Queensland Consolidated Acts

BRANDS ACT 1915 - SECT 24

(1) Every person who is guilty of any of the following acts relating to the branding or marking of any stock commits an offence--

(a)--

(i) using or attempting to use or knowingly permitting to be used; or

(ii) without lawful excuse (the proof of which shall be upon the person) having in possession or at the person's residence or premises;

any branding instrument or pliers other than a branding instrument or pliers relating to any brand or earmark which under this Act the person is entitled to use;

(b) branding or marking, or directing, aiding, or assisting to brand or mark without lawful excuse (the proof whereof shall lie upon the person), any stock on any portion thereof with a brand or earmark of any kind whatever which is not registered in the person's name or the name of any person whom the person is directing, aiding or assisting;

(c) marking any cattle, sheep, or goat by removing more than one-third of the ear;

(d) marking any cattle, sheep, or goat by means of any instrument other than pliers;

(e) marking with a spay mark any cattle other than a cow or heifer which has been spayed;

(f) making or cutting any mark other than a mark which the person is authorised or permitted by this Act to make or cut;

(g) failing at the time when the person spays a cow or heifer to mark such cow or heifer with a spay mark;

(h) having in the person's possession or suffering to be on or in a holding of which the person is the owner or the person apparently in charge any branding instrument bearing a letter, numeral, sign, character, symbol, or mark which does not comply with the provisions of this Act applicable thereto or, as the case may require, a determination of the Minister made in relation thereto;

(i) in any other way offending against any of the provisions of this Act connected with the branding or marking of stock.

Maximum penalty--8 penalty units.

(2) However, a person is not liable under this section for anything done or omitted to be done by the person--

(a) in compliance with the direction and with the consent of the owner of a brand or earmark; and

(b) which could lawfully be done or omitted to be done by that owner.