Northern Territory Repealed Regulations

This legislation has been repealed.

BRANDS REGULATIONS

NORTHERN TERRITORY OF AUSTRALIA

BRANDS REGULATIONS

As in force at 20 December 2006

Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

____________________

This reprint shows the Regulations as in force at 20 December 2006. Any amendments that commence after that date are not included.

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BRANDS REGULATIONS

Regulations under the Brands Act

Part I Preliminary

1. Short title

These Regulations may be cited as the Brands Regulations.

1. Interpretation

(1) For the purposes of these Regulations, unless the contrary intention appears, cattle includes buffalo.

(2) For the purposes of these Regulations (other than regulations 5 and 6), unless the contrary intention appears, a reference in these Regulations to a 3 letter brand includes a brand for use on cattle or horses deemed under section 7 of the Act to be registered under the Act.

1. References to forms

In these Regulations, a reference to a form by letter is a reference to the Form so lettered in Schedule 1.

Part II Horses and cattle

1. Registration of 3 letter brands

(1) Any person desirous of registering a 3 letter brand may forward to the Registrar an application in accordance with Form A for the registration of the brand.

(2) Upon receipt of the application, the Registrar may allot a 3 letter brand to the applicant and register it.

(3) Upon registration of the brand, the Registrar shall forward to the person to whom he has allotted the brand, a certificate in accordance with Form B, and that person shall be the owner of the brand.

(4) The Registrar shall not allot more than one 3 letter brand to a person for use on any one run.

1. 3 letter brands

(1) The letters of a 3 letter brand shall each be not less than 4 centimetres high and 4 centimetres wide nor more than 8 centimetres high and 8 centimetres wide.

(1A) Notwithstanding subregulation (1), the letters of a 3-letter brand to be used to horn-brand buffalo may be of any practical size.

(2) The 3 letters of a 3 letter brand may be set upon one handle or may be set 2 on one handle and one upon another handle or each one of the 3 letters may be set upon a separate handle.

(3) The owner of a 3 letter brand shall, as soon as practicable after receipt by him of the certificate of registration of the brand, forward to the Registrar an impression of the brand made on linen, canvas, cardboard, leather or other material acceptable to the Registrar.

1. Brands for horses and cattle

Subject to these Regulations, every brand first used on horses or cattle shall be:

(a) a 3 letter brand; or

(b) a distinctive brand.

1. Distinctive brands and earmarks

(1) The owner of a 3 letter brand may forward to the Registrar an application in accordance with:

(a) Form C for the registration of an earmark; and

(b) Form CA for the registration of a distinctive brand.

(2) Upon receipt of an application made under this regulation, the Registrar may allot to the applicant an earmark and one or more distinctive brands.

(3) When the Registrar allots an earmark or a distinctive brand under this regulation, the Registrar shall:

(a) register the earmark or distinctive brand;

(b) register the applicant as the owner of the earmark or distinctive brand; and

(c) forward to the person to whom the earmark or distinctive brand is allotted a certificate in accordance with Form D in respect of an earmark and Form DA in respect of a distinctive brand.

(4) The Registrar shall not allot more than 3 distinctive brands to an owner of a 3 letter brand for use on any one run.

(5) The Registrar may, from time to time, approve a code to be used to illustrate and describe an earmark in an application to register an earmark.

1. Distinctive numeral brands

(1) The owner of a 3 letter brand may forward to the Registrar an application in accordance with Form E for the registration of a distinctive numeral brand.

(2) Upon receipt of the application, the Registrar may allot a distinctive numeral brand to the applicant and register it.

(3) Upon registration of a distinctive numeral brand the Registrar shall forward to the person to whom the brand has been allotted a certificate in accordance with Form F.

1. Registers

(1) For the purposes of section 16(1) of the Act, the Registrar shall keep:

(a) a Register of 3 letter brands, earmarks, distinctive brands and numeral brands; and

(b) a Register of sheep and swine brands and earmarks.

(2) For the purposes of section 17 of the Act, the prescribed particulars are:

(a) a description of the brand;

(b) the name and address of the owner of the brand;

(c) a reference number to the Registrar's file relating to the brand; and

(d) the date of registration of the brand.

1. Positions for brands

(1) Brands on cattle and horses shall be made or impressed as follows:

(a) the first 3 letter or distinctive brand made or impressed on cattle shall be made or impressed in one of the positions specified in Schedule 3;

(b) a subsequent 3 letter or distinctive brand made or impressed in any position specified in Schedule 3;

(e) the first brand made or impressed on a horse shall be made or impressed in one of the positions specified in Schedule 2;

(f) a 3 letter brand or distinctive brand made or impressed on a horse shall be made or impressed by a subsequent owner of the horse in any position specified in Schedule 2;

(g) the owner of a 3 letter brand may brand his cattle and horses with one numeral brand to denote the year of their birth.

(3) Owners shall notify the Registrar of the position in which they have decided to place the first 3 letter brand or distinctive brand and shall not vary the position of the brand without the permission of the Registrar.

(4) Brands on cattle and horses shall be made or impressed in a manner which, so far as is practicable, is clear, legible and permanent.

1. Earmarking of stock

(1) Every registered earmark shall be made upon the ears of cattle in the manner, shape and position specified in the certificate of registration of the earmark.

(2) Except with the written permission of the Registrar, a registered earmark shall not be made upon any cattle upon which an earmark has already been made.

(3) Cattle shall not be marked with an earmark more than 8 centimetres in length.

13A Registered earmark to be made only on stock already branded with 3 letter brand or distinctive brand

(1) No person shall make, or permit to be made, a registered earmark upon any cattle which has not previously been branded with a registered 3 letter brand or with a distinctive brand.

(2) An offence of contravening or failing to comply with subregulation (1) is a regulatory offence.

1. Spayed mark

(1) An owner of cattle shall, immediately after the animal is spayed, punch a hole centrally in either ear of that animal.

(2) A hole punched under this regulation shall be circular and not less than 1.5 centimetres and not more than 4 centimetres in diameter and shall not be inserted so as to destroy or alter an existing earmark.

Part III Sheep and swine

1. Brands for sheep and swine

(1) The owner of any sheep or swine may forward to the Registrar an application in accordance with Form G for the registration of a brand for sheep and swine.

(2) Upon receipt of the application, the Registrar may allot to the applicant a brand for sheep and swine and register it.

(3) Upon the registration of the brand, the Registrar shall forward to the person to whom he has allotted the brand a certificate in accordance with Form H, and that person shall be the owner of the brand.

1. Description and use of brands for sheep and swine

(1) A brand for sheep or swine shall not be registered under the Act unless it consists of one or more letters, conjoined or separated.

(2) A brand for sheep or swine shall be made or impressed with red or black paint, raddle or dye, or by tattooing, in such position as is determined and specified by the Registrar in the certificate of registration of the brand.

1. Earmarking sheep and swine

(1) A person shall not earmark sheep or swine with an earmark more than 4 centimetres in length.

(2) The position for and the shape of an earmark to be made upon the ears of sheep and swine is that specified in the certificate of registration of the earmark.

1. Registration of earmarks for sheep and swine

(1) The owner of any sheep or swine may forward to the Registrar an application in accordance with Form J for the registration of an earmark for sheep or swine.

(2) Upon receipt of the application, the Registrar may allot an earmark for sheep or swine to the applicant and register it.

(3) Upon the registration of the earmark, the Registrar shall forward to the person to whom he has allotted the earmark a certificate in accordance with Form K, and that person shall be the owner of the earmark.

1. Earmark not to be used on sheep, &c, already marked

An earmark for sheep or swine shall not be placed on any sheep or swine which already bears an earmark.

1. Different earmarking for different sexes

The owner of an earmark for sheep or swine may earmark one ear of the sheep or swine for one sex and the other ear for the other sex, the ear and sex to be specified in the application for the registration of the earmark.

Part IV Transfer and cancellation of brands

1. Transfer of brands

(1) The owner of a brand may transfer it to another person by lodging with the Registrar an application for transfer in accordance with Form L.

(2) Upon receipt of the application for transfer, the Registrar shall cancel the registration in the name of the transferor and register the brand in the name of the transferee.

(3) Upon registration of the brand in the name of the transferee, the Registrar shall forward to the transferee a certificate in accordance with Form M, and that person shall be thereafter the owner of the brand.

1. Effect of transfer of brand

The transfer of a brand shall operate as a transfer of all other brands and earmarks owned by the transferor in respect of the run in connection with which the transferred brand was used.

1. Cancellation of brand at request of owner

(1) The owner of a brand may obtain cancellation of the registration of that brand by forwarding to the Registrar an application in accordance with Form N.

(2) Upon receipt of the application, the Registrar shall cancel the registration of the brand.

1. Notification of decision to cancel registration of brand

Notification by the Registrar of his decision to cancel the registration of a brand shall be in accordance with Form O.

1. Re-allotment of cancelled brands

The Registrar may, upon the expiration of 5 years from the cancellation of any brand, re-allot such brand to any person.

1. Notice of cancellation of brand

When the Registrar cancels a brand pursuant to section 22A of the Act, he shall serve notice by post on the owner of the brand in accordance with Form P.

1. Effect of cancellation of registration of brand

Except where brands are cancelled in pursuance of section 22A of the Act, the cancellation of a brand shall operate as a cancellation of any earmark, distinctive brand, or distinctive numeral brand registered for use in connection with the cancelled brand.

Part V Miscellaneous

1. Brands directory

The Brands Directory required to be prepared and published in accordance with section 28 of the Act shall contain the following particulars and shall be set out in the following form:

1. Fees

(1) A fee, as set out below, must be paid to the Registrar on an application to register a brand:

(2) The fees set out in subregulation (1) shall be paid in advance and the Registrar may refuse to receive or issue any document or to do any act in respect of which a fee is payable until the fee is paid.

36A Size of existing registered brands

(1) A brand deemed under section 7 of the Act to be registered under the Act shall be not less than 4 cm high and 4 cm wide and not more than 12 cm high and 30 cm wide.

(2) A larger registered brand may, at any time without further application or fee, be reduced to the minimum prescribed size.

1. General penalty

Any person who fails to comply with, or is guilty of any breach of these Regulations shall be liable to a penalty not exceeding $2,000.

1. Regulatory offences

An offence against these Regulations is a regulatory offence.

1. Infringement offences and penalties

(1) An offence against a provision of the Act or these Regulations specified in Column 1 of Schedule 4 is an infringement offence for the purposes of section 58B(1) of the Act.

(2) The penalty specified in Column 2 of Schedule 4 is the prescribed penalty payable under section 58B(2) of the Act for an alleged offence against the provision specified opposite in Column 1.

Schedule 1

FORM A

regulation 5(1)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

APPLICATION FOR 3 LETTER BRAND

To the Registrar of Brands, Northern Territory.

I enclose the prescribed fee of 100 revenue units and request that you allot and register a 3 letter Brand for my use as mentioned hereunder:

Date Applicant.

FORM B

regulation 5(3)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

CERTIFICATE OF REGISTRATION OF 3 LETTER BRAND

This is to certify that the 3 letter Brand mentioned in the margin hereof was this day registered as the brand of

for use on Run or Holding.

Dated

Registrar of Brands

No. of Certificate

FORM C

regulation 9

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

APPLICATION FOR EARMARK FOR CATTLE

To the Registrar of Brands

Northern Territory
I, ,

the owner of the registered 3 letter brand mentioned hereunder, enclose the prescribed fee of 75 revenue units and request that you allot and register an earmark for my use in respect of the run mentioned hereunder:

Date: ___________________

Signature of applicant

* Earmark desired should be illustrated and described by approved code.

FORM CA

regulation 9

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

APPLICATION FOR DISTINCTIVE BRAND FOR HORSES AND CATTLE

To the Registrar of Brands

Northern Territory

I, ,

the owner of the registered 3 letter brand mentioned hereunder, enclose the prescribed fee of 100 revenue units and request that you allot and register a distinctive brand for my use in respect of the run mentioned hereunder:

Date:

Signature of applicant

* The letters or symbols desired for the distinctive brand should be shown.

FORM D

regulation 9(3)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

CERTIFICATE OF REGISTRATION OF EARMARK

Dated

Registrar of Brands

FORM DA

regulation 9(3)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

CERTIFICATE OF REGISTRATION OF DISTINCTIVE BRAND FOR HORSES AND CATTLE

Dated

Registrar of Brands

FORM E

Regulation 10(1)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

APPLICATION FOR DISTINCTIVE NUMERALS

To the Registrar of Brands, Northern Territory.

I enclose the prescribed* fee and request that you allot and register for my use the Distinctive Numerals mentioned hereunder:-
3 letter Brand
Distinctive Numerals required

Name and address of Applicant

Applicant.

Date.

* The fee for every 100 consecutive numerals is 50 revenue units .

FORM F

regulation 10(3)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

CERTIFICATE OF REGISTRATION OF DISTINCTIVE NUMERALS FOR HORSES AND CATTLE

This is to certify that the Distinctive Numerals mentioned below were this day duly registered for use in conjunction with the Registered Brand

in respect of Run or Holding.

Distinctive Numerals

Dated

Registrar of Brands.

FORM G

regulation 15(1)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

APPLICATION FOR A BRAND FOR SHEEP, GOATS OR SWINE

To the Registrar of Brands, Northern Territory.

I enclose herewith the prescribed fee of 100 revenue units and request that you allot and register a Brand for my use on the Run mentioned in the particulars hereunder:

Postal Address

Date Applicant.

FORM H

Regulation 15(3)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

CERTIFICATE OF REGISTRATION OF BRAND FOR SHEEP AND SWINE

This is to certify that the Sheep and Swine Brand mentioned in the margin hereof was this day registered as the brand of

for use on Run or Holding.

The brand shall be impressed with

The position of the brand shall be

Dated

Registrar of Brands.

FORM J

regulation 18(1)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

APPLICATION FOR EARMARK FOR SHEEP, SWINE AND GOATS

To the Registrar of Brands, Northern Territory.
I, , the owner of*

enclose the prescribed fee of 75 revenue units and request that you allot and register for my use an Earmark for Sheep, Swine or Goats on the run mentioned below.

Date Applicant.

* State whether Sheep, Swine or Goats.

FORM K

regulation 18(3)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

CERTIFICATE FOR REGISTRATION OF EARMARK FOR SHEEP OR SWINE

This is to certify that the Earmark described at the foot hereof was this day registered as the Earmark of for use on Run or Holding.

Dated

Registrar of Brands.

FORM L

regulation 21(1)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

APPLICATION FOR TRANSFER OF BRAND

To the Registrar of Brands, Northern Territory.

We, the undersigned, being the registered owner and intended transferee, respectively, of the Brands and Earmark mentioned hereunder, do hereby request that you will transfer the said Brands and Earmark to

The prescribed fee of 50 revenue units is enclosed.

PARTICULARS OF BRANDS AND EARMARKS

Run where Brand will be used

Postal Address of Transferee

Dated

Transferor.
Transferee.

Witness.

* State whether "near" or "off" ear.

FORM M

regulation 21(3)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

CERTIFICATE OF TRANSFER OF BRAND

This is to certify that the Brands and Earmark mentioned hereunder were this day transferred from
of to of

for use on Run or Holding.

Description of Brands

3 letter Brand
Distinctive Brand
Earmark

Coded as

Dated

Registrar of Brands.

FORM N

regulation 23(1)

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

APPLICATION FOR CANCELLATION OF BRAND

To the Registrar of Brands, Northern Territory.

I hereby authorize you to cancel the Brands set out hereunder:

PARTICULARS OF BRANDS

Postal Address of Owner

Dated

Owner or Executor or other Legal Personal Representative.

FORM O

regulation 25

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

To
You are hereby notified that it is my intention, at the expiration of a period of 6 months from this date, to cancel the brand
together with earmark distinctive brand
and distinctive numerals

registered in your name, on the grounds that

You may lodge an appeal with the Local Court against such cancellation not later than 28 days after and including from the date of this notice, and a copy of such appeal is also required to be lodged with me within the same period.

Dated

Registrar of Brands.

FORM P

regulation 28

NORTHERN TERRITORY OF AUSTRALIA

Brands Act

To

You are hereby notified that by reason of the similarity of your 3 letter Brand Earmark Coded to 3 letter Brand Earmark Coded I have this day cancelled your Brand and Earmark and have allotted you the following in their stead:

Brand Earmark Coded

Dated

Registrar of Brands.

Schedule 2

regulation 12(1)

POSITION OF BRANDS ON HORSES

Schedule 3

regulation 12(1)

POSITION OF BRANDS ON CATTLE

Schedule 4 Infringement offences and penalties

regulation 39

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION

3 GENERAL COMMENCEMENT AND AMENDMENTS

(a) The Brands Regulations made on 1 February 1929 were published in the Gazette of North Australia on 8 February 1929, and were expressed to come into operation on 1 April 1929.

(b) General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by section 11 of the Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Regulations 3, 4, 6, 7, 9, 9A, 10, 11, 12, 13, 13A, 14, 14B, 14D, 16, 26, 32, 35, 36, 37 and First Schedule.

4 TRANSITIONAL PROVISION

Regulations 1992, No. 8 r 7(2)

5 LIST OF AMENDMENTS

r 2 amd No. 10, 1970

sub No. 4, 1991

r 3 amd No. 3, 1940

sub No. 4, 1956

r 4 sub No. 4, 1956

amd No. 4, 1991

r 5 amd No. 4, 1956; No. 4, 1991

r 6 amd No. 4, 1956; No. 10, 1970; No. 16, 1979; No. 4, 1991; No. 38, 1992

r 7 amd No. 4, 1956; No. 10, 1970

sub No. 4, 1991

rep No. 8, 1992

r 8 rep No. 4, 1956

ins No. 4, 1991

amd No. 8, 1992

r 9 sub No. 4, 1948; No. 4, 1956

amd No. 10, 1970; No. 16, 1979; No. 4, 1991; No. 8, 1992; No. 38, 1992; No. 38, 2001, r 1

r 9A ins No. 4, 1956

amd No. 10, 1970

rep No. 4, 1991

r 10 sub No. 4, 1948

amd No. 4, 1956; No. 10, 1970; No. 4, 1991

r 11 sub No. 4, 1956

amd No. 10, 1970

sub No. 4, 1991

r 12 amd SL of 12.12.1931; No. 3, 1940; No. 4, 1956; No. 10, 1970; No. 4, 1991; No. 8, 1992; No. 38, 1992; No. 38, 2001, r 2

r 13 amd SL of 12.12.1931; No. 4, 1956; No. 10, 1970; No. 16, 1979

r 13A amd SL of 31.1.1933; No. 10, 1970; Act No. 68, 1983, s 67; No. 4, 1991; No. 8, 1992

r 13B ins No. 16, 1979

rep No. 4, 1991

r 14 amd No. 10, 1970; No. 4, 1991

sub No. 16, 1979

pt IIA hdg ins No. 10, 1970

rep No. 4, 1991

r 14A ins No. 10, 1970

rep No. 4, 1991

r 14B ins No. 10, 1970

amd No. 16, 1979

rep No. 4, 1991

r 14C ins No. 10, 1970

rep No. 4, 1991

r 14D ins No. 10, 1970

amd No. 16, 1979

rep No. 4, 1991

r 14E ins No. 10, 1970

rep No. 4, 1991

r 15 amd No. 4, 1956

r 16 amd No. 16, 1979

sub No. 4, 1991

r 17 amd No. 4, 1956; No. 16, 1979

r 20 sub No. 4, 1991

r 24 rep No. 4, 1956

r 25 sub No. 4, 1956

r 27 rep No. 4, 1956

r 28 sub No. 4, 1956

amd No. 4, 1991

r 29 amd No. 4, 1956; No. 4, 1991

rr 30 – 31 rep No. 4, 1956

r 32 sub No. 4, 1956

rep No. 23, 1980

r 33 rep No. 4, 1956

r 34 rep No. 10, 1970

r 35 amd No. 4, 1991

r 36 amd No. 10, 1970; No. 4, 1991; No. 49, 2006, r 4

r 36A ins No. 4, 1991

amd No. 8, 1992; No. 38, 1992

r 37 amd No. 10, 1970

r 38 ins No. 4, 1991

r 39 ins No. 13, 1997, r 1

sch 1 amd No. 10, 1970; No. 25, 1978; No. 23, 1980; No. 4, 1991; No. 49, 2006, r 5

sch 2 amd No. 4, 1956; No. 4, 1991

sub No. 38, 2001, r 3

sch 3 amd No. 4, 1956; No. 4, 1991

sub No. 8, 1992; No. 38, 2001, r 3

Fourth sch amd No. 4, 1956; No. 10, 1970

rep No. 4, 1991

sch 4 ins No. 13, 1997, r 2

Fifth sch ins No. 10, 1970

rep No. 4, 1991