Animal (Brands and Movement) Act 1984 (Tas)

Animal (Brands and Movement) Act 1984 An Act to provide for the compulsory identification of cattle, sheep, pigs and other animals, the regulation of the movement of animals, a system of permanent identification of animals, and incidental and other purposes [Royal Assent 18 April 1984] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART I - Preliminary 1. Short title This Act may be cited as the Animal (Brands and Movement) Act 1984 . 2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent. (2) Except as provided in subsection (1) , this Act shall commence on such day as may be fixed by proclamation. 3. Interpretation In this Act, unless the contrary intention appears – animal has the same meaning as in the Biosecurity Act 2019 ; appointed day means the day declared, by order under section 4 , to be the appointed day for the purposes of a provision of this Act; body-brand, in the case of any cattle or sheep, means a brand elsewhere than on the head or neck of the cattle or sheep; body-tattoo, in the case of a pig, means a tattoo elsewhere than on the head or neck of the pig; brand, in the case of – (a) any cattle or sheep, means an earmark or a body-brand; or (b) a pig, means a body-tattoo – and to brand means, in the case of – (c) a brand that is an earmark, to punch, clip, or tattoo that brand; or (d) a brand that is a body-brand or body-tattoo, to impress that brand so as to cause an indelible mark; cattle means bulls, cows, oxen, heifers, steers, or calves, and where the context shows that the singular number is intended, means a bull, cow, ox, heifer, steer, or calf; certificate means a certificate of the registration of a brand or tag under this Act or a certificate of the transfer of the right to a registered brand or registered tag; Chief Veterinary Officer means the person holding office as Chief Veterinary Officer under the Biosecurity Act 2019 ; directory means the directory compiled under section 7 ; disease has the same meaning as in the Biosecurity Act 2019 ; earmark, in the case of any cattle or sheep, means a mark that is – (a) punched or clipped in the ear; or (b) tattooed on the ear – of the cattle or sheep; inspector means an authorised officer within the meaning of the Biosecurity Act 2019 ; owner, in relation to cattle, sheep, or pigs, includes any number of joint owners; permanent identification device means a device that – (a) bears a unique code relating to the premises on which any animal resides when the device is attached to, or inserted in, the animal; and (b) is intended to remain attached to, or inserted in, that animal; and (c) is approved by the Chief Veterinary Officer to be a permanent identification device; person in charge, in relation to any animal, includes the owner and any other person who is for the time being in charge, or who for the time being has the possession or control, of the animal (whether on behalf of, or under the direction of, the owner of the animal or not), but, in relation to any cattle held in a municipal pound, does not include the keeper of the pound; premises includes – (a) any land, curtilage, building and body of water; and (b) any place used for the handling, testing, treatment, storage, holding, processing, delivery or acceptance of any animal; and (c) any part of premises; proprietor means the person in whose name a brand or tag is registered; register means the register kept under section 6 ; registered means registered under this Act; Registrar means the Registrar of Animal Brands appointed and holding office under section 5 ; the regulations means regulations made and in force under this Act; sell includes – (a) offer or expose for sale; (b) keep or have in possession for sale; (c) barter or exchange; (d) agree to sell; (e) send, forward, or deliver for sale; and (f) authorize, direct, cause, attempt, or permit any act referred to in paragraph (a) , (b) , (c) , (d) , or (e) ; sheep means rams, ewes, wethers, or lambs, and where the context shows that the singular number is intended, means any ram, ewe, wether, or lamb; tag, as a noun, means a tag or label of a kind prescribed in the regulations or any other means of identification of animals and, as a verb, means to attach a tag to an animal. 4. Appointed days (1) The Governor may, by order, declare a day to be the appointed day for the purposes of a provision of this Act. (2) The Governor may declare different appointed days in respect of different provisions of this Act. PART II - Registrar of Stock Brands and Other Officers: The Register and the Directory 5. Registrar of Animal Brands The Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department to be Registrar of Animal Brands who shall be subject to the control of the Secretary of the Department and that officer or employee is to hold office as Registrar in conjunction with State Service employment. 6. Register of brands and tags to be kept (1) The Registrar shall keep, in the form prescribed in the regulations, a register, to be called the "Register of Animal Brands and Tags". (2) Where an application for the registration of a brand or tag is granted under section 11 , the brand or tag shall be registered in the name of the applicant as the proprietor of the brand or tag by the entry in the register of – (a) particulars of that brand or tag and of the date on which that brand or tag is registered; and (b) such other particulars (if any) in respect of that brand or tag as the Registrar considers appropriate or as may be prescribed in the regulations for the purposes of this subsection. (3) In addition to the particulars referred to in subsection (2) , the Registrar shall enter in the register – (a) particulars of the transfer of the right to a registered brand or registered tag and of the date of the transfer; and (b) particulars of the cancellation of the registration of a registered brand or registered tag and of the date of the cancellation. (4) If brands are used or required to be used under the Biosecurity Act 2019 , or regulations made under that Act, in connection with the control of a disease, the Registrar shall register each of those brands by the entering in the register of– (a) particulars of that brand and of the date on which that brand is registered; (b) particulars of the persons who are, or the classes of persons which are, so using or required to use that brand; (c) particulars of the circumstances in which those persons or classes of persons are so using or required to use that brand; and (d) particulars of that disease. (5) The Registrar may from time to time make such alterations in the register as he considers to be necessary. 7. Directory of registered brands and tags to be compiled (1) The Registrar shall, as soon as possible after the register has been established, compile a directory, to be called the "Directory of Animal Brands and Tags". (2) The directory shall contain – (a) in respect of the brands registered as provided in section 6 (2) – (i) an alphabetical list of the names of the proprietors of those brands; (ii) particulars of each of those brands and of the date on which it was registered; and (iii) such other particulars (if any) in respect of those brands as the Registrar considers appropriate or as may be prescribed in the regulations for the purposes of this paragraph; (b) in respect of the tags registered as provided in section 6 (2) – (i) an alphabetical list of the names of the proprietors of those tags; (ii) particulars of each of those tags and of the date on which it was registered; and (iii) such other particulars (if any) in respect of those tags as the Registrar considers appropriate or as may be prescribed in the regulations for the purposes of this paragraph; and (c) in respect of the brands registered as provided in section 6 (4) – (i) particulars of each of those brands; (ii) particulars of the persons who are, or the classes of persons which are, required to use those brands; (iii) particulars of the circumstances in which those persons or classes of persons are required to use those brands in connection with the disease; (iv) particulars of that disease; and (v) such other particulars (if any) in respect of those brands as the Registrar considers appropriate or as may be prescribed in the regulations for the purposes of this paragraph. (3) As soon as possible after 1st January in each year after the year in which the directory is compiled, the Registrar shall bring the directory up to date – (a) by entering in the appropriate list in the directory – (i) the names of the proprietors of any brands registered as provided in section 6 (2) since the time that the directory was compiled or last brought up to date, as the case may be, together with the other particulars in respect of those brands referred to in subsection (2) (a) ; (ii) particulars of the transfers of the rights to any registered brands since that time, together with the dates of those transfers; (iii) particulars of the cancellation of the registration of any brands since that time, together with the dates of those cancellations; (iv) the names of the proprietors of any tags registered as provided in section 6 (2) since that time, together with the other particulars in respect of those tags referred to in subsection (2) (b) ; (v) particulars of the transfers of the rights to any registered tags since that time, together with the dates of those transfers; and (vi) particulars of the cancellation of the registration of any tags since that time, together with the dates of those cancellations; and (b) by making any alterations that are necessary with respect to the part of the directory relating to brands registered as provided in section 6 (4) . (4) A member of the public may inspect, and make a copy of any entry in, the directory at the office of the Registrar at all times during which that office is open for business. (5) A fee of an amount determined by the Registrar is payable for any inspection or copy made pursuant to subsection (4) . PART III - Branding and Tagging: Registration and Implementation Division 1 - Registrations of brands and tags 8. Obligation to brand cattle and sheep with registered earmarks (1) The person in charge of any cattle or sheep shall, before each of the cattle or sheep attains the age of 6 months, brand it or cause it to be branded with a registered earmark of which the owner of the cattle or sheep is the proprietor. (2) Subsection (1) does not apply to any cattle or sheep of a class or kind prescribed in the regulations or to any sheep used for a purpose prescribed in the regulations. (3) The person in charge of any cattle or sheep who fails to comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units. (4) It is a defence in any proceedings for an offence under subsection (1) for the person in charge of any cattle or sheep who is not the owner of the cattle or sheep to show that that owner is not the proprietor of a registered earmark. 9. Rights in respect of the registration of body-brands for cattle and sheep and tags for cattle (1) Subject to this section, a person who is the owner of any cattle may be registered under section 6 (2) as the proprietor of – (a) one body-brand; (b) one tag; or (c) one body-brand and one tag – to be used for the purpose of indicating that those cattle belong to that person. (2) Except as provided by subsection (1) and as required for the purposes of section 8 , the owner of any cattle shall not be registered as the proprietor of a brand or tag. (3) Subject to this section, a person who is the owner of any sheep may be registered under section 6 (2) as the proprietor of one body-brand to be used for the purpose of indicating that those sheep belong to that person. (4) Except as provided by subsection (3) and as required for the purposes of section 8 , the owner of any sheep shall not be registered as the proprietor of a brand. 10. Obligation to brand pigs before sale or before slaughter at premises other than those where they are kept by or on behalf of their owners (1) On or after the appointed day, the person in charge of a pig over 10 weeks of age– (a) shall not sell the pig or cause the pig to be sold; or (b) shall not send the pig, or cause the pig to be sent, from the premises where it is kept by or on behalf of its owner to any other premises for the purpose of being slaughtered– unless, within 7 days before the pig is sold or is sent to those other premises for that purpose– (c) it has been branded in the manner, and on a part of its body, prescribed in the regulations with the registered body-tattoo of which the owner of the pig is the proprietor; and (d) that body-tattoo so branded is of the nature and dimensions prescribed in the regulations in relation to it. Penalty: Fine not exceeding 10 penalty units. (2) Notwithstanding subsection (1) , a person – (a) may sell a pig that is not branded with the registered body-tattoo of which the owner of the pig is the proprietor or cause a pig that is not so branded to be sold; or (b) may send a pig that is not so branded, or cause a pig that is not so branded to be sent, to premises for the purpose referred to in paragraph (b) of that subsection – if – (c) the pig was purchased by the owner and delivered to him or her by the previous owner within 7 days before the pig is sold or is sent to those premises for that purpose and at the time of delivery bore the registered body-tattoo of which the previous owner was the proprietor; or (d) the pig is tagged in accordance with the regulations. 11. Applications for registration: disposal of applications (1) The owner of any cattle or sheep who requires a registered earmark for the purposes of section 8 (1) shall apply to the Registrar for the registration in his name of an earmark of such nature and dimensions as are prescribed in the regulations. (2) The owner of any cattle who wishes to be registered, pursuant to section 9 (1) , as the proprietor of a body-brand or tag for those cattle shall apply to the Registrar for the registration in his name of a body-brand or tag of such nature and dimensions as are prescribed in the regulations. (3) The owner of sheep who wishes to be registered, pursuant to section 9 (3) , as the proprietor of a body-brand for those sheep shall apply to the Registrar for the registration in his name of a body-brand of such nature and dimensions as are prescribed in the regulations. (4) The owner of a pig who requires a registered body-tattoo for the purposes of section 10 (1) shall apply to the Registrar for the registration in his name of a body-tattoo of such nature and dimensions as are prescribed in the regulations. (5) The corporation of a municipality that requires a registered body-brand or registered body-tattoo for the purposes of section 21 shall apply to the Registrar for the registration in its name of a body-brand or body-tattoo of such nature and dimensions as are prescribed in the regulations. (6) An application under this section for the registration of a brand or tag – (a) shall be in writing; (b) shall contain a design of the brand or tag, except in the case of an application under subsection (4) or an application under subsection (5) for the registration of a body-tattoo; (c) shall, in the case of an application under subsection (5) , contain the address of the relevant municipal pound; (d) shall contain the particulars, if any, prescribed in the regulations; and (e) shall be accompanied by the fee prescribed in the regulations. (7) The Registrar may require an application under this section to be verified by statutory declaration or such other evidence as the Registrar thinks sufficient. (8) Subject to subsection (10) , the Registrar shall grant an application under this section unless, as provided by subsection (9) , he is required to refuse to grant that application. (9) Except as provided in subsection (10) , the Registrar shall refuse to grant an application under this section if – (a) he is not satisfied that the application complies with the provisions of this section; or (b) in the case of an application that is required by subsection (6) (b) to contain a design of the brand or tag to which it relates, the design contained in the application – (i) is the same as the design of a registered brand or registered tag, as the case may be; (ii) in the opinion of the Registrar, so nearly resembles the design of a registered brand or registered tag, as the case may be, as to cause, or be likely to cause, confusion; or (iii) is, in the opinion of the Registrar, unsuitable for any other reason. (10) The Registrar may, instead of refusing an application on a ground specified in subsection (9) (b) , modify the design of the brand or tag contained in the relevant application and, if he does so – (a) the Registrar shall give a written notification to the applicant – (i) containing particulars of the design as so modified by him; and (ii) stating that, if the applicant fails, within 21 days after being so notified, to advise the Registrar that he does not wish to be registered as proprietor of the brand or tag as so modified in design, the Registrar shall grant the application and register the applicant as proprietor of the brand or tag as so modified in design; and (b) the Registrar – (i) in a case where the applicant fails to advise him as provided in paragraph (a) (ii) , shall grant the application and register the applicant as proprietor of the brand or tag, as the case may be, as so modified in design; or (ii) in a case where the applicant advises him as provided in that paragraph, shall refuse the application. (11) Subject to subsection (10) , where the Registrar grants an application under this section, he shall, as provided in section 6 (2) , register the brand or tag to which the application relates. (12) Where the Registrar refuses an application under this section, he shall specify the reasons for the refusal and shall serve on the applicant a notice notifying the refusal and the reasons for the refusal. (13) The owner of any cattle or sheep who fails to make an application under this section for the registration of an earmark for the purposes of section 8 (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units. (14) The owner of a pig who requires a registered body-tattoo for the purposes of section 10 (1) and who fails to make an application under this section for those purposes is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units. (15) The corporation of a municipality that requires a registered body-brand or registered body-tattoo for the purposes of section 21 and that fails to make an application under this section for those purposes is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units. 12. Certificate of registration of brand or tag: issue of duplicate certificates of registration and certificates of transfer (1) On the registration of a brand or tag as mentioned in section 11 (11) , the Registrar shall issue to the proprietor of the brand or tag a certificate of its registration in the form prescribed in the regulations. (2) Where the holder of a certificate claims that the certificate has been lost or destroyed, he may make an application in accordance with subsection (4) to the Registrar for the issue of a duplicate certificate. (3) On receipt of an application made under subsection (2) , the Registrar shall, if after the production of such evidence as he may require he is satisfied that the certificate has been lost or destroyed, issue a duplicate certificate to the applicant in place of the original certificate. (4) An application under subsection (2) shall – (a) be in the form, and contain the information, prescribed in the regulations; (b) be made in the manner prescribed in the regulations; and (c) be accompanied by the fee prescribed in the regulations. (5) On the issue of a duplicate certificate under subsection (3) , the original certificate shall be deemed to be cancelled and the duplicate certificate has the same effect as the original certificate had. Division 2 - Transfers and cancellations of registered brands and tags 13. Transfer of registered brands and tags (1) Subject to subsection (2) , the proprietor of a registered brand or registered tag who wishes to transfer the right to that brand or tag to another person may apply to the Registrar to have that right transferred to that other person. (2) An application may not be made under subsection (1) for the transfer of the right to – (a) a registered brand to a person who is already the proprietor of a registered brand; or (b) a registered tag to a person who is already the proprietor of a registered tag. (3) An application under subsection (1) – (a) shall be in writing; (b) shall contain the consent of the person to whom the proprietor of the registered brand or registered tag wishes to transfer the right to that brand or tag; (c) shall contain the particulars (if any) prescribed in the regulations; and (d) shall be accompanied by the fee prescribed in the regulations. (4) The Registrar shall grant an application under subsection (1) if he is satisfied that the application complies with this section, but where the Registrar is not so satisfied, he shall refuse to grant the application. (5) Where the Registrar grants an application under subsection (1) – (a) he shall, by entering in the register the particulars referred to in section 6 (3) (a) , transfer to the person named as transferee in the application the right to use the registered brand or registered tag to which the application relates; and (b) he shall issue to that person a certificate of the transfer in the form prescribed in the regulations. (6) Where, as mentioned in subsection (5) (a) , the right to use a registered brand or registered tag is transferred to a person, that person is the proprietor of that brand or tag for the purposes of this Act. 14. Death of proprietor of registered brand or tag (1) Where the proprietor of a registered brand or registered tag (in this subsection referred to as "the deceased") dies, his personal representative may, by virtue of his appointment as a personal representative, use the brand or tag until – (a) the expiration of 6 months after the date of the death of the deceased; (b) his appointment as a personal representative is terminated; or (c) the distribution of the estate of the deceased is completed – whichever first occurs. (2) Where a personal representative uses a registered brand or registered tag pursuant to subsection (1) , the personal representative shall be deemed to be the proprietor of that brand or tag. 15. Cancellation of registration of brands and tags (1) If the proprietor of a registered brand or registered tag does not further require the use of that brand or tag, he shall immediately give written notice to the Registrar of that fact. (2) The proprietor of a registered brand or registered tag who fails to comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units. (3) Notwithstanding the absence of a notice under subsection (1) , the Registrar shall, if he is satisfied that the use of a registered brand or registered tag is no longer required by the proprietor of the brand or tag, cancel the registration of the brand or tag. (4) Where the proprietor of a registered brand or registered tag is a body corporate or firm and the Registrar is satisfied that the body corporate or firm has been wound up or dissolved, he shall cancel the registration of the brand or tag. (5) Without prejudice to subsection (3) , the Registrar may, within 30 days after the end of each period of 10 years after the date on which a brand or tag is registered as provided in section 6 (2) , serve a notice on the proprietor of the brand or tag informing him that the Registrar will cancel the brand or tag unless the proprietor shows cause to the satisfaction of the Registrar, within 30 days after the service of the notice on the proprietor, that he still requires to use that brand or tag. (6) Where the Registrar serves a notice under subsection (5) on the proprietor of a registered brand or registered tag, the Registrar shall cancel the registration of the brand or tag if he – (a) receives a response to that notice claiming to show cause for reasons which the Registrar regards as not being satisfactory; or (b) does not receive any response to that notice. (7) Where, pursuant to subsection (3) or (6) , the Registrar cancels the registration of a brand or tag, he shall forward to the person who was the proprietor of the brand or tag a certificate stating that the registration has been cancelled. Division 3 - Supplementary 16. False or misleading statements A person who – (a) in evidence required under section 11 (7) , makes a statement, whether orally or in writing; or (b) in an application under this Part, makes a statement – that, to his knowledge, is false or misleading as to a material particular is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. PART IV - Other Provisions Relating to Branding and Tagging 17. General provision with respect to branding of cattle, sheep, and pigs Except as provided by or under this Act, or by or under the Biosecurity Act 2019 , a person is not required to brand any cattle, sheep, or pig. 18. Application of registered earmarks to cattle and sheep (1) Where the person in charge of any cattle or sheep brands any of the cattle or sheep or causes any of them to be branded with the registered earmark of which the owner of the cattle or sheep is the proprietor, that person shall – (a) ensure that that registered earmark is of the nature and dimensions prescribed in the regulations in relation to that earmark; and (b) brand that earmark or cause that earmark to be branded on – (i) the near or left ear of each of the cattle or sheep, in the case of a male; or (ii) the off or right ear of each of the cattle or sheep, in the case of a female. (2) The person in charge of any cattle or sheep who fails to comply with subsection (1) (a) or (b) is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units. (3) Subject to subsection (3A) , the person in charge of any cattle or sheep shall not mark, or cause to be marked, with a mark or brand other than the registered earmark of which the owner of the cattle or sheep is the proprietor, the ear of any of those cattle or sheep that is prescribed by subsection (1) (b) as the ear on which that registered earmark shall be branded. Penalty: Fine not exceeding 10 penalty units. (3A) Subsection (3) does not apply to the marking of an ear of any cattle or sheep with a permanent identification device. (4) The person in charge of any cattle or sheep shall, in such cases and in such manner as are prescribed in the regulations, mark, or cause to be marked, the ear of any of those cattle or sheep that is not the ear prescribed by subsection (1) (b) as the ear on which that registered earmark shall be branded. (5) Where regulations for the purposes of subsection (4) are in force, the person in charge of any cattle or sheep who – (a) fails to mark any of those cattle or sheep, or fails to cause any of them to be marked, in a case prescribed in those regulations; or (b) fails to mark any of those cattle or sheep, or fails to cause any of them to be marked, in the manner prescribed in those regulations in relation to such a case – is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. 19. Application of registered body-brands to cattle and sheep by persons in charge of them (1) Where the person in charge of any cattle or sheep brands them, or causes them to be branded, with the registered body-brand of which the owner of the cattle or sheep is the proprietor, that person shall ensure that that registered brand is of the nature and dimensions prescribed in the regulations in relation to that brand. (2) The person in charge of any cattle or sheep who fails to comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units. 20. Branding of sheep (1) A person who brands a sheep, or causes a sheep to be branded, with a preparation that is not prescribed in the regulations as one of the preparations with which sheep shall be branded is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. (2) A butcher may, for the purposes of identification, brand with a body-brand a sheep purchased by him for slaughtering, notwithstanding that the sheep has already been branded with a body-brand, if he brands the sheep with a preparation that is prescribed in the regulations. (3) A butcher who brands a sheep purchased by him for slaughtering with a preparation that is not prescribed in the regulations is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. 21. Provisions relating to branding of cattle, sheep, and pigs that are sold after being impounded (1) Where, on or after the appointed day, any pig over 10 weeks of age, cattle or sheep impounded in a municipal pound is sold– (a) by public auction by the keeper of the pound or by another person appointed to conduct the auction by the corporation of the municipality in which the pound is situated, the keeper or other person; or (b) by private contract by the keeper of the pound, the keeper– shall, before delivering the cattl