Page 2675 - Week 07 - Thursday, 2 August 2018
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To deal with straying or trespassing stock, the Stock Act has a number of provisions about the impounding of stock. Part 5 of the act permits the director-general and the occupier of the land to impound trespassing stock. The act requires the director-general to give notice of the impoundment of stock either to the owner, if identified, or publicly. There are provisions about the release of impounded stock and fees payable by the owner to the territory to maintain and travel the impounded stock.
If impounded stock are not released, the act currently provides that impounded stock must, in the first instance, be disposed of by selling them at auction. Section 39 in part 5 of the act provides that the director-general must offer the stock for sale at auction if the stock is not released within 14 days of notice of the impoundment being given.
It has become apparent that this requirement to sell at auction is not the best use of government resources and is not always the best outcome for the stock involved. The costs associated with administering the auction process when only a small number of animals is involved is not justified and there may be potential for animal welfare issues associated with keeping social animals in isolation from their normal mob-based social environment.
The requirement for the director-general to sell impounded stock by auction works well in situations involving large numbers of stock but it is not so suitable when small numbers of animals or single animals are involved, and straying or trespassing by small numbers of stock or single animals is more usual in Canberra than entire straying herds. The bill therefore makes amendments to the Stock Act to enable the director-general to exercise some discretion in implementing solutions in relation to impounded stock that are more cost effective, pragmatic and avoid potential animal welfare issues associated with keeping social animals in isolation.
The bill amends part 5, section 39 to provide sale of the stock as one of the options available to the director-general after they have been impounded and not released to the owner within a period of 14 days. New section 39 permits the director-general to dispose of the stock by selling them at auction or another means of sale or by disposing of the stock, including destroying the stock, as the director-general considers appropriate.
I wish to emphasise that the director-general may only destroy or dispose of the stock after the 14-day notice period of the impoundment has expired and it is not practicable or desirable to sell the stock because of cost, animal welfare or other reasons. I would also like to point out that the bill in no way affects the ability of a veterinary surgeon to humanely destroy an animal that is sick, diseased or injured in accordance with section 86 of the Animal Welfare Act 1992.
I would now like to turn to the second set of amendments made by the bill. These relate to part 4 of the Stock Act, which is about travelling stock. Part 4 of the Stock Act has historically been about requiring anyone transporting stock to have a document from the government or the owner of the stock that proved ownership of the stock at the point of origin of the stock. The permit system was also about tracing stock movements in case of a disease outbreak.
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