Meat (Amendment) Act 1988 (ACT)

Case

AUSTRALIAN CAPITAL TERRITORY

Meat (Amendment) Ordinance 1988

No. 19 of 1988

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 28 April 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARY PUNCH

Minister of State for the Arts
and Territories

An Ordinance to amend the Meat Ordinance 1931

Short title

1.  This Ordinance may be cited as the Meat (Amendment) Ordinance 1988.1

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Meat Ordinance 1931.2

Interpretation

3.  Section 4 of the Principal Ordinance is amended—

(a)by omitting “Chairman” from the definition of “authorized person” and substituting “General Manager”; and

(b)by omitting the definition of “Chairman” and substituting the following definition:

“ ‘General Manager’ means the General Manager of the Australian Capital Territory Health Authority;”.

Insertion

4.  After section 5 of the Principal Ordinance the following section is inserted:

Identity card

“5A.  (1)  The Minister shall cause to be issued to each authorised person an identity card that specifies—

(a)the name of the person; and

(b)the capacity in which the person is authorised;

and to which is attached a recent photograph of the person.

“(2)  Upon ceasing to be an authorised person, a person shall not fail, without reasonable excuse, to return to the Minister his or her identity card.

Penalty:  $100.”.

Slaughtering elsewhere than at an abattoir

5.  Section 8 of the Principal Ordinance is amended by omitting “Chairman” and substituting “General Manager”.

Insertion

6.  After section 8 of the Principal Ordinance the following sections are inserted:

Notification of decision

“9.  (1)   Where the General Manager makes a decision under section 8 not to consent to the slaughter of an animal, he or she shall, by notice in writing given not later than 28 days after the date of that decision, inform a person whose interests are affected by the decision of the making of the decision.

“(2)  A notice under subsection (1) shall—

(a)include a statement to the effect that subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and

(b)except where subsection 28 (4) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement pursuant to section 28 of that Act.

“(3)  The validity of a decision referred to in subsection (1) shall not be taken to be affected by a failure to comply with subsection (2).

Review of decision

“9A.  Application may be made to the Administrative Appeals Tribunal for a review of a decision by the General Manager under section 8 not to consent to the slaughter of an animal.”.

Powers of meat inspectors

7.  Section 18 of the Principal Ordinance is amended—

(a)by omitting from subsection (2) “written evidence that he or she is an authorized person and, if he or she” and substituting “the identity card issued to him or her pursuant to subsection 5A (1); and, if the authorised person”; and

(b)by omitting from subsection (4) “written evidence that he or she is an authorized person and, if he or she” and substituting “the identity card issued to him or her pursuant to subsection 5A (1); and, if the authorised person”.

Evidence in proceedings for certain offences

8.  Section 19A of the Principal Ordinance is amended by omitting from subsection (2) “Chairman” and substituting “General Manager”.

NOTES

  1. Notified in the Commonwealth of Australia Gazette on 4 May 1988.

  2. No. 13, 1931 as amended by No. 5, 1933; No. 6, 1940; No. 12, 1950; No. 6, 1953; No. 19, 1966; No. 32, 1968; No. 19, 1975; No. 37, 1976; No. 46, 1978; No. 26, 1979; No. 26, 1985.

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