Commonwealth Powers (Poultry Processing) Act 1993 (NSW)

COMMONWEALTH POWERS (POULTRY PROCESSING) ACT

1993 No. 100

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Reference of matters relating to poultry processing
4. Termination of reference

COMMONWEALTH POWERS (POULTRY PROCESSING) ACT

1993 No. 100

NEW SOUTH WALES

Act No. 100, 1993

An Act to refer to the Parliament of the Commonwealth certain legislative power relating to the slaughter of poultry and the processing of poultry meat; and for other purposes. [Assented to 2 December 1993]

Commonwealth Powers (Poultry Processing) Act 1993 No. 100

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Commonwealth Powers (Poultry

Processing) Act 1993.

Commencement

1. This Act commences on a day to be appointed by proclamation.

Reference of matters relating to poultry processing
3. The following matters, to the extent to which they are not otherwise included in the legislative powers of the Commonwealth, are referred to the Parliament of the Commonwealth for a period commencing on the day on which this Act commences and ending on the day fixed, under section 4, as the day on which the reference made by this Act is to terminate, but no longer:

(a) the regulation, for the purpose only of ensuring its fitness for human consumption, of operations for:

(i) the slaughtering of poultry; and

(ii)  the processing, packaging and handling of poultry meat on slaughter premises;

(b) the consequential regulation on slaughter premises of the creation of by-products from those operations that are not suitable for human consumption but which may be suitable, for example, as pet food;

(c) the inspection of those operations and slaughter premises;

(d)	the handling, disposal and seizing of poultry and poultry meat that is found, on slaughter premises, to be unfit for human consumption;
(e)	the regulation of vehicles used to convey poultry or poultry meat, and their inspection at slaughter premises, for the purpose only of ensuring their fitness to be used to convey poultry or poultry meat for human consumption;
(f)	the regulation and inspection of poultry meat brought into the State for sale (including any packaging in which the poultry meat is contained) for the purpose only of ensuring its fitness for human consumption;
(g)	the payment of fees and charges (including charges that are taxes) in connection with any of the matters referred to in paragraphs
(a) –(f); Commonwealth Powers (Poultry Processing) Act 1993 No. 100

(h) matters ancillary or incidental to the matters referred to in paragraphs (a)–(g).

(2) In this section:

“poultry” means any live or dead bird of any species, other than a

bird taken or killed in contravention of the National Parks and

Wildlife Act 1974;

“poultry meat” means the whole or any part of:

(a) the carcase of any poultry; and

(b) the viscera, heart, liver and gizzard of any poultry;

“premises” includes any part of a building or structure or an area of

land;

‘‘regulation” includes licensing (whether of operations, persons or

premises) or prohibiting;

“slaughter premises” means premises used or intended to be used for or in connection with the slaughtering of poultry for human consumption and includes holding yards and similar places and buildings at those premises used or intended to be used in or in connection with the slaughtering, handling or keeping of poultry for

human consumption.

Termination of reference

4.    The Governor may, at any time, by proclamation, fix a day as the

day on which the reference under this Act is to terminate.

[Minister's second reading speech made in–

Legislative Assembly on 10 November I993 Legislative Council on I9 November 1993]