Slaughtering Act of 1951 (15 Geo Vi No. 9) (Qld)

248 STOCK. Slat~ghtering Act. 15 GEO. VI. No. 9, 15 N G o E . O. 9. VI. An Act to make Further and Better Provision for the THE SLA UGHTERING Regulation of the Slaughtering of Stock for ACT OF 1951. Human Consumption, and for the Inspection and Regulation of Slaughter-houses, Boiling down works, Butchers' shops, Small goods shops, and Meat for Sale,' and for other purposes. [ASSENTED TO 30TH MARCH, 1951.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title. 1. This Act may be cited as " The Slaughtering Act of 1951." Commence· *2. Except as herein otherwise provided, this Act ment of Act. shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. Construction 3. This Act, including every Proclamation, Order in of Act. Council, and regulation made hereunder, shall be read and construed so as not to exceed the legislative powe.r of the State to the intent that where any enactment hereof or provision of any such Proclamation, Order in Council, or regulation would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.. Repeal of 62 Vic. No 23. Savings. 4. t" The Slaughtering Act of 1898" (hereinafter referred to as " the repealed Act") is hereby repealed: Provided that, but without limiting the operation of t" The Acts Shortening Acts "- (a) Unless otherwise expressly provided, every register, regulation, license, declaration, order, or other act of authority kept, made, granted, renewed, transferred, issued, given, or done, * Commenced on t 62 V. No. 23. ~ 31 V. No. 6 and amending Acts.

STOCK. 1951. Slaughtering Act. as the case may be, under the repealed Act and maintained or in force at the commencement of this Act shall, subject as hereinafter provided, continue under and for the purposes of this Act until it expires by effiuxion of time, or ceases to be kept, or is repealed, amended, or otherwise modified, revoked, cancelled, suspended, or surrendered, as the case may be, under this Act: Provided that where any such license is suspended at the commencement of this Act, it shall not be in force under this paragraph until the expiration of the period for which it was suspended and then only if it has not expired during the period of its suspension and it shall only continue in force thereafter for the remainder of the period during which it would have been in force if it had not been so suspended: Provided further that every such register, regulation, license, declaration, order, or other act of authority shall be read and construed subject to this Act; (b) Each and every person- (i.) Appointed as an inspector or officer; or (ii. ) Approved to act as an expert or analyst, under the repealed Act and holding such office at the commencement of this Act shall, subject to this Act, continue to hold that office in terms of his appointment or approval, under and for the purposes of this' Act, and shall, without further appointment, be deemed to be appointed under and for the purposes of this Act- (iii.) As an inspector or officer holding a corresponding office; or (iv.) As an expert or analyst, as the case may be ; (c) For the purpose of the making of an appeal and the hearing and determination of that appeal from any order or decision of an inspector, other than an order to cleanse, made, issued, or given prior to the commencement of this Act, and for the 249

250 STOCK. Slatlghtering Act. 15 GEO. VI. No. 9, purpose of the hearing and determination of any such appeal made prior to such commencement, and for the purpose of all matters relating to any appeal as aforesaid and the decision on that appeal, the provisions of the repealed Act, as existing on the repeal thereof by this Act, relating to such appeals shall continue in force; (d) All matters and proceedings under the repealed Act commenced or pending or in progress at the commencement of this Act may be carried on and prosecuted and enforced as if such repeal had not been made, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act; (e) All penalties and forfeitures imposed under any provision of the repealed Act and incurred at the commencement of this Act shaH and may be enforced as if the repealed Act had not been repealed; .(f) In any Act any reference to or citation of the repealed Act shall be deemed, unless the context otherwise indicates or requires, to be a reference to or citation of this Act. Saving of other Acts. 5. (1.) No provision of " *The Health Acts, 1937 to 1949," or of t" The Diseases in Stock Acts, 1915 to 1950," or of this Act or of any regulation under any such Act shall be deemed to repeal by implication or otherwise affect any provision of any other such Act or of any regulation thereunder : Provided that where any act or omission is an offence under a provision of this Act or of a regulation hereunder and under a provision of *" The Health Acts, 1937 to 1949," or of a regulation thereunder, or under a provision of tOO The Diseases in Stock Acts, 1915 to 1950," or of a regulation thereunder, the offender may be prosecuted under any such provision but so that he shall not be twice punished for that offence: * 1 G. 6 No. 31 and amending Acts. t 6 G. 5 No. 16 and amending Acts.

1951. STOCK. Slaughtering Act. 251 Provided further that, in respect ofa district assigned to an inspector by or under this Act and in respect of any time during which that district continues to be so assigned- (a) Where a by-law of a Local Authority is inconsistent with a provision of this Act, then the latter shall prevail and the former shall, to the extent of the inconsistency, be invalid; and (b) Anything done bya Local Authority or any officer of a Local Authority inconsistent with any power exercised or duty performed by an inspector under this Act shall be void and inoperative. (2. ) Nothing in this Act shall be deemed to repeal by implication or otherwise affect the provisions ot section eighty-two of*" The Abattoirs Acts, 1930 to 1949." (3.) If the Governor in Council declares by Order in Council published in the Gazette that the provisions of this Act shall extend and apply to poultry, then for the due performance of the objects and purposes of t" The Poultry Industry Acts, 1946 to 1950," the provisions of this Act shall, subject to t" The Poultry Industry Acts, 1946 to 1950," and the regulations thereunder apply and extend accordingly. (4. ) Nothing in this Act shall be construed to render Saying a.s to lawful any act, matter, or thing whatsoever which but nwsances. for this Act would be deemed to be a nuisance, nor to exempt any person from any action, liability, prosecution, or punishment to which such person would have been otherwise subject in respect of any such act, matter, or thing. r 6. (1.) In this Act, unless the context otherwise eaning of indicates or requires, the following terms shall have the erms. meanings respectively assigned to them, that is to say:- a Abattoir "-Any public abattoir or local Abattoir. abattoir within the meanings respectively assigned to those terms by *" The Abattoirs Acts, 1930 to 1949," or any other abattoir; * 21 G. 5 No. 13 and amending Acts. t 10 G. 6 No. 33 and amending Acts.

252 Analyst. Animal. Appliance. Boiling down works. Building. Butoher's shop. STOCK. Slanghtering Act. 15 GEO. VI. No. 9, " Analyst "-A person appointed or deemed to be appointed under and for the purposes of this Act as an analyst; " Animal "-Any animal (whether a domestic animal or not) of whatever kind or species: The term includes any stock; " Appliance "-Without limit to the ordinary meaning of the term, any machinery~ implement, apparatus, work, tool, instrument, utensil, block, wrapper, keg, can, box, package, basket, vessel, container, receptacle, or other thing whether of the same kind as the things before enumerated or not, used or apparently used at or for any purpose of or connected with a slaughter-house or a butcher's shop or a small goods shop, or used or apparently used for any purpose of or connected with the carcasses of any stock after slaughter, or used or apparently used at or for any purpose of or connected with a boiling down works or the business carried on thereat; "Boiling down works "-Any place, with its buildings and appurtenances, kept or used for boiling down the carcasses of any animals, including the land appurtenant thereto: The term includes any place commonly called a "knacker's yard," with its buildings and appurtenances, and any place, with its buildings and appurtenances, kept or used for the slaughtering of horses or any other animals the carcasses of which are not for human consumption, including the land appurtenant to any place as aforesaid; " Building "-Includes any structure whatsoever: The term includes any part of a building; " Butcher's shop "-Any building (including any market, cold store, depot, shop, booth, or stall), enclosure, premises, or other place (or part of any place), with its appurtenances, kept or used for the storage of meat for sale, or for the preparation for sale or sale of meat, or for any purpose of or connected with the storage of meat for sale, or the preparation

STOCK. 253 1951. Slaughtering Act. for sale or sale of meat, including the land appurtenant to any place (or part of any place) as aforesaid, and any vehicle kept or used for or in connection with the storage of meat for sale, or the preparation for sale or sale or carriage or delivery of meat, and any appliance declared by the Governor in Council by Order in Council to be a butcher's shop: The term does not include a small goods shop; . " Carcass "-Includes any part of a carcass: Carcass. ~ Then used with reference to any stock the term includes meat and offal; f "Chief Inspector "-The Chief Inspector of hief Slaughter-houses appointed or deemed to be nspector. appointed under and for the purposes of this Act; " Disease "-Any disease in stock or meat Disease. specified in the First Schedule to this Act; Sch. I. " Diseased "-Infected or affected with or by Diseased. disease; " District "-A district constituted or deemed to District. be constituted under and for the purposes of this Act; " Expert "-A person appointed or deemed to be Expert. appointed under and for the purposes of this Act as an expert to examine meat or any other part of the carcass of any stock; " Inspector "-The Chief Inspector or any other Inspector. inspector appointed or deemed to be appointed under and for the purposes of this Act: The term includes any inspector appointed under *" The Diseases in Stock Acts, 1915 to 1950 " ; " Licensee "-Any person named in a license Licensee. continued in force by this Act or in a license or certificate of registration issued under this Act at the time in question in force as being thereby licensed or as being the holder of such certificate, as the case may be ; "Local Authority "-Includes Brisbane City Local Council and a Joint Local Authority; Authority. * 6 G. 5 No. 16 and amending Acts.

254 Meat. Minister. Offal. Officer. Owner. Person. Poultry. STOCK. Slaughtering Act. 15 GEO. VI. Ko. 9, " Meat "-That part of the carcass of any stock which is ordinarily used or consumed for the food of man, and whether the same is in its natural state or has been prepared by freezing, chilling, preserving, salting, or by any other process; " Minister "-The Secretary for Agriculture and Stock or other Minister of the Crown for the time being charged with th~ administration of this Act; " Offal "-Blood, refuse, ingesta, hide, wool, skin, hair, hoofs, horns, and any other part of the carcass of any stock, which part is not ordinarily used or consumed for the food of man; " Officer "-Any inspector, analyst, expert, or other officer appointed or deemed to be appointed under and for the purposes of this Act; " Owner "-In relation to any slaughter-house, butcher's shop, small goods shop, or boiling down works, or any place (which may include all or any of the places aforesaid) licensed or registered by or under this Act, means the person for the time being entitled to receive either on his own account or as mortgagee or other incumbrancer in possession the rent thereof or if he is absent from Queensland the attorney or agent of such person capable of giving a valid receipt for such rent: The term includes any person who, in relation to any place referred to in the first paragraph of this definition, is the agent, manager, or superintendent of the owner thereof as hereinbefore defined in this definition: Provided that as respects any land held for an estate of leasehold from the Crown, the term " owner" means the person holding under the Crown; . "Person "-Includes a body corporate; " Poultry "-Poultry within the meaning of *" The Poultry Industry Acts, 1946 to 1950" ; * 6 G. 5 No. 16 and amending Act.

STOCK. 255 1951. Slaughtering Act. " Prescribed "-Prescribed by this Act; Prescribed. " Regulations "-Regulations continued ill force Regulations. by or made under this Act; " Sell "-Includes barter and also includes agree Sell. to sell, or offer or expose for sale, or keep or have in possession for sale, or receive, consign, send, forward, or deliver for or on sale, or authorising, causing, permitting, suffering, or attempting any of such acts or things; " Slaughter-house "-Any abattoir, with its Slaughter- buildings and appurtenances, and any p I ace, house. with its buildings and appurtenances, commonly called a "slaughter-house" or "slaughter-yard," and any place, with its buildings and appurtenances, kept or used for the slaughtering of any stock for human consumption; and also any place, with its buildings and appurtenances, kept or used or required in connection with any slaughter- house as hereinbefore defined, for the keeping or drafting of any stock intended for slaughter therein or thereat, or for preserving, preparing treating, processing, or otherwise dealing with meat derived from any such stock, or (in connection with any slaughter-house as hereinbefore defined) for preparing or manufacturing tallow, or for keeping or storing hides, skins, or bones, or for boiling down or otherwise disposing of offal: The term includes the land appurtenant to any abattoir and to any place referred to in this definition : Provided that the term does not jnclude any place where any stock are slaughtered solely for the use and consumption of the owner of such stock, the members of his family, and his employees, or one or more of those classes of persons, and the meat derived therefrom is not sold; ,. ~mall goods shop "-Any building, premises, Small goods or other place (or part of any place), with its shop. appurtenances, kept or used principally for . the sale of any prescribed meat or any place which is prescribed to be a small goods shop;

256 STOCK. Slaughtering Act. 15 GEO. VI. No. 9, Stock. This Act. Unfit for human -consump- tion. Vehicle. " Stock "-Any bull, steer, cow, heifer, calf, ram, ewe, wether, lamb, goat, kid, or swine and, if the Governor in Council declares by Order in Council that the provisions of this Act shall extend and apply to rabbits or poultry, or both rabbits and poultry (the Governor in Council being hereby authorised to make declarations accordingly at any time or at different times), rabbits or poultry, or both rabbits and poultry, as so declared; "This Act "-This Act and all Proclamations, Orders in Council, and regulations hereunder; " Unfit for human consumption "-Includes, but without limit tc the generality of the meaning of the term, unsound, unsafe, unwholesome, or unfit for human consumption by reason of disease, putrefaction, decomposition, emaciation, or contamination or of exposure to contamination bv dust, flies, insects, vermin, animals, or ·by any othel' means whatsoever ,,,hether of the same means as those before enumerated or not; " Vehicle "-Includes every description of cart, waggon, truck, barrow, carriage, motor vehicle, or other conveyance. Derivative.'!. (2.) Derivatives of any term to which a meaning is assigned by this section shall in this Act, unless the context otherwise indicates or requires, have a corresponding meaning. References (3.) Any reference in this Act to any other Act shall A to ct o s t . her be taken to include a reference to any later Act amending or in substitution for that other ict. Officers. 7. (1.) The Governor in Council may from time to time by notification published in the Gazette appoint under and for the purposes of this Act a Chief Inspector of Slaughter-houses and such other inspectors and other officers as he deems necessary for the effectual execution of this Act. The Chief Inspector of Slaughter-houses appointed under the Act repealed by this Act and holding that office at the commencement of this Act shall, without further appointment, be and be deemed to be appointed

STOCK. 257 1951. Slaughtering Act. Chief Inspector of Slaughter-houses under and for the purposes of this Act, and shall, subject to this Act, continue to hold that office in terms of his appointment, under and for the purposes of this Act. The Minister may from time to time by writing under his hand appoint under and for the purposes of this Act such and so many competent persons as he deems necessary as experts or analysts and may cancel any such appointment and may cause a notification or notifications of all or any of such appointments or such cancellations to be published in the Gazette. (2.) The Governor in Council may from time to Districts. time by notification published in the Gazette- (a) Constitute parts of Queensland as districts for the purposes of this Act; (b) Abolish, subdivide, or alter the boundaries of any district, or amalgamate any such districts or parts of such districts; (c) If considered desirable, assign a name to any such district and vary any such name; (d) Assign to any inspector or inspectors any district or districts or a part of any district or districts ; (e) Direct that any inspector to whom any district or districts or a part of any district or districts is or are assigned shall only exercise and discharge his powers and duties under this Act in that district or districts or, as the case may be, part; (f) Cancel or vary any assignment referred to in paragraph (d) or direction referred to in paragraph (e) aforesaid, and may include in any such notification all or any of such things. Any district or districts assigned to any inspector at the commencement of this Act shall, subject to this Act, continue, without a further assignment, to be assigned to that inspector and shall be deemed to be constituted under and for the purposes of this Act. I

258 STOCK. Slaughtering Act. 15 GEO. VI. No. 9, Unless the Governor in Council has otherwise directed by a notification published in the Gazette, any inspector may exercise and discharge his powers and duties under this Act in any part of the State notwith- standing that any district or districts or a part of any district or districts may have been assigned to him. (3.) Judicial notice shall be taken of every notification published in the Gazette under this section. ·Declaration. (4.) Every inspector appointed after the commencement of this Act shall, before entering upon his duties, make a declaration under the *" OathsAct of Sch. n. 1867 " in the form in the Second Schedule to this Act, or in a form to the like effect, and shall forthwith transmit such declaration to the Minister. Saving. (5. ) Nothing contained in this Act shall prejudice or in any way affect the application of the provisions of t" The Public Service Acts, 1922 to 1950," and of the regulations thereunder, to any officer appointed or deemed to be appointed under and for the purposes of this Act. Powers of inspectors. 8. (1.) Any inspector may at any time- (a) Enter any boiling down works, slaughter-house, butcher's shop, or small goods shop, or any land, building, premises, or other place in or on which animals are or are suspected by him to be kept or sold for slaughtering, or in or on which carcasses of animals slaughtered are or are suspected by him to be kept, stored, or sold; (b) Inspect and examine the same and all appurtenances thereto, appliances therein, and vehicles used or apparently used in connection therewith; (c) Inspect and examine all or any animals found upon such entry, which are intended or which appear to him to be intended for slaughter, and inspect and examine, and select, take, and retain samples of, the carcass of any animal or the carcasses of * 31 V. No. 12 and amending Acts. t 13 G. 5 No. 31 and amending Acts.

STOCK. 1951. Slaughtering Act. all or any animals after slaughter found upon entry, and may for the purpose of inspecting, examining, or taking samples of such carcass or carcasses cut into or direct the cutting into of that carcass or those carcasses; (d) Open any appliance found by him upon such entry which contains, or is suspected by him to contain, any meat, or offal, or any carcass of any animal other than stock; (e) Upon such entry inspect and examine, and select, take, and retain samples of the water supplied or suspected by him to be supplied to any stock or used or suspected by him to be used for the purposes of or in connection with any slaughter-house, butcher's shop, or small goods shop, or used, or suspected by him to be used, for the purposes of, or in connection with, the keeping, storing, preparing for sale, or sale of any meat or other part of the carcass of any stock after slaughter; and (f) Stop, inspect and examine any vehicle used, or suspected by him to be used, for the purposes of or in connection with any boiling down works, slaughter-house, butcher's shop, or small goods shop, or conveying or suspected by him to be conveying the carcass of any animal after slaughter for human consumption, and inspect and examine all appliances therein, and inspect and examine, and select, take, and retain samples of, the carcass of any animal or the carcasses of all or any animals found in that vehicle, and stop, inspect and examine, and select, take, and retain samples of, the carcass of any animal or the carcasses of all or any animals after slaughter which is or are being carried or delivered or which is or are at any place in the course of or for the purpose of being carried or delivered, and may for the purpose of inspecting, examining, or taking samples of any such carcass or carcasses in this paragraph mentioned cut into or direct the cutting into of that carcass or those carcasses. 2!l9

260 STOCK. Slaughtering Act. 15 GEO. VI. No. 9, (2.) An inspector may deliver or cause to be delivered any sample of meat or other part of the carcass of any stock to an expert for examination or any sample of water to an analyst for analysis. (3.) The expert or analyst shall, upon receipt of the sample, with all convenient speed examine or, as the case may be, analyse the same and shall give to the inspector a certificate of the result of the examination or analysis. Sch. Ill. The form in the Third Schedule to this Act or a form to the like effect may be used for the purpose of such certificate, but such form may be varied for the purpose of adapting the same to circumstances. ~ owers of 9. If after inspection of any slaughter-house, ~ ~ : :~!~g butcher's shop, or small goods shop, or any place in or on uncle~ n, &c., which stock are kept or sold for slaughtering for human premIses. consumption (including its buildings and appurtenances) an inspector is of the opinion that- (a) The same or any part thereof is in· an unclean or unwholesome condition, or requires renovating or repairing, or does not comply in any respect with any requirement of this Act; or (b) Any appurtenance thereto, appliance therein, or vehicle used or apparently used for the purposes thereof or in connection therewith is in an unclean or unwholesome condition, or requires renovating or repairing, or does not comply in any respect with any requirement of this Act; or (c) Any stock thereat is diseased; or (d) Any meat thereat is unfit for human consumption; or (e) Any water supplied to any stock or used or apparently used for any purpose thereof or in connection therewith is impure or unwholesome, he may, by order in writing under his hand addressed (if the same is licensed or registered under this Act) to the licensee or addressed (if the same is not licensed or registered under this Act) to the owner or occupier of the same, without further name or description- (i.) Order that slaughter-house, butcher's shop, small goods shop, or that place, or that

STOCK. 261 1951. Slanghtering Act. part thereof, or that appurtenance, appliance, or vehicle, as the case may be, to be forthwith cleansed, disinfected, and rendered wholesome to his satisfaction, or to be forthwith replaced, or to be renovated or repaired or otherwise rendered fit for the purpose for which the same is being used, as he may direct, or (in a case of non-compliance in any other respect with a requirement of this Act) 0rder that licensee or owner or occupier to do or to refrain from doing such acts or things as will, in the opinion of the inspector, ensure compliance with that requirement; or (ii.) Order that supply of water to be discontinued and a supply of fresh water to be used; or (iii.) Prohibit the use for any purpose of or connected with that slaughter-house, butcher's shop, small goods shop, or that place of that appurtenance, appliance, or vehicle, as the case may be, either absolutely or until the order imposing such prohibition, or any other order made by him under this section in respect thereof has been complied with to his satisfaction, or for such period of time as he thinks necessary; or (iv.) Prohibit the removal from that slaughter- house, butcher's shop, small goods shop, or that place of carcasses or any carcaRS of stock after slaughter for such time as he thinks necessary, and may include in that order in writing more than one direction as aforesaid and with respect to stock or meat may exercise all or any of the other powers conferred upon him by or under this Act or any other Act. 10. For the purposes of this Act with respect to ~ owers of any stock each and every inspector shall have and may : ' the~ ! ~ ; ect exercise all or any of the powers of and shall be deemed to diseased to be an inspector appointed under *" The Diseases in stock. Stock Acts, 1915 to 1950." * 6 G. 5 No. 16 and amending Acts.

262 STOCK. Slaughtering Act. 15 GEO. VI. No. 9, Condem· nation of stock, &c. 11. If an inspector is satisfied that any stock or meat inspected by him is unfit for human consumption he shall by order condemn the same, and order it to be destroyed. . If an inspector is satisfied that any stock or meat is being or has been removed, sold, supplied, delivered, prepared, or treated contrary to this Act, he may by order condemn the same. All st.ock and meat which has been condemned shall be disposed of in the manner prescribed. rIenpspoercttoorrdsertBo. I nspe 1 c 2 to . r, Esahcahllaansdseovoenryasinmspaeyctboer, moathkeer athraenpotrhtetoChthieef Chief Inspector of all orders made by him under the provisions of this Act. Aoinrpsdppeeeracsltoorffsr.om or de 1 ci 3 si . onAonfyapneirnssopnecwtohro, oftehelesr tahgagnrieavneodrdbeyr taoncyleoarndseer, may appeal therefrom to justices sitting in petty sessions on giving to that inspector the prescribed notice in writing of his intention so to do. Such justices shall hear and determine the matter of the appeal, and their decision shall be final and shall be enforced as if it were an order made by justices for a breach of duty under *" The Justices Acts, 1886 to 1949." The cost of and occasioned by any such appeal shall be determined by the justices who may in their discretion order that the same shall be paid by either party. J?uty of 14. The licensee (or in the case of a place which is t h o ce g ~ I s v e e e, &c., not license . d or • registered un . der th . is Ac ' t th . e own ' er or n?tice of the occupIer If the owner IS not III occupatIOn) of a disease. slaughter-house, butcher's shop, small goods shop, or place in or on which stock are kept or sold for slaughtering for human consumption, shall, when disease appears in any stock or meat therein or thereon, immediately upon discovering the fact, give notice thereof to the nearest inspector. He shall also immediately draft out and continue to keep separate all such diseased stock from the stock not suffering from disease, and shall not mix the meat * 50 v. No. 17 and amending Acts.

STOCK. 263 1951. Slaughtering Act. obtained from such stock or any diseased meat with other meat, or sell or use, or cause or permit to be sold or used, the same in any way for human consumption or the food of any animal. . 15. The licensee (or in the case of any place which Licensee, I.S not l1' 0ensed or regI.stered under t hI' S Act, t he owner, or f&ucrn. , istoh the occupier if the owner is not in occupation) bf a information. slaughter-house, butcher's shop, small goods shop, or place in or on which stock are kept or sold for slaughtering for human consumption shall on request furnish any inspector with any personal assistance and information which he is capable of furnishing to enable that inspector to discover or endeavour to discover any source of contamination, infection, or disease to which any stock or meat is or may be exposed, 16. A person shall not sell any stock or meat Diseased W h1' 0h has been condemnedyban'Inspector, or wh1' 0h' IS sntootckto, & bec. , diseased or any meat which is otherwise unfit for human sold. consumption. 1 7. A person shall not use or prepare for use for Diseased human consumption or for the food of any animal the : : t~ ~ ~ ~ . , carcass of any stock which is diseased, or any meat used. which is diseased, or any stock or meat which has been condemned by an inspector, or any offal. 18. A person shall not- Offences. (a) Sell, or slaughter, use, prepare for use, deal with, supply, or deliver any stock, or the carcass of any animal, including meat, in contravention of any of the provisions of this Act; or (b) Assault, resist, obstruct, threaten, or intimidate any inspector, analyst, expert, or other officer in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; or (c) When required by or under this Act to furnish any personal assistance or to furnish any information to any officer, fail to furnish that personal assistance or information, as the case may be, or, in the latter case, furnish false or misleading information; or (d) Fail to obey the lawful order or any part of the lawful order of an inspector; or

264 STOCK. Sluughtering Act. 15 GEO. VI. No. 9, (e) When required so to do by or under this Act, fail to deliver or keep any waybill or delivery- note, or fail to make any report, or to keep any record, or to preserve any hide or skin or other part of stock, or fail to produce on demand any waybill, delivery-note, record, or hide or skin or other part of stock required by this Act to be kept or preserved by him; or (I) Make any false entry in any waybill, delivery- note, record, or report referred to in paragraph (e) of this section; or (g) When required so to do by or under this Act, fail to give any prescribed notice. P~ w: er of the 19. (1.) If the licensee, owner, or occupier of any ~ ~ ~ tt~ ~ ! O slaughter-house, butcher's shop, small goods shop, or carrying out place in or on which stock are kept or sold for oorfdewroerdkto be S 1aughetr' Ing £ or human consumpt'lOn, or b 01 '1I' ng down done. works, fails to obey the order, or any part of the order, under this Act of any inspector directed to him, the Minister may make an order directing the inspector to carry out the work ordered by the inspector to be done or any part of that work at the expense of the person to whom the order of the inspector was directed, and thereupon the inspector shall cause that work to be carried out accordingly, and may recover by action as for a debt in any court of competent jurisdiction, from the person who was directed by the inspector to do that work, the cost of carrying out the work directed by the Minister to be carried out. All such cost, including the expenses incurred in endeavouring to recover the cost of carrying out the work, shall also be and remain a first charge upon the slaughter-house, butcher's shop, small goods shop, place, or boiling down works notwithstanding any change that may take place in the ownership thereof. (2.) If any licensee or occupier is obligated by the order, or any part of the order, of an inspector to carry out any work in respect of any property, real or personal, movable or immovable, held by him under a lease or tenancy whereby he is not bound to carry out that work, he may deduct the cost of such work paid by him from any rent payable by him or he may recover

STOCK. 265 1951. Sla1lghtering Act. the amount of such cost by action as for a debt in any court of competent jurisdiction from the person from whom he holds that lease or tenancy. Such lastmentioned person, if himself a lessee or tenant of the property in question under a lease or tenancy whereby he is not bound to carry out that work, may deduct from any rent payable by him to or may recover by action as for a debt in any court of competent jurisdiction from any other person from whom he holds his lease or tenancy any amount of such cost paid by him, and so on until the person to whom rent is payable is not himself a lessee or tenant: Provided that for the purposes of the two preceding paragraphs no holder of any land for an estate ofleasehold from the Crown shall be deemed to be a lessee or tenant. 20. Any person who takes or assists in taking T!l'king into any slaughter-house, butcher's shop, or small goods ~ ~ ~ ~ ~ ~ e~ ( } . , shop, or into any place in or on which stock are kept or into sold for slaughtering for human consumption any stock, ~ ~ l~ ; e~ t: ; . or the carcass or any carcasses of any stock, or any meat, or other matter or thing, which are or is diseased shall be liable to a penalty not exceeding two hundred pounds or to be imprisoned for a term not exceeding two years. 21. (1.) In this section, unless inconsistent with Interpre- the context or subject-matter- tation. " Horse "-Includes ass or mule; Horse. " Horseflesh "-Includes any part of the carcass Horseflesh. of a horse. (2.) (a) Any person who slaughters or causes, Prohibition P ermits, or suffers any other person to slaughter any ooff hsolarusegshter horse at any slaughter-house at which stock arefor human slaughtered for human consumption shall be guilty of~ ?o~ ~~ g-at an offence against this Act. hsloauusgehs. ter- (b) Any person who at any place slaughters or causes, permits, or suffers any other person to slaughter any horse for human consumption in Queensland shall be guilty of an offence against this Act. (3.) Any person who- Prohibition of the sale of (a) Sells any horseflesh or any food, Sl1 bstance, horseflesh or article containing any horseflesh; or fcoornshuumm. pa- n tion.

266 STOCK. Slaughtering Act. 15 GEO. VI. No. 9, (b) Prepares any horseflesh or prepares or manufactures any food, substance, or article containing any horseflesh, for human consumption in Queensland shall be guilty of an offence against this Act. Prohibition (4.) (a) Any person who sells any horseflesh or any ohofrssaelfelesohf food, substance, or article containing any horseflesh- at butchers' shops and, (i.) At or from any shop, vehicle, or other place at except in or from which any meat is sold for human sealed containers, consumption; or at other food shops. (ii.) At or from any shop, vehicle, or other place at or from which any food, substance, or article (other than meat) is sold for human consumption, unless such horseflesh or food, substance, or article containing horseflesh is contained in a sealed metal or other prescribed container bearing a label legibly and conspicuously indicating that the contents of that container consist wholly or partly of horseflesh, shall be guilty of an offence against this Act. Prohibition (b) The licensee (or in the case of a place which ohof rhsaevfliensgh is not licensed or registered under this Act, owner or at butchers' occupier) of- shops, or factories, (i.) Any shop, or other place at or from which where human food any meat is sold for human consumption; or prepared. (ii.) Any factory or other place at which any food, substance, or article is prepared or manufactured for human consumption, who has at that shop, factory, or other place, or who causes, permits, or suffers to be or to remain at that shop, factory, or other place, any horseflesh or any food, substance, or article containiHg horseflesh shall be guilty of an offence against this Act. Prohib~ tion (5.) The licensee (or in the case of a place which ~ ~ ~ : ~ ~ ~ ~ at is not licensed or registered under this Act, owner or food s~ ops occupier) of any shop or other place at or from which any : : ~ ~ t m food, substance, or article (other than meat) is sold for containers. human consumption who has at that shop, or other place, or who causes, permits, or suffers to be or to remain at that shop or other place, any horseflesh or food, substance, or article containing horseflesh which is not contained in a sealed metal or other prescribed

STOOK. 267 1951. Slaughtering Act. container bearing a label legibly and conspicuously indicating that the contents of that container consist wholly or partly of horseflesh, shall be guilty of an offence against this Act. (6.) The licensee of a vehicle (or in the case of a Prohib!tion vehicle which is not licensed or registered under this ~ ~ r~ : ~ ~ ~ ~ on Act, owner or person in charge of that vehicle) from orvehic~ es upon which any meat is sold or carried or delivered for : ~ ~ rmg human consumption who has in or upon that vehicle, or who causes, permits, or suffers to be or to remain in or upon that vehicle, any horseflesh or any food, substance, or article containing horseflesh shall be guilty of an offence against this Act. (7.) The licensee of a vehicle (or in the case of a Prohibition vehicle which is not licensed or registered under this ~ ~ ~ : ~ ! ~ ~ on Act, owner or person in charge of that vehicle) from or cert.ain upon which any food, substance, or article (other than ; ~ ~~ ~ :~ n meat) is sold or carried for human consumption who sealed has in or upon that vehicle, or who causes, permits, or containers. suffers to be or to remain in or upon that vehicle, any horseflesh or any food, substance, or article containing horseflesh which is not contained in a sealed metal or other prescribed container bearing a label legibly and conspicuously indicating that the contents of that container consist wholly or partly of horseflesh, shall be guilty of an offence against this Act. work(s8. ) seA11ns y oprerssounppwll · eh . so (! a. ltororhfurmomanancyonbsouimlipntgI.OdnowI" nnocPfarroscahalisebsiotifon Queensland th.e carca. ss of any animal shall be guilty of fcoorns h u u m ma p t~ Ion an offence agamst thIS Act. from boiling down works. (9.) Any person who sells or supplies for human Prohibition consumpt I"On I.n QueensIand t he carcass 0 f any anI.maI ohfumsaalenfor which has been slaughtered at a boiling down works shall c~ nsumption b e gUI' Ity 0 f an o c u c ence agaI . nst t h· IS A C t " a 01 nicmaraclass of slaughtered at boiling down works. 22. (l.) Any person who contravenes or fails to Offences. comply with any provision of this Act shall be guilty of an offence. (2.) Any person guilty of an offence against any General provision of this Act shall be liable, if no specific penalty penalty. is provided for that offence, to a penalty not exceeding one hundred pounds, or to imprisonment for a term not exceeding twelve months.

268 STOCK. Slaughtering Act. 15 GEO. VI. No. 9, Summa~ y (3.) All offences against this Act may be prosecuted proceedmgs. and all fees payable under this Act may be recovered in a summary way under *" The Justices Acts, 1886 to 1949," on complaint by any inspector or by any person authorised by the Minister. Evidence. 23. In any proceeding under or for a purpose of this Act- (a) It shall not be necessary to prove the appointment of any officer, or the authority of any officer to do any act or to give any direction or order; (b) A certificate purporting to be signed by a person authorised by this Act to give the same shall, upon its production in evidence, be evidence of the matters certified to therein and that the signature on the certificate is the signature of the person by whom it purpol'ts to have been signed, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matters; (c) The onus of proof that any stock or meat was not for sale or was not intended for human consumption shall be upon the party charged; (d) The fact that any stock are found at any place under circumstances denoting an intention to slaughter the same shall be prima facie evidence that such place is a slaughter-yard, and that stock are being slaughtered therein, until the contrary is proved; (e) A certificate purporting to be under the hand of the Chief Inspector stating that an amount set out therein is due and payable by a person named therein in respect of any prescribed fee payable under this Act and that such amount has not been duly paid shall, upon its production in evidence, be evidence of the matters certified to therein and that the signature on the certificate is the signature of the Chief Inspector, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matters. * 50 V. No. 17 and amending Acts.

STOCK. 269 1951. Slaughtering Act. 24. The Governor in Council may from time to Amendment time by Order in Council amend the First Schedule of Sch. I. to this Act by altering the description of or deleting any of the diseases in stock or meat specified therein, or by adding thereto any other diseases in stock or meat, and the First Schedule as so amended shall thereupon become for the time being the First Schedule to this Act and shall have effect accordingly. 25. (l.) The Governor in Council may from time Regulations. to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions of this section, regulations may be made for or in respect of all or any of the following matters :- (i.) Providing for, regulating, and controlling the Officers. powers and duties of inspectors, experts, analysts, and other officers; (ii. ) Providing for, regulating, and controlling Licensing the licensing or registration of (including the ~ ~~~ :~~ ~t; .r­ assignment of an official number to) all or any class of slaughter-houses, butchers' shops, and small goods shops, and vehicles used for the purposes thereof or in connection therewith; the renewal from time to time and the transferring of such licenses or registrations or of any class thereof; fees for such licenses or registrations, or for any class thereof, and for the renewal and transfer thereof or of any class thereof; the period for which such licenses or registrations or any class thereof, or any renewal thereof or of any class thereof, shall remain in force; in prescribed cases, the conditions subject to which such licenses or registrations shall remain or continue in force; the cancellation or suspension of such licenses or registrations or of any class thereof for any contravention of or failure to comply with any provision of this Act or any condition as aforesaid; and prohibiting the sale of meat other than at

Licensing ufboiling down works, &e. Slaughter. Unauthor- ised slaughter. Unlicensed places. Tleatment of animals. STOCK. Slaughtering Act. 15 GEO. VI. No. 9, slaughter-houses, butchers' shops, and small goods shops which are duly licensed or registered ; (iii.) Regulating and controlling boiling down works and, without limit to the generality of this power, providing for, regulating, and controlling the licensing or registration of (including the assignment of an official number to) boiling down works; the renewal from time to time and the transferring of such licenses or registrations; fees for such licenses or registrations and for the renewal and transfer thereof; the period for which such licenses or registrations, or any renewal thereof, shall remain in force; the cancellation or suspension of any such license or registra- tion for any contravention of or failure to comply whh any provision of this Act or any term or condition thereof; prescribing standards for, and providing for, regulating, and controlling, the construction, lighting, ventilation, drainage, water supply,. and maintenance of boiling down works and appurtenances thereto, appliances therein, and vehicles used for the purposes thereof or in connection therewith, and the situation of any appurtenances thereto or appliances therein ; (iv.) Regulating and controlling the slaughter of stock generally ; (v.) Prohibiting the slaughter of stock at prescribed places and regulating and controlling the slaughter of stock at slaughter-houses; (vi.) Providing for the punishment of any person who establishes or keeps any unlicensed or unregistered slaughter-house, butcher's shop~ small goods shop, boiling down works, or vehicle at any time when the same is required to be licensed or, as the case may be~ registered under this Act ; (vii.) Providing for, regulating, and controlling the sustenance, treatment, and management of animals at boiling down works, or slaughter- houses, or other places in or on which animals

STOCK. 271 1951. Slaughtering Act. are kept or sold for slaughtering, and of animals being driven or taken to all or any of such places ; (viii. ) Prescribing the forms of waybills or delivery- Waybills, notes to be delivered when stock are delivered &c. at a slaughter-house to be slaughtered, and providing for the keeping or preservation of the same and their production to inspectors on demand; (ix.) Regulating and controlling the carriage, Carriage, storage, and treatment of meat and the &c·,t f & carriage and treatment of stock intended for mea, c. slaughter generally; (x.) Prohibiting the blowing or other injurious Blowing treatment or preparation of meat; meat. (xi.) Prescribing standards for, and providing for, Construction regulating, and controlling, the construction, of slaughter- .. ... houses, &c. hghtmg, ventIlatIOn, dramage, water supply, and maintenance of all or any slaughter- houses, butchers' shops, small goods shops, and places in or on which stock are kept or sold for slaughtering for human consumption, and appurtenances thereto, appliances therein, and vehicles used for the pur:poses thereof or in connection therewith, and the situation of any appurtenances thereto or appliances therein, and the type, construction, and situation and maintenance of sanitary conveniences connected therewith; (xii.) Regulating and controlling, and, where Swine, deemed necessary, prohibiting the keeping poultry, &c. of swine or poultry, or swine and poultry, and the keeping of dogs and cats and other animals or anyone or more of such animals at boiling down works, slaughter-houses, butchers' shops, and small goods shops, and, where not prohibited, regulating and controlling the construction, drainage, and situation of pigsties and poultry houses, pens, or yards at boiling down works, slaughter-houses, butchers' shops, and small goods shops;

272 STOCK. Slaughtering Act. 15 GEO. VI. No. 9, Cleansing vehicles, &c. Cleansing slaughter- houses. &0. Offal, &c. Hides, &c. Diseased stock. Destruction and disposal of diseased stock, &c. Tests for discovering disease. Condemned animals. (xiii.) Providing for, regulating, and controlling the inspection of places, things, and vehicles used, or intended to be used, for the storage or carriage ofmeat or for the carriage ofstock, and the cleansing and disinfection of the same; (xiv.) Providing for, regulating, and controlling the cleansing and disinfection of slaughter- houses, butchers' shops, small goods shops, places in or on which stock are kept or sold for slaughtering for human consumption, and boiling down works, and of appurtenances thereto and of appliances therein and of vehicles used for the purposes of or in connection with the same and of all appliances and vehicles used in connection with meat; . (xv.) Providing for and regulating the removal and disposal of offal and filth in slaughter-houses; (xvi.) Providing for the preservation of skins, hides, or other parts of stock slaughtered and their production to inspectors on demand; (xvii.) Regulating and controlling the use and treatment of diseased stock or of stock suspected to be diseased at slaughter-houses or other places in or on which stock are kept or sold for slaughtering; (xviii.) Providing for and regulating the destruction and disposal of stock and the disposal of carcasses of stock and meat which are or is diseased and meat which is otherwise unfit for human consumption: (xix.) Providing for the application or making of any test for the detection of disease in stock or meat or for the purpose of determining whether any meat is otherwise unfit for human consumption; and prescribing any such test; (xx.) Providing for and regulating the destruction and disposal of condemned animals and the disposal of the condemned carcasses of animals;

STOCK. 273 1951. Slanghtering Act. (xxi.) Prescribing the records to be kept and the Records, &c. manner of the keeping thereof, and providing for their production to inspectors on demand, and prescribing the reports or returns to be made by licensees, owners, and occupiers of boiling down works, slaughter-houses, butchers' shops, small goods shops, and places in or on which stock are kept or sold for slaughtering for human consumption; (xxii.) PpreetstcyribsiensgsI" OrencsorIdns troespbeec t ke 0 p f t lbicyencsleesrksanodf pcRleeetcrtkoysrdosfof registrations under this Act and the manner sessions. of the keeping thereof; (xxiii.) Prescribing the notices to be given under this Notices. Act prior to the slaughter of stock and at other prescribed times; Providing for and regulating the service or delivery of notices given under this Act and of orders given by inspectors ; (xxiv.) Prescribing the matters in respect whereof ~ ees fo~ fees shall be payable under this Act (including % ~:ectlOns, the imposition of fees for the purpose of the payment of expenses incurred by inspectors in making inspections or otherwise in the administration of this Act), and the amounts of such fees; Prescribing the persons who shall be liable for the payment of such fees; Providing for the time and manner of payment of any such fees and for the recovery of any amount thereof not duly paid; (xxv.) Prescribing the qualifications of inspectors Appoint. and other officers appointed under this Act, ments. and requiring that before appointment they shall give by examination or otherwise satisfactory evidence of their competency; (xxvi.) Prescribing, regulating, and controlling the Branding branding of carcasses or meat of stock of meat. slaughtered at slaughter-houses; Prescribing different brands and the respective purposes for which any and every prescribed brand shall be used, the form, size, colour, and design of any and every prescribed brand,

274 STOCK. Slaughtering Act. 15 GEO. VI. No. 9, Boiling down works. Grades and grading of meat for sale. Appeals from orders of inspectors. Forms. the particulars to be shown thereby, and the manner in which, the time when, and the person by whom any carcass or meat is to be branded with any and every prescribed brand, and prohibiting any person other than a person thereunto authorised by theregulations from having in his possession or under his control, or from branding any carcass or meat with any prescribed brand, and generally for prohibiting the use of any prescribed brand for any purpose not authorised by the regulations; (xxvii.) Regulating and controlling the slaughtering of animals at or for boiling down works and the disposal of the carcasses of such animals, the containers for horseflesh or any other article sold, removed, or delivered from boiling down works, the labelling of such containers, and the method of treatment or dealing with such horseflesh or other such article prior to its sale, removal, or delivery from any boiling down works; (xxviii. ) Prescribing, regulating, and controlling grades for, and the grading of, meat for sale, which grades and grading may be regulated and controlled according to any or all of the following, that is to say, age, quality, the condition of the stock from which such meat is derived at the time of slaughtering, the dressing of the carcasses, the change in character of such meat since the time of the slaughtering of the stock from which it is derived, the suitability for human consumption of such meat by any specified method of preparation, or otherwise as is prescribed; Prescribing, regulating, and controlling the sale of meat according to its grade; (xxix.) Prescribing and regulating all matters and things with respect to appeals from orders and decisions of inspectors to justices sitting in petty sessions; (xxx.) Prescribing forms under this Act and the respective purposes for which such forms shall be used;

STOCK. 275 1951. Slaughtering Act. (xxxi.) Prescribing the amount of any pecuniary or Penalty. other penalty for any offence against any regulation, provided that any such pecuniary penalty shall not in any case exceed one hundred pounds or in the case of a daily penalty five pounds per day; (xxxii.) Prescribing the mode and onus of proof of Proof. matters required to be proved under and for the purposes of this Act; (xxxiii.) Prescribing all matters and things which by Generally. this Act are required or permitted to be prescribed and generally all matters and things for carrying this Act into effect. The power to make any regulation under this Act shall include power to make that regulation so that it shall be limited in its application to or to any part of any prescribed area, district or subdivision thereof, locality, or place, or to any prescribed class or description of boiling down works, slaughter-houses, butchers' shops, small goods shops, or vehicles, or other places, or otherwise as is prescribed. The power to make regulations with respect to any matter shall include power to make regulations under this section prohibiting that matter either generally or to meet particular cases. The power to make regulations under this Act ~ hall include power to repeal, amend, or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act. (2.) Regulations may be made under this Act at any time after the passing hereof. 26. (I). Every Proclamation, Order III Council, Publication and regulation made under this Aet shall- . ~ to; : ' o~ ~ : : ; (a) Be published in the Gazette; in Council, regulations, &c. (b) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;

276 STOCK. Slaughtering Act. 15 GEO. VI. No. 9, (c) Take effect from the date of such publication, unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (d) Be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before Parliament disallowing such Proclamation, Order in Council, or regulation or part thereof, that Proclamation, Order in Council, or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council, or regulation. (3.) In this section the term" sitting days" means days upon which the House actually sits for the despatch of business. [Section 6 (1).] SCHEDULE 1. LIST OF DISEASES IN STOOK OR MEAT. Abscesses Malignant Oedema Actinobacillosis Mastitis Actinomycosis Anthrax Blackleg Contagious Pneumonia of Swine Neoplasms Parasitic Cysts Pleuro Pneumonia Contagiosa Pyaemia Emaciation Salmonellosis Fascioliasis Septicaemia Fever Swine Fever Foot and Mouth Disease Tick Fever Jaundice Tuberculosis Leptospirosis

1951. STOCK. Slaughtering Act. 277 SCHEDULE Il. DECLARATION BY INSPECTOR ON HIS ApPOINTMENT. [Section 7 (4).] I [name in full], having boon appointed inspector under" The Slaughtering Act of 1951," at [or in and for the district, or districts, of ], do hereby solemnly and sincerely declare that I will carefully and diligently make all necessary examinations and inspections under the said Act and the regulations made under it, and will honestly and to the best of my skill and ability and without fear, favour, or affection make all orders required to be made in the proper execution of my powers and duties .as such inspector; and I make this solemn declaration, etc. [Signature.] Inspector. Declared before me at this day of in the State of Queensland, ,19 A.B., J.P. SCHEDULE Ill. CERTIFICATE OF EXPERT OR ANALYST. [Section S (3).] To [name of inspector]. I, the undersigned, do hereby certify that I received on the day of from [name of inspector] a sample of meat or as the case may be [or water] for examination [or analysis], and have examined [or analysed] the same, and declare the result of my examination [or analysis] to be as follows:- [Insert particulars of examination or analysis.] I am of opinion that [state whether or no any change has taken place in the constitution of the article which would interfere with the examination or analysis]. I am of opinion that [state whether sample does or does not contain foreign ingredients or is or is not sound and of good quality or is or is not diseased, etc.]. Dated at the day of ,19 . A.B" Analyst [or Expert].