Poultry Meat Industry Act 1969 (SA)
South Australia
Poultry Meat Industry Act 1969
An Act to regulate and control the poultry meat industry; and for other purposes.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Arrangement of Act
4Definitions
5Exemption from Act or specified provisions thereof
Part 2—Administration
Division 3—Poultry Meat Industry Committee
11AADeclared operators etc
11BEstablishment of Committee
11CTerm of office etc
11DAllowances and expenses
11EQuorum etc
11FValidity of acts of Committee and immunity of its members
11GFunctions of Committee
Part 3—Operation of plants and farms
11HProcessing of chickens raised without approval
11IApproval of farms etc
11JApproval of agreements between operators of plants and operators of farms
Part 3A—Appeals
15AThe Tribunal
15BAppeals
15CProcedure
Part 4—Miscellaneous
17Evidence
18Offences by bodies corporate
19Summary procedure
20Regulations
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Poultry Meat Industry Act 1969.
2—Commencement
This Act shall come into operation on a day to be fixed by proclamation.
3—Arrangement of Act
This Act is arranged as follows:
Part 1—Preliminary
Part 2—Administration
Division 3—Poultry Meat Industry Committee
Part 3—Operation of plants and farms
Part 4—Miscellaneous.
4—Definitions
In this Act, unless the contrary intention appears—
approved farm means a farm that is for the time being approved by the Committee under Part 3 of this Act;
the chairman in relation to the Committee includes a deputy of the chairman while duly acting in the place of the chairman;
chicken means a bird of the species Gallus gallus that is not more than sixteen weeks old;
the Committee means the Poultry Meat Industry Committee established under Part 2 of this Act;
farm means any place or premises used for raising chickens for processing at a plant;
operator means—
(a)in relation to a plant, the person who conducts or has control of the plant; and
(b)in relation to a farm, the person who conducts or has control of the farm but does not include a person who is also the operator of a plant;
plant means any place or premises used for processing and includes any place or premises used for any stage of processing;
processing means the sequence of acts done for the purpose of producing a carcass for sale commencing with the killing of each bird and ending with the removal of the carcass from a plant for the purposes of sale.
5—Exemption from Act or specified provisions thereof
(1)The Minister may by notice published in the Gazette exempt—
(a)any operator or class of operators;
(b)any plant or class of plants;
(c)any farm or class of farms,
from all or some of the provisions of this Act and may by a notice published in a like manner revoke that exemption.
(2)While an exemption referred to in subsection (1) of this section remains in force this Act or those provisions, as the case may be, shall not apply to or in relation to any operator or operator of a class, any plant or plant of a class or any farm or farm of a class, so exempted.
Part 2—Administration
Division 3—Poultry Meat Industry Committee
11AA—Declared operators etc
(1)For the purposes of this Division, the Minister may by notice declare the operator of any plant or plants to be a declared operator and the Minister may by subsequent notice revoke any such declaration.
(2)The Minister shall not make a declaration under subsection (1) of this section in relation to an operator unless he is satisfied:
(a)that the plant or plants conducted by or under the control of that operator have processed for sale not less than fifteen per cent of the chickens processed in the State during the period of twelve months immediately preceding the day on which that declaration is made; and
(b)that the plant or plants conducted by or under the control of that operator accept for processing all or the greater part of the chickens raised on three or more farms.
(3)For the purposes of this Division, the Minister may, by notice, declare a farm on which all or the greater part of the chickens raised are supplied to a declared operator to be a specified farm in relation to that operator.
(4)The Minister may by notice in writing require—
(a)every declared operator to nominate two persons and from the two persons so nominated the Minister shall appoint one to be a member of the Committee and one to be a deputy of that member;
(b)the operators of the farms specified in relation to each declared operator jointly to nominate two persons and from the two persons so nominated the Minister shall appoint one to be a member of the Committee and one to be a deputy of that member.
(5)Where within the period specified in the notice under subsection (4) of this section (not being less than twenty-eight days) the required nominations are not received the Minister may appoint such suitable persons as he sees fit to be a member of the Committee and deputy of the member and any such appointment shall be a valid and effective appointment.
(6)The Minister may by notice in writing appoint—
(a)one person, who in the opinion of the Minister, can represent the interest of operators of plants other than declared operators, to be a member of the Committee, and one person to be a deputy of that member; and
(b)one person, who in the opinion of the Minister, can represent the interests of operators of farms other than the operators of farms which are specified in relation to a declared operator, to be a member of the Committee and one person to be a deputy of that member.
11B—Establishment of Committee
(1)There shall be a committee entitled the "Poultry Meat Industry Committee".
(2)The Committee shall consist of the following members appointed by the Minister:
(a)an officer of the Public Service of the State (who shall be chairman of the Committee); and
(b)such number of members, and deputies of members, as are appointed by the Minister under subsections (4), (5) or (6) of section 11AA of this Act.
11C—Term of office etc
(1)A member of the Committee shall be appointed for a term of office of three years and subject to this Part shall be eligible for re-appointment.
(2)A deputy of a member while acting in the absence of that member shall be deemed to be a member of the Committee and shall have all the powers and duties of that member.
(3)The Minister may remove a member of the Committee from office—
(a)for mental or physical incapacity; or
(b)for neglect of duty; or
(c)for dishonourable conduct.
(4)The office of a member of the Committee shall become vacant if—
(a)he dies; or
(b)his term of office expires; or
(c)he resigns by written notice addressed to the Minister; or
(d)he ceases to have the qualification, if any, specified in the instrument of his appointment; or
(e)he is removed from office by the Minister pursuant to subsection (3) of this section.
(5)Upon the office of a member of the Committee becoming vacant, a person shall be appointed, in accordance with this Act, to the vacant office, but where the office of a member becomes vacant before the expiration of the term for which he was appointed, a person appointed in his place shall be appointed only for the balance of the term of his predecessor.
11D—Allowances and expenses
The members of the Committee shall be entitled to receive such allowances and expenses, if any, as may be determined by the Minister.
11E—Quorum etc
(1)A quorum of the Committee shall be constituted of the chairman of the Committee and a number of members of the Committee equal to one more than the number obtained by dividing the number of persons who are for the time being members of the Committee by two and ignoring any fraction resulting from the division.
(2)No business shall be transacted at a meeting of the Committee unless a quorum is present.
(3)The chairman of the Committee shall preside at a meeting of the Committee.
(4)A decision carried by a majority of the votes of the members of the Committee present at a meeting of the Committee shall be a decision of the Committee.
(5)Each member of the Committee shall be entitled to one vote on a matter arising for determination by the Committee.
(6)The Committee shall cause proper minutes to be kept of its proceedings at meetings.
(7)Subject to this Act, the business of the Committee shall be conducted in a manner determined by the Committee.
(8)The Committee may delegate to the chairman any of its powers or functions under this Act.
(9)Any delegation by the Committee shall be revocable at will and shall not derogate from the power of the Committee to act itself in any matter.
11F—Validity of acts of Committee and immunity of its members
(1)An act or decision of the Committee shall not be invalid by reason only of a vacancy in its membership or a defect in the appointment of a member of the Committee.
(2)No personal liability shall attach to a member of the Committee for an act or omission by him, or by the Committee, in good faith and in the exercise or purported exercise of his or its powers or functions, or in the discharge or purported discharge of his or its duties, under this Act.
11G—Functions of Committee
The functions of the Committee are as follows:
(a)to grant approvals under Part 3 of this Act; and
(b)to use its best endeavours to resolve disputes between operators of plants and operators of farms; and
(c)to report to the Minister on any matter relating to the poultry meat industry referred to it by the Minister or on any such matter on which it considers it should report to the Minister.
Part 3—Operation of plants and farms
11H—Processing of chickens raised without approval
On and after the expiration of the period of three months next following the commencement of the Poultry Processing Act Amendment Act 1976 the operator of any plant shall not suffer or permit processing of chickens to be carried out at the plant unless the chickens—
(a)were supplied to him by the operator of an approved farm pursuant to an agreement in writing approved by the Committee; or
(b)were raised at a farm operated by him with the approval of the Committee; or
(c)were supplied to him by the operator of a plant to whom they were supplied, or by whom they were raised, in a manner referred to in paragraph (a) or (b) of this section.
Penalty: Two thousand dollars.
11I—Approval of farms etc
(1)An application may be made to the Committee—
(a)by the operator or proposed operator of a farm for approval of the farm or proposed farm; or
(b)by the operator of any plant for approval to operate a farm or proposed farm.
(2)The application referred to in subsection (1) of this section must contain particulars in the prescribed form and be accompanied by the prescribed fee.
(3)Where, before the expiration of the period of three months next following the commencement of the Poultry Processing Act Amendment Act 1976, application is made—
(a)under paragraph (a) of subsection (1) of this section for approval of a farm that was used as such during the period of three months expiring on the first day of September, 1976; or
(b)under paragraph (b) of subsection (1) of this section by the operator of any plant for approval to operate a farm that was used as such by him during the period of three months expiring on the first day of September, 1976,
the Committee shall grant the approval.
(4)Where application is made under paragraph (a) or paragraph (b) of subsection (1) of this section for an approval, not being an application for approval referred to in subsection (3) of this section, the Committee may grant the approval if it is satisfied that there is a demand for the supply of chickens for processing that cannot reasonably be met by the operators of approved farms using existing facilities.
(5)The Committee may, on granting approval under this section in respect of a proposed farm, stipulate that the approval shall have effect upon the proposed farm being established in accordance with conditions specified in the approval within a period specified in the approval.
(6)The Committee shall, on granting approval under this section, as evidence of the approval, cause a certificate of approval, in the prescribed form, to be issued to the person granted the approval.
(7)The Committee may, on granting approval referred to in paragraph (b) of subsection (1) of this section to the operator of any plant to operate a farm, restrict the approval to the raising annually of not more than a number of chickens specified in the approval.
(8)The Committee may from time to time vary a restriction referred to in subsection (7) of this section in a manner that reasonably reflects variations in the demand for the supply of chickens for processing.
11J—Approval of agreements between operators of plants and operators of farms
(1)An application may be made to the Committee by the operator of a plant and the operator of an approved farm for approval of any agreement in writing for the supply of chickens.
(2)The applicants referred to in subsection (1) of this section must furnish the Committee with a copy of the agreement and such relevant information as the Committee requires.
(3)Where application is made under this section, the Committee shall approve the agreement if the Committee is satisfied that the agreement—
(a)promotes reasonable continuity in the relation between the operator of the plant and the operator of the farm; and
(b)establishes satisfactory criteria for determining the efficiency of the operator of the farm; and
(c)provides a reasonable basis for determination and periodic adjustment of the fee to be paid to the operator of the farm for the supply of chickens; and
(d)provides for a right in the operator of the farm, if he is efficient in terms of the criteria agreed upon, to participate in meeting any expansion of the requirements of the operator of the plant for the supply of chickens; and
(e)provides for any other matters (whether or not of the same kind as those referred to in the foregoing paragraphs of this subsection) relating to the raising and supply of chickens for processing for which the Committee considers provision should be made.
Part 3A—Appeals
15A—The Tribunal
In this Part—
the Tribunal means the Poultry Farmer Licensing Review Tribunal constituted under the Egg Industry Stabilization Act 1973.
15B—Appeals
(1)A person aggrieved by a decision of the Committee under this Act may within the prescribed time and in the prescribed manner appeal to the Tribunal.
(2)On appeal under subsection (1) of this section the Tribunal may—
(a)dismiss the appeal and uphold the decision;
(b)uphold the appeal and quash the decision or substitute for that decision any other decision that in the opinion of the Tribunal the Committee was competent to make.
15C—Procedure
The procedure for the conduct of business before the Tribunal shall, subject to this Act, be as determined by the Tribunal.
Part 4—Miscellaneous
17—Evidence
For the purposes of this Act or of any proceedings under this Act—
(a1)a certificate under the hand of the chairman of the Committee stating that on a day specified or throughout a period specified therein a particular farm was or was not an approved farm or a particular operator of a plant did or did not have approval to operate a farm or did or did not have approval to raise more than a number of chickens specified therein,
shall be prima facie evidence of the facts stated in the certificate.
18—Offences by bodies corporate
Where a body corporate does any act or makes any omission which is an offence against this Act—
(a)every director; and
(b)every member of the governing body; and
(c)every person concerned in the management,
of that body corporate who authorised or knowingly permitted that act or omission, as the case may be, shall for the purposes of this Act, be deemed to have committed that offence.
19—Summary procedure
All proceedings in respect of offences against this Act shall be disposed of summarily.
20—Regulations
The Governor may make such regulations, not inconsistent with this Act, as may be necessary or convenient for the purposes of carrying out or giving effect to this Act or the objects thereof including (but without limiting the generality of the foregoing) regulations—
(e)making provision for and prescribing penalties not exceeding two hundred dollars for any breach of or failure to comply with any regulation; and
(f)prescribing such matters as are by this Act required or permitted to be prescribed.
Legislative history
Notes
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Formerly
Poultry Processing Act 1969
Repeal of Act
The Poultry Meat Industry Act 1969 was repealed by Sch cl 1 of the Chicken Meat Industry Act 2003 on 2.9.2004.
Principal Act and amendments
| Year | No | Title | Assent | Commencement |
| 1969 | 9 | Poultry Processing Act 1969 | 27.2.1969 | 1.7.1971 (Gazette 1.7.1971 p2) |
| 1976 | 88 | Poultry Processing Act Amendment Act 1976 | 16.12.1976 | 2.6.1977 (Gazette 2.6.1977 p1582) |
| 1986 | 24 | Poultry Meat Hygiene Act 1986 | 20.3.1986 | Sch—10.4.1986 (Gazette 10.4.1986 p871) |
Provisions amended since 3 February 1976
•Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 8 of The Public General Acts of South Australia 1837-1975 at page 538.
Entries that relate to provisions that have been deleted appear in italics.
| Provision | How varied | Commencement |
| Long title | amended by 88/1976 s 3 | 2.6.1977 |
| Pt 1 | ||
| s 3 | substituted by 88/1976 s 4 | 2.6.1977 |
| amended by 24/1986 s 3 (Sch) | 10.4.1986 | |
| s 4 | ||
| approved farm | inserted by 88/1976 s 5(a) | 2.6.1977 |
| base weight | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| carcass | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| the chairman | inserted by 88/1976 s 5(b) | 2.6.1977 |
| chicken | inserted by 88/1976 s 5(b) | 2.6.1977 |
| the Committee | inserted by 88/1976 s 5(b) | 2.6.1977 |
| court | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| end weight | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| farm | inserted by 88/1976 s 5(c) | 2.6.1977 |
| inspector | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| operator | substituted by 88/1976 s 5(d) | 2.6.1977 |
| registered plant | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| weight gain | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| s 5 | ||
| s 5(1) | amended by 88/1976 s 6(a) | 2.6.1977 |
| amended by 24/1986 s 3 (Sch) | 10.4.1986 | |
| (d) deleted by 24/1986 s 3 (Sch) | 10.4.1986 | |
| s 5(2) | amended by 88/1976 s 6(b) | 2.6.1977 |
| amended by 24/1986 s 3 (Sch) | 10.4.1986 | |
| Pt 2 Div 1 | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| Pt 2 Div 2 | amended by 88/1976 s 7 | 2.6.1977 |
| deleted by 24/1986 s 3 (Sch) | 10.4.1986 | |
| Pt 2 Div 3 | inserted by 88/1976 s 7 | 2.6.1977 |
| s 11AA | ||
| s 11AA(1) and (2) | amended by 24/1986 s 3 (Sch) | 10.4.1986 |
| Pt 3 | heading substituted by 88/1976 s 8 | 2.6.1977 |
| ss 11H | inserted by 88/1976 s 8 | 2.6.1977 |
| s 11I | inserted by 88/1976 s 8 | 2.6.1977 |
| s 11J | inserted by 88/1976 s 8 | 2.6.1977 |
| s 11J(1) | amended by 24/1986 s 3 (Sch) | 10.4.1986 |
| s 12 | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| s 13 | amended by 88/1976 s 9 | 2.6.1977 |
| deleted by 24/1986 s 3 (Sch) | 10.4.1986 | |
| ss 14 and 15 | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| Pt 3A | inserted by 88/1976 s 10 | 2.6.1977 |
| s 16 | deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
| s 17 | amended by 88/1976 s 11 | 2.6.1977 |
| amended by 24/1986 s 3 (Sch) | 10.4.1986 | |
| (a) and (b) deleted by 24/1986 s 3 (Sch) | 10.4.1986 | |
| s 20 | (a)—(d) deleted by 24/1986 s 3 (Sch) | 10.4.1986 |
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