Western Australia Cattle Industry Compensation Regulations 1966 Western Australia Cattle Industry Compensation Regulations 1966 CONTENTS 1. Citation 1 2. Interpretation 1 3. Chief Inspector may require cattle to be tested 2 4. Owner to submit cattle for testing 2 5. Owner to provide crush 2 6. Tuberculin testing 3 6A. Brucellosis testing 3 7. Positive reaction to tuberculin test 4 7A. Positive reaction to brucellosis test 4 8. Cattle suffering from disease 4 8A. Order under section 14B of the Act 5 9. Claim for compensation if cattle destroyed 5 9A. Claim for compensation for cattle destroyed under section 14B of the Act 6 10. Claim for compensation if carcass unfit for consumption 6 10A. Claim for compensation in relation to specified diseases 6 11. Slaughter of diseased cattle 7 12. Proceeds from sale of carcasses 7 13. Notification of loss or death 8 14. Notification of diseased cattle 8 15. Breach of regulations an offence 8 Schedule 9 Notes Compilation table 22 Western Australia Cattle Industry Compensation Act 1965 Cattle Industry Compensation Regulations 1966 1. Citation These regulations may be cited as the Cattle Industry Compensation Regulations 1966 1. 2. Interpretation (1) In these regulations unless the context requires otherwise - authorised person means a person authorised by the Chief Inspector; testing means the application of the tuberculin test for tuberculosis or serological testing for brucellosis; the Act means the Cattle Industry Compensation Act 1965; words and expressions defined in section 6 of the Act and used in these regulations have the same respective meanings as in the Act. (2) Reference to "registered stud cattle" in any recommendation approved by the Governor in pursuance of section 16(3) of the Act, should be read as reference to a breeding animal that is registered in any recognized herd book maintained by a Breed Society whose rules require identification of individual animals, and in the case of a female breeding animal, an animal that is being used or is intended to be used for the purpose of producing registered progeny. [Regulation 2 amended in Gazette 19 Feb 1971 p. 522; 22 May 1972 p. 1360; 6 Nov 1981 p. 4581.] 3. Chief Inspector may require cattle to be tested The Chief Inspector may, on giving to the owner of cattle 7 days' previous notice in writing in the Form No. 1 in the Schedule, request that owner to submit, at a time and place to be specified in the notice, his cattle to inspection or to testing, or to both, by the Chief Inspector, an inspector, a veterinary officer of the Department, or a veterinary surgeon authorised by the Chief Inspector. [Regulation 3 amended in Gazette 19 Feb 1971 p. 522.] 4. Owner to submit cattle for testing Every owner of cattle, on receipt of notice pursuant to regulation 3, shall at the time and place specified in the notice, submit his cattle for the purpose referred to in that regulation, and shall render to the person inspecting or testing the cattle all reasonable assistance with the handling of them. 5. Owner to provide crush (1) Every owner of cattle shall provide a crush or other suitable means of restraint for the purpose of inspection or testing of his cattle under these regulations, to the satisfaction of the person carrying out the inspection or testing. (2) An owner who fails or neglects to provide a crush or other suitable means of restraint pursuant to this regulation commits an offence against these regulations. (3) Where a question arises as to whether a crush or other means of restraint is adequate for the purposes of this regulation, the question shall be referred to the Chief Inspector who shall determine the question and whose determination shall be final and conclusive. [Regulation 5 amended in Gazette 19 Feb 1971 p. 522.] 6. Tuberculin testing (1) Where cattle have been submitted to a tuberculin test pursuant to the provisions of section 11 of the Act, the person who carried out the test shall within 7 days thereafter sign and furnish to the Chief Inspector - (a) a report in the Form No. 2 in the Schedule, setting forth particulars of the number and kind of cattle tested, the number of positive reactors (if any) and the person's claim for any expenditure incurred for work authorised by the Department; and (b) a return in the Form No. 3 in that Schedule of the positive reactors to the tuberculin test of the cattle. (2) The owner of the cattle so tested shall certify that the test has been made and the positive reactors identified and for that purpose shall sign the certificate endorsed on the Form No. 2 referred to in this regulation. [Regulation 6 amended in Gazette 20 Jul 1984 p. 2195.] 6A. Brucellosis testing (1) Where cattle have been submitted to testing for brucellosis pursuant to the provisions of section 11 of the Act, the person who collected the samples for testing shall - (a) individually identify the animals in relation to the samples taken and forthwith submit those samples to the Animal Health Laboratory or a Regional Laboratory conducted by the Department for examination; and (b) within 7 days of the date of collecting those samples furnish to the Chief Inspector a return in the Form No. 3A in the Schedule. (2) The owner of the cattle so tested shall certify that blood samples were collected and the animals identified and for that purpose shall sign the certificate endorsed at the foot of the Form No. 3A referred to in this regulation. [Regulation 6A inserted in Gazette 19 Feb 1971 p. 522.] 7. Positive reaction to tuberculin test All cattle which upon being subjected to a tuberculin test give a positive reaction, or which upon being inspected are found to be showing clinical evidence of disease, shall be branded on the rump with the imprint of a ^, or earmarked with a ^ earmark, and every animal that has reacted to the tuberculin test shall also be tagged for identification with a tag in a form approved from time to time by the Director and issued by the Department bearing the letters "TB" and a serial number. [Regulation 7 amended in Gazette 22 Dec 1972 p. 4795.] 7A. Positive reaction to brucellosis test All cattle which, upon being subjected to serological testing for brucellosis give a positive reaction or which have been shown to be infected by bacteriological examination shall be branded on the rump with the imprint "BR" or earmarked with a ^ earmark and shall be tagged for identification with a tag in a form approved from time to time by the Director and issued by the Department bearing the letters BR and a serial number. [Regulation 7A inserted in Gazette 19 Feb 1971 p. 523; amended in Gazette 22 Dec 1972 p. 4795.] 8. Cattle suffering from disease (1) Where any cattle are found by inspection or by the application of a tuberculin test to be suffering from disease, the Chief Inspector shall give forthwith to the owner of the cattle notice in writing in the Form No. 4 in the Schedule, and by such notice shall require the owner within a time to be specified in the notice - (a) to remove such cattle from the herd for the purpose of their being slaughtered; and (b) either to destroy at his own expense such cattle within the meaning of the word "destroy" in the Stock Diseases Act 1895 2 (as amended), or to convey or consign such cattle to an abattoir specified in the notice for the purpose of slaughter, and the owner shall keep such cattle isolated from the herd pending slaughter by him or conveyance or consignment for the purpose of slaughter. (2) Where any cattle are found by testing to be affected with brucellosis, the Chief Inspector may give notice thereof in writing to the owner of the cattle in the Form No. 4 in the Schedule. (3) The cost of transporting cattle conveyed or consigned to an abattoir for slaughter, pursuant to subregulations (1) or (2), whether that transport be by rail or by road shall be borne by the Fund. [Regulation 8 amended in Gazette 19 Feb 1971 p. 523.] 8A. Order under section 14B of the Act An order for the purposes of section 14B of the Act shall be in the form of Form 2A in the Schedule. [Regulation 8A inserted in Gazette 7 Apr 1989 p. 1064.] 9. Claim for compensation if cattle destroyed (1) An application for payment of compensation in respect of cattle destroyed pursuant to the Act and these regulations, other than applications for payments of compensation referred to in relations 9A, 10 and 10A, shall be made to the Chief Inspector in the Form No. 3 in the Schedule within 30 days after the destruction of the animal or animals in respect of which compensation is claimed. (2) The application shall be in writing signed by the owner of the animal or animals in respect of which compensation is claimed, and shall contain particulars of the description and the value of each animal destroyed. [Regulation 9 amended in Gazette 26 May 1971 p. 1804; 7 Apr 1989 p. 1065.] 9A. Claim for compensation for cattle destroyed under section 14B of the Act An application for payment of compensation in respect of cattle which have been destroyed by or by order of the Chief Inspector under section 14B of the Act shall be made to the Chief Inspector in the form of Form 3B in the Schedule. [Regulation 9A inserted in Gazette 7 Apr 1989 p. 1065.] 10. Claim for compensation if carcass unfit for consumption (1) An application for payment of compensation in respect of any carcass or portion of a carcass of an animal being a head of cattle which carcass or portion is, in pursuance of any Act, at an abattoir condemned because of disease as unfit for human consumption shall be made to the Chief Inspector in the Form No. 6 in the Schedule within 30 days after the condemnation of that carcass or portion of a carcass. (2) The application shall be in writing signed by the owner of the carcass or portion of a carcass in respect of which compensation is claimed, shall contain particulars of the weight of that carcass or portion of carcass, the market value thereof, the number of the tail tag (if any) attached in accordance with regulation 80 of the Enzootic Diseases Regulations 1970 and the reason for condemnation, and shall be signed by the person responsible for the condemnation. [Regulation 10 amended in Gazette 21 Sep 1972 p. 3861.] 10A. Claim for compensation in relation to specified diseases An application for payment of compensation in respect of - (a) cattle which have died from a specified disease; (b) cattle which have been destroyed by the order of, or with the consent of, the Chief Inspector, because the cattle were suffering from a specified disease; or (c) carcasses which have been condemned by the Chief Inspector or an Inspector or other authorised person because of a specified disease as unfit for human consumption, shall be made to the Chief Inspector in the form of Form 3AA in the Schedule. [Regulation 10A inserted in Gazette 6 Nov 1981 p. 4581.] 11. Slaughter of diseased cattle (1) Where pursuant to regulation 8 cattle are ordered to be conveyed or consigned to an abattoir for slaughter, the Chief Inspector shall notify in writing forthwith the officer in charge of the abattoir specified in the notice given to the owner pursuant to that regulation, that the cattle are to be so conveyed or consigned and shall inform him of the approximate date of their delivery. (2) The notice to be given under subregulation (1) to the officer in charge of an abattoir shall be in the Form No. 7 in the Schedule and shall contain particulars of the description of the cattle to be destroyed, including the brands and tag numbers used for the purposes of identification by the person who carried out the testing in respect of the cattle. (3) On receipt of notice under this regulation the officer in charge of the abattoir, or the deputy of that officer, shall give instructions for the slaughter of the cattle when delivered and for the realisation of the carcasses. [Regulation 11 amended in Gazette 19 Feb 1971 p. 523.] 12. Proceeds from sale of carcasses After slaughter of cattle at an abattoir and realisation of the carcasses, in accordance with regulation 11, the officer in charge of the abattoir shall as soon thereafter as may be practicable notify the Department accordingly in the Form No. 8 in the Schedule, and remit to the Director the proceeds of realisation of the carcasses after deducting therefrom any slaughtering charges or other expenses actually incurred in relation to the destruction of the cattle and realisation of the carcasses. 13. Notification of loss or death In the event of the loss or death of any cattle that have been ordered to be destroyed pursuant to the Act and these regulations, the owner of such cattle shall immediately notify the Chief Inspector of the loss or death and furnish him with particulars of the description of each animal that has become lost or has died. 14. Notification of diseased cattle Notwithstanding that his herd of cattle has been inspected or tested in accordance with the Act and these regulations, every owner of cattle shall, whenever an animal is visibly suffering from disease, or is showing symptoms from which it may reasonably be suspected of suffering from disease, notify the Chief Inspector thereof immediately upon becoming aware of the same. 15. Breach of regulations an offence A person who omits to do anything directed to be done or does or attempts to do anything forbidden to be done, by or under these regulations, commits an offence against these regulations, and is liable to a penalty not exceeding $100. Schedule Form No. 1 Regulation 3 Cattle Industry Compensation Act 1965 TO (Owner of Cattle) ............................................................................ ................. Address ............................................................................ ...................................... I hereby give you notice that a Veterinary Surgeon authorised by the Chief Inspector of Stock will visit your property on ..................................................... 20............. at ....................................... o'clock for the purpose of inspecting and conducting a tuberculin test of your cattle and you are hereby required to muster and yard such cattle at the time and date mentioned and submit them to such inspection and test and to render all reasonable assistance in connection with the handling of the animals. Take notice also that you are required to provide a crush or other suitable means of restraint for the purpose of such inspection or tuberculin testing, and that failure or neglect by you so to do may render you liable to a penalty not exceeding $100. Date ................................................ .................................................. Chief Inspector of Stock. Note. - "Cattle" refers to any bull, cow, ox, steer, heifer or calf. Form No. 2 Western Australian Department of Agriculture Cattle Industry Compensation Act 1965 Regulation 6 No. ....................................... |Chief Inspector of Stock|Practitioners Reference No. | |Department of |........................ | |Agriculture | | |South Perth 6151 |Department File No. | | |.............................| | |...... | I hereby certify that the following cattle belonging to (NAME) ........................... ............................................ of (PROPERTY) ....................................................... were subjected to the single intradermal tuberculin test on ................................... 20 .................... and all positive reactors identified by numbered tags as required. | | Part |Whole Herd (|Premise No. ( | |Beef/Dairy* |Herd ( | | | |Bulls |Test |Check ( |Identification | |...............|Type: | |of Reactors | |.... | | | | |Cows | |Eradication |................| |...............| |( |................| |.... | | |..... | |Oxen | |Survey ( |................| |...............| | |................| |.... | | |..... | |Steers | |Movement ( |................| |...............| | |................| |.... | | |..... | |Calves | |Other ( |................| |...............| | |................| |.... | | |..... | |Total |No. Reactors ................ No. | |...............|with Lesions .................... | |.... | | Signed .................................. (Veterinary Surgeon) Date...................... *Delete not required. I hereby certify that the above cattle were tuberculin tested by .............................. Veterinary Surgeon, on the date shown and that the positive reactors were identified as described. Signed .............................................. (Owner) Date ..................... CLAIM FOR PAYMENT FOR TUBERCULIN TESTING Account Code |PAY: |Creditor's Name: | | |Address: | | |Town/Suburb: | | |Postcode: | |Date of | |FOR THE FOLLOWING SERVICES | | | | | |Service | | | |Quantity|Particulars |Rate |Amount | | | | |$ | | | | |c | | |Testing | | | | | |Travel | | | | | |Autopsies | | | | | | | |Total | | I hereby certify that the above expenditure was incurred for work authorised by the Department of Agriculture, Western Australia. Signed .................................... (Veterinary Surgeon) Date ............................... OFFICE USE ONLY |I certify that this Account |I certify that this | |as regards computations |Account is correct within | |castings and rates is |the meaning of section 33 | |correct and the service has |of the Audit Act 1904 3. | |been faithfully performed. | | | | | |Officer incurring the |Certifying Officer , 20 | |expense , 20 | | Form 2A [Reg. 8A] Cattle Industry Compensation Act 1965 ORDER FOR THE DESTRUCTION OF INFECTED CATTLE (Section 14B) To 1 ....................................................................... ................................................. You are hereby notified that 2 ............................................................................ .... ........................................................... situated at 3 ................................................. ............................................................................ .................................................... shall be destroyed in accordance with this order. 4 ............................................................................ ................................................. ............................................................................ .................................................... Chief Inspector of Stock. Date................................. 1 Name of names and address(es) of owner(s) of cattle. 2 Description of cattle to be destroyed. 3 Description of property. 4 Brief description of the manner in which, the time within which and by whom the cattle shall be destroyed. Form No. 3 Regulations 6 and 9 Cattle Industry Compensation Act 1965 CLAIM FOR COMPENSATION To Chief Inspector of Stock. *I/WE .............................................. of ................................................................. DO SOLEMNLY AND SINCERELY declare that *I am/we are the owner(s) of the cattle described in the Schedule hereunder and that the information contained therein is to the best of *my/our knowledge and belief correct in every particular and *I/we make this solemn declaration by virtue of section 106 of the Evidence Act 1906. AND *I/We accept the valuation set out in the Schedule hereunder and apply for payment of compensation. Declared at ...................... this .................. day of ................................., 20.......... Before me ..................... (witness). Signature of owner(s) ............... ............... SCHEDULE OF PARTICULARS OF POSITIVE REACTORS TO TEST * Delete as required. |Metal |Brand or |Sex |Colou|Breed|Age |Valuatio| |Reactor tag|Ear tag | |r | |(years|n | | |Number | | | |) | $ | |Number | | | | | | c | | | | | | | | | | | | | | | | | | | | | | | | | | | | Total Claimed ............................ DISEASE TYPE: 1 ( TUBERCULOSIS 2 ( BRUCELLOSIS 3 ( .......................................... ................................................... If disease is not 1 or 2 above state type at 3. Signature of Stock Inspector. Form No. 3AA Regulation 10A Cattle Industry Compensation Act 1965 CLAIM FOR COMPENSATION AND CERTIFICATE OF INSPECTOR To: Chief Inspector of Stock. *I/We ................................................ of ................................................................ DO SOLEMNLY AND SINCERELY declare that *I am/we are the owner(s) of the cattle described in the Schedule hereunder and that the information contained therein is to the best of *my/our knowledge and belief correct in every particular and *I/we make this solemn declaration by virtue of section 106 of the Evidence Act 1906. AND * I/We accept the valuation set out in the Schedule hereunder and apply for payment of compensation. Declared at ...................... this .................. day of .................................. 20.......... Before me ............................................................ (witness) Signature of owner(s) ............................................................................ ................ * Delete as required. SCHEDULE OF PARTICULARS OF CATTLE/CARCASSES FOR WHICH COMPENSATION IS CLAIMED |Brand or |Sex |Colo|Breed |Age |Died/ |Valuati| |Ear tag | |ur | |(year|Destroy|on | |Number | | | |s) |ed | | | | | | | | | | | | | | | | | | | | | | | | | | Disease causing death for which cattle/carcasses destroyed ............................................................................ ...................... After due enquiry I have no reason to doubt the correctness of the above declaration in any particular and certify that in my opinion the stock/carcasses are eligible for compensation, having died from/were destroyed because of ............................, a disease specified by notice in the Government Gazette dated .............................., and being located in the area specified, namely ....................................................... ....................................................... Inspector or other authorised person. ........................................................ Date Form No. 3A Regulation 6A Cattle Industry Compensation Act 1965 Practitioners Reference No. Departmental File No. Chief Inspector of Stock, Department of Agriculture, South Perth. I hereby certify that blood samples were collected from each of the following cattle on the property of ............................................................................ ............. of .......................................................... on ............................................................ 20......... These animals were individually identified as per data sheets forwarded together with the samples to the Animal Health Laboratory/Regional Veterinary Laboratory for serological testing. | |Licensed | | | | |Milk Herd |Butterfat |Beef Herd | | | |Herd | | Bulls Cows Heifers Total Date ........................................... ................................................................... Veterinary Surgeon. I hereby certify that blood samples were collected and animals identified by .................................................... Veterinary Surgeon on the date shown. Date ........................................... ................................................................... Owner of Cattle. Note: "Cattle" refers to any bull, cow or heifer over the age of 6 months. Form 3B [Reg. 9A] Cattle Industry Compensation Act 1965 CLAIM FOR COMPENSATION To the Chief Inspector of Stock 1 I/We...................................................................... ................................................ of.......................................................................... ................................................... 1 am/are the 1 owner(s) of 2 .......................................................................... ......... situated at 3 .......................................................................... ................................... the subject of an order under section 14B of the Act. 1 I/We accept the valuation of $ 4 ................................................................... and hereby apply for payment of compensation for that amount. Signature of 1 owner(s).............................................................. ................... Date ............................................................. 1 Delete as required. 2 Number and description of cattle to be destroyed. 3 Description of property. 4 The value of the destroyed cattle determined by agreement under section 17 of the Act. Form No. 4 Regulation 8 Cattle Industry Compensation Act 1965 NOTICE TO REMOVE DISEASED CATTLE To (owner of cattle) ............................................ of .............................................. The diseased cattle described in the Schedule hereunder must he removed from your herd for slaughter. You are required to isolate and *destroy/yard these cattle on or before .................................................... 20............. Yarded cattle are to be consigned by *rail/road for slaughter and sale of carcasses at the ............................................................ abattoir on the above date. ......................................................... .................................... For the Chief Inspector Date of Stock. * Delete as required. |Metal |Brand or |Sex |Colou|Breed|Age |Valuatio| |Reactor tag|Ear tag | |r | |(year|n | | |Number | | | |s) |$ | |Number | | | | | | c | | | | | | | | | | | | | | | | | | | | | | | | | | | | DISEASE TYPE: 1 ( TUBERCULOSIS 2 ( BRUCELLOSIS 3 ( .......................................... If disease is not 1 or 2 above state type at 3. [pic] [Form 5 deleted in Gazette 26 May 1971 p. 1805.] Form No. 6 Regulation 10 Cattle Industry Compensation Act 1965 Chief Inspector of Stock, Department of Agriculture, South Perth. I, ...................................................... of ............................................................. in the State of Western Australia, hereby make application for payment of compensation for the carcasses or portions of carcasses condemned on ....................... day of ............................... 20.......... at .......................................... Schedule of Particulars of Carcasses or portions of Carcasses |Date of |Description, |Disease |Portion |Market | |Slaughter|Weight and | |Condemned |Value | | |Tail-tag Number| | | | | | | | | | | | | | | | | | | | | | And I, the said .......................................... do solemnly and sincerely declare that I am the owner of the carcasses or portions of carcasses described in the above Schedule and that the information contained therein is to the best of my knowledge and belief correct in every particular and I make this solemn declaration by virtue of section 106 of the Evidence Act 1906. Declared at .................................................. in the State of Western Australia the .............. day of ........................... 20.............. ............................................. ........... (Signature of Owner.) (To be completed by the person who issued the condemnation order.) I certify that the statements made in the foregoing claim are correct. ............................................. ........... Meat Inspector. Form No. 7 Regulation 11 The Manager ......................................... Abattoir Cattle Industry Compensation Act 1965 NOTICE OF CONSIGNMENT OF DISEASED CATTLE FOR SLAUGHTER Owner's Name .......................................... Address .............................................. The diseased cattle described in the Schedule hereunder have been removed from the owner's herd and *destroyed/yarded for consignment on the ............... .................................... 20......... by *rail/road for slaughter and sale of carcasses at the .......................... abattoir. For Chief Inspector of Stock .................... on .............................. 20.......... * Delete as required. SCHEDULE OF PARTICULARS OF POSITIVE REACTORS TO TEST |Me|Brand | | |ta|or Ear |Se| |l |Tag Number |x | |Re| | | |ac| | | |to| | | |r | | | | | | | |Ta| | | |g | | | |Nu| | | |mb| | | |er| | | Owner's name:....................................................................... ................................. Address:.................................................................... .............................................. PARTICULARS OF CATTLE SLAUGHTERED |1 |2 |3 |4 |5 |6 |7 |8 | | |Carcass weight |Gross |Value |Total |Net | |Tag | |value | |gross |value | |No. | |of |of | |of | | | |carcas|hide |value |carcas| | | |s | |(5 + |s | | | |(3 x |$ |6) |$ | | | |4) | c |$ | c | | | |$ | | c | | | | | c | | | | | |Condem|Sold |Rate | | | | | | |ned |kg |c/kg | | | | | | |kg | | | | | | | | | | | |Cattle Industry |14 Feb 19|14 Feb 1966 | |Compensation |66 | | |Regulations 1966 |p. 491-6 | | | |19 Feb 19|19 Feb 1971 | | |71 | | | |p. 522-3 | | | |26 May 19|26 May 1971 | | |71 | | | |p. 1804-5| | | |22 May 19|22 May 1972 | | |72 | | | |p. 1360 | | | |21 Sep 19|21 Sep 1972 | | |72 | | | |p. 3861 | | | |22 Dec 19|22 Dec 1972 | | |72 | | | |p. 4795 | | |Reprint of the Cattle Industry Compensation | |Regulations 1966 authorised 31 Jul 1973 | |in Gazette 6 Aug 1973 p. 2977-84 (includes amendments| |listed above) | | |7 May 197|7 May 1976 | | |6 | | | |p. 1410-1| | | |2 | | |Cattle Industry |6 Nov 198|6 Nov 1981 | |Compensation Amendment |1 p. 4581| | |Regulations 1981 | | | |Cattle Industry |20 Jul 19|20 Jul 1984 | |Compensation Amendment |84 | | |Regulations 1984 |p. 2195-6| | |Cattle Industry |7 Apr 198|7 Apr 1989 | |Compensation Amendment |9 | | |Regulations 1989 |p. 1064-5| | |Reprint of the Cattle Industry Compensation | |Regulations 1966 as at 28 Jun 2002 | |(includes amendments listed above) | 2 Repealed by the Stock Diseases (Regulations) Act 1968. 3 Repealed by the Financial Administration and Audit Act 1985.