Queensland Consolidated Acts

BRANDS ACT 1915 - SECT 19A

19A Cancellation and reallotment by Minister of certain brands and marks

(1) When a change in the ownership of a holding has occurred the Minister may in the Minister’s discretion, upon the application of the current owner of such holding made in conformity with this Act and upon the recommendation of the registrar—

(a) cancel the allotment and registration of any pig brand, horse and cattle brand, sheep brand or sheep earmark used in respect of such holding prior to such change in ownership and continued to be so used after such change; and

(b) cause to be forthwith allotted to the current owner of such holding and registered in his or her name such a brand or earmark, where—

(i) a transfer of the same by or on behalf of the last registered owner of such brand or earmark in favour of the current owner of such holding can not be produced; and

(ii) such a transfer signed as aforesaid can not be obtained; and

(iii) the Minister is satisfied that such last registered owner is not lawfully using such brand or mark.

(1A) When the Minister exercises the powers conferred upon the Minister by subsection (1) in relation to a horse and cattle brand the Minister shall cause to be cancelled and reallotted to the current owner of the holding concerned (if such owner applies therefor in conformity with this Act) any and every cattle earmark and symbol brand registered for use in conjunction with such brand.

(2) Cancellation and reallotment of cattle earmarks When a change in the ownership of a holding has occurred and the current owner of such holding is the registered owner of a horse and cattle brand the registrar may, in the registrar’s discretion—

(a) upon the application of such current owner made in conformity with this Act; and

(b) upon the written authority of the last registered owner of the cattle earmark concerned being furnished to the registrar;

cancel the allotment and registration of any and every cattle earmark registered for use in conjunction with a horse and cattle brand used in respect of such holding prior to such change of ownership and forthwith reallot the same to such current owner for use in conjunction with his or her horse and cattle brand in respect of such holding and shall register the same in the name of such current owner accordingly.