Beef Industry Committee Act Amendment Act (No. 2) 1975 (WA)

WESTERN AUSTRALIA.

BEEF INDUSTRY

COMMITTEE (No. 2).

No. 83 of 1975.

AN ACT to amend the Beef Industry Committee Act,

1974-1975.

[Assented to 17th November, 1975.]

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

1. (1) This Act may be cited as the Beef Industry Committee Act Amendment Act (No. 2), 1975.	Short title
anti citation.

(2) In this Act the Beef Industry Committee Act,

1974-1975 is referred to as the principal Act.

The principal Act as amended by this Act may be cited as the Beef Industry Committee Act, 1974-

(3)

No. 83.] Beef Industry Committee [1975.

(No. 2).

Section 3

amended. 2. Section 3 of the principal Act is amended by inserting before the interpretation "member" an interpretation as follows

"adjudicator" means a beef sales adjudicator

appointed under section 6C of this Act; .

Section 6A

added.

3. The principal Act is amended by adding after

section 6 a section as follows—

Reraunera-

train and	6A. (1) Subject to subsection (2) of this
allowances

section any person who is a member of the Committee or the deputy of such a member, or an adjudicator, shall be paid such remuneration and allowances as the Governor determines.

(2) The remuneration and allowances to be paid to a person to whom the Public Service Act, 1904 applies shall not be determined under subsection (1) of this section without the approval of the Public Service Board established under that Act. .

Section BB

added.

4. The principal Act is amended by adding after

section 6 a section as follows

Secretary to

Committee. 6B. (1) There shall be a secretary to the

Committee who shall be appointed by the

Governor.

(2) The secretary to the Committee may hold office as such in conjunction with an office in the Public Service of the State but acceptance of or holding, the office of secretary to the Committee shall not of itself render the provisions of the Public Service Act, 1904, the Government Employees (Promotions Appeal Board) Act, 1945 or the Superannuation and Family Benefits Act, 1938 applicable to him.

Where a person appointed to, or holding, the office of secretary to the Committee is not an officer under the Public Service Act, 1904 the term of his appointment, the conditions of his service, and the remuneration and allow- ances payable to him, shall be such as the Governor determines. .

(3)

1975.] Beef Industry Committee [No. 83.

(No. 2).

Section 6C

5. The principal Act is amended by adding after added.

section 6 a section as follows-

6C. (1) The Committee may, with the Adjudicators.

approval of the Minister, appoint persons to be beef sales adjudicators for the purposes of this Act.

(2) A person appointed pursuant to sub- section (1) of this section shall be furnished with a certificate of appointment signed by the Minister and shall produce that certificate if and when requested to do so whilst exercising his powers or functions, or discharging his duties, under this Act. .

Section 7

6.    The principal Act is amended by repealing repeated and

section 7 and re-enacting that section as follows— re-enacted.

7. No liability shall attach to a member of ii=unity

the Committee or the deputy of such a member, liability.

or the secretary to the Committee, or an adjudicator, or any person authorized by the Minister pursuant to section 8A of this Act for any act or omission by him, or by the Committee, in good faith and in the exercise or purported exercise of his or its powers or functions, or in the discharge or purported discharge of his or its duties under this Act. .

Section Et

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

(a) by adding after subsection (1) a subsection as follows

(la) The Committee may, under sub- section (1) of this section, fix minimum prices for which beef may be bought or sold that vary according to the area of the State in which the transaction takes place. ;

(b) by adding after the word "range" in the last line of subsection (2) the words "unless that beef is bought or sold pursuant to a written permit issued by an adjudicator"; and

No. 83.] Beef Industry Committee [1975.

(No. 2).

(c) by adding after subsection (4) a subsection

as follows

(5) Where an adjudicator makes a

determination as to

(a)	any matter relating to the classification of beef into classes or weight ranges;
(b)	any question as to whether or not a person is buying beef with the intention of re-selling that beef; or
(c)	any question as to whether or not a person is buying an animal for the purposes of immediate or proximate slaughter,

that determination shall be final and conclusive for the purposes of this Act. .

Section SA

added. 8. The principal Act is amended by adding after

section 8 a section as follows-

Management

of beef 8A. (1) The Committee may, with the

supplies.	approval of the Minister, formulate and implement such schemes of management as it considers necessary in order to regulate the supply of beef to saleyards and abattoirs.
(2) The Governor may make regulations prescribing all such matters as appear to him to be necessary or convenient to be prescribed in order to enable the Committee to carry out its functions under subsection (1) of this section and, without limiting the generality of the foregoing, the Governor may so make regulations

(a) requiring beef producers to inform the Committee, or a person authorized in writing by the Minister to act on behalf of the Committee, of their intention to deliver beef to a saleyard or abattoir

1975.] Beef Industry Committee [No. 83.

(No. 2).

and of the number of head of beef intended to be delivered and of the time at which delivery is intended to be made;

(b)	requiring proprietors of abattoirs, auctioneers and purchasers of beef for re-sale, or their respective agents, to keep such records as are prescribed and to make such records available for inspection when requested to do so by a person who produces a written authority signed by the Minister authorizing him to make such a request;
(c)	requiring proprietors of abattoirs, auctioneers and purchasers of beef for re-sale, or their respective agents, to make such returns as are prescribed to the Committee or a person acting on behalf of the Committee.

(3) Regulations under paragraph (a) or (c) of subsection (2) of this section may require information or returns to be furnished at or within such time or period as is prescribed and may require information or returns to be veri- fied by statutory declaration.

Regulations made under this section may

impose penalties not exceeding fifty dollars for

any breach of the regulations.

(4)

(5) In this section the term "beef" means beef of the classes and weight ranges for the time being specified in a public notice published under subsection (1) of section 8 of this Act. .

9. Section 9 of the principal Act is amended by =1,°d'a

substituting for the passage "the thirty-first day of December, 1975 or on such earlier" the word "such".