Abattoirs Agreement Ratification and Meat Industry Act of 1930 (21 Geo v No. 13) (Qld)
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srrooK. 21 GEO. V. No. 13,1930. Abattoirs Agreement Ratification, Etc., Act. STATE GOVERNMENT QUARRIES, HELIDON- SALE OF. See TRADE. STATE GOVERNMENT WORKSHOPS, SOUTH BRISBANE-SALE OF, See TRADE. 13319 STOCK. An Act to Approve, Ratify, and Confirm an Agree- 21 (fflo. v. ment made between the Honourable Arthur N;·H~3. Edward Moore , Premier and Chief Secretary AAGBRAETETMOEIRNST of the State of Queensland , for and on RATTIIOFINOA- behalf of the Government of Queensland, AND MEAT an· d S Wl 'f t Austral' lan Company L' Im . lte d , AICNTDOUFST 1R9 Y 30. relating to the Purchase of Abattoirs in the City of Brisbane; to provide for the Constitution of a Meat Industry Board having for its object the Maintenance a.nd Control of the said Abattoirs, and Further Powers ,and Authorities regarding the Meat Industry; and for other purposes. [ASSENTED TO 14TH OCTOBER, 1930.] B E it enacted by the King's Most Excellent .Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assemhled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. (1.) This Act may be cited as "The Abattoirs Short title Agreement Ratification and Meat Ind~ lstry Act of 1930," a~ ~ ~ : : ~ nt. al\d shall come into operation on a date to be proclaimed m by the Governor in Council and published in the Gazette: Provided that the provisions of Part n.-Ratification of Agreement-shall come into operation on the passing of this Act:
13320 STOCK. PART 1.- Abattoirs Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, PRELIMINARY. Provided further that it shall not be necessary to proclaim that the whole Act (other than Part n., which comes into operation on the passing of this Act) shall commence on one date, but the several Parts (other than Part n.) and sections may be proclaimed to commence on such dates as are respectively fixed by Proclamation. Parts of Aot. (2.) This Act is divided into Parts as follows : - PART I.-PRELIMINARY; PART Il.-RATIFICATION OF AGREEMENT; PART IlL-INTERPRETATION AND APPLICATION; PART IV.-CONSTITUTION AND POWERS OF BOARD; PART V.-SI.JAUGHTERING AND INSPECTION OF CATTLE AND MEAT; PART VI.-CAT'I'LE SALEYARDS; PART VII.-MISCELLANEOUS. PART I1.- RATIFICATION OF AGREEMENT. PART Il.-RATIFICATION OF AGREEMENT. Ratification 2. The Agreement made on the thirtieth day of oAfgreement. July, one thousand nine hundred and thirty, between Swift Australian Company Limited, a company duly incorporated and registered pursuant to the provisions of *" The Companies Acts, 1863 to 1909" (hereinafter with its successors called "the Company"), and the Honourable Arthur Edward Moore, Chief Secretary of the State of Queensland, for and on behalf of and authorised by the Government of the State of Queens- land, a copy of which Agreement is set forth in the Schedules. Schedules to this Act, is hereby approved, ratified, and confirmed; and all matters and things to be done or performed under and pursuant to the said Agreement after the passing of this Act are approved and autho- rised and shall be valid and effectual for all purposes whatsoever. PAR'r III.- lliTERPRE- TATION AND ApPLICATION. PART IIl.-INTERPRETATION AND ...L. \PPLICATION. Interpreta- 3. In this Act, unless the context otherwise indicates tion. or requires, the following terms have the meanings respectively assigned to them, that is to say :- Animal. "Animal" includes bull, ox, steer, cow, heifer, ram, ewe, wether, lamb, goat, kid, or swine; * 27 Vie. No. 4 and amending Acts, supra, page 186.
STOCK. 13321 1930. PART nI.- Abattoit"s Agt'eement Ratification, Etc., Act. INTERPRE- TATION AND ApPLICATION. "Board"-The Meat Industry Board as consti- Board. tuted by this Act: the term includes the chairman or any member thereof; " Cattle" includes sheep, lambs) pigs, goats, and Cattle. bovine cattle; "Diseased" means affected with tuberculosis, Diseased. anthrax, actinomycosis, cancer, trichinosis, or any other disease which the Governor in Council by Order in Council published in the Gazette declares to be a disease within the meaning of this Act; and includes any defect, inferiority, or abnormal conditions in cattle or meat which renders such cattle or meat unfit for human consumption; .. Inspector"-An inspector under *"The Slaughter- IIlIlpector. ing Act of 1898 " or any amendment thereof; "Meat" means the whole or any part of an Meat. animal such as is used for human consumption; " Metropolitan Abattoir Area" or "Area" means Metropolitan the area of the City of Brisbane as constituted ! ~ : : ~ oir and defined by t"The Oity of Brisbane Act of 1924 " ; " Minister"-The Chief Secretary or other Minister Minister. of the Crown for the time being administering the provisions of this Act ; " Offal" includes blood, refuse, portions of meat, Offal. hides, skins, hair, hoofs, and horns, or other portions of any animal which are not ordinarily used for the food of man; "Officer" means any officer or employee of the Officer. Board; "Premises" includes any building, land, vehicle, Premises. ship, vessel, or place; " Prescribed"-Prescribed by this Act; Prescribed. " Public abattoir"-The abattoir, being the Public. property as described in the Agreement set abattolr. forth in the Schedule or any alterations, enlargements, extensions of or additions to the same, and any buildings, plant, or premises used in connection therewith; * 62 Vic. No. 23, 8upra, page 3339. t 15 Geo. V. No. 32, 8upra, pa.ge 11140.
13322 STOCK. PARTIII.- INTERPRE- Abattoirs Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, TATION AND -------------------- - -------" ApPLICATION. Publio meat- "' })ublic meat-market" means the market for the market. sale of meat to be established at the public abattoir, or any other market purchased, acquired, estabHshed, or conducted by the Board either instead of or in addition to such aforesaid market or any market conducted with the consent of and under the conditions prescribed by the Board; Public sale· yal'dR. " Public saleyards" means the saleyards referred to in the Schedules, or any other saleyards for the sale of cattle which may be purchased, acquired, established, or conducted by the Board either instead of or in addition to the aforesaid saleyards ; Regulati 0 l1B. "Regulations"-Regulations made under the authority of this Act; Schedules. :, Schedules"-The Schedules to this Act, being the Agreement together with all schedules to the Agreement, and plans as set forth therein; This Act. " This Act"-This Act, the Schedules thereto, and all Proclamations, Orders in Council, and regulations made thereunder. Application 4. This Act shall, except when otherwise expressly of Act. provided, apply only within the Metropolitan Abattoir Area. Boundariefl 5. The boundaries of the Metropolitan Abattoir of area. Area shall be the boundaries of the area of the Citv of Brisbane as 'set forth in *" The City of Brisbane Act of 1924." Repeal. 6. The provisions of *" The City of Brisbane Act of 1924" or any Act amending the same so far as they confer on the Brisbane City Council any power, or enable the Brisbane City Council to acquire the right to exercise any power relating to the construction, establishment, maintenance, regulation, or control of cattle saleyards or abattoirs, in any place within the Metropolitan Abattoir Area, shall cease to have effect. Saving of 7. Nothing in this Act shall be taken to abridge Health Acts, the powers vested in the Commissioner for Public Health under and pursuant to t" The Health Acts, 1900 to 1922," or any Act amending or in substitution of the same. * 15 Geo. V. No. 32, supra, page 11140. t 64 Vic. No. 9 and amending Acts, supra, page 7735.
STOCK. 13323 1930. Abattoirs Agreement Ratification, Etc., Act. PARTlV.- CONSTITUTION AND POWERS OF BOARD. PART IV.-CONSTITUTION AND POWERS OF THE MEAT INDUSTRY BOARD. 8. (1.) For the purposes of this Act there shall be Constitution established a Board to be called the Queensland Meat of Board. Industry Board. Such Board shall consist of three members, namely- (a) The General Manager of the public aba,ttoir, who shall be an officer required to devote his full time to such office, and who shall be the Chairman of the Board; (b) A member representing the producers' interests, who shall not be required .to devote his full time to such office; (c) A member representing the consumers' interests, who shall not be required to devote his full tjme to such office. The Board and the members thereof shall be appointed by the Governor in Council by notification in the Gazette, and shall be appointed for such time as the Governor in Council shall deem fit and proper. The members shall be eligible for reappointment for such period as the Governor in Council thinks fit and proper. The Governor in Council shall also fix the salary and allowances of the Chairman and the other two members of the Board. (2.) The Board shall be a corporation by the name of The Queensland Meat Industry Board, and l::>y that name shall have perpetual succession and an official seal which shall be judicially noticed, and shall be capable in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and hold land, goods, chattels, and other property. (3.) No member or officer of the Board while acting DisabilitieA. as such shall be or become a director or a member of the managing body of any firm or corporation directly or indirectly connected with the meat industry. (4.) In the event of any vacancy arising at "any time Vacancies. upon the Board by reason of the death, disqualification, or removal of any member, such vacancy shall be filled by the Governor in Council by the appointment of a
13324 STOCK. PARTIV.- CONSTITUTION Abattoirs Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, AND POWERS OF BOARD. - - - - - - - - - - - - - - - - - - - - - - - - qualified person, in the case of the manager and chairman, to act as such manager and chairman, and in the case of members other than the chairman to represent the interest in the representation of which such vacancy occurs. Appoint. ment of officers. 9. (1.) The Board shall appoint a secretary and may appoint such administrative and technical officers, clerks, and other officers as may be considered necessary for the due administration of this Act. Secretary smeaaly. affix (2.) The secretary shall have power to execute documents on behalf of the Board and affix the official seal thereto, and shall also have such other powers and perform such other duties as are from time to time appointed by the Board. Employment, (3.) The Board shall employ such employees as ~ ! . ~ i~ ; ~ e8. Amay be necessary for carrying out the provisions of this ct. Employee (4.) Every officer or employee shall hold office atot hpo1eladsuofrfei.ce edmurpin I ogyepel, eaasnudremoanylyd, I' sacnodnt.mthuee Bt hoear 0 dffimceasy 0 fdiosrmaispspoa. mnyt other persons in the place of employees who are dismissed or die or resign or otherwise vacate their employment. Effect of 10. (1.) On the constitution of the Board, the terms coof nBsotiatrudt.ion .provisions, conditions, and stipulations contained in the Agreement being the Schedules to this Act shall apply and extend accordingly, and shall be obeyed by all persons concerned. Moreover, aU benefits, advantages, and obligations conferred or imposed upon the purchaser (as defined in Agreement being the Schedules to this Act) shall, subject to the said Schedules, be and be deemed to have been assigned to and imposed upon the Board, and from and after the constitution of the Board neither the said purchaser nor the Government shall be or be deemed to be subject to any liability or claim whatsoever in respect of or in connection with the said Agreement, save only the obligation of the said purchaser to procure the guarantee by the Treasurer of Queensland of debentures to be issued by the Board as hereinafter provided. Vesting of (2.) At any time after the constitution of the Board property. under this Act the Board shall from a day specified in that behalf by a Proclamation by the Governor in
STOCK. 13325 1930. Abattoi1's Agreement Ratification, Etc., Act. PARTlV.- CONSTITUTION AND POWERS OF BOARD. Council published in the Gazette become the owner of the abattoirs, and subject to this Act, free and discharged from any mortgage, lien, charge, or encumbrance thereon or thereover whatsoever, and the Company shall on the said day give quiet possession of the abattoirs to the Board and the Board shall subject to this Act have sole and exclusive ownership and control of the abattoirs and of the maintenance, use, and working thereof. (3.) (a) To enable the Board to carry out the objects Power of and purposes of this Act the Board is hereby authorised ~ ~ : ! d to to issue anq. shall issue to the Company debentures in debentures. the prescribed amounts and at the times and in the manner and subject to the provisions, conditions, and stipulations as are contained in the Schedules. (b) The due payment by the Board of such Guaranteed debentures and the interest on such debentures shall ~ ~ e! ~ ~ rer of also be and be deemed to be guaranteed by the Treasurer Queensland. of Queensland. 11. The Board may acquire by purchase, lease, Acquisition grant, or otherwise, an • d hold land for carrying out any o p f rolpanerdt y a . nd of the purposes of thlS Act, and may also purchase, construct, maintain, and alter such buildings, yards, plant, machinery, and other works and improvements as may be deemed necessary for the purposes of this Act. 12. It shall be the duty of the Board to manage Duties of and maintain the public abattoir, to manage and the Board. maintain all public sa,leyards and the public meat- market, and also to do all such things as may be expedient and in accordance with this Act to prevent diseased or unwholesome meat from passing into consumption in the Metropolitan Abattoir Are 13. (1.) Subject to this Act the Board ay if it Powers of thinks fit- the Board. (i.) Establish, maintain, and conduct aba toirs or saleyards for the sale of cattle in a y part of the Metropolitan Abattoir Area; (ii.) Establish, maintain, and conduct w rks for canning, preserving, chilling, or freezin meat; (iii.) Take delivery of cattle and slaughter t.le same on behalf of any other person; (iv.) Make such arrangements as it thinks It with regard to the purchase, collectio, and
13326 STOCK. IV.- PART -- - -- - - - - - - - - - - - - - - - - - - - ~ ~ ~~ S¥~ ~ _r; ~ : Abattoil'S Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, OF BOARD. -- disposal of meat, offal, or other matter, and apply any manufacturing process thereto, and convert it into a merchantable article and sell the same. Board to be (2.) The Board shall be deemed to be a "local ~ ~ ~ ~ ~ ~ nder body" for all purposes under and pursuant to the the Act provisions of *" The Local Bodies' Loans Guarantee Act ito G;.o. v. of 1923," and the provisions of such lastmentioned Act, together with any additions thereto or modifications thereof as the Governor in Council may by Order in Council prescribe either generally or in any particular case, shall apply and extend accordingly. Board empowered to make charges. 14. It shall be lawful for the Board to demand, collect, and receive in respect and for the use of any property of the Board or any services performed by it such tolls, dues, rates, fees, and charges as may be reasonable or as may be prescribed. Powers on default. 15. (1.) When default is made in the payment of any tolls, dues, rates, fees, or charges, the Board may seize and sell any animals, meat, or goods, the property of the debtor, which are in or upon any land or premises the property of the Board, and after reimbursing itself the amount of such tolls, dues, rates, fees, or charges and the expenses of such seizure and sale, shall on demand render the surplus (if any) and also such of the said animals, meat, or goods as remain unsold to the person entitled thereto. (2.) In place of selling such animals, meat, or goods, or notwithstanding such sale, if the proceeds thereof are insufficient, the Board may by action of debt in any court of competent jurisdiction recover the amount of such tolls, dues, rates, fees, charges, and expenses as are due. Fund to be 16. All fees or sums of money received by the ostablished. Board or its officers under the provisions of this Act shall go to form a fund out of which shall be defrayed- (a) Any preliminary costs, charges, and expenses, including the costs of reports, inquiries, and investigations entailed and incurred in respect of the making of the Agreement as set forth in the Schedules, and in respect of the * 14 Geo. V. No. 8, supra, page 10693.
1930. S'l'OCK. 13327 - -- - . - - ~ , - - - - - . - - - - - - - - PART I~{ . - Abattoirs Agreement Ratification, Etc., Act. CONSTITUTIOl> A)lD POWERS - - - ~ O~ F' BOARD. introduction and passing of this Act~ and the reimbursement to the Crown of any costs, charges, and expenses, including any stamp duties or registration fees, incurred by the Crown; (b) 'I'he salaries, wages, and allowances of members, officers, and employees of the Board; (c) Payment of compensation to butchers in the area as hereinafter provided- Such compensation may be paid to any butcher who satisfies the Board that, at the com- mencement of the operation of this Part, he has slaughtering works, but which owing to the operation of this Part will be discontinued. Claims for compensation must be submitted to the Board within three months after the coming into opera- tion of this Part; The compensation if any payable to any such butcher shall be in the discretion of the Board; but in no case shall such compensa- tion exceed the actual cost to the butcher of the slaughtering works, which for the purposes of this provision shall mean the building and appurtenances wherein the slaughtering operations are conducted only and not including any land or other buildings or works, less reasonable deprecia- tion of such building and appurtenances; moreover no claim whatever shall lie for goodwill, or for any profits which but for the coming into operation of this Part may or might have been made from the works, or any similar considerations: Provided that the compensation pay- able under this provision (c) shall not exceed in the whole the sum of ten thousand pounds, and shall be in full settlement of all the claims thereunder; (d) The expenses of the establishment, construc- tion, extension, alteration, repair, and maintenance of public saleyards, abattoirs, public meat -market, canning, preserving,
13328 STOCK. PARTlV.- CONSTiTUTION Abattoirs Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, AND POWERS OF BOARD. - - - - - - - - - - - - - - - - - - - - - - - - chilling, or freezing works, and all other expenses involved in the carrying out of the purposes of this Act. Books to be kept. 17. The Board shall cause books to be kept and a true and regular account to be entered therein of all sums of money received by it under the Act and of the costs of all works, property, and improvements, and of all payments made by it under this Act. Such books and accounts shall be audited from time to time by officers of the Auditor-General. Allocation of 18. It shall be the duty of the Board to allocate the ctiaopni.talisa- capitalisation of the abattoirs between and in respect of the following sections, namely, the domestic, inter- state, and export sections, in such a manner that will render an equitable distribution of the capital charge as between the aforesaid sections; and also to distribute administrative and other overhead expenses in a manner that will render an equitable proportion of those expenses as between the aforesaid sections : Provided that, before any allocation of the capital- isation as aforesaid is adopted, or any basis of distribution of administrative or overhead expenses, the Board shall submit to the Auditor-General its proposal for any such allocation and distribution. The Auditor-General shall thereupon consider such proposal, and may approve of such proposal, or refuse such proposal, or may refer such proposal back to the Board for further determination: Provided that the final determination shall lie in the decision of the Auditor-General and the Chairman or representative of the Board, in conference. Leases of land for canning or freezing works. 19. The Board may lease any lands or buildings vested in or acquired by it for the purpose of enabling works to be established for canning, preserving, or freezing meat, or for the treatment of any meat, or for any other purposes upon such terms and conditions as may be determined. Power to sell 20. The Board may, with the approval of the Ja.nd, &c. Governor in Council, sell, transfer, or dispose of any land or other property vested in the Board.
STOOK. 1930. Abattoirs Agreement Ratification, Etc., Act. ---- ------------------.------------ ---- PART V.-SLAUGHTERING AND INSPECTION OF CAT'l'LE AND MEAT. 13329 PARi V.- SLAUGHTER- ING AND INSPECTION OF OATTLE AND MEAT. 21. The provisions of Part V. of this Act shall Operati? ~ come into force on and from the date of the issue by the ooff PpraorvtisVlO. llS Governor in Council of the necessary Proclamation pursuant to this Act. 22. (1.) No person shall, except with the consent Prohibition of and under the conditions prescribed by the Board, ~I~ ughtering. within the Metropolitan Abattoir Area, slaughter any cattle or dress any carcass for human consumption except at the public abattoir : Provided always that in respect of live-stock slaughter at the works of Thomas Borthwick and Sons (Australasia) Limited, at Moreton in the said Metro- politan Abattoir Area, and the Queensland Meat Export Company Limited at Pinkenba in the said Metropolitan Abattoir Area, on their own behalf, if the consent of the Board is asked for permission by either or both of such companies to dispose of, within the Metropolitan Abattoir Area, any portion of meat carcass or meat sundries which have been certified as unsuitable for export but suitable for human consumption, by a Commonwealth veterinary officer or by an inspector appointed under *" The Slaughtering Act of 1898," such consent shall not be refused: Provided further, such consent as afo.cesaid shall not be refused by the Board in respect of the following cases, that is to say:- (a) The works of the Darling Downs Co-operative Bacon Company Limited at Buruda in the said Area; (b) The works of the Queensland Co-operative Bacon Curing Works at tMurraree in the said Area; (C) The works of J. C. Hutton Proprietary Limited at Zillmere in the said Area; (d) The works of Foggitt Jones Limited at Oxley in the said Area; * 62 Vie. No. 23, supra, page 3339. t Sic_ semble" Murarrie."
13330 STOCK. PART V.- SLAUGHTER- Abattoirs Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, ING AND INSPECTION OF CATTLE AND MEAT. (2.) No person shall bring or send or cause or allow No meat, to to be brought or sent into the Metropolitan Abattoir oabrreesabe. rnotuignhtot sAlareuaghatenryedcwarictahsosutofthmateaartead, ereixvceedptfrwomith athney caonnismeanlt of and under the conditions prescribed by the Board. . No meat to be sold in area, if brought in or killed contrary to this Act. (3.) No person shall, within the Metropolitan Abattoir Area, except with the consent of the Board, sell or attempt to sell, or expose for sale, or allow or cause to be sold or exposed for sale, for human consump- tion, any carcass or meat 1vhich has been slaughtered within or brought into such area otherwise than in accordance with this Act. Sale of unwhole- some meat not protected. (4.) Nothing in this Act shall protect any person who sells or attempts to sell or exposes for sale, or allows or causes to be sold or exposed for sale for human consumption, any meat which is unwholesome or unfit for human consumption. Penalty. (5.) Any person offending against the provisions of this section shall be liable to a penalty n01i exceeding one hundred pounds. Consent of Board. 23. The consent of the Board, under the last preceding section, may he given in such form, and subject to such terms and conditions as the Board may in its absolute discretion determine. Inspection of cattle. 24. (1.) The Board shall cause all cattle sent or brought to the public saleyards to be inspected before slaughtering, and may do all things that are necessary or expedient for carrying out such inspection, and may charge such fees therefor as are prescribed. (2.) Any inspector may condemn any animal which in his opinion is diseased or otherwise unfit for human consumption, and may seize any such animal and cause it to be destroyed or otherwise disposed of. (3.) The carcasses of all animals which are destroyed in pursuance of this section shall become the absolute property of the Board, which shall pay to the owner thereof such reasonable compensation as the Board may determine. Inspection of meat. 25. (1.) The Board shall cause to be inspected the carcasses of all animals slaughtered within or brought into the Metropolitan Abattoir Area, and may affix thereto or imprint thereon such marks as may be deemed
S'l'OCK. 13331 PARTV.- 1930. Abattoirs Agreement Ratification, Etc., Act. SLAUGHTER- ING AND INSPECTION expedient, and may do all things that are necessary or OF' CATTLE expedient for carrying out such inspection, and may AND MEAT. charge such fees therefor as are prescribed. (2.) Any inspector may by order condemn any carcass or meat which, in his opinion, is unfit for human consumption, and order it to be destroyed. (3.) Any carcass or meat which has been condemned shall be disposed of in manner prescribed. P . ART VI . - C ATTLE S ALEYARDS. PART VI.- CATTLE SALEYARDS. 26. The provisions of Part VI. of this Act shall Operation come into force on and from the date of the issue by the ~~ :~~ ions Governor in Council of the necessary Proclamation of Part VI. pursuant to this Act. 27. Except as in this Act provided no person shall Cattle establish, conduct, or maintain any saleyards for the sale saleyards. of cattle within the Metropolitan Abattoir Area except with the consent of and under the conditions prescribed by the Board. Any person offending against the provisions of this section shall be liable to a penalty of twenty pounds and in addition to a daily penalty of five pounds for each day during which any such saleyards are conducted or maintained in contravention of this section. 28. No person shall sell or offer for sale except as Sales of hereinafter provided any cattle in any place within the cattle. Metropolitan Abattoir Area except in public saleyards. Any person offending against the provisions of this section shall be liable to a penalty not exceeding twenty pounds, or in the alternative to a penalty not exceeding ten shillings for every head of cattle so sold or offered for sale: Provided that this section shall not apply to the following :-- (a) Any sale of cattle when the cattle are not within the said area; (b) Any private sale of cattle not intended for slaughter for human consumption: Provided, however, that the onus of proving that such cattle was not intended for human con- sumption shall be on the person selling the same;
13332 PART V1.- CATTLE SALEYARDS. STOCK. Abattoirs Agreement RaMfication, Etc., Act. 21 GEO. V. No. 13, (c) Any sale of cattle in any private saleyards that may be established, conducted, or maintained within the Metropolitan Abattoir Area with the consent of the Board under section *twenty-six hereof; (d) Any sale of cattle to which the consent of the Board has been first obtained. PART VII.- MrSfJEL- LANEOUS. PART VII.-MrsCELLANEOUS. False marks. 29. Any person who alters or removes from any carcass or meat any marks placed thereon by an officer in accordance with this Act, or who places thereon or causes or allows to be placed thereon any mark purporting to be a mark under this Act, shall be guilty of an offence, and shall be liable to a penalty not exceeding twenty pounds. Powers of officer. 30. (1.) Any officer, or inspector under this Act, or member of the Police Force, may at any time seize and deal as prescribed with any meat which is not marked in accordance with this Act, or which does not appear to have been derived from a carcass which has been marked in accordance with this Act, wherever such meat is either exposed for sale within the Metropolitan Abattoir Area or is in the possession of any person under such circumstances as give rise to a reasonable suspicion that the said carcass or meat is intended for sale within such area for human consumption. (2.) Any person claiming any meat seized as aforesaid may within forty-eight hours after seizure complain thereof to any justice, and such complaint may be heard and determined before any court constituted under t" The Justices Acts, 1886 to 1929," and such court may either confirm or disallow such seizure, and may order the meat seized to be destroyed, and may make such order as to costs and compensation as it may deem fit. (3.) The onus of proof that any meat seized was not intended for human consumption, or that it had been marked or had formed part of a carcass which had been marked in accordance with this Act, shall be upon the complainant. * Semble" twenty-seven." t 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.
S'l'OCK. --- ~ -- - -~ - -- - -- - - ---- - -- --- - - ~ - - - - - - - - - - - - --- --- --- --~ 1930. Abattoirs Agreement Ratification, Etc., Act. 13333 PART VII.- MISCEL- LANEOUS. (4.) If no complaint is made within forty-eight hours after seizure or if the seizure is confirmed, the meat seized shall thereupon become the property of the Board, and may be dealt with as the Board deems fit. (5.) If any person without the authority of the Board removes or takes away any meat seized in accord- ance with this section, such person, in addition to any other punishment to which he may be liable, shall be guilty of an offence against this Act and shall be liable therefor to a penalty not exceeding twenty pounds. 31. Any person who-- . (a) Fails to faithfully perform or observe any Failure of duty or obligation imposed on him by this duty. - Act; (b) Disobeys or neglects to comply with this Act or any order, notification, or direction given in pursuance thereof; (c) Prevents, obstructs, or hinders any employee inspector, or other officer of the Board, or any member of the Police Force, in the exercise of any power or duty conferred on him by this Act ; (d) Refuses to give information or gives false information in answer to any inquiry made in the course of his duty by an inspector or officer of the Board or by any officer of police; (e) Refuses, on demand of any inspector or officer of the Board or police officer, to state his name or place of abode, or states a false name or place of abode, shall be guilty of an offence and shall be liable to a penalty not exceeding twenty pounds. 32. For the due performance of the objects and Application purposes of this Act, the provisions .of * " The Slaughtering si~~ ' J, . ~: rin( J Act of 1898" and any regulatIOn thereunder shall, Act of 1898." subject to this Act, apply and extend accordingly, together with any additions thereto or modifications thereof which the Governor in Council may by Order in Council be pleased to make. * 62 Vie. No. 23, supra, page 3339. 11
13334 STOCK. PART VII.- - - - MISOEL- LANEOUS. Abattoirs Agt'eement Ratification, Etc., Act. 21 GEO. V. No. 13, General penalty. 33. (1.) Any person who is guilty of an offence or of a contravention of this Act for which no specific penalty is in this Act provided shall be liable to a penalty not exceeding twenty pounds. Penalties (2.) All penalties incurred for any offence against rinecaoverable this Act or any fees, charges, or tolls levied pursuant to summary this Act, may be recovered in a summary way under way. *" The Justices Acts, 1886 to 1929," on the complaint of the secretary or other person authorised by the Board. PenaJ~ ie~ to (3.) All sums for penalties paid in respect of any ~ e p~ d III to conviction for any offence under this Act, and any fees, oar . charges, or tolls levied or recovered pursuant to this· Act, shall be paid to the Board and become part of its funds. Evidencc. 34. In any proceedings for an alleged offence against this Act it shall not be necessary to prove .the appointment of the Board, or member thereof, or secretary or officer thereof, or of any inspector or other authorised officer or officer of police, or the authority of the Board or member or secretary or officer thereof or of any inspector or other authorised officer or officer of police to do any aet, or to give any direction or issue or serve any notice or to take any proceeding. Board to· 35. (1.) The Board shall prepare an annual report ~ ~ ~ ~ ~ nnuaJ of its admin~ stration and.o-perations under this Act for the year endmg on the thIrtIeth day of June. (2.) Such report shall show in detail the revenue and expenditure and financial position of the undertaking. (3.) The report shall be transmitted to the Minister before the first day of October next ensuing and shall be by him forthwith laid before Parliament if ParHament is then sitting; otherwise within fourteen days after the commencement of the session next ensuing. RegulatiollS. 36. (1.) The Governor in Council, on the recom- mendation of the Board, may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be con- venient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act, and where there may be in this Act no provision or no sufficient provision in respect * 50 Vie. No. 17, supm, pages 1132 et seg.
1930. STOCK. Abattoirs Agt'eernent Ratification, Etc., Act. 13335 PAROOVII.- MISCEL- LANEOUS. of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing Regulations power to make regulations, regulations may be made- mmandy e b . e (1) Providing for the management and control of Management all public abattoirs, public saleyards, the ~ f~ : ~IT!rol public meat-market, and all other places abattoirs, and buildings vested in or acquired by the &c. Board; (2) :E'or regulating and controlling the use of Regulations such public abattoirs, public saleyards, the ~ ~ bri~ e of public meat-market, and such other places abattoirs, and buildings, and for regulating the conduct &c. of all persons using the same or resorting thereto, .or slaughtering, buying, selling, or dealing therein; (3) Defining the duties and powers of officers and Duties of employees of the Board; officers. (4) Providing for the seizure of and dealing with Seizure of any meat WI' th respec t t 0 wh 1 ' 0 h the provI.s.Ions awnidthdmeaelaint.g of this Act have not, or are reasonably suspected not to have been complied with; (5) Providing for the inspection of cattle and for Inspection of the inspection and marking of meat and for oattle, &c. the fixing and collection of fees therefor, and for the seizure and destruction of diseased cattle and meat which may be brought into or may be in or upon or about any place or building vested in or acquired by the Board; (6) Providing for the application of any manufac-Applioation turm. g process to any 0 ffa I or other mat ter ; otufrminagnufac- process. (7) Providing for fixing, levying,' and collecting Rents, rents, tolls, fees, and charges for the use of tolls, &c. or in connection with any public abattoir, public saleyards, or public meat-market; (8) Prescribing the conditions under which any Slaughtering tpaenrsoAnbasthtaOl ' IlrbAe raelal . otwoedslawuigthhitnerthaenyMceatrtotlpeoloi- r a a ° t b t a h pt e ut r o b i t r l l s C ~ . an dress any carcass for human consumption otherwise than in a public abattoir ;
13336 STOOK. PARTVII.- - - - - - - - - - - - - - - - - - - - - - - MISCEL- LANEOUS. Abattoirs Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, Bringing into area meat of animal slaughtered outside. Establish- ment of saleyards, &0. Registration of butcher shops. Penalties. (9) Prescribing the conditions under which any person shall be allowed to bring or send or cause or allow to be brought or sent into the Metropolitan Abattoir Area any carcass or meat derived from any animal slaughtered without that area; (10) Prescribing the conditions under which any person shall be allowed to establish, conduct, or maintain any saleyards for the sale of cattle within the Metropolitan Abattoir Area; (11) Providing for the registration of butcher shops within the area, and the method of registration; (12) Fixing any penalties not exceeding fifty pounds or, in the case of a continuing offence, not exceeding two pounds per da,y for non- compliance with or breach of any regulation; (13) Prescribing returns of statistics and data to be furnished to the Minister or Board, and the contents thereof, by any prescribed person, and the time and mode of making and furnishing the same; (14) The delegation by the Board of such powers, duties, and responsibilities as may be prescribed, and to the person prescribed; (15) Generally for carrying the objects and purposes of this Act into effect. May fix date of operation. (2.) Such regulations may prescribe that they shall come into operation on the publication thereof in the Gazette, or mav fix therein a date in future in which such regulations, ~ r any regulation or regulations shall so come into force. Maybe~ ade (3.) Such regulations may be made on the passing oofnthpiasssAmcgt. 0 f th· IS A c t . Proclama. 37. All Proclamations, Orders in Council, and I ~ n io C ns o , un O C r~ Il e , r8 regulations made or purporting to have been made under and. this Act shall be published in the Gazette, and thereupon ~ ~ g~ ~: ! O;! t shall be of the same effect as if they were enacted in this of this Act. r Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Any such Proclamation or Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council under this Act.
1930. STOCK. Abattoirs Agreeme1lt Ratification, Etc., Act. 13337 PART VII.- MISCEL- LANEOUS. The production of a copy of the Gazette purporting to contain any such Proclamation or Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, or regulation. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session, or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclama- tion, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regula- tion shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. . For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. THE SCHEDULES. AGREEMENT. AN AGREEMENT made this thirtieth day of J·uly, One .thousand nine hundred and thirty BE'fWEEN SWIFT AUSTRALIAN COMPANY LIMITED a Company duly incorporated and registered under" The Companies Acts, 1863 to 1909," whose registered office for the State of Queensland is situate at Adelaide Steamship Buildings Eagle street Brisbane in the said State (hereinafter with its successors called "the Company") of the one part AND THE HONOURABLE ARTHUR EDWARD MOORE Chief Secretarv of Queensland for and on behalf of and authorised by the Governinent of the State of Queensland (hereinafter vvith his successors in office and assigns called "the Purchaser") of the other part WHEREBY IT IS AGREED by and between the parties as follows that is to say:- 1. The Company agrees to sell to the Government of the State of Queensland and the Purchaser for and on behalf of the said Government agrees to purchase from the Company the property of the Company situated at Cannon Hill Brisbane in the said State (which said property is more particularly described in Schedule A annexed hereto and is hereinafter .referred to as "the said property") for the sum of Four hundred and ninety thousand pounds (£490,000) payable by the issue of debentures as hereinafter mentioned.
13338 STOCK. Abattoir's Agl'eement Ratification, Etc., Act. 21 GEO. V. No. 13, 2. The Company agrees that it will at its own expense within a period of twelve months from the date of the exe.cution hereof or within such further period as may be mutually agreed upon by and between the parties hereto make carry out and effect the alterations and additions to the said property as set out in Schedule 1 hereto and provide and properly instal the machinery plant and things mentioned in such Schedule and will at its own expense within a period of twelve months from the date of thp execution hereof or within such further period as may be mutually agreed upon by and between the parties hereto make carry out and effect the repairs to the said property as set out in Schedule 2 hereto Provided however that if the Company shall be prevented from carrying out and effecting the said alterations or repairs by force majeure war riot epidemic strikes lock-outs ,combination of workmen storms tempest flood fire acts of God inability to obtain machinery or materials (not attributable to the acts or omissions of the Company) or other causes beyond the control of the Company then the respective times hereinbefore fixed for the completion of the said alterations or repairs (as the case may be) shall be extended for a time equivalent to the time which the Company shall be so prevented as af.oresaid from completing the said alterations or repairs as the case may be. In making the alterations additions and repairs referred to in this clause the material used and the work carried out shall be of the highest quality and at least equal in all respects to the material used and the work carried out in the original construction of the works. 3. All such alterations additions and repairs shall be made carried out and effected under the supervision and to the reasonable satisfaction of the Secretary for Public Works of the State of Queensland for the time being and/or of such officer or officers as may from time to time be appointed by the said the Secretary for Public Works in that behalf and in accordance with specifications to be approved by him PROVIDED HOWEVER that if any dispute shall arise between the Company and the Secretary for Public Works and/or such officer or officers as aforesaid as to whether such alterations additions and repairs are being carried out and effected in a proper and workmanlike manner then such dispute shall be referred to arbitration in manner hereinafter provided and if any such dispute shall necessitate the stoppage of work then the proviso to Clause 2 hereof shall apply mutatis mutandis to the period during which such stoppage shall be necessitated PROVIDED FURTHER that Schedule 2 hereof shall not be amended except by mutual consent of the parties.' 4. 'I.'he Government will procure the passage at the present Session of the Legislative Assembly of Queensland of an Act of Parliament constituting a Board (hereinafter called" the Board") to acquire the said property and to carry on abattoirs thereat and vesting in and imposing upon the Board the said property and the benefits and obligations of this Agreement and authorising and directing the issue by the Board and authorising and directing the· guaranteeing by the Treasurer on behalf of the said State of the debentures hereinafter mentioned.
STOCK. 1930. Abattoi1's Agreement Ratification, Etc., Act. 5. Upon the constitution of the Board all the benefits advantages and obligations conferred or imposed upon the Pur- chaser under or by virtue of this Agreement save only the obligation of the said Government to procure the guarantee by the Treasurer of the said State of the debentures to be issued by the Board to the Company shall be and be deemed to have been assigned to and imposed upon the Board and from and after the said constitution of the Board neither the Purchaser nor the said Government shall be or be deemed to be subject to any liability or claim whatsoever in respect of or in connection with this Agree- ment save only the obligation aforesaid to procure the guarantee of the said debentures. 6. The Purchaser undertakes to procure that the Board shall upon completion of the purchase as hereinafter provided issue to the Company legal negotiable debentures for the total sum of Four hundred and ninety thousand pounds (£490,000) bearing interest from the date of the issue thereof at the rate of Five pounds per centum per annum and which interest shall be payable at equi-distant periods of six ealendar months computed from the date of the issue of the debentures. Such debentures shall be issued in the amounts set out in Schedule 3 hereto maturing yearly over a period of twenty (20) years. 7. The Company agrees with the Purchaser that for a period of five years from the date of such completion as aforesaid and the issue to the Company of such debentures as aforesaid it will not (save as a deposit or deposits by way of security with any Bank or Banks with which the Company has or shall have an account or by delivery up to the Board upon payment of the amount of any such debenture) negotiate or part with the possession of any such debenture so issued to the Company as aforesaid. 8. The Company shall within a period of twelve months from the date of the execution hereof and under the supervision and to the reasonable satisfaction of the said the Secretary for Public Works and/or such officer or officers as may be appointed by the said the Secretary for Public "\Vorks in that behalf erect and con- struct a set of saleyards according to plans (copies of which are hereto annexed) and specifications to be approved bY'and upon the site to be E:elected by the said Secretary for Public Works. The Com- pany shall call public tenders for the erection and construction of the said saleyards and no tender shall be accepted by the Company unless and until it shall first have been approved by the said Secretary for Public "\Vorks whose approval shall not be unreason- ably withheld. rrhe Company will if required by the Purchaser by notice in writing given to the Company not less than four months before the completion of the said saleyards within a like period under the like supervision and to the reasonable satisfaction of the like persons erect and construct a set of agents offices at or adjacent to such saleyards according to plans and specifications to be approved by and upon a site to be selected by the said Secretary for Public Works. 13339
13340 STOCK. Abattoirs Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, The provisoes contained in Clauses 2 and 3 of this Agreement shall apply mutatis mutandis to the erection and construction of the said saleyards and/or offices. 9. The Purchaser shall procure that the Board shall upon completion of the purchase issue to the Company legal negotiable debentures for the amount of the cost of the erection and completion of such saleyards or Thirty-eight thousand pounds (£38,000) which- ever shall be the less. The Purchaser undertakes to procure that all such debentures shall- ., (a) Bear interest at the rate of Six pounds (£6) per centum per annum and that such interest shall be payable at equi-distant pe'riods of six calendar months computed from the respective dates of the expenditure by the Company of the respective sums to be represented by such debentures; (b) Be issued in the amounts as set out in Schedule 4 hereto maturing yearly over a period of ten (10) years but if such cost shall be less than Thirty-five thousand pounds (£35,000) each of the said debentures shall be reduced proportionately and similarly if such cost shall exceed Thirty-five thousand pounds (£35,000) each of the said debentures shall be increased proportionately . up to the limit of Thirty-eight thousand pounds (£38,000) PROVIDED THAT if the CompaiiY be required by the Purchaser to erect and shall erect a set of agents offices the cost thereof shall be added to the amounts of the debentures to be issued for the cost of the erection and completion of the said saleyards. 10. Save as herein expressly provided none of the debentures hereinbefore referred to shall contain any limitation of or restric- tion upon the negotiation thereof other than the usual limitations and restrictions (if any) contained in debentures issued by the Government of Q:ueensland but each such debenture shall contain a provision that the same may be redeemed by the Board at any time by payment of a sum equal to the face value thereof and interest to the date of such redemption. 11. All debentures issued by such Board as aforesaid under or in pursuance of this agreement in respect of the payment of both principal and interest shall bear on the face thereof the guarantee of the Treasurer of Queensland for and on behalf of the Government of the said State. 12. The Purchaser undertakes to procure that the Board will on completion of the purchase take over from the Company at their then current market value any operating supplies which the Company shall or may have on hand. 13. The Purchaser shall procure that the Board forthwith upon its being constituted shall grant to the Company first option in writing for a period of six months of leasing the entire canning
STOCK. 1930. Abattoirs Agreement Ratification, Etc., Act. seetion of the said property and the plant and equipment appertain- ing thereto for such term of years at such rental and subject to such conditions as may be mutually agreed upon by and between the Board and the Company. 14. The Company agrees and guarantees that if and so long as an abattoir shall be established and operated on the said land the Company will submit for treatment the whole of its Brisbane killing through such abattoir and will for a period of ten (10) years from the date of the commencement of operations by the Board present for killing at such abattoir in each year for local interstate and/or export purposes not less than Forty thousand (40,000) head of cattle or the equivalent thereof in other live stock (eight sheep lambs or pigs or four calves being calculated as the equivalent of one head of cattle) AND will pay to the Board on demand a sum equal to twelve shillings and six pence (12s. 6d.) for every head of cattle or equivalent by which the total number of cattle killed in any year for or on behalf of the Company at the said abattoir falls short of the said forty thousand (40,000) head of cattle. For the purpose of this and the next succeeding clause" year" shall mean each period of twelve calendar months from the date of the commencement of operations by the Board. 15. The Purchaser undertakes to procure that the Board shall for a period of ten years from the date of the commencement of operations by the Board accept for treatment the said cattle and live stock and that in respect of the killing by the Board of cattle and live stock of the Company the following conditions shall apply:- (a) That in addition to such killing and chilling facilities as the Company may reasonably require for that portion of the said 40,000 head of cattle or the equivalent thereof as aforesaid to be treated for local consumption the Board will provide the Company with a reasonable pro- portion of the monthly killing chilling freezing and storage capacity of the plant for its interstate and/or export purposes. The Company shall if required by the Board give to the Board from time to time thirty days notice in writing of its requirements for the next succeeding month in respect of interstate and/or export killing chilling freezing and twenty-eight days storage and the Board will inform the Company in writing from month to month of the proportion of the capacity of the plant which will be made available to it for its interstate and/or export purposes. Unless prevented by force majeure war riots epidemics strikes lockouts combina· tion of workmen destruction of or damage to buildings machinery or plant storms tempest flood fire acts of God not attributable to its own acts or omissions if the Company shall at any time during the period covered by any such notice as aforesaid fail to use 75 per centum of the requirements of the Company afo< set forth in such 13341
·13342 STOCK. - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - Abattoirs Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, notice the Company shall pay to the Board such sums of money as shall be determined by arbitration in manner provided by Clause 21 hereof as the damage actually suffered by the Board on account or in respect of or in manner whatsoever connected with such failure; (b) That should in anyone or more years during each successive period of five years of the total period of ten years the killing for or on behalf of the Company fall short of the yearly number of cattle so guaranteed as aforesaid the payments as hereinbefore provided to be made by the Company on that account shall be subject to adjustment on a cash basis at the termination of and in accordance with the aggregate killing for or on behalf of the Company for each period of five years; (c) That any benefits of the economies which mayor shall accrue in operating costs shall be given only through the medium of lower abattoir fees adjusted from time to time according to results of operations and to the cost of the respective services performed PROVIDED HOWEVER that the charges per head of the cattle treated by the Board on the account of the Company for any services shall not be in excess of those charged by the Board to any other customer for similar and concurrent services; (d) That the washing dressing and all other operations involved in the preparation of meat sundries hides and skins the property of the Company shall be performed to the reasonable satisfaction of the Company and subject to checking by the Company and/or officers appointea from time to time by the Company in that behalf PROVIDED that should any question difference or dispute arise as to whether such washing dressing and other operations as aforesaid are being satisfactorily performed such question difference or dispute shall be determined by arbitration in manner hereinafter appearing; PROVIDED AI.JWAYS that no breach or alleged breach by the Board of any of the aforesaid conditions shall affect or impair the obliga- tions of the Company as set out in Clause 14 hereof and the remedy of the Company in respect of any such breach shall be for damages AND PROVIDED FURTHER that in case of any question difference or dispute arising between the parties the same shall not pending the reference of such question differell!ce or dispute to arbitration and the making of an award give rise to any right on the part of the Board to defer the treatment of cattle or their equivalent which shall have been previously or which may meanwhile be submitted by the Company to the Board for treatment in terms of this Agreement. 16. The obligation of the Company to submit cattle to the Board for treatment and of the Board to accept such cattle froDl
1930. STOOK. Abattoirs Agreement Ratification, Etc., Act. the Oompany and provide for the Oompany interstate and/or export killing chilling freezing and storage facilities as aforesaid shall be suspended during such period or periods (if any) as the Board shall be prevented from treating such cattle by force majeure war riots epidemic strikes lock-outs combination of workmen destruction of or damage to buildings machinery or plant storms tempest £lood fire acts of God inability to obtain machinery or material (not attributable to the acts or omissions of the Board) or causes beyond the control of the Board. 17. That any sum of money which shall be payable by the Oompany to the Board pursuant to Clause 14 hereof and which shaH remain unpaid by~ he Oompany after thirty days from the date of any demand in writing lJy the Board may be deducted by the Board from the amount of any of the debentures specified in Olause 6 hereof and which shall mature within a period of five years from the date of the issue thereof or from any interest which shall be payable in respect of the debentures so specified in Clause 6 during such period of five years. 18. Possession of the property shall be given by the Oompany to the Board on a date to be mutually agreed upon but not more than thirty days after the completion by the Oompany of such alterations additions and repairs as aforesaid and the completion of the saleyards aforesaid and thereupon 'the purchase shall be com- pleted and the Purchaser undertakes to procure that the Board shall issue to the Oompany the debentures as hereinbefore provided and the Oompany shall at the request and cost of the Board execute in favour of the Board and deliver the requisite transfers of the said property free from all encumbrances together with all relative deeds Oertificates of Title leases and instruments of title therefor, 19. The Oompany shall upon such completion deliver up to the Purchaser all buildings improvements machinery plant and things included in the sale in the like order and Icondition as the same now are fair wear and tear only excepted together with the additions and repairs thereto herein covenanted by the Oompany to be made PROVIDED that if the said buildings improvements machinery plant and things or any of them or any part or parts thereof shan be destroyed or damaged by fire before completion of the said purchase the Oompany shall be granted such extension of time for completion as may be mutually agreed upon and which will enable the Oompany to rebuild and/or reinstate the same but in the case of total destruction or of partial de'struction or damage of such a nature that in the opinion of the Oompany it would not be advisable to rebuild or reinstate the Oompany may at its option cancel this Contract, 20. The Oompany shall be at liberty to use the said property and the plant and equipment appertaining thereto for its own purposes and profit until the completion of the said purchase, The Company shall pay all rates taxes insurance premiums and all other assessments charges and outgoings and shall receive all rents and 13343
13344 STOCK. Abattoil'S A.greement Rntijication, Etc., Act. 21 GEO. V. No. 13 r profits in respect of the said property up to the date of the com- pletion of the sale and thereafter the same shall be paid and received by the Board. All such rates taxes premiums assessments charges outgoings rcnts and profits shall if necessary be apportioned at the date of the completion of the purchase and the amount payable by either party to the other in respect of such apportion- ment shall be paid in cash at the time of the completion of tLI:: purchase. 21. In case any qnestion difference or dispute shall arise between the Company and the Board as to the then current market value of any operating supplies or as to whether any work by this Agreement required to be performed to the satisfaction of the Company has been satisfactorily performed or concerning any clause or anything contained in this Agreement or as to the meaning or construction of this Agreement or of any matter or thing in any way connected with this Agreement or the rights duties or liabilities of either the Company or the Board in or under or in connection with this Agreement then and in every such case such question difference or dispute shall be referred to two arbitrators sitting in Brisbane one to be appointed by the Company and the other by the Board and in case of such arbitrators disagreeing then to an umpire to be chosen by the arbitrators before proceeding with. the con- sideration of the matters referred to them and the arbitrators or their umpire shall have power to determine the costs of the arbitration and award 'and by whom the same shall be borne and in case either party shall refuse or neglect to appoint an arbitrator within seven days after receiving written notice to this effect from the other party or shall appoint an arbitrator who shall be unable or unwilling to act then the arbitrator appointed by the other party shall proceed with the reference alone and these presents shall be deemed to be a submission to arbitration within the meaning of the "Interdict Act of 1867" or any statutory modification or re-enactment thereof for the time being in force. 22.. Nothing herein shall be deemed to impose any personal obligation or liability on the said THE HONOURABLE ARTHUR EDWARD lHOORE. 23. Except where otherwise provided by these presents time shall be the essence of' the Cont!'a1ct. IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first hereinbefore written.
1930. STOCK. Abattoirs Agreement Ratification, Etc., Act. 13345 SCHEDULES TO AGREEMENT. SCHEDULE A. The freehold lands hereafter described and all buildings improvements wharves railways machinery plant tools spare machinery parts general storeroom hardware horses waggons harness motor boat goods chattels and effects of the Company on or about the said lands or used by the Company in connection with the operations of the Company upon the said lands but excepting all operating supplies referred to in Clause 12. Certificate of Title No. Vol. Fol. I Description. Area. -- - ~ - - 15937 122 55436 ·373 105630 686 ll2836 726 112837 726 I 116108 1 742 122289 774 133499 133500 141446 142498 144362 164262 832 832 876 882 895 1001 164769 1003 217096 1268 217097 1268 D.G. 103171 1265 D.G. 103341 1275 A. R. P. 207 Subdivisions 17,18, and 19 of portion 8 I 0 92 176 I Subdivisions 14, 15, and 16 of portion 8 1 0 92 120 Subdivision 25 of portion 92 230 76 Resubdivision A of subdivisions 10 3 2 29! and II of portion 92 77 Resubdivision C of subdivisions 9 and 3 1 6£ 10 of portion 92 98 Subdivisions 12 and 13 of portion 92 5 2 0 29 Subdivisions 7 and 8 and resubdivision 9 o 17 C of subdivisions 9 and 10 of por- tion 91 239 Subdivisions 23 and 24 of portion 92 5 2 0 240 Subdivisions 21 and 22 of portion 92 5 2 0 186 Subdivision 2 of allotment 21 29 o 39 238 Subdivisions 26 to 30 of portion 92 .. 8 3 391- 102 Subdivision 1 of allotment 21 27 2 26 2 Resubdivisions 2 and 3 of subdivision 0 o 36, 8 lf 20 of portion 92 9 Resubdivision 1 of subdivision 20 of 2 2 3/ lf portion 92 86 Subdivision A of portion 93 62 2 36 87 Subdivision C of portion 93 17 3 20 181 I Portions 19,20, and 79, subdivisions 1 ll3 1 9 and 2 of portion 19A and sub- division 2 of portion 80 .. 101 Subdivisions 13 to 28 and resubdivi- 53 2 7 sions 365 to 369 and B of sub- division 12 and of resubdivision A of subdivision II of portion 91
SCHEDULE 1. -T ~ I Plan. ' r n ;i1 0 z ~ ~ ~ ~ ~ A 1 B 2 C 3 I I I Itemised Estimated Cost. Description. Item. _ - . . . . . : ~ ~ - ~ Total Cost. 1 . 0 ~ 0 ... ~ .8 .8 :s 1 00 00 ~ - -.- 1------- ~ - - ..- I £ £ £ £ Cleaning everything off the existing ground Demolition 41 226 267 floor of the Freezer Room, and converting New Walls 589 569 1,158 same into Meat Delivery Hall with walls Insulation 366 90 456 tiled with white glazed tiles throughout Tiling Walls of Hall 558 44 602 -and as per Drawing Partition 434 197 631 , A Cooling Battery also to be provided com- Air Locks 634 716 1,350 prising a motor-driven fan drawing air Awning 86 87 173 through expansion coils, and delivering Tracking in Holding-over Store 413 136 549 same to the Holding-ovcr Store I Tracking in Hall and Air Locks 1,165 568 1,733 l I l Cooling Battery, Fan and Air Ducts I Conversion of Second Floor Canning Build- "'1 ing into Beef and Mutton Freezer Store, by the addition of 4,100 ft. of 2-inch ex- Insulating Columns pansion piping; taking down existing Piping .. 1,398 616 639 360 1,758 237 I 853 327 966 8,677 piping and rehanging existing and new., Trucking Track piping; providing tracks for Beef Trucks, I Lighting .. J Insulation Columns, etc.-as per Drawing 30 69 I 99 55 75 1_-=30 2,048 I 1 I Conversion of Third Floor Canning Building 1 into a Sharp Freezer by the addition of Insulation, Partitions, and Lighting 2,486 1,1971 3,683 more expansion piping, providing and i-Tracking installing partitions, tracking, etc., and I Piping J providing charcoal insulation under floor -as per Drawing 945 •• I 1,438 I 361 1,306 446 1 1, 884 --- 6,873 ...... ~ * ~ g' ~ ~ . ~ 1 ~ 1 1 X -3 J ~ a ~ r 8 -~ . ~ ? ~ ~ to,:) ...... o ~ :<1 ~ ...... ~ ~
—as per Drawing D 4 and Demolition . . . . 10 Providing and installing Beef Floor Equip- Foundation Concrete 226 226 115 65 180 ment after all structural alterations and rSteelwork Materials 1,130 693 1,823 additions have been made. Ten stands Killing Floor . . . . . . 1,168 928 2,096 for cattle and six stands for calves; Erection of Timber Knocking Build- 1,053 526 1,579 structural alterations for converting the ing similar to existing present Sheep Killing Floor into a Beef Runway for Small Goods from new 193 97 290 and Calf Killing Floor, extending the Beef Killing Foor to existing annex present Sheep Killing Floor back to Hill, Lift Well and Machinery Stage . . 60 32 92 making the west side of this floor in line Installing Equipment Beef Floor .. 6,684 2,179 8,863 with the present Building Installing Equipment Calf Floor . . 914 395 1,309 L. Small Goods Lift Machinery . . 162 48 210 16,668 G 5, 10, 'Taking up brick surface of Boning and 7, 9, Room Floor, putting in a concrete and Fitting up Boning Room as per Drawing floor to level of adjoining Offal 15 after removing the existing brick floor Floor; building brick wall 72 ft. and laying a new concrete surface floor long x loft, high; insulation and to drain the surface water into the Sheep fitting up of Boning Room as per Offal Floor. Making alterations to present Drawing Hanging Room and laying out a new floor Getting Drains out of Canning Room surface to take new drains away. Clean- before they reach the refrigerated ing out the whole of the Boning Room space Outfit, removing brick floor and installing Taking brick surface off floor (present a watertight concrete surface floor. Pro- hanging room) putting in concrete viding and installing a Sheep and Pig Offal surface floor to take floor drain Treatment Outfit. Removing Machinery from north side of building; on Beef Offal Floor and rearranging same taking 20 ft. off each length of to include the installation of an extra existing expansion piping, and re- manure expeller unit and also three (3) jointing; alterations to Ammonia Casing Machines—as per Drawing Piping; taking down one (1) bay of tracking; building wall and cork insulating; providing in- sulated doors Forward . •• 647 241 888 164 161 325 688 304 992 • • 0,205 £34,266 AbattoirgAgreement Ratfii cation, Etc. , Act. C.0
SOHEDULE 1-continued. , . $ ~ al 0 EstIimtematiesdeCd ost. [I Plan.1 ~ Z Description. Item. ~ • 1 Total Cost ~ ~ . ~ ~ I '" ..8 . s~ A $ al al 'I ::e:: ...:I ~ ' ~ ~ I 1 I~ £ - - - £- I-£ - '- - £ 1 G 15,10, I continued: and 7,9, 1 E and 15 I Brought forward .. .. . I I I Cleaning rails, piping, conveyor: 733 . table, brick floor, etc., away from Boning Room, putting in concrete surface floor to take floor drains I to west end of building; installing 7th.p. motor to drive Sheep Head Splitter, etc.; overhauling and, I repairing Sheep Head Splitter, I Paunch Washer, Paunch and Guts; t Table, Head Table, etc. ; providing: two sets of Paunch and GIltsChute3 I . CleSahneienpgOouuttftihtefrwomholBeeoeff tOhfefaplrfelsoeonr;t 1,451 moving Machines Table and re- : 2,205 318 I 1,051 i i 601 I 2,052 i--- 34,266 5,30H 1 erection; providing one (1) new Manure Expeller, three (3) new I Casing Machines, Head Chutes, J Paunch Chutes, Guts Chutes,. Paunch Table and Condemned I Hopper F 16 8 and \ FifFtoltroinoSgrheCuepapnanpnirndegsPeinBgtuKiLlidalilbnienglgl,i,nwagsitpRheoroaDpmpr, aawFra.iintfugths, I I ' \ ' . - SPhigesep using some gear now on existing Sheep Floor, ) -. • 11,575 562 1 735 2,3lO 174 736 :1/)46 ~ 0- a 0- ~ . <i.> ~ <.;:, ""i ' ~ " ~ '" ~ ~ C> . a c "". ~ ~ ~ . ~ ..... Q i'j ? -1 ~ ...... i;;:) ...... i;;:) i;;:) ~ rn f-3 0 0 ~
F ~ f-' H I J 11 Erection of Sheep and Pig Race, approx. 200 l ft. long from hill alongside of Cattle Hold- ing Pens running along the side of the Slaughter Building, and entering into the Killing Floor (Fifth Floor of the present ! Concrete Canning Building) as shown on Drawing. 1- Structure .. Calculated on moving load of 1 ton per I Superstructure span of 18 ft. plus weight of Race; together with a Feeding Race of approxi- mately 140 ft. long and 3 ft. wide from I Sheep and Pig .Pens J 21 656 183 conveyor Units . . . . . . 534 J Smaller Conveyor, to run on Third Floor, and to discharge to wharf . deck, using a Conveyor and not 12 Installation of a Beef Loading Conveyor 3 ft. a Chute as shown on the Drawing '1 wide 250 ft. long (approx.) running through Beef Drop to feed from Third Floor i Second Floor Freezer Stone (north and Store on to Conveyor in Second south to end of Loading Runway) Store l conveyor to take beef from off Con- veyor Head in Vestibule on Second Floor, to deliver on Wharf Deck 13 Taking Local Beef Rail {rom Killing Floor I Airlock, 9-inch wall, insulating; 124 J r into No. 1 Chiller; providing Airlock. I equipment Also for Beef Drop to lower meat from Beef Drop; Structural alterations i Fifth Floor to the Meat Delivery Hall on and equipment Ground Floor 271 I 14 Removing everything off Fifth Floor Canning Building and re-erection on Sixth Labelling, Packing, and Preserving 234 Floor. Also to re-arrange Sixth Floor as , Room per Drawing / Forward 21 i 42 507 I 1,163 1291 __ ~12 ! 204 : 738 520 180 195 87 159. 211 430 767 : 1,001 1--- f-' " o ~ '" 1,517 1,633 64] ~ 0- ~ ~ ~ "'. ~ ~ ; '" § ; '" t ~ ~ c ~ "'. .;:5 ~ '" ~ ~ 1,001 £47,412 w o f-3 ~ I-' ~ ~ "'"
SCHEDULE l--oontinued. ~ ~ I 8 I . . . § c 2 p <! O . EstIitmematiesdeCd ost. Plan. ~ Z Desoription. Item. Total Cost. ~ ' i ~ l c<!il'< K 16 and 17 ~ ~ <!) 0 +> ,0 :: c ; < : ! ~ c<! -£--£-- r I, f StructuBrarloaulgtehrtatFioonrswaanrdd a.d. dition. s. l,i26 Equipment .. .. .. .. 2,016 343 60 £ 1,469 2,076 £ 47,412 l:t.. ... a 0- IS" ~ l:t.. i l Structural additions to Tank House (2 bays wide, 1 deep, and 3 floors and roof) with additional equipment; 5 Bone Cooking Tanks and 3 Fugals Supplying and installation of Dry Rendering Unit- 3 Melters with Motors 2 Expellers 2 Dump Boxes 1 Crusher with motor 18 Domestic Fats ., 19 Additional 200-ton Ice Machine 1l,000 ~ ( 00 8 . a .. 14,545 250 10,000 ~ ~ c .os 1-3 ~ 20 Additional Boiler, 4,220 sq. ft. Heating 5,500 t;I;j Surface ~ 21 Coal Bunker (1,500-ton capacity) 22 Fat Retarder .. : : I Enlarging large "Save-all" (between Slaughter House and Tank and Oil 4,000 407 l ~ :t.. House) by one compartment (5 ft.) along the whole length (25 ft.) and . ~ .... 12 ft. deep 23 General Office and Furniture 24 Road M 25 Calf, Pig, and Sheep Pens; the construction (Sheep Pens in timber, with G.I. Roof. (Adjacent to < Pig Pens Killing Floor) (Calf Pens .. ,1,053 619 311 432 1,485 245 864 70 381 6,000 3,500 2,730 o ~ ~ Z o ..... ~
0 26 I Subdivide Paddocks and erect Pens, as per Drawing; erecting fence3 where necessary and clearing railway and scrub paddocks, 5,033 I 656 5,689 5,689 < ... : . 0 .. ~ I ~ stumped suitable for yarding cattle; to include also the provision of water troughs, piping, gates, etc. 27 I Beef Trolley and Skids r On Boof Offal Floo,-8 New Wat", 100 52 152 Closets, and 1 (six divisions) Urinal 2,812 Freezers' Lavatory-Main Building 74 59 133 ~ West Side-8 New Water Closets; Cl"" l;:) 'I I in Dining Room 2 Tables, 4 28 I Extension of Toilet and Dining Room Accom- Forms; I Water Closet and Urinal §= ".,. ~ modation ' i for Office Staff I Tinshop-3 New Water Closets for: 30 18 48 'Q ~ .., I Females , Dining Rooms . . . . : l Clothes Lockers 27 33 60 197 7 204 ; ' '" " § rn ~ '" 0 8 29 I Layout of Grounds .. Grand Total , •• I 5917 500 ------- £103,942 ~ l;:) ~ a "" ".,. Cl ~ ---- - - - - - ~ ' C ; iJ l l:>;j ? ~ ; " + " - ...... ~ ~ C ..... l .
3352 STOCK. Abattoirs Agreement Ratification, Etc., Act. 21 GEO. V. No. 13, - ~ - . - ~ - - - - - - - - - - - -- - - - - ~ - - ~ - - - - - - - -~ - - - - - - - - - - - - - --- --- --~ -- SCHEDULE 2. REPAIRS TO BE COMPLETED BY SWIFT AUSTRALIAN COMPANY LIMITED (OUTSIDE CONVERSION). Estimated Cost. £ s. d. 1. Installing 29 Stands Ammonia Condenser 3,299 16 11 2. Installing two (2) New Ammonia Compressors on No. 2 Ice ~ achine at £400 each 800 0 0 3. Installing two (2) New Tankage Dump Vats at £123 each .. 246 0 0 4. Installing two (2) New 'Vater Jacketed Oleo Tiercing Tanks at £75 each 150 0 0 5. Installing New Oleo Chill Vats and Connections 483 0 0 Total £4,978 16 11 SCHEDULE 3. PARTICULARS OF DEBENTURES TO BE ISSUED FOR PURCHASE PRICE, £490,000- REPAYABLE 20 YEARS AT 5 PER CENT. 1st year 2nd year 3rd year 4th year 5th year 6th year 7th year 8th year 9th year lOth year 11th year 12th year 13th year 14th year 15th year 16th year 17th year 18th year 19th year 20th year Redemption. £ s. d. 14,896 0 0 15,631 0 0 16,403 17,213 18,064 18,957 19,896 ° ° ° ° 0 0 0 0 00 20,881 0 0 21,915 0 0 23,001 0 0 24,141 0 0 25,338 0 0 26,595 0 0 27,915 0 0 29,301 0 0 30,757 0 0 32,284 0 0 33,889 0 0 ° ° 35.574 0 37,349 0 ------ £490,000 0 0
1930. STOCK. Abattoirs Agreement Ratification, Etc., Act. 13353 SCHEDULE 4. PARTICULARS OF DEBENTURES TO BE ISSUED FOR COST OF SALEYARDS. £35,000-REPAYABLE 10 YEARS AT 6 PER CENT. 1st year 2nd year 3rd year 4th year 5th year 6th year 7th year 8th year 9th year 10th year SIGNED by the said THE HONOURABLE ARTHUR) EDWARD MOORE in the presence of . ~ Redemption. £ s. d. 2,680 0 0 2,841 0 0 3,Oll 0 0 3,192 0 0 3,384 0 0 3,587 0 0 3,802 0 0 4,030 0 0 4,272 0 0 4,201 0 0 ------ £35,000 0 0 ------ - ~ A. E. MOORE. E. LITTLER. .' THE COMMON SEAL of SWIFT AUSTRALIAN COMPANY'! LmITED was hereunto affixed by Ernest Francis I Edward Sunners Secretary of the Company and the Signatures of WallaceCharles Watkins ~ W. C. WATKINS. Managing Director and of the said Secretary were ~ hereunto subscribed in the presence of )' A. H. ROLF. Countersigned by me and I certify that the said Common Seal was hereunto affixed in pursuance of a resolution of the Directors. E. F. SUNNERS, Secretary. • __ -....tIIIML_
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