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BRANDS ACT 1915 - SECT 6C
Cattle earmarks
6C Cattle earmarks
(1) The registrar shall register a cattle earmark only in conjunction with a
horse and cattle brand and for use only within the district in which the
applicant therefor indicates it is proposed to use such earmark.
(2) A person
shall not use a cattle earmark except— (a) upon cattle and in conjunction
with the horse and cattle brand in conjunction with which such earmark is, for
the time being, registered; and
(b) in the district for use within which such
earmark is, for the time being, registered.
(3) Every registered cattle
earmark shall consist of 1 or more cuts on either or both of the ears of
cattle, and shall be arranged and placed in such positions as may be
prescribed, and shall be made with pliers.
(4) However, the cut or cuts when
made on the ear shall not remove more than one-third of the ear.
(5) The
registrar may allot to any applicant for or owner of a horse and cattle brand
and register in his or her name in conjunction with such brand more cattle
earmarks than 1 for use in conjunction with such brand.
(6) However— (a)
notwithstanding the provisions of section 6 (1) and (2) , the registrar shall
not allot a second or third cattle earmark for use in conjunction with one and
the same horse and cattle brand in one and the same district unless the
registrar is satisfied that such allotment is justified; and
(b) a person
shall not be allotted more than 3 cattle earmarks for use in conjunction with
one and the same horse and cattle brand in one and the same district.
(7)
When any head of cattle has been earmarked, whether with a registered earmark
or otherwise, it must not again be earmarked with a registered earmark.
(8) A
person shall not make upon an ear of any head of cattle a mark or cut except a
registered cattle earmark.
(9) However, this provision shall not be construed
to prohibit the making of— (a) a spay mark upon the near ear of a cow or
heifer which has been spayed; or
(b) a tattoo within either ear of any head
of cattle; or
(c) a mark or cut upon either ear of any head of cattle
necessary for the insertion in or the affixing to that ear of a tag; or
(d) a
mark or cut wholly within the off ear of any head of cattle such mark or cut
being of such a shape and size and made for such a purpose as the Minister
approves; or
(e) a registered cattle earmark upon the ear of a head of cattle
previously marked in accordance with paragraph (a) or (d); or
(f) a mark or
cut on a head of cattle authorised under another Act.
(10) The registrar
shall— (a) as soon as possible after 31 December in every fourth year, cause
to be compiled and published a brands directory containing all the horse and
cattle brands and cattle earmarks registered up to that date;
(b) from time
to time as the registrar thinks desirable cause to be published a statement
indicating all transfers, alterations, additions and removals made in the
brands directory during the period indicated in the statement and certified by
the registrar to a date indicated in that statement;
and as soon as possible
after publication shall cause copies of the directory or, as the case may be,
statement to be transmitted to such keepers of public pounds, inspectors and
clerks of the court in the State as the Minister approves.
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