South Australian Consolidated Acts

BRANDS ACT 1933 - SECT 69

69—Certain offences

Any person who—

            (a)         except as expressly permitted by this Act, in any manner or position whatsoever brands or marks, or assists in branding or marking, any horse, cattle, or sheep, or causes, authorises, or suffers any horse, cattle, or sheep to be branded or marked, unless with a brand or mark which at the time is registered in his name, or in the name of the person by whose direction he so acts or suffers; or

            (b)         destroys, alters, defaces, or renders illegible any brand or mark of whatever description, or causes, authorises, suffers, or assists in the destroying, altering, defacing, or rendering illegible of any brand or mark of whatever description, upon any horse, cattle, or sheep, or any hide or skin; or

            (c)         sells or otherwise disposes of, or offers for sale or disposition, or has in his possession, any hide or skin, on which any brand or mark has been altered, defaced, or rendered illegible either before or after the death of the animal; or

            (d)         marks, or assists in marking, or causes, authorises, or suffers to be marked, any cattle or sheep on the ear in any manner contrary to the provisions of section 21A, 38 or 60, or by cutting off part of the dewlap; or

            (e)         has in his possession any cattle or sheep with its ear marked contrary to the provisions of section 21A, 38 or 60, or, in the case of cattle, with any part of the dewlap cut off; or

            (f)         except in attaching a tag to the ear of any cattle as provided by section 21A of this Act, marks or cuts the ear of any cattle whereon a distinctive mark has already been made;

shall be guilty of an offence, and liable to a penalty of not less than four dollars and not more than two hundred dollars, or shall be liable to be imprisoned for any term not exceeding six months:

Provided that subdivision (b) of this section shall not, as regards a registered brand, apply to anything done in the shearing of sheep at the usual shearing time of the owner of such sheep, if done by him or by his direction or with his consent: Provided further that it shall be a defence in any proceedings under subdivision (e) of this section if the defendant satisfies the court that the ear was marked or dewlap cut off by some person other than the defendant and without his knowledge or authority, express or implied.