Explanatory note
1 Title
2 Commencement
Part 1
Preliminary provisions
3 Purpose
4 Interpretation
5 Meaning of NAIT location
6 Act binds the Crown
Part 2
Governance
7 Minister must designate entity to act as NAIT organisation
8 Process for designating NAIT organisation
9 Minister may appoint 1 or more persons to perform functions or duties, or exercise powers, of NAIT organisation
10 Functions, duties, and powers of NAIT organisation
11 Board or governing body of NAIT organisation may delegate functions, duties, and powers
12 Minister may issue, amend, or revoke policies and standards
13 NAIT organisation must provide Minister with requested information
14 NAIT organisation may issue, amend, or revoke NAIT animal identification standards
15 NAIT organisation to approve identification systems
16 NAIT organisation may suspend or revoke approval of NAIT identification system
17 NAIT organisation may review NAIT identification systems
18 Functions and duties of information providers and accredited persons dealing with NAIT animals
19 NAIT organisation may issue, amend, or revoke accreditation standards
20 NAIT organisation may accredit entities as information providers and persons dealing with NAIT animals as persons to provide information in lieu of PICAs
21 NAIT organisation may suspend or revoke accreditation of information providers or persons dealing with NAIT animals
22 NAIT organisation must keep register of information providers and accredited persons dealing with NAIT animals
23 NAIT organisation to assess performance of information providers and accredited persons dealing with NAIT animals
Part 3
Obligations of persons participating in NAIT scheme
Overview
24 Key obligations
25 Application of obligations
Subpart 1—Obligations on PICAs
Registration as PICA
26 Obligation to register as PICA
27 Registration process
28 Registration in respect of saleyard or meat processing facility
Registration of NAIT location
29 Obligation to register NAIT location
Animal identification and registration
30 Obligation to identify and register NAIT animals
Movement and compliance
31 Obligation to declare movement of NAIT animals
32 Obligation to declare NAIT compliance
Subpart 2—Other obligations
Death, loss, or export of animals
33 Obligation to declare death, loss, or export
Provision of information
34 Obligations relating to provision of information
35 Obligation on manufacturers of animal identification devices
36 Obligation on other identification system administrators
Exercise of regulation-making power in relation to this Part
37 Regulations exempting compliance with obligations
Part 4
NAIT information system
38 Definitions for this Part
39 Establishment and management
40 Purposes of holding core data
41 Non-core data held by agreement
42 Rules on holding and accessing data
43 Method of making applications
44 Handling of applications
45 Determinations by administrator
46 Determinations by administrator or panel
47 Method of, and conditions on, access
48 Notification of determinations
49 Publication of statistics
50 Complaints procedure
51 Relationship with other laws
Part 5
Compliance and enforcement
Subpart 1—General matters
52 Purpose and scope of powers
53 Interpretation
Appointments
54 Appointment of NAIT officers and NAIT authorised persons
55 Authorisation of officers
Functions and powers generally
56 Functions and powers of NAIT officers and NAIT authorised persons
Subpart 2—Powers relevant to administration of NAIT scheme
57 Production of information
58 Audit of core data
59 Power to determine status of person as PICA
60 Power to give directions
61 Power to act if person defaults
62 Holding of property seized or produced under this Part
Rights in respect of things seized or produced
63 Application for release of, or access to, things seized or produced
64 Failure to comply with conditions
65 Application to District Court for access to thing seized or produced
66 Application to District Court for release of thing seized or produced
Subpart 3—Powers applying in relation to all livestock
67 Recovery of straying livestock
68 Removal of straying livestock
Subpart 4—Powers of NAIT officers to obtain certain orders
Production orders
69 NAIT officer may apply for production order
70 Conditions for making production order
71 Issuing officer may make order
72 Form and content of production order
73 Duration of production order
74 Documents produced under production order
75 Copy of retained document
76 Other provisions applying to production orders
Subpart 5—Search and inspection powers
General matters
77 Application of rules in relation to NAIT officers and transfer of things
Consent searches
78 Application of rules about consent searches
79 Purposes for which consent search may be undertaken
80 Advice that must be given before consent search undertaken
81 Circumstances where search by consent unlawful
82 Ability of persons under 14 years to consent to searches of places, vehicles, or other things
83 Exceptions to consent search rules
Search warrants
84 Power to apply for search warrant
85 Application for search warrant
86 Application must be verified
87 Mode of application for search warrant
88 Retention of documents
Issuing of search warrant
89 Restrictions on issue of search warrant
90 Form and content of search warrant
91 Issuing officer may require search warrant report
92 Transmission of search warrant
93 When search warrant executed
94 When search warrant invalid
Carrying out search powers
95 Search powers
96 Remote access search of thing authorised by warrant
97 Items of uncertain status may be seized
98 Powers of persons called to assist
99 Powers of persons called to assist remote access search
100 Limitation on exercise of powers
101 Securing place, vehicle, or other thing to be searched
Establishing search scene
102 Special powers where application for search warrant pending
Seizure of items in plain view
103 Seizure of items in plain view
Inspection without warrant
104 Power of entry without warrant for inspection
Powers relating to vehicles
105 Stopping vehicles with or without warrant for purposes of search
106 Moving vehicle for purpose of search, safekeeping, or road safety
107 Search warrants to enter and search vehicles
108 Duty to remain stopped
109 Duty to provide information
Personal search power
110 Power to detain and search
Computer system searches
111 Duty of persons with knowledge of computer system or other data storage devices to assist access
Identification and notice requirements
112 Identification and notice requirements for person exercising search power (other than remote access search)
113 Identifications and notice requirements for remote access search
114 Inventory of items seized
115 Compliance with certain provisions may be postponed
116 Further postponement of, or dispensation from, obligation to comply with certain provisions
Subpart 6—Privilege and confidentiality
117 Recognition of privilege
118 Lawyers' trust accounts
119 Privilege against self-incrimination
120 Other privileges
121 Effect of privilege on search warrants and search powers
122 Search warrants that extend to lawyers' premises or material held by lawyers
123 Search warrant extending to certain other privileged materials
124 Searches otherwise affecting privileged materials
125 Interim steps pending resolution of privilege claim
126 Claims for privilege for things seized or sought to be seized
127 Admission of evidence
Subpart 7—Reporting
128 Reporting of exercise of powers within Ministry agency
129 Annual reporting of search powers
Subpart 8—Offences and penalties
Offences other than infringement offences
130 Offences relating to stopping vehicles
131 Offence of failing to carry out obligations in relation to computer system search
132 Offences relating to exercise of powers
133 Offences relating to information required by, or held under, this Act
134 Obligation to maintain confidentiality
135 Offence of failing to comply with production order
136 False application for production order or search warrant
137 Offences relating to registration and declarations
138 Offences relating to fitting NAIT devices
139 Offences relating to alteration, removal, reuse, and supply of NAIT devices
140 Offence of failing to comply with directions
Infringement offences
141 Offences that may be proceeded with by way of infringement notice
142 Issue and cancellation of infringement notices
143 Form of infringement notice
144 Payment of infringement fees
General provisions applying to offences under Act
145 Period within which information must be laid
146 Liability of body corporate
147 Liability of principals and agents
148 Liability of director or manager of body corporate
149 Defences must be notified to prosecutor
150 Evidence in proceedings
151 Service of orders or notices
Part 6
Immunities, cost recovery, regulation-making powers, and miscellaneous provisions
Protection from civil and criminal liability
152 Immunities
Cost recovery
153 Costs must be recovered
154 Principles
155 Methods
156 Consultation
157 Regulations may impose fees or charges
158 Regulations may impose levies
159 NAIT organisation to account for levy
160 Levy regulations to be confirmed
161 Failure to pay
162 Charges for services outside this Act
Other regulation-making powers
163 Regulations affecting Schedule 1
164 Other regulations
Transitional provisions
165 Previously approved identification systems may continue
166 First recovery period
Miscellaneous
167 Repeal of Animal Identification Act 1993
168 Amendments to other enactments
Schedule 1
Animals subject to NAIT scheme
Schedule 2
Enactments amended