Biosecurity (Livestock Traceability) Regulations 2024 (Tas)

Biosecurity (Livestock Traceability) Regulations 2024

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Biosecurity Act 2019 .

2 December 2024

B. BAKER

Governor

By Her Excellency's Command,

J. HOWLETT

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These regulations may be cited as the Biosecurity (Livestock Traceability) Regulations 2024 .

2. Commencement These regulations take effect on the day on which their making is notified in the Gazette.

3. Interpretation In these regulations, unless the contrary intention appears – Act means the Biosecurity Act 2019 ; approved means approved in writing by the Secretary; attached includes implanted, inserted, administered or applied; breeder device means a livestock identifier containing the property identification code of the premises on which the identifiable livestock that is to carry the identifier was born; cattle means – (a) members of the genus Bos; and (b) American bison or buffalo (Bison bison); and (c) domestic water buffalo (Bubalus bubalis); Chief Inspector has the same meaning as in the Primary Produce Safety Act 2011 ; driver includes a person who is – (a) the driver of a vehicle being used to transport identifiable livestock; and (b) the pilot of an aircraft being used to transport identifiable livestock; and (c) the master of a vessel being used to transport identifiable livestock; identifiable livestock means – (a) cattle, pigs, goats and sheep; and (b) any livestock declared by the Minister to be identifiable livestock in accordance with regulation 12 ; livestock includes any bovid animal, camelid animal, equine animal, porcine animal or poultry; livestock agent means a person who is engaged by the owner of identifiable livestock to deal with identifiable livestock on behalf of, or as the agent of, that owner but does not include a person who is an employee of that owner; livestock depot means all, or any part of, any premises, assembly point, transit centre or any other place used for the purposes of holding and aggregating identifiable livestock before the identifiable livestock are transported, supplied or slaughtered; livestock event means an event, exhibition, competition, agricultural show or rodeo that involves identifiable livestock being held in captivity; livestock event premises means any premises on which a livestock event is held; livestock farm includes all, or any part of, any premises where identifiable livestock are farmed or kept overnight, but does not include livestock processing premises, livestock supply premises, saleyards, livestock depots or livestock event premises; livestock identifier means – (a) a tag, label, tattoo, mark, implant or other thing attached to identifiable livestock for the purpose of identifying the identifiable livestock; and (b) a permanent identifier; livestock processing operation means – (a) a meat processing business within the meaning of the Primary Produce Safety (Meat and Poultry) Regulations 2014 ; and (b) a pet food business within the meaning of the Primary Produce Safety (Pet Food) Regulations 2014 ; and (c) a knackery or other similar business where identifiable livestock are slaughtered for a purpose other than meat processing or pet food production; livestock processing premises means premises on which a livestock processing operation is carried out; livestock producer means the occupier of a livestock farm; livestock supply operation means a business, enterprise or activity that supplies identifiable livestock (online or otherwise), that is not a livestock producer, livestock processing operation, livestock saleyard, livestock depot or livestock event; livestock supply premises means any premises on which a livestock supply operation is carried out; meat processing has the same meaning as in the Primary Produce Safety Act 2011 ; national vendor declaration means – (a) a national vendor declaration that is in force and is approved by the NLIS administrator; or (b) in relation to pigs, a PigPass; NLIS means the National Livestock Identification System, which is an Australian system for identifying and tracing livestock for the purposes of disease control, food safety and market access; NLIS administrator means the – (a) Integrity Systems Company Limited (ACN 134 745 038); or (b) any other entity approved by the Secretary under regulation 42 ; NLIS Register means the register established and maintained by the NLIS administrator under regulation 41 ; old legislative scheme has the same meaning as in Part 2 of the Biosecurity (Consequential and Transitional Provisions) Act 2020 ; operator, in relation to a business, enterprise or activity carried out on premises for the purposes of these regulations, includes any person – (a) who is the Proprietor; and (b) who is operating, managing or is otherwise apparently in charge of the business, enterprise or activity; and (c) who is engaged by the Proprietor referred to in paragraph (a) as an agent of that Proprietor; and (d) who is an employee of the Proprietor referred to in paragraph (a) ; owner, in relation to identifiable livestock includes a livestock agent, a person who is acting on behalf of the owner of the identifiable livestock, an employee of the owner of the identifiable livestock and any other person in charge of the identifiable livestock on behalf of the owner of the identifiable livestock; permanent identifier means a breeder device or post-breeder device, that is fully or conditionally accredited by the NLIS administrator – (a) as a permanent identifier for a particular species or class of livestock; and (b) in the case of pigs, as a permanent tattoo identifier for pigs; pet food production has the same meaning as in the Primary Produce Safety Act 2011 ; PigPass means a PigPass declaration approved and published by Australian Pork Limited (ABN 83 092 783 278), as amended or substituted from time to time; PigPass administrator means Australian Pork Limited (ABN 83 092 783 278); PigPass database means the PigPass database maintained by Australian Pork Limited (ABN 83 092 783 278); post-breeder device means a livestock identifier containing the property identification code of the premises on which identifiable livestock that are to carry the identifier are being farmed or kept but have not been born; previous premises, in relation to identifiable livestock, means the last premises, that have a property identification code, at which the identifiable livestock were held; property identification code means – (a) in the case of premises in Tasmania, the unique property identification code in force and assigned to the premises under regulation 8(1) or under the old legislative scheme; and (b) in the case of premises outside of Tasmania, the in-force code applicable to the premises under a corresponding law; Proprietor, in relation to a business, enterprise or activity carried out on premises for the purposes of these regulations, means a person who is the owner of, or the entity carrying on, the day-to-day operation of the business, enterprise or activity; relevant identification particulars means – (a) in relation to cattle, all property identification codes and permanent identifiers applicable to the cattle, including any characters that specifically identify an individual animal; and (b) in relation to pigs, sheep or goats, all property identification codes and permanent identifiers applicable to the pigs, sheep or goats; saleyard means premises on which identifiable livestock are held and presented for sale by public auction; Tasmanian Livestock Register means the Tasmanian Livestock Register established and maintained under regulation 40 ; transport, in relation to identifiable livestock, includes the movement of the identifiable livestock.