Acts Amendment (Western Australian Meat Industry Authority) Act 1984 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(WESTERN AUSTRALIAN

MEAT INDUSTRY

AUTHORITY).

No. 7 of 1984

AN ACT to amend section 18 of the Western Australian Meat Industry Authority Act 1976 and the Western Australian Meat Industry Authority Amendment Act 1982.

[Assented to 18 May 1984.]

RE it enacted by the Queen's Most Excellent

Majesty, 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.

(Western Australian Meat Industry Authority) Act

No. 7.] Acts Amendment (Western [1984.

Australian Meat Industry Authority.)

Commence-

ment. 2. This Act shall come into operation on such day or days as is or are respectively fixed by proclamation.

PART II-WESTERN AUSTRALIAN MEAT

INDUSTRY AUTHORITY ACT 1976.

Citation. 3.

(1) In this Part the Western Australian Meat (2) The principal Act as amended by this Act may be cited as the Western Australian Meat Industry Authority Act 1976-1984.

Act No. 75

of 1978.

Industry Authority Act 1976 is referred to as the

principal Act.

Section 18	4.	Section 18 of the principal Act is amended by
amended.

inserting

(a)	after the section designation "18." the following subsection designation
CC (1) ));
(b)	after "approval" where it first occurs the following-

" under section 17 "; and

(c) after the existing section the following subsections

ft

(2) The Authority may by notice in writing served on a person to whom an approval has been granted under section 17 vary, add to or delete any conditions or restrictions specified in the approval.

(3) Upon a variation, addition or deletion made under subsection (2) of this section taking effect, the condition or restriction

(a) as varied or added, shall be deemed to be; or

1984.] Acts Amendment (Western [No. 7.

Australian Meat Industry Authority.)

(b) as deleted, shall be deemed not

to be,

a condition or restriction imposed in

respect of the approval concerned.

(4) A variation, addition or dele- tion made under subsection (2) of this section shall take effect on and from a date specified in the notice referred to in that subsection, being a date not earlier than 7 days after the notice is served in accordance with that sub- section. ".

PART III-WESTERN AUSTRALIAN MEAT INDUSTRY

AUTHORITY AMENDMENT ACT 1982.

5. In this Part the Western Australian Meat AC icttaN t ioo n2

Industry Authority Amendment Act 1982 is referred "82:

to as the principal Act.

Section 5

6. Section 5 of the principal Act is amended— amended.

(a) by deleting the definition of "carcase" set out therein and substituting the following definitions-

" "carcase" means the body of a slaughtered animal or any portion of such a body;

"declared animal" means a kind of animal which is declared for the purposes of Part IVA under section 24B; ";

and

(b) by inserting after the definition of "package" set out therein the following definition-

" "Part" means a Part of this Act; ".

No. 7.] Acts Amendment (Western [1984.

Australian Meat Industry Authority.)

Section 8

amended. 7. Section 8 of the principal Act is amended

(a) in section 24B set out therein, by deleting subsection (1) and substituting the follow- ing subsection

If (1) After consultation with the

Authority, the Minister may, by notice

published in the Government Gazette

(a)	prescribe any kind of animal to be a prescribed animal; or
(b)	declare any kind of animal to be a declared animal,

for the purposes of this Part. ";

(b) by inserting, after section 24C set out therein, the following section-

Duties In	fI 24CA. Where characteristics have
respect of
declared

animals. been prescribed in relation to the branding of carcases of a declared animal the owner of an abattoir which is a prescribed abattoir in relation to that kind of animal shall ensure that no carcase of a declared animal slaughtered in that abattoir for human consumption in the State which does not possess the characteristics so prescribed

(a)	is branded in accordance with the requirements of the regulations applicable to the branding of carcases which possess the characteristics prescribed in relation to the branding of carcases of that kind of animal; and
(b)	except with the written permission of the Authority, is branded in any manner which describes or implies or

1984.] Acts Amendment (Western [No. 7.

Australian Meat Industry Authority.)

purports to describe or imply the definition of the meat of the carcase,

before the carcase is removed from the

abattoir.

Penalty: $2 000. ";

(c) in section 24D set out therein, by inserting after "prescribed animal" the following-

" or a declared animal ";

(d)	“(1),,;	in section 24E set out therein by deleting
(e)	by inserting, after section 24E set out therein, the following sections

CC

24EA. Where characteristics have inZersas of

been prescribed in relation to the gie=s

branding of carcases of a declared

animal a person who brings or causes

to be brought into the State the carcase

of that kind of animal which, having

been slaughtered outside the State, is

brought into the State for the purposes

of sale for human consumption in the

State shall ensure that no such

carcase

(a)	which does not possess the characteristics so prescribed is branded in accordance with the requirements of; and
(b)	except with the written permission of the Authority, is branded in any manner other than or in addition to the manner provided for in,

the regulations applicable to such carcases so brought into the State, before the sale of the carcase for human consumption in the State.

Penalty: $2 000.

No. 7.] Acts Amendment (Western [1984.

Australian Meat Industry Authority.)

Offence of

sale of	24EB. (1) Where a brand has been prescribed in relation to any kind of animal, a person shall not sell or offer for sale a carcase of that kind of animal
unbranded
carcases.

(a)	by reference to that brand or the name of that brand, if any; or
(b)	by a description which states or implies or purports to state or imply that the carcase possesses the characteristics prescribed in relation to the branding of carcases of that kind of animal,

unless the carcase is branded in accord- ance with the requirements of the regulations.

Penalty: $2 000.

(2) The Governor may from time to time by proclamation declare that sub- section (1) of this section does not apply to the area or areas of the State specified in the proclamation and may by subsequent proclamation vary or revoke any proclamation made under this subsection. "; and

(f) in section 24H set out therein by inserting after "prescribed animals" wherever it occurs, the following-

" or declared animals ".

Section 9

amended. 8. Section 9 of the principal Act is amended in

section 27 set out therein

(a) in each of paragraphs (c), (d) and (e) of subsection (1), by inserting after "pre- scribed animals" wherever it occurs the following-

" and declared animals ";

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

" (da) prescribing brands and the names

of brands; "; and

(c) by inserting after paragraph (g) the following paragraph-

" (ga) prescribing bases of description and definition and methods of measurement of carcases for the purpose of determining payment for carcases; ".