Acts Amendment (Meat Industry) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(MEAT INDUSTRY).

No. 107 of 1985.

AN ACT to amend the Marketing of Lamb Act 1971, the Abattoirs Act 1909 and the Parliamentary Commissioner Act 1971.

[Assented to 7 January 1986.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

(Meat Industry) Act 1985.

Commence-

2. The provisions of this Act shall come into

operation on such day or days as is or are respectively

fixed by proclamation.

ment.

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PART II-MARKETING OF LAMB ACT 1971.

Principal Act, 3. In this Part the Marketing of Lamb Act 1971

At No. 81

01 197/ as

amended by

is referred to as the principal Act.

Acts Nos. 55

of 1977. 78

of 1981, and

73 of 1983.

Long title

amended.

4. The long title to the principal Act is

amended

(a)	by deleting "Lamb Marketing Board" and substituting the following-

" Meat Marketing Corporation "; and

(b) by inserting after "lamb" the following-

" and other meat and livestock and

products derived therefrom ".

Section 1

amended.

5. Section 1 of the principal Act is amended by

deleting "Lamb" and substituting the following-

" Meat ".

Section 3

repealed.	6. Section 3 of the principal Act is repealed.
Section 4
amended.	7. Section 4 of the principal Act is amended—

(a) in subsection (1)—

by inserting the following definitions in their appropriate alphabetical positions

"Corporation" means the Western Australian Meat Marketing. Corporation est- ablished by section 5;

"lamb producer" means a person

who is engaged in the busi-

ness of raising and finishing

lambs for sale;

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"livestock" means livestock of the bovine, caprine, equine, ovine (other than lamb) or porcine species;

"meat" means the flesh of any livestock when killed which is intended to be used for human consumption, whether fresh or subjected to chilling, freezing, pre- serving, salting, or any other process of manufacture or preservation;

"meat product" includes offal intended for human con- sumption obtained from any livestock or any carcass, hide or skin or any part thereof so obtained; ";

and

(ii)	by deleting the definitions of "producer" and "the Board";

(b)	in subsection (2), by inserting after "is not a" the following-

" lamb "; and

(c)	by inserting after subsection (2) the follow- ing subsection

(3) Nothing in subsection (1) shall preclude the Corporation from dispos- ing of any lamb, or other meat or any edible offal for a purpose other than for human consumption. ".

Heading to

S. Part II of the principal Act is amended in the

Part II

amended.

heading by deleting "LAMB MARKETING BOARD"

and substituting the following-

" MEAT MARKETING CORPORATION ".

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Section 5

amended.

9. Section 5 of the principal Act is amended in subsection (1)—

(a)	by deleting "a Board" and substituting the following-

" a Corporation "; and

(b)	by deleting "Lamb Marketing Board" and substituting the following-

" Meat Marketing Corporation ".

Section 7

amended.

10. Section 7 of the principal Act is amended

(a)	by repealing subsection (1) and substitut- ing the following-

(1) The Corporation shall consist of 9 members, of whom

(a)	one member shall, on the nomination of the Minister, be appointed by the Governor as chairman;
(b)	2 members shall be lamb producers elected by prescribed lamb producers and appointed by the Governor;
(c)	5 members shall be appointed by the Governor on the nomination of the Minister made in accordance with subsection (lb); and
(d)	one member shall, ex officio, be the person who is for the time being holding or acting in

the office of manager.

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(la) For the purposes of subsection (1) (a), the Minister shall nominate as chairman a person who, in his opinion, has commercial experience.

(lb) For the purposes of subsection (1) (c) the Minister shall nominate as a member

(a)	a person to represent pro- ducers of livestock other than lamb;
(b)	to represent consumers, a person who, in the opinion of the Minister, has appropriate economic expertise;
(c)	a person who, in the opinion of the Minister, is an expert in commerce;
(d)	a person who, in the opinion of the Minister, is an expert in marketing; and
(e)	a person to represent the Government.

(b)	by repealing subsections (3), (4), (5), (6) and (7) and substituting the following subsections

(3) Each election for the purposes of

subsection (1) (a) shall be held and

conducted in such manner and at such

time as is prescribed.

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The Corporation shall pay out of moneys derived from its operations relating to lamb and lamb products the expenses incurred in connection with the election of an elective member.

(4)

(5) Except as otherwise provided by this Act a member other than the manager shall hold office for such term, being not more than 3 years, as is specified in the instrument of his appointment. ";

(i) in paragraph (a), by inserting after "ceases to be a" the following-

" lamb "; and

(ii) by deleting paragraphs (b) and (c) and substituting the following

(b)	without the approval of the Minister, he is absent from 3 consecutive meetings of the Corporation of which he had notice. ";

(d) by repealing subsection (13); and

(e) in subsection (15) by deleting "or deputy"

in each place where it appears.

Section 9

amended.

11. Section 9 of the principal Act is amended in subsection (2) by deleting "in each month" and substituting the following-

" in at least 10 months in each calendar

year ".

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Section 10

12. Section 10 of the principal Act is amended

amended.

(a)	in subsection (1), by deleting "three" and substituting the following

CC	*If ;*

(b)	in subsection (2), by deleting "or his deputy";
(c)	in subsection (3) by deleting "or his deputy is" and substituting the following-

" and the member nominated under section 7 (la) (e) to represent the Government are "; and

(d)	by repealing subsections (4) and (5) and substituting the following

(4) At a meeting of the Corporation, the chairman or other member presiding does not have a delibera- tive vote but, in the case of an equality of votes, has a casting vote. ".

13.

repealing subsection (2) and substituting the

following

Section 11 of the principal Act is amended by =ae,11

(2) A function performed by a delegate under subsection (1) shall be deemed to have been performed by the Corporation. ".

14. and the following section is substituted—	Section 13 of the principal Act is repealed Se	e ction land
substituted.

13. A member is not personally liable for grgeen.

any act done in good faith by the Corporation

or by him acting as a member. ".

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Section 14

amended.

15. Section 14 of the principal Act is amended

(a) in subsection (1), by deleting "the Minister approves as" and substituting the following

it considers ";

(b) in subsection (3)-

(i)	by deleting "Minister" and substitut- ing the following-

" Corporation "; and

(ii)	by deleting "Arbitration Act, 1912" and substituting the following-

" Relations Act 1979 "; and

(c) in subsection (4) by deleting ", 1904 or of the Government Employees (Promotions Appeal Board) Act, 1945" and substituting the following-

" 1978 ".

Sections 14A

and 143

16. After section 14 of the principal Act the

inserted.

following sections are inserted-

Functions of

Corporation.

14A. (1) The functions of the Corporation

are-

(a)	in respect of lamb, to operate the scheme provided for in Part III for the acquisition and marketing thereof; and
(b)	in respect of all other forms of livestock, meat and meat products, to trade in and market the same, both in the State and elsewhere, in such

manner as it thinks fit.

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(2) The Corporation shall perform its functions under each of paragraphs (a) and (b) of subsection (1) in such manner as to ensure that, taking one year with another, its revenue under that paragraph is at least sufficient to meet its expenditure under that paragraph properly chargeable to revenue.

(3) Any surplus moneys, as determined by the Corporation, derived from its operations under subsection (1) (b) may be expended for such purposes, not inconsistent with this Act, relating to the marketing of livestock, meat or meat products as the Corporation may determine.

14B. (1) The Corporation shall, so far as is aegrgons

practicable, cause all financial transactions gi`f!trgg°11018

relating to lamb and lamb products, and rev to be

assets derived therefrom including those separate.

referred to in subsection (3), to be kept

separate from those relating to other live-

stock, meat and meat products and, shall

keep its accounts and records accordingly.

(2) The Corporation shall, in such manner as it considers appropriate, apportion between

(a)	its operations relating to lamb and lamb products; and
(b)	its operations relating to other live- stock, meat and meat products,

any expenditure or liability incurred or moneys or other benefit received which does not relate exclusively to one of such operations.

(3) If the commencement of the financial year of the Corporation does not coincide with the day on which section 16 of the Acts Amendment (Meat Industry) Act 1985 comes into operation, the Corporation shall, for the

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purposes of this section, cause a statement of the assets of the Corporation to be prepared as at that day, together with such other financial statements as it considers appropriate.

If any asset which is derived solely from the operations referred to in a paragraph of subsection (2) is employed wholly or partly for the benefit of the operations referred to in the other paragraph of that subsection, the Corporation shall make an appropriate charge therefor for the credit of the opera- tions from which the asset is derived.

(4)

(5) In subsection (2) "expenditure" includes the costs of administration, provi- sion for reserves, depreciation and the repay- ment of loans. ".

Section 15

17.

Section 15 of the principal Act is amended in subsection (1) by deleting paragraphs (e) and

amended.

(f)	and substituting the following paragraphs

CI (e) carry out, or arrange for the carrying

out of, the slaughtering, receiving, hold- ing, treating, handling, classifying, storing, chilling, processing, packing, or selling of any lamb or lamb product, or other livestock, meat or meat product;

establish and maintain premises, machin-

(f)	ery, plant and equipment; ".

Section 16

amended.

18.

Section 16 of the principal Act is amended

(a)	by repealing subsection (3) and substitut- ing the following-

Cf (3) The Corporation may limit and

regulate the number of lambs to be delivered to it in a particular period, either generally throughout the State or in any area or areas, whenever it is of the opinion that it is desirable to

do so. ";

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(b)	by repealing subsection (4) and substitut- ing the following subsection

(4) During any period when any limitation or regulation under subsec- tion (3) applies throughout the State or in a particular area, the Corpora- tion is not obliged to accept delivery of any lambs throughout the State or within that area, as the case may be, except from a person who-

(a)	having applied in the manner directed by the Corporation for the approval of the Corpora- tion for the delivery of lambs to the Corporation during that period, has been granted approval for the delivery to the Corporation of a number of lambs during that period; and
(b)	delivers lambs not exceeding the number specified in the approval of the Corporation at a time and place specified by the Corporation. "; and

(c)	in subsection (9) by inserting after "delivered by" the following-

" lamb ".

Section 20

19.

paragraph (a) by deleting "owner" and substituting

the following-

Section 20 of the principal Act is amended in

amended.

" lamb producer ".

Section 21A

20.

Section 21A of the principal Act is amended—

amended.

(a) in subsection (1)-

(i) in paragraph (a), by deleting "or";

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(ii) in paragraph (b) by deleting the comma and substituting the following-

" ; or ";

(iii) by inserting after paragraph (b) the following paragraph-

" (ba) considers that it would be expedient having regard to market conditions to sell any lambs live, "; and

(iv) in paragraph (d) by deleting "with the approval, in writing, of the Minister., "; and

(b) by repealing subsections (2) and (3).

Section 22

amended.

21. Section 22 of the principal Act is amended

(a)	by repealing subsections (3) and (4) and substituting the following subsection

i f	(3) The Corporation shall deduct from the proceeds of sale of lamb and lamb products or, as the case may be, from payments made by the Corporation

(a)	all expenditure in connection with the marketing of lamb and lamb products, including the holding, slaughtering, treatment, handling, storing, chilling, processing, packing, carriage, and insurance of lamb and lamb products-

(i) solely incurred, or estimated to be solely incurred, in carrying out its operations relat- ing to lamb and lamb

products; or

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(ii) apportioned or charged to those operations under section 14B;

(b)	all other expenditure (includ- ing expenditure referred to in section 14B (5) )—

(i) solely incurred, or estimated to be solely incurred, in carrying out its operations relat- ing to lamb and lamb products; or

(ii) apportioned or charged to those operations under section 14B; and

any sums payable by way of

(c)	penalty for non-delivery imposed pursuant to sub- section (7). "; and

(b) by repealing subsection (9) and substituting the following subsection

(9) Where the Corporation so determines, any surplus moneys in the hands of the Corporation derived from the operations of the Corporation relating to lamb and lamb products during the immediately preceding fin- ancial year may be rateably distributed amongst lamb producers who have delivered lambs to the Corporation, but in so determining the Corporation shall have regard to the need to meet prior deficits and to maintain proper reserves in respect of its operations relating to lamb and lamb products. ".

22. Part IV of the principal Act is repealed.	Part IV
repealed.

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Section. 27

amended.

23. Section 27 of the principal Act is amended in subsection (1) by inserting, after "shall" the following-

" , in accordance with section 143, ".

Section 28

repealed and

24. Section 28 of the principal Act is repealed

substituted.

and the following section is substituted

Expenditure

of	28. Subject to this Act, all expenditure of

Corporation.	the Corporation shall be a charge on the funds derived from the performance of its functions. ".
Section 32

added.

25. The principal Act is amended by adding at

the end the following section

Review of	CI 32. (1) The Minister shall carry out a
Act.

review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from the commence- ment of section 25 of the Acts Amendment (Meat Industry) Act 1985, and in the course of that review the Minister shall consider and have regard to

(a)	the effectiveness of the operations of the Corporation;
(b)	the need for the continuation of the functions of the Corporation; and
(c)	such other matters as appear to him to be relevant to the operation and effectiveness of this Act.

(2) The Minister shall prepare a report

based on his review made under subsection (1) and shall, as soon as is practicable after the preparation thereof, cause the report to

be laid before each House of Parliament. ".

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References

26. The principal Act is amended by deleting

to Board

"Board" wherever it appears in the provisions

amended.

ref erred to in the Schedule to this section and sub-

stituting the following-

" Corporation ".

SCHEDULE.

The definitions of "chairman", "lamb product", "manager" and "member" in section 4 (1).

Section 4 (2).

Section 5 (2) and (3).

Section 6.

Section 7 (14) and (15).

Section 8.

Section 9.

Section 10 (1), (2), (3) and (6).

Section 11 (1).

Section 14 (1), (2), (4) and (5).

Section 15.

Section 16 (1), (2), (3a), (3b), (5), (6), (7), (8) and (9).

Section 17.

Section 18.

Section 19 (1).

Section 21.

Section 21A (1).

Section 22.

Section 26 (1) and (2).

Section 27.

Section 29.

Section 30.

Section 31.

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PART III—ABATTOIRS ACT 1909.

Principal Act, 27. In this Part the Abattoirs Act 1909 is referred

ll: n

ro edd as to as the principal Act.

6 September

amended by

1976 and

and 80 of

Acts Nos. 57

1978 and

68 of 1981.

Long title amended.

28. The long title to the principal Act is

amended

(a)	by inserting after "Abattoirs," the following-

" and "; and

(b)	by deleting "undertakings and trading concerns dealing in livestock, meat and meat products,".

Section 12

amended.

29. Section 12 of the principal Act is amended

(a)	by repealing subsection (2) and substitut- ing the following subsection

(2) The Commission shall consist of 5 members, of whom

(a)	4 members shall be appointed by the Governor on the nomin- ation of the Minister made in accordance with subsection (2a); and
(b)	one member shall, ex officio, be the person who is for the time being holding or acting in the office of General Manager and Chief Executive Officer.

(2a) For the purposes of subsection (2) (a) the Minister shall nominate

(a)	a person to represent pro- ducers of livestock;
(b)	a person who, in the opinion of the Minister, is an expert in

commerce;

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(c)	a person who, in the opinion of the Minister, is an expert in industrial relations; and
(d)	a person to represent the Government. ";

(b)	by repealing subsection (3) and substitut- ing the following subsection

it (3) The Governor shall appoint one

of the appointed members of the Com- mission to be Chairman of the Commis- sion, and the member so appointed holds office as Chairman, unless he sooner resigns as Chairman, until the cessation of the term of his office as member that is current when he became Chairman, but he may be re-appointed as Chairman. ";

(c)	in subsection (5), by deleting "a member" and substituting the following-

" an appointed member ";

(d)	in subsection (6) by inserting before "member" the following-

" an appointed ";

(e)	in subsection (7) by inserting after para- graph (a) the following paragraph-

I< (aa) The Governor may appoint

another officer of the Commission to be the deputy of the General Manager and Chief Executive Officer in his capacity as a member. ";

(f)	in subsection (10), by inserting before "members" the following-

" appointed ";

(g)	in subsection (11), in paragraph (a), by deleting "Five of the" and substituting the following-

" Three of the appointed "; and

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(h)	in subsection (12), by deleting paragraph (b) and substituting the following paragraph-

" (b) The General Manager and Chief Executive Officer or his deputy is not entitled to vote on any ques- tion arising at a meeting of the Commission, and an appointed member is entitled to one vote only. ".

Section 13

amended.

30. Section 13 of the principal Act is amended by inserting after subsection (3) the following subsection

.14

(4) This section does not apply to any contract or agreement relating to the employ- ment of the General Manager and Chief Executive Officer. ".

Section 15

amended.

31. Section 15 of the principal Act is amended

(a)	in subsection (2) (b), by deleting paragraph (vii); and
(b)	by inserting after subsection (4) the following subsections

(5) Notwithstanding anything in this section, the Commission shall not engage in trade in meat, meat products or livestock, other than products described in subsection (6).

(6) The Commission may engage in trade in tallow, meatmeal, bloodmeal or any other meat product, not intended for human consumption, that is normally sold as part of the opera- tions of an abattoir. ".

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32. The principal Act is amended by adding at 2=137

the end the following section-

11 37. (1) The Minister shall carry out a

Review of Act.

review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from the commence- ment of section 32 of the Acts Amendment (Meat Industry) Act 1985, and in the course of that review the Minister shall consider and have regard to

(a)	the effectiveness of the operations of the Commission;
(b)	the need for the continuation of the functions of the Commission; and
(c)	such other matters as appear to him to be relevant to the operation and effectiveness of this Act.

(2) The Minister shall prepare a report

based on his review made under subsection (1) and shall, as soon as is practicable after the preparation thereof, cause the report to be laid before each House of Parliament. ".

PART IV-PARLIAMENTARY COMMISSIONER

ACT 1971.

Schedule

33. The Schedule to the Parliamentary Commis-

amended.

sioner Act 1971 is amended by inserting after the	Reprinted as
approved
item relating to the Western Australian Institute of	and
19 July 1983
Technology the following-	amended by
Act No. 124
01 1984.

" Western Australian Meat Marketing Corpo-

ration established under the Marketing of

Meat Act 1971. ".

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PART V—TRANSITIONAL.

Division 1.—Preliminary.

Definitions.

34. In this Part

"appointed day" means the first day on which both sections 16 and 31 of this Act have come into operation;

"Commission" means the Western Australian Meat Commission established by section 12 of the Abattoirs Act 1909;

"Corporation" means the Western Australian

Meat Marketing Corporation established by

section 5 of the Marketing of Meat Act 1971;

"meat marketing operations of the Commis- sion" means the operations of the Com- mission relating to trading in meat, meat products and livestock, other than meat products referred to in section 15 (6) of the Abattoirs Act 1909.

Interpreta-

tion Act	35. Nothing in this Part shall be construed so as
1984 not

affected.

to limit the operation of the Interpretation Act 1984.

Division 2.—Transfer of certain functions.

Purpose

The purpose of this Division is to enable effect to be given to a scheme whereby, in accordance with amendments made by sections 16 and 31 of this Act, the meat marketing operations of the Commission are, on the appointed day, to be transferred to the Corporation.

of this

36.

Division.

Construction

of certain

37. Subject to this Division, in any written law and in any agreement, whether in writing or not, and in every deed or other instrument, unless the context is such that it would be incorrect or inappropriate, a reference to the Commission in relation to the meat marketing operations of the Commission shall as from the appointed day be read

references to

Commission.

as a reference to the Corporation.

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make such Minister

38. The Minister may, by order,

may make

further

provision as he considers expedient

transitional Provisions.

(a)	for the devolution of property of any kind, rights, obligations and liabilities relating exclusively to the meat marketing operations of the Commission;
(b)	for the continuation or completion by the Corporation of anything lawfully com- menced by the Commission relating to those operations; or
(c)	otherwise of a saving, transitional or supplementary nature,

where he is of the opinion that it is necessary or expedient to do so in order to give effect to the purpose of this Division.

39. Notwithstanding sections 36, 37 and 38, if at proceedings.

the appointed day legal proceedings relating to or arising out of the marketing operations of the Commission are pending the Commission shall continue as a party to those proceedings as if this Act had not been passed.

Division 3.—Provisions relating to Part II.

40. In this Division "the principal Act" means

Definition.

the Marketing of Lamb Act 1971.

41. In any written law and in any agreement,

Construction

of references

to Western

whether in writing or not, and in every deed or	Australian
other instrument, unless the context is such that it	MarketingLamb
would be incorrect or inappropriate, a reference to	Board.
the Western Australian Lamb Marketing Board, as from the commencement of section 9, shall be

read as a reference to the Corporation.

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Membership.

42. (1) The term of office of

(a)	the member holding office under section 7 (1) (b); and
(b)	the chairman holding office under section 7 (1) (c),

of the principal Act immediately before the commencement of section 10 of this Act shall expire on such commencement

(2) Where the term of office of a member holding office under section 7 (1) (a) of the principal Act immediately before the commencement of section 10 of this Act

(a)	expires before 30 June 1987, the Governor may extend his term of office until that date; or
(b)	expires after 30 June 1987 but before 30 June 1988, the Governor may extend his term of office until the latter date,

but otherwise section 7 of the principal Act shall continue to apply to the member in all respects.

Division 4.—Provision relating to Part III.

Membership.

43. The persons holding office as members of the Commission immediately before the commence- ment of section 29 cease to be members on such commencement.