
Vaccination. See Inoculate.
Vessel-defined . . . . . . . . . . regulations re removal of carcasses from
Veterinary officers-re post mortem examination of stock
Veterinary Surgeon-approved-
appointment of defined
authorized-appointment of defined . . . . . . . .
Minister maY enter into agreement with payments to, from Compensation Fund
v
w Warranty-
implied on sale of cattle, poultry and swine
Waybill-drover to be in possession of . . . . endorsement of by police officer or inspector for travelling stock-
offence to fail to produce . . . . . . . . offence to sell, etc., stock not properly described in .. penalty for offence to buy, etc., stock not properly
described in proper, to be delivered with stock to be replaced if lost or destroyed to be retained by purchaser when to be produced
s. 19 (4) (c) 18 (I) 19A .•. 19 (3) 25 (!A) 30 (4)
Sch. II, cl. 19 s. 12 ..
28 (3) 19
19 (4) (c) 19 (8) 19 (3)
3 .. 26 (1)
Sch. II, cl. 20 25 . . . .
Sch. II, ell. 12, 13, 14
s. 7A (3)
3 Sch. II, cl. 3·
s. 15
4 (3) 3
4 (6) 3 4 (3). 6A .•
17
19 (I) 20
19 (4) (c) 19 (4) (g) 19 (6)
19 (7) 19 (2) 19 (8) 19 (3)
18257-By Authority: S. R. HAMPSON, Government Printer, Queensland
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