Meat Industry Act Amendment Act 1977 (Qld)

423 . ANNO VICESIlVIO SEXTO ELIZA ET AE SECUNDAE REGINAE No. 44 of 1977 An Act to amend the Meat Industry Act 1965-1973 in certain particulars, and for other purposes [ ASSENTED TO 3RD OCTOBER, 1977] 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 1977. (2) The Meat Inthtstrr :get 1965-1973 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may he cited as the Meat Industry Act1965-1977.

424 Meat Industry Act Amendment Act 1977, No. 44 2. Commencement . This Act shall commence on a date to be fixed by Proclamation. 3. Amendment of s. 4. Section 4 of the Principal Act is amended by in the reference "PART 111-THE QUEENSLAND MEAT INDUSTRY AUTHORITY (ss. 12-22); " inserting after the word " INDUSTRY " the words " ORGANIZATION AND MARKETING ". 4. New s. 5A. The Principal Act is amended by inserting after section 5 the following section:- " 5A. Change of name of Authority. Any reference in any other Act or in any Proclamation, Order in Council, regulation, rule, by-law, ordinance, license, approval, authority, permit, direction, determination, order, prohibition, delegation, requirement, consent, registration, certificate or other act of executive or administrative authority, or in any agreement, contract, deed or other document, instrument or writing whatever before the commencement of the Meat Industry Act Amendment Act 1977 to The Queensland Meat Industry Authority shall, on and from the commencement of that Act, be read and construed as a reference to The Queensland Meat Industry Organization and Marketing Authority.". 5. Amendment of s. 6. Section 6 of the Principal Act is amended by, in subsection (1)- (a) in the definition " Authority ", inserting after the word " Industry " the words " Organization and Marketing "; (b) in the definition " Owner ", inserting after the expression " question: " the following words:- " In relation to any abattoir or saleyard the term includes any person operating from the abattoir or saleyard whether as agent or otherwise: ". 6. Amendment of heading to Part III . The Principal Act is amended by in the heading appearing immediately before section 12 inserting after the word " INDUSTRY " the words " ORGANIZATION AND MARKETING ". 7. Amendment of s. 12 . Section 12 of the Principal Act is amended by- (a) in subsection (1) inserting. after the words " The Queensland Meat Industry " the words " Organization and Marketing "; (b) omitting subsections (2) and (3) and substituting the following subsection:- " (3) The Authority shall consist of ten members appointed oy the Governor in Council by notification published in the Gazette, of whom- (a) one shall be a person nominated by the Minister who shall be Chairman; (b) one shall be the Director-General of the Department of Primary Industries for the time being or his nominee appointed in writing, who shall be the Deputy Chairman;

Meat Industry Act Amendment Act 1977, No. 44 425 (c) five shall be persons representative of livestock producers. recommended by the Minister from a panel or from panels of names of prescribed persons nominated in the manner prescribed; (d) two shall be persons representative of meat processors and distributors recommended by the Minister from a panel or from panels of names of prescribed persons nominated in the manner prescribed; (e) one shall be a person experienced in the field of commodity marketing recommended by the Minister from a panel or from panels of names of prescribed persons nominated in the manner prescribed. The matters to be prescribed pursuant to this subsection may be prescribed by regulation at any time after the passing of the Meat Industry Act Amendment Act 1977."; (c) in subsection (4), (i) in subparagraph (ii) of paragraph ( a), omitting the word " seven " and substituting the word " three "; (ii) in paragraph ( b), omitting the words " (being in the case of a representative member, representative of the like interest) " and substituting the words " in the same manner as is provided in subsection (3) of this section for the appointment of members "; (d) in subsection (5), (i) in the first paragraph, omitting the words " (being in the case of a representative member, representative of the like interest as his predecessor ) " and substituting the 'words " in the same manner as is provided in subsection (3) of this section for the appointment of members "; ( ii)^omitting ' the second paragraph. 8. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word " representative "; (b) in subsection (1), (i) omitting the word " representative " where it first occurs; (ii) omitting the expression ", ( e) or (f) " and substituting the expression " or (e) "; (iii) omitting the words " as the representative in question " and substituting the words " pursuant to the paragraph in question "; (c) in subsection (2), (i) omitting the word " representative "; (ii) omitting the expression ", ( e) or (f ) " and substituting the expression " or (e) ". 9. Amendment of s. 14 . Section 14 of the Principal Act is amended by in subsection (I) inserting after the word " Industry " the words " Organization and Marketing ". 10. Amendment of s. 16. Section 16 of the Principal Act is amended by- (a) in subsection (2),

426 Meat Industry Act Amendment Act 1977, No. 44 (i) in the first paragraph, inserting after the word " present " the words " or if he is absent from any duly convened meeting the Deputy Chairman shall preside at the meeting "; , (ii) in the second paragraph, omitting the words " is absent " and substituting the words " and Deputy Chairman are both absent "; (b) in subsection (3), omitting the second paragraph and substituting the following paragraph:- "A quorum shall consist of a majority of the total number of members of the Authority for the time being holding office as members of the Authority and business shall not be conducted at a meeting of the Authority unless a quorum is present.". 11. Amendment of s. 19. Section 19 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " and expansion " and substituting the words " , expansion, operation and control "; (ii) inserting after the word " facilities " the words " and saleyards "; (iii) inserting after the words " (ii) in the marketing of " the expression stock, "; (b) in subsection (2), (i) inserting at the end of subparagraph (iii) of paragraph (a) the following expression and subparagraph:- f6 (iv) the appointment of persops as members of the Public Abattoir Boards "; (ii) inserting after paragraph (a) as amended by this section the following paragraph :- " (aa) with the approval of the Minister may- (i) co-operate and contract with the Australian Meat and Livestock Corporation and meat industry authorities in other States and Territories as well as abattoirs, traders, meat and livestock producers and other organizations with a view to improving marketing arrangements in respect of stock, meat and by-products; (ii) develop, introduce and supervise systems of carcass classification; (iii) develop, introduce and supervise systems of consumer identification in respect of meat; (iv) facilitate the availability to livestock producers of selling on a direct consignment and weight and classification basis; (v) prescribe bases of description of carcasses for the purpose of payment to livestock producers; (vi) direct owners of slaughter-houses and abattoirs when quoting killing charges to livestock producers to quote those charges in such manner and detail as are prescribed; (vii) provide a market information service for producers; (viii) appoint such advisory committees as it considers necessary for its effective operation;

Meat Industry Act Amendment Act 1977, No. 44 427 (ix) co-operate with the Commonwealth Government, the Australian Meat and Livestock Corporation and meat industry authorities in other States and Territories for the purpose of introducing and operating a uniform system of statutory minimum prices for the various classifications of cattle and carcass beef and administering any minimum pricing or stabilization scheme for livestock and meat agreed to; (x) co-operate with the Department of Primary Industries of this State, the Australian Meat and Livestock Corporation and meat industry authorities in other States and Territories in implementing measures that are beneficial to consumers of meat and to the meat and livestock industry.". 12. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) in subsection (4), in the first paragraph, inserting at the end of provision (c) the following expression and provision:- cc (cc) a Meat Prices Stabilization Fund "; (b) in paragraph (a) of subsection (6) inserting after the words " Trust Fund " the words " or Meat Prices Stabilization Fund "; (c) inserting after subsection (8) the following subsection:- " (8A) The Meat Prices Stabilization Fund shall consist of all moneys paid to the Authority for the purpose of introducing and operating a system of statutory minimum prices for the various classifications of cattle and carcass beef and administering any minimum pricing or stabilization scheme for livestock and meat. The Authority shall apply the moneys standing to the credit of the Meat Prices Stabilization. Fund to such purposes and in such manner as are prescribed.". 13. Amendment of s. 25. Section 25 of the Principal Act is amended by, in subsection (1), inserting after the word " Industry " the words " Organization and Marketing ". 14. Amendment of s. 41 . Section 41 of the Principal Act is amended by in the first paragraph inserting after the word " Industry " the words " Organization and Marketing ". 15. Amendment of s. 146. Section 146 of the Principal Act is amended by- (a) inserting after the words " owner of " the words " or operator from "; (b) inserting after the word " Board " the words " or other person operating from such abattoir "; (c) inserting after the word " carcasses " the words ", prices paid for stock slaughtered or meat sold, killing charges ";

428 Meat Industry Act Amendment Act 1977, No. 44 (d) inserting after the word " times " the words " and under such conditions and in such detail ". 16. Amendment of Fifth Schedule . The Principal Act is amended by in the Fifth Schedule-. (a) in clause 2, omitting subclause (1); (b) in clause 3, omitting paragraph (i) and substituting the following paragraph:- "(i) Establishment of saleyards , etc. The conditions under which any person shall be allowed to provide, conduct, operate or maintain saleyards for the sale of stock within any public abattoir area or district abattoir area and without limiting the generality of the foregoing prescribing the terms and conditions of sale for slaughter stock sold through such saleyards;"; (c) inserting after clause 3 the following clause:- " 3A. Establishment of saleyards outside public or district abattoir areas , etc. The conditions under which any person shall, be allowed to provide, conduct, operate or maintain saleyards for the sale of stock outside public abattoir areas or district abattoir areas and without limiting the generality of the foregoing prescribing the terms and conditions of sale for slaughter stock sold through such saleyards." ; (d) in clause 24, inserting after the expression " slaughter-houses," the expression " saleyards,"; (e) in clause 33, inserting at the end of the second paragraph the words " or any other system of carcass identification ". 17. Effect of amendment of ss . 12 and 14 of Principal Act. (1) The body corporate established by the Principal Act under the name and style of " The Queensland Meat Industry Authority " is preserved, continued in existence and constituted under the Principal Act as amended by this Act under the name and style of " The Queensland Meat Industry Organization and Marketing Authority ", and nothing contained in this Act amending the Principal Act affects any rights or obligations of the body corporate or renders defective any suits, actions or other proceedings or any cause of action, pending or existing immediately prior to the commencement of this Act by or against it. (2) A person charged with keeping any register or record required or authorized by law to be kept in which is recorded a registration or notification relating to The Queensland Meat Industry Authority shall, upon being requested in writing by The Queensland Meat Industry Organization and Marketing Authority at any time after the commencement of this Act, to record the registration or notification in that name, alter the registration or notification, without payment of any fee, by substituting therein reference to that name for the reference to The Queensland Meat Industry Authority.

Meat Industry Act Amendment Act 1977, No. 44 429 18. Members of Authority at commencement of this Act. The Chairman and each other member of The Queensland Meat Industry Authority holding office as such immediately prior to the commencement of this Act shall, notwithstanding appointment to such office under the Principal Act, go out of office on the commencement of this Act.