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  • New South Wales

    Biosecurity (National Livestock Identification System) Regulation 2016under the

    Biosecurity Act 2015

    public consultation draft

    s2016-384.d10 8 December 2016

    [The following enacting formula will be included if this Regulation is made.]His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Biosecurity Act 2015.

    Minister for Primary Industries

    Explanatory noteThe object of this Regulation is to give effect to a national system for the identification and tracing of the movement of cattle, sheep, goats and pigs.This Regulation is made under the Biosecurity Act 2015, including sections 24 and 404 (the general regulation-making power).This Regulation comprises or relates to matters set out in Schedule 3 to the Subordinate Legislation Act 1989, namely matters arising under legislation that is substantially uniform or complementary with legislation of another State or Territory.

  • ContentsPage

    public consultation draft

    Biosecurity (National Livestock Identification System) Regulation 2016 [NSW]Contents

    Part 1 Preliminary1 Name of Regulation 42 Commencement 43 Definitions [cll 13 & 17 SD Reg] 44 Requirements of Regulation are mandatory measures 7

    Part 2 Identification codesDivision 1 Property identification codes

    5 Relevant person 86 Property identification code required for properties on which certain

    activities occur 87 Property identification code required for properties on which certain

    animals held in captivity 88 Applying for a property identification code 89 Assigning property identification codes 9

    Division 2 Miscellaneous10 Definition 911 District codes 912 Agent identification codes 913 Identification codes to be determined by Secretary 914 Transfer of identification codes 915 Renewal of identification codes [Cl 39 SD Reg] 1016 Inactivation and cancellation of identification codes and assignment of

    new codes [Cl 40 SD Reg] 10

    Part 3 Permanent identification of stockDivision 1 Identifiable stock17 Proper identification of identifiable stock [cl 19 SD reg] 1118 Failure to properly identify stock [cll 20 & 21SD Reg] 1119 Exempt movements of stock 12

    Division 2 Permanent identifiers20 Definitions 1221 Supply of permanent identifiers (cll 46 & 47 SD Reg] 1322 Approved suppliers of certain permanent identifiers [cl 46 SD Reg] 1323 Records and provision of information to NLIS administrator [cll 46 &

    47 SD reg] 1324 Alteration or removal of permanent identifier [cl 48 SD Reg] 1425 Improper use of permanent identifiers [cll 49, 50, 51 & 53 of SD Reg] 1426 Destruction of permanent identifiers removed from slaughtered stock [cl

    52 of SD Reg] 1527 Manufacture, sale, supply and use of counterfeit identifiers [cl 54 SD

    Reg] 1528 Additional identifiers [cl 55 SD Reg] 1529 Authorised officer may seize unattached identifiers or branding devices

    [cl 56 SD Reg] 15

    Page 2

  • public consultation draft

    Biosecurity (National Livestock Identification System) Regulation 2016 [NSW]Contents

    Page

    30 Loss or theft of unattached permanent identifier for cattle [cl 28 SD Reg] 16

    Division 3 Voluntary permanent identification31 Voluntary permanent identification of equines and camelids [cl 36 SD

    Reg] 16

    Part 4 Information requirementsstock transactions Division 1 Provisions applying to all identifiable stock32 Definition 1733 Owner must prepare and retain delivery information 1734 Stock and station agents and saleyards [cll 22, 29 & 32 SD Reg] 1735 Abattoirs [cll 24, 30 & 34 SD Reg] 1836 Farm properties [cll 25 & 35 SD Reg] 1837 Stock events 1938 Goat depots 1939 Cattle scale operations 19

    Division 2 Reporting and record keeping (other than pigs)40 Definition 2041 Division does not apply in respect of pigs 2142 Saleyards [cll 22 & 32 SD Reg] 2143 Stock and station agents [cll 23 & 33 SD Reg] 2144 Abattoirs [cll 24 & 34 SD Reg] 2245 Farm property [cll 25 & 35 SD Reg] 2346 Stock event 2347 Goat depots 2348 Cattle scale operations 2449 Reporting to NLIS administrator about live export of cattle [Cl 26 SD

    Reg] 2450 Reporting to NLIS administrator about death of cattle [Cl 27 SD Reg] 25

    Part 5 Registers51 Purposes of registers [Cl 41 SD Reg] 2652 District registers [Cl 42 SD Reg] 2653 State register [Cl 43 SD Reg] 2754 NLIS register [Cl 44 SD Reg] 27

    Part 6 Miscellaneous provisions55 NLIS administrator [Cl 45 SD Reg] 2956 Provision of information to NLIS administrator and other persons [Cl

    16 SD Reg] 2957 General provisions relating to orders [Cl 15 SD Reg] 2958 Operators of goat depots must be registered 29

    Schedule 1 Stock identification districts 30

    Page 3

  • Biosecurity (National Livestock Identification System) Regulation 2016under the

    Biosecurity Act 2015

    public consultation draft

    Biosecurity (National Livestock Identification System) Regulation 2016 [NSW]Part 1 Preliminary

    Part 1 Preliminary1 Name of Regulation

    This Regulation is the Biosecurity (National Livestock Identification System)Regulation 2016.

    2 CommencementThis Regulation commences on [date to be determined] and is required to bepublished on the NSW legislation website.

    3 Definitions [cll 13 & 17 SD Reg](1) In this Regulation:

    agent identification code, in relation to a stock and station agent, means:(a) the code assigned to the agent under Part 2, or(b) any identification code assigned to or in respect of the agent under a related

    NLIS law.animal welfare inspector means an inspector within the meaning of Division 2 ofPart 2A of the Prevention of Cruelty to Animals Act 1979.attached includes implanted, inserted, administered or applied.brand means a tattoo brand.breeder tag means an identifier containing the property identification code of theproperty on which the stock that is to carry the identifier was born.camelids means members of the family camelidae other than vicunas or guanacos.Note. Camelids include camels, alpacas and llamas.cattle means members of the genus Bos and also includes American bison or buffalo(Bison bison) and domestic water buffalo (Bubalus bubalis).cattle scale operation means a business (other than a farming business) that trades incattle by purchasing the cattle by live weight or price per head directly from farmers(and not by way of a public auction) and then sells the cattle on.district code, in relation to a stock identification district, means the code assigned tothe district under Part 2.district registrar, in relation to land within a stock identification district wholly orpartly within a local land services region, means:(a) any person appointed by Local Land Services to exercise any or all of the

    functions of the district registrar for the local land services region, and(b) if the Secretary has appointed a person to exercise any or all of the functions

    of the district registrar of the local land services regionthat person.

    Page 4

  • public consultation draft

    Biosecurity (National Livestock Identification System) Regulation 2016 [NSW]Part 1 Preliminary

    equines means members of the family equidae.Note. Equines include horses, donkeys, asses, mules and zebras.farm propertysee clause 7 (3).food inspector means an authorised officer within the meaning of the Food Act 2003.goat depot means land that is used to aggregate goats before the sale or slaughter ofthose goats.identifiable stock means cattle, pigs, goats and sheep and includes a carcass of anysuch animal.identifier means a tag, label, brand, mark, implant or other means of identification ofstock.local land services region means a region within the meaning of the Local LandServices Act 2013.NLIS or National Livestock Identification System means the system in Australia ofthat name for identifying and tracing livestock for the purposes of disease control,food safety and market access.NLIS administrator means the person or body approved for the time being as theNLIS administrator by the Secretary under Part 6.NLIS movement document means the following documents:(a) a transported stock statement within the meaning of Part 9 of the Local Land

    Services Act 2013,(b) a national vendor declaration and waybill approved from time to time by

    Safemeat (being the organisation formed between industry and Australiangovernments to ensure the safety and hygiene of red meat and livestock), or inthe case of pigs, a national vendor declaration (pigpass) approved byAustralian Pork Limited,

    (c) a post-sale summary that contains the information referred to in clause 40,(d) an exhibitor entry or registration form for an agricultural show that contains

    the delivery information within the meaning of Division 1 of Part 4,(e) a stock permit within the meaning of the Local Land Services Act 2013.NLIS register means the register maintained by the NLIS administrator under Part 5.permanent identifier means:(a) in the case of cattle, sheep or goatsa breeder tag or post-breeder tag that is

    fully or conditionally accredited by National Livestock Identification SystemLimited (ACN 134 745 038) as a breeder tag or post-breeder tag for theparticular species of stock, or

    (b) in the case of pigsa permanent identifier for pigs.permanent identifier for pigs means a brand:(a) containing the property identification code of the property on which the brand

    is applied:(i) that is no more than 53 millimetres wide, and

    (ii) that has the characters of the code set out on 2 equal rows one above theother, and

    (iii) that is applied so that those characters that are clearly visible and are atleast 20 millimetres high with spaces between those characters ofbetween 2 and 3 millimetres, or

    (b) in

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