Australian Capital Territory
Animal Diseases (Fees) Revocation 2016 
Disallowable Instrument DI2016—136
made under the
Animal Diseases Act 2005, s 88 (Determination of fees)
EXPLANATORY STATEMENT

Section 88 of the Animal Diseases Act 2005 permits the Minister to determine fees for the Act in writing. Section 46 of the Legislation Act 2001 provides that the power given under an Act to make a statutory instrument (such as a fees determination) includes power to amend or repeal the instrument.

This instrument revokes the Animal Diseases (Fees) Determination 2015 (No 1), which determined a fee of $21.50 for the emergency issue and registering of a national livestock identification system (NLIS) device. Emergency issuing of an NLIS device is necessary where cattle are presented to a saleyard and the cattle have not previously been tagged under the NLIS. Section 15 of the Animal Diseases Regulation 2006 provides the circumstances under which cattle must be tagged with an approved NLIS device.

The sale of NLIS devices for emergency situations will continue; however, as the fee for selling NLIS devices is more appropriately characterised as an administrative fee rather than a statutory fee, the fee will be moved to the directorate’s administrative fee schedule.

The revocation takes effect from 1 July 2016.

A determination under section 88 of the Act is a disallowable instrument and must be presented to the Legislative Assembly within 6 sitting days after its notification pursuant to section 64 of the Legislation Act 2001.