Western Australian Consolidated Regulations

ENZOOTIC DISEASES REGULATIONS 1970 - REG 79

79 .         Sale of NLIS devices by approved manufacturers

        (1)         An approved manufacturer must not sell an NLIS device to a person unless —

            (a)         the person has applied to the manufacturer for an NLIS device that will identify animals owned by that person or animals to which NLIS post breeder devices must be applied; and

            (b)         the person has given the manufacturer —

                  (i)         his or her full name and address; and

                  (ii)         the relevant PIC of the property on which the animals are kept by the person;

                and

            (c)         the manufacturer has confirmed that the PIC is a relevant PIC relating to a property where the person keeps the animals —

                  (i)         by sighting the code in an original certificate of registration of a brand under section 23 of the Stock (Identification and Movement) Act 1970 in relation to a brand registered for those animals; or

                  (ii)         by application to the Chief Inspector; or

                  (iii)         by reference to the internet website maintained under regulation 81(3) of these regulations or regulation 12(4) of the Stock (Identification and Movement) Regulations 1972 ;

                and

            (d)         the manufacturer has kept a written or electronic record of that confirmation; and

            (e)         the NLIS device includes that PIC in its visible identification number.

        Penalty: a fine of $5 000.

        (2)         The Chief Inspector may request an approved manufacturer to make available to an approved person any record of confirmation kept under subregulation (1)(d).

        (3)         An approved manufacturer must comply with a request under subregulation (2) as soon as practicable after the request is made.

        Penalty: a fine of $5 000.

        (4)         An approved manufacturer who sells an NLIS device must, after the sale but before giving the device to the purchaser —

            (a)         encode in the device a number referred to in regulation 77(2)(a); and

            (b)         display on the device a visual identification number that includes the relevant PIC of the property of the purchaser; and

            (c)         update the NLIS database in relation to that device by recording the numbers referred to in paragraphs (a) and (b) and the date on which the device is to be given to the purchaser.

        Penalty: a fine of $5 000.

        (5)         If an approved manufacturer gives an NLIS device to a purchaser on a date that is different to a date recorded under subregulation (4)(c), the approved manufacturer must, as soon as practicable after the device is given to the purchaser, update the database by recording the correct date.

        Penalty: a fine of $5 000.

        [Regulation 79 inserted in Gazette 19 Sep 2006 p. 3735‑7; amended in Gazette 23 May 2008 p. 1990.]