Live-stock Slaughter (Export Inspection Charge) Collection Regulations (Cth)

Statutory Rules

1979 No. 96

REGULATIONS UNDER THE LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) COLLECTION ACT 19791

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Live-stock Slaughter (Export Inspection Charge) Collection Act 1979.

Dated this twenty-eighth day of June 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Primary Industry

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LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) COLLECTION REGULATIONS

Citation

1. These Regulations may be cited as the Live-stock Slaughter (Export Inspection Charge) Collection Regulations.

Interpretation

2. In these Regulations, unless the contrary intention appears—

“authorized agent” means a person appointed by a proprietor of an abattoir under regulation 5 to be his authorized agent;

“cattle” means bovine animals (including buffaloes);

“Secretary” means the Secretary to the Department of Primary Industry;

“the Act” means the Live-stock Slaughter (Export Inspection Charge) Collection Act 1979.

Manner of payment of charge, &c.

3. The payment of charge and other amounts payable to the Commonwealth under the Act with respect to live-stock slaughtered at an abattoir in a State or Territory shall be made to the Collector of Public Moneys, Department of Primary Industry, at the place the name of which is specified in column 2 of Schedule 1 opposite to the name of the State or Territory in column 1 of that Schedule.

Returns

4. (1) The proprietor of an abattoir shall, on or before the twenty-eighth day in each month, furnish to the Secretary a return signed in accordance with sub-regulation (5) containing the prescribed information with respect to the live-stock slaughtered at that abattoir in the preceding month.

(2) Where in a month no live-stock is slaughtered at an abattoir, the proprietor of the abattoir shall, on or before the twenty-eighth day in the next succeeding month, inform the Secretary in writing of that fact.

(3) For the purposes of sub-regulation (1), the prescribed information is—

(a) the full name and address of the abattoir;

(b) the month of the year in respect of which the information is furnished;

(c) in the case of cattle slaughtered—

(i) the number of carcases the dressed weight of which exceeded 90 kilograms;

(ii) the number of carcases the dressed weight of which exceeded 40 kilograms but did not exceed 90 kilograms; and

(iii) the number of carcases the dressed weight of which did not exceed 40 kilograms;

(d) in the case of sheep slaughtered—the number of carcases;

(e) in the case of pigs slaughtered—the number of carcases;

(f) in the case of goats slaughtered—the number of carcases;

(g) in the case of horses, donkeys and mules slaughtered—the total number of carcases; and

(h) the amount of charge payable in respect of each class of live-stock specified in the Schedule to the Live-stock Slaughter (Export Inspection Charge) Regulations as in force at the relevant time.

(4) In sub-regulation (3), a reference to carcases does not include a reference to carcases which are, in pursuance of a law of the Commonwealth or of a State or Territory, condemned or rejected by an inspector as being unfit for human consumption.

(5) A return furnished by the proprietor of an abattoir in accordance with sub-regulation (1) shall be signed—

(a) by the proprietor or his authorized agent; or

(b) where the proprietor is a company—by a director or the secretary of the company or by the authorized agent of the company.

 

(6) It shall be sufficient compliance with the requirement contained in sub-regulation (1) or (2) that the return or information, as the case may be, be furnished to the Secretary if the return or information is furnished instead to the Collector of Public Moneys, Department of Primary Industry, at the place the name of which is specified in column 2 of Schedule 1 opposite to the name of the State or Territory in column 1 of that Schedule in which the abattoir (being the abattoir to which the return or information, as the case may be, relates) is situated.

Authorized agents

5. (1) The proprietor of an abattoir may, by instrument in writing, appoint a person to be his authorized agent for the purpose of signing the return referred to in sub-regulation 4 (1).

(2) An instrument referred to in sub-regulation (1) shall be in accordance with the form in Schedule 2 and shall be delivered to the Secretary.

Proper records to be kept

6. The proprietor of an abattoir shall keep, or cause to be kept, proper records showing, with respect to the live-stock slaughtered at the abattoir in each month—

(a) in the case of cattle slaughtered—

(i) the number of carcases (not being carcases referred to in paragraph (f)) the dressed weight of which exceeded 90 kilograms;

(ii) the number of carcases (not being carcases referred to in paragraph (f)) the dressed weight of which exceeded 40 kilograms but did not exceed 90 kilograms; and

(iii) the number of carcases (not being carcases referred to in paragraph (f)) the dressed weight of which did not exceed 40 kilograms;

(b) the number of carcases of sheep (not being carcases referred to in paragraph (f));

(c) the number of carcases of pigs (not being carcases referred to in paragraph (f));

(d) the number of carcases of goats (not being carcases referred to in paragraph (f));

(e) the number of carcases of horses, donkeys and mules (not being carcases referred to in paragraph (f)); and

(f) the number of carcases, specified by reference to each class of live-stock specified in the Schedule to the Live-stock Slaughter (Export Inspection Charge) Regulations as in force at the relevant time, that were, in pursuance of a law of the Commonwealth or of a State or Territory, condemned or rejected by an inspector as being unfit for human consumption.

Penalty: $200.

Statement to be furnished at request of the proprietor

7. A person who, during a month, causes live-stock to be slaughtered at an abattoir of which another person is the proprietor shall, when requested in writing by the proprietor, furnish to the proprietor a statement setting out the information required to be recorded by the proprietor under regulation 6 with respect to the carcases of the live-stock so slaughtered.

Form of warrant for authorized person to enter premises

8. For the purposes of section 10 of the Act, the prescribed form of warrant is the form in Schedule 3.

SCHEDULE 1 Regulations 3 and 4

PLACES AT WHICH PAYMENTS MADE AND RETURNS FURNISHED

Column 1	Column 2
Name of State or Territory	Name of Place
New South Wales........................................................	Sydney
Victoria.......................................................................	Melbourne
Queensland.................................................................	Brisbane
South Australia...........................................................	Adelaide
Western Australia........................................................	Perth
Tasmania....................................................................	Hobart
Australian Capital Territory.........................................	Canberra
Northern Territory of Australia.....................................	Canberra

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SCHEDULE 2 Regulation 5

COMMONWEALTH OF AUSTRALIA

Live-stock Slaughter (Export Inspection Charge) Collection Regulations

APPOINTMENT OF AUTHORIZED AGENT

To the Secretary to the

Department of Primary Industry

I,

(Full name and address of proprietor of abattoir)

hereby appoint

(Full name, address and occupation of authorized agent)

a specimen of whose signature appears below, to be my authorized agent for the purpose of signing on my behalf a return prepared for the purposes of sub-regulation 4 (1) of the Livestock Slaughter (Export Inspection Charge) Collection Regulations.

Dated this day of 19 .

(Signature of proprietor or, where the proprietor is a company, signature of a director or the secretary of the company and his designation)

Dated this day of 19 .

(Signature of authorized agent)

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SCHEDULE 3 Regulation 8

LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE) COLLECTION ACT

SEARCH WARRANT UNDER SECTION 10

To: (full name), a person appointed to be an authorized person for the purposes of section 10 of the Live-stock Slaughter (Export Inspection Charge) Collection Act 1979.

WHEREAS, on an application under sub-section 10 (2) of that Act in relation to premises at I, (full name), a Justice of the Peace within the meaning of that expression in section 10 of that Act, am satisfied, by information on oath (or affirmation)—

(a) that there is reasonable ground for believing that there are on the premises books, documents or papers relating to the slaughter of live-stock in respect of which charge is, or may be, payable; and

(b) that the issue of a warrant is reasonably required for the purposes of that Act:

YOU ARE HEREBY AUTHORIZED, with such assistance as you think necessary, to enter the premises at  , during the hours of  (or at any time), if necessary by force, for the purpose of exercising the functions of an authorized person under section 10 of that Act namely, to search for, inspect, take extracts from and make copies of any books, documents or papers relating to the slaughter of live-stock in respect of which charge is, or may be, payable.

AND for so doing, this shall be your sufficient warrant.

Dated this day of 19 .

Justice of the Peace

NOTE

1. Notified in the Commonwealth of Australia Gazette