(1)  The driver of a vehicle being used to transport livestock must ensure that the vehicle –

(a) is suitable for the type of livestock being transported; and

(b) has effective and appropriate airflow for the type of livestock being transported; and

(c) has a surface of flooring that –

(iii) in the case of a horse, is non-slip or low-dust bedding; or

(iv) in any other case, minimises the likelihood of injury to the livestock from slipping or falling; and

(d) is free from any defect that may cause injury to the livestock; and

(e) has sufficient vertical clearance immediately above the livestock to minimise the risk of injury to the livestock.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(2)  For the purposes of subregulation (1)(b) , a vehicle being used to transport horses across Bass Strait is taken to have effective and appropriate airflow if –

(a) the compartment of the vehicle in which the horses are housed for transportation has an opening, to the outside of the vehicle –

(i) on, as a minimum –

(A) both the front and the rear of the compartment; or

(B) both sides of the compartment; or

(C) the roof of the compartment; and

(ii) that provides, in aggregate, an opening area (for ventilation) of at least 0.5 metres squared for each adult horse contained within that compartment; or

(b) the vehicle –

(i) has been commercially built for the purpose of transporting horses; and

(ii) contains not more than 2 horses at any one time; and

(iii) has an opening from the compartment of the vehicle, in which the horses are housed for transportation, to the outside of the vehicle –

(A) on both the front and the rear of the compartment; and

(B) that provides an opening area (for ventilation) of at least 0.4 metres squared per opening.

(3)  The driver of a vehicle transporting livestock must ensure that the vehicle and any ramp used to load or unload the livestock are properly aligned and sufficiently close together so as to minimise the risk of injury to the livestock.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.