LIVESTOCK DISEASE CONTROL ACT 1994

Victorian Current Acts

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LIVESTOCK DISEASE CONTROL ACT 1994

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Objectives
5. Binding of Crown
6. Governor in Council may make Orders

PART 2--PROVISIONS APPLYING TO DISEASES GENERALLY

Division 1--Responsibilities of owners and others

7. Notification of diseases
7A. Minister may declare unusual circumstances of disease or death in livestock
7B. Notification of unusual circumstances of disease or death in livestock
8. Separation of livestock
8A. Requirements for vendor declarations when livestock moved
9. Identification of livestock
9A. Permanent identification of livestock
9B. Property identification codes
9BA. Cancellation of property identification code
9BB. Review of cancellation of property identification code
9BC. Offence to use property identification code no longer in force
9C. Requirements for manufacturers of tags and devices
10. Entry of livestock etc.
11. Quarantine areas
12. Offences

Division 2--Controls over livestock

13. Separation or isolation of livestock
14. Destruction or disposal of livestock
15. Destruction or disposal of diseased livestock
16. Testing for diseases
16A. Secretary may make determinations relating to testing for diseases

Division 3--Agreements and contracts

17. Agreements with owners of livestock
18. Contracts with veterinary practitioners

PART 3--EXOTIC DISEASES

Division 1--Preliminary

19. Application of this Part to land
20. Application of this Part to livestock

Division 2--Declared areas

21. Declaration of infected place
22. Declaration of infected vehicle
23. Notice of order declaring area or vehicle infected
24. Permit for entry or exit
25. Entry and exit points
26. Declaration of restricted area
27. Permits for activity in restricted area
28. Entry to and exit from restricted areas
29. Control area
30. Permit for activity in a control area
31. Further powers under Orders declaring restricted or control areas

Division 3--Importation orders

32. Border security
33. Contravention of importation order
34. Publication of importation order
35. Duration of importation order

Division 4--Destruction orders

36. Destruction of buildings and vehicles
37. Notice of destruction order
38. Enforcement of destruction order

Division 5--Exotic disease agents

39. Possession or administration of exotic disease agents

Division 6--General

40. Other powers and liabilities not affected

PART 4--PROVISIONS FOR PARTICULAR LIVESTOCK

Division 1--Pigs

41. Prohibitions relating to the feeding of pigs
41A. Secretary may issue permit
41B. Minister may declare that offences apply to certain materials specified in section 41(2) and (3)

Division 2--Sewage farm cattle and pigs

42. Definitions and application
43. No cattle or pigs on sewage land
44. Water corporation may graze cattle
44A. Notification in relation to exposed cattle or pigs
44B. Offence to sell exposed cattle or pigs

Division 3--Dairying animals

45. Prohibition of use of cow, goat, sheep or buffalo for dairying

Division 5--Bees

48. Registration of beekeepers
49. Biennial fees
50. Hives to be marked with registered brand
51. Disposal and acquisition of hives
52. Exposure of bees to infected articles etc.
53. Access of bees to honey etc.

Division 6--Artificially bred livestock

54. Application of Division
55. Sale of semen prohibited except from approved sires
56. Sale of diseased semen prohibited
57. Premises for collection of semen to be licensed
58. Training courses about artificial breeding

PART 5--COMPENSATION

Division 1--Exotic diseases compensation

59. Exotic Diseases Fund
60. Payment out of Fund
61. Compensatable exotic diseases
62. Payment of compensation
63. Amount of compensation
64. Reduction of compensation
65. Review by Victorian Civil and Administrative Tribunal

Division 2--Bees compensation

66. Honey Bee Compensation and Industry Development Fund
67. Payments out of the Fund
68. Compensatable disease
69. Compensation
70. Apicultural Industry Advisory Committee

Division 3--Cattle compensation

71. Cattle Compensation Fund
72. Payments out of the Fund
73. Compensatable diseases
74. Amount of compensation
75. Payment of compensation
76. No compensation payable
77. Compensation payable out of Fund
78. Sale of carcases etc.
79. Cattle Compensation Advisory Committee

Division 3A--Sheep and goat compensation

79A. Sheep and Goat Compensation Fund
79B. Payments out of the Fund
79C. Compensation payable for declared diseases
79D. Amount of compensation
79E. Payment of compensation
79F. No compensation payable
79G. Compensation payable out of Fund
79H. Sale of carcases etc.
79I. Sheep and Goat Compensation Advisory Committee

Division 4--Swine compensation

80. Swine Compensation Fund
81. Payments out of the Fund
82. Compensatable diseases
83. Payment of compensation
84. No compensation payable
85. Amount of compensation
86. Sale of carcases etc.
87. Swine Industry Projects Advisory Committee

Division 5--General

88. Claims for compensation
89. No compensation for loss of profit etc.
90. Valuation of livestock
91. False claims

PART 6--DUTY AND RECORDS

92. Payment of duty by owner of cattle, sheep, goats or pigs
94A. Records of sales and purchases
94B. Notification about livestock slaughter or disposal
95. Payment of duty by approved agents in respect to cattle
95A. Payment of duty by approved agents in respect to sheep and goats
95B. Payment of duty by approved agents in respect to pigs
96. Offences
96A. Suspension of requirement to pay duty
96B. Evidence of ownership of livestock

PART 7--ADMINISTRATION

Division 1--Administration of licences, registrations etc.

97. Applications
98. Grant or refusal
99. Term of licence or registration
100. Cancellation or suspension
101. Reviews by Victorian Civil and Administrative Tribunal

Division 2--General

102. Delegations by Minister
103. Delegations by Secretary
104. Fees
105. Protection of control programs
106. Protection of persons assisting inspector
107. Non-compliance under order
107A. Information collection
107B. Record-keeping by Secretary and availability of records
107C. Secrecy
107D. Disclosure of information to Commissioner of State Revenue in relation to the administration of duty

PART 8--ENFORCEMENT

Division 1--Inspectors

108. Inspectors

Division 2--General powers of inspector

109. General powers of inspectors
110. Quarantine notice
111. Duration of notice
112. Offence
113. Disinfection notice
114. Offence
115. Treatment notice
115A. Identification notice
115AB. Removal notice in relation to feeding of pigs

Division 3--Additional powers of inspectors for exotic diseases

115B. Inspectors powers in this Division are in addition to general powers
116. Search and entry and other powers
117. Notice requesting assistance
118. Power to obtain information
119. Power of seizure and impoundment
120. Seized livestock and property
121. Powers of entry with warrant
121A. Secretary may request information relating to land from Councils

Division 4--Additional powers with respect to bees

122. Inspector may order hives to be cleaned
123. Construction of hives
124. Direction to attend at hives
125. Abandoned hives

Division 5--Infringement notices

126. Power to serve a notice
129. Penalties to be paid for offences under infringement notices

Division 6--Provisions related to court proceedings

132. Power to file charge-sheets under this Act
132A. Time for charging certain offences under this Act
133. Service of documents
134. Persons liable for offences

Division 7--General

135. Suspicion of infection
136. Evidence of certain matters
137. Offences relating to enforcement
137A. Offence to make false or misleading statements
138. Supreme Court—limitation of jurisdiction
138A. Supreme Court—limitation of jurisdiction

PART 9--REGULATIONS

139. Regulations

PART 10--REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS

143. Transitional provisions
144. Saving of records of cattle sales kept under Auction Sales Act 1958
145. Transitional provision—Primary Industries Legislation Amendment Act 2009
146. Transitional provision—Primary Industries Legislation Amendment Act 2009
147. Transitional provision—Primary Industries Legislation Amendment Act 2010
148. Transitional provisions—Primary Industries Legislation Amendment Act 2010
149. Transitional provision—Primary Industries Legislation Amendment Act 2014
150. Transitional provisions—Agriculture Legislation Amendment Act 2022
SCHEDULE 1
SCHEDULE 3
ENDNOTES

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