Changes for South Australia Today

PIRSA has confirmed that as of today there is no longer the need to fill out the Travel Horse Statement or Event Participation Declaration (conditions still apply for horses from NSW and Wld, see the website www.pir.sa.gov.au) . They are still asking that event organisers keep names and contact details on file for 7 weeks after the event, Great news for SA.

Missing Pony 'Patch' returned safe

Patches owners are delighted to report Patch has been returned safe and sound to a neighboring property. They would like to thank everyone for their assistance during this difficult time.

NEW!! View Upcoming events & download event programs.

To submit your event program for Free, email info@horsedeals.com.au

Whelan steps up the attack over plan for EI levy

Paul Whelan is armed with an intimate knowledge of the political system and is intent on asking questions. Racehorse owners had better listen up. Anyone with a horse, any hay-muncher at all, had better tune in, for the former NSW police minister has grave concerns.
Whelan, now breeding thoroughbreds in the Hunter Valley, is worried about the Federal Government's plan to slug horse owners for the equine influenza bill. The cost for the eradication program is tipped to pass $100 million. The Federal Government believes those with horses should be made to pay.
Whelan described the Horse Disease Response Levy Bill as outlandish and asked if it was discriminatory.
"God forbid, what happens if foot-and-mouth disease arrives in this country, does every cattle producer have to pay for the Government's failure?" Whelan asked.
Another concern about the proposed legislation, which has been read in parliament for a second time, was that everyone in Australia owning a horse could be paying up.
"The proposed legislation is manifestly unfair, that the Commonwealth should be seeking reimbursement for an apparent ... negligence which they caused," Whelan said. "To make the people pay for the Commonwealth's mistakes is unjust."
The former Labor minister is also worried about the Federal Government's EI vision. It wants to stop the vaccination program. As it stands, EI vaccinations are regulated by the Federal Government. No one can use the product unless authorised by those in power.
"This is a clear issue," Whelan warned. "Vaccinate or perish. If we don't continue vaccinating and wait for the next EI outbreak to come, it'll wipe everyone out."
Racing NSW chief executive Peter V'Landys is already on record as saying it will be a black day if the vaccination program is stopped.
"We will be back where we started," V'Landys said. "Without vaccination we would not be back racing."
As for the Government's plan to bill horse owners, V'Landys described it as ludicrous. Last week he told The Form: "The best analogy I can make in regard to this legislation is a third person drives your car, smashes it, and expects you to pay to get it repaired."
V'Landys was instrumental in brokering a deal with the former minister for primary industries, Peter McGauran, in regard to no charge being applied to those with horses, certainly not until former High Court judge Ian Callinan has completed a Federal Government-instituted inquiry into the EI outbreak. The inquiry continues and it has emerged in recent weeks dogs were shedding the virus at the Government's Easter Creek Quarantine Centre. Dogs arriving from overseas were kennelled close to the 50-odd imported thoroughbred stallions. Owners of dogs were able to come and go as they liked. The quarantine protocols were laughable.
Whelan has had enough. His call to action has nothing to do with him being a committee member of Thoroughbred Breeders NSW. Whelan knows the impending Government action to recoup money is ill-advised and a misjudgment of grand proportions.
Whelan fired off a letter, forwarded to The Form, to the Federal Government's Primary Industries Minister, Tony Burke, and asked "if this is to be sent elsewhere within the Ministry would you kindly advise me". He asked the following questions: 1) What does the Minister mean by the words "It would not be retrospective"? 2) The purpose of the bill is to seek refund for the Commonwealth on monies it has expended, including monies to the states and state organisations such as Racing NSW following the outbreak of EI in some limited parts of Australia. As not all states/ territories have been affected is this not discriminatory? 3) Will the levy cover all costs including costs of the CHAPS scheme and administration costs? Are recreational horse owners to pay for the thoroughbred industry? 4) Will he advise the total costs to the Commonwealth to date of the EI outbreak? 5) Is the levy for the reimbursement of the costs of the recent past outbreak of EI? 6) The Australian Horse Council, by press release dated 27/02/08, OPPOSED the horse industry levy. When did the Australian Horse Industry council make their submission supporting the statutory levy as stated by the Minister in his second reading speech? 7) Why is the bill necessary before Callinan has made his recommendations on culpability? 8) Will the bill as proposed prevent those in the horse industry from proceeding against other parties, including the Commonwealth? 9) Would the Minister consider amending the Callinan Terms of Reference to ascertain liability so as to prevent multiple court actions against the Commonwealth and others?
Whelan may well have struck a nerve. On Thursday, Burke released a statement saying: "I have no intention of introducing a levy before receiving the final Callinan Inquiry report. I am committed to discussing any future action on levies with the industry and have ensured this is required under the legislation."
Whelan wants answers.

Vaccination and levy

In response to Franz Venhaus 4/3/08
Vaccination= Quote "...the vaccine does not ...cover the current strain of virus ... but updated ...might be in production by April.." end quote. How long has that taken you to work that out. The gov permit states that it is not registered in Aust., nor has efficacy against the strain causing the outbreak not been established. Yes ,we have to play a blame game and blame the shuttle stallions, well I am a qhorse breeder but if you look into this without bias, the horses that came in would have all been vaccinated ,but,the H N mutate and eventually the horses immune system will no longer recognise them, most likely these shuttle stallions (may) not have had the vaccine that had been updated for this strain, not a deliberate act but this strain looks like it got in first. A horse can have some immunity or be vaccinated, may not show any clinical signs but, still be contagious.
The biggest mistake made was the government giving the flu 3 weeks to get a go on because there was no vaccine on hand, a lie, there was a killed vaccine on hand from the first day and permits were ready to be put in place. The killed vaccine had successfully challenged the Ohio/03 and the S/A03 (which the one used had not)these two strains being as close to Wisconsin/03 , as you can get.

We as the horse industry registered or not, are, going to be got again by having a levy imposed upon us, lets see what back door the authorities will come in ,which ,they will try.

Levy=Lets do some study, The Horse Disease Response Levy Collection Bill 2008 is plainly open to Constitutional challenge. It is an un-constitutional document. There are many precendent High Court cases which have set the standard, and which is not met by the Levy Collection Bill.

"The Legistlature cannot determine conclusively for itself its power to enact legislation by putting beyond examination compliance with the constitutional limits upon that power". Full Court, High Court of Australia. MaCormick v Federal Commissioner of Taxation (1984) 158 CLR 622

Check it out with a lawyer versed in Constitutional law for confirmation. Further, it also transforms Horse Breed Registries into a primary role of tax collection agents for stipulating (at section 7) denial of registration of horses unless a levy is paid first. Late payment to the government of its levy tax by any Breed Registry is punishable by cumulative intrest accrued monthly and they remain liable for any missed levies as well.
Breed will be no longer.
Criminal offences also apply to all persons caught by the act.

"It has been generally assumed that under the Constitution Liability for tax cannot be imposed upon the subject without leaving him open to some judicial process by which he may show that in truth he was not taxable or not taxable in the sum assessed". High Court of Australia. Deputy Federal Commissioner of Taxation v Brown (1958) CLR 32.

An incontestable tax... refers to a tax provided for by law, which, while making the tax payers liability depend upon specified criteria, purports to deny him all the right to resist an assement by proving in the courts...A law imposing such an impost is not a law (within the limits of S51(ii) of the constitution) (and) ...is invalid." High Court of Australia Giris v Federal Commissioner of Taxation (1969) 119 CLR 365

The EADRA response agreement cannot be a legal and binding document on those who did not sign off on it.
The TBs and Harness horses did and they got the preferences of the vaccinations, which reminds me who, were the elite horses that were vaccinated with the killed vaccine that was purchased from the manufacturer (44,000 doses) in October, I'll bet there were no spring racing horses out of training from adverse side effects of the vaccination (GMO?)

Why not now take a lesson from overseas and vaccinate our horses to prevent as we know vaccine does not cure and is not a 100% guarantee, the flu is not a reportable disease to state Vets in America, they still have small outbreaks of 5-20 horses, Why is it so hard for the authorities or the TB industry to see we are mostly likely going have to be like everybody else in the world and vaccinate for the good of our horses health and prevention, and give up the EI free status, horse that come in and horses that go out have to be vaccinated so what is the EI free status all about, horses are now like us ,frequent fliers, I'm not a pessimist, optimistic and realistist yes,and I believe that as a christian there is no perfect church, because of the human element in it also, no matter how you clean up the quarrantine stations there will always be a risk "the human factor" see yesterdays blog on the farrier at Eastern creek. I believe that as a horse owner and citizen of a democratic country that if vaccination does become mandatory, I should not be denied the right of freedom of choice of vaccine for my horse, and as a responsible horse owner take the responsibility to make sure my horses are vaccinated for prevention.

It seems as though politicians will listen to get the votes required to get on the other side of the fence, the member for parliament where I am has been trying since December to get a hearing with the minister for Ag,for us, with no acknowledgement, maybe because she is opposition. Maybe camping on the front lawn of parliament house (like others have) with our horses, they may then see us if not hear us.

Pam.

Horse flu stops Horse Australia Expo

One of the country's biggest horse events, the Horse Australia Expo, will be postponed because of ongoing complications from last year's equine flu outbreak.
Organisers were hoping to host the Rockhampton based event later this year, but say have now put it off until 2011.

Vaccine agreement reached

THE racing industry has forged a crucial agreement with the federal and state governments to continue the equine influenza vaccination program until the end of June.

Approval to continue the vaccination program was finally granted despite some resistance from bureaucrats looking to cut costs.
NSW was declared "EI-free" last week although it was deemed necessary to continue the vaccination program to ensure there was no possibility of another outbreak.
Racing NSW chief executive Peter V'Landys said the agreement to continue the EI vaccination program until at least June 30 was a relief for all concerned in the racing industry.
"We can't be 100 per cent certain that EI has been eradicated," he admitted. "There could be some horses in outback Queensland or some remote part of NSW with EI but we just don't know. It is impossible to test everywhere. This is why it is so important we got governments to agree to continue to vaccinate."
V'Landys conceded the NSW racing industry would still be shut down if approval wasn't granted initially to vaccinate against EI.
"The disease was spreading like wildfire, there seemed to be no stopping it," he said.
"The racing industry owes a debt to (trainer) John O'Shea for agitating so forcefully for vaccinations."
V'Landys said the racing industry would continue to lobby governments to approve an annual EI vaccination program.

IRT Returns To Normal Post-EI

International Racehorse Transport's Australian offices (Melbourne & Sydney) are returning to normal following the equine influenza crisis. IRT operations director Chris Burke noted: "Although imports from NZ were not significantly interrupted, exports to NZ & imports from the northern hemisphere were suspended through to mid-October. From then on, IRT managed to import over 170 horses before the end of 2007 from the US & Europe. Although we continued to export horses during the EI outbreak to the US, Europe & some other destinations like Jordan & India, this area of our business was the most affected, with no shipments heading to Asia until January. Since then we have successfully undertaken several shipments to Japan & Hong Kong, with Singapore & Dubai shortly to follow suit. Within the next month we fully expect to be back to near normal, with even 2-way traffic on the Tasman possible".

3rd Business Assistance Grant Of $5,000 available

Racing NSW reminded industry participants that "a 3rd round of the Business Assistance Grant of $5,000 is available" with applications closing on March 14. Federal Government regulations limit the grant to: (a) businesses who have successfully applied for 1st & 2nd round grants; & (b) businesses who were located in, or can demonstrate that a majority of their income was derived from, a restricted movement zone (red, amber or purple) as specified by the NSW Department Of Primary Industries on February 9.