Agriculture Legislation (Amendment) Act 2001 (Vic)

Agriculture Legislation (Amendment) Act 2001

Act No. 53/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENT OF THE MEAT INDUSTRY ACT 1993 3

3.	Classes of exemptions by the Minister	3
4.	Suitability of persons to conduct audits of quality assurance
programs	3
5.	Decisions reviewable by the Victorian Civil and Administrative
Tribunal	3
6.	Repeal of ban on slaughter and sale of certain animal meat	4
7.	New section 46 substituted	4

PART 3—REPEAL OF SPENT ACTS 5

8.	Repeal of the Margarine (Repeal) Act 1994	5
9.	Repeal of the Quarantine Officers (Transfer) Act 1990	5
10.	Repeal of the Tobacco Leaf Industry (Deregulation) Act 1994	5

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ENDNOTES 6

i

Victoria

No. 53 of 2001

Agriculture Legislation (Amendment)

Act 2001†

[Assented to 2 October 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to amend the Meat Industry Act 1993—

(i) decisions of the Authority by the

to provide for review of further Tribunal;

Agriculture Legislation (Amendment) Act 2001

s. 2 Act No. 53/2001

(ii)  to limit the Minister's power of exemption to classes of licensees and classes of meat processing facilities;

(iii) restrictions on persons who may

to limit the Authority's power to impose programs;

(iv) for other minor purposes;

(b) to repeal the Margarine (Repeal) Act 1994;

(c)	to repeal the Quarantine Officers (Transfer) Act 1990;
(d)	to repeal the Tobacco Leaf Industry (Deregulation) Act 1994.

2. Commencement

(1) This Act (except section 6) comes into operation

on the day after the day on which this Act receives

the Royal Assent.

(2) Subject to sub-section (3), section 6 comes into

operation on a day to be proclaimed.

(3) If section 6 does not come into operation before

1 December 2002, it comes into operation on that

day.

_______________
Agriculture Legislation (Amendment) Act 2001

Act No. 53/2001 s. 3

PART 2—AMENDMENT OF THE MEAT INDUSTRY ACT

1993

3. Classes of exemptions by the Minister

See:

In section 5 of the Meat Industry Act 1993, for	Act No.
sub-section (2) substitute—	40/1993. Reprint No. 2
"(2) The Minister, by notice published in the	as at 1 January

Government Gazette—	1999. LawToday:
(a) may exempt a class of licensee from

any of the provisions of this Act; dpc.vic. gov.au

(b) may exempt a class of meat processing facility from this Act or from any provisions of this Act.".

4.  Suitability of persons to conduct audits of quality assurance programs

In section 12A(2) of the Meat Industry Act 1993,
for paragraph (d) substitute—

"(d) may impose restrictions relating to the

suitability of persons to conduct any required
audit; and".

5.  Decisions reviewable by the Victorian Civil and Administrative Tribunal

In section 24(1) of the Meat Industry Act

1993—

(a)	in paragraph (d), for "Part 5—" substitute "Part 5; or";
(b)	after paragraph (d) insert— "(e) refuse to approve a person or body to

be an approved inspection service; or

(f) impose or vary a restriction relating to the suitability of persons to conduct a

Agriculture Legislation (Amendment) Act 2001

s. 6	Act No. 53/2001
required audit of a quality assurance program of a declared facility—".

6.  Repeal of ban on slaughter and sale of certain animal meat

In section 35 of the Meat Industry Act 1993, sub-section (6) is repealed.

7. New section 46 substituted

For section 46 of the Meat Industry Act 1993
substitute—
"46. Accountability of Authority

(1) The Authority must exercise its powers and perform its functions under this Act subject to any specific written directions given by

the Minister in relation to a matter or class of

matters specified in the directions.

(2) Where the Authority has been given a

written direction under sub-section (1), the

Authority must publish that direction—

(a) in the Government Gazette; and

(b) in the Authority's next report of operations under Part 7 of the Financial Management Act 1994.".

_______________
Agriculture Legislation (Amendment) Act 2001

Act No. 53/2001 s. 8

PART 3—REPEAL OF SPENT ACTS

8. Repeal of the Margarine (Repeal) Act 1994

See:

The Margarine (Repeal) Act 1994 is repealed.	Act No. 64/1994.
LawToday:
dpc.vic. gov.au

9. Repeal of the Quarantine Officers (Transfer) Act 1990

See:

The Quarantine Officers (Transfer) Act 1990 is	Act No.
repealed.	27/1990. LawToday:
dpc.vic.
gov.au

10. Repeal of the Tobacco Leaf Industry (Deregulation) Act 1994

See:

The Tobacco Leaf Industry (Deregulation) Act	Act No.
1994 is repealed.	47/1994. LawToday:
dpc.vic.
gov.au

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Agriculture Legislation (Amendment) Act 2001

Endnotes Act No. 53/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 3 May 2001

Legislative Council: 18 September 2001

The long title for the Bill for this Act was "to amend the Meat Industry Act 1993, to repeal the Margarine (Repeal) Act 1994, the Quarantine Officers (Transfer) Act 1990 and the Tobacco Leaf Industry

(Deregulation) Act 1994 and for other purposes."