STOCK ACT 2005 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 3. Dictionary 4. Notes 5. Offences against Act--application of Criminal Code etc PART 2--STOCK LEVY 6. Stock units and levy amount 7. Stock-carrying capacity 8. Occupier to pay stock levy 9. Returns for stock levy 10. Stock levy notice 11. Person to pay levy 12. Unpaid stock levy PART 3--MARKS 13. Registers 14. Application for registration of mark 15. Further information for registration application 16. Decision about registration of mark approval 17. Effect of registration 18. Use of registered mark by personal representative 19. Cancellation of registered mark 20. Correction of register 21. Unauthorised use of mark 22. Use of earmark--large stock 23. Use of earmark--certain small stock 24. Earmarking--stock kept for fleece etc 25. Cutting, alteration etc of earmark 26. Placement of permanent brands PART 4--TRAVELLING STOCK 27. Application for permit 28. Issue of permits 29. Offence to travel stock without permit 30. Production of permit 31. Movement of travelling stock PART 5--IMPOUNDING STOCK 32. Meaning of impound for pt 6 33. Director-general may impound trespassing stock 34. Occupier may impound trespassing stock 35. Person to tell owner and director-general about impounded stock 36. Director-general may impound stock impounded by someone else 37. Notice of impounded stock 38. Release of impounded stock 39. Selling impounded stock 40. Application of the proceeds of impound sales 41. Application for release of impounded stock 42. Offence--allowing stock to trespass 43. Offences relating to impounded stock 44. Part does not affect other rights PART 6--ENFORCEMENT Division 6.1--General 45. Definitions for pt 6 Division 6.2--Authorised people 46. Appointment of authorised people 47. Identity cards Division 6.3--Powers of authorised people 48. Power to enter premises 49. Production of identity card 50. Consent to entry 51. General powers on entry to premises 52. Power to require name and address 53. Power to seize things Division 6.4--Search warrants 54. Warrants generally 55. Warrants--application made other than in person 56. Search warrants--announcement before entry 57. Details of search warrant to be given to occupier etc 58. Occupier entitled to be present during search etc Division 6.5--Return and forfeiture of things seized 59. Receipt for things seized 60. Moving things to another place for examination or processing under search 61. Access to things seized 62. Return of things seized Division 6.6--Miscellaneous 63. Damage etc to be minimised 64. Compensation for exercise of enforcement powers PART 7--NOTIFICATION AND REVIEW OF DECISIONS 65. Meaning of reviewable decision--pt 7 66. Reviewable decision notices 66A. Applications for review PART 8--MISCELLANEOUS 67. References to particular animals 68. Determination of fees 69. Approved forms 70. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES STOCK ACT 2005 - LONG TITLE An Act about stock, and for other purposes STOCK ACT 2005 - SECT 1 Name of Act This Act is the Stock Act 2005. STOCK ACT 2005 - SECT 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition '"impound", for part 5 (Impounding stock)--see section 32.' means that the term 'impound' is defined in that section for part 5. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). STOCK ACT 2005 - SECT 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. STOCK ACT 2005 - SECT 5 Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. STOCK ACT 2005 - SECT 6 Stock units and levy amount (1) The Minister may, in writing, determine-- (a) for each kind of stock, the number of animals making up a stock unit; and (b) the levy amount per stock unit. (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. STOCK ACT 2005 - SECT 7 Stock-carrying capacity The director-general may determine the stock-carrying capacity, in stock units, of land held under a lease permitting the carrying of stock. STOCK ACT 2005 - SECT 8 Occupier to pay stock levy (1) This section applies to a person who, in a financial year, is the occupier of land held under a lease permitting the carrying of stock. (2) A levy (stock levy) is payable for the financial year by the person. (3) The stock levy is the greater of the following: (a) the amount worked out as follows-- ; (b) the minimum stock levy. (4) In this section: "DO" means the number of days in the financial year when the person is the occupier of the land. "minimum stock levy" means the amount prescribed by regulation for this definition. "SCC" means the stock-carrying capacity of the land determined under section 7. "UL "means the levy amount determined under section 6 per stock unit. STOCK ACT 2005 - SECT 9 Returns for stock levy (1) If a person is liable to pay stock levy under this part for a financial year, the person must give the director-general a return for the levy for the financial year within 7 days after the end of the year. Maximum penalty: 10 penalty units. Note If a form is approved under s 69 for a return, the form must be used. (2) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 10 Stock levy notice As soon as practicable after the end of a financial year, the director-general must give written notice to a person liable to pay stock levy under this part for the year of the amount of stock levy payable. STOCK ACT 2005 - SECT 11 Person to pay levy (1) A person liable to pay stock levy under this part for a financial year must pay the levy to the Territory within 90 days after the day the person receives notice under section 10 for the year. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 12 Unpaid stock levy (1) A lease permitting the carrying of stock on land is taken to include a covenant by the occupier of the land to pay stock levy payable in relation to the land. (2) This section does not limit any right of the Territory to recover any amount of unpaid stock levy as a debt. STOCK ACT 2005 - SECT 13 Registers The director-general must keep-- (a) a register of small stock marks; and (b) a register of large stock marks. STOCK ACT 2005 - SECT 14 Application for registration of mark A person may apply, in writing, to the director-general for the registration of a mark. Note 1 If a form is approved under s 69 for an application, the form must be used. Note 2 A fee may be determined under s 68 for this provision. STOCK ACT 2005 - SECT 15 Further information for registration application (1) The director-general may ask the applicant to give the director-general additional information or a document that the director-general reasonably needs to decide the application. (2) If the applicant does not comply with a requirement under subsection (1), the director-general may refuse to consider the application further. STOCK ACT 2005 - SECT 16 Decision about registration of mark approval (1) If the director-general receives an application to register a mark, the director-general must-- (a) register the mark; or (b) refuse to register the mark. (2) The director-general must not register a mark if-- (a) the design of a mark registered under this Act-- (i) is the same as the design of the mark; or (ii) might be confused with the design of the mark; or (iii) may easily be changed to resemble the design of the mark; or (b) the design and proposed method of application of the mark is not suitable for its purpose; or (c) for a mark that is a permanent brand--the mark contains an alphanumeric or symbolic character that is-- (i) less than 35mm or more than 75mm in height; and (ii) located less than 10mm from another character. (3) If the director-general registers a mark, the director-general must-- (a) give the applicant a certificate of registration of the mark; and (b) enter the mark in the appropriate stock register. Note If a form is approved under s 69 for a certificate, the form must be used. STOCK ACT 2005 - SECT 17 Effect of registration (1) If a mark is registered under section 16, the applicant for registration is the registered owner of the mark. (2) The registered owner of a mark is entitled to exclusive use of the mark. STOCK ACT 2005 - SECT 18 Use of registered mark by personal representative (1) This section applies if a person who is the registered owner of a mark dies. (2) The person's personal representative is taken to be the registered owner of the mark until the distribution of the part of the person's estate that includes stock bearing the mark is finalised. (3) As soon as practicable after the distribution of that part of the estate is finalised, the personal representative must tell the director-general that the part of the person's estate has been distributed. STOCK ACT 2005 - SECT 19 Cancellation of registered mark The director-general may cancel the registration of a mark-- (a) if the director-general is satisfied, on reasonable grounds, that-- (i) the mark is not in use, or needed for use, by its registered owner; or (ii) the registration was obtained by fraud or misrepresentation; or (b) if the registered owner asks the director-general to cancel the registration; or (c) if the registered owner is a corporation--on the winding-up of the corporation. STOCK ACT 2005 - SECT 20 Correction of register The director-general may correct a mistake, error or omission in a register. STOCK ACT 2005 - SECT 21 Unauthorised use of mark (1) A person commits an offence if the person-- (a) applies a registered mark to stock; and (b) is not-- (i) the registered owner of the mark; or (ii) acting with the permission of the owner. Maximum penalty: 50 penalty units. (2) A person commits an offence if the person-- (a) applies a registered mark to stock; and (b) is not-- (i) the owner of the stock; or (ii) acting with the permission of the owner. Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 22 Use of earmark--large stock (1) A person commits an offence if the person-- (a) earmarks large stock with a registered mark; and (b) does not have the director-general's approval to earmark the stock. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 23 Use of earmark--certain small stock (1) This section applies to a person if-- (a) the person is the owner of a sheep or goat that is at least 6 months old; and (b) the animal is not earmarked. (2) The person commits an offence if the animal is not earmarked in accordance with subsection (3) no later than 14 days after the day the animal turns 6 months old or the person becomes its owner (whichever is later). Maximum penalty: 10 penalty units. (3) The animal must be earmarked-- (a) using an earmark for which the person is the registered owner; and (b) on the following ear: (i) for a male or desexed animal--the left ear; (ii) for a female animal--the right ear. (4) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 24 Earmarking--stock kept for fleece etc (1) The owner of large stock kept for the commercial value of its fleece or hide may apply, in writing, to the director-general for approval to place an earmark on the stock. Note 1 If a form is approved under s 69 for an application, the form must be used. Note 2 A fee may be determined under s 68 for this provision. (2) The director-general must give the approval if satisfied that the stock is kept for the commercial value of its fleece or hide. STOCK ACT 2005 - SECT 25 Cutting, alteration etc of earmark (1) A person commits an offence if-- (a) in earmarking stock, the person cuts off more than ¼ of the ear; or (b) the person alters or destroys a stock earmark. Maximum penalty: 50 penalty units. (2) A person commits an offence if-- (a) for male or desexed stock--the person earmarks the right ear; or (b) for female stock--the person earmarks the left ear. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 26 Placement of permanent brands (1) A person commits an offence if the person applies a permanent brand to large stock in a way that contravenes a regulation. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 27 Application for permit A person may apply, in writing, to the director-general for a permit. Note 1 If a form is approved under s 69 for a permit, the form must be used. Note 2 A fee may be determined under s 68 for this provision. STOCK ACT 2005 - SECT 28 Issue of permits (1) A person commits an offence if the person-- (a) issues a permit for stock; and (b) is not the director-general or the owner of the stock. Maximum penalty: 50 penalty units. Note The dictionary defines the owner of stock to include a person who is in control of the stock for the owner. (2) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 29 Offence to travel stock without permit (1) A person commits an offence if-- (a) the person travels stock; and (b) the person is not the owner of the stock; and (c) the person does not have a permit to travel the stock-- (i) issued by the director-general or the owner of the stock; or (ii) issued under a corresponding law. Maximum penalty: 50 penalty units. (2) If a person in charge of travelling stock (the first drover) delivers stock to someone else, the first drover must-- (a) endorse on the permit for the stock the name of the other person; and (b) give the other person the endorsed permit. Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. (4) In this section: "corresponding law" means-- (a) a law of a State regulating stock; or (b) a law prescribed by regulation as a corresponding law for this definition. STOCK ACT 2005 - SECT 30 Production of permit (1) A person in charge of travelling stock commits an offence if-- (a) any of the following people asks the person to produce the permit to travel the stock: (i) an authorised person; (ii) a police officer; (iii) the occupier of land where the stock is travelling; and (b) the person does not produce the permit. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. (3) A person need not comply with a request under subsection (1) by an authorised person if the authorised person does not produce his or her identity card when asked by the person. STOCK ACT 2005 - SECT 31 Movement of travelling stock A person in charge of travelling stock must travel the stock by the most direct route reasonable in the circumstances. Maximum penalty: 10 penalty units. STOCK ACT 2005 - SECT 32 Meaning of impound for pt 6 In this part: "impound"--stock is impounded if it is seized and secured, or seized and transported to a place to be secured. STOCK ACT 2005 - SECT 33 Director-general may impound trespassing stock (1) The director-general may impound stock that is-- (a) on unleased land; or (b) uncontrolled on a road. (2) Subsection (1) (a) does not apply to stock if-- (a) a person has a licence from the Territory or the Commonwealth to keep stock on the land; and (b) the stock is owned by the person or is on the land with the person's permission. Note A fee may be determined under s 68 for maintaining or travelling impounded stock. STOCK ACT 2005 - SECT 34 Occupier may impound trespassing stock (1) An occupier of land may impound stock that is trespassing on the land. (2) The occupier may return the stock to its owner, whether by sending the stock to a convenient place near land occupied by the owner or otherwise. Note A fee may be determined under s 68 for maintaining or travelling impounded stock. STOCK ACT 2005 - SECT 35 Person to tell owner and director-general about impounded stock (1) If a person other than the director-general impounds stock, the person must-- (a) take reasonable steps to identify the owner of the stock; and (b) if the owner is identified-- (i) tell the owner that the stock has been impounded; and (ii) ask the owner to remove the stock. Example for par (a) an earmark or brand on the stock may be used to identify the owner Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The person must tell the director-general that the stock has been impounded if-- (a) the owner of the stock is not identified; or (b) the owner is identified and does not remove the stock within 24 hours after being asked to remove the stock. STOCK ACT 2005 - SECT 36 Director-general may impound stock impounded by someone else (1) This section applies if the director-general is told that an occupier of land has impounded stock. (2) The director-general may impound the stock. (3) However, the director-general may agree with the occupier of the land that the stock, although impounded by the director-general, remain on the occupier's land. Note A fee may be determined under s 68 for maintaining or travelling impounded stock. STOCK ACT 2005 - SECT 37 Notice of impounded stock (1) This section applies if the director-general impounds stock. (2) The director-general must-- (a) take reasonable steps to identify the owner of the stock; and (b) if the owner is identified, give the owner written notice of-- (i) the impounding of the stock; and (ii) the location of the stock; and (iii) the fees payable for maintaining or travelling the stock; and (c) if the owner is not identified--publish in a newspaper circulating in the ACT, a notice containing the information mentioned in paragraph (b). STOCK ACT 2005 - SECT 38 Release of impounded stock (1) The director-general must release impounded stock to a person if-- (a) the director-general is satisfied that the person is the owner of the stock; and (b) the person has paid the fees payable for maintaining or travelling the stock. (2) Fees payable for maintaining impounded stock are payable to-- (a) for any period when the director-general maintains the stock-- the Territory; and (b) for any period when someone else maintains the stock--the person. (3) Fees payable for travelling impounded stock are payable to-- (a) if the director-general travels the stock--the Territory; and (b) if someone else who has impounded the stock travels the stock--the person. STOCK ACT 2005 - SECT 39 Selling impounded stock (1) If impounded stock is not released within 14 days after the day notice of the impounding is given to the owner, or published, under section 37 (2), the director-general must offer the stock for sale at auction. (2) If the stock is not sold at auction, the director-general-- (a) may sell the stock in another way; and (b) if selling the stock in another way--must take steps to obtain the best price possible in the circumstances. (3) If the director-general cannot sell the stock, the director-general may destroy it and dispose of it in any way the director-general considers appropriate. STOCK ACT 2005 - SECT 40 Application of the proceeds of impound sales (1) The proceeds of sale of impounded stock must be applied as follows: (a) first, to the expenses of the sale; (b) second, to any amount payable for maintaining or travelling the stock; (c) the balance to the owner of the stock. (2) If an amount is to be applied under this section to a person other than the Territory, the director-general must take reasonable steps to tell the person about the amount as soon as practicable after the day of sale. (3) If an amount to be applied under this section is not claimed within 1 year after the day of sale, it becomes public money of the Territory. (4) Any amount payable to a person or the Territory for maintaining or travelling the stock that exceeds the amount applied under subsection (1) (b) is recoverable from the owner of the stock as a debt to the person or the Territory. STOCK ACT 2005 - SECT 41 Application for release of impounded stock (1) The owner of stock may apply to the Magistrates Court for an order for-- (a) the release of the stock; or (b) damages suffered by the owner because of the impounding. (2) The court may make any order it considers appropriate in relation to the stock if the court is satisfied that the impounding was not in accordance with this part or that an amount paid by the owner under this part was excessive. (3) Without limiting subsection (2), an order for damages may include an amount paid by the owner for the release of the stock. Examples 1 maintenance fees 2 travelling fees Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). STOCK ACT 2005 - SECT 42 Offence--allowing stock to trespass A person commits an offence if-- (a) the person engages in conduct reckless about whether stock may trespass; and (b) as a result of the conduct, stock trespasses. Maximum penalty: 10 penalty units. STOCK ACT 2005 - SECT 43 Offences relating to impounded stock (1) A person commits an offence if the person releases or interferes with impounded stock. Maximum penalty: 10 penalty units. (2) A person commits an offence if the person damages a fence or other structure securing impounded stock. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 44 Part does not affect other rights This part does not affect any right that a person may have to recover damages or compensation apart from this part. STOCK ACT 2005 - SECT 45 Definitions for pt 6 In this part: "connected"--a thing is connected with an offence if-- (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used to commit the offence. "occupier", of premises, includes-- (a) a person believed, on reasonable grounds, to be an occupier of the premises; and (b) a person apparently in charge of the premises. "offence" includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed. STOCK ACT 2005 - SECT 46 Appointment of authorised people The director-general may appoint a public servant to be an authorised person for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). STOCK ACT 2005 - SECT 47 Identity cards (1) The director-general must give an authorised person an identity card stating the person's name and that the person is an authorised person. (2) The identity card must show-- (a) a recent photograph of the person; and (b) the card's date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if-- (a) the person stops being an authorised person; and (b) the person does not return the person's identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being an authorised person. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 48 Power to enter premises (1) For this Act, an authorised person may-- (a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or (b) at any time, enter premises with the occupier's consent; or (c) enter premises in accordance with a search warrant. (2) For the purpose of checking the accuracy of a return under section 9 (Returns for stock levy), an authorised person may, at any reasonable time, enter premises if the authorised person believes, on reasonable grounds, that there is stock, or any documents relevant to the return at the premises. (3) However, subsection (1) (a) or (2) does not authorise entry into a part of premises that is being used only for residential purposes. (4) An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises. (5) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge. (6) In this section: "at any reasonable time "includes at any time-- (a) for subsection (1) (a)--when the public is entitled to use the premises, or when the premises are open to or used by the public (whether or not on payment of money); and (b) for subsection (2)--during normal business hours. STOCK ACT 2005 - SECT 49 Production of identity card An authorised person must not remain at premises entered under this part if the authorised person does not produce his or her identity card when asked by the occupier. STOCK ACT 2005 - SECT 50 Consent to entry (1) When seeking the consent of an occupier of premises to enter premises under section 48 (1) (b), an authorised person must-- (a) produce his or her identity card; and (b) tell the occupier-- (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgement of consent)-- (a) that the occupier was told-- (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (3) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if-- (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry. STOCK ACT 2005 - SECT 51 General powers on entry to premises (1) An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything on the premises: (a) inspect or examine; (b) take measurements or conduct tests; (c) take samples; (d) take photographs, films, or audio, video or other recordings; (e) require the occupier, or anyone at the premises, to give the authorised person reasonable help to exercise a power under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self incrimination and client legal privilege. (2) A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (e). Maximum penalty: 50 penalty units. STOCK ACT 2005 - SECT 52 Power to require name and address (1) An authorised person may require a person to state the person's name and home address if the authorised person believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The authorised person must tell the person the reason for the requirement and, as soon as practicable, record the reason. (3) The person may ask the authorised person to produce his or her identity card for inspection by the person. (4) A person must comply with a requirement made of the person under subsection (1) if the authorised person-- (a) tells the person the reason for the requirement; and (b) complies with any request made by the person under subsection (3). Maximum penalty: 10 penalty units. (5) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 53 Power to seize things (1) An authorised person who enters premises under this part with the occupier's consent may seize anything at the premises if-- (a) the authorised person is satisfied, on reasonable grounds, that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier's consent. (2) An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant. (3) An authorised person who enters premises under this part (whether with the occupier's consent, under a warrant or otherwise) may seize anything at the premises if satisfied, on reasonable grounds, that-- (a) the thing is connected with an offence against this Act; and (b) the seizure is necessary to prevent the thing from being-- (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Having seized a thing, an authorised person may-- (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or (b) leave the thing at the place of seizure but restrict access to it. (5) A person commits an offence if-- (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (4); and (b) the person does not have an authorised person's approval to interfere with the thing. Maximum penalty: 50 penalty units. (6) An offence against this section is a strict liability offence. STOCK ACT 2005 - SECT 54 Warrants generally (1) An authorised person may apply to a magistrate for a warrant to enter premises. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting-- (a) there is a particular thing or activity connected with an offence against this Act; and (b) the thing or activity-- (i) is, or is being engaged in, at the premises; or (ii) may be, or may be engaged in, at the premises within the next 14 days. (5) The warrant must state-- (a) that an authorised person may, with any necessary assistance and force, enter the premises and exercise the authorised person's powers under this part; and (b) the offence for which the warrant is sought; and (c) the thing that may be seized under the warrant; and (d) the hours when the premises may be entered; and (e) the date, within 14 days after the day of the warrant's issue, the warrant ends. STOCK ACT 2005 - SECT 55 Warrants--application made other than in person (1) An authorised person may apply for a warrant by phone, fax, radio or other form of communication if the authorised person considers it necessary because of-- (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised person if it is practicable to do so. (5) If it is not practicable to fax a copy to the authorised person-- (a) the magistrate must-- (i) tell the authorised person the terms of the warrant; and (ii) tell the authorised person the date and time the warrant was issued; and (b) the authorised person must complete a form of warrant (the "warrant form") and write on it-- (i) the magistrate's name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant's terms. (6) The faxed copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person's powers under this part. (7) The authorised person must, at the first reasonable opportunity, send to the magistrate-- (a) the sworn application; and (b) if the authorised person completed a warrant form--the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find that a power exercised by the authorised person was not authorised by a warrant under this section if-- (a) the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section. STOCK ACT 2005 - SECT 56 Search warrants--announcement before entry (1) An authorised person must, before anyone enters premises under a search warrant-- (a) announce that the authorised person is authorised to enter the premises; and (b) give anyone at the premises an opportunity to allow entry to the premises; and (c) if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises--identify himself or herself to the person. (2) The authorised person is not required to comply with subsection (1) if the authorised person believes, on reasonable grounds, that immediate entry to the premises is required to ensure-- (a) the safety of anyone (including the authorised person or a person assisting); or (b) that the effective execution of the warrant is not frustrated. STOCK ACT 2005 - SECT 57 Details of search warrant to be given to occupier etc If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the authorised person or a person assisting must make available to the person-- (a) a copy of the warrant; and (b) a document setting out the rights and obligations of the person. STOCK ACT 2005 - SECT 58 Occupier entitled to be present during search etc (1) If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted. (2) However, the person is not entitled to observe the search if-- (a) to do so would impede the search; or (b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time. STOCK ACT 2005 - SECT 59 Receipt for things seized (1) As soon as practicable after an authorised person seizes a thing under this part, the authorised person must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must leave the receipt, secured conspicuously, at the place of seizure under section 53 (Power to seize things). (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the authorised person's name, and how to contact the authorised person; (d) if the thing is moved from the place of seizure--where the thing is to be taken. STOCK ACT 2005 - SECT 60 Moving things to another place for examination or processing under search warrant (1) A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if-- (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates; (ii) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises agrees in writing. (2) The thing may be moved to another place for examination or processing for no longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the authorised person believes, on reasonable grounds, that the thing cannot be examined or processed within 72 hours. (4) The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. (5) If a thing is moved to another place under this section, the authorised person must, if practicable-- (a) tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the occupier or the occupier's representative to be present during the examination or processing. (6) The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section. STOCK ACT 2005 - SECT 61 Access to things seized A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may-- (a) inspect it; and (b) if it is a document--take extracts from it or make copies of it. STOCK ACT 2005 - SECT 62 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid by the Territory to the owner for the loss of the thing, if-- (a) an infringement notice for an offence relating to the thing is not served on the owner within 90 days after the day of the seizure and-- (i) a prosecution for an offence relating to the thing is not begun within the 90-day period; or (ii) a prosecution for an offence relating to the thing is begun within the 90-day period but the court does not find the offence proved; or (b) an infringement notice for an offence relating to the thing is served on the owner within 90 days after the day of the seizure, the infringement notice is withdrawn and-- (i) a prosecution for an offence relating to the thing is not begun within the 90-day period; or (ii) a prosecution for an offence relating to the thing is begun within the 90-day period but the court does not find the offence proved; or (c) an infringement notice for an offence relating to the thing is served on the owner and not withdrawn within 90 days after the day of the seizure, liability for the offence is disputed in accordance with the Magistrates Court Act 1930, section 132 (Disputing liability for infringement notice offence) and-- (i) an information is not laid in the Magistrates Court against the person for the offence within 60 days after the day notice is given under section 132 that liability is disputed; or (ii) an information is laid in the Magistrates Court against the person for the offence within the 60-day period, but the Magistrates Court does not find the offence proved. (2) If anything seized under this part is not required to be returned or reasonable compensation is not required to be paid under subsection (1), the thing-- (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of as the director-general directs. STOCK ACT 2005 - SECT 63 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take all reasonable steps to ensure that the authorised person, and a person assisting, causes as little inconvenience, detriment and damage as practicable. (2) If an authorised person, or a person assisting, damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes, on reasonable grounds, is the owner of the thing. (3) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises. STOCK ACT 2005 - SECT 64 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person or a person assisting an authorised person. (2) Compensation may be claimed and ordered in a proceeding for-- (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. STOCK ACT 2005 - SECT 65 Meaning of reviewable decision--pt 7 In this part: "reviewable decision" means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. STOCK ACT 2005 - SECT 66 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. STOCK ACT 2005 - SECT 66A Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. STOCK ACT 2005 - SECT 67 References to particular animals In this Act, a reference to an animal of a particular kind is a reference to an animal of that kind irrespective of age or sex. STOCK ACT 2005 - SECT 68 Determination of fees (1) The Minister may, in writing, determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3) (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. STOCK ACT 2005 - SECT 69 Approved forms (1) The Minister may, in writing, approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. STOCK ACT 2005 - SECT 70 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may make provision in relation to the destruction of trespassing stock. (3) A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences. STOCK ACT 2005 - SCHEDULE 1 Schedule 1 Reviewable decisions (see pt 7) column 1item column 2section column 3decision column 4entity 1 7 determine stock carrying capacity of land lessee of land to which determination relates 2 16 refuse to register mark applicant for registration 3 19 cancel registered mark person who held registration 4 24 refuse to give approval to earmark large stock applicant for approval STOCK ACT 2005 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o contravene o director-general (see s 163) o exercise o financial year o function o home address o public servant o reviewable decision notice o State. "at" premises includes in or on the premises. "authorised person" means an authorised person under section 46. "bovine" means any animal of the bovine group of animals within the bovidae family. Examples of bovine 1 bison (genus Bison bison) 2 Brahman (genus Bos indicus) 3 buffalo (genus Bubalus bubalis) 4 Hereford (genus Bos taurus) Note 1 A reference to an animal of a particular kind is a reference to an animal of that kind irrespective of age or sex (see s 67). Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). "connected", for part 6 (Enforcement)--see section 45. "earmark" means a shape cut into the ear of an animal. "engage" in conduct means-- (a) do an act; or (b) fail to do an act. "equine" means a horse, donkey, mule or hinny. Note A reference to an animal of a particular kind is a reference to an animal of that kind irrespective of age or sex (see s 67). "holding" means any parcel or parcels of land worked as a single property, whether held under the same or different titles. "impound", for part 5 (Impounding stock)--see section 32. "large stock" means an equine, bovine, alpaca, or any other animal declared by regulation to be large stock. "maintenance fee", for impounded stock, means the fee determined under section 68 for maintaining the stock. "mark" means an earmark or permanent brand. "occupier", of premises, for part 6 (Enforcement)--see section 45. "offence", for part 6 (Enforcement)--see section 45. "owner", of stock, includes a person who is in control of the stock for the owner. "premises" includes land or a structure or vehicle and any part of an area of land or a structure or vehicle. "permanent brand" means a mark made on the skin of an animal by burning or freezing. "permit" means a permit to travel stock. "register" means a register of stock marks kept under section 13. "registered mark" means a mark registered under section 16. "registered owner", of a mark--see section 17. "reviewable decision", for part 7 (Notification and review of decisions)--see section 65. "road" means any road, street, lane, thoroughfare or footpath open to, or used by, the public. "small stock" means a sheep, goat, pig, or any other animal declared by regulation to be small stock. "stock "means large stock or small stock. "stock levy"--see section 8. "stock unit" means a stock unit determined under section 6. "travel", for stock, means drive or transport the stock outside the holding where they are normally kept. "travelling fee", for impounded stock, means the fee determined under section 68 for travelling the stock. "vehicle"-- (a) see the Road Transport (General) Act 1999, dictionary; and (b) includes a boat or aircraft. STOCK ACT 2005 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Stock Act 2005 A2005-19 notified LR 13 April 2005 s 1, s 2 commenced 13 April 2005 (LA s 75 (1)) remainder commenced 26 August 2005 (s 2 and CN2005-13) as amended by ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.95 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.95 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.70 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.70 commenced 17 December 2009 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.142 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.142 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Commencements 2 om LA s 89 (4) Stock-carrying capacitys 7 am A2011-22 amdt 1.408 Returns for stock levys 9 am A2011-22 amdt 1.408 Stock levy notices 10 am A2011-22 amdt 1.408 Registerss 13 am A2011-22 amdt 1.408 Application for registration of marks 14 am A2011-22 amdt 1.408 Further information for registration applications 15 am A2011-22 amdt 1.408 Decision about registration of mark approvals 16 am A2011-22 amdt 1.408 Use of registered mark by personal representatives 18 am A2011-22 amdt 1.408 Cancellation of registered marks 19 am A2011-22 amdt 1.408 Correction of registers 20 am A2011-22 amdt 1.408 Use of earmark--large stocks 22 am A2011-22 amdt 1.405 Earmarking--stock kept for fleece etcs 24 am A2011-22 amdt 1.408 Application for permits 27 am A2011-22 amdt 1.408 Issue of permitss 28 am A2011-22 amdt 1.408 Offence to travel stock without permits 29 am A2011-22 amdt 1.408 Director-general may impound trespassing stocks 33 hdg sub A2011-22 amdt 1.406s 33 am A2011-22 amdt 1.406 Person to tell owner and director-general about impounded stocks 35 hdg am A2011-22 amdt 1.408s 35 am A2011-22 amdt 1.408 Director-general may impound stock impounded by someone elses 36 hdg am A2011-22 amdt 1.408s 36 am A2011-22 amdt 1.408 Notice of impounded stocks 37 am A2011-22 amdt 1.408 Release of impounded stocks 38 am A2011-22 amdt 1.408 Selling impounded stocks 39 am A2011-22 amdt 1.408 Application of the proceeds of impound saless 40 am A2011-22 amdt 1.408 Appointment of authorised peoples 46 am A2011-22 amdt 1.408 Identity cardss 47 am A2011-22 amdt 1.408 Power to require name and addresss 52 am A2009-49 amdt 3.182 Return of things seizeds 62 am A2011-22 amdt 1.408 Notification and review of decisionspt 7 hdg sub A2008-37 amdt 1.444 Meaning of reviewable decision--pt 7s 65 sub A2008-37 amdt 1.444 Reviewable decision noticess 66 sub A2008-37 amdt 1.444 Applications for reviews 66A ins A2008-37 amdt 1.444 Transitionalpt 9 hdg exp 26 August 2007 (s 75) Definitions for pt 9s 71 exp 26 August 2007 (s 75) Register under repealed Acts 72 exp 26 August 2007 (s 75) Travelling stock permits made under repealed Acts 73 exp 26 August 2007 (s 75) Transitional regulationss 74 exp 26 August 2007 (s 75) Expiry of pt 9s 75 exp 26 August 2007 (s 75) Consequential amendments and repealspt 10 hdg om LA s 89 (3) Legislation repealeds 76 om LA s 89 (3) Legislation amended--sch 1s 77 om LA s 89 (3) Reviewable decisionssch 1 om LA s 89 (3) ins A2008-37 amdt 1.445 Dictionarydict am A2008-37 amdt 1.446; A2009-49 amdt 3.183; A2011-22 amdt 1.407 def reviewable decision sub A2008-37 amdt 1.447 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R126 Aug 2005 26 Aug 2005--26 Aug 2007 not amended new Act R227 Aug 2007 27 Aug 2007-1 Feb 2009 not amended commenced expiry R32 Feb 2009 2 Feb 2009-16 Dec 2009 A2008-37 amendments by A2008-37 R417 Dec 2009 17 Dec 2009-30 June 2011 A2009-49 amendments by A2009-49 (c) Australian Capital Territory 2011 STOCK ACT 2005 - NOTES Australian Capital Territory A2005-19 Republication No 5 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Stock Act 2005 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Stock Act 2005 Endnotes Australian Capital Territory Stock Act 2005