Australian Meat and Live-stock Corporation Act 1977 (Cth)
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 [Note: This Act is "repealed" by Act No. 69 of 1995]
(#DATE 30:06:1993)
(#DATE 30:06:1993)
Compilation Information - Reprinted as at 30 June 1993
*1* The Australian Meat and Live-stock Corporation Act 1977 as shown in this reprint comprises Act No. 67, 1977 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application,
Number and of Assent commencement saving or
year transitional
provisions
Australian Meat and Live-stock Corporation Act 1977
67, 1977 16 June 1977 Ss. 1, 2, 4-6,
17-22, 41-43 and
52: Royal Assent
Remainder: 1 Dec
1977 (see Gazette
1977, No. G47,
p. 2)
Administrative Changes (Consequential Provisions) Act 1978
36, 1978 12 June 1978 12 June 1978 S. 8
Australian Meat and Live-stock Corporation Amendment Act 1979
76, 1979 25 June 1979 1 July 1979 -
Australian Meat and Live-stock Corporation Amendment Act 1980
167, 1980 10 Dec 1980 Ss. 1, 2, 4-6, 8, Ss. 4 (2), (3),
10, 11 and 13: 5 (2), 6 (2),
Royal Assent (3), 7 (2), (3)
Remainder: 1 May and 10 (2)
1981 (see Gazette
1981, No. S77)
Statute Law Revision Act 1981
61, 1981 12 June 1981 S. 115: Royal -
Assent (a)
Australian Meat and Live-stock Corporation Amendment Act 1981
150, 1981 26 Oct 1981 26 Oct 1981 -
Australian Meat and Live-stock Corporation Amendment Act 1982
46, 1982 9 June 1982 31 Oct 1983 (see Ss. 9 (2) and
Gazette 1983, 12 (2)
No. S261)
Export Control (Miscellaneous Amendments) Act 1982
48, 1982 9 June 1982 1 Jan 1983 (see -
s. 2 and Gazette,
1982, No. G48,
p. 2)
Australian Meat and Live-stock Corporation Amendment Act 1984
57, 1984 25 June 1984 Ss. 1 and 2: Royal Ss. 6 (2), 8
Assent (2) and 11 (2)
Remainder: 6 July
1984 (see Gazette
1984, No. S262)
Australian Meat and Live-stock Legislation (Consequential
Amendments and Transitional Provisions) Act 1985
13, 1985 7 May 1985 Ss. 1-3, 5-8, 13 S. 2 (4)
(1), 15 (1), 18-20,
21 (1) and 22-32:
Royal Assent
Ss. 4 (2), 9-12, 13
(2), 14 and 15 (2):
24 June 1985 (see
Gazette 1985, No.
S225)
Remainder: 1 July
1985 (see s. 2 (3)
and Gazette 1985,
No. S245)
Australian Meat and Live-stock Corporation Amendment Act 1986
77, 1986 24 June 1986 24 June 1986 -
Australian Meat and Live-stock Industry Legislation
Amendment Act 1987
155, 1987 26 Dec 1987 Ss. 11-15 and S. 27
31-35: 1 Mar 1988
(see Gazette
1988, No. S54)
Remainder: Royal
Assent
Primary Industries (Recovery of Levy Collection Expenses)
Act 1988
51, 1988 15 June 1988 15 June 1988 S. 2 (2)-(4)
Statutory Instruments (Tabling and Disallowance) Legislation
Amendment Act 1988
99, 1988 2 Dec 1988 2 Dec 1988 -
Primary Industries and Energy Legislation Amendment Act 1988
111, 1988 12 Dec 1988 Ss. 5, 6 (2) and S. 2 (3)
8-15: 1 Jan 1989
Ss. 6 (1) and 7: 1
Dec 1988
Remainder: Royal
Assent
Primary Industries and Energy Legislation Amendment Act 1989
88, 1989 27 June 1989 S. 4 (1): 1 July -
1989
Remainder: Royal
Assent
Australian Meat and Live-stock Corporation Amendment Act 1990
113, 1990 21 Dec 1990 S. 8: 1 Jan 199 -
Remainder: 28 Dec
1990 (see s. 2 (1))
Cattle Industry Legislation (Consequential Provisions) Act
1990
139, 1990 28 Dec 1990 1 Feb 1991 (see -
s. 2 and Gazette
1991, No. S11)
Primary Industries Levies and Charges Collection
(Consequential Provisions) Act 1991
26, 1991 1 Mar 1991 1 July 1991 (see S. 5
s. 2)
Primary Industries Legislation Amendment Act 1991
39, 1991 27 Mar 1991 Ss. 3 (1), 4 and -
Part 1 of the
Schedule: 1 July
1991
Remainder: Royal
Assent
Primary Industries and Energy Legislation Amendment Act (No.
2) 1992
59, 1992 22 June 1992 22 June 1992 -
Corporate Law Reform Act 1992
210, 1992 24 Dec 1992 S. 125: 23 June -
1993 (see Gazette
1993, No. S186)
(b)
(a) The Australian Meat and Live-stock Corporation Act 1977 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent."
(b) The Australian Meat and Live-stock Corporation Act 1977 was amended by section 125 only of the Corporate Law Reform Act 1992, subsection 2 (3) of which provides as follows:
"(3) Subject to subsection (4), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 36, 1978; No. 155, 1987
S. 4 am. No. 46, 1982
S. 5 am. No. 167, 1980; No. 46, 1982; No. 57,
1984; No. 13, 1985; No. 77, 1986;
No. 155, 1987; No. 139, 1990; No. 39, 1991
Ss. 5A, 5B ad. No. 46, 1982
Heading to Div. 1 ad. No. 46, 1982
of Part II
S. 7 am. No. 46, 1982; No. 57, 1984; No. 13,
1985; No. 139, 1990
S. 8 am. No. 57, 1984; No. 77, 1986;
No. 155, 1987
S. 9 am. No. 46, 1982; No. 57, 1984
S. 10 am. No. 167, 1980
rep. No. 46, 1982
ad. No. 57, 1984
am. No. 155, 1987
S. 11 am. No. 167, 1980
rep. No. 46, 1982
Ss. 12, 13 rep. No. 46, 1982
S. 14 rs. No. 167, 1980
rep. No. 46, 1982
S. 15 am. No. 13, 1985; No. 77, 1986
Div. 2 of Part II ad. No. 46, 1982
(ss. 16A-16U)
Ss. 16A, 16B ad. No. 46, 1982
S. 16C ad. No. 46, 1982
am. No. 57, 1984
Ss. 16D, 16E ad. No. 46, 1982
S. 16F ad. No. 46, 1982
am. No. 210, 1992
S. 16G ad. No. 46, 1982
S. 16H ad. No. 46, 1982
am. No. 77, 1986
S. 16J ad. No. 46, 1982
am. No. 57, 1984; No. 77, 1986;
No. 155, 1987
rep. No. 113, 1990
S. 16K ad. No. 46, 1982
am. No. 88, 1989
S. 16L ad. No. 46, 1982
am. No. 57, 1984; No. 155, 1987;
No. 113, 1990
S. 16M ad. No. 46, 1982
am. No. 13, 1985; No. 99, 1988
Ss. 16N, 16P ad. No. 46, 1982
S. 16Q ad. No. 46, 1982
am. No. 57, 1984
Ss. 16R-16U ad. No. 46, 1982
Div. 3 of Part II ad. No. 113, 1990
(ss. 16V-16Z,
16ZA-16ZD)
Ss. 16V-16Z, ad. No. 113, 1990
16ZA-16ZD
S. 17 am. No. 61, 1981
S. 18 am. No. 167, 1980; No. 57, 1984
Ss. 19, 20 am. No. 167, 1980
rep. No. 57, 1984
S. 21 rep. No. 57, 1984
S. 22 am. No. 167, 1980; No. 57, 1984;
No. 155, 1987
S. 23 am. No. 57, 1984
S. 25 am. No. 167, 1980; No. 57, 1984
S. 26 am. No. 167, 1980; No. 57, 1984;
No. 13, 1985
Ss. 27, 28 am. No. 57, 1984
S. 29 rs. No. 167, 1980
am. No. 57, 1984
S. 30 am. No. 167, 1980; No. 57, 1984
Part IIIA (ss. 30A-30M) ad. No. 57, 1984
S. 30A ad. No. 57, 1984
S. 30B ad. No. 57, 1984
am. No. 13, 1985; No. 77, 1986; No. 155,
1987; No. 139, 1990
S. 30BA ad. No. 139, 1990
S. 30C ad. No. 57, 1984
am. No. 13, 1985; No. 77, 1986;
No. 155, 1987; No. 139, 1990
S. 30D ad. No. 57, 1984
am. No. 13, 1985; No. 77, 1986;
No. 155, 1987; No. 88, 1989;
No. 139, 1990
S. 30E ad. No. 57, 1984
am. No. 13, 1985; No. 77, 1986;
No. 155, 1987
S. 30F ad. No. 57, 1984
am. No. 13, 1985; No. 139, 1990
S. 30G ad. No. 57, 1984
am. No. 13, 1985; No. 155, 1987;
No. 139, 1990
S. 30H ad. No. 57, 1984
am. No. 13, 1985; No. 139, 1990
S. 30J ad. No. 57, 1984
am. No. 13, 1985; No. 139, 1990;
No. 39, 1991
S. 30K ad. No. 57, 1984
S. 30L ad. No. 57, 1984
rs. No. 13, 1985
am. No. 139, 1990; No. 39, 1991
S. 30LA ad. No. 13, 1985
am. No. 39, 1991
S. 30M ad. No. 57, 1984
Heading to Part IIIB rs. No. 155, 1987
Heading to Div. 1 of rs. No. 155, 1987
Part IIIB
Part IIIB (ss. 30N-30U) ad. No. 57, 1984
S. 30N ad. No. 57, 1984
rs. No. 155, 1987
am. No. 113, 1990
Ss. 30P-30R ad. No. 57, 1984
am. No. 155, 1987
S. 30S ad. No. 57, 1984
rep. No. 155, 1987
S. 30T ad. No. 57, 1984
rs. No. 155, 1987
S. 30U ad. No. 57, 1984
am. No. 155, 1987
Div. 3 of Part IIIB ad. No. 77, 1986
(s. 30UA)
S. 30UA ad. No. 77, 1986
Div. 1 of Part IV ad. No. 57, 1984
(ss. 30V-30Y)
Ss. 30V-30Y ad. No. 57, 1984
Heading to Div. 2 of ad. No. 57, 1984
Part IV
S. 31 am. No. 77, 1986
Div. 3 of Part IV ad. No. 155, 1987
(ss. 33, 33A, 33B)
S. 33 rep. No. 13, 1985
ad. No. 155, 1987
Ss. 33A, 33B ad. No.155, 1987
S. 34 am. No. 76, 1979; No. 139, 1990;
No. 26, 1991
S. 34A ad. No. 139, 1990
S. 35 rs. No. 57, 1984
am. No. 77, 1986
S. 36 am. No. 77, 1986
S. 37 am. No. 57, 1984; No. 77, 1986; No. 51,
1988; Nos. 113 and 139, 1990
S. 37A ad. No. 13, 1985
am. No. 39, 1991
S. 39 am. No. 77, 1986
Ss. 39A-39C ad. No. 77, 1986
Part VI (ss. 41-46) rep. No. 57, 1984
Ss. 41, 42 am. No. 167, 1980
rep. No. 57, 1984
Ss. 43-45 rs. No. 167, 1980
rep. No. 57, 1984
S. 46 am. No. 167, 1980
rep. No. 57, 1984
S. 46A ad. No. 57, 1984
S. 47 rs. No. 46, 1982
Ss. 47A-47H ad. No. 46, 1982
S. 47J ad. No. 46, 1982
am. No. 59, 1992
S. 47K ad. No. 46, 1982
S. 49 am. No. 36, 1978; No. 46, 1982; No. 77,
1986; No. 155, 1987; No. 113, 1990
S. 50 am. No. 150, 1981
rs. No. 46, 1982
S. 50A ad. No. 46, 1982
S. 50B ad. No. 46, 1982
am. No. 111, 1988
Ss. 50C, 50D ad. No. 46, 1982
S. 51 rs. No. 48, 1982
S. 52 am. No. 46, 1982; No. 57, 1984
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Repeal and savings
4. Objects
5. Interpretation
5A. Crown to be bound
5B. Application of Act outside Australia
PART II - ESTABLISHMENT, FUNCTIONS AND POWERS OF THE
AUSTRALlAN MEAT AND LIVE-STOCK CORPORATION
Division 1 - General
6. Australian Meat and Live-stock Corporation
7. Functions of Corporation
8. Powers generally
9. Trading power
10. Corporation may consult industry representatives
15. Other powers
16. Committees
Division 2 - Control by Corporation of export of meat
and live-stock
16A. Interpretation
16B. Grant of export licence
16C. Application for licence
16D. Requirements for grant of licence
16E. Refusal to grant application for licence
16F. Licence subject to condition that holder inform
Corporation of certain events
16G. Meat export licence subject to condition regarding
slaughtering on account of owner
16H. Licence also subject to compliance with orders and
directions under this section
16K. Contracts for shipment of meat or live-stock
16L. Restriction of persons who may export to certain markets
16M. Orders by Corporation
16N. Directions by Corporation
16P. Duration of licence
16Q. Renewal of licence
16R. Notice to licence holder to show cause
16S. Powers of Corporation in relation to licence
16T. Cancellation of licence at request of holder
16U. Statement to be included in certain notices
Division 3 - Export Quotas
16V. Definitions
16W. Quotas to be in accordance with corporate plan
16X. Variation of quotas
16Y. Reimbursement for reduction of rights under quota
16Z. Review of decisions
16ZA. Statements to accompany notification of decisions
16ZB. Licensees to comply with quota system
16ZC. Guidelines to be made available on request
16ZD. Concurrent operation of the Australian Meat and
Live-stock (Quotas) Act, this Division and Division 2
PART III - CONSTITUTION AND MEETINGS OF THE CORPORATION
17. Nature of Corporation
18. Membership of Corporation
22. Term of office of members
23. Deputy Chairman
24. Acting Chairman
25. Deputies of other members
26. Remuneration and allowances of member etc.
27. Leave of absence of certain members
28. Resignation of certain members
29. Termination of appointment of certain members
29A. Disclosure of interests by members etc.
30. Meetings of Corporation
PART IIIA - ANNUAL GENERAL MEETING OF THE INDUSTRY
30A. Interpretation
30B. Corporation to convene annual general meeting
30BA. Certain motions may not be moved
30C. Persons proposing to move certain motions to inform the
Corporation
30D. Corporation to give notice of meeting and motions
30E. Proxies
30F. Conduct of meetings
30G. Voting at annual general meetings
30H. Motions of no confidence
30J. Corporation to establish and maintain certain registers
30K. Alteration of registers
30L. Meat Research Corporation to be notified of cost of
maintaining registers
30LA. Corporation to provide access to registers
30M. Policy Council to receive copy of resolutions
PART IIIB - CORPORATE PLAN AND ANNUAL OPERATIONAL PLANS
Division 1 - The Corporate Plan
30N. Corporation to prepare and review corporate plan
30P. Approval of corporate plan and of revisions following
review
30Q. Variation of corporate plan by Corporation otherwise
than following review
30R. Variation of corporate plan at request of Minister
Division 2 - Annual Operational Plans
30T. Corporation to prepare annual operational plans
30U. Approval of annual operational plans
Division 3 - Directions by Minister
30UA. Directions by Minister
PART IV - STAFF
Division 1 - The Managing Director
30V. Managing Director
30W. Acting Managing Director
30X. Duties of Managing Director
30Y. Effect of motion of no confidence on Managing Director
Division 2 - Other Staff of the Corporation
31. Officers and employees
32. Officers and employees of Board
Division 3 - Equal Employment Opportunity Program
33. Corporation to develop and implement equal employment
opportunity program
33A. Regard to be had to equal employment opportunity program
33B. Action incompatible with merit principle not required
PART V - FINANCE
34. Payments to the Corporation
34A. Payments to Commonwealth in relation to exotic animal
disease control
35. Raising of moneys by Corporation
36. Bank account
37. Application of money
37A. Meat Research Corporation to be informed of Selection
Committee's costs and expenses
38. Proper accounts to be kept
39. Audit by Corporation auditor
39A. Appointment of company auditor
39B. Removal of company auditor
39C. Resignation of company auditor
40. Liability to taxation
PART VII - MISCELLANEOUS
46A. Review of certain decisions concerning registers
47. Inspection
47A. Seizure
47B. Obstructing authorised officers
47C. Persons to assist authorised officers
47D. Authorised officers
47E. Identity cards
47F. Protection of authorised officers and other persons
47G. Corporation may require information or documents
47H. Nominees
47J. Evidence of analyst
47K. Service of notices
48. Delegation
49. Annual report
50. Export of meat or live-stock without export licence etc.
50A. False information etc.
50B. Person falsely holding himself out to be the holder of
licence etc.
50C. Forfeiture of goods
50D. Certain offences punishable on summary conviction
51. Operation of certain laws not restricted
52. Regulations
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - LONG TITLE SECT
An Act to establish an Australian Meat and Live-stock
Corporation, and for other purposes
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - PART I
PART I - PRELIMINARY
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 1
Short titleSECT
1. This Act may be cited as the Australian Meat and Live-stock Corporation Act 1977.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 2
CommencementSECT
2.*1* (1) Sections 1, 2, 4, 5, 6, 17, 18, 19, 20, 21, 22, 41, 42, 43 and 52 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation. SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 3
Repeal and savingsSECT
3. (1) The following Acts are repealed: Meat Industry Act 1964;
Meat Industry Act 1965;
Meat Industry Act 1969.
(2) Upon the commencing date:
(a) any rights, property or assets that immediately before that date were vested in the Board are, by force of this subsection, vested in the Corporation; and
(b) the Corporation becomes, by force of this subsection, liable to pay and discharge any debts, liabilities or obligations of the Board that existed immediately before that date.(3) An arrangement or contract entered into by or on behalf of the Board as a party and in force immediately before the commencing date continues in force, notwithstanding the repeal of the Acts specified in subsection (1), but that arrangement or contract has effect, on and after the commencing date, as if:
(a) the Corporation were substituted for the Board as a party to the arrangement or contract; and
(b) any reference in the arrangement or contract to the Board were (except in relation to matters that occurred before that date) a reference to the Corporation.(4) An instrument or document that the Secretary to the Department of Primary lndustry or an officer of that Department authorized by him in writing for the purpose of this subsection certifies to have been made, executed or given by reason of, or for a purpose connected with or arising out of, the operation of this section is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory.
(5) Where, immediately before the commencing date, proceedings to which the Board was a party were pending in any court, the Corporation is, by force of this subsection, substituted for the Board as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 4
ObjectsSECT
4. (1) The objects of this Act are:
(a) to promote and control, and to protect and further the interests of the industry in relation to, the export of meat and live-stock from Australia;
(b) to promote and control, and to protect and further the interests of the industry in relation to, the sale and distribution, after export, of Australian meat and live-stock;
(c) to promote, and to protect and further the interests of the industry in relation to, trade and commerce in meat and live-stock among the States, between States and Territories and within the Territories; and
(d) to improve the production of meat and live-stock, and encourage the consumption of meat, in the Territories;
and this Act shall be construed and administered accordingly.(2) The Corporation shall perform its functions or exercise its powers only for the purpose of achieving an object specified in subsection (1).
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 5
InterpretationSECT
5. (1) In this Act, unless the contrary intention appears:
"acting Managing Director" means a person appointed to act as Managing Director in pursuance of section 30W;
"annual general meeting" means a meeting convened in accordance with section 30B;
"annual operational plan" means a plan developed by the Corporation and approved by the Minister in accordance with Division 2 of Part IIIB;
"assessment action", in relation to the Corporation's equal employment opportunity program, means action by the Corporation to do all of the following things:
(a) to collect and record statistics and related information concerning employment by the Corporation, including the number and types of jobs undertaken by, or job classifications of:
(i) employees of either sex; and
(ii) persons in designated groups;
(b) to monitor and evaluate the implementation of the program;
(c) to assess:
(i) the achievement of the objectives of the program; and
(ii) the effectiveness of the program;
by comparing statistics and information referred to in paragraph (a) with the indicators set under the policy action of the program;
"Australian Meat and Live-stock Industry Policy Council" means the council of that name established by section 4 of the Australian Meat and Live-stock Industry Policy Council Act 1984;
"Australian Meat and Live-stock Industry Selection Committee" means the committee of that name established by section 4 of the Australian Meat and Live-stock Industry Selection Committee Act 1984;
"authorized officer" means a person appointed under section 47D to be an authorized officer;
"Board" means the Australian Meat Board referred to in section 7 of the Meat Industry Act 1964;
"cattle" means bovine animals other than buffaloes;
"cattle producer" means a person engaged in the raising or fattening of cattle;
"Chairman" means the Chairman of the Corporation;
"commencing date" means the date fixed under subsection 2 (2);
"company auditor" means a firm carrying on the business of auditing accounts;
"consultation action", in relation to the Corporation's equal employment opportunity program, means action by the Corporation to consult with:
(a) its employees, particularly employees who are women or in designated groups; and
(b) each trade union having members affected by the program;
in relation to the development and implementation of the program;
"corporate plan" means the plan developed by the Corporation and approved by the Minister in accordance with Division 1 of Part IIIB;
"Corporation" means the Australian Meat and Live-stock Corporation established by section 6;
"Corporation auditor" means:
(a) where an appointment of a company auditor as the Corporation auditor is in effect under section 39A - the company auditor so appointed; or
(b) where paragraph (a) does not apply - the Auditor-General;
"covering" includes any stopper, glass, bottle, vessel, box, container, capsule, case, frame or wrapper;
"Deputy Chairman" means the Deputy Chairman of the Corporation;
"designated group" has the same meaning as in the Public Service Act 1922;
"discrimination" means:
(a) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; or
(b) discrimination by which a person with a physical or mental disability is, because of the disability, treated less favourably than a person without the disability;
"document" includes any written or printed matter, any map, plan or photograph, and any article or thing that has been so treated in relation to any sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing, and includes a copy of any such matter, map, plan, photograph, article or thing;
"edible offal" means any edible portion, other than the flesh, of cattle, buffaloes, sheep, lambs, goats or other prescribed animals;
"eligible industry body" means:
(a) the Cattle Council of Australia;
(b) the Sheepmeat Council of Australia;
(c) the Australian Meat Exporters' Federal Council; or
(d) a body prescribed by the regulations for the purposes of the provision in which the expression "eligible industry body" is used;
"employee", in relation to the Corporation, means a natural person appointed or engaged by the Corporation:
(a) under a contract of service, whether on a full time, part time, permanent, casual or temporary basis; or
(b) under a contract for services;
and, except in Division 2 of Part IV, includes an officer of the Corporation;
"employee information action", in relation to the Corporation's equal employment opportunity program, means action by the Corporation to inform its employees of the content of the program and the results of assessment action taken by the Corporation in relation to the program;
"employment matters" include:
(a) recruitment procedure, and selection criteria, for the appointment or engagement of employees by the Corporation;
(b) promotion and transfer of employees by the Corporation;
(c) training and staff development for the Corporation's employees; and
(d) conditions of service of the Corporation's employees;
"equal employment opportunity program", in relation to the Corporation, means a program of the Corporation that is designed to ensure:
(a) that appropriate action is taken to eliminate any discrimination by the Corporation against women and persons in designated groups in relation to employment matters; and
(b) that appropriate measures are taken by the Corporation to promote equal opportunity for women and persons in designated groups in relation to employment matters;
being a program that includes provision for assessment action, consultation action, employee information action, and policy action, by the Corporation in relation to the program;
"examine" includes count, measure, weigh, grade or gauge;
"export licence" means a meat export licence or live-stock export licence;
"exporter" means a person engaged in the business of exporting meat or live-stock or meat and live-stock;
"live-stock" means cattle, buffaloes, sheep, lambs, goats or other prescribed animals;
"live-stock export licence" means a licence granted under section 16B to export live-stock from Australia, and includes such a licence that has been renewed under section 16Q;
"live-stock producer" means a person engaged in the raising or fattening of cattle, buffaloes, sheep, lambs, goats or other prescribed animals;
"Managing Director" means the Managing Director of the Corporation;
"meat" means the flesh, whether fresh or preserved, of cattle, buffaloes, sheep, lambs, goats or other prescribed animals, and includes meat products and edible offal;
"meat export licence" means a licence granted under section 16B to export meat from Australia, and includes such a licence that has been renewed under section 16Q;
"meat product" means food prepared from or containing meat, and includes canned meat;
"member" means a member of the Corporation;
"offence against this Act" includes:
(a) an offence against the regulations;
(b) an offence against section 6, 7 or 7A of the Crimes Act 1914 in relation to an offence against this Act or the regulations; and
(c) an offence against subsection 86 (1) of the Crimes Act 1914 by virtue of paragraph (a) of that subsection, being an offence in relation to an offence against this Act or the regulations;
"policy action", in relation to the Corporation's equal employment opportunity program, means action by the Corporation to do all of the following things:
(a) to confer responsibility for the development and implementation of the program (including a continuous review of the program) on a person having sufficient authority and status within the management of the Corporation to enable the person properly to develop and implement the program;
(b) to examine policies and practices of the Corporation in relation to employment matters in order to identify:
(i) any policies or practices that constitute discrimination
by the Corporation against women or persons in designated groups; and
(ii) any patterns (whether ascertained statistically or
otherwise) of lack of equality of opportunity for women or persons in designated groups;
(c) to set:
(i) the objectives to be achieved by the program; and
(ii) the quantitative and other indicators against which the
effectiveness of the program is to be assessed;
"premises" includes land;
"register" means a register prepared and maintained by the Corporation in pursuance of subsection 30J (1), (1A) or (2);
"Territory" means an internal Territory;
"the industry" means the Australian meat and live-stock industry;
"trade union" means:
(a) an organisation of employees registered under the Conciliation and Arbitration Act 1904; or
(b) a trade union within the meaning of a State Act or law of a Territory;
"woman" means a member of the female sex irrespective of age.(2) A reference in this Act to the day of closure of a register for the purposes of an annual general meeting, is a reference to the day specified in the notice of that meeting that is published in accordance with subsection 30B (2) as the day by which applications from persons seeking to be entered on a register for the purpose of enabling them to vote at the meeting must be received by the Corporation.
(3) A reference in this Act to discrimination by the Corporation in relation to employment matters does not include a reference to discrimination that:
(a) is essential for the effective performance of the duties to which the employment matters relate; and
(b) is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 5A
Crown to be boundSECT
5A. This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 5B
Application of Act outside AustraliaSECT
5B. This Act applies both within and outside Australia.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - PART II
PART II - ESTABLISHMENT, FUNCTIONS AND POWERS OF THE
AUSTRALlAN MEAT AND LIVE-STOCK CORPORATION
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - DIVISION 1
Division 1 - General
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 6
Australian Meat and Live-stock CorporationSECT
6. There is established by this section a Corporation by the name of the Australian Meat and Live-stock Corporation.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 7
Functions of CorporationSECT
7. The functions of the Corporation are:
(a) to improve the production of meat and live-stock in Australia;
(b) to encourage and promote the consumption and sale of Australian meat, and the sale of Australian live-stock, both in Australia and overseas;
(c) to encourage, assist, promote and control the export of meat and live-stock from Australia;
(e) to make recommendations to the Minister:
(i) with respect to the making of regulations for the purposes
of Division 2 and sections 47, 47H, 50 and 50B; and
(ii) with respect to the making of regulations prescribing an
amount for the purposes of:
(A) paragraph 6 (1) (a), 6A (1) (a), 6B (1) (a), 6C (1) (a),
6D (1) (a), 6E (1) (a) or 6F (1) (a) of the Live-stock Slaughter Levy Act 1964; or
(B) paragraph 7 (1) (a), 8 (1) (a), 9 (1) (a), 10 (1) (a) or
11 (1) (a) of the Live-stock Export Charge Act 1977; or
(C) paragraph 6 (1) (a) of the Beef Production Levy Act
1990; or
(D) paragraph 6 (1) (a) of the Cattle Export Charge Act
1990; or
(E) paragraph 6 (1) (a) or 6 (2) (a) of the Cattle
Transaction Levy Act 1990; and
(f) such other functions, in connexion with meat and live-stock, as are conferred on the Corporation by this Act or the regulations.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 8
Powers generallySECT
8. (1) Subject to subsection (4), the Corporation has power to do all things that are necessary or convenient to be done for, or in connexion with, the performance of its functions. (1A) Without limiting the generality of subsection (1), the Corporation may charge such fees as are fair and proper, and, where this Act so provides, as are fixed by the regulations, with respect to the provision of services or the performance of any other work by, or on behalf of, the Corporation.
(3) The powers of the Corporation in relation to the functions of the Corporation referred to in paragraphs 7 (b) and (c) extend to the doing of such things as the Corporation thinks fit in order to improve:
(a) the quality of Australian meat and live-stock;
(b) the methods of production, storage, transport and marketing of Australian meat; and
(c) the methods of production, transport and marketing of Australian live-stock.(3A) Notwithstanding anything in this Act, the Corporation may, in co-operation with the Australian Pork Corporation and as part of a prescribed scheme for the marketing of meat or live-stock, do such things in relation to the marketing of pig meat or pigs as the Corporation considers appropriate.
(4) To the extent that it is practicable to do so, the Corporation shall endeavour to ensure that the exercise, at any time, of the powers conferred on it by this Act is consistent with, and designed to give effect to, the provisions of the corporate plan and the applicable annual operational plan.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 9
Trading powerSECT
9. (1) Without limiting the generality of section 8, the Corporation may:
(a) purchase meat or live-stock;
(b) export, or sell for export, meat or live-stock; or
(c) enter into transactions in relation to:
(i) the purchase of meat or live-stock; or
(ii) the export, or sale for export, of meat or
live-stock;
including transactions by way of meat futures contracts or live-stock futures contracts.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 10
Corporation may consult industry representativesSECT
10. (1) Without limiting the generality of section 8, the Corporation may, for the purpose of considering any matter relating to the performance of its functions, make arrangements for consulting persons and bodies representative of different sectors of the industry. (2) Arrangements made by the Corporation under subsection (1) may include:
(a) the Corporation's agreeing to meet travel expenses reasonably incurred by a person in connection with consultations with the Corporation; and
(b) subject to written guidelines given to the Corporation by the Minister, the Corporation's agreeing to meet expenses (other than travel expenses) reasonably incurred by an eligible industry body, or a member of an eligible industry body, in connection with consultations with the Corporation.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 15
Other powers
SECT
15. (1) Without limiting the generality of sections 8 and 9, the Corporation may:
(a) for the purposes of, or for purposes incidental to, international undertakings to which the Commonwealth is a party, purchase meat and live-stock and export, or sell for export, meat and live-stock;
(b) appoint agents, either in Australia or elsewhere;
(c) authorize the use of any patent vested in the Corporation;
(d) engage consultants on terms and conditions determined by it; and
(e) enter into arrangements or agreements with persons, authorities or organizations in Australia or elsewhere, or, with the consent of the Minister, with a State, for the purposes of the Corporation.(2) Without limiting the generality of sections 8 and 9, the Corporation may operate, either on its own behalf or in conjunction with another person, authority or organization, an undertaking providing services or facilities for use in connexion with the export of Australian meat or live-stock, and may, for that purpose, do all things that are necessary or convenient to be done for the purpose of acquiring, constructing, establishing or operating such an undertaking.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16
CommitteesSECT
16. (1) The Corporation may appoint a committee to assist the Corporation in relation to a matter. (2) A committee appointed under this section shall consist of such persons, whether members of the Corporation or not, as the Corporation thinks fit.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - DIVISION 2
Division 2 - Control by Corporation of export of meat
and live-stock
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16A
InterpretationSECT
16A. (1) In this Division, unless the contrary intention appears, "relevant offence" means:
(a) an offence against this Act;
(b) an offence against any other law of the Commonwealth, or against a law of a State or Territory, that is punishable by imprisonment for a period of 12 months or more; or
(c) any other offence against a law of the Commonwealth, or of a State or Territory, that is prescribed for the purposes of this paragraph.(2) A reference in this Division to meat (other than the reference (last occurring) in subsection (4) and the reference in paragraph (5) (b)) does not include a reference to meat of a kind that is declared by the regulations to be, for the purposes of this Act, meat unfit for human consumption.
(3) For the purposes of this Division, a person shall be taken to be a person who participates, or a person who would participate, in the management or control of the meat or live-stock export business, or proposed meat or live-stock export business, of another person if:
(a) he has or would have, as the case may be, authority to direct the operations, or an important or substantial part of the operations, of the business or proposed business; or
(b) he has or would have, as the case may be, authority to direct a person who has or would have, as the case may be, authority of the kind referred to in paragraph (a) in the exercise of that authority or proposed authority.(4) A reference in this Division to the meat export business, or proposed meat export business, of a person includes a reference to any operations carried out or proposed to be carried out, as the case may be, by the person for or in connection with the slaughtering of animals, the dressing of animal carcasses or the treatment, packing, carriage, handling or storage of meat, being operations that:
(a) are or are proposed to be, as the case may be, carried out as part of the business or proposed business; or
(b) are or are proposed to be, as the case may be, carried out, in whole or in part, in connection with the business or proposed business.(5) Where:
(a) a corporation (in this subsection referred to as "the relevant corporation") is the holder of, or an applicant for, a meat export licence;
(b) a corporation that is related to the relevant corporation carries out, or proposes to carry out, operations (in this subsection referred to as "the relevant operations") for or in connection with the slaughtering of animals, the dressing of animal carcasses or the treatment, packing, carriage, handling or storage of meat; and
(c) the relevant operations are or are proposed to be, as the case may be, carried out, in whole or in part, in connection with the meat export business, or proposed meat export business, of the relevant corporation;
the relevant operations shall, for the purposes of this Division, be deemed to be operations carried out or proposed to be carried out, as the case may be, by the relevant corporation as part of its meat export business or proposed meat export business, as the case may be.(6) For the purposes of subsection (5), the question whether corporations are related to each other shall be determined in the same manner as that question would be determined under the Companies Act 1981.
(7) In subsections (5) and (6), "corporation" means a corporation within the meaning of the Companies Act 1981.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16B
Grant of export licenceSECT
16B. (1) Subject to this Division, the Corporation may grant to a person a licence, in writing, to export meat from Australia or to export live-stock from Australia. (2) Nothing in subsection (1) shall be taken to prevent:
(a) the granting to a person of both a licence to export meat from Australia and a licence to export live-stock from Australia; or
(b) the issuing of directions under section 16H for the purpose of restricting the kind of meat or live-stock export business, as the case may be, that the holder of an export licence is to be permitted to carry on under the conditions to which the licence is subject.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16C
Application for licenceSECT
16C. (1) An application for a meat export licence or live-stock export licence shall:
(a) be in writing;
(b) set out the name and address of each person whom the Corporation is required to consider for the purposes of paragraph 16D (1) (c);
(c) contain such other information, and such matters, as are prescribed; and
(d) be accompanied by such documents as are prescribed.(1A) An applicant for a meat export licence or live-stock export licence shall, at the time of lodgement of his application under this section or at such later time (if any) as is permitted under the regulations, pay such fee in respect of the application as is prescribed.
(2) Where a person has furnished information or a document to the Corporation in connection with an application for an export licence and, before the application is granted or refused:
(a) a change occurs so that, in relation to a matter, the information ceases to be, or the particulars stated in the document cease to be, correct; or
(b) the person becomes aware that, in relation to a matter, the information was not, or the particulars stated in the document were not, correct;
the person shall, within 7 days after the occurrence of the change or his becoming so aware, as the case may be, furnish to the Corporation, in writing, correct particulars of the matter.(3) A person who fails, without reasonable excuse, to comply with subsection (2) is guilty of an offence punishable, on conviction, by a fine not exceeding $2,000 or imprisonment for 12 months, or both.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16D
Requirements for grant of licenceSECT
16D. (1) The Corporation shall not grant a meat export licence or live-stock export licence unless it is satisfied that:
(a) where the applicant is an individual, the applicant is:
(i) a person of integrity;
(ii) competent to hold such a licence; and
(iii) a person of sound financial standing;
(b) where the applicant is a body corporate, the applicant is:
(i) a body corporate of integrity;
(ii) competent to hold such a licence; and
(iii) a body corporate of sound financial standing;
(c) each person who participates or would participate, as the case may be, in the management or control of the meat or live-stock export business or proposed meat or live-stock export business, as the case may be, of the applicant is a person of integrity;
(d) the applicant is, and is likely to continue to be, able to comply with the conditions to which the licence, if granted, would be subject; and
(e) the granting of the licence to the applicant would not, for any other reason, be contrary to the interests of the industry.(2) In determining for the purposes of this section whether a person is a person of integrity or a body corporate is a body corporate of integrity, the Corporation shall have regard to:
(a) any conviction (whether before or after the commencement of this section) of the person or body corporate, as the case may be, of a relevant offence (not being an offence committed more than 10 years before the making of the application);
(b) where information or a document furnished to the Corporation by or on behalf of the person or body corporate was false or misleading - whether the person or body corporate, as the case may be, knew, or should have known, that the information or document was false or misleading;
(c) any failure by the person or body corporate, as the case may be, to comply with subsection 16C (2);
(d) the reputation of the person or body corporate, as the case may be, in the industry, for reliability in business dealings;
(e) such matters (if any) as are prescribed for the purposes of this subsection; and
(f) such other matters as it considers relevant.(3) In determining for the purposes of this section whether an applicant for a meat export licence or live-stock export licence is competent to hold such a licence, the Corporation shall have regard to:
(a) the extent of the applicant's previous involvement in the industry;
(b) the knowledge, experience and skill of the persons who participate or would participate, as the case may be, in the management or control of the meat or live-stock export business or proposed meat or live-stock export business, as the case may be, of the applicant;
(c) the kind of meat or live-stock export business, as the case may be, that the applicant would be permitted to carry on under the conditions to which the licence, if granted, would be subject;
(d) such matters (if any) as are prescribed for the purposes of this subsection; and
(e) such other matters as it considers relevant.(4) ln determining for the purposes of this section whether an applicant for a meat export licence or live-stock export licence is a person of sound financial standing or a body corporate of sound financial standing, the Corporation shall have regard to:
(a) the assets and liabilities of the applicant;
(b) the business operations being, and proposed to be, carried out by the applicant;
(c) the kind of meat or live-stock export business, as the case may be, that the applicant would be permitted to carry on under the conditions to which the licence, if granted, would be subject;
(d) such matters (if any) as are prescribed for the purposes of this subsection; and
(e) such other matters as it considers relevant.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16E
Refusal to grant application for licenceSECT
16E. (1) Where the Corporation refuses to grant an application for an export licence, the Corporation shall, by notice in writing served on the applicant, inform him of the refusal. (2) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Corporation refusing applications for export licences.
(3) Where an application for an export licence has not been determined within 2 months after the making of the application, the Corporation shall, for the purposes of subsection (2), be deemed to have refused the application.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16F
Licence subject to condition that holder inform Corporation of
certain eventsSECT
16F. An export licence is subject to the condition that, if:
(a) the holder of the licence is convicted of a relevant offence;
(b) in the case of an export licence held by an individual:
(i) the holder of the licence:
(A) becomes bankrupt; or
(B) executes a deed of assignment, or deed of arrangement,
under Part X of the Bankruptcy Act 1966; or
(ii) a composition is accepted in relation to the holder of
the licence under Part X of the Bankruptcy Act 1966;
(c) in the case of an export licence held by a body corporate:
(i) an order is made for the winding up of the holder of the
licence; or
(ii) a provisional liquidator is appointed in relation to the
holder of the licence; or
(iii) a compromise or arrangement is made between the holder
of the licence and its creditors; or
(iv) a receiver or manager enters into possession, or
assumes control, of any property of the holder of the licence; or
(v) an administrator of the holder of the licence is appointed
under section 436A, 436B or 436C of the Corporations Law; or
(vi) the holder of the licence executes a deed of company
arrangement under Part 5.3A of that Law;
(d) a person who participates in the management or control of the meat or live-stock export business, as the case may be, of the holder of the licence is convicted of a relevant offence;
(e) a person specified in the application for the licence, in any application for renewal of the licence or in any particulars furnished to the Corporation in pursuance of this section as participating in the management or control of the meat or live-stock export business, as the case may be, of the holder of the licence ceases so to participate;
(f) a person not specified in the application for the licence, in any application for renewal of the licence or in any particulars furnished to the Corporation in pursuance of this section as participating in the management or control of the meat or live-stock export business, as the case may be, of the holder of the licence commences so to participate; or
(g) a prescribed event occurs;
the holder of the licence shall, within 30 days after the occurrence of the conviction or other event, as the case may be, furnish to the Corporation particulars, in writing, of the conviction or other event, as the case may be.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16G
Meat export licence subject to condition regarding slaughtering on
account of ownerSECT
16G. (1) A meat export licence is subject to the condition that, if the owner of live-stock so requests, the holder of the licence shall slaughter and treat the live-stock, or cause the live-stock to be slaughtered and treated, on account of the owner on a weight and grade basis for submission for export at the rates, and on the conditions, specified in orders made, or directions given to the holder of the licence, for the purposes of this section under section 16H. (2) ln this section, "owner", in relation to live-stock, means an owner who caused the live-stock to be bred or fattened on land owned or occupied by him.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16H
Licence also subject to compliance with orders and directions
under this sectionSECT
16H. (1) The Corporation:
(a) may make orders, not inconsistent with this Act or the regulations, to be complied with by the holders of export licences; and
(b) may, by instrument in writing, issue directions, not inconsistent with this Act or the regulations, to be complied with by the holder of an export licence.(2) Without limiting the generality of subsection (1), orders made under this section, and directions issued under this section, may make provision with respect to any matter relating to, or incidental to:
(a) the quality, standard and grading of meat and live-stock;
(b) the purchase of meat and live-stock;
(c) the terms and conditions of the sale of meat and live-stock, including terms and conditions relating to price;
(d) the carriage, handling and storage of meat and live-stock;
(e) the sale and distribution of meat and live-stock after export;
(f) the keeping of records; and
(g) the measures to be taken to ensure compliance with orders made under this section or section 16J, 16K or 16L or directions issued under this section.(3) Without limiting the generality of subsection (1), orders made under this section, and directions issued under this section:
(a) may prohibit (either absolutely or unless specified conditions are complied with) the export, or sale for export, of meat or live-stock by reference to any one or more of the following matters:
(i) quantity;
(ii) quality, standard, grade or class;
(iii) the countries or places to which the meat or
live-stock, as the case may be, is not to be exported;
(iv) the persons to whom, or the authorities or
organizations to which, the meat or live-stock, as the case may be, is not to be exported or sold for export;
(v) any other matter that the Corporation considers
appropriate; and
(b) may require the holder of an export licence to do any one or more of the following:
(i) obtain the prior approval of the Corporation for each
export, or each export of a specified kind, to be made by the holder of the licence;
(ii) make declarations to the Corporation, including
declarations with respect to meat or live-stock that has or have been exported, or is proposed or are proposed to be exported, from Australia;
(iii) furnish information, returns or documents to the
Corporation, including information, returns or documents with respect to sales, or orders for the supply, of meat or live-stock.(4) Where a direction issued under this section is inconsistent with an order made under this section or section 16J, 16K or 16L, the direction shall prevail and the order shall, to the extent of inconsistency, be of no force or effect.
(5) An export licence is subject to the condition that the holder of the licence shall comply with:
(a) orders made under this section; and
(b) such directions issued under this section (if any) as are from time to time given to him.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16K
Contracts for shipment of meat or live-stockSECT
16K. (1) The Corporation may make orders, not inconsistent with this Act or the regulations, in accordance with which contracts for the carriage of meat or live-stock, by sea, from Australia to countries and places outside Australia are to be made by the holders of meat export licences or live-stock export licences, as the case may be. (2) Orders made under this section:
(a) may make provision with respect to any matter relating to, or incidental to, the carriage of meat and live-stock, by sea, to countries and places outside Australia and, without limiting the generality of the foregoing, may make provision for and in relation to:
(i) the persons who may carry meat and live-stock, by sea, to
countries and places outside Australia;
(ii) the charges payable for the carriage of meat and
live-stock, by sea, to countries and places outside Australia; and
(iii) the carriage, handling and storage of meat and
live-stock before it is carried by sea; and
(b) may be of general application or may relate only to the carriage of meat or live-stock, or meat or live-stock of any class, to particular countries or places.(3) An export licence is subject to the condition that the holder of the licence shall comply with orders made by the Corporation under this section.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16L
Restriction of persons who may export to certain marketsSECT
16L. (1) Where the Corporation is satisfied that:
(a) a person, authority or organization is, by virtue of being the purchaser of all, or substantially all, of the meat or live-stock, or of the meat or live-stock of any quality, standard, grade or class, exported to a country or place outside Australia or for any other reason, in a position to set the prices paid for all, or substantially all, of the meat or live-stock, or of the meat or live-stock of that quality, standard, grade or class, exported from Australia to that country or place; and
(b) it is necessary or desirable, for the purpose of ensuring that Australian live-stock producers receive a fair return in respect of meat or live-stock, or meat or live-stock of that quality, standard, grade or class, exported from Australia to that country or place, for it to exercise the powers conferred on it by this section;
the Corporation may make such orders, being orders not inconsistent with this Act or the regulations, with respect to the export of meat or live-stock, or of meat or live-stock of that quality, standard, grade or class, as the case may be, from Australia to that country or place as it considers necessary or desirable for that purpose, and, without limiting the generality of the foregoing, may prohibit (either absolutely or unless specified conditions are complied with) the export, or sale for export, of meat or live-stock, or of meat or live-stock of that quality, standard, grade or class, as the case may be, from Australia to that country or place by:
(c) any person other than the Corporation; or
(d) any person other than a specified holder of a meat export licence or live-stock export licence or specified holders of meat export licences or live-stock export licences, as the case may be.(1A) Notwithstanding that the circumstances for the exercise of the powers of the Corporation referred to in subsection (1) have not arisen, the Corporation may exercise the powers referred to in that subsection where the Corporation is satisfied, having regard to the criteria from time to time included in the corporate plan in accordance with subsection 30N (5) (b), that the exercise of the powers:
(a) would be beneficial for the development, or the further development, in a country or place outside Australia, of a market for meat or live-stock, or of a market for meat or live-stock of any quality, standard, grade or class; and
(b) would be in the best commercial interests of the industry.(2) An export licence is subject to the condition that the holder of the licence shall comply with orders made under this section.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16M
Orders by CorporationSECT
16M. (1) Sections 48, 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to orders made under sections 16H, 16J, 16K and 16L as if, in those first-mentioned sections, references to regulations were references to such orders. (2) Orders made under sections 16H, 16J, 16K and 16L shall be deemed not to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but subsection 5 (3) to (3C) (inclusive) of that Act apply in relation to such orders in like manner as they apply in relation to statutory rules.
(3) For the purposes of the application of section 5 (3B) of the Statutory Rules Publication Act 1903 in accordance with subsection (2), the reference in that first-mentioned subsection to the Minister for Sport, Recreation and Tourism shall be read as a reference to the Minister administering this Act.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16N
Directions by CorporationSECT
16N. (1) Where a notice setting out the terms of directions issued under section 16H to the holder of an export licence is served, personally or by post, telegram or telex, on the holder of the licence, the directions shall, for the purposes of subsection 16G (1) and paragraph 16H (5) (b), be deemed to have been given to the holder of the licence. (2) Applications may be made to the Administrative Appeals Tribunal for review of directions issued by the Corporation under section 16H.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16P
Duration of licenceSECT
16P. An export licence:
(a) comes into force on such date as is specified in the licence or, if no date is so specified, the date on which it is granted; and
(b) subject to this Division, remains in force for such period (being a period of not less than 1 year) as is specified in the licence but may be renewed in accordance with section 16Q.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16Q
Renewal of licenceSECT
16Q. (1) The holder of a meat export licence or live-stock export licence may, not earlier than 3 months and not later than 1 month before the licence is due to expire, apply to the Corporation for the renewal of the licence. (2) The Corporation may extend the period within which an application for the renewal of an export licence may be made, whether or not the period has expired.
(3) An application for the renewal of a meat export licence or live-stock export licence shall:
(a) be in writing;
(b) contain such information, and such matters, as are prescribed; and
(c) be accompanied by such documents as are prescribed.(3A) An applicant for renewal of a meat export licence or live-stock export licence shall, at the time of lodgement of his application under this section or at such later time (if any) as is permitted under the regulations, pay such fee in respect of the application as is prescribed.
(4) Where the holder of a meat export licence or live-stock export licence duly applies to the Corporation for the renewal of the licence, the Corporation, unless it has determined by virtue of paragraph 16S (1) (d) that the licence not be renewed, shall, by instrument in writing, renew the licence.
(5) Subject to this Division, an export licence that has been renewed continues in force for such period (being a period of not less than 1 year) as is specified in the instrument by which the licence is renewed, but may be further renewed in accordance with this section.
(6) A renewal of an export licence shall not take effect if the licence is cancelled by virtue of paragraph 16S (1) (c) on or before the date on which it would, apart from the renewal, expire.
(7) Where an export licence has been suspended under section 16R or subsection 16S (1), this section applies to and in relation to the licence as if the licence had not been suspended, but the renewal of the licence does not have any force or effect until the licence ceases to be suspended.
(8) Application may be made to the Administrative Appeals Tribunal for review of decisions of the Corporation made for the purposes of subsection (2).
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16R
Notice to licence holder to show causeSECT
16R. (1) Where the Corporation has reasonable grounds for believing, in relation to a meat export licence or live-stock export licence, that:
(a) in the case of a meat export licence or live-stock export licence held by an individual, the holder of the licence has ceased to be:
(i) a person of integrity;
(ii) competent to hold such a licence; or
(iii) a person of sound financial standing;
(b) in the case of a meat export licence or live-stock export licence held by a body corporate, the holder of the licence has ceased to be:
(i) a body corporate of integrity;
(ii) competent to hold such a licence; or
(iii) a body corporate of sound financial standing;
(c) a person who has commenced to participate in the management or control of the meat or live-stock export business, as the case may be, of the holder of the licence is not a person of integrity;
(d) a person who participates in the management or control of the meat or live-stock export business, as the case may be, of the holder of the licence has ceased to be a person of integrity;
(e) information or a document furnished to the Corporation in connection with the application for the licence was false or misleading and, but for the information or document being false or misleading, the licence would not have been granted;
(f) the holder of the licence failed to comply with subsection 16C (2) in relation to the application for the licence and, but for the failure so to comply, the licence would not have been granted; or
(g) the holder of the licence has contravened or failed to comply with a condition to which the licence is subject;
the Corporation may serve a notice, in writing, under this section on the holder of the licence.(2) ln determining for the purposes of this section and section 16S in relation to an export licence whether a person has ceased to be a person of integrity or a body corporate has ceased to be a body corporate of integrity, the Corporation shall have regard to:
(a) any conviction, after the granting of the licence, of the person or body corporate, as the case may be, of a relevant offence;
(b) where a declaration made, or information or a return or document furnished, to the Corporation, after the granting of the licence, by or on behalf of the person or body corporate, as the case may be, was false or misleading - whether the person or body corporate, as the case may be, knew, or should have known, that the declaration, information, return or document, as the case may be, was false or misleading;
(c) the reputation of the person or body corporate, as the case may be, in the industry, for reliability in business dealings;
(d) such matters (if any) as are prescribed for the purposes of this subsection; and
(e) such other matters as it considers relevant.(3) ln determining for the purposes of this section and section 16S whether the holder of a meat export licence or live-stock export licence has ceased to be competent to hold such a licence, the Corporation shall have regard to:
(a) the knowledge, experience and skill of the persons who participate in the management or control of the meat or live-stock export business, as the case may be, of the holder of the licence;
(b) the kind of meat or live-stock export business, as the case may be, that the holder of the licence is permitted to carry on under the conditions to which the licence is subject;
(c) such matters (if any) as are prescribed for the purposes of this subsection; and
(d) such other matters as it considers relevant.(4) In determining for the purposes of this section and section 16S whether the holder of a meat export licence or live-stock export licence has ceased to be a person of sound financial standing or a body corporate of sound financial standing, the Corporation shall have regard to:
(a) the assets and liabilities of the holder of the licence;
(b) the business operations being carried out by the holder of the licence;
(c) the kind of meat or live-stock export business, as the case may be, that the holder of the licence is permitted to carry on under the conditions to which the licence is subject;
(d) such matters (if any) as are prescribed for the purposes of this subsection; and
(e) such other matters as it considers relevant.(5) In determining for the purposes of this section and section 16S whether a person who has commenced to participate in the management or control of the meat or live-stock export business, as the case may be, of the holder of an export licence is a person of integrity, the Corporation shall have regard to:
(a) any conviction (whether before or after the commencement of this section) of the person of a relevant offence (not being an offence committed more than 10 years before the person commenced so to participate);
(b) where information or a document furnished to the Corporation by or on behalf of the person was false or misleading - whether the person knew, or should have known, that the information or document was false or misleading;
(c) the reputation of the person, in the industry, for reliability in business dealings;
(d) such matters (if any) as are prescribed for the purposes of this subsection; and
(e) such other matters as it considers relevant.(6) A notice under this section to the holder of an export licence shall:
(a) state the grounds on which the Corporation formed the belief by virtue of which the notice is given; and
(b) include a statement to the effect that, if the holder of the licence wishes, he may, within 14 days after the day on which the notice is served on him, furnish to the Corporation a statement, in writing, showing cause why the licence should not be dealt with under subsection 16S (1).(7) A notice under this section to the holder of an export licence may, if it appears to the Corporation to be necessary or desirable, in the interests of the industry, to suspend the licence under this section, state that the licence is suspended.
(8) Where a notice under this section to the holder of an export licence states that the licence is suspended, the licence is suspended from the time when the notice is served on the holder of the licence.
(9) Where an export licence is suspended under this section:
(a) the Corporation may at any time revoke the suspension; and
(b) if the licence has not been dealt with under subsection 16S (1) within the period of 60 days after the day on which the licence is suspended - the suspension lapses at the expiration of that period.(10) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Corporation to suspend export licences under this section.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16S
Powers of Corporation in relation to licenceSECT
16S. (1) Where the Corporation:
(a) has served a notice under section 16R on the holder of an export licence; and
(b) is satisfied in relation to the licence, after considering any statement furnished in pursuance of subsection 16R (6) by the holder of the licence in relation to the notice, as to any of the matters mentioned in paragraphs 16R (1) (a) to (g) (inclusive);
the Corporation may, by notice in writing served on the holder of the licence:
(c) cancel the licence;
(d) if the licence is about to expire - determine that the licence not be renewed;
(e) in a case where the licence is not already suspended - suspend the licence for such period as is specified in the notice given under this subsection;
(f) in a case where the licence is already suspended - further suspend the licence for such period as is specified in the notice given under this subsection; or
(g) reprimand the holder of the licence.(2) Where the Corporation:
(a) has served a notice under section 16R on the holder of an export licence; and
(b) decides not to take any further action in the matter;
the Corporation shall, by notice in writing served on the holder of the licence inform the holder of the licence of that decision, and, if the licence is suspended under that section, revoke the suspension.(3) The period for which the Corporation may suspend or further suspend an export licence under subsection (1) may be a period expiring after the day on which the licence, if not renewed, would expire.
(4) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Corporation under subsection (1).
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16T
Cancellation of licence at request of holderSECT
16T. The Corporation shall cancel an export licence if the holder of the licence requests it, in writing, to do so.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16U
Statement to be included in certain noticesSECT
16U. (1) A notice referred to in subsection 16E (1), 16N (1), 16R (8) or 16S (1) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of any person or persons whose interests are affected by the decision. (2) A failure to comply with subsection (1) in relation to a decision shall not be taken to affect the validity of that decision.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - DIVISION 3
Division 3 - Export Quotas
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16V
DefinitionsSECT
16V. Expressions in this Division have the same meanings as in subsection 3 (1) of the Australian Meat and Live-stock (Quotas) Act 1990.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16W
Quotas to be in accordance with corporate planSECT
16W. The granting of quotas must be in accordance with guidelines set out in the corporate plan.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16X
Variation of quotasSECT
16X. (1) The Corporation may at any time, by notice in writing given to the holder of a quota, vary any or all of the following:
(a) the period of validity of the quota;
(b) the quantity or description of goods covered by the quota;
(c) the condition or conditions of the quota.(2) Variations of quotas must not be inconsistent with the guidelines set out in the corporate plan.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16Y
Reimbursement for reduction of rights under quotaSECT
16Y. If:
(a) a quota was granted to the holder by sale; and
(b) the quota is varied so as to reduce the rights granted by the quota;
the Corporation must repay to the holder a proportionate amount of the sale price, as calculated in accordance with the guidelines set out in the corporate plan.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16Z
Review of decisionsSECT
16Z. Application may be made to the Administrative Appeals Tribunal for review of a decision of the Corporation to:
(a) fix the period of validity of a quota; or
(b) make a variation of a quota under paragraph 16X (1) (a), (b) or (c).
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16ZA
Statements to accompany notification of decisionsSECT
16ZA. (1) Where a decision of a kind referred to in section 16Z is made and a notice in writing of the decision is given to a person whose interests are affected by the decision, the notice must include:
(a) a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision; and
(b) except where subsection 28 (4) of that Act applies, a statement to the effect that the person may request a statement under section 28 of that Act.(2) A failure to comply with subsection (1) does not affect the validity of the decision.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16ZB
Licensees to comply with quota systemSECT
16ZB. An export licence is subject to the condition that the holder must comply with subsection 5 (2) of the Australian Meat and Live-stock (Quotas) Act 1990.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16ZC
Guidelines to be made available on requestSECT
16ZC. The Corporation must, if requested by an exporter, make available to the exporter the guidelines set out in the corporate plan relating to quotas.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 16ZD
Concurrent operation of the Australian Meat and Live-stock
(Quotas) Act, this Division and Division 2SECT
16ZD. The Australian Meat and Live-stock (Quotas) Act 1990 and this Division operate in addition to, and not in substitution for, any provision of Division 2.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - PART III
PART III - CONSTITUTION AND MEETINGS OF THE
CORPORATION
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 17
Nature of CorporationSECT
17. (1) The Corporation:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Corporation affixed to a document and shall presume that it was duly affixed.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 18
Membership of CorporationSECT
18. (1) The Corporation shall consist of 11 members, namely:
(8) Where the Minister makes an appointment under subsection (7), the Minister shall inform the Corporation in writing of the making of the appointment.
(9) Where:
(a) the Auditor-General decides that the proposed company auditor is not suitable to be the Corporation auditor; or
(b) the Joint Committee of Public Accounts does not agree to the appointment of the proposed company auditor, as the Corporation auditor;
the Minister shall inform the Corporation, in writing, of the Auditor-General's decision and of the reasons for that decision, or of the decision of the Committee, as the case may be.(10) Where the Minister informs the Corporation under subsection (9) that:
(a) the Auditor-General has decided that the proposed company auditor is not suitable to be the Corporation auditor; or
(b) the Joint Committee of Public Accounts does not agree to the appointment of the proposed company auditor as the Corporation auditor;
this section (other than subsection (1)) applies again until:
(c) the Minister informs the Corporation, in writing, that the Minister has made an appointment under subsection (7);
(d) all the names on the list have been the subject of previous requests under this section; or
(e) the Minister informs the Corporation, by notice in writing, that the Minister does not intend to request the Auditor-General to consider the suitability, for appointment as the Corporation auditor, of the name or names remaining on the list;
whichever first happens.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 39B
Removal of company auditorSECT
39B. (1) Where a company auditor is the Corporation auditor and, at an annual general meeting of the Corporation, it is resolved that the Corporation auditor should be removed, the Corporation shall request the Minister, in writing, to remove the Corporation auditor. (2) Where the Minister receives a request under subsection (1), the Minister shall, in writing, remove the Corporation auditor at such time as the Minister thinks fit.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 39C
Resignation of company auditorSECT
39C. (1) Subject to subsection (2), where a company auditor is the Corporation auditor, the Corporation auditor may resign from office by writing signed by the Corporation auditor and delivered to the Chairman. (2) A Corporation auditor may not resign under subsection (1) without the prior written approval of the Minister.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 40
Liability to taxationSECT
40. (1) The Corporation is subject to taxation (other than income tax) under the laws of the Commonwealth. (2) Subject to subsection (3), the Corporation is not subject to taxation under a law of a State or Territory.
(3) The regulations may provide that subsection (2) does not apply in relation to taxation under a specified law.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - PART VII
PART VII - MISCELLANEOUS
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 46A
Review of certain decisions concerning registersSECT
46A. (1) Application may be made to the Administrative Appeals Tribunal for review of:
(a) decisions of the Corporation, under subsection 30J (7), to refuse to enter the particulars of a person upon a register; and
(b) decisions of the Corporation, under subsection 30K (2), to remove the particulars of any person from the register.(2) In this section, "decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47
InspectionSECT
47. (1) The function of an authorized officer under this section is to ascertain whether the provisions of this Act and the regulations, and the conditions to which export licences are subject, have been complied with. (2) A reference in subsection (1) to ascertaining whether the provisions of this Act have been complied with includes a reference to ascertaining whether an offence against this Act has been committed.
(3) For the purposes of performing the function of an authorized officer under this section or exercising a power of an authorized officer under section 47A, an authorized officer may, with such assistance as he thinks necessary:
(a) enter registered premises;
(b) with the consent of the occupier or in pursuance of a warrant granted under subsection (6), enter any other premises;
(c) board or enter any vehicle, ship or aircraft;
(d) stop and detain any vehicle, ship or aircraft;
(e) search any premises, vehicle, ship or aircraft;
(f) break open any hold or compartment or any container or other receptacle (including any place that could be used as a receptacle);
(g) inspect and examine any premises, vehicle, ship, aircraft, matter or thing;
(h) secure any premises, vehicle, ship, aircraft, matter or thing;
(j) take samples of any matter or thing (including parts of premises, vehicles, ships or aircraft); or
(k) take extracts from, and make copies of, any document.(4) Samples of any matter or thing taken in accordance with subsection (3) shall be dealt with as prescribed.
(5) An authorized officer may make application to a Justice of the Peace for a warrant authorizing the authorized officer to enter premises other than registered premises.
(6) If, on an application under subsection (5), the Justice of the Peace is satisfied, by information on oath or affirmation, that it is reasonably necessary that the authorized officer should, for the purpose of exercising the powers of an authorized officer under this section or section 47A, have access to the premises to which the application relates, the Justice of the Peace may grant a warrant authorizing the authorized officer, with such assistance as he thinks necessary, to enter the premises during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the powers of an authorized officer under this section or section 47A.
(7) A warrant under subsection (6) shall specify a date after which the warrant ceases to have effect.
(8) Where an authorized officer proposes to search or detain a vehicle, ship or aircraft, he shall, if there is a person in charge of the vehicle, ship or aircraft, produce his identity card for inspection by that person and, if he fails to do so, he is not authorized to search or detain that vehicle, ship or aircraft.
(9) In this section, "registered premises" means premises that are registered, or are part of an establishment that is registered, under the regulations made under the Export Control Act 1982.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47A
SeizureSECT
47A. (1) An authorized officer may seize:
(a) any meat or live-stock that he believes on reasonable grounds is meat, or are live-stock, in respect of which an offence against this Act has been committed; and
(b) any matter or thing that he believes on reasonable grounds will afford evidence of the commission of an offence against this Act;
and may retain the meat or live-stock, or the matter or thing, until the expiration of a period of 60 days after the seizure or, if proceedings for such an offence in respect of the meat or live-stock, or in respect of which the matter or thing may afford evidence, are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are terminated.(2) The power under subsection (1) to seize meat includes a power to seize any coverings in which the meat is contained.
(3) The Corporation may authorize any meat or live-stock, or any matter or thing, seized under subsection (1) to be released to the owner, or to the person from whose possession the meat was or the live-stock were, or the matter or thing was, seized, either unconditionally or on such conditions as the Corporation thinks fit, including, in the case of meat or live-stock, conditions as to the giving of security for payment of the value of the meat or live-stock if it is or they are, as the case may be, forfeited under section 50C.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47B
Obstructing authorised officersSECT
47B. A person shall not, without reasonable excuse, obstruct or hinder an authorized officer in the exercise of his powers under this Act.
Penalty: $1,000 or imprisonment for 6 months, or both.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47C
Persons to assist authorised officersSECT
47C. (1) Subject to subsection (2), the owner, or person in charge, of any vehicle, ship or aircraft boarded or entered by an authorized officer, and the owner or occupier of any premises entered by an authorized officer, under section 47 shall, if requested by an authorized officer to do so, provide reasonable assistance to the authorized officer for the purpose of the exercise of his powers under that section or section 47A in relation to that vehicle, ship or aircraft or those premises.
Penalty: $1,000 or imprisonment for 6 months, or both.(2) Where an authorized officer makes a request of a person under this section, the authorized officer shall produce his identity card for inspection by that person and, if the authorized officer fails to do so, that person is not obliged to comply with the request.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47D
Authorised officersSECT
47D. The Corporation may, by instrument in writing, appoint a person, or persons included in a class of persons, to be an authorized officer or authorized officers, as the case may be, for the purpose of the exercise by that person or those persons of the powers of an authorized officer under this Act or of such of those powers as are specified in the instrument.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47E
Identity cardsSECT
47E. (1) The Corporation may cause to be issued to an authorized officer an identity card in a form approved by the Corporation, by instrument in writing. (2) Where a person in possession of an identity card issued to him under subsection (1) ceases to be an authorized officer, he shall forthwith return the identity card to the Corporation and, if he fails to do so, he is guilty of an offence punishable on conviction by a fine not exceeding $100.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47F
Protection of authorised officers and other personsSECT
47F. (1) An authorized officer is not liable to any action, suit or proceeding for or in relation to an act done or omitted to be done in good faith in the exercise or purported exercise of any power or authority conferred on him by this Act. (2) A person who is requested by an authorized officer, whether under section 47C or otherwise, to provide assistance to that officer in the exercise or purported exercise of any power or authority conferred on him by this Act is not liable to any action, suit or proceeding for or in relation to an act done or omitted to be done in good faith in the provision, or purported provision, of that assistance.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47G
Corporation may require information or documentsSECT
47G. (1) The Corporation may, by notice, in writing, served on a person, require the person to furnish to the Corporation, within such reasonable time as is specified in the notice, such information and documents with respect to:
(a) the industry;
(b) the meat or live-stock business of that person or any other person;
(c) any meat or live-stock that has or have been, or is proposed or are proposed to be, exported from Australia; or
(d) the holder of an export licence;
as is or are specified in the notice.(2) A person shall not, without reasonable excuse, fail or neglect duly to furnish information or a document that he is required to furnish by virtue of a notice under subsection (1).
Penalty: $2,000 or imprisonment for 12 months, or both.(3) A person is not excused from furnishing information or a document that he is required to furnish by virtue of a notice under subsection (1) on the ground that the information or the furnishing of the document, as the case may be, might tend to incriminate him or make him liable to a penalty, but the information or the furnishing of the document, as the case may be, is not admissible in evidence against him in proceedings other than proceedings for an offence against section 50A.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47H
NomineesSECT
47H. (1) A declaration required to be made, or information or a return or document required to be furnished, to the Corporation, for the purposes of this Act, by the holder of an export licence shall be made or furnished, as the case may be, only by:
(a) the holder of the licence; or
(b) an individual appointed, for the time being, under this section to be a nominee of the holder of the licence.(2) The holder of an export licence:
(a) may, by notice furnished to the Corporation, appoint an individual to be his nominee; and
(b) may, by a subsequent notice furnished to the Corporation, terminate the appointment.(3) A notice under subsection (2) shall:
(a) be in writing; and
(b) contain such information, and such matters, as are prescribed.(4) Where an individual appointed, for the time being, under this section to be a nominee of the holder of an export licence makes a declaration, or furnishes information or a return or document, to the Corporation, that declaration, information, return or document, as the case may be, shall, for the purposes of this Act (including any proceedings for an offence against this Act), be deemed to be made or furnished as the case may be, on behalf of, and with the knowledge and consent of, the holder of the licence.
(5) Notwithstanding any other provision of this Act or any other Act, a person who is convicted of an offence against this Act by reason of the operation of subsection (4) shall not be subject to a penalty of imprisonment.
(6) A declaration made, or information or a return or document furnished, to the Corporation for the purpose of complying with the conditions to which an export licence is subject shall, for the purposes of subsections (1) and (4), be taken to be a declaration required to be made, or information or a return or document required to be furnished, as the case may be, to the Corporation, for the purposes of this Act, by the holder of the licence.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47J
Evidence of analystSECT
47J. (1) The Corporation may, by instrument in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act. (2) An analyst appointed under subsection (1) may sign a certificate stating that the person who signed the certificate was appointed as an analyst under subsection (1) and also stating, in relation to a substance, any of the following:
(a) when, where and from whom the analyst received the substance;
(b) what, if any, labels or other means of identifying the substance accompanied it when it was received;
(c) in what container or containers the substance was received;
(d) a description, and the weight, of the substance received;
(e) if the substance, or any portion of it, was examined or analysed:
(i) the name of the method of examination or
analysis; and
(ii) the results of the examination or analysis;
(f) how the substance was dealt with after handling by the analyst, including details of:
(i) the quantity retained; or
(ii) the name of the person, if any, to whom any retained
quantity was given; or
(iii) measures taken to secure any retained quantity.
(3) For the purposes of this Act, but subject to subsection (4), a certificate purporting to have been signed under subsection (2) is admissible as prima facie evidence of the matters stated in it.
(4) A certificate referred to in subsection (2) shall not be received in evidence in pursuance of that subsection in any proceedings for an offence against this Act unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecutor to produce the certificate as evidence in the proceedings.
(5) Where, in pursuance of subsection (2), a certificate of an analyst appointed under subsection (1) is admitted in evidence, the person charged may require the analyst to be called as witness for the prosecution and the analyst may be cross-examined as if he had given evidence of the matters in the certificate.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 47K
Service of noticesSECT
47K. (1) Service of a notice under this Act (other than a notice referred to in subsection 16N (1)) that is required or permitted to be served on a person by the Corporation shall be effected by serving the notice, personally or by post, on the person. (2) A notice under this Act that is posted, as a letter, to a person at the last address of the person known to the Corporation shall, for the purposes of the application of section 29 of the Acts Interpretation Act 1901, be deemed to be properly addressed to the person.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 48
DelegationSECT
48. (1) The Corporation may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to a person or to a committee established under section 16, any of its powers under this Act, other than this power of delegation. (2) A power so delegated when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Corporation.
(3) A delegation under this section does not prevent the exercise of a power by the Corporation.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 49
Annual reportSECT
49. (1) The Corporation shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of its operations during the year ended on that date, together with financial statements in respect of that year in such form as the Minister for Finance approves. (2) Without limiting the generality of subsection (1), the Corporation shall include in the report:
(a) an assessment of the extent to which its operations during the year have:
(i) achieved the objectives stated in the corporate plan;
and
(ii) implemented the annual operational plan for the year;
and
(aa) particulars of any quotas sold or allocated during the year, including the names of the holders; and
(b) particulars of:
(i) significant capital works programs undertaken by the
Corporation during the year;
(ii) companies formed by the Corporation, and companies in
whose formation the Corporation participated, during the year;
(iii) shares and securities subscribed for, purchased and
disposed of by the Corporation during the year;
(iv) partnerships entered into by the Corporation during the
year;
(v) joint ventures, and arrangements for the sharing of
profits, entered into by the Corporation during the year;
(vi) significant acquisitions and dispositions of real
property by the Corporation during the year;
(vii) futures trading activities undertaken by the Corporation
during the year; and
(viii) the development and implementation of the Corporation's
equal employment opportunity program during the year.(2A) The particulars required to be included in the report under subparagraph (2) (b) (viii) shall include:
(a) a summary of the action taken by the Corporation during the year to develop and implement its equal employment opportunity program; and
(b) the results of monitoring, evaluation and assessment of the program during the year.(3) Before furnishing financial statements to the Minister under subsection (1), the Corporation shall submit them to the Corporation auditor, who shall report to the Minister:
(a) whether, in his opinion, the statements are based on proper accounts and records;
(b) whether, in his opinion, the statements are in agreement with the accounts and records and show fairly the financial transactions and the state of the affairs of the authority;
(c) whether, in his opinion, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Corporation during the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the Corporation auditor considers should be reported to the Minister.(4) The Minister shall cause copies of the report and financial statements together with a copy of the report of the Corporation auditor to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 50
Export of meat or live-stock without export licence etc.SECT
50. (1) Where a person (other than the Corporation) who is not the holder of a meat export licence exports meat from Australia, the person is guilty of an offence. (2) Subsection (1) does not apply in relation to meat of a kind that is declared by the regulations to be, for the purposes of this Act, meat unfit for human consumption.
(3) Where a person (other than the Corporation) who is not the holder of a live-stock export licence exports live-stock from Australia, the person is guilty of an offence.
(4) The holder of an export licence who, without reasonable excuse (proof of which lies upon him), contravenes or fails to comply with a condition to which the licence is subject is guilty of an offence.
(5) An offence against this section is punishable, on conviction, by a fine not exceeding $100,000 or imprisonment for a period not exceeding 5 years, or both.
(6) An offence against this section is an indictable offence.
(7) Notwithstanding that an offence against this section is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(8) Where, in accordance with subsection (7), a court of summary jurisdiction convicts a person of an offence against this section, the penalty that the court may impose is a fine not exceeding $5,000 or imprisonment for a period not exceeding 12 months, or both.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 50A
False information etc.SECT
50A. A person shall not make a declaration, or furnish information or a return or document, to the Corporation that is, to his knowledge, false or misleading in a material particular.
Penalty: $2,000 or imprisonment for 12 months, or both.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 50B
Person falsely holding himself out to be the holder of licence
etc.SECT
50B. (1) A person who is not the holder of an export licence shall not hold himself out to be the holder of an export licence. (2) A person (other than the Corporation) who is not a holder of a meat export licence shall not represent that he is able to export meat from Australia.
(3) A person (other than the Corporation) shall not make a contract for the carriage of meat, by sea, to a country or place outside Australia unless:
(a) the person is the holder of a meat export licence;
(b) the person makes the contract as the agent of the holder of a meat export licence; or
(c) the person makes the contract with the holder of a meat export licence and, under the contract, the person is to carry the meat, by sea, to the country or place outside Australia.(4) Subsections (2) and (3) do not apply in relation to meat of a kind that is declared by the regulations to be, for the purposes of this Act, meat unfit for human consumption.
(5) A person (other than the Corporation) who is not the holder of a live-stock export licence shall not represent that he is able to export live-stock from Australia.
(6) A person (other than the Corporation) shall not make a contract for the carriage of live-stock, by sea, to a country or place outside Australia unless:
(a) the person is the holder of a live-stock export licence;
(b) the person makes the contract as the agent of the holder of a live-stock export licence; or
(c) the person makes the contract with the holder of a live-stock export licence and, under the contract, the person is to carry the live-stock, by sea, to the country or place outside Australia.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 50C
Forfeiture of goodsSECT
50C. (1) Where a court convicts a person of an offence against this Act in respect of any meat or live-stock, the court may order the forfeiture to the Commonwealth of the meat or live-stock. (2) The forfeiture of any meat under subsection (1) extends to the forfeiture of any covering in which the meat is contained.
(3) Any meat or live-stock forfeited under this section may be sold, or otherwise disposed of, as a person prescribed for the purposes of this subsection thinks fit.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 50D
Certain offences punishable on summary convictionSECT
50D. An offence against section 16C, 47G, 50A or 50B is punishable on summary conviction.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 51
Operation of certain laws not restrictedSECT
51. Nothing in this Act or the regulations restricts the operation of the Customs Act 1901, the Commerce (Trade Descriptions) Act 1905 or the Export Control Act 1982, or of any regulations made under any one or more of those Acts.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 - SECT 52
RegulationsSECT
52. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular:
(a) fees payable in respect of applications for meat export licences or live-stock export licences made under section 16C or in respect of applications for renewal of such licences made under section 16Q;
(b) prescribing procedures in accordance with which disputes relating to the class, grade or quality of meat or live-stock exported from Australia may be settled;
(c) making provision for and in relation to the conduct of the business of, and the convening and conduct of meetings of, a committee appointed under section 16; and
(d) prescribing penalties, not exceeding a fine of $1,000 for offences against the regulations.
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