Tasmanian Consolidated Regulations

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BIOSECURITY REGULATIONS 2022 - REG 3

Interpretation
(1)  In these regulations –
Act means the Biosecurity Act 2019 ;
animal fitting includes –
(a) any box, stall, cage, enclosure, tank, pen, hive, water, or other thing, that has been used for containing an animal; and
(b) any harness, saddlery, rope, net, aquarium pump, bucket, trough, bedding, utensil, implement, equipment, or other thing, that has been used in the transportation, capture, breeding, feeding, handling or keeping of an animal or animal product;
animal food business means a business, enterprise or activity that consists, in whole or in part, of the commercial manufacturing, production or wholesale supply of animal food;
artificial breeding of an animal means –
(a) the artificial insemination of an animal; and
(b) the implantation of an embryo in a recipient animal; and
(c) the collection, processing, handling, storing, sale or distribution of semen, ova or embryos for a purpose specified in paragraph (a) or (b) ;
bag includes a box or other form of packaging;
commercially sterile , in relation to animal food, means animal food that is free from any living organisms that are capable of growing in, or on, the animal food in the conditions to which the animal food is likely to be subjected during its storage and distribution;
declared disease  – see regulation 4 ;
declared pest  – see regulation 4 ;
declared weed  – see regulation 4(7) ;
farming of an animal means keeping, hatching or raising an animal for any one or more of the following purposes:
(a) the sale or other supply of the animal while it is alive;
(b) the use of the animal for biological control, vegetation management, pollination or other similar agricultural services;
(c) the slaughtering and supply of the slaughtered animal;
(d) the harvesting of the animal or the products of the animal and the sale or other supply of the harvested animal or products;
feeding , in relation to any material, includes –
(a) allowing, directing or causing the material to be fed to an animal; and
(b) if the material may be ingested by an animal, failing to prevent the animal from having access to the material;
fish means any aquatic animal, whether dead or alive, of any species (other than amphibians, birds, mammals or reptiles) which, in the normal course of events, spends part or all its life in the aquatic environment;
horticultural material includes any plant and any –
(a) animal product and animal fitting; and
(b) harvest-equipment, machinery, vehicle, container, pot, soil, structure, tool or other thing –
that is, or has been, used to carry, hold, handle, cultivate, propagate, grow, harvest, process or produce any plant or plant product;
horticulture includes any form of agriculture involving plants, including apiculture and viticulture;
inland waters has the same meaning as in the Inland Fisheries Act 1995 ;
mammal does not include a human being;
old legislative scheme has the same meaning as in Part 2 of the Biosecurity (Consequential and Transitional Provisions) Act 2020 ;
oyster includes the spat and the seed of an oyster and any part of the flesh or shell of an oyster;
oyster product means any animal product comprised wholly or partly of oyster;
pet has the same meaning as in the Primary Produce Safety Act 2011 ;
pet food has the same meaning as in the Primary Produce Safety Act 2011 ;
poultry means muttonbird and any chicken, turkey, duck, squab (pigeon), goose, pheasant, quail, guinea fowl and other domesticated avian species used for the production of food for human or animal consumption;
prohibited pig feed includes –
(a) any animal food, or fodder, comprising, in part or in whole, any mammal or animal product from a mammal; and
(b) any animal food, or fodder, that has come into contact with any mammal or animal product from a mammal –
but does not include –
(c) any milk, milk product or by-product of milk processing that is of Australian provenance, or that has been lawfully imported into Australia for use as animal food; or
(d) tallow; or
(e) any other material or class of material declared by the Chief Veterinary Officer not to be prohibited pig feed by notice published in the Gazette ;
proprietor of a business means –
(a) the owner of, or the entity carrying on, the day-to-day operation of the business; or
(b) if that entity cannot be identified, the person apparently in charge of the business;
quarantine place means premises or a part of premises used primarily for the quarantine of any biosecurity matter or carrier that –
(a) has been identified as posing a biosecurity risk; or
(b) is intended for export from Tasmania to another state or to Macquarie Island; or
(c) has arrived in Tasmania from another state, or from Macquarie Island, and is required under the Act or a corresponding law to be –
(i) inspected by a biosecurity certifier or authorised officer before being exported or moved from the premises to another part of Tasmania; or
(ii) destroyed or treated in order to prevent, eliminate or minimise any biosecurity risk that it may pose;
ratite means any emu, ostrich or cassowary;
registered quarantine place means a quarantine place that is the subject of a current registration in accordance with regulation 35 ;
Rendering Standard means the Australian Standard entitled Australian Standard for Hygienic Rendering of Animal Products AS5008:2007 published by Standards Australia on 31 December 2007, as amended or substituted from time to time;
restricted animal material means animal food or material comprising, in whole or in part, a vertebrate animal or any product derived from a vertebrate animal, but does not include –
(a) animal food produced for supply to –
(i) caged birds, other than poultry; or
(ii) aquarium fish; or
(b) animal food produced for supply to non-ruminant laboratory animals; or
(c) pet food for supply to non-ruminant pets; or
(d) tallow; or
(e) gelatin; or
(f) any milk, milk product, or by-product of milk processing, that is of Australian provenance or that has been lawfully imported into Australia for use as animal food; or
(g) any other material or class of material declared by the Chief Veterinary Officer not to be restricted animal material by notice published in the Gazette ;
ruminant means a herbivorous, mammalian animal that can acquire nutrients from plant-based food by fermenting it in a specialised stomach prior to digestion, and includes farmed stock animals such as cattle, goats, sheep and deer;
ruminant food means any animal food that is intended for feeding to, or consumption by, a ruminant;
salmonid means fish of the following species, in part or whole, and whether dead or alive:
(a) Atlantic salmon (Salmo salar);
(b) Rainbow trout (Oncorhynchus mykiss);
(c) Brook trout (Salvelinus fontinalis);
(d) Brown trout (Salmo trutta);
(e) any hybrid of the species above;
soil means the top layer of the earth, consisting of rock and mineral particulates that may be mixed with organic matter in which plants grow or are grown;
tag means a tag that measures at least 45 millimetres by 120 millimetres;
tallow means a product (including, but not limited to, a product known as tallow, yellow grease or acid oil) that contains –
(a) fats and oils from an animal that have been rendered in accordance with the Rendering Standard; or
(b) used cooking oil that is –
(i) filtered or otherwise treated to remove visible particulate matter; and
(ii) contains a combination of insoluble impurities and moisture that does not exceed 2% of the volume of the product;
unknown disease means an animal disease or a plant disease that is not known or identified;
unknown pest means a species or subspecies of invasive pest that is not known or identified.
(2)  For the purpose of paragraph (b) of the definition of stock animal in the Act, the following animals are prescribed if the animals are kept or managed by a person, regardless of whether the animal is kept or managed for a commercial or non-commercial purpose:
(a) any bovid, camelid, equine animal, porcine animal or poultry;
(b) animals kept or managed in connection with animal racing, animal shows, rodeos, circuses and other similar events;
(c) animals kept or managed in a zoo, wildlife park, fauna park or similar premises, for the purpose of public exhibition, public education or public entertainment on payment of a fee or otherwise;
(d) animals kept for a research or educational purpose.



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