Meat Industry Act Amendment Act 1973 (Qld)

107 Qnvenslant^ ANNO VICESIMO SECUNDO ELIZA ET AE SECUNDAE REGINAE No. 16 of 1973 An Act to amend the Meat Industry Act 1965-1969 in certain par ticulars [ASSENTED TO 13TH APRIL, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Meat Industry Act Amendment Act 1973. (2) The Meat Industry Act 1965-1969 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Meat Industry Act1965-1973.

108 Meat Industry Act Amendment Act 1973, No. 16 2. Commencement . This Act shall come into operation on a date appointed by Proclamation. 3. Amendment of s. 4. Section 4 of the Principal Act is amended by- (a) inserting after the expression " PART V-DISTRICT ABATTOIR BOARDS (ss. 39-67);" the expression " PART VA-REGIONAL MEAT AREAS (ss. 67A-67B);"; (b) omitting the figures " 107 " and inserting in their stead the figures " 103 ". 4. A by- of s. 6. Section 6 of the Principal Act is amended (a) in su:section (1), (i) omitting the definition " Abattoir " and inserting in its stead the following definition :- " "Abattoir "-A slaughtering place licensed as an abattoir under this Act;"; (ii) in the definition "Appliance ", inserting after the words " a poultry slaughterhouse " the words ", a public meat-market, a vehicle "; (iii) in the definition " Boiling down works " omitting the second paragraph; (iv) in the definition " Butcher's shop ", omitting the words " or the preparation for sale or sale" where they occur immediately before the words " or carriage "; (v) inserting after the definition " " District Abattoir Board " or " District Board " " the following definition- Dress "-In relation to- (a) slaughtered stock except swine means to remove from the carcass the head, hide or skin, viscera (other than kidneys), genital organs, urinary bladder and feet or any of those parts; (b) slaughtered swine means to remove from the carcass the hair and scurf, viscera (other than kidneys), genital organs, urinary bladder and hoofs or any of those parts: The term applies whether. or not the animal is dressed for its meat or flesh;"; (vi) in the definition " Flesh ", adding the words " whether in its natural state or prepared by freezing, chilling, preserving, salting or other process "; (vii) inserting after the definition " Horse " the following definition:- Inspection "-Includes any inspection, investigation, survey, review or examination performed by an inspector for the purposes of this Act;" ; (viii) inserting after the definition " Kangaroo depot " the following definition :- " " Knacker's yard "--A place licensed as a knacker's yard under this Act; ";

Meat Industry Act Amendment Act 1973 , No. 16 109 (ix) omitting the definition " Meat " and inserting in its stead the following definition:- " " Meat "-The whole or any portion of that part of the carcass of any stock that is ordinarily used or consumed for the food of man, whether in its natural state or prepared by freezing, chilling, preserving, salting or other process : Except where otherwise prescribed the term includes poultry meat;"; (x) in the definition " Owner ", inserting after the word " definition: " the words:- " In relation to any stock, carcass or meat, the term includes the person who is the manager or agent of the owner or who for the time being has custody of the stock, carcass or meat in question: "; (xi) omitting the definition " Poultry meat " and inserting in its stead the following definition " " Poultry meat "-The whole or any portion of that part of the carcass of any poultry that is ordinarily used or consumed for the food of man, whether in its natural state or prepared by freezing, chilling, preserving, salting or other process;"; (xii) omitting the definition " Poultry slaughter-house " and inserting in its stead the following definition:- " " Poultry slaughter-house "-A slaughtering place licensed as a poultry slaughter-house under this Act; "; (xiii) omitting the definition. " Public meat-market " and inserting in its stead the following definition:-- " " Public meat-market "-In relation to any public abattoir area, district abattoir area or regional meat area, any place licensed as a public meat-market under this Act;"; (xiv) inserting after the definition " Public saleyards " the following definition:- " Reggiioonnaall meat area "-A regional meat area constituted under this Act;"; (xv) inserting after the definition " Sell " the following definition:- Slaughter "-In relation to any animal includes the operation of stunning, killing or bleeding or a combination of those operations to render the animal lifeless;"; (xvi) omitting the definition " Slaughter-house " and inserting in its stead the following definition:- " Slaughter-house "-A slaughtering place licensed as a slaughter- house under this Act;"; (xvii) inserting after the definition " Slaughter-house " as inserted by this Act the following definition:- " " Slaughtering place "-A place used or intended to be used for or in connexion with the slaughtering of animals and the dressing of carcasses of animals slaughtered therein for sale for human consumption: The term includes holding yards and like places used in or in connexion with the slaughtering of animals and the dressing of carcasses of animals slaughtered therein;"; (b) omitting subsections (2) and (3).

110 Meat Industry Act Amendment Act 1973, No. 16 5. I - it of s. 8. Section 8 of the Principal Act is amended by, in subsection (1), (a) omitting paragraph (d) and inserting in its stead the following paragraph:- (d) prescribe any meats to be prescribed meats in addition to or substitution for meats defined by this Act or prescribed by a prior Order in Council to be prescribed meats or omit meats from those meats so defined or prescribed; "; (b) omitting paragraph (g). 6. Repeal of s. 9. The Principal Act is amended by repealing section 9. 7. Repeal of and new s. 19. The Principal Act is amended by repealing section 19 and inserting in its stead the following section:- 19. Powers, leg, r Authority. (1) The Authority shall take all such steps nd do all such things as it thinks necessary or desirable for the purposes of or connected with the protection, preservation and expansion of the meat industry in the State in the public interest and in particular shall plan and control the orderly development of slaughtering and treatment facilities throughout the State with a view to- (a) ensuring an adequate level of competition- (i) for the slaughtering of stock; (ii) in the marketing of meat and by-products; (b) promoting wider inspection of meat for human consumption; (c) improving the standard of hygiene in the slaughtering and dressing of stock and meat for human consumption. (2) For the purposes of subsection (1) the Authority- (a) may make recommendations to the Minister with respect to- (i) the declaration of any area in the State as a public abattoir area or district abattoir area and the constitution of Boards in relation thereto; (ii) the declaration of any,area in the State as a regional meat area; (iii) the abolition, dissolution, subdivision, amalgamation or other alteration of any public abattoir area, district abattoir area or regional meat area; (b) may grant approval to the slaughtering of stock, the sale or storage of meat or the marking of any meat to be stored or sold within any public abattoir area, district abattoir area or regional meat area, or to the introduction of meat into any of those areas; (c) may negotiate and enter into contracts or agreements with Public Abattoir Boards, District Abattoir Boards or the owners of private abattoirs for the provision of slaughtering, dressing and allied services for any public abattoir area, district abattoir area or regional meat area;

Meat Industry Act Amendment Act 1973, No. 16 111 (d) may provide, maintain, lease or operate facilities for the sale of stock, the slaughtering of stock and the dressing of carcasses of stock and such other facilities as are considered desirable in connexion with the sale of stock, and the treatment, preparation and sale of meat for human consumption in. regional meat areas or promote and encourage the provision of those facilities by other persons; (e) may exercise such supervision and take such action as it thinks necessary to co-ordinate the provision, operation, maintenance and development of public abattoirs, district abattoirs, public meat-markets and public saleyards in any public abattoir area or, as the case may be, district abattoir area and may make such recommendations to the Minister as the Authority thinks necessary in relation thereto; (f) may record in respect of any abattoir its effective operating capacity in relation to its activities, including slaughtering, chilling, boning out, freezing and meat- marketing, and require from any abattoir submission of such returns in respect of its usage and at such annual or other periodical intervals as the Authority thinks necessary; (g) may encourage research directed towards the improvement of the design of abattoirs, slaughter- houses, poultry slaughter-houses, boiling down works, knackers' yards or saleyards and their operation and practices; (h) may make such investigations and take such other action as it thinks necessary to obtain full information in respect -of any matters referred to in this subsection. (3) The Authority for the purposes of and subject to this Act- (a) may by purchase, lease, grant or otherwise acquire and hold land and purchase, construct, maintain and alter buildings, plant, machinery and other works or improvements; (b) may lease or let any land vested in or acquired by it or any improvements thereon; (c) may make or enter into contracts or agreements with any person for the performance of services or the supply of goods, machinery or material; (d) may from time to time borrow money- (i) from the Treasurer; (ii) by the sale of debentures; (iii) partly in one and partly in the other of the ways specified in subparagraphs (i) and (ii), and the provisions of this Act with respect to the borrowing of money by a public Abattoir Board shall apply and extend to the Authority as if the Authority were a Public Abattoir Board duly constituted under this Act;

112 meat industry Act Amendment Act 1973, No. 16 (e) may take all such steps and do all such things as in its opinion are necessary or convenient for the exercise and performance of its powers, authorities, duties and functions. (4) (a) The Authority shall have and may exercise jurisdiction under this Act with respect to the grant, renewal, transfer, cancellation or suspension of a licence for an abattoir, slaughter- house, public meat-market, poultry slaughter-house or knacker's yard. The procedure with respect to the conduct of business by the Authority under this subsection shall be as prescribed. (b) (i) A person aggrieved by a decision of the Authority in the exercise of its jurisdiction under paragraph (a) may appeal therefrom to a Judge of-District Courts who shall have jurisdiction to hear and determine the appeal and whose decision thereon shall be final and be given effect to by the Authority. (ii) An appeal shall be by way of re-hearing, and shall be instituted within twenty-one days after the date on which notification of the decision has been served on the person aggrieved and no later, by filing a notice of appeal in the registry of the District Court in which the appeal is to be heard and by complying with any rules of court made with respect thereto. (iii) Rules of court may be made under the DistrictCourtsAct 1967-1972 with respect to the institution, conduct and disposal of an appeal. (5) (a) The consent of the Authority under Part VIII or Part X=- (i) shall be in such` form and subject to such conditions (including the payment of fees) as the Authority determines; (ii) may be given to persons generally or to persons in a specified class; (iii) may be given or rescinded by notification published in the Gazette; (iv) subject to subparagraph (iii) may be rescinded at any time by notice in writing. (b) The Authority may from time to time by resolution delegate to its Chairman power to give consents under Part VIII or Part X. (c) (i) A person aggrieved by the refusal of the Authority to give a consent under Part VIII or Part X may appeal to the Minister from that decision. (ii) An appeal shall be by way of notice in writing given within seven days after the date on which the decision is served, and no later. (iii) The notice shall set out briefly the grounds of appeal. (iv) The Minister shall upon making such inquiries as he considers necessary determine the appeal and his decision shall be final and binding on all parties.". (6) For the purpose of the exercise by the Authority of its jurisdiction under this Act any member of the Authority and any servant or agent of the Authority may at all reasonable times

Meat Industry Act Amendment Act 1973, No. 16 113 enter any place licensed under this Act as an abattoir, slaughter- house, public meat-market, poultry slaughter-house or knacker's yard or any place in respect of which an application for any such license has been made and examine any such place and all appurtenances thereto and appliances therein. 8. Repeal of and new s. 20. The Principal Act is amended by repealing section 20 and inserting in its stead the following section:- " 20. Approvals by Authority. (1) Application may be made as prescribed to the Authority for approval of the slaughtering of stock and the dressing of carcasses of stock, for human consumption in any public abattoir area, district abattoir area or regional meat area- (a) by the owner of a private abattoir with respect to that private abattoir; (b) by the Board of any public abattoir or district abattoir conducted by that Board with respect to the public abattoir or district abattoir of the Board. A Board shall not be required to make an application under this subsection in respect of the slaughtering of stock or the dressing of carcasses of stock, for human consumption in the abattoir area for which that Board is constituted. (2) The Authority may approve or refuse any application under this section. Where an application is approved the Authority shall issue a -,crtifieate of approval in the prescribed form. (3) The Authority may impose such conditions or restrictions as it thinks fit in respect of any approval granted by it under this section and may at any time amend the conditions or restrictions so imposed by altering or varying them, adding to them or deleting from them. (4) The Authority shall not grant an approval under this section unless it is satisfied- (a) that a full-time meat inspection service is provided and maintained at the abattoir the subject of the application at all times during which stock are being slaughtered or the carcasses of stock are being dressed, by inspectors appointed under this Act or by officers within the meaning of that term as defined in the Commerce (Trade Descriptions) Act1905-1966 of the Commonwealth or by both; . (b) by a certificate of the Chief Inspector, that the private abattoir the subject of the application complies with such standards of construction and hygiene as are prescribed or, so far as not prescribed, as are satisfactory; (c) that in the case of a new abattoir or an abattoir provided in the stead of another at which stock had not been slaughtered prior to the commencement of the Meat Industry Act Amendment Act 1973, the aggregate of the operating capacity of that abattoir and the operating capacities of all other abattoir facilities in the State does not exceed the needs of the meat industry.

114 Meat Industry Act Amendment Act 1973, No. 16 Notwithstanding subparagraph (c) of the preceding paragraph, the Authority may grant an approval under this section in respect of an abattoir that in its opinion is so situated as to contribute effectively to the orderly development of the meat industry. (5) The Authority may cancel an approval granted by it under this section- (a) if the abattoir to which the approval relates ceases to be licensed under the provisions of this Act; (b) if it is satisfied that at any time the requirements of subparagraph (a) or subparagraph (b) of the first paragraph of subsection (4) are not being complied with; (c) if by additions or alterations to the abattoir to which the approval relates its operating capacity is, in the opinion of the Authority, increased to so great an extent that the aggregate of that increased operating capacity and of the operating capacities of all other abattoir facilities in. the State exceeds the needs of the meat industry; (d) if the owner of the private abattoir to which the approval relates fails to make payment of the prescribed fee. Notwithstanding subparagraph (c) of the preceding paragraph the Authority may permit any approval granted under this section to remain in force in respect of an abattoir that in its opinion is so situated as to contribute effectively to the orderly development of the meat industry. (6) (a) A person aggrieved by a decision of the Authority under this section may appeal to the Minister. from that decision. (b) An appeal shall be by way of notice in writing given within seven days after the date on which the decision is served, and no later. (c) The notice shall set out briefly the grounds of appeal. (d) The Minister shall upon making such inquiries as he considers necessary determine the appeal, and his decision shall be final and binding on all parties.". 9. New section 20A. The Principal Act is amended by inserting after section 20 as inserted by this Act the following section:- " 20A. Compensation in respect of private abattoirs and slaughter - houses. (1) Where by reason of the constitution of a public abattoir area, district abattoir area or regional meat area or the alteration of the boundaries of any of those areas, the owner of a private abattoir or slaughter-house is prohibited from slaughtering at that private abattoir or slaughter-house stock for human consumption within that public abattoir area, district abattoir area or regional meat area as constituted or, as the case may be, altered, the Authority shall, subject to this section, pay compensation to that owner. (2) Compensation shall not be payable under this section unless- (a) the private abattoir or slaughter-house was being used for the slaughter of stock for human consumption within the area as constituted or altered at the date on

Meat Industry Act Amendment Act 1973, No. 16 115 which the prohibition referred to in subsection (1) became effective and had been so used for a period of twelve months at the least prior to that date; (b) a claim in writing in respect thereof is lodged with the Authority within three months after the date on which the prohibition referred to in subsection (1) became effective or such extended time as the Authority allows. (3) The amount of compensation payable under this section shall not in any case exceed the diminution in value of the private abattoir or slaughter-house resulting from the prohibition of the use thereof for the slaughtering of stock for human consumption within the area as constituted or altered. For the purposes of this subsection the terms " abattoir " and " slaughter-house " include any other structure situated on the land appurtenant thereto used exclusively for or in connexion with the slaughtering of stock for human consumption. (4) Compensation shall not be claimable or.. payable under this section in respect of- (a) subject to subsection (3), the land appurtenant to the private abattoir or slaughter-house; (b) any other undertaking carried on in connexion with the private abattoir or slaughter-house; (c) any land or property used for the purpose of carrying on any undertaking to which paragraph (b) refers. (5) The right to claim compensation pursuant to this section and the amount thereof in cases where that amount is not the subject of an agreement by the parties shall be determined in accordance with the provisions of the Acquisition of Land Act1967-1969 and the provisions of that Act shall apply accordingly.". 10. Amendment of s. 21. Section 21 of the Principal Act is amended by omitting subsection (4) and inserting in its stead the following subsections:- " (4) The Authority shall establish and keep the following funds:- (a) a General Fund; (b) a Loan Fund; (c) a Trust Fund; (d) such other funds as are prescribed. The funds shall be separate and distinct and moneys standing to their credit at any time shall be kept in one or more bank accounts. (5) The moneys standing at credit to the account called " The Queensland Meat Industry Authority Special Account " established at the Treasury pursuant to this Act as at the commencement of the pleat Industry Act Amendment Act 1973 shall be paid into the General Fund and thereupon that account shall be closed. (6) (a) All moneys paid to the Authority on and after the commencement of the pleat Industry Act Amendment Act 1973 in the exercise and performance of its powers, authorities, duties and functions save such of those moneys as are required by this Act to be paid into the Loan Fund or Trust Fund shall be paid into the General Fund.

116 Meat Industry Act Amendment Act 1973, No. 16 (b) There shall be paid out of the General Fund such amounts as are payable to the Chairman or other member of the Authority or to any officer or employee of the Authority by way of salary, wages, allowances or expenses, and all other amounts expended by the Authority in or in connexion with the proper exercise and performance of its powers, authorities, duties and functions. (7) The Loan Fund shall consist of all moneys paid to the Authority- (a) by way of loan for the purposes of this Act; (b) by way of repayment for facilities provided by the Authority out of moneys from the Loan Fund and sold or leased by the Authority. The Authority shall apply the moneys standing to the credit of the Loan Fund to expenditure necessarily incurred by it in carrying out the works or purposes for which the loans were authorized. (8) The Trust Fund shall consist of all moneys paid to the Authority by way of deposit or in trust for any person or for any purpose under this Act or any other Act. The Authority shall apply the moneys standing to the credit of the Trust Fund to the payment to or on behalf of the persons entitled thereto, or where moneys are held on deposit or in trust for any purpose, to the payment to or for that purpose. (9) (a) The Authority may from time to time invest moneys standing to the credit of any fund kept under subsection (4) and not required for the time being for the purposes of this Act upon security with an authorized and approved dealer or upon such other security or investment as the Governor in Council by Order in Council authorizes. (b) For the purposes of this subsection the expression " authorized and approved dealer " means a person- (i) who is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (ii) who is approved by the Governor in Council by Order in Council. (c) A security in respect of any investment referred to in this subsection shall be held by the Authority. (10) Notwithstanding anything in this Act or any other Act, the Authority may for temporary accommodation obtain advances from one or more banks by way of overdraft on he General Fund. (11) At least once in each year the Auditor-General or a person authorized by him in that behalf shall audit the accounts of the Authority and the Auditor-General shall have with respect to the audit and accounts all the powers and authorities conferred upon him by the Audit Act 1874-1968. The Auditor-General shall report thereon.".

Meat- Industry Act Amendment Act 1973, No. 16 117 11. Amendment of s. 33. Section 33 of the Principal Act is amended by, in subsection (2), omitting paragraph (e). 12. Amendment of s. 35. Section 35 of the Principal Act is amended by omitting the words " any other Public Abattoir Board " and inserting in their stead the words " such persons as he prescribes ". 13. Repeal of and new s . 36. The Principal Act is amended by repealing section 36 and inserting in its stead the following section:- " 36. Slaughter of stock at public abattoir for consumption outside area . (1) A Public Abattoir Board may itself slaughter on behalf of other persons or permit other persons to slaughter on their own behalf pursuant to arrangements made by it under this Act stock for human consumption outside the public abattoir area for which the Public Abattoir Board is constituted under this Act. (2) Notwithstanding subsection (1) the Public Abattoir Board in question shall not slaughter or permit to be slaughtered at the public abattoir provided by it stock for human consumption in any other public abattoir area, district abattoir area or regional meat area unless it is the holder of an approval or a consent, as the case requires, granted by the Authority pursuant to section 20 or Part VIII.". 14. Amendment of s. 38 . Section 38 of the Principal Act is amended by omitting subsections (5) and (7). 15. Amendment of s. 54 . Section 54 of the Principal Act is amended by- (a) adding to subsection (2) the following words- " save where subsequent to the constitution of a district abattoir area a change in circumstances that affects the district abattoir provided for that area makes it desirable that a fresh determination be made, the Authority shall make a fresh determination and the District Board for the district abattoir area concerned shall give effect to that determination"; (b) omitting subsection (6) and inserting in its stead the following subsection:- " (6) Every determination by the Authority as to the method by which a district abattoir shall be provided for a district abattoir area shall be submitted to the Governor in Council for his approval. The Governor in Council shall not constitute a district abattoir area unless and until he approves the provision for that area of the district abattoir by the method determined by the Authority. If and when the Governor in Council approves a determination by the Authority he shall set out the method so determined- (a) where the determination is made before the district abattoir area in question is constituted, in the Order in Council constituting that area; (b) where a fresh determination is made pursuant to subsection (2), in the Order in Council.";

118 Meat Industry Act Amendment Act 1973, No. 16 (c) in subsection ( 7), omitting the second paragraph, and inserting in its stead the following paragraph:- "If it does so and the Governor in Council approves the determination , that maximum amount- (a) where the determination is made before the district abattoir area in question is constituted , shall be published in the O rder in Council constituting that district abattoir area; or (b) where a fresh determination is made pursuant to subsection ( 2) shall be published in the Order in Council.". 16. Ai , tt of s. 55. Section 55 of the Principal Act is amended by omitting all words commencing with the words " set out " to the end of the section and inserting in their stead the words " last determined by the Authority and set out in an Order in Council in accordance with this Act.". 17. by- of s. 57. Section 57 of the Principal Act is amended (a) omitting all words commencing with the words " excepting that " to the end of the section; (b) omitting the words " Licensing Court " where they occur and inserting in their stead in each case the word " Authority ". 18. A m endment of s. 62 . Section 62 of the Principal Act is amended by omitting subsection (3). 19. New Part VA. The Principal Act is amended by inserting after section 67 the following heading and sections:- " PART VA-REGIONAL MEAT AREAS 67A. Declaration of area as regional m eat area . (1) The Minister may on the recommendation of the Authority, by notification published in the Gazette, declare an area (not being a public abattoir area or district abattoir area) specified in the notification to be a regional meat area for the purposes of this Act and may by that notification or a further notification published in the Gazette specify a date not sooner than six months and not later than twelve months after publication of the notification after which stock shall not be slaughtered within the regional meat area or meat introduced into or sold within the regional meat area save with the approval or consent of the Authority, as the case requires, granted pursuant to section 20 or Part VIII. (2) The Minister may in respect of any regional meat area direct the Authority to provide facilities for the slaughtering of stock or the dressing of carcasses of stock for human consumption within that area and such other facilities as he thinks necessary or desirable. (3) Facilities directed by the Minister to be provided pursuant to subsection (2) shall be provided by such of the following methods as the Authority determines:- (a) by the Authority itself providing, maintaining and carrying on those facilities;

Meat Industry Act Amendment Act 1973, No. 16 119 (b) by the Authority itself providing those facilities and, instead of maintaining and carrying them on itself, delegating those powers to some person; (c) by, instead of providing those facilities by either of the other methods provided in this subsection, making with a Public Abattoir Board, District Abattoir Board or some person arrangements for the provision of such services as are required at the facilities owned by that Public Abattoir Board, District Abattoir Board or person. (4) The Authority may at any time, in respect of facilities provided by it pursuant to subparagraph (a) of subsection (3), delegate the power to maintain and carry on those facilities to some person or in respect of facilities provided pursuant to subparagraph (a) or (b) of subsection (3) dispose of those facilities by sale or lease to some person on such terms and conditions as will ensure the provision of those facilities by that person pursuant to subparagraph (c) of subsection (3). (5) (a) An agreement entered into by the Authority pursuant to subparagraph (b) or (c) of subsection (3) shall contain clauses setting out the terms under which that agreement may be revoked, amended, varied or otherwise modified and shall be submitted to the Minister for approval. (b) The Minister may- (i) approve the agreement; (ii) refuse to approve the agreement; or (iii) refer the agreement to the parties for further consideration. An agreement approved by the Minister shall be published in the Gazette. (c) An agreement shall not be valid or effectual for any purpose until it has been approved by the Minister and published in the Gazette. (6) The provisions of this Act with respect to the maintenance and carrying on of facilities by a District Abattoir Board in respect of its district abattoir area or any matters related thereto shall with respect to the maintenance and carrying on of facilities by the Authority pursuant to this section or in respect of any matters in relation thereto apply and extend to the Authority as if it were a District Abattoir Board duly constituted under this Act and the regional meat area in question were a district abattoir area. (7) The Minister may at his discretion or on the recommendation of the Authority and subject to any agreement referred to in subsection (5), by notification published in the Gazette, abolish, subdivide or alter the boundaries of any regional meat area or amalgamate any of those areas or parts thereof. 67B. Abolition of abattoir areas and abattoir Boards and declaration of regional m eat areas . (1) Notwithstanding anything in this Act the Governor in Council may at any time abolish a Public Abattoir Board or a District Abattoir Board and the public abattoir area or district abattoir area, as the case may be, for

120 Meat Industry Act Amendment Act 1973, No. 16 which that Board is constituted and direct the Minister to declare the area to be a regional meat area whereupon the Minister shall proceed in accordance with section 67A. Where a regional meat area is declared pursuant to the direction of the Governor in Council it shall not be necessary for the Minister to notify a date as specified in subsection (1) of section 67A. (2) Where a district abattoir is provided pursuant to subparagraph (c) of subsection (1) of section 53, the abolition of a District Board or the declaration of the district area for which that Board is.constituted as a regional meat area does not affect agreements entered into by that Board and those agreements shall continue to have full force and. effect and shall be administered by the Authority as if made by it pursuant to subparagraph (c) of subsection (3) of section 67A. (3) Notwithstanding anything in this Act on and from the date of its abolition pursuant to this section the assets and liabilities of a Public Abattoir Board or District Board shall vest in the Authority.". 20. Amendment of s. 90. Section 90 of the Principal Act is amended by in subsection (1), omitting the words " domestic, interstate and export," and inserting in their stead the word " slaughtering ". 21. Repeal of and new Part I. The Principal Act is amended by repealing all sections comprising Part VIII and inserting in their stead the following sections:- " 101. Illegal slaughtering of stock and dressing of carcasses. (1) A person shall not except with the consent of and in compliance in every respect with conditions imposed by the Authority slaughter stock or dress a carcass of stock for human consumption at any place other than an abattoir or slaughter-house. (2) Subsection (1) does not apply with respect to stock- (a) that is slaughtered by a person at a place of which he is the owner or occupier for consumption solely by him, members of his family residing with and dependent upon him or persons employed by hint in or on that place; (b) that is slaughtered by a drover at any time and place while he is engaged in driving animals, for consumption (in the course of the driving of those animals) solely by that drover, members of his family accompanying him and persons employed by him on that drive. No part of a carcass of stock slaughtered pursuant to subsection (2), save the hide thereof, shall be sold. 102. Importation of meat. (I) A person shall not except with the consent of and in compliance in every respect with conditions imposed by the Authority bring or send into or sell, store

Meat Industry Act Amendment Act 1973, No. 16 121 or have in his possession within the State meat derived from stock slaughtered and dressed outside the State unless- (a) the stock from which the meat was derived was slaughtered at an abattoir certified in writing by the Chief Inspector as complying with such standards of construction and hygiene as are prescribed or, so far as not prescribed, as are satisfactory; (b) where the meat is packed, treated or processed in any manner, that packing, treating or processing was undertaken at premises certified in writing by the Chief Inspector as complying with such standards of construction and hygiene as are prescribed or, so far as not prescribed, as are satisfactory. (2) Expenses incurred in respect of any inspection undertaken for the purpose of obtaining a certificate of the Chief Inspector in accordance with subsection (1) shall be a charge payable by the person seeking to bring the meat into the State pursuant to this section. 103. Prohibition on slaughtering of stock, dressing of car c as se s, and storage and sale of meat. (1) Save with the consent of and in compliance in every respect with conditions imposed by the Authority a person- (a) shall not slaughter or permit or suffer the slaughtering of stock, or dress or permit or suffer the dressing of any carcass of stock- (i) at any place within a public abattoir area, district abattoir area or regional meat area for any purpose; (ii) at any place outside a public abattoir area, district abattoir area or regional meat area for human consumption in any such area, unless that place is an abattoir provided for the public abattoir area, district abattoir area or regional meat area, as the case may be, or an abattoir approved by the Authority under section 20 to slaughter for the area in question; (b) shall not bring or send into, or sell, store, keep or have in his possession at or on premises in a public abattoir area, district abattoir area or regional meat area as the case may be- (i) meat that is not marked as prescribed; (ii) meat derived from stock- (A) that has been slaughtered at a place other than the abattoir provided for the area in question or at an abattoir approved by the Authority under section 20 to slaughter for that area; (B) that has not been inspected before slaughter; (C) the carcass of which has not been inspected and passed immediately after slaughter as fit for human consumption. This paragraph (b) does not apply to offal.

122 Meat Industry Act Amendment Act 1973, No. 16 (2) The owner of any meat- (a) that is brought into any public abattoir area, district abattoir area or regional meat area from outside that area; (b) that is stored in a public abattoir area, district abattoir area or regional meat area for export from the Commonwealth and in respect of which the intention to export has been abandoned, shall, unless otherwise authorized by the Authority, submit that meat to and provide. it for inspection and marking at a public meat-market in the area in question in the manner prescribed, and shall at the time of inspection produce to the inspector such certificate or other information as will establish the health of the stock from which that meat was derived at the time of slaughter and the fitness for human consumption of that meat immediately after slaughter of the stock from which it was derived. An inspector may by order seize and condemn meat that in his opinion is not proved fit for human consumption by the certificate or other information referred to in this subsection. (3) It is a defence to a charge of an offence against this section to prove- (a) that the meat the subject of the charge was derived from stock slaughtered at an abattoir or slaughter-house and was in the course of being conveyed directly from that abattoir or slaughter-house for human consumption at a place outside the public abattoir area, district abattoir area or regional meat area in question; (b) that such meat as is not marked was derived from a larger portion of meat that had been marked as prescribed. (4) A Public Abattoir Board, District Abattoir Board or the Authority, as the case may be, shall ensure- (a) that all stock for slaughter at an abattoir conducted by it is inspected before slaughter; (b) that all meat derived from carcasses of stock slaughtered at an abattoir conducted by it is inspected immediately after slaughter and passed as fit for human consumption or condemned, as the case requires; (c) that all meat on premises conducted by it is marked as prescribed.". 22. Repeal of and new s. 112. The Principal Act is amended by repealing section 112 and inserting in its stead the following section:- " 112. Slaughtering for boiling do wn purposes in declared area. (1) Save with the consent of and in compliance in every respect with the conditions imposed by the Authority, a person shall not within any public abattoir area, district abattoir area or regional meat area- (a) slaughter any animal for boiling down purposes; (b) conduct or carry on knackers' yards or boiling down operations; or

Meat Industry Act Amendment Act 1973, No. 16 123 (c) have in his possession for boiling down purposes any animal or the carcass of any animal that died or was slaughtered outside such area. (2) An inspector may seize and destroy the carcass of any animal found by him in the possession of any person under circumstances indicating a contravention of this section. This subsection applies so as not to prejudice the liability of a person to be punished for an offence against this Act committed in relation to the carcass of any animal.". 23. Amendment of s. 118. Section 118 of the Principal Act is amended by, in subsection (2), omitting from the first subparagraph of paragraph (b) all words commencing with the words " until the receipt " to the end of the subparagraph and inserting in their stead the words-"- (i) pending inspection; (ii) until the receipt by the inspector of the result of an examination or analysis of any sample of that carcass, meat or flesh taken by the inspector.". 24. Amendment of s. 119. Section 119 of the Principal Act is amended by- (a) in subparagraph (a), inserting after the word " condition " the words " or is infested with vermin "; (b) omitting subparagraph (f) and inserting in its stead the following subparagraph:- "(f) any water thereat or therein supplied is -impure or unwholesome,"; (c) in subparagraph (i), inserting after the word " disinfected " the words ", fumigated, treated,"; (d) in subparagraph (iii), omitting all words commencing with the words " prohibit the use " and ending with the words " as the case may be" and inserting in their stead the words "prohibit the use for any purpose of that abattoir, slaughter-house, butcher's shop, poultry slaughter-house, pet food shop, knacker's yard, boiling down works or kangaroo depot or of any appurtenance, appliance or vehicle used for any purpose of or connected with that abattoir, slaughter-house, butcher's shop, poultry slaughter-house, pet food shop, knacker's yard, boiling down works or kangaroo depot ". 25. Amendment of s. 121. Section 121 of the Principal Act is amended by adding the following paragraph:- " Notwithstanding the last preceding paragraph, any stock, carcass or meat that is condemned on the premises of an abattoir provided for a public abattoir area, district abattoir area or regional meat area or on premises within any such area not being an abattoir approved by the Authority under section 20 to slaughter for the area in question, shall become the property

124 Meat Industry Act Amendment Act 1973, No. 16 of the Public Abattoir Board or District Board concerned or in the case of an abattoir or other premises within a regional meat area, of the Authority, and the Board or the Authority, as the case may be , shall pay to the owner of the stock , carcass or meat such compensation as the Authority in its discretion determines.". 26. Repeal of and new s. 124. The Principal Act is amended by repealing section 124 and inserting in its stead the following section.- 124. Seizure of meat. (1) An inspector may seize meat- (a) that is not marked as prescribed and that is found by him under circumstances that give him reasonable cause to believe that the meat is for sale in any public abattoir area, district abattoir area or regional meat area; (b) that is found by him in the possession of any person under circumstances that give him reasonable cause to believe that the meat- (i) is intended for sale in contravention of this Act; (ii) was derived from stock slaughtered or dressed in contravention of this Act. (2) A person aggrieved by a seizure made under subsection (1) may within forty-eight hours after that seizure make a complaint before a justice and that complaint may be heard and determined by a Magistrates Court constituted under The Justices Acts 1886 to 1968 having jurisdiction in the Magistrates Courts District in which the seizure was made. Upon the hearing the court may confirm or disallow the seizure and may make such order as to costs and compensation as it thinks fit. (3) If no complaint is made under subsection (2) within forty-eight hours after a seizure under subsection (1), or if a seizure is confirmed under subsection (2) the meat shall thereupon become the property of the Authority and may be dealt with as prescribed and until prescribed as the Authority thinks fit. (4) A person shall not, without an order of the court -or the permission of the Authority, remove, take away or interfere with meat seized by an inspector under this section. (5) A seizure may be made pursuant to this section whether or not any person is charged for an offence against this Act in respect of the meat seized.". 27. New s. 131A. The Principal Act is amended by inserting after section 131 the following section:- " 131A. Unlicensed premises . A person shall not provide, maintain or conduct any place as an abattoir, a slaughter-house, public meat-market, poultry slaughter-house or knacker's yard unless that place is licensed to be used for the purpose for which it is provided, maintained or conducted.".

Meat Industry Act Amendment Act 1973, No. 16 125 28. New s. 134A. The Principal Act is amended by inserting after section 134 the following section:- " 134A. Bringing diseased stock or carcass to knacker ' s yard. Except with the permission in writing of an inspector and in compliance in every respect with the conditions, if any, imposed by the inspector and set out in the permission, a person shall not bring or send or permit, suffer or allow to be brought or sent to a knacker's yard any stock or prohibited animal or the carcass of any stock or prohibited animal or any flesh or any other matter or thing that is diseased. An inspector may subject a permission granted by him under this section to such conditions as he thinks fit.". 29. Am endment of s. 137. Section 137 of the Principal Act is amended by- (a) omitting the words " two hundred pounds " and inserting in their stead the expression " $1,000 "; (b) omitting the words "fifty pounds " and inserting in their stead the expression " $200 ". (c) omitting subsections (2) and (3) and inserting in their stead the following subsections:- " (2) An offence against this Act may be prosecuted and amounts of rents, fees, tolls or charges of any kind payable under this Act and not paid may be recovered in a summary way under The Justices Acts 1886 to 1.968 on complaint by- (a) an inspector or other person thereunto authorized in writing by the Minister; (b) in the case of an offence against a provision of this Act that relates to the Authority, the Authority or a person authorized in writing by the Authority; (c) in the case of an offence against a provision of this Act that relates to a Public Abattoir Board or District Board, the Board concerned or a person authorized in writing by that Board. (3) Al amounts of rents, fees, tolls or charges of any kind payable under this Act and not paid may be recovered by action as for a debt in any court of competent jurisdiction- (a) by the Crown; (b) if payable to the Authority, by the Authority; (c) if payable to a Board, by the Board concerned. The remedy conferred by this subsection is in addition to the remedy conferred by subsection (2).". 30. Repeal of and new s. 138. The Principal Act is amended by repealing section 138 and inserting in its stead the following section:- " 138 . Payments of penalties and other amounts recovered. All penalties recovered with respect to offences against provisions of this Act that relate to the Authority or a Board following proceedings taken by the Authority or a Board, as the case may be,

126 Meat Industry Act Amendment Act 1973, No. 16 and all amounts of rents, fees, tolls or charges payable to the Authority or a Board, as the case may be, and recovered under subsection (2) of section 137 shall be paid to and become part of the funds of the Authority or the Board concerned.". 31. Amendment of s. 141. Section 141 of the Principal Act is amended by- (a) in paragraph (h) inserting after the words " payable to " and the words " secretary of " the words " the Authority or " in each case; (b) inserting after paragraph (j) the following paragraph:- 6G (k) the fact that a carcass of an animal or flesh is found at a knacker's yard or pet food shop shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that that carcass or flesh is for pet food". 32. -, of and - w s. 142. The Principal Act is amended by repealing section 142 and inserting in its stead the following section:- " 1 "% U .':..' moneys. (I) The Authority or a Board may transfer to such of its funds as the Minister approves for the purpose moneys that have remained unclaimed in its hands for three years at the least, and thereupon those moneys shall become the property of the Authority or the Board in question, as the case may be. (2) The Authority or a Board may at any time admit a claim that is established to its satisfaction with respect to moneys that have become its property pursuant to subsection (1) and may utilize amounts standing to the credit of the fund to which the moneys the subject of the claim were transferred in satisfaction of the claim.". 33. Amendment of s. 144. Section 144 of the Principal Act is amended by, in subsection (1), omitting all words from the beginning of the subsection to the words " boiling down works," and inserting in their stead the following passage:- " (1) If the licensee, owner or occupier of any abattoir, slaughter-house, butcher's shop, poultry slaughter-house, pet food shop, knacker's yard, boiling down works or kangaroo depot, or place in or on which stock or poultry are kept or sold for slaughtering for human consumption, or in or on which animals are kept or sold for slaughtering for pet food ". 34. Retrospective. operation of a certain determination. Where subsequent to the date of the passing of this Act the Authority first determines that a district abattoir for the Mackay district abattoir area be provided by the method specified in subparagraph (c) of subsection (1) of section 53 of the Principal Act and that determination has been approved by the Governor in Council, then upon arrangements being made in accordance with that determination, it shall be deemed that those arrangements were effective on and from the eighth day of May 1970. 35. Savings. The force and effect of a license, registration or provisional license granted or issued under the Principal Act shall not be affected by the commencement of this Act but such license, registration

Meat Industry Act Amendment Act 1973, No. 16 127 or provisional license shall, for the balance of the term it has yet to run, continue to have such force and effect as it had immediately before the date of commencement of this Act, or where it is at that date suspended, as it would have had but for its being suspended, subject however to the Principal Act as amended by this Act, as if it were a license, registration or, as the case may be, provisional license granted or issued under the Principal Act as amended by this Act. This section shall not be construed to terminate or curtail any period of suspension that subsists at the date of commencement of this Act. 36. Various insertions of the words " abattoirs " and " knackers' yards " . The sections of the Principal Act and the clauses of the Fifth Schedule thereto specified in the first column of the Schedule to this Act are amended in the manner and to the extent set forth in the second column of the Schedule to this Act. 37. Amendment of Fifth Schedule. The Fifth Schedule to the Principal Act is amended by- (a) in clause 2, omitting subclause (7) and inserting in its stead the following subclause:- " (7) Matters relating to approvals by the Authority under section 20 including, but without limiting the generality of this provision- (a) the period during which they shall remain in force; (b) cancellations and renewals thereof; (c) conditions and restrictions to which they may be made subject."; (b) in clause 4, in subclause (2), omitting the words ", save and and except licenses for slaughter-houses and boiling down works,"; (c) in clause 5, omitting subclause (1) and inserting in its stead the following subclause:- " (1) Generally the slaughtering of stock and poultry for human consumption, the slaughtering of prohibited animals for pet food and in particular the slaughtering of stock at abattoirs and slaughter-houses, of prohibited animals at knackers' yards and of poultry at poultry slaughter-houses."; (d) in clause 13, (i) in subclause (1), (A) inserting after the words " butchers' shops," the words " public meat-markets,"; (B) inserting after the words " butchers'. shops " the words ", public meat-markets "; (ii) omitting subclause (2) and inserting in its stead the following subclause :- " (2) Standards may differ for different abattoirs and different slaughter-houses according to operating capacity or such other circumstances as are prescribed."; (e) in clause 37, (i) omitting the words " two hundred pounds " and inserting in their stead the expression " $1,000 "; (ii) omitting the words " fifty pounds " and inserting in their stead the expression " $200 ".

128 Meat Industry Act Amendment Act 1973, No. 16 First Column Provision Amended SCHEDULE Second Column [s. 361 Manner and Extent of Amendment Section 6 Section 111 Section 113 Section 118 Section 119 in the definition "Appliance " inserting before the word " boiling " the words " knacker's yard,". (a) in subsection (1), (i) in the note appearing at the beginning of the subsection, inserting after the word " at " the words " abattoirs and "; (ii) in paragraph (a), inserting after the word " licensed " the word " abattoir,"; (b) in subsection (7), (i) in the note appearing at the beginning of the subsection, inserting after the word " from " the words " knackers' yards and "; (ii) inserting after the words " from any " the words " knacker's.yard or "; (c) in subsection (8), (i) in the note appearing at the beginning of the subsection, inserting after the word " at " the words " knackers' yards and "; (ii) inserting after the words " at a " the words " knacker's yard or ". in subsection (1) inserting after the word " licensed " the words " knacker's yard or ". (a) in subsection (1), (i) in paragraph (a), (A) inserting after the words " used as," the words an abattoir,"; (B) inserting after the words " food shop," the words " knacker's yard,"; (ii) in paragraph (e), (A) inserting after the words " question as " the words " an abattoir,"; (B) inserting after the words " food shop," the words " knacker's yard,"; (iii) in paragraph (f), (A) inserting after the words " place as " the words an abattoir,"; (B) inserting after the words " food shop,'' the words " knacker's yard,". (a) inserting after the words " inspection of any the word " abattoir,"; (b) inserting after the words " food shop," where they firstly occur the words " knacker's yard,";

Meat Industry Act Amendment Act 1973, No. 16 SCHED ULE-continued First Column Second Column Provision Amended Manner and Extent of Amendment 129 (c) in paragraph (e), inserting after the words "pet food shop," where they twice occur the words " knacker's yard," in each case; (d) in subparagraph (i), (A) inserting after the words " order that " where they firstly occur the word " abattoir,"; (B) inserting after the words " food shop," the words " knacker's yard,"; (e) in subparagraph (iv), (A) inserting after the words " from that " the word " abattoir,"; (B) inserting after the words " food shop," the words " knacker's yard,"; Section 130 inserting after the words " licensee of " where they occur the words " an abattoir " in each case. Section 134 inserting after the words "sent, to " the words " an abattoir,". Section 141 (a) in paragraph (e) inserting after the words " place is " the words " an abattoir,"; (b) in paragraph (f) inserting after the words " at any " the word " abattoir,"; (c) in paragraph (g), inserting after the words " place is a " the words " knacker's yard or ". Section 144 1 in subsection (1), in the second paragraph, 46 aba (i t ) to in ir s , e " r ; ting after the words " upon the " the word (ii) inserting after the words " depot, place " the words " knacker's yard,". Fifth Schedule (a) in clause 4, in subclause (1), in paragraph (a), (i) inserting after the words .4 public-meat-markets,'' the word " abattoirs,"; (ii) inserting after the words " poultry slaughter- houses " the words ", knackers' yards "; (b) in clause 6, inserting before the word " slaughter- houses " where they occur the word " abattoirs," in each case; (c) in clause 7, inserting after the word " licensed " the words " knackers' yards,"; (d) in clause 8, (i) inserting after the words "'licensed as " the words " an abattoir,"; 5

130 Meat Industry Act Amendment Act 1973 , No. 16 SCHEDU LE-continued First Column Second Column Provision Amended Manner and Extent of Amendment (ii) inserting after the words " poultry slaughter- house," the words " knacker's yard,"; (e) in clause 9, (i) inserting after the words "animals at" the word " abattoirs,"; (ii) inserting after the word " slaughter-houses " the words ", knackers' yards "; (f) in clause 10, (i) inserting after the words " delivered at " where they firstly occur the words " an abattoir or (ii) inserting after the words " occupiers of " the word " abattoirs,"; (g) in clause 13, (i) inserting before the word " slaughter-houses," where it occurs the word " abattoirs," in each case; (ii) inserting after the words " poultry slaughter- houses," the words " knackers' yards,"; (h) in clause 14, (i) inserting after the words " animals at " where they firstly occur the word " abattoirs,"; (ii) inserting after the words " poultry slaughter- houses," the words " knackers' yards,"; (i) in clause 16, (i) inserting after the words " disinfection of " the word " abattoirs,"; (ii) inserting after the words " poultry slaughter- houses," the words " knackers' yards,"; (j) in clause 17, 66 aba(tit)oiinrss, e"r;ting after the words " matter in " the word (ii) inserting after the words " poultry slaughter- houses," the words " knackers' yards,"; (k) in clause 19, (i) inserting after the words " diseased at " the word " abattoirs,"; (ii) inserting after the words " poultry slaughter- houses " the words ", knackers' yards "; (1) in clause 23, (i) inserting after the words " public meat-markets," the word " abattoirs,"; (ii) inserting. after the words " poultry slaughter- houses," the words " knackers' yards,"; (m) in clause 24, (i) inserting after the words " public meat-markets," the word " abattoirs,"; (ii) inserting after the words " poultry slaughter- houses," the words " knackers' yards,";

Meat Industry Act Amendment Act 1973, No. 16 131 First Column Provision Amended SCHEDULE-- continued Second Column Manner and Extent of Amendment (n) in clause 25, (i) inserting after the words "Act of " the word " abattoirs," (ii) inserting after the word " slaughter-houses " the words ", knackers' yards "; (o) in clause 32, (i) inserting after the words " at or for " the words " knackers' yards,"; (ii) inserting after the words " from any " where they twice occur the words " knacker's yard," in each case.