Meat Hygiene Amendment Act 2001 (TAS)

Meat Hygiene Amendment Act 2001

An Act to amend the Meat Hygiene Act 1985

[Royal Assent 26 April 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Meat Hygiene Amendment Act 2001. 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Meat Hygiene Act 1985 is referred to as the Principal Act. 4Long title amended The long title of the Principal Act is amended by omitting "slaughtering works, poultry abattoirs, game meat processing works, and pet food works, to regulate the standards of hygiene and sanitation at those works," and substituting "meat premises and pet food works, to regulate the standards of hygiene and sanitation at those premises and works". 5Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of abattoir from subsection (1); (b) by omitting the definitions of abattoir animal and abattoir licence from subsection (1) and substituting the following definitions: abattoir animal means an animal that is not living in the wild that is – (a) a bovine animal; or (b) a sheep, pig, goat or deer; or (c) an animal, other than poultry, for which a standard or code is prescribed applicable to licensed meat premises in respect of that animal; approved means approved by the Chief Inspector; (c) by omitting the definitions of game meat processing works and game meat processing works licence from subsection (1); (d) by omitting the definitions of licensed abattoir, licensed game meat processing works and licensed meat premises from subsection (1) and substituting the following definition: licensed meat premises means premises in respect of which a meat premises licence is in force under Part III; (e) by omitting the definitions of licensed poultry abattoir and licensed slaughterhouse from subsection (1); (f) by omitting the definition of meat premises from subsection (1) and substituting the following definitions: meat premises means premises used, or intended to be used, for or in connection with the processing of animals or animal carcasses for the production of meat for human consumption; meat premises licence means a meat premises licence in force under Part III; (g) by omitting "referred to in section 8 " from the definition of pet food works licence in subsection (1) and substituting "in force under Part III "; (h) by omitting the definitions of poultry abattoir and poultry abattoir licence from subsection (1); (i) by omitting the definitions of prescribed standard and recognized abattoir from subsection (1); (j) by omitting the definitions of slaughterhouse and slaughterhouse licence from subsection (1); (k) by omitting the definition of slaughtering works from subsection (1); (l) by omitting from subsection (3) "abattoir, licensed slaughterhouse, licensed poultry abattoir, or licensed game meat processing works" and substituting "meat premises"; (m) by omitting from subsection (4) "abattoir, licensed slaughterhouse, licensed poultry abattoir, or licensed game meat processing works" and substituting "meat premises". 6Section 4 amended (Application of Act) Section 4 of the Principal Act is amended by omitting "slaughtering works, poultry abattoir, game meat processing works," and substituting "meat premises". 7Part III substituted Part III of the Principal Act is repealed and the following Part is substituted: PART IIILicences Division 1General 7Licences (1)  A person must not operate any meat premises unless that person holds a meat premises licence.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  A person must not operate any pet food works unless that person holds a pet food works licence.

Penalty:  Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

8Export Control Act 1982 Any meat premises situated in this State and registered under the Export Control Act 1982 of the Commonwealth are taken to be licensed meat premises. 9Authority of meat premises licence A meat premises licence authorises the holder to do one or more of the following: (a) slaughter abattoir animals to produce meat or meat products; (b) produce meat or meat products from slaughtered abattoir animals; (c) store any meat or meat products produced under paragraph (b); (d) slaughter poultry to produce meat or meat products; (e) produce meat or meat products from slaughtered poultry; (f) store any meat or meat products produced under paragraph (e); (g) produce meat or meat products from game slaughtered in the wild; (h) store any meat or meat products produced under paragraph (g); (i) any other matter the Chief Inspector determines. 10Authority of pet food works licence A pet food works licence authorises the holder to do one or more of the following: (a) slaughter animals or birds for the production of pet food; (b) produce pet food from animals or birds slaughtered; (c) produce pet food from carcasses of animals or birds delivered to the pet food works; (d) store any pet food produced; (e) any other matter the Chief Inspector determines. Division 2Applications 11Application for licence (1)  A person may apply for a – (a) meat premises licence; or (b) pet food works licence. (2)  An application is to be – (a) in an approved form; and (b) accompanied by the prescribed fee; and (c) lodged with the Chief Inspector. (3)  The Chief Inspector may require an applicant to provide further information and documents. 12Grant or refusal of application (1)  The Chief Inspector may – (a) grant an application for a licence; or (b) refuse the application. (2)  The Chief Inspector may refuse to grant an application for a licence if satisfied that – (a) the applicant is unable, or is unlikely, to comply with this Act; or (b) the layout, plant and equipment of the relevant premises are not suitable or unlikely to be suitable for the purpose of the licence; or (c) the applicant was convicted of an offence under – (i) this Act; or (ii) the Export Control Act 1982 of the Commonwealth; or (iii) the Animal Welfare Act 1993; or (iv) any other Act of the Commonwealth or another State or a Territory of the Commonwealth relating to meat hygiene or animal welfare. (3)  In considering an application, the Chief Inspector may consult with, and obtain information from, any person or body he or she considers appropriate. (4)  The Chief Inspector, by notice in writing served on the applicant, is to notify – (a) the granting of the application; or (b) the refusal to grant the application and any reasons for the refusal. 13Conditions of licence (1)  The Chief Inspector may grant an application for a licence subject to any conditions the Chief Inspector considers appropriate. (2)  The Chief Inspector may – (a) impose a new condition on a licence; or (b) vary a condition of a licence; or (c) revoke a condition of a licence. (3)  The Chief Inspector, as soon as practicable after exercising a power under subsection (2), is to give the holder of the licence notice of – (a) the imposition, variation or revocation of the condition; and (b) the reasons for the imposition, variation or revocation. (4)  A holder of a licence must – (a) comply with any condition of the licence; and (b) cause any person in or about the licensed premises to comply with those conditions.

Penalty:  Fine not exceeding 30 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

14Issue of licence If the Chief Inspector grants an application for a licence under section 12(1)(a), the Chief Inspector, on payment of the prescribed fee, is to – (a) issue the licence in an approved form; and (b) endorse the licence with any applicable conditions. 15Duration of licence A licence remains in force for whichever of the following periods is the lesser: (a) the period specified in the licence; (b) a period of 12 months from the date of issue of the licence. 16Renewal of licence (1)  The holder of a licence may apply to the Chief Inspector to renew the licence. (2)  An application is to be – (a) in an approved form; and (b) lodged with the Chief Inspector within 28 days before the licence ceases to be in force; and (c) accompanied by the prescribed fee. (3)  The Chief Inspector may – (a) grant the application for renewal of the licence; or (b) refuse to grant the application. (4)  The Chief Inspector may refuse to grant an application for renewal of a licence if satisfied as to the matters specified in section 12(2). (5)  In considering an application, the Chief Inspector may consult with and obtain information from any person or body he or she considers appropriate. (6)  The Chief Inspector, by notice in writing served on the applicant, must notify – (a) the granting of the application; or (b) the refusal to grant the application and any reasons for the refusal. (7)  Sections 13, 14 and 15 apply to the renewal of a licence as if it were an original licence. 17Surrender of licence (1)  The holder of a licence may surrender the licence by giving notice to the Chief Inspector and returning the licence to that person. (2)  A licence ceases to be in force on its surrender. 18Refund of fees The Chief Inspector may refund the whole or any part of a fee paid in respect of – (a) an application for a licence that is not granted or is withdrawn; or (b) an application for the renewal of a licence that is not granted or is withdrawn; or (c) a licence that is surrendered. 19Cancellation or suspension of licence (1)  The Chief Inspector may cancel a licence if – (a) a substantive condition of the licence has not been complied with; or (b) the issue or renewal of the licence was obtained improperly; or (c) the holder of the licence is convicted of an offence under – (i) this Act; or (ii) the Export Control Act 1982 of the Commonwealth; or (iii) the Animal Welfare Act 1993; or (iv) any other Act of the Commonwealth or another State or a Territory of the Commonwealth relating to meat hygiene or animal welfare. (2)  The Chief Inspector may suspend a licence for a period not exceeding 12 months or any further period the Chief Inspector considers appropriate if – (a) a minor condition of the licence has not been complied with; or (b) a direction under section 33 has not been complied with; or (c) a notice under section 34(2) has not been complied with; or (d) a fee that is prescribed in the regulations has not been paid; or (e) regulation 8(6)(b) of the regulations has not been complied with. (3)  Before making a decision to cancel or suspend a licence, the Chief Inspector is to consult with, and obtain any relevant information from, the holder of the licence. (4)  The Chief Inspector, by notice in writing served on the holder of the licence, is to notify the cancellation or suspension of the licence with reasons for the cancellation or suspension. (5)  The cancellation or suspension of a licence takes effect – (a) if an appeal is not lodged under section 24, 14 days after the service of the notice; or (b) if an appeal is lodged under section 24 and a magistrate makes an order under section 25(1)(a), on the day the order was made. 20Variation of licences (1)  The Chief Inspector, on his or her own volition or on application, may vary a licence by adding, omitting, substituting or amending any condition of the licence. (2)  The Chief Inspector, by notice in writing served on the holder of a licence, is to notify any variation of the licence. (3)  The variation of a licence takes effect – (a) if an appeal is not lodged under section 24, 14 days after the service of the notice; or (b) if an appeal is lodged under section 24 and a magistrate makes an order under section 25(1)(a), on the day the order was made. 21Transfer of licence (1)  The holder of a licence may apply to the Chief Inspector for approval to transfer the licence for the remaining period of the licence. (2)  An application is to be – (a) in an approved form; and (b) accompanied by the prescribed fee. (3)  The Chief Inspector may – (a) grant the application for a transfer; or (b) refuse the application. (4)  The Chief Inspector may refuse the application if satisfied that – (a) the holder of the licence has not complied with the conditions of the licence; and (b) the person to whom the licence is to be transferred has been convicted of an offence under – (i) this Act; or (ii) the Export Control Act 1982 of the Commonwealth; or (iii) the Animal Welfare Act 1993; or (iv) any other Act of the Commonwealth or another State or a Territory of the Commonwealth relating to meat hygiene or animal welfare. (5)  The Chief Inspector, by notice in writing, is to notify the holder of the licence of the approval or refusal to approve the transfer of the licence. (6)  A licence transferred under this section continues to be subject to the same conditions in force immediately before the transfer. Division 3Records 22Keeping records The holder of a licence must keep records on the operation of the meat premises or pet food works to which the licence relates in an approved manner.

Penalty:  Fine not exceeding 10 penalty units.

23Inspection of records (1)  An inspector may require a person to produce any record required to be kept under this Act. (2)  An inspector may – (a) examine any record produced under subsection (1); and (b) remove the record for the purpose of paragraph (c); and (c) take extracts from, or copies of, the record by any means; and (d) require the holder of a licence or any employee of the holder to produce any of those records in his or her possession or under his or her control. Division 4Appeals 24Appeals (1)  A person may appeal to a magistrate against the Chief Inspector’s decision to – (a) refuse to grant an application for a licence; or (b) refuse to grant an application for the renewal of a licence; or (c) impose any condition on a licence; or (d) suspend a licence; or (e) cancel a licence; or (f) refuse to grant an application for the transfer of a licence; or (g) vary a condition of a licence. (2)  An appeal under – (a) subsection (1)(a) is to be made within 14 days after the service of a notice under section 12(4); or (b) subsection (1)(b) is to be made within 14 days after the service of a notice under section 16(6); or (c) subsection (1)(c) is to be made within 14 days after the service of a notice under section 13(3); or (d) subsection (1)(d) is to be made within 14 days after the service of a notice under section 19(4); or (e) subsection (1)(e) is to be made within 14 days after the service of a notice under section 19(4); or (f) subsection (1)(f) is to be made within 14 days after the service of a notice under section 21(5); or (g) subsection (1)(g) is to be made within 14 days after the service of a notice under section 13(3). (3)  The hearing of an appeal is open to the public. (4)  A party to an appeal may be represented at the hearing of the appeal by another person. 25Determination of appeal (1)  On the hearing of an appeal, the magistrate may make any of the following orders: (a) an order confirming the decision; (b) an order revoking the decision; (c) an order substituting the decision with another decision. (2)  The decision of the magistrate on the hearing of an appeal is final. Division 5Register 26Register (1)  The Chief Inspector is to keep a register of licences. (2)  The Chief Inspector is to register details of the following: (a) licences; (b) transfer of licences; (c) renewal of licences; (d) conditions of licences; (e) variation of conditions of licences; (f) suspension of licences; (g) cancellation of licences; (h) surrender of licences. 26ACorrection of register (1)  The Chief Inspector may correct any error or omission in the register by – (a) inserting an entry; or (b) amending an entry; or (c) deleting an entry. (2)  The Chief Inspector is to notify the appropriate licensee of any correction made to the register that may affect any licence issued. 26BInspection of register (1)  The Chief Inspector is to make the register available for inspection during normal business hours. (2)  Any person, on payment of the prescribed fee, may – (a) inspect the register; and (b) obtain an extract of an entry in the register; and (c) obtain a copy of anything registered in the register. 8Section 28 amended (Powers of inspectors) Section 28 of the Principal Act is amended as follows: (a) by inserting in subsection (1)(a) "or licensed pet food works" after "premises"; (b) by inserting in subsection (1)(c) ", licensed pet food works" after "inspect any licensed meat premises"; (c) by inserting in subsection (1)(c) ", licensed pet food works" after "in any licensed meat premises"; (d) by inserting in subsection (1)(d) ", licensed pet food works" after "premises"; (e) by inserting in subsection (1)(e) ", licensed pet food works" after "premises"; (f) by inserting in subsection (1)(f) ", licensed pet food works" after "photograph any licensed meat premises"; (g) by inserting in subsection (1)(f) ", licensed pet food works" after "on any licensed meat premises"; (h) by inserting in subsection (1)(g) ", licensed pet food works" after "premises"; (i) by inserting in subsection (1)(h) ", licensed pet food works" after "premises"; (j) by omitting from subsection (2) "meat premises" twice occurring and substituting "meat premises or licensed pet food works". 9Section 29 amended (Power of inspectors to require inspection or additional inspection) Section 29(1) of the Principal Act is amended by omitting ", or in any meat vehicle is unfit for human consumption or unfit for consumption by pets, or both, he may, by notice in writing served on the holder of a licence in respect of those meat premises, or on the person apparently in charge of those meat premises or that meat vehicle or by direction given orally to any such holder or person, require him to submit the meat, meat product, or pet food on those meat premises or in that meat vehicle for inspection, without fee, at those meat premises" and substituting "or licensed pet food works or in any meat vehicle is unfit for human consumption or unfit for consumption by pets, or both, the inspector, by notice in writing served on the holder of a licence in respect of those meat premises or pet food works, or on the person apparently in charge of those meat premises or pet food works or that meat vehicle or by direction given orally to any such holder or person, may require him or her to submit the meat, meat product or pet food on those meat premises or pet food works or in that meat vehicle for inspection, without fee, at those meat premises or pet food works". 10Section 30 amended (Condemning of animals, &c.) Section 30 of the Principal Act is amended as follows: (a) by inserting in subsection (1) ", licensed pet food works" after "premises"; (b) by inserting in subsection (2) ", licensed pet food works" after "premises". 11Section 33 amended (Power of inspectors to give directions and perform prescribed functions) Section 33 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "licence in respect of meat premises or the person apparently in charge of licensed meat premises" and substituting "meat premises licence or a pet food works licence or the person apparently in charge of those premises or works"; (b) by omitting paragraph (a) from subsection (1) and substituting the following paragraph: (a) the preparation of animals and poultry for slaughtering, the slaughtering of animals and poultry, the production of meat, meat products or pet food and associated procedures carried out at the licensed meat premises or licensed pet food works; and (c) by inserting in subsection (1)(b) "or licensed pet food works" after "premises"; (d) by inserting in subsection (1)(c) "or licensed pet food works" after "premises"; (e) by omitting from subsection (2)(a) "of any procedure carried out at those meat premises" and substituting "or licensed pet food works of any procedure carried out at those premises or works"; (f) by inserting in subsection (4) ", licensed pet food works" after "premises". 12Section 34 amended (Notice relating to condition of meat premises) Section 34 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "any procedure relating to the operation of any licensed meat premises is insanitary or unhygienic, the inspector may, by notice in writing" and substituting "licensed pet food works or any procedure relating to the operation of those premises or works is insanitary or unhygienic, the inspector may, by notice in writing"; (b) by inserting in subsection (1)(b) "or licensed pet food works" after "premises"; (c) by omitting from subsection (2) "any procedure relating to the operation of any meat premises is insanitary or unhygienic, the Chief Inspector may, by notice in writing served on the person apparently in charge of the licensed meat premises" and substituting "licensed pet food works or any procedure relating to the operation of those premises or works is insanitary or unhygienic, the Chief Inspector may, by notice in writing served on the person apparently in charge of those premises or works"; (d) by inserting in subsection (2)(b) "or licensed pet food works" after "premises"; (e) by inserting in subsection (5) " subsection (1) or" after "under". 13Section 36 repealed Section 36 of the Principal Act is repealed. 14Section 47 amended (Prohibition on slaughter of animals, &c.) Section 47 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsection: (1)  A person must not slaughter any abattoir animal or poultry, or cause any abattoir animal or poultry to be slaughtered, for the production of meat or a meat product except at licensed meat premises.

Penalty:  Fine not exceeding 10 penalty units.

15Sections 48, 49 and 50 substituted Sections 48, 49 and 50 of the Principal Act are repealed and the following section is substituted: 50Prohibition on certain meat A person must not bring any meat or meat product into licensed meat premises unless that meat or meat product has been passed as fit for human consumption by an inspector or a person authorised under section 6(7) .

Penalty:  Fine not exceeding 50 penalty units.

16Section 52 amended (Prohibition of sale of meat, &c., in certain circumstances) Section 52(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "a licensed abattoir and passed by an inspector as" and substituting "licensed meat premises and is"; (b) by omitting paragraphs (b) and (c) and substituting the following paragraph: (b) it was produced in another State or a Territory of the Commonwealth at premises licensed under any Act of the Commonwealth or of another State or a Territory of the Commonwealth and is fit for human consumption. 17Section 55 repealed Section 55 of the Principal Act is repealed. 18Section 57 amended (Offence relating to having meat in vehicles) Section 57 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) "a licensed abattoir and passed by an inspector as" and substituting "licensed meat premises and is"; (b) by omitting paragraphs (b) and (c) from subsection (1) and substituting the following paragraph: (b) it was produced in another State or a Territory of the Commonwealth at premises licensed under any Act of the Commonwealth or of another State or a Territory of the Commonwealth and is fit for human consumption; or (c) by omitting paragraph (b) from subsection (2) and substituting the following paragraph: (b) it was produced in another State or a Territory of the Commonwealth at premises licensed under any Act of the Commonwealth or of another State or a Territory of the Commonwealth and is fit for consumption by pets; or 19Section 58 amended (Offence relating to sale of certain pet foods) Section 58 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  A person must not sell any pet food unless – (a) it was produced at licensed meat premises or licensed pet food works; or (b) it was produced in another State or a Territory of the Commonwealth at premises licensed under any Act of the Commonwealth or of another State or a Territory of the Commonwealth and is fit for consumption by pets. 20Section 63 amended (Indictable offences) Section 63(1) of the Principal Act is amended by omitting " section 30 (6), 48, 50 (1), or 62 " and substituting " section 30(6) or 62 ". 21Section 66 amended (Evidence) Section 66(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (c) "abattoir, licensed slaughterhouse, licensed poultry abattoir, licensed game meat processing works, or recognized abattoir" and substituting "meat premises"; (b) by omitting from paragraph (d) "abattoir, licensed slaughterhouse, licensed poultry abattoir, licensed game meat processing works, or recognized abattoir" and substituting "meat premises"; (c) by inserting in paragraph (f) "or licensed pet food works" after "premises". 22Section 71 amended (Regulations) Section 71(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (d) "abattoir, licensed slaughterhouse, licensed poultry abattoir, and licensed game meat processing works" and substituting "meat premises"; (b) by omitting paragraph (i); (c) by omitting from paragraph (l) "abattoir, licensed slaughterhouse, licensed poultry abattoir," and substituting "meat premises"; (d) by omitting from paragraph (m) "abattoir, licensed slaughterhouse, licensed poultry abattoir," and substituting "meat premises"; (e) by omitting from paragraph (n) "abattoir, licensed slaughterhouse, licensed poultry abattoir," and substituting "meat premises"; (f) by omitting from paragraph (q) "abattoir, licensed slaughterhouse, licensed poultry abattoir," and substituting "meat premises"; (g) by omitting from paragraph (s) "game meat processing works" and substituting "meat premises"; (h) by omitting from paragraph (t) "game meat processing works" and substituting "meat premises"; (i) by omitting paragraph (w); (j) by omitting from paragraph (x) "abattoir, licensed slaughterhouse, licensed poultry abattoir, and licensed game meat processing works" and substituting "meat premises"; (k) by omitting paragraph (zh). 23SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "abattoir, licensed slaughterhouse, licensed poultry abattoir, licensed game meat processing works," on the number of occurrences specified in Column 2 of that Schedule and substituting "meat premises". Schedule 1Substitutions

Section 23

Column 1

Provision amended

Column 2

Number of occurrences

Section 71(2)(a)

1

Section 71(2)(b)

1

Section 71(2)(c)

1

Section 71(2)(e)

1

Section 71(2)(g)

1

Section 71(2)(k)

1

Section 71(2)(o)

1

Section 71(2)(p)

1

[Second reading presentation speech made in:

House of Assembly on 29 MARCH 2001

Legislative Council on 3 APRIL 2001]