Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts16. After section 11 of the Principal Act the following Part is inserted:
“11A. (1) A person shall not, without reasonable excuse, travel or transport defined stock to or from an abattoir or a saleyard or any other place for sale unless the stock are tagged with an approved tag or, if the stock are being travelled or transported within a period of 28 days after the sale of that stock, with an approved tag—
(a) bearing the number allocated to the previous owner of that stock; or
(b) issued to that owner.
Penalty:
(a) if the offender is a natural person—$1,000;
(b) if the offender is a body corporate—$5,000.
“(2) For the purposes of subsection (1) defined stock are to be taken to be tagged if they are tagged with a tag granted or issued under a prescribed law of a State or another Territory.
“11B. (1) The Minister may, by notice published in the Gazette , declare stock specified in the notice to be defined stock.
“(2) A notice under subsection (1) takes effect—
(a) on the day on which the notice is published in the Gazette ; or
(b) if a later day is specified in the notice—on that day.
“(3) A declaration under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
“11C. (1) The Director shall establish and maintain a register of tag numbers.
“(2) The Director may—
(a) at the written request of the owner of defined stock in respect of which a tag number is allocated; or
(b) of the Director's own accord;
make such alterations to particulars in the register as are necessary.
“11D. (1) A person who is the owner of defined stock may apply to the Director for a tag number in respect of that stock.
“(2) An application under subsection (1) shall be—
(a) in a form approved by the Director; and
(b) lodged with the Director with the determined fee.
“(3) Where defined stock are owned by 2 or more persons, application for a tag number may be made jointly or by any one of those persons.
“11E. The Director shall, if satisfied that an applicant under subsection 11D (1) is the owner of defined stock to which the application relates—
(a) allocate to the applicant a tag number in respect of that stock; and
(b) enter the following particulars in the register:
(i) the number allocated under paragraph (a);
(ii) the name of the owner of the defined stock;
(iii) the name of the manager (if any) of the stock;
(iv) the telephone and facsimile numbers (if any) of the owner and manager;
(v) the location of the property where the stock are kept;
(vi) the postal and residential addresses of the owner and of the manager.
“11F. The Director shall, by notice published in the Gazette, declare a manufacturer to be an approved manufacturer of tags for the purposes of this Act.
“11G. (1) An approved manufacturer shall not, without reasonable excuse, issue a tag unless the issue is authorised in writing by the Director.
“(2) A person other than an approved manufacturer shall not, without reasonable excuse, make a tag.
Penalty:
(a) if the offender is a natural person—$1,000;
(b) if the offender is a body corporate—$5,000.
“11H. (1) A person shall not, without reasonable excuse, tag defined stock with approved tags otherwise than in the manner declared by the Minister by notice published in the Gazette.
Penalty:
(a) if the offender is a natural person—$1,000;
(b) if the offender is a body corporate—$5,000.
“(2) A declaration under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
“11J. A person shall not alter an approved tag without reasonable excuse.
Penalty: $1,000.
“11K. (1) A person who is a manager or other person in charge of an abattoir shall keep, or cause to be kept, a tag with the carcass from which it was removed until after the final inspection of the carcass on the slaughter floor by a person authorised under the Meat Act 1931.
“(2) A person who is a manager or other person in charge of an abattoir who, without reasonable excuse, contravenes subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.
“11L. (1) A person who is a manager or other person in charge of an abattoir shall not, without reasonable excuse, fail to keep a record of defined stock delivered to the abattoir for slaughter that are not tagged in accordance with subsection 11H (1).
Penalty: $1,000.
“(2) A record kept under subsection (1) is to be in a form approved by the Director.
“11M. (1) Where—
(a) defined stock are required to be tagged under section 11A; and
(b) a tag bearing the number allocated under section 11E to the owner or the previous owner is not readily available;
the Director shall, on payment of the determined fee, issue to the owner of that stock, or his or her agent, a tag bearing a number allocated under this section.
“(2) Where the Director has issued a tag under subsection (1), he or she shall enter the particulars specified under paragraph 11E (b) in the register.
“(3) The Director may allocate numbers for the purposes of this section.
“11N. (1) Where the Director believes on reasonable grounds that a tag number is no longer required for the purposes of compliance with this Act, the Director may, by notice in writing served on the person to whom the tag number was allocated, require that person, within 28 days after the date of the notice, to show cause why the tag number should not be cancelled.
“(2) Where a notice has been served on a person under subsection (1), the Director may—
(a) after the expiration of the period of 28 days after the date of the notice; and
(b) after taking into account any representation made by the person;
cancel the tag number.
“(3) Where the Director cancels a tag number pursuant to this section, he or she shall—
(a) remove the entry in the register made in respect of that number; and
(b) revoke the authority given to an approved manufacturer in relation to that number.
“(4) The revocation of an authorisation under subsection (3) takes effect on the date of cancellation of the tag number under subsection (2).
“11P. In proceedings for an offence against subsection 11A (1), a certificate signed by the Director stating that at a specified time or during a specified period, a specified person had or had not been allocated a tag number, is evidence of the matters so stated.
“11Q. Application may be made to the Tribunal for a review of a decision of the Director—
(a) refusing to allocate a tag number under section 11E; or
(b) cancelling a tag number under section 11N.
“11R. (1) Where the Director makes a decision—
(a) refusing to allocate a tag number under section 11E; or
(b) cancelling a tag number under section 11N;
the Director shall, within 28 days after the date of the decision, give notice in writing of the decision to the person in respect of whom the decision was made.
“(2) A notice shall—
(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Tribunal for a review of the decision; and
(b) except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 26 of that Act.
“(3) The validity of a decision shall not be taken to be affected by a failure to comply with subsection (2).”.