Purpose:

The main purposes of this Act are to provide for the prevention, monitoring and control of livestock diseases and to provide compensation for losses caused by certain livestock diseases.

Objectives:

• Protect public health by preventing, monitoring and controlling diseases transmissible from livestock to humans.
• Protect domestic and export markets for livestock and livestock products by preventing, monitoring and controlling livestock diseases.
• Provide for the preventing, monitoring and eradication of exotic livestock diseases.
• Provide compensation for certain losses caused by livestock diseases.
• Facilitate the operation of livestock identification and tracking programs for disease and residue control and market access.

Key Provisions:

• Notification of Diseases: Requires persons to notify an inspector of suspected or known diseases in livestock, livestock products, or hives.
• Livestock Identification and Movement Controls: Establishes requirements for vendor declarations, permanent identification (tags, marks, brands, devices, including electronic microchips), property identification codes, and controls over the movement, sale, and transport of livestock.
• Disease Control Measures: Empowers inspectors to order separation, isolation, testing, destruction, or disposal of diseased livestock, livestock products, fodder, or fittings, and to declare quarantine areas.
• Exotic Disease Management: Provides for declaration of infected places, vehicles, restricted areas, and control areas, with associated prohibitions, restrictions, and permit requirements for movement, activities, and destruction. It also prohibits the unauthorised possession or administration of exotic disease agents.
• Specific Livestock Provisions: Includes regulations for the feeding of pigs, management of cattle and pigs on sewage land, and the use of animals for dairying. It also covers registration and management of beekeeping activities, and artificial breeding of livestock.
• Compensation Schemes: Establishes several compensation funds (Exotic Diseases, Honey Bee, Cattle, Sheep and Goat, Swine) to provide financial relief for losses caused by declared diseases, with specified conditions for eligibility and payment.
• Duty and Records: Mandates payment of duty on sales of cattle, sheep, goats, and pigs, and imposes extensive record-keeping requirements for sales, purchases, and slaughter/disposal of livestock by owners and approved agents.
• Administration and Enforcement: Outlines procedures for licensing, registration, fees, delegations, and inspector powers for entry, search, seizure, impoundment, and issuing various notices (quarantine, disinfection, treatment, identification, removal).

Evidence of Compliance Requirements For Agricultural Organisations:

• Notification of Diseases (Section 7):
  • If a person knows or suspects a disease in livestock, livestock products, or hives owned by, in possession of, on land occupied by, or dealt with professionally by that person, they must notify an inspector.
  • For an exotic disease, notification must be made without delay by the quickest means available.
  • For other diseases, notification must be made within the prescribed time and in the prescribed manner.
• Notification of Unusual Circumstances of Disease or Death (Section 7B):
  • If the Minister declares unusual circumstances of disease or death, a person (owner, occupier, veterinary practitioner, meat processing operator, diagnostic laboratory owner, knacker, stock agent, or other person dealing with livestock) must notify an inspector in the prescribed manner within 5 days of becoming aware of the circumstances.
• Separation of Livestock (Section 8):
  • A person who owns or is in charge of, or possesses or controls, livestock or a livestock product known or suspected to be infected must keep it separate from uninfected livestock or livestock products.
• Vendor Declarations for Livestock Movement (Section 8A):
  • When prescribed livestock or livestock of a prescribed species/class are moved between properties with different property identification codes, the first owner must make a declaration before movement.
  • The declaration must be clear, legible, in an approved form by the Secretary, and contain specified information (property identification code of origin, date of movement, number of livestock, name and signature of declarant, date of declaration, intended destination, and any other prescribed particulars).
  • If ownership changes, the first owner must give the vendor declaration to the new owner before or at delivery.
  • If ownership does not change, the first owner must keep the vendor declaration for the prescribed period after making it.
  • Transporters given a vendor declaration must ensure it accompanies the livestock at all times and give it to the person taking possession upon delivery.
  • Livestock agents given a vendor declaration must give it or a livestock agent declaration to the new owner within the prescribed period.
  • Owners or livestock agents giving declarations must keep a copy for the prescribed period.
  • Persons receiving declarations must keep them for the prescribed period.
• Identification of Livestock (Section 9 & 9A):
  • Cattle or prescribed livestock/species/class must be branded, tagged, or identified in accordance with Section 9A and in the prescribed manner when dispatched for sale at saleyards, slaughter at an abattoir, disposal at a knackery, sold by auction or otherwise, transported for these purposes, slaughtered or disposed of at licensed premises, processed, or moved between properties with different (or no) property identification codes.
  • The owner must ensure cattle or prescribed livestock are permanently tagged, marked, branded, or identified with a Secretary-approved tag/mark/brand/device that has a property identification code and individual identification number, and is manufactured or sold by an authorised person.
  • Removal, defacing, obliterating, or altering of permanent identification is prohibited, except as directed by an inspector, by abattoir/knackery personnel during slaughter/disposal, or in accordance with regulations.
• Possession of Cattle or Livestock if Permanent Identification Removed or Replaced (Section 9AB):
  • A person must not be in possession or control of cattle or prescribed livestock with removed permanent identification, unless removed in accordance with the Act/regulations or with a reasonable excuse.
  • A person must not be in possession or control of cattle or prescribed livestock with replaced permanent identification, unless replaced in accordance with the Act/regulations or with a reasonable excuse.
• Property Identification Codes (Section 9B):
  • Owners of cattle or prescribed livestock must apply to the Secretary for a property identification code for the property where the livestock are kept.
  • Persons carrying on a livestock business must apply for a property identification code for the place where the business is carried out.
  • Applications must be in the prescribed manner, contain prescribed information, and be accompanied by any fixed fee.
  • Holders of a property identification code must advise the Secretary in writing of any change in application information within 28 days of the change.
  • Use of a property identification code no longer in force is prohibited.
• Requirements for Manufacturers of Tags and Devices (Section 9C):
  • A person must not make, sell, or offer/expose for sale livestock identification tags/devices (for Section 9 or 9A purposes, or containing a property identification code) unless authorised in writing by the Secretary.
  • A person must not reuse an individual livestock identification tag/mark/brand/device for other livestock unless authorised in writing by the Secretary.
• Entry of Livestock etc. (Section 10):
  • Prohibited to bring diseased livestock or livestock product into Victoria unless with prior Secretary authority or a licence.
  • Prohibited to bring livestock, livestock product, fodder, or fittings into Victoria contrary to orders/regulations, or without prescribed inspection and certification.
  • Prohibited to abandon, allow to stray, drive, or move livestock/products/fodder/fittings introduced into Victoria contrary to orders/regulations or without prescribed inspection and certification.
• Quarantine Areas (Section 11):
  • Prohibited to abandon livestock in or allow livestock to stray in or out of a quarantine area.
  • Prohibited to drive livestock into, through, or out of a quarantine area without written inspector authority.
  • Prohibited to remove or move livestock products, fodder, fittings, soil, sand, or other material into or from a quarantine area without written inspector authority.
  • Prohibited to move a vehicle into or from a quarantine area without written inspector authority.
• Offences relating to diseased livestock exposure/movement (Section 12):
  • Prohibited to expose diseased livestock in markets, public places, saleyards.
  • Prohibited to place diseased livestock in lairs or places connected to sale areas.
  • Prohibited to send or cause to be carried diseased livestock on vehicles or vessels.
  • Prohibited to carry, lead, or drive diseased livestock on or by highways/thoroughfares.
  • Prohibited to keep diseased stock on commons, highway sides, or insufficiently fenced land unless constantly followed and kept in sight.
  • Owners of diseased livestock found in prohibited places are liable.
  • Persons granted exemptions must comply with exemption conditions.
• Separation or Isolation of Livestock (Section 13):
  • An owner or person in charge of livestock ordered to be separated/isolated by an inspector must comply with the written order.
• Destruction or Disposal (Section 14 & 15):
  • Owners of livestock, livestock products, fodder, or fittings destroyed or disposed of by Ministerial direction (for contravention of Act/orders/regulations) are not entitled to compensation except as expressly provided.
  • Owners or persons in charge must be notified of an inspector’s intention to destroy or dispose of livestock, livestock products, fodder, fittings, or articles believed/suspected to be diseased or in contact with diseased items.
• Testing for Diseases (Section 16):
  • Testing, analysis, or diagnostic examination of samples/specimens from livestock/products for disease determination must be conducted at a Secretary-registered veterinary diagnostic laboratory or by a Secretary-approved person/class using approved methods and conditions.
  • Persons submitting samples/specimens must reasonably believe the testing will occur at a registered laboratory.
  • Persons submitting samples/specimens to facilities outside Victoria must notify the Secretary in writing of positive disease results within 7 days, including date of submission, owner/submitter name/address, property identification code, species, and other prescribed information.
  • The owner/person in charge of a registered veterinary diagnostic laboratory must ensure tests comply with prescribed standards, keep and submit prescribed records to the Secretary in the prescribed time and manner, and ensure facilities/practices comply with prescribed accreditation standards (unless a declared small laboratory).
  • The owner/person in charge of a registered veterinary diagnostic laboratory must comply with Secretary’s direction to participate in proficiency testing programs.
• Feeding of Pigs (Section 41):
  • Prohibited to store mammal-originating material or material in direct contact with it at pig premises.
  • Prohibited to collect mammal-originating material for feeding to pigs.
  • Prohibited to feed or allow access to mammal-originating material to pigs.
  • Prohibited to allow or direct another person to feed or allow access to mammal-originating material to pigs.
  • Prohibited to supply mammal-originating material to another person knowing it is for feeding to pigs.
• Secretary may issue permit for feeding wild pigs (Section 41A):
  • If holding a permit to feed mammal-originating material to wild pigs for research or baiting, the permit holder must comply with any conditions imposed on the permit.
  • If a permit is revoked, the permit holder must immediately return it to the Secretary or an inspector upon request.
• Sewage Farm Cattle and Pigs (Sections 43, 44A, 44B):
  • Owners/occupiers of land used for depositing/spreading sewage/sewage treatment products must not permit cattle or pigs to graze or be on that land (unless purified to an approved standard, or for water corporations under specific conditions).
  • Prohibited to feed cattle/pigs with pasture/crops grown on land with sewage/sewage treatment products unless with Secretary’s approval and conditions.
  • Owners of cattle/pigs must not permit them access to recycled water from a water corporation (unless purified to an approved standard, or for water corporations under specific conditions).
  • The owner of “relevant land” related to exposed cattle or pigs must notify the Secretary in the prescribed manner and within the prescribed period, with prescribed information.
  • The owner of exposed cattle or pigs must not send them for slaughter or sell them without Secretary approval (Section 44B(1)).
  • Owners must comply with any conditions imposed on the Secretary’s approval to sell or slaughter exposed cattle or pigs (Section 44B(4)).
• Dairying Animals (Section 45):
  • Dairy farmers must prevent the use of a cow, goat, sheep, or buffalo for dairy food production/preparation for sale if given a written notice prohibiting its use by an inspector.
  • Prohibited for any person to use or permit the use of such an animal for dairy food production/preparation for sale while a prohibition notice is in force.
• Registration of Beekeepers (Section 48):
  • A person must be registered as a beekeeper under the Act to keep bees (with an exception for out-of-state beekeepers for 3 months if their hives are marked with their home state/territory brand).
  • Registered beekeepers must pay the biennial fee fixed by the Minister not later than 7 days after the date of issue or renewal of registration, and every second anniversary thereafter.
• Hives to be Marked with Registered Brand (Section 50):
  • Registered beekeepers must ensure hives in their possession or control are marked or branded with their registered brand in the prescribed manner.
• Disposal and Acquisition of Hives (Section 51):
  • A beekeeper must notify the Secretary in writing of hive disposal within 7 days in the prescribed form.
  • A person acquiring a beehive must cancel the previous owner’s registered brand and substitute their own within 28 days.
• Exposure of Bees to Infected Articles etc. (Section 52):
  • Prohibited to expose infected hives, beeswax, fittings, or other articles in a manner allowing bee access unless disinfected.
  • Prohibited to expose or extract infected honey in a manner allowing bee access.
  • Prohibited to expose infected pollen allowing bee access.
• Access of Bees to Honey etc. (Section 53):
  • Beekeepers must take all reasonable precautions to prevent bees from accessing exposed honey, honeycomb, fittings, or other articles containing honey that are in their possession or control.
• Artificially Bred Livestock (Section 55, 57, 58):
  • Prohibited to sell semen from any sire unless the sire was approved by the Secretary at the time of collection.
  • Persons selling semen must keep prescribed records in the prescribed manner.
  • Prohibited to sell diseased semen.
  • Prohibited to use premises for semen collection for sale unless licensed by the Secretary for those premises.
  • Prohibited to conduct training courses for artificial breeding unless the course and provider are approved by the Secretary.
• Claims for Compensation (Section 88):
  • Owners must apply for compensation in the prescribed manner and within the prescribed time limits.
  • For carcases/portions condemned as unfit, a sample/specimen must be sent to a registered veterinary diagnostic laboratory and a report confirming disease must be obtained.
• False Claims (Section 91):
  • Prohibited to make any false or misleading statement in any application, form, notice, or report relating to a claim for compensation.
• Payment of Duty by Owners (Section 92):
  • Owners selling cattle/calves/carcases directly (not through/to an approved agent) must personally or via agent:
    • Write a statement with number sold, purchase money per head/carcase, date of sale, and duty paid to Commissioner of State Revenue.
    • Give/send the statement to the purchaser within 7 days after sale.
  • Similar requirements apply for owners selling sheep/goats/carcases and pigs/carcases directly.
• Records of Sales and Purchases (Section 94A):
  • Approved agents or persons operating as stock and station agents, abattoir operators, feedlot operators, cattle scale operators, calf dealers, or other prescribed businesses selling prescribed livestock/carcases as agents for another must:
    • Record prescribed particulars about livestock sold.
    • Supply these particulars to prescribed purchasers.
    • Make records available for inspection by an inspector for 7 years after the sale.
  • Approved agents or persons operating as abattoir operators, knackery, saleyard operators, stock and station agents, or other prescribed businesses purchasing prescribed livestock must:
    • Record prescribed particulars about livestock purchased.
    • Supply these particulars to prescribed sellers.
    • Make records available for inspection by an inspector for 7 years after the purchase.
• Notification about Livestock Slaughter or Disposal (Section 94B):
  • Operators of abattoirs or knackeries must, at the time of slaughter or disposal of cattle or prescribed livestock, make a record including date, code allocated by the Secretary (Section 9B), individual livestock identification number, and any other prescribed information.
  • Operators must notify the Secretary or a nominated person of these details within 7 days or a lesser period specified by the Secretary by an approved method.
• Payment of Duty by Approved Agents (Sections 95, 95A, 95B):
  • Approved agents must, by the 21st day of each month, furnish to the Commissioner of State Revenue a nil return (if no sales/purchases) or returns of sales/purchases of cattle/calves/carcases, sheep/goats/carcases, or pigs/carcases in the prescribed form and verified in the prescribed manner.
  • Approved agents must pay the chargeable duty on these returns by the 21st day of each month.
  • Approved agents must keep sufficient books in Victoria to accurately calculate return amounts.
  • Approved agents must keep books, records, and working papers for inspection for at least 3 years from the month the return relates to (or other Commissioner-determined period).
  • Approved agents must issue invoices to purchasers setting out registration number, duty paid, “Vic. Cattle Duty Paid” (or Sheep and Goat, or Swine), and any prescribed particulars.
  • Purchasers must keep these invoices for at least 3 years.
  • Approved agents must issue statements to sellers setting out registration number, duty paid, “Vic. Cattle Duty Paid” (or Sheep and Goat, or Swine), and any prescribed particulars.
  • Sellers must keep these statements for at least 3 years.
• Evidence of Ownership of Livestock (Section 96B):
  • An agent must not sell prescribed livestock on behalf of another person unless that person is known to the agent or has provided evidence of ownership.
• Licences, Registrations etc. Administration (Sections 97, 98, 100):
  • Applicants for a licence or registration must use the Secretary-approved form, include required information and prescribed records, and pay the relevant fee.
  • Holders of licences or registrations must comply with all prescribed conditions, restrictions, or limitations, and any imposed by the Secretary and specified in the licence/registration.
  • If conditions are varied, omitted, or new ones imposed by the Secretary, the holder must comply.
  • Compliance is required to avoid cancellation or suspension of licence/registration.
• Non-compliance under order (Section 107):
  • If a person fails to comply with an order of the Minister or Secretary, or a direction by an inspector, or any other requirement under this Act, the person may be liable for the reasonable costs and expenses incurred by an inspector in carrying out the order/direction/requirement.
• Inspectors’ Directions and Requirements (Section 137):
  • Prohibited to obstruct, hinder, threaten, abuse, insult, intimidate, or attempt to obstruct/intimidate an inspector.
  • Prohibited to contravene a lawful direction, order, or requirement of an inspector.
  • Prohibited to refuse to answer a question lawfully asked by an inspector or to produce a document lawfully required (unless self-incrimination claim is made).
  • Prohibited to give false or misleading information or answers to an inspector.
  • Prohibited to refuse to produce any livestock, livestock product, fodder, or fitting when lawfully requested.
  • Owners of livestock must, upon inspector request, muster, yard, and secure their livestock and provide sufficient assistance for inspection.
  • Prohibited to interfere with anything done by an inspector in the exercise of powers.
  • Prohibited to include false or misleading statements or omit material matters in applications/requests to the Secretary or in records/returns/accounts/information under the Act/regulations.
• Quarantine Notices (Section 112):
  • Prohibited to contravene any provision of a quarantine notice.
• Disinfection Notices (Section 114):
  • Prohibited to contravene any provision of a disinfection notice.
• Treatment Notices (Section 115):
  • Owners or persons in charge of affected livestock must comply with written treatment notices to submit livestock for examination, testing, vaccination, inoculation, or other treatment.
  • They must also comply with directions to keep affected livestock separated/isolated, restrict/prohibit sale/disposition/movement of affected livestock or their products, during waiting, treatment, and until no longer a potential disease vector.
• Identification Notices (Section 115A):
  • Owners or persons in charge of livestock must comply with written identification notices to tag/mark livestock with disease/suspected disease identification.
  • Owners or persons in charge of livestock must comply with written identification notices to tag/mark/brand/identify livestock as per Section 9 or 9A.
  • They must ensure livestock remain tagged/marked/branded/identified in that manner in specified circumstances.
• Removal Notice (Feeding of Pigs) (Section 115AB):
  • A relevant person must comply with a written direction from an inspector to remove, destroy, or dispose of material related to a contravention of Section 41(1), including specified timeframes and manner of carrying out the direction.
• Assistance to Inspectors for Exotic Diseases (Section 117):
  • Owners or persons in charge/apparent control of premises/places/vehicles suspected of being infected with an exotic disease must provide reasonable assistance specified in a written notice, including vaccinating livestock, mustering livestock, confining livestock, repairing fences/cages, providing facilities, muzzling dogs, and disinfecting themselves.
  • Compliance is required within the stated time and manner.
• Power to Obtain Information for Exotic Diseases (Section 118):
  • Persons must answer questions reasonably believed to provide information for disease prevention/control/eradication if informed refusal is an offence.
  • Persons must state name and place of residence if required.
  • Persons must produce any record or other document required.
• Seized Livestock and Property (Section 120):
  • If livestock or other items are seized, and not destroyed, their release may be conditional on payment of incurred charges.
  • If released, the owner may be required to take measures to eliminate any associated risk.
• Hives to be Cleaned (Section 122):
  • Beekeepers must clean and disinfect hives, livestock products of bees, fittings, or other articles liable to spread disease as ordered by an inspector, in the specified manner and time.
  • Beekeepers must destroy articles as ordered by an inspector (with Secretary’s approval if value exceeds $12,000).
• Construction of Hives (Section 123):
  • Prohibited to keep bees in hives that lack moveable frames, from which honeycomb cannot be readily removed without cutting/tearing, or that cannot be readily handled for inspection.
  • If hives do not comply, beekeepers must transfer bees to another hive or adjust the hive/honeycomb/frame as specified by an inspector within the given time.
• Direction to Attend at Hives (Section 124):
  • Beekeepers must attend at their hives at the time specified in a written notice (at least 7 days notice unless inspector suspects disease) and remove/cause removal of frames/honeycomb as required to facilitate inspection.
• Abandoned Hives (Section 125):
  • If hives bear a registered brand (Victorian or other State/Territory), an inspector must give at least 7 days notice to the beekeeper before disposing of them.
• False or Misleading Statements (Section 137A):
  • Prohibited to make false or misleading statements in a material detail, or fail to include material matter, when making, keeping, or providing any record, return, account, or other information under the Act/regulations.

Metadata Keywords:

Livestock, Disease Control, Biosecurity, Animal Health, Agriculture Victoria, Compensation, Identification, Quarantine, Victoria

Publication Information:

Authorised Version No. 085, as at 1 October 2024. Original Act No. 115 of 1994, assented to on 20 December 1994.

Agricultural Industry Alignment:

Beef & Veal, Chicken, Dairy, Eggs, Pig, Sheep Meat, Wool, Bees.

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://content.legislation.vic.gov.au/sites/default/files/2024-10/94-115aa085-authorised.pdf →