2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Planning and Land Management)
Stock Amendment Bill 2018

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New section 26A	2
	5	Issue of permits
Section 28	2
	6	Offence to travel stock without permit
Section 29 (1) and (2)	3
	7	Production of permit
New section 30 (1) (aa) and (ab)	3
	8	Section 32	4
	9	Notice of impounded stock
Section 37 (2) (b)	4
	10	Section 39	5
	11	Dictionary, new definition of impoundment area	6
	12	Dictionary, definition of travel	6

2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Planning and Land Management)
Stock Amendment Bill 2018

A Bill for
An Act to amend the Stock Act 2005

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Stock Amendment Act 2018.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Stock Act 2005.
4	New section 26A
in part 4, insert
26A	Meaning of travel—pt 4
In this part:
travel, in relation to stock, means drive or transport the stock (other than in a vehicle) outside the holding where the stock is normally kept.
5	Issue of permits
Section 28
omit
6	Offence to travel stock without permit
Section 29 (1) and (2)
substitute
	(1)	A person commits an offence if the person—
	(a)	travels stock; and
	(b)	does not have a permit to travel the stock—
	(i)	issued by the director‑general; or
	(ii)	issued under a corresponding law.
Maximum penalty:  50 penalty units.
	(2)	This section does not apply to a person travelling stock if the stock is restrained by the person.
Example
person walking a horse using a halter and lead
Note 1	The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
7	Production of permit
New section 30 (1) (aa) and (ab)
before paragraph (a), insert
	(aa)	the person is travelling stock; and
	(ab)	the person is required to have a permit to travel the stock under section 29; and
8	Section 32
substitute
32	Meaning of impound and impoundment area—pt 5
In this part:
impound—stock is impounded if it is—
	(a)	seized and secured; or
	(b)	seized and transported to an impoundment area to be secured.
impoundment area means—
	(a)	Territory premises; or
	(b)	land owned or controlled by the Territory; or
	(c)	any other land if the owner or occupier of the land consents.
9	Notice of impounded stock
Section 37 (2) (b)
substitute
	(b)	if the owner is identified, give the owner written notice stating—
	(i)	that the stock has been impounded; and
	(ii)	the location of the stock; and
	(iii)	the fees payable for maintaining or travelling the stock; and
	(iv)	that the stock must be claimed within 14 days after the day the notice is issued; and
	(v)	that if the stock is not claimed within the 14-day period, the director‑general may dispose of the stock in accordance with section 39; and
10	Section 39
substitute
39	Disposing of impounded stock
	(1)	This section applies if—
	(a)	stock is impounded by the director-general; and
	(b)	the director-general gives notice as required under section 37 (2) in relation to the impounded stock; and
	(c)	the impounded stock is not released to the owner under section 38 (1) within 14 days after the day the notice was given.
	(2)	The director‑general must—
	(a)	sell the stock by public auction; or
	(b)	if it is not practicable or desirable because of cost, animal welfare or any other reason to sell the stock by public auction—sell the stock in another way; or
	(c)	if the stock cannot be sold, or if it is not practicable or desirable because of cost, animal welfare or any other reason to sell the stock—destroy or dispose of the stock in any other way the director‑general considers appropriate.
Note	Under the Animal Welfare Act 1992, s 86 a veterinary surgeon may destroy an animal humanely if, due to severe injury, disease or its physical condition, it would be cruel to keep the animal alive. 
	(3)	If stock is sold under subsection (2) (b), the director-general must take reasonable steps to obtain the best price possible in the circumstances.
11	Dictionary, new definition of impoundment area
insert
impoundment area, for part 5 (Impounding stock)—see section 32.
12	Dictionary, definition of travel
substitute
travel—
	(a)	for this Act generally—in relation to stock, means drive or transport the stock outside the holding where the stock is normally kept; and
	(b)	for part 4 (Travelling stock)—see section 26A.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 7 June 2018.
2	Notification
	Notified under the Legislation Act on	2018.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2018