Australian Capital Territory

stock act 1991
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 14 April 1999
TABLE OF PROVISIONS
Section
Part 1—Preliminary
	1.	Short title
	2.	Commencement
	3.	Repeal
	4.	Interpretation
Part 2—Administration
	5.	Controller of Stock
	6.	Deputy Controller of Stock
	7.	Inspectors
	8.	Identity cards
Part 3—Stock Levy and Marks
Division 1—Stock levy
	13.	Determination of stock levy
	14.	Stock carrying capacity
	15.	Imposition of stock levy
	16.	Returns
	17.	Inspectors—powers of entry
	18.	Stock levy notice
	19.	Payment of stock levy
	20.	Unpaid stock levy
Division 2—Marks
	21.	Offence—use of marks
	22.	Offence—earmarking certain small stock
	23.	Registers
	24.	Application for registration
	25.	Registration of mark
	26.	Effect of registration
	27.	Use of registered mark by personal representative
	28.	Cancellation of registered mark
	29.	Alteration of register
	30.	Placement of brands
	31.	Earmarking—stock with valuable fleece
	32.	Unauthorised use of mark
Part 4—Travelling Stock
	33.	Permits to travel stock
	34.	Issue of permits
	35.	Production of permit
	36.	Movement of travelling stock
part 4A—feeding of mammalian material to ruminants
	36A.	Interpretation
	36B.	Warning statements
	36C.	Manufacture of ruminant food
	36D.	Sale or supply of compounded feed and meal
	36E.	Obscuring of statements
	36F.	Removal of tags or labels
	36G.	Feeding mammalian material to ruminants
	36H.	Inspectors—powers of entry
	36I.	Inspectors—consent to entry
	36J.	Inspectors—search warrants
	36K.	Inspectors—identity cards must be produced
	36L.	Inspectors—inspection of premises
	36M.	Inspectors—procedure where samples taken
	36N.	Analysts
	36O.	Appointment of analysts
	36P.	Evidence of analysis
	36Q.	Seized items
Part 5—Miscellaneous
	37.	Obstruction
	38.	Evidence
	39.	Notification of decisions
	40.	Review of decisions
	41.	Notice—where more than 1 occupier
	42.	Power of Minister to determine fees
	44.	Regulations
	45.	Transitional
Schedule
Placement of Brands

Australian Capital Territory

stock act 1991
An Act relating to stock and ruminants
Part 1—Preliminary
1. 	Short title
	This Act may be cited as the Stock Act 1991.1
2.1 	Commencement
(1) 	Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2) 	Subject to subsection (3), the remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(3) 	If a provision referred to in subsection (2) has not commenced before the expiration of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision shall, by force of this subsection, commence on the expiration of that period.
3. 	Repeal
	The Stock Act 1934 is repealed.
4. 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
“cattle” includes any bovine species of animal;
“controller” means the Controller of Stock under section 5;
“deputy controller” means a Deputy Controller of Stock under 
section 6;
“determined fee” means the fee determined under section 42 for the purposes of the provision in which the expression occurs;
“drover” means a person in charge of travelling stock;
“earmark” means a shape cut into the ear of large stock, other than cattle or horses, or small stock, in accordance with this Act;
“holding” means any parcel or parcels of land worked as one property, whether held under the same or different titles;
“horse” includes an ass and a mule;
“inspector” means an inspector under section 7;
“large stock” means cattle, horses and such other animals as are declared by the regulations to be large stock for the purposes of this definition;
“mark” means an earmark or permanent brand;
“occupier”, in relation to land, means the person for the time being entitled to the possession of that land, and, where the occupier does not reside on the land, includes a person in charge of that land as manager for, or agent of, the owner;
“owner”, in relation to stock, includes a person for the time being having the custody or control of that stock on behalf of the owner as manager for, or representative or agent of, the owner;
“permanent brand” means a mark, other than an earmark, made on the skin of stock by burning or freezing;
“permit” means a permit to travel stock issued by the owner of the stock or by a person authorised by the Minister for the purpose;
“register” means the Small Stock Register or the Large Stock Register, as the case requires, kept pursuant to section 23;
“registered mark” means a mark registered under section 25;
“registered proprietor”, in relation to a mark, means the person for the time being entered in the relevant register under section 25 as the proprietor of the mark;
“small stock” means sheep, goats, pigs and such other animals as are declared by the regulations to be small stock for the purposes of this definition;
“stock” means—
	(a)	large stock; and
	(b)	small stock;
“stock levy” means the levy payable under Division 1 of Part 3;
“stock unit” means a stock unit determined in accordance with section 13;
“travelling stock” means stock being driven or transported otherwise than on the holding on which they are ordinarily depastured.
(2) 	A reference in this Act to an animal, being a reference consisting of a generic term that describes an animal of a particular kind and sex shall be read as a reference to an animal of that kind and sex irrespective of age.
part 2—administration
5. 	Controller of Stock
(1) 	There shall be a Controller of Stock.
(2) 	The chief executive shall create and maintain an office in the government service the duties of which include performing the functions of the Controller of Stock.
(3) 	The controller shall be the public servant for the time being performing the duties of the government service office referred to in subsection (2).
6. 	Deputy Controller of Stock
(1) 	There may be 1 or more Deputy Controllers of Stock.
(2) 	A deputy controller may perform any function of the controller, subject to any direction of the controller.
(3) 	The chief executive shall create and maintain 1 or more offices in the government service the duties of which include performing the functions of a Deputy Controller of Stock.
(4) 	A deputy registrar shall be a public servant for the time being performing the duties of the government service office referred to in subsection (3).
7. 	Inspectors
(1) 	There may be 1 or more inspectors for the purposes of this Act.
(2) 	The chief executive shall create and maintain 1 or more offices in the government service the duties of which include performing the functions of an inspector.
(3) 	An inspector is any public servant for the time being performing the functions of a government service office referred to in subsection (2).
8. 	Identity cards
(1) 	The chief executive shall issue to an inspector an identity card that specifies the inspector’s name and office, and on which appears a recent photograph of the inspector.
(2) 	Upon ceasing to occupy, or to act in, an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the chief executive.
Penalty: 1 penalty unit.
Part 3—Stock Levy and Marks
Division 1—Stock levy
13. 	Determination of stock levy
(1) 	The Minister may, by instrument, determine—
	(a)	in respect of each kind of stock, the number of stock units represented by a specified number of that kind of stock; and
	(b)	the levy for 1 stock unit.
(2) 	An instrument under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
14. 	Stock carrying capacity
	The controller may, by instrument, determine, from time to time, the stock carrying capacity, expressed in terms of stock units, of land held under a lease the terms of which authorise the carrying of stock on the land.
15. 	Imposition of stock levy
	A person who, on any day in a financial year, was the occupier of land under a lease, the terms of which authorised the carrying of stock on the land, is liable to pay, in respect of that year, a stock levy calculated in accordance with the formula—
UL X SCC X 
where—
	UL	is the levy for 1 stock unit determined under section 13;
	SCC	is the stock carrying capacity, expressed in stock units, of the land, as determined by the controller under section 14;
	DO	is the number of days in that year on which the person was the occupier.
16. 	Returns
(1) 	A person who is liable to pay a stock levy in respect of a financial year shall not, without reasonable excuse, fail to lodge with the controller a return before the next 31 July.
Penalty:  10 penalty units.
(2) 	A return under this section shall be in a form approved by the controller and shall specify—
	(a)	the land in the Territory occupied by the person under a lease the terms of which authorised the carrying of stock on the land; and
	(b)	in respect of each day on which that land was occupied by the person, the stock—
	(i)	owned by the person on that land; and
	(ii)	not owned by the person on that land.
17. 	Inspectors—powers of entry
(1) 	An inspector may, at any reasonable time, enter premises on which the inspector has reasonable grounds for believing there is stock, or there are kept any books, documents or other records relating to a return for the purposes of verifying the correctness of a return made in accordance with section 16.
(2) 	An inspector who enters premises under subsection (1) is not authorised to remain in or on the premises if, on request by the occupier of the land, the inspector does not show his or her identity card to the occupier.
(3) 	An inspector who enters premises under subsection (1) may inspect, make copies of, or take extracts from any books, documents or other records relating to a return.
(4) 	An inspector may require the occupier of land to give the inspector such assistance as is reasonable to enable the inspector to exercise his or her powers under this section.
(5) 	A person who, without reasonable excuse, contravenes a requirement made of the person under subsection (4) is guilty of an offence punishable, on conviction, by a fine not exceeding—
	(a)	if the offender is a natural person—50 penalty units; or
	(b)	if the offender is a body corporate—250 penalty units.
(6) 	In this section—
“premises” includes land.
18. 	Stock levy notice
	The controller shall, as soon as practicable after the expiration of a financial year, cause to be given to a person who is liable under section 15 to pay a stock levy in respect of that year, notice in writing of the amount of stock levy payable by that person and the due date for the payment of the levy.
19. 	Payment of stock levy
(1) 	A stock levy imposed by section 15 is payable to the Territory.
(2) 	The due date for the payment of a stock levy in respect of a financial year by a person is 28 days after the date of the notice under section 18.
20. 	Unpaid stock levy
(1) 	A lease the terms of which authorise the carrying of stock on the land the subject of the lease shall be deemed to include a covenant by the occupier to pay the stock levy imposed under section 15.
(2) 	Subsection (1) does not derogate from any right of the Territory to recover, as a debt due, any amount of unpaid stock levy.
Division 2—Marks
21. 	Offence—use of marks
(1) 	The owner of stock shall not, without reasonable excuse, mark or cause to be marked such stock with a mark of which he or she is not the registered proprietor.
(2) 	A person shall not, without reasonable excuse, earmark large stock with a registered mark, except with the permission of the controller.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
22. 	Offence—earmarking certain small stock
(1) 	A person—
	(a)	who is the owner of a sheep or goat that attains the age of 6 months; or
	(b)	who becomes the owner of a sheep or goat that has attained the age of 6 months;
shall, if the sheep or goat has not previously been earmarked, within 14 days of—
	(c)	the sheep or goat attaining the age of 6 months; or
	(d)	the person becoming the owner;
respectively, cut the registered earmark of which he or she is the registered proprietor—
	(e)	in the case of a male or desexed sheep or goat—into the left ear; or
	(f)	in the case of a female sheep or goat—into the right ear.
(2) 	A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding—
	(a)	if the offender is a natural person—10 penalty units; or
	(b)	if the offender is a body corporate—50 penalty units.
23. 	Registers
	For the purposes of this Division, the controller shall keep 2 registers—
	(a)	a Small Stock Register; and
	(b)	a Large Stock Register.
24. 	Application for registration
	An application for the registration of a mark shall—
	(a)	be in writing in a form approved by the controller;
	(b)	be signed by the applicant;
	(c)	contain a description, or description and diagram, of the mark to which the application relates;
	(d)	contain such other particulars (if any) as are prescribed; and
	(e)	be accompanied by the determined fee.
25. 	Registration of mark
(1) 	The controller shall approve an application under section 24—
	(a)	unless satisfied that—
	(i)	the design of the mark is the same as or could be confused with, or easily modified to resemble, the design of a mark registered under this Act or a brand or mark registered under the Rural Lands Protection Act 1989 of the State of New South Wales; or
	(ii)	the design and proposed method of application of the mark would not be suitable for its purpose; or
	(b)	in the case of a permanent brand—if the mark consists of alphanumeric or symbolic characters, or both, each character being—
	(i)	not less than 35 millimetres and not more than 75 millimetres in height; and
	(ii)	located not less than 10 millimetres from another character.
(2) 	Where the controller approves an application for the registration of a mark, the controller shall issue the applicant with a certificate of registration of the mark and shall register the mark by entering—
	(a)	in the case of an application for the registration of a mark for small stock—the name of the proprietor and the mark in the Small Stock Register; or
	(b)	in the case of an application for the registration of a mark for large stock—the name of the proprietor and the mark in the Large Stock Register.
(3) 	A certificate of registration shall be in a form approved by the controller.
(4) 	The controller shall, by notice, inform the applicant in writing of the controller’s decision to refuse to register the mark.
26. 	Effect of registration
	The registration of a mark in a register kept pursuant to section 23, if valid, gives to the registered proprietor the exclusive use of that mark.
27. 	Use of registered mark by personal representative
(1) 	A personal representative of a deceased person who was, immediately before his or her death, entitled to the exclusive use of a registered mark, is entitled to the exclusive use of that mark during the period commencing on the date of the grant of probate of the will, or letters of administration of the estate, of that person and ending when the distribution of the estate of that person or of that part of the estate that comprises or includes the stock bearing the mark, is completed.
(2) 	A personal representative of a deceased person referred to in subsection (1) shall notify the controller when the distribution of the estate of that person or of that part of the estate that comprises or includes stock bearing the mark of which the deceased person was registered proprietor, is completed.
28. 	Cancellation of registered mark
(1) 	The controller may cancel a registered mark—
	(a)	if the controller is satisfied, on reasonable grounds, that—
	(i)	the mark is not in use or is not required for use by the registered proprietor; or
	(ii)	the registration was obtained by fraud or misrepresentation;
	(b)	if the controller is requested to do so by the registered proprietor; or
	(c)	if the registered proprietor is a body corporate—on the winding up of the body corporate.
(2) 	Where the controller cancels a registered mark, the controller shall give the registered proprietor of that mark notice in writing of the cancellation.
29. 	Alteration of register
	The controller shall, at the written request of a registered proprietor or of the controller’s own accord, make such alterations to the register as are necessary.
30. 	Placement of brands
(1) 	The owner of large stock that has not been previously branded who marks such stock with a permanent brand shall brand the stock—
	(a)	in the case of a horse—on the portion specified in item 1 of Part 1 of the Schedule; or
	(b)	in any other case—on the portion specified in item 1 of Part 2 of the Schedule.
(2) 	The owner of large stock that has been previously branded who marks such stock with a permanent brand shall brand the stock—
	(a)	in the case of a horse—on the first portion specified in Part 1 of the Schedule that has not been branded; or
	(b)	in any other case—on the first portion specified in Part 2 of the Schedule that has not been branded.
(3) 	A person who, without reasonable excuse, contravenes subsection (1) or (2) is guilty of an offence punishable, on conviction, by a fine not exceeding—
	(a)	if the offender is a natural person—10 penalty units; or
	(b)	if the offender is a body corporate—50 penalty units.
31. 	Earmarking—stock with valuable fleece
(1) 	A person who is the owner of large stock kept for the commercial value of its fleece or hide may apply to the controller for permission to earmark the stock.
(2) 	An application shall—
	(a)	be in writing in a form approved by the controller; and
	(b)	be accompanied by the determined fee.
(3) 	The controller shall grant permission to earmark large stock if satisfied that the large stock is kept for the commercial value of its fleece or hide.
(4) 	The controller shall, by notice in writing, inform the applicant of his or her decision to grant or refuse to grant permission under this section.
(5) 	A person who cuts an earmark into large stock pursuant to this section shall—
	(a)	in the case of male or desexed male stock—cut the earmark into the left ear; or
	(b)	in the case of female stock—cut the earmark into the right ear.
(6) 	A person who, without reasonable excuse, contravenes subsection (5) is guilty of an offence punishable, on conviction, by a fine not exceeding—
	(a)	if the offender is a natural person—10 penalty units; or
	(b)	if the offender is a body corporate—50 penalty units.
32. 	Unauthorised use of mark
	A person shall not, without reasonable excuse—
	(a)	use a registered mark without the authority of the registered proprietor;
	(b)	apply any registered mark to stock without the authority of the owner;
	(c)	alter or destroy an earmark that has been cut; or
	(d)	in the course of cutting a registered mark into the ear of stock pursuant to section 22 or 31, cut off more than  of—
	(i)	the left ear of male or desexed male stock; or
	(ii)	the right ear of female stock.
Penalty—
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
Part 4—Travelling Stock
33. 	Permits to travel stock
(1) 	A person shall not travel stock unless, before the person moves the stock from a holding or run, he or she has obtained—
	(a)	a permit to travel the stock—
	(i)	issued to the owner by a person authorised in writing by the controller for the purpose; and
	(ii)	signed by the owner; or
	(b)	a permit to travel the stock issued by the owner of the stock.
(2) 	A drover in charge of travelling stock, when delivering the stock to another drover, shall deliver to the other drover the permit issued pursuant to paragraph (1) (a) or (b), as the case may be, and shall endorse upon the permit the name of the drover to whom the permit and the stock are being delivered.
(3) 	A permit under subsection (1) shall be in a form approved by the controller.
(4) 	Subsection (1) does not apply to the movement of stock—
	(a)	between 2 parts of the same holding situated not more than 16 kilometres apart; or
	(b)	to or from a shearing shed or dip.
(5) 	A person who, without reasonable excuse, contravenes subsection (1) or (2) is guilty of an offence punishable, on conviction, by a fine not exceeding—
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both; or
	(b)	if the offender is a body corporate—250 penalty units.
34. 	Issue of permits
	A person shall not, without reasonable excuse, issue a permit to travel stock unless the person is—
	(a)	the owner of the stock; or
	(b)	a person authorised by the controller for the purpose of issuing permits to travel stock.
Penalty:
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
35. 	Production of permit
(1) 	A drover travelling stock shall not, if requested to do so by an inspector or a police officer, or the occupier of any land on which the stock is being travelled, without reasonable excuse, fail to produce the permit issued in respect of the movement of that stock.
Penalty:  5 penalty units.
(2) 	A drover is not required to comply with subsection (1) if, on being requested to do so, the inspector fails to produce to the drover his or her identity card.
36. 	Movement of travelling stock
	A person shall not, without reasonable excuse, move travelling stock, otherwise than by the most direct route that is reasonable in the circumstances.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
part 4A—feeding of mammalian material to ruminants
36A. 	Interpretation
(1) 	In this Part, unless the contrary intention appears—
“analyst” means an analyst under section 36N;
“animal” does not include a fish or a bird;
“bag” includes a container or package;
“bulk”, in relation to feed or meal, means sold or supplied other than in a bag;
“compounded feed” means feed that includes material of animal origin;
“mammalian material” means mammalian tissue or meal of mammalian origin other than—
	(a)	tallow;
	(b)	gelatine;
	(c)	meat products that may lawfully have been offered for sale for human consumption in Australia;
	(d)	milk, milk products or milk protein;
	(e)	porcine, equine or macropod material; or
	(f)	blood, blood products or blood meal;
“mammalian material statement” means a statement that is a mammalian material statement by virtue of subsection 36B (1);
“meal” means meat meal, bone meal, meat and bone meal or any other meal of animal origin;
“non-mammalian material statement” means a statement that is a non-mammalian material statement by virtue of subsection 36B (2);
“tag” means a tag with dimensions of at least 45 millimetres by 120 millimetres.
(2) 	For the purposes of this Part, a thing is connected with a particular offence if—
	(a)	the offence has been committed with respect to it;
	(b)	it will afford evidence of the commission of the offence; or
	(c)	it was used, is being used, or is intended to be used, for the purpose of committing the offence.

36B. 	Warning statements
(1) 	For the purposes of this Part, a mammalian material statement is any of the following statements or a statement to the effect of any of the following statements:
	(a)	‘This product contains mammalian material—DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS’;
	(b)	‘This product contains mammalian material—DO NOT FEED TO RUMINANTS’;
	(c)	‘DO NOT FEED TO RUMINANTS’;
	(d)	‘For non-ruminant use only’.
(2) 	For the purposes of this Part, a non-mammalian material statement is the following statement or a statement to the effect of the following statement:
		‘This product does not contain mammalian material’.
36C. 	Manufacture of ruminant food
(1) 	A person shall not manufacture compounded feed or meal intended for ruminant use that includes mammalian material.
Penalty:
	(a)	if the offender is a natural person—100 penalty units or imprisonment for 1 year, or both;
	(b)	if the offender is a body corporate—500 penalty units.
(2) 	It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that he or she took all reasonable precautions to prevent the inclusion of mammalian material in the feed or meal.
36D. 	Sale or supply of compounded feed and meal
(1) 	A person shall not, without reasonable excuse, sell or supply compounded feed, or meal, in bulk to a person unless—
	(a)	where the feed or meal contains mammalian material—the invoice or other document relating to the sale or supply contains a prominently displayed mammalian material statement that complies with subsections (3) and (4); or
	(b)	in any other case—the invoice or other document relating to the sale or supply contains a prominently displayed non-mammalian material statement that complies with subsections (3) and (4).
Penalty:
	(a)	if the offender is a natural person—100 penalty units or imprisonment for 1 year, or both;
	(b)	if the offender is a body corporate—500 penalty units.
(2) 	A person shall not, without reasonable excuse, sell or supply compounded feed, or meal, in a bag to a person unless—
	(a)	where the feed or meal contains mammalian material—a statement on the bag, a label on the bag or a tag attached to the bag contains a prominently displayed mammalian material statement that complies with subsections (3) and (4); or
	(b)	in any other case—a statement on the bag, a label on the bag or a tag attached to the bag contains a prominently displayed non-mammalian material statement that complies with subsections (3) and (4).
Penalty:
	(a)	if the offender is a natural person—100 penalty units or imprisonment for 1 year, or both;
	(b)	if the offender is a body corporate—500 penalty units.
(3) 	For the purposes of this section, a statement referred to in this section shall be produced—
	(a)	in letters at least 3 millimetres high; and
	(b)	in dark print on a light background.
(4) 	Where a statement, or part of a statement, referred to in subsection (1) or (2) is in upper-case letters in section 36B and is reproduced for the purposes of this section, that statement or part shall be reproduced in upper-case letters.
(5) 	This section does not apply to—
	(a)	material sold or supplied as pet food, including food for aquarium fish and caged birds other than poultry; or
	(b)	food sold or supplied for feeding to non-ruminant laboratory animals.
36E. 	Obscuring of statements
	A person shall not, without reasonable excuse, mark or deface an invoice or other document relating to compounded feed, or meal, so as to obscure a mammalian material statement or a non-mammalian material statement contained in that invoice or document.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
36F. 	Removal of tags or labels
	A person shall not, without reasonable excuse, remove, or cause or permit to be removed, a label or tag containing a mammalian material statement or a non-mammalian material statement from a bag containing compounded feed or meal.
Penalty:
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
36G. 	Feeding mammalian material to ruminants
(1) 	A person shall not, without reasonable excuse, feed mammalian material to a ruminant.
Penalty:
	(a)	if the offender is a natural person—100 penalty units or imprisonment for 1 year, or both;
	(b)	if the offender is a body corporate—500 penalty units.
(2) 	A person shall not, without reasonable excuse, feed bulk compounded feed or bulk meal to a ruminant if the invoice or other document relating to the purchase of the feed or meal contains a mammalian material statement.
Penalty:
	(a)	if the offender is a natural person—100 penalty units or imprisonment for 1 year, or both;
	(b)	if the offender is a body corporate—500 penalty units.
(3) 	A person shall not, without reasonable excuse, feed bagged compounded feed or bagged meal to a ruminant if a statement on the bag, a label on the bag, or a tag attached to the bag contains a mammalian material statement.
Penalty:
	(a)	if the offender is a natural person—100 penalty units or imprisonment for 1 year, or both;
	(b)	if the offender is a body corporate—500 penalty units.
(4) 	This section does not apply to a person who feeds mammalian material to a ruminant in accordance with an approval under subsection (5).
(5) 	The Minister may, by instrument, approve the feeding of mammalian material to a ruminant for research purposes where the Minister is satisfied the research is in the public interest.
36H. 	Inspectors—powers of entry
(1) 	Where an inspector has reasonable grounds for believing that there may be on any premises a thing of a particular kind connected with an offence against this Part, the inspector may enter premises—
	(a)	with the consent (obtained pursuant to section 36I) of the occupier or a person apparently in charge of the premises; or
	(b)	pursuant to a search warrant under section 36J.
(2) 	An inspector may enter premises under subsection (1) with such assistance and by such force as is necessary and reasonable.
36I. 	Inspectors—consent to entry
(1) 	Before obtaining the consent of a person for the purposes of paragraph 36H (1) (a), an inspector shall—
	(a)	produce his or her identity card; and
	(b)	inform the person that he or she may refuse to give consent.
(2) 	Where an inspector obtains the consent of a person for the purposes of paragraph 36H (1) (a), the inspector shall ask the person to sign a written acknowledgment of—
	(a)	the fact that the person has been informed that he or she may refuse to give consent;
	(b)	the fact that the person has voluntarily given consent; and
	(c)	the day on which, and the time at which, the consent was given.
(3) 	An entry by an inspector by virtue of a person”s consent is not lawful unless the consent was voluntary.
(4) 	Where it is material in any proceedings for a court to be satisfied that the consent of a person for the purposes of paragraph 36H (1) (a) was voluntary and a signed acknowledgment in accordance with subsection (2) is not produced in evidence, the court shall assume, unless the contrary intention is proved, that the consent was not voluntary.
36J. 	Inspectors—search warrants
(1) 	Where—
	(a)	an information is laid on oath before a magistrate alleging that an inspector has reasonable grounds for believing that there may be on any premises a thing of a particular kind connected with a particular offence against this Part; and
	(b)	the information sets out those grounds;
the magistrate may issue a search warrant authorising the inspector named in the warrant, with such assistance and by such force as is necessary and reasonable—
	(c)	to enter the premises described in the warrant;
	(d)	to search the premises for things of the kind mentioned in paragraph (a); and
	(e)	to exercise any of the powers listed in section 36L in relation to those things.
(2) 	A magistrate shall not issue a warrant unless—
	(a)	the informant or another person has given the magistrate, either orally on oath or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
	(b)	the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(3) 	A warrant shall—
	(a)	state the purpose for which it is issued, including a reference to the nature of the offence in connection with which the entry and search is authorised;
	(b)	state that the entry is authorised at any time of the day or night, or specify the hours during which the entry is authorised;
	(c)	include a description of the kind of things in relation to which the powers listed in section 36L may be exercised; and
	(d)	specify a date, not later than 1 month after the date on which the warrant is issued, on which the warrant ceases to have effect.
(4) 	If, in the course of searching pursuant to a warrant for things of a particular kind connected with a particular offence, an inspector finds a thing that the inspector has reasonable grounds for believing to be—
	(a)	connected with the offence, although not a thing of the kind specified in the warrant; or
	(b)	connected with another offence against this Part;
the warrant shall be taken to authorise the inspector to exercise the powers listed in section 36L in relation to that thing.
36K. 	Inspectors—identity cards must be produced
	An inspector who enters premises under subsection 36H (1) is not authorised to remain on the premises if, on request by the occupier or a person apparently in charge of the premises, the inspector does not produce his or her identity card.
36L. 	Inspectors—inspection of premises
(1) 	An inspector who enters premises under subsection 36H (1) may do any of the following:
	(a)	inspect or examine the premises or anything on the premises;
	(b)	take samples for analysis;
	(c)	take photographs, films, or audio, video or other recordings;
	(d)	take copies of, or extracts from, any document;
	(e)	subject to subsection (2), seize anything on the premises.
(2) 	An inspector may seize anything pursuant to paragraph (1) (e) if he or she has reasonable grounds for believing that it is connected with an offence against this Part and the seizure is necessary to prevent the thing being—
	(a)	concealed, lost, damaged or destroyed; or
	(b)	used to commit the offence.
36M. 	Inspectors—procedure where samples taken
	Where an inspector takes a sample under section 36L, the inspector shall—
	(a)	divide the sample into 3 parts;
	(b)	place each of those parts in a separate container and seal each container;
	(c)	attach to each container a label bearing the signature of the inspector and particulars of the date and time when, and the place at which, the sample was taken; and
	(d)	deliver 1 of the 3 containers to each of the following persons:
	(i)	the occupier or the person apparently in charge of the premises; 
	(ii)	an analyst;
	(iii)	the controller.
36N. 	Analysts
(1) 	There shall be 1 or more analysts for the purposes of this Act.
(2) 	The following persons shall be analysts:
	(a)	the government analyst under subsection 183A (2) of the Drugs of Dependence Act 1989;
	(b)	any other person appointed in writing by the controller for the purpose.
36O. 	Appointment of analysts
	The controller may, by instrument, appoint a person to be an analyst for the purposes of paragraph 36N (2) (b).
36P. 	Evidence of analysis
(1) 	An analyst may make a certificate stating the following matters in relation to a sample taken under this Part:
	(a)	that he or she has analysed, or caused to be analysed, a sample from a sealed container to which was affixed a label purporting to be signed by the inspector named in the certificate and bearing particulars of the date and time when, and the place at which, the sample was taken by the inspector;
	(b)	to what analysis the sample was subjected;
	(c)	the results of the analysis.
(2) 	In a prosecution for an offence against this Part, a certificate under subsection (1) purporting to be signed by an analyst is evidence of the matters stated in the certificate and of the facts on which they are based.
(3) 	For the purposes of subsection (1), a certificate that purports to be signed by an analyst shall, unless the contrary is proved, be taken to have been signed by the analyst who purports to have signed it.
36Q. 	Seized items
(1) 	The controller shall hold a thing seized under this Part for the purpose of adducing evidence in a prosecution for an offence against this Part.
(2) 	The controller may authorise the release of a thing held under subsection (1) to its owner or the person who had possession, custody or control of the thing immediately before it was seized.
(3) 	Where a thing is seized under this Part and—
	(a)	a prosecution for an offence against this Part involving the thing is instituted within 6 months; and
	(b)	the defendant is found guilty;
the court may make any order in relation to the thing.
(4) 	Where a thing is seized under this Part and—
	(a)	a prosecution for an offence against this Part is not instituted within 6 months; or
	(b)	a prosecution is instituted within that period and—
	(i)	the prosecution is discontinued;
	(ii)	the defendant is found not guilty; or
	(iii)	the court does not make an order under subsection (2);
the controller shall release the thing to its owner or the person who had possession, custody or control of the thing immediately before it was seized.
Part 5—Miscellaneous
37. 	Obstruction
	A person shall not, without reasonable excuse, obstruct or hinder the controller, a deputy controller or an inspector in the exercise of his or her powers under this Act.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
38. 	Evidence
	In any proceedings under this Act, a certificate purporting to be signed by the controller and stating that—
	(a)	the person specified in the certificate was on a specified date or during a specified period registered as proprietor of a mark;
	(b)	the person specified in the certificate was authorised to issue a permit in respect of stock; or
	(c)	the person specified in the certificate had not lodged a return under section 16 in relation to stock;
is evidence of the matters so stated.
39. 	Notification of decisions
(1) 	A notice under section 18 or subsection 25 (4), 28 (2) or 31 (4) shall be in accordance with the requirements of the code of practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
40. 	Review of decisions
	Application may be made to the Administrative Appeals Tribunal for a review of a decision of the controller—
	(a)	determining the stock carrying capacity of land under section 14;
	(b)	refusing to approve an application under section 25;
	(c)	cancelling a registered mark under subsection 28 (1); or
	(d)	refusing to grant permission under section 31.
41. 	Notice—where more than 1 occupier
	Where 2 or more persons are occupiers of the same land, a notice required by this Act to be given to an occupier shall, in relation to that land, be deemed to have been duly given if given to 1 of those persons.
42. 	Power of Minister to determine fees
	The Minister may, by notice published in the Gazette, determine fees for the purposes of this Act.
44. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters—
	(a)	required or permitted by this Act to be prescribed; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and in particular, providing for penalties for offences against the regulations—
	(c)	if the offender is a natural person—not exceeding 10 penalty units; or 
	(d)	if the offender is a body corporate—not exceeding 50 penalty units.
45. 	Transitional
(1) 	An earmark recorded under the Stock Act 1934, or registered under the Rural Lands Protection Act 1989 of the State of New South Wales, being a record or registration having effect immediately before the commencement of this Act, shall be deemed to have been registered under this Act.
(2) 	A brand registered under the Rural Lands Protection Act 1989 of the State of New South Wales, being a registration having effect immediately before the commencement of this Act shall for a period of 12 months after that commencement be deemed to have been registered as a permanent brand under this Act.

	schedule	Section 30
placement of brands
part 1—horses

Item	Description of portion

1	Near-shoulder
2	Off-shoulder
3	Near-rump, hip and thigh
4	Off-rump, hip
5	Near-ribs and saddle
6	Off-ribs and saddle

part 2—large stock, other than horses

Item	Description of portion

1	Near-rump, hip or thigh
2	Off-rump, hip or thigh
3	Near-back and ribs
4	Off-back and ribs
5	Near-shoulder
6	Off-shoulder
7	Near-loin
8	Off-loin

NOTES
1.	The Stock Act 1991 in this reprint is No. 10, 1991 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  The amendments do not change the law.  Amendments made under the Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Stock Act 1991	10, 1991	3 Apr 1991	Ss. 1 and 2:  3 Apr 1991
Remainder:  3 Oct 1991		
Public Sector Management (Consequential and  Transitional Provisions) Act 1994	38, 1994	30 June 1994	Ss. 1 and 2:  30 June 1994
Remainder:  1 July 1994 (see Gazette 1994, No. S142, p. 2)	Ss. 3, 5-12, 15 and 19	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:   14 Nov 1994 (see s. 2 (2) and Gazette 1994, No. S250)	—	
Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15  Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)	Part III
(ss. 4-9)	
(Reprinted as at 31 January 1995)	
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995	25, 1995	5 Sept 1995	5 Sept 1995	—	
Statute Law Revision Act 1995	46, 1995	18 Dec 1995	18 Dec 1995	—	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
Stock (Amendment) Act 1999
	14, 1999	14 Apr 1999	14 Apr 1999	—	
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Title	rs. No. 14, 1999
S. 4	am. No. 97, 1994
Part II (ss. 5-12)	rep. No. 97, 1994
Part 2 (ss. 5-8)	ad. No. 97, 1994
Ss. 5-7	rs. No. 97, 1994
S. 8	rs. No. 97, 1994
	am. No. 54, 1998
Ss. 9-11	rep. No. 97, 1994
S. 12	am. No. 81, 1994
	rep. No. 97, 1994
Ss. 16, 17	am. No. 81, 1994
Ss. 21, 22	am. No. 81, 1994
S. 30	am. No. 81, 1994
S. 31	am. No. 54, 1998
Ss. 32-36	am. No. 81, 1994
S. 36	am. No. 81, 1994
Part 4A (ss. 36A-36Q)	ad. No. 14, 1999
Ss. 36A-36Q	ad. No. 14, 1999
S. 39	am. No. 60, 1994
S. 43	am. No. 38, 1994
	rep. No. 25, 1995
S. 44	am. No. 81, 1994; No. 46, 1995