South Australian Meat Corporation Act 1936 (SA)
South Australia
South Australian Meat Corporation Act 1936
An Act to consolidate the law relating to the Metropolitan and Export Abattoirs, and for other purposes.
Contents
Part 1—Preliminary
1 Short title and commencement
3 Interpretation
Part 2—The South Australian Meat Corporation
9 Corporation
10 Powers of Corporation
11 Property
13 Dissolution of Corporation
25 Delegation
27 Receipt of fees, penalties etc
49 Duty of Corporation as to fees and charges
51 Power of Corporation to deal in stock
Part 4—Abattoirs
68 Erection of abattoirs
69 Letting of land for hide and skin market
74 Time when abattoirs available
82 Exclusive right of Corporation to slaughter stock
91 Corporation may deliver meat
91A Lien on stock or meat for charges owing to Corporation
92 Blood etc to be rendered merchantable
Part 5—Markets for stock
94 Establishment of markets
96A Power of Corporation to establish stores
96B Power of Corporation to treat meat
Part 9—Miscellaneous
117 Presumption of knowledge
118 Recovery of charges
120 Hearing of complaints and informations
121 Legal proceedings, in whose name
122 Authority
123 Proof
124 Contents of books may be proved by certified copies
125 Service of notices etc upon Corporation
126 Service of notices
127 Proof of service
128 Authentication of certain documents
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title and commencement
This Act may be cited as the South Australian Meat Corporation Act 1936 and shall come into operation on a day to be fixed by the Governor by proclamation.
3—Interpretation
In this Act—
Corporation means the South Australian Meat Corporation;
secretary means the person nominated as secretary of the Corporation by the Minister.
Part 2—The South Australian Meat Corporation
9—Corporation
The powers and functions of the Corporation are vested in, and exercisable by, the Minister.
10—Powers of Corporation
The Corporation has the same powers as a natural person of full age and capacity.
11—Property
The Corporation holds its property for and on behalf of the Crown.
13—Dissolution of Corporation
(1)The Governor may, by proclamation—
(a)dissolve the Corporation; and
(b)vest any of its remaining assets and liabilities in an authority or person nominated in the same or a later proclamation.
(2)Assets and liabilities remaining after dissolution of the Corporation, and disposition of its assets and liabilities under subsection (1), vest in the Crown.
(3)After dissolution of the Corporation, any statutory powers that might have been exercised by the Corporation if it had continued in existence are exercisable by the Minister.
25—Delegation
(1)The Corporation may by writing under its seal delegate to any person any of its powers, functions or duties under this Act (except this power of delegation) so that the delegated powers, functions or duties may be exercised or performed by the delegate with respect to the matters or class of matters specified, or the place or locality defined, in the instrument of delegation.
(2)A delegation under subsection (1) of this section is revocable in writing, under the seal of the Corporation, at will and no delegation shall prevent the exercise or performance by the Corporation of any of its powers, functions or duties.
27—Receipt of fees, penalties etc
(1)The Corporation shall receive and recover all fees, dues, and charges, prescribed or otherwise, payable under this Act or under any regulations made in pursuance of the powers herein contained.
(2)The receipt of the secretary or other person duly authorised by the Corporation for the purpose shall be a sufficient discharge for the moneys received, and all penalties under this Act and the regulations shall, when recovered, be paid to the Corporation.
49—Duty of Corporation as to fees and charges
The Corporation shall impose and collect such fees and charges for slaughtering and other services performed by it, as will ensure that it will have sufficient revenue to pay, in addition to all other amounts payable by it, the amounts due under the debentures issued under this Act.
51—Power of Corporation to deal in stock
The Corporation may buy and sell stock, carcasses, and meat, but shall not sell any meat by retail.
Part 4—Abattoirs
68—Erection of abattoirs
The Corporation may—
(a)erect and establish abattoirs on land to be acquired:
(b)in connection therewith make, establish, and erect all such railway sidings, buildings, works, cool storage, plant and machinery, and all other erections, fixtures, fittings, and other works as the Corporation, for the time being, considers necessary, and from time to time, alter, remove, and extend the same.
69—Letting of land for hide and skin market
The Corporation may let, upon lease or otherwise, any portion of its lands, buildings, plant or other property at such rent, for such term, and upon such conditions as it shall think fit.
74—Time when abattoirs available
For the purposes of this Act the abattoirs of the Corporation shall be deemed to be available for slaughtering stock at all times except times during which the Corporation by public notice declares the abattoirs to be closed to the slaughtering of stock.
82—Exclusive right of Corporation to slaughter stock
Notwithstanding anything contained in this Act, the Corporation shall have the exclusive right to slaughter stock at the abattoirs, and may charge such fees for slaughtering and other services as it thinks fit.
91—Corporation may deliver meat
(1)The Corporation may deliver meat of stock slaughtered at the abattoirs to the owners, and may make such charges for the delivery thereof as it may think fit.
91A—Lien on stock or meat for charges owing to Corporation
The Corporation has a lien on all stock and meat of an owner for the time being in the possession or control, or on the property, of the Corporation for charges owed by the owner to the Corporation in respect of services rendered by the Corporation whether in relation to that stock or meat or otherwise.
92—Blood etc to be rendered merchantable
The Corporation shall cause all by-products to be treated and rendered merchantable by means of desiccators, digesters, or such other means as the Corporation thinks fit.
Part 5—Markets for stock
94—Establishment of markets
The Corporation may—
(a)erect and establish markets for the sale of stock on land to be acquired, together with all such railway sidings, buildings, pens, yards, races, plant, works, machinery, and appurtenances as the Corporation considers necessary:
(b)from time to time alter, remove, and extend the same.
96A—Power of Corporation to establish stores
The Corporation may erect and establish stores and provide storage for fruit or other perishable commodities of any kind and may make such charges for storage as are prescribed by regulation or determined by the Corporation.
96B—Power of Corporation to treat meat
The Corporation may treat meat by canning, dehydration or other process and may erect and provide any buildings and plant necessary for such treatment and may make such charges for such treatment as are prescribed by regulation or determined by the Corporation.
Part 9—Miscellaneous
117—Presumption of knowledge
Whenever in any proceedings for a penalty in respect of any offence against this Act knowledge on the part of the defendant must be shown, such knowledge shall be presumed until the contrary is proved.
118—Recovery of charges
If default be made by any person in the payment of any fees, dues, tolls, or charges, the Corporation, or any person authorised by the Corporation, or the secretary, may, at any time after such default, recover the same by action in any court of competent jurisdiction or by complaint before any court of summary jurisdiction, or by distress upon any property at the abattoirs or the markets for stock respectively belonging to the defaulter in like manner as in the case of rent in arrear.
120—Hearing of complaints and informations
(1)All complaints and informations shall be heard and determined in a summary way.
(2)All penalties when recovered shall be paid to the Corporation.
121—Legal proceedings, in whose name
All complaints, informations, and legal proceedings may be preferred, prosecuted, or defended in the name of the Corporation, or of the secretary.
122—Authority
All proceedings shall be instituted by the authority of the Corporation or the secretary. Every such authority may be either general or particular, and may be proved by the production of any writing purporting to be under the hand of the secretary.
123—Proof
(1)It shall not be necessary in any legal proceedings to prove the existence or constitution of the Corporation or the appointment of the secretary.
124—Contents of books may be proved by certified copies
Copies of or extracts from any book sealed with the seal of the Corporation and certified by the secretary to be true copies of or extracts from such book, shall be received as sufficient evidence in all courts and before all justices and tribunals of the contents of such book, or of so much thereof as such extracts contain.
125—Service of notices etc upon Corporation
Any notice, summons, writ, or legal process whatsoever, civil or criminal, may be served upon the Corporation, by leaving the same at the principal office of the Corporation with some officer or servant of the Corporation.
126—Service of notices
(1)Every notice by this Act required to be given by or to the Corporation shall be in writing, and signed by some duly authorised person; and such notice shall be deemed to have been duly given if left at the office or principal office of the Corporation, authority, or person to whom the same is intended to be given, or the last known place of abode in South Australia of such person, or if posted in a prepaid registered letter, addressed to the Corporation, authority, or person, at its or his office or principal office, or at the last known place of abode in South Australia of such person.
(2)If such notice is so posted, it shall be deemed to have been given at the last moment of the day on which the same ought to be delivered at such office, or principal office, or such place of abode, in the ordinary course of post.
127—Proof of service
Whenever it is necessary, on the hearing of any information for any offence against the provisions of this Act, or against any regulation hereunder, to prove service of any notice, an affidavit of the service of such notice, sworn before a commissioner for taking affidavits in the Supreme Court, or a declaration of such service made before a justice shall be sufficient proof of such service.
128—Authentication of certain documents
Every order, summons, notice, or other such document requiring to be authenticated by the Corporation may, except when otherwise provided, be sufficiently authenticated without the common seal of the Corporation, if signed by a member of the Corporation.
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or and Export Abattoirs Act 1936
Repeal of Act
The South Australian Meat Corporation Act 1936 was repealed by s 125 of the Statutes Amendment and Repeal (Simplify) Act 2017 on 15.3.2017.
Legislation repealed by principal Act
The South Australian Meat Corporation Act 1936 repealed the following:
Abattoirs Act 1930
The Metropolitan Abattoirs Act 1908
The Metropolitan Abattoirs Act Amendment Act 1910
The Metropolitan Abattoirs Act Further Amendment Act 1911
The Metropolitan Abattoirs Act Further Amendment Act 1912
The Metropolitan Abattoirs Act Further Amendment Act 1914
Metropolitan Abattoirs Act Further Amendment Act 1916
Metropolitan Abattoirs Act Further Amendment Act 1927
Metropolitan and Export Abattoirs Act 1933
Metropolitan and Export Abattoirs Amendment Act 1936
Principal Act and amendments
Year No Title Assent Commencement 1936 2291 Metropolitan and Export Abattoirs Act 1936 8.10.1936 1.4.1937 (Gazette 25.3.1937 p646) 1937 2373 Metropolitan and Export Abattoirs Act Amendment Act 1937 15.12.1937 15.12.1937 1945 43 Metropolitan and Export Abattoirs Act Amendment Act 1945 24.1.1946 24.1.1946 1948 17 Metropolitan and Export Abattoirs Act Amendment Act 1948 23.9.1948 23.9.1948 1952 24 Metropolitan and Export Abattoirs Act Amendment Act 1952 13.11.1952 13.11.1952 1954 58 Metropolitan and Export Abattoirs Act Amendment Act 1954 23.12.1954 23.12.1954 1955 48 Metropolitan and Export Abattoirs Act Amendment Act 1955 8.12.1955 8.12.1955 1956 20 Metropolitan and Export Abattoirs Act Amendment Act 1956 8.11.1956 6.2.1957 (Gazette 24.1.1957 p94) 1957 15 Metropolitan and Export Abattoirs Act Amendment Act 1957 24.10.1957 24.10.1957 1958 10 Metropolitan and Export Abattoirs Act Amendment Act 1958 16.10.1958 16.10.1958 1962 10 Metropolitan and Export Abattoirs Act Amendment Act 1962 18.10.1962 18.10.1962 1964 39 Metropolitan and Export Abattoirs Act Amendment Act 1964 22.10.1964 22.10.1964 1972 99 Metropolitan and Export Abattoirs Act Amendment Act 1972 9.11.1972 9.11.1972 (Gazette 9.11.1972 p2254) 1974 21 South Australian Meat Corporation Act Amendment Act 1974 11.4.1974 11.4.1974 1976 100 South Australian Meat Corporation Act Amendment Act 1976 16.12.1976 9.3.1977 (Gazette 3.3.1977 p591) 1977 12 South Australian Meat Corporation Act Amendment Act 1977 5.5.1977 9.3.1977: s 2 1980 28 South Australian Meat Corporation Act Amendment Act 1980 17.4.1980 12.2.1981 (Gazette 12.2.1981 p360) 1981 27 South Australian Meat Corporation Act Amendment Act 1981 19.3.1981 1.7.1980: s 2 1983 71 South Australian Meat Corporation Act Amendment Act 1983 3.11.1983 3.11.1983 1996 16 South Australian Meat Corporation (Sale of Assets) Act 1996 24.4.1996 Sch (para (h))—23.5.1996 (Gazette 23.5.1996 p2534) and Sch (paras (a)—(g) and (i)—(k))—10.4.1997 (Gazette 10.4.1997 p1456) 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 10 of The Public General Acts of South Australia 1837-1975 at page 270.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 1 s 2 amended by 100/1976 s 3 9.3.1977 amended by 28/1980 s 3 12.2.1981 deleted by 16/1996 Sch para (a) 10.4.1997 s 3 amended by 100/1976 s 4 9.3.1977 amended by 28/1980 s 4 12.2.1981 substituted by 16/1996 Sch para (b) 10.4.1997 s 4 omitted under Legislation Revision and Publication Act 2002 s 5 deleted by 28/1980 s 5 12.2.1981 heading preceding s 6 deleted by 28/1980 s 5 12.2.1981 s 6 amended by 100/1976 s 5 9.3.1977 deleted by 28/1980 s 5 12.2.1981 ss 7 and 8 deleted by 28/1980 s 5 12.2.1981 Pt 2 s 9 amended by 27/1981 s 3 1.7.1980 substituted by 16/1996 Sch para (c) 10.4.1997 ss 10 and 11 substituted by 16/1996 Sch para (c) 10.4.1997 s 12 deleted by 16/1996 Sch para (c) 10.4.1997 s 13 substituted by 16/1996 Sch para (c) 10.4.1997 ss 14—24 deleted by 16/1996 Sch para (c) 10.4.1997 s 26 deleted by 16/1996 Sch para (d) 10.4.1997 s 28 amended by 28/1980 s 6 12.2.1981 deleted by 16/1996 Sch para (e) 10.4.1997 s 29 deleted by 16/1996 Sch para (e) 10.4.1997 s 29A deleted by 28/1980 s 7 12.2.1981 ss 30 and 31 deleted by 16/1996 Sch para (e) 10.4.1997 s 33 substituted by 71/1983 s 2 3.11.1983 deleted by 16/1996 Sch para (e) 10.4.1997 s 36 deleted by 16/1996 Sch para (e) 10.4.1997 ss 38—40 deleted by 16/1996 Sch para (e) 10.4.1997 s 41 amended by 100/1976 s 6 9.3.1977 deleted by 16/1996 Sch para (e) 10.4.1997 s 42 deleted by 16/1996 Sch para (e) 10.4.1997 s 43 amended by 100/1976 s 7 9.3.1977 deleted by 16/1996 Sch para (e) 10.4.1997 s 44 amended by 100/1976 s 8 9.3.1977 deleted by 16/1996 Sch para (e) 10.4.1997 s 45 amended by 100/1976 s 9 9.3.1977 deleted by 16/1996 Sch para (e) 10.4.1997 ss 46—48 deleted by 16/1996 Sch para (e) 10.4.1997 ss 50 and 50A deleted by 28/1980 s 8 12.2.1981 s 52 deleted by 16/1996 Sch para (f) 10.4.1997 heading preceding s 52A deleted by 28/1980 s 9 12.2.1981 s 52A amended by 100/1976 s 10 9.3.1977 deleted by 28/1980 s 9 12.2.1981 Pt 3 amended by 28/1980 s 10 12.2.1981 amended by 27/1981 s 4 1.7.1980 amended by 71/1983 s 3 3.11.1983 deleted by 16/1996 Sch para (g) 10.4.1997 Pt 4 s 69 amended by 16/1996 Sch para (h) 23.5.1996 ss 70 and 70A deleted by 28/1980 s 11 12.2.1981 ss 72 and 73 deleted by 28/1980 s 11 12.2.1981 ss 75—77A deleted by 28/1980 s 12 12.2.1981 s 78 amended by 100/1976 s 11 9.3.1977 deleted by 28/1980 s 12 12.2.1981 ss 78A—81 deleted by 28/1980 s 12 12.2.1981 ss 83—90 deleted by 28/1980 s 13 12.2.1981 s 91 s 91(1) amended by 28/1980 s 14 12.2.1981 s 91(2) deleted by 71/1983 s 4 3.11.1983 s 91A inserted by 71/1983 s 5 3.11.1983 s 93 deleted by 28/1980 s 15 12.2.1981 Pt 4A inserted by 100/1976 s 12 9.3.1977 amended by 12/1977 s 3 9.3.1977 amended by 28/1980 s 16 12.2.1981 deleted by 16/1996 Sch para (i) 10.4.1997 Pt 5 ss 95 and 96 deleted by 28/1980 s 17 12.2.1981 Pt 6 amended by 28/1980 s 18 12.2.1981 deleted by 16/1996 Sch para (j) 10.4.1997 Pt 7 deleted by 28/1980 s 19 12.2.1981 Pt 8 amended by 28/1980 ss 20—22 12.2.1981 deleted by 16/1996 Sch para (k) 10.4.1997 Pt 9 ss 115 and 116 deleted by 28/1980 s 23 12.2.1981 s 118 amended by 28/1980 s 24 12.2.1981 s 119 amended by 100/1976 s 13 9.3.1977 deleted by 28/1980 s 25 12.2.1981 s 121 amended by 28/1980 s 26 12.2.1981 s 123 s 123(1) amended by 28/1980 s 27(a) 12.2.1981 s 123(2) and (3) deleted by 28/1980 s 27(b) 12.2.1981 s 125 amended by 28/1980 s 28 12.2.1981 s 128 amended by 28/1980 s 29 12.2.1981 Sch 1 omitted under Legislation Revision and Publication Act 2002 Historical versions
Reprint No 1—15.1.1992 Reprint No 2—23.5.1996
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