Meat Industry (Amendment) Act 1952 (NSW)

MEAT INDUSTRY (AMENDMENT) ACT.

Act No. 14, 1952.

An Act to make certain provisions in relation to. the grading, branding and sale of lamb and other meats; to transfer The Metropolitan Meat Industry Board's inspectors to the Public Service; for these and other purposes to amend the Meat Industry Act, 1915-1950; and for purposes connected therewith. [Assented to, 17th April, 1952.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
"Wales in Parliament assembled, and by the authority of the same, as follows:—

1 . (1) This Act may be cited as the "Meat Industry

(Amendment) Act, 1952".

(2) The Meat Industry Act, 1915, as amended by subsequent Acts and by this Act, may be cited as the Meat Industry Act, 1915-1952.

22A. This Par t of this Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette. 22B.

2 . The Meat Industry Act, 1915-1950, is amended by

inserting next after Par t I I I the following new Par t :—

PAET I I I A .

GRADING AND BRANDING OF MEAT.

22B. Where any animal is slaughtered—

(a) at the public abattoir or at premises within the Metropolitan Abattoir Area at which slaughtering is carried on with the consent

of the Board, or at premises licensed by the

Board under section 21A of this Act or

deemed to be licensed for the purposes of subsection one of that section; and
(b)	the carcase or meat derived from such animal is intended for human consumption in the Metropolitan Abattoir Area; and
(c)	the meat of the carcase thereof is of a prescribed grade or class,

the Board shall, forthwith after the slaughter of such animal, cause such carcase to be branded with the brand prescribed for that grade or class of meat.

22c. (1) No person shall within the Metropolitan Abattoir Area sell or offer for sale or expose for

sale or cause or allow to be sold, offered for sale or
exposed for sale as meat of a prescribed grade or

class—

(a) any carcase unless such carcase bears the prescribed brand for such prescribed grade

or class;

(b) any portion of a carcase unless such portion bears the prescribed brand for such prescribed grade or class or portion of such brand.

(2) Where it appears to the Minister that the

branded in accordance with the provisions of section	supplies of meat of a prescribed grade or class
22B of this Act and available for human consumption
in the Metropolitan Abattoir Area are insufficient to meet the needs of that area the Minister may by
notice published in the Gazette exempt, during such
period as may be specified therein, any carcase or portion of a carcase, the meat of which is of that grade or class, not branded in accordance with
section 22B of this Act from the operation of subsec­
tion one of this section.

22D.

22D. (1) The Governor may, upon the appl icat ion of a council of any a r ea outside the Metropol i tan Aba t to i r Area , by proclamat ion published in the Gazette, prohibi t any person within the a r ea of such council from selling or offering for sale or exposing for sale or causing or allowing to be sold, offered for sale or exposed for sale as m e a t of such prescr ibed g rade or class as m a y be specified in such proc lamat ion—

(a)	any carcase unless such carcase bears the prescr ibed b rand for such prescr ibed g rade
or c lass ;
(b)	any portion of a carcase unless such portion bears the prescr ibed b r and for such prescr ibed grade or class or por t ion of such brand.

(2) I n this section " c o u n c i l " includes council

of a city, municipal i ty or shire or a county council within the meaning of the Local Government Act, 1919, as amended by subsequent Acts .

(3) The Governor may, in like manner , suspend the operat ion of any such proclamat ion for such per iod as he may determine, or revoke any such proclamat ion.

22E. Where a proclamat ion which has been issued under section 22D of this Act is in force in respect of an a rea the Board or such other person as m a y be au thor i sed by the B oa r d in tha t behalf shall cause all animals s laughtered in tha t a rea or elsewhere for human consumption in tha t a rea to be branded,

for thwith upon such s laughter , with the b r and prescr ibed for the g rade or class of mea t to which	the prohibi t ion imposed by section 22D of this Act
relates.
22F. Sections 22c and 22D of this Act shall not app ly to such por t ions of a carcase as m a y be exempted from the opera t ion of those sections by the regula t ions .
22G. (1) No person other t han the Board or a person author ised by the Boa rd in t ha t behalf shall b r and any carcase or por t ion of a carcase with any

prescr ibed

prescribed brand and no person shall brand any

carcase or portion of a carcase with any brand
which resembles any prescribed brand or portion

thereof or is likely to or intended to convey the

impression that such brand is a prescribed brand or

portion thereof.

(2) No person shall sell or offer for sale or

expose for sale or cause or allow to be sold, offered or exposed for sale any carcase or portion of a carcase which has been branded with a prescribed
brand by any person other than the Board or a person authorised by the Board pursuant to this
Act or which has been branded with a brand which

resembles any prescribed brand or portion thereof

or is likely to or intended to convey the impression

that such brand is a prescribed brand or portion
thereof.

22H. Any person who contravenes any of the provisions of this Part of this Act or the terms of any prohibition in force under section 22D of this

Act shall be guilty of an offence against this Act

and shall be liable on summary conviction to a
penalty not exceeding fifty pounds.

22I. (1) The Governor may make regulations not inconsistent with this Act prescribing all matters which by this Par t of this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part of this Act and in particular and without prejudice to the generality of the foregoing power regulations may be made for and

with respect to—	(a)	prescribing grades or classes of meat for the purposes of this Par t of this Act;
(b)	prescribing in respect of each such grade
or class the brand with which a carcase,
the meat of which is of such grade or class, shall be branded, the manner of branding and the position of the brand;
(c)	specifying the portions of a carcase which shall be excluded from the operation of sections 22c and 22D of this Act;

(d)

(d) imposing a pena l ty not exceeding fifty

pounds for any breach of the regula t ions .

(2) The regula t ions m a y be of genera l

appl icat ion or may v a r y according to t ime, place,

c i rcumstances or subject-matter .

(3) The regula t ions shall—

(a) be published in the Gaze t te ;

(b)	take effect from the date of publication or from a la ter da te to be specified in the
regu la t ions ; and
(c) be laid before both Houses of	P a r l i a m e n t

within	fourteen	s i t t ing	days	after	the
publication	thereof	if	P a r l i a m e n t	is	in

session, and if not, within four teen s i t t ing days after the commencement of the next session.

If e i ther House of Pa r l i amen t passes a resolut ion

of which notice has been given at any t ime within fifteen s i t t ing days af ter the regula t ions have been laid before such House disallowing any regulat ion or p a r t thereof, such regulat ion or p a r t shall thereupon cease to have effect.

3. (1) This section shall commence upon a day to be appointed by the Governor and notified by proclamat ion published in the Gazette.

(2) The Meat I n d u s t r y Act, 1915-1950, is fur ther

amended—

(a)	by omitting from section seven the definition of
" I n s p e c t o r " and by inser t ing in lieu thereof the

following definition:—

" I n s p e c t o r " means any inspector appointed

unde r section 9A of this Act or any person who becomes an employee of the Publ ic Service p u r s u a n t to the said section or any person author ised in wr i t ing by the Minis ter to exercise t he powers of an inspector.

(b)

(b) (i) by omitting from section nine the word

" inspectors" ;

(ii)   by omitting from the same section the word " inspector" ;

(c) by inserting next after the same section the following new section:—

9A. (1) Such inspectors as may be necessary

for the purposes of this Act shall be appointed or
employed under and subject to the provisions of the Public Service Act, 1902, as amended by subsequent Acts.
(2) As upon and from the commencement

of this section all inspectors and veterinary

officers appointed under section nine of this Act
as enacted immediately before such commence­ ment and holding office immediately before such commencement shall become and be employees

of the Public Service and except as otherwise

provided by this section shall be subject to the provisions of the Public Service Act, 1902, as amended by subsequent Acts.

(3) The following provisions shall apply to any person referred to in subsection two of this section and shall so apply to him on and

after the date of commencement of this sec­

tion :—

(a) such person shall be paid a salary or wages at a rate not less than the rate

which was payable to him immediately before such commencement, subject to

any adjustment necessary to give effect

to any fluctuation in the basic wage for adult males as provided for under the Industrial Arbitration Act, 1940, as amended by subsequent Acts, until such salary or wages is or are varied in pursuance of the Public Service Act,

1902, as amended by subsequent Acts,

or by an award made by a competent

tribunal or by an industrial agreement;

(b)

(b) such person shall have and enjoy rights

a n d privi leges with r ega rd to annual , sick and extended leave not less favour­ able than those which he would have had and enjoyed had he continued to be a se rvant of the Board . F o r the purpose of this p a r a g r a p h service wi th the Board shall be deemed to be service in the Publ ic Service ;

(c)	where any condition of employment of such person is, immediately before the commencement of this section, regu­ lated by an award or indus t r ia l agreement , such condition shall con­ t inue to be so regula ted unt i l a deter­ minat ion in relat ion to such condition is made by the Public Service B oa r d in pursuance of the Public Service Act, 1902, as amended by subsequent Acts , or unti l an a w a r d regula t ing such condit ion is made by a competent t r ibunal or such condition is regula ted
by an indust r ia l ag reement ;
(d)	such person may, by writing under his hand addressed to the S ta te Super­ annuat ion Board const i tuted under the Superannua t ion Act, 1916, as amended b y subsequent Acts , and delivered or forwarded by pos t so as to be received
in the office of such Boa r d not la te r than th i r ty days af ter the commencement of

th is section, elect to become a con­ t r ibu to r to the S ta te Superannua t ion F u n d const i tuted under the said Act, as so amended. Any person so electing shall be deemed to be an employee within the mean ing and for the purposes of the said Act, as so amended, and unless such Board refuses to accept him as a contr ibutor p u r s u a n t to section

18051—4 11A

11A of the said Act, as so amended,

such person shall as from the
commencement of this section—

(i)   become a contributor to the said Fund; and

(ii)   if he was immediately before such commencement a contri­ butor to the Metropolitan Meat Industry Board Officers' Endow­ ment Fund cease to be such a contributor and shall be entitled to a refund of his contributions to such lastmentioned Fund upon the happening of any con­ tingency in relation to his em­ ployment in the Public Service which if it had happened in relation to his employment with the Board would under the con­ stitution and rules of such last- mentioned Fund have qualified: him for the payment of an endowment or a refund of his contributions.

I f such person does not become a contributor to the State Superannua­ tion Fund as aforesaid and was immediately before the commencement

of this section a contributor to the Metropolitan Meat Industry Board

Officers' Endowment Fund he shall

continue to contribute to the Metropoli­ tan Meat Industry Board Officers' Endowment Fund and shall be paid from such Fund any pension, gratuity, allowance or other benefit which he would have received from such Fund had he continued in the service of the

Board. And for the purpose of this

paragraph

p a r a g r a p h service in the Public Service af ter the commencement of this section shall be deemed to be service with the Board .

(4) Any person to whom the provis ions of subsection three of this section apply shall not he entit led to claim benefits under this Act as well as under any other Act in respect of the same per iod of service.

(5) There shall be paid to the Metropoli­ t a n Meat I n d u s t r y Board Officers' Endowment F u n d out of the Consolidated Revenue F u n d amounts equal to the contr ibut ions in respect of a person who continues to be a contr ibutor to such first-mentioned F u n d p u r s u a n t to subsection three of this section which would have been payable by the Board to such first- ment ioned F u n d had the service of such person with the Public Service been service with the Board . The contr ibut ions of such person to such first-mentioned F u n d shall be deducted f rom his sa la ry or wages and pa id into such

first-mentioned Fund .

(d)	(i)	by inserting in paragraph (b) of subsection th ree of section fifteen af te r the words " other e x p e n s e s " the words " o f the B o a r d " ;
(ii)	by inser t ing a t the end of the same section
the following new subsect ion:—
(4) W h e r e fees are not prescr ibed for the inspection of cattle a t the public sale- y a r d s or for the inspection of carcases a t the public aba t to i r the Board shall, out of the fund established under subsection three of this section, in each yea r p a y to the Colonial T r e a s u r e r an amount equal to the cost to the Crown for such yea r of employing inspectors under this Act at such sale-yards o r abat to i r , as the case may be.

Such

Such cost shall include an amount equal to the payments made in that year in respect of such inspectors to the Metropolitan Meat Industry Board Officers' Endowment Fundi by the Crown under subsection five of section 9A of this Act.

(e)	by omitting from subsection one of section? twenty-one the word " B o a r d " and by inserting:
in lieu thereof the word "Min i s t e r " ;

(f) (i) by omitting from subsection one of section

21A the words "approved by the Board" '

and by inserting in lieu thereof the words
"approved by the Minis ter" ;

(ii)   by omitting from the same subsection the- words "The prescribed fees for such inspection shall be paid to the Board" and by inserting in lieu thereof the word's "Such, fees as may be prescribed shall be paid for such inspection";

(g) by omitting from subsection one of section; twenty-two the word " B o a r d " and by inserting in lieu thereof the word "Minis te r" ;

(h) (i) by omitting from section twenty-seven the

words "by an officer";

(ii)   by omitting from the same section the words; " o r the by-laws thereunder" wherever occurring;

(i) (i) by omitting from subsection one of section

twenty-eight the words " o r the by-laws
hereunder";
(ii)	by omitting from the same subsection the- words " o r the by-laws thereunder";
(iii)	by inserting in subsection five of the same section after the word "Board"" the words " o r the Minister";

(i) (i) by omitting from paragraph (2) of sub­ section one of section thirty the word " inspectors" ;

(ii)

(ii)    by omit t ing from p a r a g r a p h (4) of the same subsection the words " f o r the inspection of cattle, and for the inspection and mark ing of meat , and for the fixing and collection of

fees therefor, a n d " ;

(k) by inserting next after the same section the following new sect ion:—

31. (1) The Governor m a y make regulat ions not inconsistent with this Act prescr ib ing all ma t t e r s which a re necessary or convenient to be prescr ibed for ca r ry ing out or giving effect to the provisions of this Act re la t ing to the inspection of cattle, carcases and meat , and in pa r t i cu la r and wi thout prejudice to the

genera l i ty of the foregoing power regula t ions

may be made for and with respect t o —

(a)	defining the duties and powers of inspec tors ;
(b)	providing for the inspection of cattle, and for the inspection and mark ing of meat , and for the fixing and collection of
fees the re fo r ;
(c)	imposing a penalty not exceeding fifty pounds for any breach of the regula­ t ions.

(2) Such regulat ions shall—-

(a) be published in the Gazet te ;

(b) take effect from the date of publication

or from a la ter da te to be specified in

the regu la t ions ;

(c) be laid before both Houses of

Pa r l i amen t within fourteen s i t t ing d a y s

af ter publication if P a r l i a m e n t is then in session, and if not, then within fourteen s i t t ing days af ter the com­ mencement of the next session.

If ei ther House of P a r l i a m e n t passes a

resolution of which notice has been given a t any t ime within fifteen s i t t ing days af ter such

regula t ions

regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.

4. The Meat Industry Act, 1915-1950, is further

amended—

(a)	by omitting paragraph (c) of subsection one of section nineteen;
(b)	by inserting next after subsection four of section

25A the following new subsection:—

(4A) Notwithstanding anything contained in this section the capital indebtedness to the State of the corporation sole or of the Board shall not include and shall be deemed never to have included any of the expenditure for the addition to the public abattoir of the cold store known as the "No. 2 Cold Store".

by inserting in subsection one of section twenty- eight after the word "constable" the words " o r any officer within the meaning of the Pure Food Act, 1908, as amended by subsequent Ac t s " ;

(d) by inserting next after the same section the following new section:—

28A. Any officer or inspector or member of the police force or any special constable or any officer within the meaning of the Pure Food Act, 1908, as amended by subsequent Acts, may, for the

purpose of ascertaining whether this Act has been or is being contravened, at all reasonable

times, enter and search any premises which are

being or are suspected of being used for the slaughter of cattle for sale for human consump­ tion or any premises on which any carcase or portion of the carcase of an animal is or is suspected to be offered, exposed, stored or kept for sale for human consumption and may inspect any carcase or portion of the carcase of any animal found thereon.

(e)

(e) (i) by omitting paragraph (b) of section twenty- nine and by inserting in lieu thereof the following paragraph:—

(b) prevents, obstructs or hinders any inspector or officer of the Board or any member of the police force or any special constable or any officer within the meaning of the Pure Food Act, 1908, as amended by subsequent Acts, in the exercise of any power or duty conferred or imposed upon him by this Act;

(ii) by inserting in paragraphs (c) and (d) of the same section after the word "constable" wherever occurring the words " o r any officer within the meaning of the Pure Food Act, 1908, as amended by subsequent Ac t s " ;

(f) by inserting in section one next after the matter relating to Par t I I I the following new matter—

PART IIIA.—GRADING AND BRANDING OF MEAT

—ss. 22A-22I.