Meat Inspection (Modification) Regulations (Cth)

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Meat Inspection (Modification) Regulations

Statutory Rules 1984 No. 116 as amended

made under the

Meat Inspection Act 1983

This compilation was prepared on 16 August 2004

taking into account amendments up to SR 1990 No. 247

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

1Citation [see Note 1]

These Regulations may be cited as the Meat Inspection (Modification) Regulations.

2Interpretation

In these Regulations, unless the contrary intention appears, the Act means the Meat Inspection Act 1983.

3Application of section 29 of the Act in the Australian Capital Territory

Section 29 of the Act applies with the modifications specified in Schedule 1 in relation to the Australian Capital Territory.

4Application of provisions of the Act in the Northern Territory

For the purposes of subsection 6 (1) of the Act, the provisions of the Act that are specified in Schedule 2 as not applying do not apply, and the provisions of the Act that are specified in that Schedule with modifications apply with those modifications, in relation to the Northern Territory.

5Duration of application in the Northern Territory

For the purposes of subsection 6 (1) of the Act, section 4 of the Act applies with the addition of the following subsection in relation to the Northern Territory:
‘(8)
A Proclamation under subsection (4) in relation to the Northern Territory remains in force until:
(a)
it is revoked by the Governor-General;
(b)
except where paragraph (c) applies — the Minister receives an instrument made by the Administrator of that Territory requesting that the Act no longer extend to that Territory; or
(c)
where the instrument referred to in paragraph (b) specifies a date as the date on which the Act shall no longer extend to that Territory — that date;
whichever first occurs.’.

6Application of provisions of the Act in South Australia

For the purposes of subsection 6 (1) of the Act, the provisions of the Act that are specified in Schedule 3 as not applying do not apply, and the provisions of the Act that are specified in that Schedule with modifications apply with those modifications, in relation to South Australia.

7Application of provisions of the Act in Victoria

For the purposes of subsection 6 (1) of the Act, the provisions of the Act that are specified in Schedule 4 as not applying
do not apply, and the provisions of the Act that are specified
in that Schedule with modifications apply with those modifications, in relation to Victoria.

Schedule 1Modifications of section 29 of the Act in its application in relation to the Australian Capital Territory

(regulation 3)

1.
Insert in subsection (1) ‘, not being an offence referred to in subsection (5),’ after ‘24’.
2.
Insert in paragraph (4) (a) ‘(not being an offence referred to in subsection (5))’ after ‘an offence’.
3.
Omit subparagraphs (4) (b) (i) and (ii), substitute the following subparagraphs:
‘(i)
convicted the person of another such offence; or
(ii)
made an order under section 19B of the Crimes Act 1914 in relation to the person in respect of another such offence,’.
4.
Add at the end thereof the following subsection:
‘(5)
An offence against subsection 8 (2) or (3), section 9, subsection 10 (2), (3), (4) or (5), 11 (2) or (3) or 12 (2), (3), (4) or (5), section 13, subsection 14 (2) or (3), section 15, subsection 16 (2), (3), (4) or (5), 17 (2) or (3) or 18 (2), (3), (4) or (5) or section 19 that involves the contravention of an order, or a provision of an order, that
(a)
applies in relation to the Australian Capital Territory; and
(b)
provides that the order, or the provision of the order, as the case may be, is a prescribed A.C.T. provision,
is punishable on conviction by a fine not exceeding $1,000.’.

Schedule 2Application of provisions of the Act in relation to the Northern Territory

(regulation 4)

1.
Omit from the title ‘or for use as animal food’.
2.
Omit from the definition of prescribed premises in subsection 3 (1) ‘, knackery, meat processing plant or animal food processing plant’, substitute ‘or meat processing plant’.
3.
Omit from subsection 4 (1) ‘or for use as animal food’.
4.
Division 2 of Part II does not apply.
5.
Omit from subsection 20 (1) ‘or for use as animal food’.
6.
Subsection 21 (2) does not apply.
7.
Omit from subsection 21 (3) ‘or (2)’.
8.
Subsection 22 (2) does not apply.
9.
Omit from subsection 22 (3) ‘or (2)’.
10.
Insert in subsection 29 (1) ‘or’ before ‘section 13’.
11.
Omit from subsection 29 (1) all the words from and including ‘subsection 14 (2)’ to and including ‘section 19,’.

Schedule 3Modifications of the Act in relation to South Australia

(regulation 6)

Subsection 3 (1) (definition of abattoir):
Omit the definition, substitute:
‘abattoir means a licensed abattoir under the Meat Hygiene Act 1980 of South Australia;’.
Subsection 3 (1) (definition of meat):
Omit the definition, substitute:
‘meat means any part, or product resulting from the processing of any part, of the body of any animal;’.
Subsection 3 (1) (definition of prescribed premises):
Omit ‘, knackery, meat processing plant or animal food processing plant’.
Subsection 4 (1):
After ‘that is’ insert ‘prepared at an abattoir in South Australia and is’.
Paragraph 4 (3) (a):
Omit the paragraph, substitute:
‘(a)
the Parliament of South Australia refers to the Parliament of the Commonwealth the matter of the inspection, at abattoirs in that State, of meat that is intended for human consumption or for use as animal food; or’.
Sections 11 and 12 and Division 2 of Part II:
Sections 11 and 12 and Division 2 of Part II do not apply.
Subsection 20 (1):
After ‘that is’ insert ‘prepared at an abattoir and is’.
Subsection 20 (3):
Omit the subsection.
Section 22:
(a)
Omit ‘into a State or Territory to which this Act extends’ (wherever occurring), substitute ‘into South Australia’.
(b)
Omit ‘or meat processing plant, being an abattoir or meat processing plant prescribed for the purposes of this subsection’ (wherever occurring), substitute ‘in South Australia’.
Subsection 29 (1):
Omit ‘subsection 14 (2) or (3), section 15, subsection 16 (2), (3), (4) or (5), 17 (2) or (3) or 18 (2), (3), (4) or (5) or section 19,’.

Schedule 4Application of provisions of the Act in relation to Victoria

(regulation 7)

1.
Omit from subsection 4 (1) and paragraph 4 (3) (a) ‘that is intended for human consumption or for use as animal food’, substitute ‘, other than the matter of the licensing of premises at which meat is inspected and terms and conditions of licences for such premises,’.
2.
Add at the end of section 4 the following subsection:
‘(9)
In this section:
meat means any edible part of:
(a)
a bovine animal, sheep, pig, goat, deer or buffalo intended for human consumption; or
(b)
a bovine or equine animal, sheep, pig, goat, deer, buffalo, kangaroo, rabbit or hare intended for use as animal food.’.

Notes to the Meat Inspection (Modification) Regulations

Note 1

The Meat Inspection (Modification) Regulations (in force under the Meat Inspection Act 1983) as shown in this compilation comprise Statutory Rules 1984 No. 116 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1984 No. 116	22 June 1984	1 Dec 1984 (see Gazette 1984, No. S506)
1986 No. 355	9 Dec 1986	15 Dec 1986	—
1987 No. 125	24 June 1987	1 July 1987	—
1988 No. 34	22 Mar 1988	22 Mar 1988	—
1988 No. 227	15 Sept 1988	15 Sept 1988	—
1990 No. 247	24 July 1990	24 July 1990	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 3.........................................	am. 1986 No. 355
R. 4.........................................	ad. 1986 No. 355
R. 5.........................................	ad. 1986 No. 355
R. 6.........................................	ad. 1987 No. 125
R. 7.........................................	ad. 1988 No. 34
Schedule Renumbered Schedule 1.	1986 No. 355
Schedule 2.............................	ad. 1986 No. 355
Schedule 3.............................	ad. 1987 No. 125
rs. 1990 No. 247
Schedule 4.............................	ad. 1988 No. 34
am. 1988 No. 227

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