Meat Industry Act Amendment Act 1988 (Qld)

215 ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 27 of 1988 An Act to amend the Meat Industry Act 1965-1984 in certain particulars [ASSENTED TO 11TH APRIL, 1988]

216 Meat Industry Act Amendment Act 1988, No. 27 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 1988. (2) In this Act the Meat Industry Act 1965-1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Meat Industry Act 1965-1988. 2. Amendment of s. 4. Division of Act. Section 4 of the Principal Act is amended by- (a) inserting after the expression "(ss. 101-103);" the following words:- "PART VIIIA-BUFFALOES (S. 104);"; (b) inserting after the expression "(ss. 114-117);" the following words:- "PART XIA-MEAT TESTING PROGRAMME (ss. 117A-117H);". 3. Amendment of s. 6. Meaning of terms. Section 6 of the Principal Act is amended by- (a) in subsection (1)- (i) in the definition "Chief Inspector", omitting the words "Chief Inspector of Slaughter-houses" and substituting the words "Chief Meat Inspector"; (ii) in the definition "Inspector", omitting the words "other inspector" and the words "an inspector" and substituting the words "other meat inspector" and the words " a meat inspector" respectively; (iii) in the definition "Meat" inserting after the word "stock" the words "or buffalo"; (iv) in the definition "Poultry", omitting the words "and pigeons" and substituting the words ", pigeons, Japanese quails (Coturnix coturnix japonica), partridges and pheasants,"; (v) in the definition "Prescribed meats" omitting the words "and trotters" and substituting the words ", trotters and packaged frozen meats"; (vi) in the definition "Stock", omitting the words "and bovine cattle" and substituting the words "bovine cattle and deer"; (b) adding at the end thereof the following subsection:- "(2) Where the Governor in Council, pursuant to " The Stock Act of 1915" as amended from time to time, has declared the presence in the tissues of stock within the meaning of that Act

Meat Industry Act Amendment Act 1988, No. 27 217 of a chemical or antibiotic residue in excess of a concentration or level prescribed by him to be a disease under and for the purposes of that Act, then for the purposes of this Act- (a) the presence in the tissues of stock or poultry or the presence in a carcass or any meat of such a residue is a disease; (b) any stock or poultry in whose tissues there is present such a residue, or any carcass or meat in which such a residue is present, is diseased; and (c) any carcass or meat in which such a residue is present is unfit for human consumption.". 4. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) in subsection (l )- (i) omitting the words "Chief Inspector of Slaughter-houses" and substituting the words "Chief Meat Inspector"; (ii) omitting the word "inspectors" where twice occurring and substituting the words "meat inspectors" in each case; (iii) omitting the words " "The Public Service Acts, 1922 to 1965." " and substituting the words "the Public Service Act 1922-1978."; (b) omitting subsections (1A) and (2) and substituting the following subsections:- "(1A) (a) The Minister may by notification published in the Gazette appoint the holder, of an office (other than the holder of an office held under, subject to and in accordance with the PublicService Act 1922-1978) specifying the office but without naming the holder to be a meat inspector, in which case each successive holder of that office and each person who for the time being occupies or performs the duties of that office shall be deemed to be appointed as a meat inspector. (b) An appointment made pursuant to this subsection may be limited as the Minister thinks fit with respect to time or place, or powers, functions and duties or other circumstance. The limitations, if any, imposed in respect of an appointment shall be specified in the notification by which that appointment is made. (c) Upon notification in the Gazette of an appointment pursuant to this subsection judicial notice shall be taken of the notification and the appointment thereby notified. (2) Upon the commencement of the Meat Industry Act Amendment Act 1988- (a) the person who immediately before that commencement holds the office of Chief Inspector of Slaughter-houses under this Act shall cease to hold 8

218 Meat Industry Act Amendment Act 1988, No. 27 that office and without further or other appointment shall hold the office of Chief Meat Inspector under this Act; (b) a person who immediately before that commencement holds the office of inspector under this Act shall cease to hold that office and without further or other appointment shall hold the office of meat inspector under this Act; (c) a person who immediately before that commencement holds the office of an officer other than an inspector under this Act shall continue to hold that office under this Act. Judicial notice shall continue to be taken of the notification in the Gazette of appointments to which this subsection relates and of any appointment so notified.". 5. Amendment of s. 8. General Powers of Governor in Council. Section 8 of the Principal Act is amended by adding at the end thereof the following subsection:- "(3) Section 28A of the Acts Interpretation Act 1954-1985 (which provides for the laying of regulations before the Legislative Assembly and disallowance thereof by the Assembly) applies in relation to every Order in Council made under this section as if it were a regulation.". 6. Amendment of s. 19. Powers , authorities, duties and functions of Authority. Section 19 of the Principal Act is amended in subsection (3) by- (a) in the first sentence, omitting the words "and subject to"; (b) inserting the following provision after provision (d):- "(da) may, notwithstanding any other provision of this Act, with the prior approval of the Minister given either generally or in a particular case- (i) acquire, hold and dispose of shares in a corporation within the meaning of the Companies (Queensland) Code and units or other entitlements in any trust; (ii) enter into a joint venture with any other person;". 7. Amendment of s. 20. Approvals by Authority. Section 20 of the Principal Act is amended in subsection (4) by- (a) omitting the expression ";" from paragraph (b) and substituting the expression "."; (b) omitting paragraph (c); (c) omitting the last paragraph beginning with the word "Notwithstanding".

Meat Industry Act Amendment Act 1988, No. 27 219 8. Amendment of s. 102. Importation of meat. Section 102 of the Principal Act is amended in subsection (1) by inserting after the word "stock" where twice occurring the words "or buffalo". 9. New Part VIIIA. The Principal Act is amended by inserting after section 103 the following Part:- "PART VIIIA-BUFFALOES 104. Prohibition of slaughter of buffaloes . (1) A person shall not, at any abattoir or slaughter-house, slaughter or dress the carcass or part of the carcass of any buffalo or cause, permit or suffer any other person to slaughter or dress the carcass or part of the carcass of any buffalo. (2) A person shall not, at any place in the State, slaughter or dress the carcass or part of the carcass of any buffalo for human consumption or cause, permit or suffer any other person to slaughter or dress the carcass or part of the carcass of any buffalo for human consumption. (3) A person shall not, except with the consent of and in compliance in every respect with conditions imposed by the Chief Inspector, at any place in the State, slaughter or dress the carcass or part of the carcass of any buffalo for pet food or cause, permit or suffer any other person to slaughter or dress the carcass or part of the carcass of any buffalo for pet food. (4) The Chief Inspector shall not give the consent referred to in subsection (3) unless he is satisfied of the existence of exceptional circumstances that justify the giving of that consent. The conditions imposed by him shall include a condition that the slaughter of any buffalo and the dressing of the carcass or part of the carcass of any buffalo shall take place at a knacker's yard.". 10. New Part XIA. The Principal Act is amended by inserting after section 117 the following Part:- "PART XIA-MEAT TESTING PROGRAMME 117A . Institution of programme . (1) The Chief Inspector may institute a meat testing programme under this Part with respect to any licensed abattoir, slaughter-house, poultry slaughter-house or butcher's shop for the purpose of ascertaining whether or not carcasses or meat derived from stock or poultry slaughtered therein or carcasses or meat held therein has one or more than one disease or condition. (2) A meat testing programme under this Part- (a) shall be instituted by the Chief Inspector by reducing it to writing and having it approved by the Minister; (b) may be varied from time to time or terminated, with the approval of the Minister; (c) shall provide for a system of sampling and testing carcasses and meat at the licensed place in respect

220 Meat Industry Act Amendment Act 1988, No. 27 of which the programme is instituted and may provide for or with respect to- (i) the power of an inspector to take samples in accordance with the programme or the duty of any person employed at, or concerned in the business of, the licensed place in question, to take samples in accordance with the programme; (ii) the representative nature of a sample, that is to say, whether it is to be taken as a representative sample of the carcass or lot of meat from which it is taken or of that carcass or lot and other carcasses or lots or live stock or poultry awaiting slaughter; (iii) the manner in which a sample shall be selected and taken, and the regularity with which samples shall be taken under the programme; (iv) the manner in which samples shall be secured, preserved, handled and delivered for testing to a laboratory, including providing that the licencee of the licensed place in question shall undertake any one or more of these duties at his own expense; (v) determining the laboratory to which samples shall be delivered; (vi) the duties of the management and staff of any laboratory to which a sample is delivered, including a duty that the sample should be tested with all convenient speed and the first available copy of the results delivered as required to the Chief Inspector; (vii) the retention as required of any carcass or lot of meat of which a sample taken is representative or of any carcass or meat derived from stock or poultry of which a sample taken is representative, pending the receipt by the Chief Inspector of the results of the testing of the sample; (viii) prohibiting live stock or poultry of which a sample taken is representative from proceeding to slaughter pending the receipt by the Chief Inspector of the results of the testing of the sample; (ix) records to be kept in relation to the programme; (x) exemptions, variations, alternative procedures and the exercise of discretions in the operation of the programme and all other matters necessary or desirable to achieve the purposes of the programme; (d) shall have effect according to its tenor and become binding on the persons to whom it applies upon its approval by the Minister and may be enforced by

Meat Industry Act Amendment Act 1988, No. 27 221 means of directions given under this Part and for that purpose- (i) the Chief Inspector may give all directions as may be necessary to the licencee of the licensed place in respect of which the programme is instituted, any person concerned in the business of the licensed place, any person concerned in the management of a laboratory to which samples may be delivered under the programme and to any members of the staff of the laboratory; (ii) an inspector may give all directions as may be necessary to any person at the licensed place in respect of which the programme is instituted, any person in any vehicle used in connexion therewith and any person in possession of or in any way concerned with any stock, poultry, carcass or meat. (3) The termination or variation of a meat testing programme instituted under this Part shall not affect its previous operation or the validity of any action taken thereunder prior to the termination or variation and investigations concerning its operation prior to the termination or variation may be instituted or continued and any action authorized by this Act may be taken concerning matters that occurred before the termination or variation as if the programme had not been so terminated or varied. (4) Any person who fails to comply with any direction given under this Part commits an offence against this Act. 117B. Costs and expenses . (1) All costs and expenses charged by a laboratory in respect of the testing of a sample taken under a meat testing programme instituted under this Part shall be paid by the licencee of the licensed place in respect of which the programme is instituted and if unpaid may be recovered from the licencee by the person who conducts the laboratory by action as for a debt in any court of competent jurisdiction. (2) Neither the Crown nor any person concerned in the administration of this Act shall be liable to a licencee or person concerned in the business of a licensed place or owner of stock, poultry, carcasses or meat for any damage or loss suffered or costs and expenses incurred because of a meat testing programme instituted under this Part. 117c. False samples , tampering . A person who- (a) produces a false sample for testing under a meat testing programme instituted under this Part; or (b) before its delivery, tampers with any sample produced for delivery to a laboratory for testing under a meat testing programme instituted under this Part, commits an offence against this Act.

222 Meat Industry Act Amendment Act 1988, No. 27 For the purposes of this section- (a) a reference to a sample includes the container in which it is preserved, its binding, seal, label, identification or writing; (b) a person produces a false sample for testing if he gives or arranges that there be given to any other person a false sample for delivery to a laboratory for testing or forwards to a laboratory for testing, or delivers to a laboratory for testing, a false sample. 117D. Evidence by certificate. Where in any proceedings under this Act or in any other proceedings in respect of a matter arising under this Act- (a) a person gives evidence that he sealed a sample of meat taken under a meat testing programme instituted under this Part in a container with identification markings described by him and delivered it, or gave it, or forwarded it by any means, for delivery, to a laboratory stipulated under the programme; and (b) there is produced at the proceedings a certificate purporting to be signed by a person described therein as an analyst or chemist and- (i) stating that there was received at the laboratory referred to in paragraph (a) a sample of meat sealed in a container with identification markings described in the certificate that are the same or substantially the same as the identification markings referred to in paragraph (a); (ii) stating that he had made a laboratory test of the sample; and (iii) describing the contents of the sample by reference to the presence or absence of a disease or condition for which the meat testing programme was instituted, including any apparently related information concerning the contents, the certificate so produced shall be, without further proof, evidence that the sample referred to in paragraph (a) held the contents described in the certificate and, unless the contrary is proved, conclusive such evidence. 117E. Evidence of government expert conclusive . Where in any proceedings under this Act or in any other proceedings in respect of a matter arising under this Act- (a) evidence is given by a chemist or analyst employed in a laboratory conducted by the Government of Queensland or of the Commonwealth that he made a laboratory test of a sample taken under a meat

Meat Industry Act Amendment Act 1988, No. 27 223 testing programme instituted under this Part and evidence is given by him of the contents of the sample found by him upon the test by reference to the presence or absence of a disease or condition for which the programme was instituted, including any related information concerning the sample; or (b) evidence to the same effect is given by means of the certificate provided for by section 117D, the evidence shall be conclusive evidence of the contents of the sample upon which the chemist or analyst made the laboratory test. For the purposes of this section, a statement in a certificate provided for under section 117D to the effect that- (a) the laboratory at which the sample was received was a laboratory conducted by the Government of Queensland or of the Commonwealth; and (b) the person signing the certificate is a chemist or analyst employed at the laboratory, shall be evidence of the matters so stated, and, unless the contrary is proved, conclusive such evidence. 117F. Meat or carcasses unfit for human consumption. If directions are given under this Part requiring that any carcass or meat shall be retained as directed pending the results of the testing of any sample and the carcass or meat is not retained as directed, it shall be deemed to be unfit for human consumption. 117G. Powers of inspector not limited . The provisions of this Part shall not be taken to limit the powers conferred upon an inspector by any provision of this Act in respect of the testing of any matter or thing. 117x. Regulations . The power of the Governor in Council to make regulations under this Part includes the power to make regulations- (a) supplementing, reinforcing or implementing a meat testing programme instituted under this Part; (b) imposing by means of regulations in respect of any licensed place or class thereof any meat testing programme that it would be competent to the Chief Inspector with the approval of the Minister to institute under section 117A; (c) regulating the costs and expenses that may be charged by a laboratory in respect of the testing of a sample delivered to it under a meat testing programme under this Part.".

224 Meat Industry Act Amendment Act 1988, No. 27 11. Amendment of s. 123. Condemnation of prohibited animal or flesh. Section 123 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the words "or flesh" and substituting the words ", flesh, stock or meat"; (b) in the first paragraph, omitting the words "or flesh" where twice occurring and substituting the words ", flesh, stock or meat" in each case; (c) in the final paragraph, omitting the words "or flesh" and substituting the words ", flesh, stock or meat". 12. Amendment of s. 131A. Unlicensed premises . Section 131A of the Principal Act is amended by- (a) renumbering the existing provision as subsection (1); (b) inserting after the existing provision the following subsection:- "(2) A person shall be deemed to conduct a place as an abattoir, a slaughter-house, a public meat-market, a poultry slaughter-house or a knacker's yard if he uses that place on one or more occasions as an abattoir, a slaughter-house, a public meat-market, a poultry slaughter-house or a knacker's yard, as the case may be.". 13. New s. 134B. The Principal Act is amended by inserting after section 134A the following section:- "134u. Sale of uncooked food. A person shall not sell uncooked food which contains less than 51% meat at any premises other than a butcher's shop unless it is- (a) one of the prescribed meats; (b) poultry meat; or (c) such other uncooked food containing less than 51% meat as the Governor in Council by Order in Council declares may be sold at premises other than a butcher's shop.". 14. Repeal of s. 149. Publications of Proclamations , Orders in Council, regulations , &c. The Principal Act is amended by repealing section 149. 15. Repeal of and new s . 151. Superannuation for employees. The Principal Act is amended by repealing section 151 and substituting the following section:- "151. Superannuation scheme or arrangement . (1) The Authority and every Board are authorized and are deemed always to have been authorized to establish or participate in a provident scheme or arrangement or a scheme or arrangement that secures superannuation benefits , for such employees of the Authority or

Meat Industry Act Amendment Act 1988, No. 27 225 a Board as are not required by any other Act to contribute to a scheme or arrangement of that kind under that Act. (2) On or after the passing of the Meat Industry Act Amen ment Act 1988 it shall not be competent to the Authority or a Board- (a) to establish or to commence to participate in a scheme or arrangement such as is referred to in and authorized by subsection (1); (b) to amend a scheme or arrangement such as is referred to in and authorized by subsection (1) established by the Authority or a Board; or (c) to continue to participate in a scheme or arrangement such as is referred to in and authorized by subsection (1) that is amended subsequently to the passing of that Act and subsequently to the Authority's or a Board's commencing to participate therein, unless the approval of the Governor in Council has first been obtained to the establishment, participation, amendment or, as the case may be, continued participation. (3) The Governor in Council may grant the approval referred to in subsection (2) subject to such conditions as he sees fit including a condition that the terms and conditions of a scheme or arrangement established or participated in by the Authority or a Board on or after the date of commencement of the Meat Industry Act Amendment Act 1988 shall include a provision authorizing the Auditor-General or a person authorized by him for that purpose to audit the accounts and records of the financial transactions of the Authority or a Board in respect of that scheme or arrangement. When the Auditor-General is so authorized he shall have with respect to such audit all the powers and authorities conferred on him by the FinancialAdministration and Audit Act1977-1985. (4) A reference to a scheme or arrangement in subsection (2) (b) or (2) (c) includes a reference to any such scheme or arrangement which the Authority or a Board has established before or in which the Authority or a Board was participating immediately before the commencement of the Meat Industry Act Amendment Act 1988.". 16. Amendment of Third Schedule. The Third Schedule to the Principal Act is amended by omitting the words "buffalo,". 17. Amendment of Fifth Schedule. The Fifth Schedule to the Principal Act is amended by- (a) in clause 5- (i) in subclause (1), inserting after the words "prohibited animals" where twice occurring the words "and buffaloes";

226 Meat Industry Act Amendment Act 1988, No. 27 (ii) in subclause (2), omitting the words "and prohibited animals" and substituting the words ", prohibited animals and buffaloes"; (b) in subclause (1) of clause 13, omitting the word "abbatoirs" and substituting the word "abattoirs"; (c) in clause 27, inserting after the word "registration," the words "inspection,".