Queensland Consolidated Acts

BRANDS ACT 1915 - SECT 20

20 Manner of dealing with cancelled brands and marks

(1) Upon the application of the last registered owner of a brand or earmark the allotment and registration of which has been cancelled and upon the payment of the prescribed fee the registrar, if satisfied that such application is in conformity with this Act, shall, subject to this Act, reallot such brand or, as the case may be, earmark to the applicant and register the same in the applicant’s name unless, in the meantime, such brand or, as the case may be, earmark, has been allotted to another person and registered in the person’s name.

(2) Save as is provided in section 19A and in subsection (1) , the registrar shall not allot a horse and cattle brand or cattle earmark which is cancelled to any person unless the registrar is satisfied—

(a) that a period of 5 years has elapsed since such brand or, as the case may be, earmark was in regular use by the registered owner thereof; or

(b) in the case of an earmark—that the registered owner thereof has consented in writing to such cancellation and allotment.