Meat Industry (Amendment) Act 1964 (NSW)

MEAT INDUSTRY (AMENDMENT) ACT.

Act No. 43, 1964.

ber, 1964.]

An Act to enable the Department of Agriculture to undertake, in certain circumstances, responsibility for the inspection of meat at certain abattoirs established in local government areas or county districts; to extend the powers of the Metropolitan Meat Industry Board relating to borrowing and in certain other respects; for these and other purposes to amend the Meat Industry Act, 1915, and certain other Acts; and for purposes connected therewith. [Assented to, 27th Novem-

BE	it enacted by the Queen ' s Mos t Excellent Majesty, by and with the advice and consent of the Legislative Counci l and Legislative Assembly of New South Wales in Par l iament assembled, and by the author i ty of the same, as
follows : —

1. ( 1 ) This A c t m a y b e cited as the " M e a t Indus t ry

( A m e n d m e n t ) Ac t , 1 9 6 4 " .

( 2 ) T h e M e a t Indus t ry Ac t , 1 9 1 5 , as amended by

subsequent Ac t s , is in this A c t referred to as the Pr inc ipa l

A c t .

( 3 ) T h e Pr incipal Act , as amended by this Act , m a y

b e cited as the M e a t Indus t ry Ac t , 1915-1964 .

2 . T h e Pr inc ipa l A c t is a m e n d e d —

(a)	by omitting from the definition of "Inspector" in section seven the words " the said sec t ion" and by inserting in lieu thereof the words " tha t section or section 9B of this A c t " ;
(b)	by inserting next after section 9A the following new section : —

9 B . ( 1 ) T h e Minis ter may , at the request of a

counci l or county counci l wi thin the mean ing of the Loca l G o v e r n m e n t Act , 1919 , as amended by subsequent Ac t s , agree tha t the D e p a r t m e n t of Agr icu l tu re shall , on and from a day to b e o r county counci l of his agreement to its request , specified in a not ice in writ ing informing the counci l exercise and per form the council ' s or county

counci l ' s powers , authori t ies , duties and functions unde r the provisions of any Ac t , regulat ion o r

o rd inance in relat ion t o —

(a ) the inspect ion of—

(i)    animals slaughtered or intended to b e s laughtered a t the premises speci­ fied in the not ice tha t a re within the a rea o r district of the counci l o r

coun ty

c o u n t y	c o u n c i l	a n d	are	l i c e n s e d	or
d e e m e d	t o	b e	l i c e n s e d	u n d e r	s e c t i o n

2 1 A of th i s A c t ; a n d

( i i ) a n y c a r c a s e or par t o f a c a r c a s e , a n d

a n y s a u s a g e s , s a v e l o y s o r o t h e r

s m a l l g o o d s	( t o	b e	u s e d	as	t h e	f o o d
o f	m a n )	b r o u g h t	o r	s e n t	t o	t h e

p r e m i s e s spec i f i ed in the n o t i c e i n

a c c o r d a n c e w i t h t h o s e p r o v i s i o n s ;

( b ) t h e f ix ing a n d c h a r g i n g o f f ee s for m a k i n g

i n s p e c t i o n s re ferred t o i n p a r a g r a p h ( a ) o f

this	s u b s e c t i o n .
(2 )	T h e d a y spec i f i ed in a n y s u c h n o t i c e i s ,

i n	r e l a t i o n	t o	t h e	p r e m i s e s	spec i f i ed	i n	the	n o t i c e ,
referred	t o	in	this	s e c t i o n	as	t h e	a p p o i n t e d	d a y .

( 3 ) O n a n d f r o m t h e a p p o i n t e d d a y , the

p o w e r s , a u t h o r i t i e s , du t i e s a n d f u n c t i o n s re ferred t o

i n s u b s e c t i o n o n e o f this s e c t i o n sha l l c e a s e t o b e

e x e r c i s e d a n d p e r f o r m e d b y t h e c o u n c i l or c o u n t y

c o u n c i l c o n c e r n e d a n d sha l l b e e x e r c i s e d a n d

p e r f o r m e d b y the D e p a r t m e n t o f A g r i c u l t u r e .

( 4 ) F o r t h e p u r p o s e s of a n y A c t , r e g u l a t i o n

o r o r d i n a n c e u n d e r w h i c h a n y p o w e r s , a u t h o r i t i e s ,

d u t i e s o r f u n c t i o n s re ferred t o i n s u b s e c t i o n o n e

o f this s e c t i o n a re c o n f e r r e d or i m p o s e d o n a

c o u n c i l o r c o u n t y c o u n c i l , a p e r s o n a p p o i n t e d

u n d e r s e c t i o n 9 A o f this A c t t o b e a n i n s p e c t o r a n d

c a r r y i n g o u t t h e d u t i e s o f a n i n s p e c t o r at a n y

p r e m i s e s spec i f i ed i n a n o t i c e u n d e r s u b s e c t i o n o n e

o f this a p p o i n t e d s e c t i o n sha l l b e d e e m e d t o b e a n i n s p e c t o r

u n d e r that A c t , r e g u l a t i o n or o r d i n a n c e

b y t h e c o u n c i l o r c o u n t y c o u n c i l in w h o s e area or

d i s tr ic t t h e p r e m i s e s are s i tua ted .

(5 ) W h e r e , i m m e d i a t e l y b e f o r e t h e

a p p o i n t e d d a y , t h e c o u n c i l o f a n area o r t h e c o u n t y

c o u n c i l o f a dis tr ict e m p l o y e d a s ervant , w h o w a s
a n

an inspector wi thin the mean ing of the Cat t le Slaughter ing and Diseased Animal s and M e a t Act , 1902 , as a m e n d e d by subsequent Acts , and whose duties ordinar i ly were , or included, the carrying ou t of any inspections of a k ind referred to in p a r a g r a p h ( a ) of subsection one of this section, that servant shall, on and from that day, cease to be a servant of tha t counci l or county counci l and become and be an employee of the Publ ic Service and, except as otherwise provided in this section, shall b e subject to the provisions of the Publ ic Service Ac t ,

1902 , as a m e n d e d by subsequent Ac t s .

( 6 ) A person w h o ceases to be a servant of

a council or county council and becomes an employee of the Publ ic Service by vir tue of this

section s h a l l —

(a) be paid salary or wages at a rate not less than the ra te which was payable to h im, as such a servant immedia te ly before the appoin ted day, subject to any adjus tment necessary to give effect to any fluctuations in the basic wage for adul t males from t ime to t ime appl icable by vir tue of the p ro­ visions of the Indust r ia l Arb i t r a t ion Act , 1940 , as a m e n d e d by subsequent Acts , unt i l such salary o r wages is or a re var ied o r al tered unde r the provisions of the Publ ic Service Ac t , 1 9 0 2 , as a m e n d e d by subse­ quen t Ac t s , o r by an award or industr ia l agreement m a d e or filed unde r the said Indust r ia l Arb i t r a t ion A c t ;

( b )	b e enti t led to any recreat ion and sick leave accrued to h im as such a servant bu t no t
t aken at the appoin ted d a y ; and
(c)	have and enjoy rights and privileges with regard to ex tended leave not less favourable t han those appl icable to h im as such a servant immedia te ly before h e b e c a m e

such

s u c h	a n e m p l o y e e	a n d	for t h e p u r p o s e	of	his
e n t i t l e m e n t	u n d e r	this	p a r a g r a p h	h is	c o n ­

t i n u o u s s e r v i c e w i t h t h e c o u n c i l or c o u n t y

c o u n c i l c o n c e r n e d i m m e d i a t e l y b e f o r e t h e

a p p o i n t e d d a y shal l b e d e e m e d t o b e

s e r v i c e i n the P u b l i c S e r v i c e .

( 7 ) E x c e p t as p r o v i d e d b y this s e c t i o n ,

w h e r e a n y c o n d i t i o n o f e m p l o y m e n t o f a n y p e r s o n

w h o h a s b e c o m e a n e m p l o y e e o f t h e P u b l i c S e r v i c e

b y v ir tue of th i s s e c t i o n w a s r e g u l a t e d b y a n y a w a r d

o r indus tr ia l a g r e e m e n t m a d e or f i led u n d e r t h e

Indus tr ia l A r b i t r a t i o n A c t , 1 9 4 0 , as a m e n d e d b y

s u b s e q u e n t	A c t s ,	a n d	a p p l i c a b l e	t o	h i m	as	a
s e r v a n t	o f	t h e	c o u n c i l	or	c o u n t y	c o u n c i l	c o n c e r n e d
a n d	d o e s	n o t	conf l i c t	w i t h	a n y	p r o v i s i o n s	c o n t a i n e d

in t h e P u b l i c S e r v i c e A c t , 1 9 0 2 , as a m e n d e d b y

s u b s e q u e n t A c t s , or the r e g u l a t i o n s m a d e there­

u n d e r , s u c h c o n d i t i o n sha l l c o n t i n u e t o a p p l y t o

h i m unt i l it i s r e g u l a t e d b y a n a g r e e m e n t or deter­

m i n a t i o n m a d e u n d e r t h e P u b l i c S e r v i c e A c t , 1 9 0 2 ,

as a m e n d e d b y s u b s e q u e n t A c t s , or b y a n a w a r d or

indus tr ia l a g r e e m e n t s o m a d e or fi led.

W h e r e indus tr ia l a n y d i s p u t e ar ises w h e t h e r a n a w a r d o r

a g r e e m e n t r e g u l a t i n g a n y s u c h c o n d i t i o n

conf l i c t s w i t h a n y p r o v i s i o n s c o n t a i n e d in t h e s a i d

P u b l i c S e r v i c e A c t or the r e g u l a t i o n s t h e r e u n d e r ,

t h e sa id A c t or r e g u l a t i o n s , as t h e c a s e m a y b e ,

sha l l p r e v a i l .

( 8 ) A n y p e r s o n w h o h a s b e c o m e a n

e m p l o y e e of the P u b l i c S e r v i c e b y v i r tue o f th i s

s e c t i o n a n d w h o w a s , i m m e d i a t e l y b e f o r e the

a p p o i n t e d d a y , a p e r s o n t o w h o m t h e L o c a l G o v e r n ­

m e n t a n d O t h e r A u t h o r i t i e s ( S u p e r a n n u a t i o n ) A c t ,

1 9 2 7 - 1 9 5 9 , a p p l i e d m a y , b y w r i t i n g u n d e r h i s h a n d

a d d r e s s e d	t o	t h e	S t a t e	S u p e r a n n u a t i o n	B o a r d	c o n ­
s t i tu ted	u n d e r	t h e	S u p e r a n n u a t i o n	A c t ,	1 9 1 6 ,	as

a m e n d e d

a m e n d e d by subsequent Acts , and delivered or forwarded by post so as to be received in the office of that Board not later t han three months after he became such an employee, elect to become a con­ t r ibutor to the State Superannua t ion F u n d consti­ tuted unde r that Ac t , as so amended .

(9 ) A n y person mak ing the election

referred to in subsect ion eight of this section shall be deemed to be an employee within the mean ing and for the purposes of the Superannua t ion Act , 1916 , as amended by subsequent Acts , and to have become a cont r ibutor to the State Superannua t ion F u n d on and from the appointed day and sha l l—

(a)	on and from the appointed day, cease to be
a person to w h o m the Loca l G o v e r n m e n t
and Othe r Author i t ies (Supe rannua t ion )
Act , 1927-1959 , app l ies ; and
(b)	be entitled to exercise whatever rights and to have and enjoy whatever benefits unde r the Loca l Gove rnmen t and O the r Author i ­ ties (Supe rannua t ion ) Act , 1927-1959 , that he would have been entit led to exercise or have and enjoy if he had resigned from the service of the council or county council concerned on the appoin ted day .
( 1 0 ) W h e r e a person w h o was enti t led to

m a k e the election referred to in subsection eight of this section does no t d o so in accordance with that subsection, he shall cont inue to be a person to w h o m the Loca l Gove rnmen t and Othe r Author i t ies (Supe rannua t ion ) Act , 1927-1959 , applies and shall be entit led to receive any a m o u n t or benefit which he would have been entit led to receive unde r tha t Ac t h a d he cont inued in the service of the counci l o r county council concerned.

F o r

F o r the purposes of this p a r a g r a p h service in the
Publ ic Service after the appoin ted day shall b e

d e e m e d to be service with the counci l o r county

counci l	concerned .
( 1 1 ) A person w h o has b e c o m e an

employee of the Publ ic Service by vir tue of this section shall not be enti t led to c la im benefits u n d e r this Ac t as well as unde r any o ther A c t in respect of the same per iod of service.

( 1 2 ) T h e provisions of the Loca l Govern­

men t (Supe rannua t ion ) Act , 1927 , as amended by subsequent Acts , shall apply to a person referred to in subsect ion ten of this section while he con­ t inues to be an employee of the Publ ic Service, a n d for the purposes of such appl icat ion any reference in tha t Act , as so amended , to a council shall be cons t rued as a reference to any D e p a r t m e n t of the

G o v e r n m e n t in which that person is employed	after
the appoin ted	day .

( 1 3 ) In this section " A r e a " and "Dis t r i c t "

have the meanings ascribed thereto by section four a n d section five h u n d r e d and sixty, respectively, of the Loca l G o v e r n m e n t Ac t , 1 9 1 9 , as amended by

subsequent Ac ts .

(c) (i) by omit t ing from subsect ion one of section 2 1 A the words "a city, munic ipal i ty or sh i r e" and by inserting in lieu thereof the words " a n

a rea or a d i s t r i c t " ;

(ii) by omitting from the same subsection the

words "such city, munic ipal i ty or sh i re" and by inserting in lieu thereof the words "such

area or the county counci l of such d is t r ic t " ;

(iii)    by inserting in the same subsection after the word "subsec t ion ," the words "or by a n inspector carrying ou t any such inspection at any premises specified in a notice unde r sub­ section one of section 9 B of this A c t , " ;

(iv)

(iv)    by inserting in the same subsection after the word "accordingly ." the following new para­ g raph : —

I n this subsection " A r e a " and "Dis t r ic t "

have the meanings ascribed thereto by section four and section five h u n d r e d and sixty,

respectively, of the Loca l G o v e r n m e n t Act ,

1919 , as amended by subsequent Acts .

3 . T h e Pr incipal Ac t is further a m e n d e d by inserting

next after section 14A the following new sections : —

14B . T h e Board m a y from t ime to t ime with the

concur rence of the Treasure r and the approva l of the

Governor bo r row money f o r —

(a)	the purpose of carrying out and performing any
of its powers , author i t ies , duties and funct ions ;
(b )	the renewal of l o a n s ;
(c)	the discharge or partial discharge of any indebt­ edness to the Treasure r or to any b a n k ; or

(d ) any other purpose of this Act .

1 4 c . ( 1 ) T h e Board shall establish a reserve for loan

r epaymen t fund in respect of each loan or renewal loan

raised by the Board .

( 2 ) T h e Boa rd shall dur ing each year transfer

t o each such fund from the revenue of the Board a sum no t less t han the sum tha t the Board in its appl icat ion for approva l of the loan in t imated tha t it p roposed to t ransfer as aforesaid.

( 3 ) W h e r e any land or p roper ty of any k ind

which has been provided out of loan moneys is sold before the loan has been wholly repaid, the net proceeds

of

of the sale shall be a d d e d to the reserve for loan repay­ m e n t in the app rop r i a t e fund or pa id directly to the lender .

( 4 ) Moneys held as reserve for loan repayment m a y be invested in government securities of the Com­ monwea l th of Aust ra l ia or of the State of N e w South Wales , o r in debentures , bonds , inscr ibed stock or o ther prescr ibed securities in any loan of the Board , or in

any securities guaran teed by the G o v e r n m e n t of the said State , o r in debentures or securities issued by the

Sydney Coun ty Counci l or the Sydney City Counci l , o r
in such o the r securities as the Governor m a y approve or as m a y be prescr ibed, in each case at their cur ren t

m a r k e t pr ice . A n y interest or profits realised o n such investments shall b e added to and form pa r t of the

reserve for loan r epaymen t fund from which the invest­

men t s were m a d e . Al l moneys pa id in to the reserve
fund for loan r epaymen t in respect of any loan or renewal loan may be appl ied in or t owards r epaymen t of any o ther loan o r renewal loan bu t m a y no t be

appl ied for any o ther purpose unti l t he loan or renewal

loan in respect of which the fund has been establ ished

has been r epa id .

( 5 ) W h e r e the Board decides to cancel deben­

tures , bonds , inscribed stock or o ther prescr ibed

for r epaymen t of the loan for which they were	securities of the Boa rd purchased from the reserve	issued, then , in addi t ion t o the s u m otherwise pay­
able to the reserve for loan r epaymen t in respect of
tha t loan, the Boa rd shall, subject to a n y agreement to which it is a par ty whereby it under takes to p a y interest
at a higher ra te to such reserve, p a y to such reserve
interest at the ra te of four and one-half per cen tum per a n n u m on the face value of the cancelled securities f rom
the da te of their cancel lat ion unti l the matur i ty of the loan.

( 6 )

( 6 ) If after a loan has been repaid, there
remains in the reserve for r epayment of that loan any

ba lance , such ba lance shall form pa r t of the funds of

the Boa rd .

( 7 ) T h e reserve for loan repayment shall no t b e subject to seizure in satisfaction of any debt other t han for the loan in respect of which the reserve was crea ted .

( 8 ) This section shall not apply to any loan to
be repaid by insta lments a t intervals of one year or less.

14D. ( 1 ) F o r securing repayment of the pr incipal and interest on any money bor rowed the Board m a y as p rovided by the regulat ions issue debentures , bonds , inscribed stock or o ther prescr ibed securities.

( 2 ) Every such deben tu re or b o n d and every

coupon originally annexed to the deben tu re or b o n d a n d whe ther separa ted therefrom or not shall be t ransferable by simple delivery.

( 3 ) Inscr ibed stock shall be t ransferable in the

books of the Board in accordance with the regulat ions.

( 4 ) Deben tu res , bonds , inscribed stock or

prescr ibed securities issued unde r this A c t shall bo th as regards the issue and transfer thereof for full considerat ion or money or money ' s wor th be deemed to be inc luded in the general exempt ions from s t amp du ty under P a r t I I I of the S t amp Dut ies Act ,

1920 , as amended by subsequent Acts , conta ined in the

Second Schedule to that Ac t . T h e regulat ions m a y pro­ vide for the exempt ion from s tamp duty of any other

prescr ibed security.

( 5 ) T h e holder of a coupon originally annexed

to a deben tu re or b o n d and whe ther separa ted dierefrom

or not shall be enti t led to receive p a y m e n t from the B o a r d of the interest ment ioned in the coupon u p o n the presenta t ion of the same on or after the da te when and at the p lace where the interest is payab le .

(6 )

( 6 ) T h e due r epaymen t of the debentures , bonds , s tock and the interest the reon a n d of any loan in respect of which any other prescr ibed security is issued and the interest thereon shall b e a charge u p o n the i ncome and revenue of the Board from whatever source arising and is hereby gua ran teed by the G o v e r n m e n t . A n y liability arising from such guaran tee shall be payab le out of moneys provided by Par l i ament . Such charge shall no t pre judice o r affect the power of the Boa rd to sell or convey any proper ty vested in it free of any such charge .

14E. ( 1 ) Notwi ths tand ing anyth ing conta ined in this

Pa r t any money which the Boa rd is author ised to bo r row m a y b e bo r rowed by a loan raised wholly or in pa r t in such count ry as the Gove rno r m a y approve , and m a y b e negot ia ted and raised in any cur rency .

( 2 ) A n y such loan m a y b e raised wholly o r in

pa r t by the issue of debentures , bonds , s tock or o ther securities in any form and conta in ing any term, condi t ion or provis ion permi t ted unde r the law of the p lace where such loan is raised and the B o a r d m a y establish and conduc t in such count ry registries re la t ing to the securities issued in respect of such loan .

( 3 ) T h e B o a r d m a y in respect of any such loan

agree tha t a s inking fund shall b e establ ished and control led at such p lace , by such person and in such m a n n e r as m a y b e found necessary or expedient in the c i rcumstances of the case and, where any such sinking

fund is so established, the provisions of section 1 4 c of	this A c t shall apply wi th regard to tha t loan only in
respect of the amoun t , if any, the r epaymen t of which is no t p rov ided for by the s inking fund established unde r
the agreement .
(4 ) In connec t ion wi th the raising of any loan u n d e r this section, the B o a r d m a y enter in to such agree­ ments as the Boa rd shall th ink fit with respect to the form of such debentures , bonds , s tock or o ther securities, o r for the sale of such debentures , bonds , s tock or o ther securit ies, or the grant ing of an op t ion to pu rchase such

deben tures .

debentures , bonds , s tock or o ther securities, or for services to be per formed by any pe r son in Aus t ra l ia o r in any other pa r t of the world in connect ion with such l oan or wi th the issue, m a n a g e m e n t and redempt ion of o r otherwise wi th respect to such debentures , bonds , s tock or o ther securities, and such agreements m a y b e u p o n such terms and condi t ions and m a y conta in such provisions for the giving or receipt of considerat ion as the Boa rd shall th ink fit.

Copies of any such agreement shall be forwarded to the Minis ter w h o shall cause the same to be laid before b o t h Houses of Pa r l i amen t as soon as possible after the loan is raised.

( 5 ) T h e Gove rno r m a y u p o n the recommen­

da t ion of the B o a r d appo in t two or m o r e persons to en te r in to for and o n behalf of the Boa rd all such agree­ ments as the B o a r d is by this section author ised to enter in to and to sign, execute , o r otherwise perfect all such agreements , debentures , bonds , s tock or o ther securities as a re by this section provided for and to d o all such things as may be necessary or convenient to b e d o n e for the purpose of raising any loan unde r this Ac t , and m a y u p o n the like r ecommenda t ion revoke or vary any such

appo in tmen t and m a k e any fresh appo in tment .

T h e p roduc t ion of a copy of the Gaze t te conta in ing

a notification of any such appo in tmen t or revocat ion as aforesaid shall in favour of a lender o r of any holder of a security be conclusive evidence of the appo in tmen t or revocat ion .

( 6 ) Al l debentures , bonds , stock or o ther

securities bear ing the signatures of such persons so appo in ted in tha t behalf shall be deemed to be securities lawfully issued unde r seal by the Boa rd and the pr inc ipa l moneys and interest secured thereby shall b e a charge u p o n the income a n d revenue of the Boa rd f rom whatsoever source arising, and the due repayment of such pr incipal moneys and interest is hereby guaran­ teed by the Governmen t , and all agreements and any ins t ruments purpor t ing to be m a d e or issued unde r the

author i ty

a u t h o r i t y	o f	th i s	s e c t i o n	a n d	b e a r i n g	the	s ignatures	o f
s u c h	p e r s o n s	shal l	b e	d e e m e d	t o	h a v e	b e e n	l a w f u l l y

m a d e or i s s u e d b y the B o a r d , a n d if t h e s a m e shal l

p u r p o r t t o h a v e b e e n s e a l e d b y s u c h p e r s o n s to h a v e

b e e n l a w f u l l y e x e c u t e d b y t h e B o a r d u n d e r sea l .

A h o l d e r of a n y s u c h d e b e n t u r e , b o n d , s tock or o t h e r

s e c u r i t y	shal l	n o t	b e	b o u n d	t o	e n q u i r e	w h e t h e r	the
i s s u e	of	s u c h	secur i ty	was	i n	f a c t	d u l y	a u t h o r i s e d .

( 7 ) S u b j e c t t o th i s s e c t i o n a n d the l a w in f o r c e

in the p l a c e w h e r e a n y l o a n is r a i s e d u n d e r this s e c t i o n

a n d a p p l i c a b l e t o s u c h l o a n a n d the secur i t i e s i s s u e d in

c o n n e c t i o n t h e r e w i t h the p r o v i s i o n s o f th i s P a r t o t h e r

t h a n s u b s e c t i o n o n e o f s e c t i o n 1 4 D a n d s u b s e c t i o n s three

a n d	four	of	s e c t i o n	1 4 G of	th is	A c t	sha l l	a p p l y ,	m u t a t i s
m u t a n d i s ,	t o	a n d	in	r e s p e c t	o f	s u c h	l o a n	a n d	s u c h
secur i t i e s .

1 4 F . ( 1 ) Amy trustee u n l e s s e x p r e s s l y f o r b i d d e n b y

t h e i n s t r u m e n t (if a n y ) c r e a t i n g t h e trust , m a y i nv es t

a n y	trust	m o n e y s	in	h i s h a n d s	in	s t o c k	inscr ibed	b y	t h e
B o a r d ,	a n d	t h e	i n v e s t m e n t	shal l	b e	d e e m e d	t o	b e	a n

i n v e s t m e n t a u t h o r i s e d b y the T r u s t e e A c t , 1 9 2 5 , or a n y

A c t a m e n d i n g or r e p l a c i n g that A c t .

( 2 ) A n y d e b e n t u r e i s s u e d or s t o c k i n s c r i b e d b y

t h e B o a r d sha l l b e a l a w f u l i n v e s t m e n t for a n y m o n e y s

w h i c h a n y c o m p a n y , c o u n c i l or b o d y c o r p o r a t e incor­

p o r a t e d	b y	a n y	A c t	of	P a r l i a m e n t	o f	N e w	S o u t h	W a l e s
i s	a u t h o r i s e d	or	d i r e c t e d	t o	i nv es t	in	a d d i t i o n	t o	a n y

o t h e r i n v e s t m e n t e x p r e s s l y p r o v i d e d for the i n v e s t m e n t

o f s u c h m o n e y s .

( 3 ) N o n o t i c e o f a n y trust e x p r e s s e d , i m p l i e d

or c o n s t r u c t i v e , sha l l b e r e c e i v e d b y the B o a r d or b y a n y

officer of t h e B o a r d in r e l a t i o n t o a n y d e b e n t u r e or

c o u p o n i s s u e d or s t o c k i n s c r i b e d b y t h e B o a r d .

14G. ( 1 ) If a n y d e b e n t u r e o r b o n d i s s u e d b y t h e

B o a r d is los t or d e s t r o y e d or d e f a c e d b e f o r e the s a m e h a s

b e e n	p a i d ,	t h e	B o a r d	m a y ,	s u b j e c t	t o	t h e	p r o v i s i o n s	of
th i s	s e c t i o n ,	i s s u e	a	n e w	d e b e n t u r e	o r	b o n d	i n	l i e u

thereof .

(2)

( 2 ) T h e new deben tu re o r b o n d wi th interest

c o u p o n annexed shall bea r the same da te , number , pr inc ipa l sum, and ra te of interest as the lost, dest royed or defaced deben tu re or bond .

( 3 ) W h e n the deben tu re or b o n d is lost or

des t royed the new deben tu re or bond shall no t be issued

unless and u n t i l —

(a)	a judge of the Supreme Court has been satisfied by affidavit of the person enti t led to the lost or destroyed deben tu re o r bond , or of some person approved by the judge, tha t the same has been lost or destroyed before it has been pa id off;
(b)	such advertisement as the judge may direct has
been pub l i shed ;
(c)	six months have elapsed since the publication of
the last of the adver t i sements ; a n d
(d)	sufficient security has been given to the Board

to indemnify it against any double paymen t if the missing deben tu re or bond be at any t ime thereafter presented for paymen t .

( 4 ) W h e n the deben tu re or b o n d is defaced the

new deben tu re o r b o n d shall not be issued unless and unt i l the defaced deben tu re or bond is lodged with the

B o a r d	for	cancel la t ion.
( 5 )	T h e provisions of this section shall, muta t i s

mutand i s , extend to the case of a lost, destroyed, or

defaced coupon .

( 6 ) In case of the loss, theft, destruct ion, mut i la t ion or defacement of any deben tu re or b o n d issued unde r section 14E of this Act , a dupl ica te or new deben tu re or b o n d may be issued u p o n proof to the satisfaction of the Board of such loss, theft o r destruc­ t ion, o r u p o n sur render of the mut i la ted o r defaced

deben tu re o r bond , as the case m a y be , and u p o n the

Boa rd

Board receiving security o r indemni ty satisfactory to it against doub le p a y m e n t if t he missing deben tu re o r b o n d b e a t any t ime thereafter presented for paymen t .

14H . ( 1 ) A person advanc ing m o n e y to the B o a r d

shall not be b o u n d to enqui re in to the appl ica t ion of the m o n e y advanced , o r be in any way responsible for

the non-appl ica t ion o r misappl ica t ion thereof.

( 2 ) A notification in the Gaze t te of the approva l

of the G o v e r n o r having been given to a bor rowing by the B o a r d shall , in favour of a lender a n d of any holder of a security given by the Board , be conclusive evidence tha t all condi t ions p receden t to the bor rowing have been compl ied with, and where the approva l notified is to the bor rowing by the Boa rd in a count ry outs ide N e w South Wales and in a par t icu lar cur rency shall also be conclusive evidence in favour of such persons of the approva l of the Gove rno r to the bo r rowing in the count ry and in the cur rency specified in the notification.

14I. Al l debentures , bonds , s tock, or o ther securities which are secured u p o n the income and revenue of the B o a r d shall r ank pa r i passu wi thout any preference one above ano ther by reason of priori ty of da te or otherwise.

4. ( 1 ) T h e Pr inc ipa l Ac t is further a m e n d e d —

(a)	by inserting at the end of subparagraph (ii) of
p a r a g r a p h (d ) of subsect ion th ree of section 9A t he
words "or , if he has no t b e c o m e so enti t led before
the expi ra t ion of the per iod hereinafter men t ioned

in this subpa rag raph , u p o n the expi ra t ion of such per iod of service in the Publ ic Service unde r this section as together wi th his service wi th the Boa rd before the c o m m e n c e m e n t of this section, be ing

service after he b e c a m e a cont r ibu tor to the Met ro ­

pol i tan M e a t Indus t ry B o a r d Officers' E n d o w m e n t

F u n d , amoun t s to ten y e a r s " ;

(b )

( b )	by insert ing a t the end of p a r a g r a p h two of section fourteen the words " o r for preserving, chilling o r
freezing any per ishable f o o d ; " ;
(c)	by inserting at the end of section 14A the following
n e w s u b s e c t i o n : —

(2 ) T h e Treasu re r m a y advance such moneys

to the Boa rd as the Gove rno r m a y approve u p o n such terms and condi t ions as to r epaymen t and

interest as m a y be agreed u p o n .

(d )	(i)	by inserting in subsection three of section
twenty-one after the w o r d " p u r s u a n c e " the
words "of subsect ion t w o " ;
(ii)	by inserting at the end of the same section the following new subsect ion : —
( 4 ) A n y officer author ised in tha t behalf by the Board and approved by the Minis ter may , whe ther or not the owner consents , seize, s laughter and destroy any an imal found on any land or premises of the Boa rd in such a condi t ion tha t it is, in the opinion of tha t officer, cruel to keep tha t an imal alive. N o compensa t ion shall be recoverable against an officer or the Boa rd in respect of any an imal destroyed in pu r suance of this subsection.

(e)	by omitting from subsection six of section 21A the words " , and the abat to i r established unde r the Newcas t le District Aba t to i r and Sale Y a r d s Act , 1 9 1 2 , as amended by subsequent Ac t s , and any aba t to i r established under the Broken Hill Abat ­ toirs Marke t s and Cat t le Sale-yards Act , and any abat to i r provided, control led and m a n a g e d by a
council unde r Pa r t X X I of the Loca l Gove rnmen t
Ac t , 1919 , as a m e n d e d by subsequent A c t s , " ;

(f)

(f)	by inserting at the end of section 22G the following new subsection : —
( 3 ) Th i s section shall apply to any a rea in respect of which a p roc lamat ion issued under section 2 2 D of this A c t is in force as well as to the
Met ropo l i t an Aba t to i r A r e a .
( g )	by insert ing next after p a r a g r a p h six of subsect ion one of section thir ty the following new para­ g raph : —

(6A) providing for the fixing, levying a n d col­

lecting of a charge w h e r e —

(i)    an order for the slaughter of animals has been cancelled, or such a n order has been a l tered by reducing the n u m b e r of any class of animals to b e s laughtered pur suan t to the

o r d e r ; and

(ii)    the order was so cancelled or altered less than eight hours before the com­ mencement of the day specified in the order for the s laughtering to take place,

bu t so that the charge shall no t exceed one- half of the a m o u n t tha t would have been

payable to the Board for the s laughter of
the an imals specified in the order had those animals been s laughtered on tha t day.
( h )	by inserting next after p a r a g r a p h (b ) of subsection- one of section thir ty-one the following new para­ g raph : —

( b l ) carrying ou t or giving effect to the provi­

sions of section 1 4 c or 14D of this A c t .

(2)

(2) Where—

(a)	a person became an employee of the Public Service by virtue of subsection two of section 9A of the Meat Industry Act, 1915, as amended by subse- quent Acts;
(b)	that person became an employee within the meaning of the Superannuation Act, 1916, as amended by subsequent Acts, by virtue of paragraph (d) of subsection three of the said section 9A ; and
(c)	before the commencement of this Act, that person ceased to be employed in the Public Service,

that person shall, if he makes application therefor within three months after the commencement of this Act or within such longer period as the Minister may allow, be entitled to a refund of his contributions to the Metropolitan Meat Industry Board Officers' Endowment Fund to the same extent and in the like circumstances as he would have been entitled to such a refund had the amendment made by paragraph (a) of subsection one of this section been in force at the time he ceased to be employed in the Public Service.

(3) Paragraph (e) of subsection one of this section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.