Australian Capital Territory Consolidated Acts

STOCK ACT 2005 - NOTES

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:

              •     ACAT

              •     contravene

              •     director-general (see s 163)

              •     exercise

              •     financial year

              •     function

              •     home address

              •     public servant

              •     reviewable decision notice

              •     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.

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

Commencement
s 2     om LA s 89 (4)

Stock-carrying capacity
s 7     am A2011-22 amdt 1.408

Returns for stock levy
s 9     am A2011-22 amdt 1.408

Stock levy notice
s 10     am A2011-22 amdt 1.408

Registers
s 13     am A2011-22 amdt 1.408

Application for registration of mark
s 14     am A2011-22 amdt 1.408

Further information for registration application
s 15     am A2011-22 amdt 1.408

Decision about registration of mark approval
s 16     am A2011-22 amdt 1.408

Use of registered mark by personal representative
s 18     am A2011-22 amdt 1.408

Cancellation of registered mark
s 19     am A2011-22 amdt 1.408

Correction of register
s 20     am A2011-22 amdt 1.408

Use of earmark—large stock
s 22     am A2011-22 amdt 1.405

Earmarking—stock kept for fleece etc
s 24     am A2011-22 amdt 1.408

Application for permit
s 27     am A2011-22 amdt 1.408

Issue of permits
s 28     am A2011-22 amdt 1.408

Offence to travel stock without permit
s 29     am A2011-22 amdt 1.408

Director-general may impound trespassing stock
s 33 hdg     sub A2011-22 amdt 1.406
s 33     am A2011-22 amdt 1.406

Person to tell owner and director-general about impounded stock
s 35 hdg     am A2011-22 amdt 1.408
s 35     am A2011-22 amdt 1.408

Director-general may impound stock impounded by someone else
s 36 hdg     am A2011-22 amdt 1.408
s 36     am A2011-22 amdt 1.408

Notice of impounded stock
s 37     am A2011-22 amdt 1.408

Release of impounded stock
s 38     am A2011-22 amdt 1.408

Selling impounded stock
s 39     am A2011-22 amdt 1.408

Application of the proceeds of impound sales
s 40     am A2011-22 amdt 1.408

Appointment of authorised people
s 46     am A2011-22 amdt 1.408

Identity cards
s 47     am A2011-22 amdt 1.408

Power to require name and address
s 52     am A2009-49 amdt 3.182

Return of things seized
s 62     am A2011-22 amdt 1.408

Notification and review of decisions
pt 7 hdg     sub A2008-37 amdt 1.444

Meaning of reviewable decision—pt 7
s 65     sub A2008-37 amdt 1.444

Reviewable decision notices
s 66     sub A2008-37 amdt 1.444

Applications for review
s 66A     ins A2008-37 amdt 1.444

Transitional
pt 9 hdg     exp 26 August 2007 (s 75)

Definitions for pt 9
s 71     exp 26 August 2007 (s 75)

Register under repealed Act
s 72     exp 26 August 2007 (s 75)

Travelling stock permits made under repealed Act
s 73     exp 26 August 2007 (s 75)

Transitional regulations
s 74     exp 26 August 2007 (s 75)

Expiry of pt 9
s 75     exp 26 August 2007 (s 75)

Consequential amendments and repeals
pt 10 hdg     om LA s 89 (3)

Legislation repealed
s 76     om LA s 89 (3)

Legislation amended—sch 1
s 77     om LA s 89 (3)

Reviewable decisions
sch 1     om LA s 89 (3)
    ins A2008-37 amdt 1.445

Dictionary
dict     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
R1 26 Aug 2005	26 Aug 2005— 26 Aug 2007	not amended	new Act
R2 27 Aug 2007	27 Aug 2007– 1 Feb 2009	not amended	commenced expiry
R3 2 Feb 2009	2 Feb 2009– 16 Dec 2009	A2008-37	amendments by A2008-37
R4 17 Dec 2009	17 Dec 2009– 30 June 2011	A2009-49	amendments by A2009-49

© Australian Capital Territory 2011

Australian Capital Territory

A2005-19

Republication No 5

Effective: 1 July 2011

Republication date: 1 July 2011

Last amendment made by A2011-22





Unauthorised 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):

              • authorised republications to which the Legislation Act 2001 applies

              • 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