Marketing of Lamb Amendment Act 1983 (WA)

WESTERN AUSTRALIA.

MARKETING OF LAMB.

No. 73 of 1983.

AN ACT to amend the Marketing of Lamb Act

1971-1981.

[Assented to 22 December 1983.]

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:—

Short title

1. (1) This Act may be cited as the Marketing and citation.

of Lamb Amendment Act 1983.

Act No. 61

(2) In this Act the Marketing of Lamb Act

of 1971 as

amended by

1971-1981 is referred to as the principal Act. Acts Nos. 55 of 1977 and 78 of 1981.

(3) The principal Act as amended by this Act may

be cited as the Marketing of Lamb Act 1971-1983.

No. 73.] Marketing of Lamb. [1983.

Commence-

ment. 2. This Act shall come into operation on a day

to be fixed by proclamation.

Section 4

Section 4 of the principal Act is amended in subsection (1) in the definition of "producer" by deleting "or fattening" and substituting the fol- lowing

amended. 3.

" and finishing ".

Section 15

4.    Section 15 of the principal Act is amended in

emended.

paragraph (e) of subsection (1) by inserting after

"receiving," the following-

" holding, ".

Section 16

amended. 5. Section 16 of the principal Act is amended in

subsection (9) by deleting ", and shall do so when

killing space is at a premium".

Section 10

6.    Section 19 of the principal Act is amended

amended.

(a) in subsection (1), by deleting "Penalty: Two hundred dollars." and substituting the following-

" Penalty-

(a)

for a first offence, $2 000; and

(b)

for any subsequent offence,

$4 000. "; and

(b) in subsection (2), by deleting "ten dollars" and substituting the following-

" $100 ".

1983.] Marketing of Lamb. [No. 73.

7. Section 21A of the principal Act is repealed and substituted.

the following section is substituted

C' Holding and

21A. (1) Where the Board

sale of live

lambs.

(a)	is unable to slaughter or arrange for the slaughter of any lambs of which it becomes the owner; or
(b)	considers any lambs of which it becomes the owner are not suitable for immediate slaughter,

it may

(c)	hold or arrange for the holding of such lambs until they can be slaughtered; or
(d)	with the approval, in writing, of the Minister, sell such lambs live and, until their sale, hold or arrange for the holding of such lambs,

and may for that purpose exercise any of the powers and functions conferred on it by section 15 of this Act.

(2) An approval under subsection (1) (d)

of this section may

(a)	be general or limited to a specific circumstance or circumstances;
(b)	be made subject to such conditions, qualifications and exceptions as are set out in the instrument of approval;

and

(c) be revoked or varied by instrument in writing signed by the Minister.

No. 73.] Marketing of Lamb. [1983.

(3) Where under subsection (1) of this section the Board decides not to slaughter lambs delivered to it, the Board shall take all reasonable steps to notify the person by or for whom the lambs were delivered

(a)	that the lambs are not to be slaughtered by the Board; and
(b)	of the amount the Board will pay that person for the lambs,

and, if the person elects to take redelivery of the lambs the Board shall, unless it is no longer reasonably practicable to do so, permit the person to take redelivery of the lambs at the place at which they were delivered to the Board or at another place agreed between the person and the Board, and upon such redelivery the lambs are, for the purposes of this Act, deemed not to have been delivered to the Board. ".

Section 22

amended. 8. Section 22 of the principal Act is amended in

subsection (9) by deleting "persons" and substitut-

ing the following-

" producers ".

Section 31 9.

Section 31 of the principal Act is amended in paragraph (e) of subsection (2) by deleting "one hundred dollars for offences against the regula- tions." and substituting the following

amended.

C' $1 000 for a first offence, and not exceeding

$2 000 for any subsequent offence, against

any regulation. ".