Victorian Numbered Acts Victorian Numbered ActsFor section 9B of the Livestock Disease Control Act 1994 substitute —
(1) A person who owns any cattle or prescribed livestock or any livestock of a prescribed species or class must apply to the Secretary for the allocation of a code that identifies the property at which the cattle or livestock is to be kept.
Penalty: 60 penalty units.
(2) A person who carries on a livestock business must apply to the Secretary for the allocation of a code that identifies the place at which the person carries on that business.
Penalty: 60 penalty units.
(3) An application under this section must—
(a) be made in the prescribed manner; and
(b) contain the prescribed information; and
(c) be accompanied by the fee (if any) fixed by the Minister.
(4) The Secretary must allocate, to a person who has applied in accordance with this section, a code identifying—
(a) the property at which cattle or prescribed livestock or any livestock of a prescribed species or class are kept; or
(b) the place at which a livestock business is carried out.
(5) A code allocated under subsection (4) (a property identification code ) remains in force for any period that is specified by the Secretary with respect to the property identification code unless earlier cancelled by the Secretary.
(6) A person who has been allocated with a property identification code under this section must advise the Secretary in writing of any change in the information given in the application for the code within 28 days after the change.
Penalty: 5 penalty units.
(7) In this section—
"code" includes any configuration of numbers or letters or a combination of both numbers and letters;
"livestock business" means any of the following businesses—
(a) operating a saleyard;
(b) operating as a scale operator;
(c) operating a knackery;
(d) operating an abattoir;
(e) any other prescribed class of business.
(1) The Secretary may cancel a property identification code allocated under section 9B in any of the following circumstances—
(a) if a livestock business has ceased trading at a place in respect of which a property identification code was allocated;
(b) if there are no longer any livestock being kept at a property in respect of which a property identification code was allocated;
(c) if more than one property identification code has been allocated in respect of the same property and it is no longer appropriate that there be more than one property identification code allocated in respect of the property;
(d) if it is necessary to change the configuration of the numbers and letters in the property identification code.
(2) If a property identification code is cancelled under this section, the Secretary must give a written notice by post to the person who applied for the property identification code at the last known address of the person, which states—
(a) that the property identification code has been cancelled; and
(b) the reason for the cancellation; and
(c) except in the case of a cancellation under subsection (1)(d), that the person may apply to the Secretary for a review of the decision to cancel the property identification code in accordance with the requirements set out in section 9BB(2).
(3) A cancellation of a property identification code under this section takes effect from the earlier of—
(a) the end of the period within which a person may apply for a review of the decision under section 9BB; or
(b) the day the decision is affirmed by the Secretary under section 9BB.
(1) If a decision is made under section 9BA(1)(a), (1)(b) or (1)(c) to cancel a property identification code, the person who applied for that property identification code may apply to the Secretary for a review of the decision.
(2) An application must—
(a) be in writing and include the reasons as to why the property identification code should not be cancelled; and
(b) be made within 28 days after the person receives written notice of the cancellation under section 9BA(2).
(3) The Secretary must take into account the reasons included in the application when reviewing a decision under this section.
(4) The Secretary must determine whether to affirm or set aside a decision to cancel a property identification code within 28 days after receiving an application under this section.
(5) The Secretary must, without delay, give an applicant under this section written notice of any determination made under this section.
(6) If the decision to cancel a property identification code under section 9BA was made by a person on behalf of the Secretary, any review of that decision under this section must not be made by that person.
A person must not use a property identification code that is no longer in force—
(a) in relation to the identification of cattle or prescribed livestock or livestock of a prescribed species or class; or
(b) in connection with the carrying on of a livestock business (within the meaning of section 9B).
Penalty: 10 penalty units.".