Meat Industry Act Amendment Act 1983 (Qld)

9 QuInustaub ANNO TRICESIMO SECUNDO ELIZAEETITAE SECUNDAE REGINAE No. 2 of 1983 An Act to amend the Meat Industry Act 1965-1981 in certain particulars [ASSENTED TO 10TH MARCH, 1983]

10 Meat Industry Act Amendment Act 1983, No. 2 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 . This Act may be cited as the Meat Industry Act Amendment Act 1983. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Principal Act and citation as amended . (1) In this Act the MeatIndustry Act1965-1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Meat Industry Act1965-1983. 4. Amendment of s. 4. Division of Act. Section 4 of the Principal Act is amended by omitting the expression " PART III-THE QUEENSLAND MEAT INDUSTRY ORGANIZATION AND MARKETING AUTHORITY (SS. 12-22);" and substituting the expression " PART III-LIVESTOCK AND MEAT AUTHORITY OF QUEENSLAND (SS. 12-22);". 5. Amendment of s. 5A. Change of name of Authority. Section 5A of the Principal Act is amended by omitting all the words following the words " the commencement of the " and substituting the words " Meat Industry Act Amendment Act 1983 to The Queensland Meat Industry Authority or The Queensland Meat Industry Organization and Marketing Authority shall, on and from the commencement of that Act, be read and construed as a reference to the Livestock and Meat Authority of Queensland ". 6. Amendment of s. 6 . Meaning of Terms. Section 6 of the Principal Act is amended by in subsection (1)- (a) in the definition of " Approved " omitting the words " an inspector " and substituting the words " the Chief Inspector "; (b) in the definition of " Authority " omitting the words " The Queensland Meat Industry Organization and Marketing Authority " and substituting the words " The Livestock and Meat Authority of Queensland "; (c) omitting the definition of " Flesh " and substituting the following definition :- " " Flesh "-The whole or any portion of the carcass of a prohibited animal whether in its natural state or prepared by freezing, chilling, preserving, salting or other process;"; (d) in the definition of " Meat " inserting after the words " salting or other process " the words " and includes- (a) a food of man that contains not less than 51 per cent of meat; or

Meat Industry Act Amendment Act 1983, No. 2 11 (b) a food of man, which is labelled with its ingredients in accordance with the Food Standard Regulations 1982 made under the Food Act1981, of which the first ingredient is expressed to be meat "; (e) omitting the definition of " " Metropolitan Public Abattoir Area " or " Metropolitan Area " "; (f) omitting the definition of " Metropolitan Public Abattoir Board "; (g) in the definition of " Owner " omitting the words " stock, carcass or meat " (where they twice occur) and substituting in each case the words " stock, poultry, prohibited animal, carcass, meat or flesh "; (h) omitting the definition of " Pet food " and substituting the following definition:- "Pet food "-Meat, flesh, or offal for dogs, cats or other carnivorous animals which are domesticated or kept in captivity: The term does not include any meat, flesh or offal that is packed in hermetically sealed metal containers or in such other hermetically sealed containers as are prescribed or meat which has been cooked in a butcher's shop registered under this Act and which has been packed in a sealed plastic container or a sealed container consisting of approved material;"; (i) omitting the definition of " Pet food shop " and substituting the following definition:- " " Pet food shop "-Any place kept or used for the storage of meat, flesh or offal or for any purpose of or connected with the storage of any such meat, flesh, or offal for sale or the preparation for sale or sale of any such meat, flesh or offal, the meat, flesh or offal in question being for sale or intended for sale for pet food and not for sale or intended for sale for human consumption: The term does not include a kangaroo depot;"; (j) omitting the definition of " Public abattoir " and substituting the following definition:- " " Public abattoir "-In relation to any public abattoir area, the public abattoir established and maintained by the Public Abattoir Board for the area in question : The term includes any buildings, plant or premises used in connexion therewith; "; (k) omitting the definition of " Public abattoir area " and substituting the following definition:- " " Public abattoir area "-A public abattoir area constituted under this Act;"; (1) omitting the definition of " Public 'saleyards " and substituting the following definition:- " " Public saleyards "-In relation to any public abattoir area the term means saleyards for the sale of stock or any description

I2 Meat Industry Act Amendment Act 1983, No. 2 of stock provided by the Public Abattoir Board for such area at or in connexion with the public abattoir for that public abattoir area: In relation to any district abattoir area the term means saleyards for the sale of stock or any description of stock provided by the District Abattoir Board for such area at or in connexion with the district abattoir for that district abattoir area: In relation to any regional meat area the term means saleyards for the sale of stock or any description of stock provided by the Authority at or in connexion with the regional abattoir for that regional meat area;". 7. Substitution of heading . The Principal Act is amended by repealing the heading appearing immediately above section 12 and substituting the following heading:- " PART III--LIVESTOCK AND MEAT AUTHORITY OF QUEENSLAND " 8. Amendment of s. 12 . Establishment of the Authority . Section 12 of the Principal Act is amended by- (a) omitting the note appearing in and at the commencement of the section and. substituting the following note:- The Authority "; (b) omitting subsection (1) and substituting the following subsections:- " (1) The body corporate continued in existence by section 17 of the Meat Industry Act Amendment Act1977 under the name and style of The Queensland Meat Industry Organization and Marketing Authority is hereby preserved, continued in existence and constituted as a body corporate under the name and style of the Livestock and Meat Authority of Queensland and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued in its corporate name and, subject to this Act, of acquiring, holding and disposing of property, real or personal, movable or immovable and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (2) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document and shall presume that it was duly affixed. (2A) The Authority shall not represent the Crown. (2B) Any proceeding which, prior to the commencement of the Meat Industry Act Amendment Act 1983, was continued or commenced by or against The Queensland Meat Industry Organization and Marketing Authority and which is not concluded at such commencement may be continued by or against the Livestock and Meat Authority of Queensland. (2c) 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 or The Queensland Meat Industry Organization and Marketing Authority shall,

Meat Industry Act Amendment Act 1983, No. 2 13 upon being requested in writing by the Livestock and Meat Authority of Queensland to record the registration or notification in that name, alter the registration or notification by substituting therein reference to that name for the reference to The Queensland Meat Industry Authority or, as the case may be, The Queensland Meat Industry Organization and Marketing Authority.". 9. Repeal of s. 14 . Authority to be a corporation . Section 14 of the Principal Act is repealed. 10. Amendment of s. 21 . Funds of the Authority . Section 21 of the Principal Act is amended by omitting subsection (11). 11. New ss. 21A and 21B. The Principal Act is amended by inserting after section 21 the following sections:- " 21A. Annual statements of account . (1) As soon as practicable after the close of each financial year the Authority shall balance its accounts and prepare annual statements of account. (2) The annual statements of account shall be prepared in the prescribed form or in such other form as is, subject to subsection (3), approved by the Minister. (3) The Minister, on the recommendation of the Auditor-General, may either generally or in respect of a particular case approve of a form in which the annual statements of account may be prepared. (4) The chairman and the secretary of the Authority shall certify under its seal as to whether or not in their opinion the annual statements of account fairly set out the financial transactions of the Authority for the period to which they relate and, where applicable, show a true and fair view of the state of affairs of the Authority at the close of that period on a basis consistent with that applied in respect of the financial year last preceding. (5) The Authority shall cause the annual statements of account together with the vouchers in support thereof and all of its books, papers, writing and records relating thereto to be laid before the auditor appointed under this Act to examine the accounts of the Authority. (6) Until the annual statements of account have been audited pursuant to section 21B no such statements shall be sold or made available to any person other than the Auditor-General or a person acting in aid of him, the Minister or a person acting in aid of him or a member or officer of the Authority. 21B. Audit . (1) The accounts of the Authority shall be audited by the Auditor-General or an authorized officer within the meaning of the Financial Administration and Audit Act1977-1981 directed by the Auditor-General, each of whom shall have with respect to such audit and accounts all,. the powers , :and- authorities conferred on him by that Act.

14 Meat Industry Act Amendment Act 1983, No. 2 (2) If, in performing an audit pursuant to this section, the Auditor-General or authorized officer- (a) forms the opinion that the affairs of the Authority and the business and management thereof have in any respect not been conducted efficiently and economically or have in any respect not been adequately performed in accordance with this Act or any other Act or law; or (b) considers that the conduct of any aspect of the affairs of the Authority and the business and management thereof warrants further study by the Authority with a view to improving the efficiency and economy of the Authority or the adequacy of its performance, he shall, if he thinks fit, state such opinion and the reasons therefor in his report. (3) The Auditor-General shall certify whether the statements of account- (a) are prepared in the prescribed form or in a form that is approved of pursuant to section 21A; (b) are in agreement with the accounts; and (c) in his opinion fairly set out the financial transactions for the period to which they relate and, where applicable, show a true and fair view of the state of affairs at the close of that period on a basis consistent with that applied in respect of the financial year last preceding. (4) The Auditor-General shall, at least once in each year, report to the Authority the results of each audit carried out pursuant to this section and shall, if he thinks fit include with the report recommendations with respect to the financial statements, the manner of operating and maintaining the accounts, the conduct of the Authority's affairs or the adequacy of its performance. (5) Where the Auditor-General is of the opinion that he should cause a recommendation referred to in subsection (4) to be brought to the attention of the Minister he shall cause a copy of the report including that recommendation to be forwarded to the Minister and the Minister shall give due consideration to the report and recommendation. (6) The Authority shall give due consideration to the report and recommendations (if any) of the Auditor-General made pursuant to subsection (4).". 12. Amendment of s. 25. Ex officio member. Section 25 of the Principal Act is amended by in subsection (1) omitting the words " The Queensland Meat Industry Organization and Marketing Authority " and substituting the words " the Authority ". 13. Amendment of s. 32 . Duties of Public Abattoir Board . Section 32 of the Principal Act is amended by in subsection (1) omitting the words " (other than the Metropolitan Public Abattoir Area) ".

Meat Industry Act Amendment Act 1983, No. 2 15 14. Repeal of s. 37. Metropolitan Public Abattoir Area. Section 37 of the Principal Act is repealed. 15. Repeal of s. 38. Queensland Meat Industry Board . Section 38 of the Principal Act is repealed. 16. Amendment of s. 41 . Ex officio member . Section 41 of the Principal Act is amended by in subsection (1) omitting the words " The Queensland Meat Industry Organization and Marketing Authority " and substituting the words " the Authority ". 17. Repeal of and new s. 89. Short term investments . The Principal Act is amended by repealing section 89 and substituting the following section :- " 89. Investment of moneys . (1) Subject to this section a Public Abattoir Board or District Abattoir Board may from time to time invest moneys standing to the credit of any fund kept by it under this Act and not required for the time being for the purposes of this Act- (a) in securities of or guaranteed by the Government of the Commonwealth or of the State; (b) on deposit in any bank; (c) with any authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as lender of last resort; (d) in such other securities, investments or other financial arrangements as may be recommended by the Treasurer and approved by the Governor in Council, provided that no such investment shall have a term in excess of 12 months except with the Treasurer's approval first had and obtained. (2) Every security, safe custody acknowledgement or other document evidencing title issued in respect of an investment shall be held either by the Board concerned, by the Treasurer on behalf of the Board or in such other manner as is approved by the Treasurer. (3) Any approval in accordance wish subsection (1) may be granted- (a) in respect of a specific security, investment or other financial arrangement, all securities, investments or other financial arrangements of a specific kind or class or all securities, investments and other financial arrangements; (b) for a specific period or without limit of time; (c) in respect of a specific Board, a specific kind or class of Board, or all Boards.". 18. Amendment of s. 90 . Books and Accounts . Section 90 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) A Board shall cause proper accounts to be established and faithfully and properly kept in accordance with this Act.".

16 Meat Industry Act Amendment Act 1983, No. 2 19. Repeal of and new s. 95 . Audit. The Principal Act is amended by repealing section 95 and substituting the following section:- " 95. Audit. (1) The accounts of a Board shall be audited by the Auditor-General or an authorized officer within the meaning of the FinancialAdministration and Audit Act1977-1981 directed by the Auditor-General, each of whom shall have with respect to such audit and accounts all the powers and authorities conferred on him by that Act. (2) If, in performing an audit pursuant to this section, the Auditor-General or authorized officer- (a) forms the opinion that the affairs of a Board and the business and management thereof have in any respect not been conducted efficiently and economically or have in any respect not been adequately performed in accordance with this Act or any other Act or law; or (b) considers that the conduct of any aspect of the affairs of a Board and the business and management thereof warrants further study by the Board with a view to improving the efficiency and economy of the Board or the adequacy of its performance, he shall, if he thinks fit, state such opinion and the reasons therefor in his report. (3) The Auditor-General shall certify whether the statements of account prepared on behalf of a Board- (a) are prepared in the prescribed form or in a form that is approved of pursuant to section 98; (b) are in agreement with the accounts; and (c) in his opinion fairly set out the financial transactions for the period to which they relate and, where applicable, show a true and fair view of the state of affairs at the close of that period on a basis consistent with that applied in respect of the financial year last preceding. (4) The Auditor-General shall, at least once in each year, report to the Board concerned the results of each audit carried out pursuant to this section and shall, if he thinks fit include with the report recommendations with respect to the financial statements, the manner of operating and maintaining the accounts, the conduct of the Board's affairs or the adequacy of its performance. (5) Where the Auditor-General is of the opinion that he should cause a recommendation referred to in subsection (4) to be brought to the attention of the Minister he shall cause a copy of the report including that recommendation to be forwarded to the Minister and the Minister shall give due-consideration to the report and recommendation. (6) A Board shall give due consideration to the report and recommendations (if any) of the Auditor-General made pursuant to subsection (4).".

Meat Industry Act Amendment Act 1983, No. 2 17 20. Repeal of and new s. 98. Annual financial statements. The Principal Act is amended by repealing section 98 and substituting the following section:- " 98. Annual statements of account . (1) The secretary of a Board shall at each budget meeting held pursuant to section 92 submit to the Board annual statements of account. (2) The annual statements of account shall be prepared in the prescribed form or in such other form as is, subject to subsection (3), approved by the Minister. (3) The Minister, on the recommendation of the Auditor-General, may either generally or in respect of a particular case approve of a form in which the annual statements of account may be prepared. (4) The chairman and the secretary of a Board shall certify under its seal as to whether or not in their opinion the annual statements of account fairly set out the financial transactions of the Board for the period to which they relate and, where applicable, show a true and fair view of the state of affairs of the Board at the close of that period on a basis consistent with that applied in respect of the financial year last preceding. (5) A Board shall cause the annual statements of account together with the vouchers in support thereof and all of its books, papers, writing and records relating thereto to be laid before the auditor appointed under this Act to examine the accounts of the Board. (6) Until the annual statements of account have been audited pursuant to section 95 no such statements shall be sold or made available to any person other than the Auditor-General or a person acting in aid of him, the Minister or a person acting in aid of him, a member or officer of the Board, or a member or officer of the Authority. (7) A Board shall cause a copy of the annual statements of account to be forwarded to the Authority within 7 days of the budget meeting referred to in subsection (1).". 21. Amendment of s. 103. Prohibition on slaughtering of stock, dressing of carcasses , and storage and sale of meat . Section 103 of the Principal Act is amended by- (a) in provision (A) of subparagraph (ii) of paragraph (b) of subsection (1) inserting after the word " place " the words " within the State "; (b) in subsection (2)- (i) omitting the words ", unless otherwise authorized by the Authority,"; (ii) inserting after the words " public meat market " the words " or, with the consent of the Authority and in compliance in every respect with the conditions, if any, imposed by the Authority, at some other place ".

18 Meat Industry Act Amendment Act 1983, No. 2 22. New s. 108A. The Principal Act is amended by. inserting after section 108 the following section:- " 108A. Importation of poultry meat . (1) 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 or have in his possession within the State meat derived from poultry slaughtered and dressed outside the State unless- (a) the poultry from which the meat was derived was slaughtered at a poultry slaughter-house 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, treatment 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 payable to the Chief Inspector by the person seeking to bring the meat into the State pursuant to this section.". 23. Amendment of s. 110 . Vendor purchasing poultry, etc ., for resale for human consumption to obtain delivery note. Section 110 of the Principal Act is amended by in subsection (3) omitting the words " one hundred pounds " and substituting the expression " $200 ". 24. Repeal of and new s. 113. Illegal slaughtering of stock and prohibited animals for pet food . The Principal Act is amended by repealing section 113 and substituting the following section:- " 113. Illegal slaughtering of stock, poultry and prohibited animals for pet food . (1) Except with the permission of an inspector a person shall not at any place other than at- (a) an abattoir, slaughter-house or knacker's yard slaughter any stock or dress the carcass or part of the carcass of any stock for pet food; or (b) a poultry slaughter-house, slaughter any poultry or dress the carcass or part of the carcass of any poultry for pet food. (2) Except with the permission of an inspector, a person shall not at any place other than at a knacker's yard slaughter any prohibited animal or dress the carcass or part of the carcass of any prohibited animal for pet food. (3) This section shall not apply to the slaughtering of feral pigs or kangaroos or any other marsupials or to the dressing of the carcasses of feral pigs or kangaroos or other marsupials.".

Meat Industry Act Amendment Act 1983, No. 2 19 25. New s. 113A. The Principal Act is amended by inserting after section 113 the following section-.- " 113A. Importation of pet food . (1) A person shall not import into the State from another State or a Territory of the Commonwealth any meat, flesh or offal for use as pet food unless- (a) the Chief Inspector has at least 24 hours prior to the importation received from the person a written notice containing such information as is prescribed; and (b) such meat, flesh or offal is- (i) accompanied by such a certificate as is prescribed; (ii) stained with a dye in the manner prescribed; and (iii) packed in a container which is labelled and marked in the manner prescribed. (2) A certificate referred to in subsection (1) (b) (i) shall be retained by the person importing the meat, flesh or offal to which the certificate relates for the prescribed period." . 26. Amendment of s. 118 . Powers of inspectors . Section 118 of the principal Act is amended by inserting after subsection (1) the following subsection:- "(1A) (a) Before an inspector enters a part of any premises which part is used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter. (b) A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect- (i) that in any place an offence against this Act has been, is being or is likely to be committed; (ii) that there is in any place any thing in respect of which an offence against this Act has been, is being or is likely to be committed, may issue his warrant directed to the inspector to enter the place named in the warrant for the purpose of exercising therein the powers conferred upon an inspector under this Act. (c) A warrant shall be, for the period of one month from the date of its issue, sufficient authority for the inspector a.Id all persons acting in aid of him- (i) to enter the place specified in the warrant; and (ii) to exercise therein the powers conferred upon an inspector by or under this Act. (d) In this subsection premises that are used as a dwelling-house do not include the curtilage of those premises.". 27. Amendment of s. 124 . Seizure of meat . Section 124 of the Principal Act is amended by in subsection (1) (b) (ii) inserting after the word " stock " the words " or poultry ".

20 Meat Industry Act Amendment Act 1983, No. 2 28. Repeal of and new s. 131 . False marks . The Principal Act is amended by repealing section 131 and substituting the following section:- " 131. False marks . (1) Unless authorized by the Chief Inspector so to do a person shall not remove, alter, deface or interfere howsoever with any mark placed on any stock, poultry, carcass of stock or poultry or meat by an inspector in accordance with this Act. (2) Unless authorized by law so to do a person shall not place or cause or allow to be placed on any stock, poultry, carcass of stock or poultry or meat any mark purporting to be a mark under this Act.". 29. Amendment of s. 141. Evidence . Section 141 of the Principal Act is amended by- (a) omitting paragraph (i) and substituting the following paragraph: - " (i) a certificate purporting to be under the hand of the Chief Inspector stating that on a date or throughout a period specified therein there was or was not in force a registration, certificate or approval granted or issued under this Act to a specified person in respect of specified premises shall be prima facie evidence of the facts stated in the certificate and that the signature on the certificate is that of the Chief Inspector;"; (b) inserting after paragraph (k) the following paragraphs:- L6 (1) a certificate purporting to be under the hand of the secretary of the Authority stating that on a date or throughout a period specified therein there was or was not in force a licence, approval, consent or authorization granted or issued by the Authority under this Act to a specified person in respect of specified premises or specified conduct and that such licence, approval, consent or authorization was subject to the conditions set out in the certificate or not subject to any conditions shall be prima facie evidence of the facts stated in the certificate and that the signature on the certificate is that of the secretary of the Authority; (m) a document purporting to be a copy of a licence, registration, certificate, approval, consent, authorization, notice or order under this Act shall upon its production in that proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of that licence, registration, certificate, approval, consent, authorization, notice or order ". 30. New s. 144A. The Principal Act is amended by inserting after section 144 the following section:- " 144A. Protection of Crown , Minister and officers . Liability at law shall not attach to the Crown, the Minister, Chief Inspector, or any inspector or any officer employed by the Authority or any person acting in aid of an inspector on account of anything done or purporting to be done for the purposes of this Act and done in good faith and without negligence.".

Meat Industry Act Amendment Act 1983, No. 2 21 31. Amendment of s. 148 . Section 148 of the Principal Act is amended by inserting after subsection (6) the following subsection.:- " (7) The regulations may provide for the approval of the Chief Inspector to be the standard to be applicable in respect of a particular matter.". 32. Amendment of s. 150. Annual reports . Section 150 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- " (2) Such report shall contain such particulars (if any) as are prescribed and shall include the annual statements of account together with the certificate of the Auditor-General prescribed by section 95 (3)."; (b) omitting the second paragraph of subsection (4) and substituting the following paragraph:- " Such report shall contain such particulars (if any) as are prescribed and shall include the annual statements of account together with the certificate of the Auditor-General prescribed by section 21B (3).". 33. Amendment of Fifth Schedule. The Fifth Schedule to the Principal Act is amended by omitting clause 32 and substituting the following clause:- " 32. Slaughtering of animals for pet food . The slaughtering of animals for pet food and, in particular the slaughtering of animals for pet food at abattoirs, slaughter-houses, poultry slaughter-houses, knacker's yards or registered kangaroo depots and the disposal of the carcasses of such animals, the containers for meat, flesh, offal or any article stored, sold, removed or delivered at or from any abattoir, slaughter-house, poultry slaughter-house, knacker's yard, registered kangaroo depot or registered pet food shop, the labelling of such containers and the method of treatment, including the staining with dye, or dealing with such meat, flesh, offal or other article in respect of its removal or delivery from any abattoir, slaughter-house, poultry slaughter-house, knacker's yard, registered kangaroo depot or registered pet food shop, or its sale.".