Document ID: chunk:federal_register_of_legislation:F2024C00422:reg:2:p70
Version: federal_register_of_legislation:F2024C00422
Segment Type: reg
Provision Reference: reg 2 (pt 70/102)
Character Range: 226256–229020

the Act).

8‑33  Persons who may manufacture or possess official marking devices
  A person may manufacture or possess an official marking device only if:
 (a) the person is an authorised officer or is acting in accordance with a direction given by an authorised officer; or
 (b) the Secretary has given the person a written approval to manufacture or possess the official marking device, and the manufacture or possession is in accordance with that approval.
Note: For how a direction may be given by an authorised officer, see section 309 of the Act.

8‑34  Security of official marking devices
  A person who is in possession of an official marking device, as permitted by section 8‑33, must ensure that the official marking device is stored securely when it is not being used.

8‑35  Damaged or destroyed official marking devices
 (1) This section applies if:
 (a) a person (other than an authorised officer) is in possession of an official marking device; and
 (b) the person becomes aware that the official marking device is damaged or destroyed, worn or otherwise unfit for applying an official mark to prescribed livestock, prescribed live animals or prescribed animal reproductive material.
 (2) The person must notify an authorised officer as soon as practicable after becoming aware of that fact and retain the official marking device in a secure place until otherwise directed by an authorised officer.

8‑36  Records of official marking devices manufactured
  A person who is permitted by section 8‑33 to manufacture official marking devices must:
 (a) make a daily written record stating:
 (i) each kind of official marking device manufactured by the person on that day; and
 (ii) the number of each kind of official marking device manufactured by the person on that day; and
 (iii) the serial number of each official marking device manufactured by the person on that day; and
 (b) make a written record stating:
 (i) each day the person sent an official marking device to a person who is permitted by section 8‑33 to possess the official marking device; and
 (ii) the means used to transport each official marking device sent by the person on that day.
Note: A person who is required to make a record under this section must retain the record for at least 2 years (see section 11‑10).

8‑37  Records of official marking devices used, destroyed or returned
  A person who is permitted by section 8‑33 to possess an official marking device must make a written record of the following:
 (a) official marking devices used by the person to apply official marks to prescribed livestock, prescribed live animals or prescribed animal reproductive material;
 (b) official marking devices destroyed by the person;
 (c) official marking devices returned by the