Poultry Meat Hygiene Act 1986 (SA)

SOUTH AUSTRALIA

POULTRY MEAT HYGIENE ACT, 1986

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

Section

1.                    Short title

2.                    Commencement

3. Amendment of Poultry Meat Industry Act, 1969

4.                    Interpretation

PART II

ADMINISTRATION

5.                    Authority to be responsible for administration of this Act

6.                    Functions of the Authority under this Act

7.                    Annual report to include report on operations under this Act

8.                    Poultry Meat Hygiene Consultative Committee

9.                    Staff

10.                    Inspectors

11.                    Immunity from personal liability

PART III LICENCES

12.                    Offence to kill birds for poultry meat except at licensed poultry processing works

13.                    Applications for licences

14.                    Grant of licences

15.                    Grant of licences in respect of existing poultry processing works

16.                    Conditions of licences

17.                    Review by Minister of refusal to grant licence or conditions of licence

18.                    Offences in relation to conditions of licences and minimum standards

19.                    Renewal of licence

20.                    Surrender, suspension and cancellation of licences

21.                    Appeal against suspension or cancellation

22.                    Holders of licences to keep prescribed records

23.                    Register of licences

24.                    Structural alterations and additions to poultry processing works

25.                    Recognition of poultry processing works located outside the State

PART IV

INSPECTIONS, BRANDING AND SALE OF POULTRY MEAT, ETC.

26.                    Inspections of works, poultry meat, etc.

27.                    Notice relating to condition of poultry processing works

28.                    Prohibition of sale of poultry meat produced at unlicensed works

29.                    Prohibition of sale of meat unfit for human consumption

PART V

MISCELLANEOUS

30.                    General exemptions

31.                    Service

32.                    False or misleading information

33.                    Evidence

34.                    Defences

35.                    Summary procedure

36.                    Offences by bodies corporate

37.                    Continuing offences

38.                    Regulations

SCHEDULE

POULTRY MEAT HYGIENE ACT, 1986

being

Poultry Meat Hygiene Act, 1986, No. 24 of 1986

[Assented to 20 March 1986]1

1 Came into operation (except ss. 12-25 and 28) 10 April 1986:Gaz. 10 April 1986, p. 871; remainder of Act came into operation 6 August 1987: Gaz. 6 August 1987, p. 364.

An Act to licence poultry processing works; to regulate the standards of hygiene and sanitation at poultry processing works; to regulate the quality of poultry meat and poultry meat products; to make consequential amendments to the Poultry Meat Industry Act, 1969; and for other purposes.

BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Poultry Meat Hygiene Act, 1986.

Commencement

2. (1) This Act shall come into operation on a day to be fixed by proclamation.

(2) The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.

Amendment of Poultry Meat Industry Act, 1969

3. The Poultry Meat Industry Act, 1969, is amended as shown in the schedule.

Interpretation

4. In this Act, unless the contrary intention appears—

"the Authority" means the Meat Hygiene Authority established under the Meat Hygiene

Act, 1980:

"bird" means a bird of any species within the Order Aves:

"carcass" means the dressed body of any bird:

"the Chief Inspector" means the person holding the office of the Chief Inspector of Poultry

Meat Hygiene under Part II:

"diseased", in relation to poultry meat and poultry meat products or birds intended for poultry meat or poultry meat products, means infected with, or affected by, a prescribed condition, or in a prescribed state:

"Inspector" means a person appointed to be an inspector under Part II and includes the Chief

Inspector:

"licensed poultry processing works" means a poultry processing works in respect of which a

licence is in force under Part III:

"offal" means any edible part of the body of a bird which is removed in the course of dressing

the body:

"place" includes premises and land:

"plant" includes vehicles:

"poultry meat" means the whole or any part of the carcass (whether dressed or not) or offal of any bird that is intended for human consumption and is unprocessed otherwise than by chilling or freezing:

"poultry meat product" means a product that is the result of the processing of poultry meat and

is intended for human consumption:

"poultry processing works" means a works that is used for the killing and processing of birds

for the production of poultry meat or a poultry meat product:

"poultry product" means any product (including any by-product or waste material) derived from the killing or processing of any bird whether for the production of poultry meat or poultry meat products:

"prescribed standards", in relation to poultry processing works, means standards of construction,

plant or equipment prescribed in relation to such works:

"recognized poultry processing works" means a poultry processing works declared under Part III

to be a recognized poultry processing works:

"sell" means—

(a)	sell, barter or exchange;
(b)	agree or offer to sell, barter or exchange;
(c)	expose, store or deliver for or on sale, barter or exchange;
or
(d)	cause, suffer or permit any act referred to in paragraph (a), (b) or (c):

"works" includes all places, plant and equipment, used for, or in connection with, the activity

carried on at the works.

PART II

ADMINISTRATION

Authority to be responsible for administration of this Act

5. The Authority shall be responsible, subject to the control and directions of the Minister, for the administration of this Act.

Functions of the Authority under this Act

6. (1) The Authority shall have the following functions (in addition to its functions under any other Act):

(a)	to determine applications for licences in respect of poultry processing works;
(b)	to recommend the declaration of recognized poultry processing works;
(c)	to determine any question relating to the suspension or cancellation of licences under this Act;
(d)	to keep under review and report annually to the Minister on any matter relating to the killing and processing of birds and the production of poultry meat and poultry meat products, the standards of hygiene and sanitation at poultry processing works and the procedures for the inspection of poultry meat and poultry meat products;
(e)	to inquire into and report to the Minister on any other matter referred to the Authority by the Minister or that the Authority thinks fit;
and
(f)	to perform such other functions as are assigned to it by the Minister or this Act.

(2) The Authority shall have power to do all things necessary to be done for, or in connection with, or incidental to, the performance of its functions, or the discharge of its duties, under this Act.

Annual report to include report on operations under this Act

7. The Authority shall incorporate in its annual report to the Minister a report on its operations under this Act during the year to which the report relates.

Poultry Meat Hygiene Consultative Committee

8. The Minister may appoint a committee entitled the "Poultry Meat Hygiene Consultative Committee" to advise the Authority on any matter relating to its functions under this Act or the administration of this Act.

Staff

9. (1) The Governor may, subject to and in accordance with the Public Service Act, 1967, appoint such officers as the Governor considers necessary or expedient for the proper administration of this Act.

(2) The Authority may, for the purposes of this Act, with the approval of the Minister controlling any department of the Public Service of the State, on terms mutually arranged, make use of the services of an officer of that department.

Inspectors

10. (1) The person for the time being holding or acting in the office of the Chief Inspector of Meat Hygiene shall be the Chief Inspector of Poultry Meat Hygiene for the purposes of this Act.

(2) The Governor may appoint a person to be an Inspector under this Act.

Immunity from personal liability

11. (1) No personal liability shall attach to a member of the Authority or an Inspector for any act or omission in good faith and in the exercise, performance or discharge, or purported exercise, performance or discharge, of a power, function or duty under this Act.

(2) A liability that would, but for subsection (1), lie against a member of the Authority or an Inspector shall lie against the Crown.

PART III

LICENCES

Offence to kill birds for poultry meat except at licensed poultry processing works

12. A person shall not—

(a)	kill any bird, or cause any bird to be killed, for the production for sale of poultry meat or a poultry meat product except at a licensed poultry processing works;
or
(b)	operate a poultry processing works, or cause or permit a poultry processing works to be operated, unless the person is the holder of a licence in respect of the poultry processing works.

Penalty: $5 000.

Applications for licences

13. (1) An application for a licence under this Part must be made to the Authority in the prescribed manner and form, contain the prescribed information and be accompanied by the prescribed application fee.

(2) An applicant under subsection (1) must furnish the Authority with such further information as it may require to determine the application.

Grant of licences

14. (1) Subject to this Part, where application is made under this Part for a licence in respect of an existing poultry processing works or a poultry processing works that the applicant proposes to establish, the Authority shall determine whether a licence should be granted having regard to—

(a)	the suitability of the applicant to be granted the licence;
(b)	the standards of construction, plant and equipment of the poultry processing works, or the poultry processing works as proposed;
and
(c)	the location of the poultry processing works, or the proposed location of the poultry processing works,

and shall advise the applicant of its decision.

(2) Where the Authority determines under this section that the licence should be granted, and, in the case of an application in respect of a proposed poultry processing works, subsequently is satisfied that the poultry processing works has been established substantially in accordance with the proposals of the applicant, the Authority shall, upon payment of the prescribed fee, grant the licence to the applicant.

Grant of licences in respect of existing poultry processing works

15. (1) Notwithstanding the provisions of section 14, where application is made under this Part for a licence in respect of a poultry processing works in operation during the period of 3 months immediately preceding the commencement of this section, the Authority shall, upon payment of the prescribed fee, grant the licence.

(2) The Authority shall not grant a licence under this section unless the application is made within 3 months from the commencement of this section.

(3) A poultry processing works in respect of which a licence is granted under this section shall be exempt from compliance with any prescribed standard with which it does not comply at the time of the granting of the licence.

(4) An exemption applying by virtue of subsection (3) shall cease to be of any force or effect after the expiration of 3 years from the commencement of this section.

Conditions of licences

16. (1) A licence granted under this Part shall be subject to such conditions as the Authority may specify by notice in writing given to the holder of the licence.

(2) Without limiting the matters with respect to which conditions may be imposed, the Authority may impose conditions in respect of any licence—

(a)	limiting the maximum throughput of the poultry processing works;
or
(b)	in the case of a poultry processing works that is exempt from compliance with a prescribed standard by virtue of section 15(3)—requiring the holder of the licence to carry out improvements or do any other thing to bring the works into compliance with the prescribed standard.

(3) The Authority may, by notice in writing given to the holder of a licence, vary or revoke a condition of the licence or impose a further such condition.

Review by Minister of refusal to grant licence or conditions of licence

17. (1) A person affected by a decision of the Authority to refuse to grant a licence or to impose a condition of a licence under this Part may apply to the Minister for review of the decision within one month of the making of the decision.

(2) The Minister may, on application made under subsection (1), do one or more of the following:

(a)	affirm, vary or quash the decision, or substitute, or make in addition, any decision that the Minister considers should have been made in the first instance;
(b)	remit the subject matter of the application to the Authority for further consideration.

Offences in relation to conditions of licences and minimum standards

18. The holder of a licence under this Part shall not—

(a)	operate the poultry processing works or cause or permit the poultry processing works to be operated if it does not comply with the prescribed standards;
or
(b)	breach, or fail to comply with, a condition of the licence.

Penalty: $5 000.

Renewal of licence

19. (1) A licence under this Part shall, subject to this Part, remain in force for such term as the Authority may specify in the licence and may be renewed by application made to the Authority before the expiration of the term last specified in the licence.

(2) An application for renewal under subsection (1) must be made in the prescribed manner and form and contain the prescribed information.

(3) The Authority may, if it thinks fit, determine an application notwithstanding that it is delivered out of time.

(4) Where application is made under this section the Authority shall, subject to this Part, upon payment of the prescribed fee, renew the licence.

(5) A licence renewed under this section shall, subject to this Part, remain in force for such term as the Authority may specify in the licence.

Surrender, suspension and cancellation of licences

20. (1) The holder of a licence under this Part may at any time surrender the licence, and the licence shall thereupon cease to be of any force or effect.

(2) The Authority may, after calling upon the holder of a licence under this Part to show cause why the licence should not be suspended or cancelled, suspend the licence for such period as it thinks fit, or cancel the licence, if it is satisfied—

(a)	that the grant or a renewal of the licence was obtained improperly;
or
(b)	that the holder of the licence has been guilty of an offence against this Act.

(3) A licence—

(a)	that is suspended under subsection (2) shall cease to be of any force or effect for the period of the suspension;
or
(b)	that is cancelled under that subsection shall cease to be of any force or effect.

Appeal against suspension or cancellation

21. (1) A right of appeal to a District Court shall lie against any decision or order of the Authority suspending or cancelling a licence under this Part.

(2) The appeal must be instituted within one month of the making of the decision or order appealed against, but the District Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be so instituted.

(3) The District Court may, on the hearing of the appeal, do one or more of the following, according to the nature of the case:

(a)	affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision or order that should have been made in the first instance;
(b)	remit the subject matter of the appeal to the Authority for further consideration;
(c)	make any further or other order as to costs or any other matter that the case requires.

(4) The powers conferred by section 28 of the Local and District Criminal Courts Act, 1926, include power to make rules regulating the practice and procedure on such appeals.

(5) The Authority shall, if so required by any person affected by a decision or order made by it, state in writing the reasons for its decision or order.

(6) If the reasons of the Authority are not given in writing at the time of making a decision or order and the appellant then requested the Authority to state its reasons in writing, the time for instituting the appeal shall run from the time when the appellant receives the written statement of those reasons.

(7) Where the Authority or the District Court is satisfied that an appeal against an order of the Authority has been instituted, or is intended, the Authority or the District Court may suspend the operation of the order until the determination of the appeal.

(8) Where the Authority has suspended the operation of an order under subsection (7), the Authority may terminate the suspension, and where the District Court has done so, the District Court may terminate the suspension.

Holders of licences to keep prescribed records

22. (1) The holder of a licence under this Part shall not fail to keep such records relating to the poultry processing works and its operation as may be prescribed.

Penalty: $200.

(2) An Inspector may at any reasonable time inspect any records kept in compliance with subsection (1).

Register of licences

23. (1) The Authority shall cause a register to be kept of licences in force under this Part.

(2) The register shall be made available for the inspection of any person desiring to inspect it.

Structural alterations and additions to poultry processing works

24. The holder of a licence under this Part shall not carry out, or cause or permit to be carried out, any structural alterations or additions to the poultry processing works, without the approval of the Authority.

Penalty: $2 000.

Recognition of poultry processing works located outside the State

25. (1) The Governor may, upon the recommendation of the Authority, by proclamation, declare a poultry processing works located outside the State to be a recognized poultry processing works.

(2) The Authority may make a recommendation referred to in subsection (1) in relation to a poultry processing works if it is satisfied that the standards of construction, plant, equipment, hygiene, sanitation and inspection applying at or in relation to the poultry processing works are equivalent to the standards applying at or in relation to licensed poultry processing works.

(3) The Governor may, upon the recommendation of the Authority, by proclamation amend, vary or revoke a declaration made under subsection (1).

PART IV

INSPECTIONS, BRANDING AND SALE OF POULTRY MEAT, ETC.

Inspections of works, poultry meat, etc.

26. (1) An Inspector may—

(a)	at any time enter into or upon, and inspect, any place that the Inspector believes on reasonable grounds is being, or has been, used as a poultry processing works or for or in connection with the production, storage, transport, sale or supply of poultry products;
(b)	stop and enter into or upon, and inspect, any vehicle that the Inspector believes on reasonable grounds is being or has been used for the transport of poultry products;
(c)	where necessary for the purposes of paragraph (a) or (b)—break into or open any part of or thing in the place or vehicle;
(d)	inspect and take and test a sample of any poultry product;
(e)	seize and dispose of any poultry meat or poultry meat product if of the opinion that the bird or any of the birds from which it was produced was diseased or that it is for any other reason unfit for human consumption, or direct such disposal;
(f)	seize any poultry product that the Inspector believes on reasonable grounds is being, or has been, produced, stored, transported, sold or supplied in contravention of this Act;
(g)	inspect and take and test any sample from any bird intended for killing and processing for the production of poultry meat or a meat product and seize and dispose of, or direct the disposal of, it, if, in the opinion of the Inspector, it is diseased or poultry meat produced from it would for any other reason be unfit for human consumption;
(h)	inspect and take any sample for testing from any part of, or thing in, any poultry processing works in order to determine whether the works is being, or has been, operated in a sanitary and hygienic manner;

(i) require a person to answer truthfully any question that in the opinion of the Inspector may disclose information as to whether or not the provisions of this Act are being complied with, whether that question is put to that person directly or through an interpreter;

and
(j)	require the production of, and inspect and take copies of any book, paper or document or any record of any kind that in the opinion of the Inspector may disclose information as to whether or not this Act is being complied with.

(2) An Inspector shall not exercise the power conferred by subsection (1)(c) except upon the authority of a warrant issued by a justice unless—

(a)	the power is exercised in relation to a licensed poultry processing works;
or
(b)	the Inspector has reason to believe that in the circumstances urgent action is required.

(3) In the exercise of the powers conferred by subsection (1), an Inspector may be accompanied by such other persons as the Inspector considers necessary or desirable in the circumstances.

(4) A person shall not—

(a)	hinder or obstruct or use abusive, threatening or insulting language to an Inspector or a person accompanying an Inspector in the exercise by the Inspector of the powers conferred by subsection (1);
or
(b)	refuse or fail to comply with a direction or requirement of an Inspector made under subsection (1).

Penalty: $2 000.

(5) A person shall not assault an Inspector or a person accompanying an Inspector in the

exercise by the Inspector of the powers conferred by subsection (1).

Penalty: $4 000 or imprisonment for 2 years or both.

(6) A person shall not be obliged to answer any question or produce any book, paper or document under this section if the answer to the question or the contents of the book, paper or document would tend to incriminate the person.

(7) Subject to subsection (8), no person shall be entitled to claim any payment or compensation in respect of the taking of any sample or the seizure or the disposal of anything by, or pursuant to the directions of, an Inspector exercising the powers conferred by subsection (1).

(8) Where a poultry product is seized under subsection (1)(f), the following provisions shall

apply:

(a)	the poultry product seized shall be held by the Crown pending proceedings for an offence against this Act related to the product seized;
(b)	where proceedings for such an offence are instituted within 6 months of the seizure of the product and the person charged is convicted of the offence, the court may order that the product seized be forfeited to the Crown, and, if it thinks fit, order the person convicted to pay compensation to the Crown for costs incurred by the Crown in storing the product seized;
(c)	where the product seized is forfeited to the Crown under paragraph (b), it may be disposed of by sale, destruction or otherwise as the Minister directs;
(d)	where proceedings for such an offence are not instituted within 6 months of the seizure of the product, or such proceedings are so instituted but no order of forfeiture is made under paragraph (b), the person from whom the product was seized, or any person who had legal title to it at the time of its seizure, shall be entitled to recover, by action in any court of competent jurisdiction, the product itself, or if it has been destroyed or deteriorated, compensation of an amount equal to the market value of the product at the time of its seizure.

Notice relating to condition of poultry processing works

27. (1) Where in the opinion of an Inspector the condition of any poultry processing works is insanitary or unhygienic, the Inspector may, by notice in writing given to the person apparently in charge of the works—

(a)	require that person to cause that condition to be remedied by taking steps specified in the notice within the time specified in the notice;
and
(b)	require the cessation of use of the works either absolutely, or as specified in the notice, until the steps so specified are taken.

(2) A person given a notice under subsection (1) may apply to the Minister for review of the notice within 14 days of the giving of the notice, but such application shall not affect the obligation to comply with any requirement referred to in paragraph (b) of that subsection that is included in the notice.

(3) The Minister may, on application made under subsection (2), confirm, vary or set aside the

notice. (4) A person given a notice under subsection (1) shall not fail, without reasonable excuse, to

comply with the notice.

Penalty: $2 000.

Prohibition of sale of poultry meat produced at unlicensed works

28. (1) A person shall not sell any poultry meat unless—

(a)	it was produced at a licensed poultry processing works;
or
(b)	it was produced outside the State at a recognized poultry processing works.

Penalty: $2 000.

(2) A person shall not sell any poultry meat product unless it was produced from poultry meat

of a kind referred to in subsection (1).

Penalty: $2 000.

Prohibition of sale of meat unfit for human consumption

29. A person shall not sell any poultry meat or poultry meat product if the poultry meat or poultry meat product was produced from a diseased bird or is for any other reason unfit for human consumption.

Penalty: $2 000.

PART V

MISCELLANEOUS

General exemptions

30. (1) The Minister may, by notice published in the Gazette—

(a)	exempt any person, or class of persons, specified in the notice from compliance with this Act or any provision of this Act specified in the notice;
or
(b)	exempt any works or class of works specified in the notice from the application of this Act or any provision of this Act specified in the notice.

(2) An exemption granted under this section may—

(a)	be for an indefinite period or for a period specified in the notice;
and
(b)	be unconditional or subject to conditions specified in the notice.

(3) The Minister may, by notice published in the Gazette, vary or revoke an exemption or a condition of an exemption under this section or impose a further condition.

(4) A person granted or having the benefit of an exemption under this section shall not breach,

or fail to comply with, a condition of the exemption.

Penalty: $2 000.

Service

31. (1) A notice or document required or permitted to be served on a person under this Act shall be deemed to have been duly served if it has been—

(a)	served on the person personally;
or
(b)	in the case of the holder of a licence under this Act, sent by registered or certified mail addressed to the person at the person’s address for service, or left for the person at that address with some other person apparently over the age of 16 years.

(2) The address for service of the holder of a licence is the last address for service of that person of which notice has been given in accordance with the regulations.

False or misleading information

32. A person shall not in furnishing any information, or keeping any record, pursuant to this Act make, or cause to be made, any statement or representation that is false or misleading in a material particular.

Penalty: $2 000.

Evidence

33. In any proceedings for an offence against this Act—

(a)

an allegation in the complaint that—

(i)	a person is or was an Inspector at the time mentioned in the complaint;
(ii)	a person was or was not the holder of a licence under this Act at the time mentioned in the complaint;
(iii)	a provision set out in the complaint was at the time mentioned therein a condition of a licence or exemption under this Act;
(iv)	a substance was poultry meat or a poultry meat product;
(v)	a purpose specified in the complaint was the purpose for which an act was done;
(vi)	poultry meat was not produced at a licensed poultry processing works or a recognized poultry processing works;

or

(vii) that a poultry meat product was not produced from poultry meat produced at a licensed poultry processing works or a recognized poultry processing works,

shall, in the absence of proof to the contrary, be deemed to be proved;

(b)	proof that poultry meat, or a poultry meat product, was on the premises of a poultry processing works owned or occupied by a person or on premises owned or occupied by that person or a member of the person’s family and adjacent to any such premises shall, in the absence of proof to the contrary, be accepted as proof that the poultry meat, or poultry meat product, was produced by that person through the operation of the works;
(c)	proof that poultry meat or a poultry meat product was on premises used by a person for or in connection with the business of selling the same or on premises owned or occupied by that person or a member of the person’s family and adjacent to any such premises shall, in the absence of proof to the contrary, be accepted as proof that it was being offered, exposed or stored for sale by that person;
and
(d)	evidence by an Inspector that poultry meat, or a poultry meat product, was, in the opinion of the Inspector, produced from a diseased bird or was for any other reason unfit for human consumption shall be deemed to be conclusive evidence of that matter.

Defences

34. (1) In proceedings for an offence against this Act it shall, subject to subsection (2), be a defence for the defendant to prove—

(a)	that the commission of the offence was due to a mistake, to reliance on information provided by, or the act or default of, another person other than an employee of the defendant, or to some cause beyond the defendant’s control;
and
(b)	that all reasonable precautions were taken and all reasonable diligence exercised to avoid the commission of the offence.

(2) In proceedings for an offence against this Act, the defendant shall not, without the leave of the court, be entitled to rely upon the defence that the commission of an offence was due to the act or default of another person or to reliance on information provided by another person unless, within 7 days before the hearing, the defendant has served on the complainant a notice in writing giving such information identifying or assisting in the identification of that other person as was then in the defendant’s possession.

Summary procedure

35. Proceedings in respect of offences against this Act shall be disposed of summarily.

Offences by bodies corporate

36. Where a person convicted of an offence against this Act is a body corporate, every member of the governing body of the body corporate shall be guilty of an offence and liable to the same penalty as is prescribed for that offence unless it is proved that the member could not by the exercise of reasonable diligence have prevented the commission of the offence.

Continuing offences

37. (1) A person convicted of an offence against any provision of this Act in respect of a continuing act or omission—

(a)	shall be liable, in addition to the penalty otherwise applicable to that offence, to a penalty for each day during which the act or omission continued of not more than the amount equal to one tenth of the maximum penalty prescribed for that offence;
and
(b)	shall, if the act or omission continues after the person is convicted, be guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to that further offence, to a penalty for each day during which the act or omission continued after that conviction of not more than that amount equal to one-tenth of the maximum penalty prescribed for that offence.

(2) Where an offence against a provision of this Act consists of an omission to do something that is required or directed to be done, the omission shall, for the purposes of subsection (1), be deemed to continue for so long as the thing required or directed to be done remains undone after the expiration of the period for compliance with the requirement or direction.

Regulations

38. (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.

(2) Without limiting the generality of subsection (1), those regulations may provide for, and prescribe any matter or thing relating to—

(a)	the standards for the construction, plant and equipment of poultry processing works;
(b)	the hygiene of poultry processing works and persons employed in the operation of such works;
(c)	the sale or supply of poultry meat, or poultry meat products produced from poultry meat, produced at a licensed poultry processing works;
(d)	inspections under this Act;
(e)	the disposal of effluent and waste resulting from the operation of poultry processing works;
(f)	the disposal of condemned carcasses, poultry meat or poultry meat products;
(g)	the quality of water and the supply of water for use in the operation of poultry processing works;
(h)	the holding or keeping of birds prior to killing at poultry processing works;

(i) the killing of birds at poultry processing works;

(j)	the dressing of the bodies of birds killed at poultry processing works;
(k)	the keeping of animals at or in the vicinity of poultry processing works;
(l)	the use of drugs and chemicals in relation to birds prior to killing at poultry processing works;
(m)	the branding, marking or labelling of poultry meat, or packaging or containers of poultry meat or poultry meat products;
(n)	the grading or trade descriptions of poultry meat;
(o)	the production, packaging, storage, processing and transport of poultry meat or poultry meat products;
(p)	the fees payable in respect of licences under this Act which may vary according to factors prescribed in the regulations;
(q)	the form of notices and other documents given under this Act;
(r)	the payment and recovery of fees in respect of inspections by Inspectors;
(s)	approvals of structural alterations or additions to poultry processing works;
(t)	the payment and recovery of fees for approvals;
and
(u)	the imposition of a penalty, not exceeding $2 000, for a breach of, or failure to comply with, a regulation and, where a person is convicted of an offence for such breach of failure in respect of a continuing act or omission, a default penalty not exceeding $200.

(3) Any regulations made under this section or any other section of this Act may be of general or limited application according to the persons or classes of persons to whom, or the poultry processing works or classes of poultry processing works, or the time, place or circumstances, to which, they are expressed to apply.

THE SCHEDULE

Amendment of the Poultry Meat Industry Act, 1969

Provisions

How Affected

Section 3

By striking out the items: Division 1—Inspection Division 2—Registration.

Section 4

By striking out the definitions of "base weight", "carcass",

"court", "end weight", "inspector", "registered plant" and "weight

gain".

Section 5

By striking out paragraph (d) of subsection (1) and the word "or"

occurring immediately before that paragraph.

By striking out from subsection (2) the passage ", any farm or farm of a class or any method of processing" and substituting the passage "or any farm or farm of a class".

Divisions 1 and 2 of Part II and the headings

By striking out the Divisions and headings.

to those Divisions

Section 11aa

By striking out the word "registered" wherever it occurs.

Section 11j

By striking out from subsection (1) the word "registered".

Sections 12, 13, 14 and 15

By striking out the sections.

Section 16

By striking out the section.

Section 17

By striking out paragraphs (a) and (b) and the word "or"

occurring immediately before paragraph (b).

Section 20

By striking out paragraphs (a), (b), (c) and (d)