The Abattoirs Act 1911 (SA)

Case
No judgment structure available for this case.

ANNO SECUNDO

GEORGII V RIEGIS.

A.D. 1911.

No. 1055.

An Act to provide for the Establishment and Control of Abattoirs at places without the Metropolitan Abattoirs Area, and for other purposes.

[Assented to, December 14tlz, 19 11.1

E it Enacted by the Governor of the State of South Australia,

B with the advice and consent of the Parliament thereof, as

follow S

:

PART I.

PART I.

PRELIMINARY L4ND APPLICATION OF ACT.

PART v.--Power

to take Land:

1.

This Act may be cited as " The Abattoirs Act, 19 1 1 ."

Short title.

2.

The provisions of this Act are arranged in Parts as follows:-

Amngement of ~ c t.

Met. Abattoirs Act,

1903, a. 2.

PART I.-Preliminary

and Application of -4ct:

PART I I.

-Abattoirs

Areas and Boards and Officers:

PART

111.-Establishment

of Abattoirs: Expenses and

Revenue:

PART

1v.--Registration of an Abattoir and Effects thereof:

--

2" GEORGII V, No. 1055.

The Abattoirs Act.-1911.

-

PAET

1. 3,

In this Act, and in proceedings taken and regulations made

Interpretation.

under this Act, except where some other meaning is clearly in-

Ibid.. s. 3.

tended --

" Abattoir " means the abattoir of an abattoirs area:

G Abattoirs area " means an abattoirs area proclaimed under this Act, and in case such an area has been extended by Proclama- tion under this Act means the abattoirs area as so extended:

Board " means the Abattoirs Board for the particular abattoirs

area:

" Brand " means any brand, mark, or stamp, and includes any

tag or label bearing any brand, mark, or stamp:

" Carcass" includes the whole or any part of the flesh, wool,

skin, hide, bones, hair, hoofs, and offal of any stock:

Central Board " means the Central Board of Health:

'' Conati tuent Corporations " means the Corporations or Councils of the Municipalities or Districts, or Municipalities and Districts which, or portions of which, are within an abattoirs area:

" Council " means the Council of a Municipality or District:

a Court " means the Magistrate or Justices sitting a t thc hearing of any matter under this Act:

District " has the meaning assigned to that term by the Uistrict Councils Act:

Disease " means the following diseases :-Tuberculosis,

pleuro-

pneumonia, cancer, actinomycosis, anthrax, hydatids, worms of any sort, and other inflammatory bacterial and pam- sitic diseases, and includes advanced pregnancy, recent parturition, and any other defect or infirmity in the condition

of stock or meat which in the opinion of any inspector

renders it unfit for human consumption, and also any other

disease which the Governor by Proclamation declares to be a

disease for the purposes of this A d :

" Diseased " means infected or affected with or by disease:

" Gazette " means The South Australian Gorernmerct Gazette :

Inspector ' means an inspector appointed under this Act:

Justice " means a Justice of the Peace in and for the said State:

a Local government area " means a rmmicipallty or district:

Meat " means the flesh of any slaughtered stock, whether such meat is intended to be consumed within an abattoirs area or not, and whether the same is in its natural state, or has been subjected to any freezing, chilling, salting, or other preserva- tive process:

Minister "

'

2

GEORGII V, No. 1055

The Abattoirs Act .1911.

"Minister" means the Minister of the Crown to whom the administration for the time being of this Act is committed by the Governor:

"Municipality" has the meaning assigned to that term by the

Municipal Corporations Act:

"Prescribed " means prescribed by this Act, or by regulation

under this Act:

Proclamation " means a Proclamation by the Governor published

in the Government Guzette:

Proclaim " or

proclaimed " means proclaim or proclaimed by

Proclamation:

Public notice " means notice by advertisement in the Govern- ment Gazette, and in two newspapers circulating in the par- ticular abattoirs area:

Regulation " means regulation made under this Act:

Small goods " means any article of food prepared either wholly

or in part from small parts of meat:

" Stock " includes cattle, horses, sheep, swine, goats, and all other animals which the Governor from time to time, by Proclamation, declares to be stock for the purposes of this Act:

41'

lS8'*

' 4 The District Councils Act " means " The District Councils Act,

1887 ":

" The Municipal Corporations Act " means

The Municipal No. 497 of 1890.

Corporations Act, 1890 ":

No. 711 of Lb98.

The Health Act " means

The Health Act, 1898":

" This Act " includes regulations made under this Act:

Vehicles" includes every description of cart, wagon, truck,

barrow, carriage, or other conveyance:

A year of tl Board shall be deemed to commence in each calendar year with the day of the year upon which the Proclamation proclaiming the abattoirs area of such Board was published in the Gazette:

.Notwithstanding anything hereinbefore contained, when any Act or a provision of any Act is referred to in this section or elsewhere in this Act such reference shall be deemed to include any Act or any provision of an Act now or hereafter amending or hereafter substituted for such Act or provision, and any Act or provision amending such substituted Act or provision:

Not withstanding anything hereinbef ore contained, when

any 1 ct

is referred to in this section or elsewhere in this Act such reference shall be deemed to include all regulations for the time being in force thereunder. 4. (1) E h m

2" GEORGIf V, No. 1055

The Abattoirs Act .1911.

- - - --

p

p--

PAET I. 4. (1) From the date when an abattoirs area is proclaimed, or

A C ~

in Schedule 2 any area is added to an abattoirs area, the enactrnents mentioned

to apply within

abattoirs area.

in the Schedule shall, to the extent mentioned in such Schedule,

cf. ibid., E. 4.

not apply within such abattoirs area, or such added area, as the

case may be.

(2) Nothing in this section shall affect any liability, forfeiture, or penalty incurred, anv offence committed, or anything done or omitted to be done, bef&e such abattoirs area is proclaimed, or the addition thereto of such added area, as the case may be, nor any 1ega.l proceedings theretofore or thereafter commenced with respect to any such liability, forfeiture, penalty, offence, or thing.

-4cttobeadministered

notwithstanding

8. Notwithstanding anything contained in the Ordinance No. 8

certain AC~E.

of 1847, the Licensed Hawkers Act, 1868," "The Markets

Ibid., 8. 6.

Clauses Act, 1870-71," the District Councils Act, the Municipal Corporations Act, or the Health Act, this Act shall be administered by the Boards of the respective abattoirs areas, and so far as the said Acts or any of them are inconsistent with this Act, the pro- visions of this Act shall prevail.

Application of A C ~.

6. The provisions of this Act shall extend to and have full force

Ibid., E. 6.

and effect within every abattoirs area under this Act.

Exemption of

slaughtering for

7. Nothing in this Act shall operate or be construed to render it

family use.

unlawful for any person to slaughter stock on land or premises in

N.Z. A C ~

38, 1900,

his own occupation in an abattoirs area, for consumption by persons

ea. 3 and 4.

resident thereon or employed by him, or by animals being thereon,

and not for barter or sale:

Provided-

1. That it shall not be lawful to knowingly slaughter or allow to be slaughtered, or to be used for human consumption, or for consumption by any carnivorous or omnivorous animal, any stock which is diseased;

11. That whenever, on the slaughter of any stock, such stock is

found to be diseased, the provisions of section 65 shall

apply; and

nr. That the rights conferred on any person by this section shall not be exercisable if he fails or neglects to keep a faithful record of all stock slaughtered under this section, or at any time fails or neglects to have such record open to in- spectiorl by any inspector of the abattoirs area.

not to apply to abattoir8 area.

8. Nothing in this Act shall apply t o bacon not derived from

A C ~

bacon brought into

swine slaughtered in an abattoirs area, but which is brought into

Met. Ab. Act, 8. 1.

such area from any place outside the same. In this section " bacon " means dried, salted, or smoked flesh of swine, but does not include pickled pork.

PART

The A&rs

Act.1911.

- -

PART

11.

PART 11.

ABATTOIRS AREAS AND BOARDS.

9. (1) An abattoirs area may consist of any continuous area of of what area an

abattoirs area may

territory in the said State situated within one or more local govern- ,,,i,t.

ment areas: Provided that no part of any municipality shall be

included in any abattoirs area unless the whole of such municipality

is so included.

(2) No abattoirs area shall consist, either wholly or in part, of territory situated within the present Legislative Council Central Electoral District.

(3) No petition under section 10 shall be valid unless the territory therein defined is in accordance with this section.

10. (1) Subject to section 9, a petition may be presented to the Peti,ionfarpmolsma.

mayor of any municipality praying that a poll be taken on the ation of an abattoirs

area.

question whether or not such municipality, or such municipality and any other territory defined in the petition, shall be proclaimed an abattoirs area.

(2) Subject as aforesaid, a petition may be presented to the chairman of the council of any district praying that a poll be taken on the question whether or not such district, or such district and any other territory defined in the petition, or any part of such district defined in the petition, or any part of such district so defined and any other territory also so defined, shall be proclaimed an abattoirs area.

(3) No petition under this section shall be valid unless signed by at lea& fifty ratepayers assessed in respect of property within the municipality, or the district or part of a district, to the mayor or chairman of which it is presented; and where the territory defined in the petition is situated partly in one local government area and partly within another or other local government areas, no poll shall be taken pursuant thereto, unle~s valid petitions with tbe same prayer

have been presented to the mayors or chairmen of all the mid local

government areas.

11. (1) Subject to section 10, when a valid petition has been ~ o l ~ o u q u e ~ t i o n

presented thereunder the council of the municipality or district shall, prm,aimd.

a hether area tc be

within twenty-eight days after the presentation of such petition cause a poll to be taken of the ratepayers assessed in respect of' property within the municipality, dietrict, or part of a district, on the

question mentioned in such petition.

-

(2) Such poll dmll be taken in the manner provided by the

Municipal Corporations -4ct (if in a municipality) or the District Councils Act (if in a district) for taking a poll on the question whether or not a loan is to be incurred; and the provisions of the Municipal Corporations Act (it' the poll is taken in a muni- cipahty) or the District Councils Act (if it is taken in a district) a43 to a poll on the last-mentioned question, varied, if necessary, to suit the circumstances of the case, and in particular to meet tbe circiun- stances of a case where the poll is of the ratepayers of part only of a district, shall apply to the poll taken under this section.

(3) Whmemr

2b GBORGII V, No. 1055

The Abattoirs Act .1911,

PART 11.

(3) Whenever a poll has been taken under this section the returil. in6 officer who preided thereat shall, by certificate signed by him, report the result thereof to the Minister, who shall publish such cer. - &ate in the Gazette.

(4) The Gazette containing such certificate shall, after one month from the publication thereof, be conclusive evidence of the validity of the poll and all matters preliminary thereto and of the result thereof.

If poll favorable am

12, (1) If the result of the poll, or the resiilts of all the polls

may be proclaimed.

where more than one is required by this Act to be taken on the same question, is or are in favor of the abattoirs area being pro- claimed, the Governor may, subject to section 13. proclaim such abattoirs area and define the boundaries thereof, and thereupon such area shall become and be an abattoirs area.

(2) The Gazette containing a Proclamation under this section shall, after one month from the publication thereof, be conclusive evidence of the matters stated in the Proclamation and of the validity of the Proclamation and all matters preliminary thereto.

Provisions tor Board

for an area.

13. (1) Where an abattoirs area consists of one municipality or

the whole of one district, and comprises no other territory, the mayor, aldermen (if any), and councillors thereof (if a municipality), or the councillors thereof, including the chairman (if a district), shall be the members of the Board.

(2) In any other case the abattoirs area shall not be proclaimed until evidence has been furnished, to the satisfaction of the Minister, showing that arrangements have been made by the council of the district, part of which is to be the abattoirs area, or between the councils of the various local government areas, which are to be

wholly or partly contained within the abattoi~

S area, as to-

I. The constitution of the Board and the appointment or elec-

tion of the members thereof; and

11. All financial matters connected with the abattoir proposed to

be erected or used for the purposes of such abattoirs area,

and with the execution of this Act within such area;

nor unless such arrangements are in his opinion satisfactory.

(3) In any such case as mentioned in subsection (2) of this section the arrangements thereip referred to shall be stated in the Proclamation whereby the abattoirs area is proclaimed.

Petition Mr extension

of area.

14. (1) A petition may be presented to the mayor of any muni- cipality which is contiguous to an existing abattoirs area, praying that a poll be taken on the question whether or not such abattoirs area shall be extended so as to include such municipality.

(2) A petition may be presented to the chairman of the council of any district which is contiguous to an existing abattoirs area, praying that a poll be'taken on the question whether or not such

abattoirs

2' CEORGII V, h.

1055.

The At~ttok8

Ad.-1911.

abattoirs area shall be extended so as to include such district. or

any part thereof which is contiguous to such abattoirs area.

No petition under this section shall be valid unless signed by at east twenty ratepayers assessed in respect of property within the municipality, district, or part of a district, to the mayor or chairman of which it is presented.

3

15. (1) When a valid petition has been presented under the exteasion

Po~onn~-t ionof

of area.

next preceding section the council of the muaicipditp' or district shall cause a poll to be taken of the ratepayers assessed in respect of property within the municipality, district, or part of a district,

*

on the question mentioned in such petition.

(2) All the provisions of subsections (%h

(31, and (4) of section

11 shall apply to su6h poll and the subsequent proceedings.

favor of the abattoirs area being extended sc? as to include the ing an area.

16, (1) If the result of the poll taken under section 16 is in Pro(:lamstit)~ exread-

municipality, district, or part of a district in question, the Governor may proclaim that such area is extended accordingly, and there- upon such municipality, district, or part shall become and be part of such abattoirs area: Provided that no Proclamation shall be made under this section until evidence has been furnished to the

satisfaction of

the Minister showing-

I. That the Board of the existing abattoirs area concerned has

consented to the proposed extension; and

11. That arrangements, which in the Minister's opinion are satis-

factory, have been made as to-

(a) The constitution of

the Board and the appointment

or election of its members t and

(b) All financial matters connected with the abattoir of

the abattoirs area, and with the execution of

this

Act within such area-

after the proposed extension is effeoted.

(2) Any Proclamation made under this section shall state the matters referred to in subdivisions I. and 11. of subsection (l)

hereof.

I

(3) Subsection (2) of section 12 shall apply to the Gazette con-

taining a Proclamation under this eection.

17. (1) Any two or more abattoirs areas may be amalgamated M e m a t i o n of

by Proclamation upon petitions in that behalf being separately arm&

presented to the Minister by the Boards of the respective

areas which it is proposed to amalgamate, and upon the publication

of such Proclamation the said abattoirs arean &all become and be

an abattoirs area: Provided that no Proclamation shall be made

under this section until evidence has been furnished to the =tie

faotion of the Minister, showing-.

I. That the Boards of the several areas have agreed to the

amalgamation:

n. The

2" GEORGII V, No. 1055.

The Abattoirs Act .1911.

~ A B T

XI.

--

xi. The terms and conditions upon and subject to which such Boards have agreed to the amalgamation, including agree- ment as to the positiou of the abattoir to be used for the amalgamated area: and

I r 1.

That arrangements, which in the Minister's opinion are satis- factory, have been made as to-

( a ) The constitution of

the Board and the appointment

or election of its members; and

( b ) All financial matters connected with the amalgama-

tion, with the abattoir of

the abattoirs area, and

with the execution of this Act within such area-

after the amalgamation is effected.

(2) Any Proclamation made under this section shall state the matters referred to in subdivisions I., I I ., and 1 1

I. of

subsection (1)

hereof.

(3) Subsection (2) of section 12 shall apply to the Gwetle con- taining a Proclamation under this section.

Variation of

Yroclomstion.

18. (1) The Governor may by Proclamation annul or vary any of the terms and conditions and arrangements stated in any Proclamation made under section 12, 16, or 17, or add to such terms, conditions, and arrangements, upon evidence being supplied, to the satisfaction of the Miniater, that the councils of the local government areas wholly or partly included in the abattoirs area have agreed upon such annulment: variation, or addition.

(2) Subsection (2) of section 12 shall apply to the Gazette con- taining a Proclamation under this section.

Board chartzed with

execution of the Act.

19. The Board of an abattoirs area shall be charged with the

Met. Ab. Act, a. 9.

execution of

this Act in such area. .

Bomd to be a body

corporate.

20. (1) The Board of an abattoirs area shall be a body and shall be designated by the name stated in that. behalf in the Proclamation whereby euch area is proclaimed.

Ibid., a. 10.

corporate and shall have perpetual succession and a common seal,

.

(2) Such name shall be a part 01' the common seal of the Board.

(3) The Board by its corporate name may purchase, take, receive, accept, hold, acquire, and possess lands, tenements, and hereditaments (for any freehold estate or for any term of years or otherwise), and goods and chattels, and may grant, sell, convey, transfer, demise, assign, or otherwiee dispose of the same, and may arbitrate or sue, implead, and answer and be sued, impleaded, and answered m all Courts and before all Judges, Magistrates, and arbitrators whom- soever, in all actions, pleas, euits, disputes, causes, and matters whatsoever, and do and exercise all such further acts and powers as may be done and exercised by virtue of the incorporation, or

as are by this Act authorised to be done and exercised.

(4) All

z0 GEORGII V, No. 1055.

The Abattoirs Ad.-1911.

(4) All Courts, Judges, and persons acting judicially shall take

judicial notice of such seal when affixed to any instrument, and

shall presume that the same was properly affixed thereto.

PART'

11.

21. (1) At the first meeting of a Board held during each year El ection of chairman

of such Board, the members present shall elect one of the members and term of office.

to be chairman of such Board for such year.

(2) Any chairman shall be eligible for re-election, and in any case shall hold office until his successor is elected.

22. (1) The chairman, if present, shall preside at all meetings of Chairman to pre~ide.

a Board. In the absence of the chairman from any meeting or part thereof the members present may elect one of their number to pre- side as acting chairman during such absence.

(2) The chairman or acting chairman shall have a casting vote

only.

23. Each member of an Abattoirs Board may be paid out of the Remuneration of

funds of the Board by way of remuneration for his services such members of Board.

Met. Ab. Act, a. 11

(if any) reasonable fees, not being more than One Pound for any

meeting or more than Twenty-six Pounds in any year, as are fixed - -

by regdation made by such Board.

24. The appointment of any member of a council as a member Appohtment of

member of council as

of a Board shall not disqualify such member from continuing a mem~,,of B~~~~~~~

member of such council, anything to the contrary contained in any to disqualify him aa a

councrlior.

Act of Parliament notwithstanding.

Ibid., 0. 12.

25. Notwithstanding mything in this Act, the seat of a member vacancies, how

caused.

of

a Board shall become vacant on-

Ibid., 8. 15 (6).

(a) The death, lunacy, or insolvency of the member, or the

execution by the member of a statutory deed of assign-

ment for the benefit of his creditors, or compounding

with his creditors for less than Twenty Shillings in the

Pound, or the conviction of the member for an indictable offence:

( 6 ) Resignation by notice in writing, posted or delivered to the

l

chairman of

the Board:

'

(c) .4bsence of the member from three coirsecutive meetings of

the Board without leave of the Board.

officeof

26. (1) The first members of a Board shall hold office for the

members of a Board,

first year of

such Board.

Cf. D.C. Act. 188i. 8.

60, and D.c.' Act '

(2) At the end of every year of a Board which is constituted of an evw number of members, half of the members shall retire.

1904, .. 21.

(3) At the end of every year of a Board which is constituted of

an uneven number of members, the majority and minority shall

retire alternately. (4) The

B-lCb5.

2" GEORGII V, No. 1055.

The Abattoirs Act.1911.

YAET 11.

(4) The members to retire shall be those who have been longest in office without re-election or reappointment, and when the number cannot thus be made up or decided, lots shall be drawn between those who have been an equal time in office without re- election or reappointment to decide which of them shall retire, and the retirement shall take place accordingly.

(5) In this section " majority " means the integer nearest to, but more than, half the total number of members, and '' minority " means the integer nearest to, but less than, half the total number of members.

(6) Members of a Board shall hold office until the election of their

successors, and on the expiration of their terms of office shall be

eligible for re-election or reappointment.

Meetings of Board-

27. (1) A Board shall meet for the dispatch of business at such places and a t such times, not being less than once in every six weeks, as the Board from time to time determines. The chairman, in case of emergency, may call a meeting of the Board; and a special meet- ing shall be held at any time on requisition in writing signed by not less than three members of the Board delivered to the secretary thereof.

m.

b. A C ~,

8 .26

Notice of meeting6 to

(2) Three days' notice of

any ordinary meeting and previous notice

be given.

of any special or emergency meeting, signed by the secretary, shall be sent t,o each member of the Board before the time appointed for such meeting; and such notice shall in all cases of special or emer- gency meetings state the time, place, and business of such meeting.

Power to appoint

committees.

28. A Board may, from time to time, appoint a committee or

Ibid., a. 27.

committees of its members, and may delegate to any such committee

such of its powers and duties under this Act as it thinks fit.

Defecta in appoint-

ment not to invalidate

29. No act or proceeding of a Board shall be invalidated or

of Board. illegal in consequence only of the number of the members of the

Ibid., a. 28.

Board not being complete a t the time ot such act or proceeding; and all acts or proceedings of the Board shall, notwithstanding the sub- sequent discovery of any defect in the appointment or election of any member thereof, or that any member was disqu:~lified or disentitled to act, be as valid as if such person had been duly appointed or elected and was qualified to be and to act and vote as a member of the Board, and as if the Board had been fully constituted.

Board shall receive

fees, penaltiee, &c.

30. A Board shall receive and recover all fees, due^, and charges,

prescribed or otherwise, in respect of anything done or the omission

Ibid., s. 20.

of anything in the abattoirs area of such Board, which are payable under this-Act or under any regulations made in respect bf -such area in pursuance of the powers herein contained; and the receipt of the secretary or other person duly authorised by the Board in this behalf shall be a sufficient discharge for the same; and all penalties under this Act for offences committed within such area or under such regullrtions shall, when recovered, be paid over to such Board. 32. (1) The

2' CEORGII V, No. 1055.

11

Thehe

Abattoirs Act.--191 1.

31. (1) The Board of an abattoirs area shall, from time to time, appoint some fit person as secretary and treasurer of such Board, secretuy and

Ire

--

and the person so appointed shall be responsible to the Board for t'OUu*r.

Ibid., E. 13, altered.

the execution of this Act within such area.

(2) Whenever the office of secretary and treasurer becomes vacant the Board shall forthwith make a fresh appointment to the office.

32. ( 1 ) 'The Board of an abattoirs area shall, on being required appoint

Abattoirs

inspectors.

B

tard to

so to do by the Central Board, appoint for such area inspectors Vie. bat, 1662, 1900

approved by the Central Board, and to such number as in the opinion

0. 7,

of the Central Board is necessary for carrying out the duties of

inspectors under this A d.

(2) An inspector appointed for one abattoirs area may also, with

the approval of the Central Board, be appointed for one or more

other abattoirs arms.

(3 ) An inspector may a t any time be removed by the Governor on the recommendation of the Central Board; but no such recom- mendation shall be made unless the Abattoirs Board has first had an opportunity of showing cause to the Central Board why such inspector should not be removed.

(4) The appointment, removal, resignation, or death of any inspector shall forthwith be notified by the Abattoirs Board to the Central Board, and be published by the Abattoirs Board in the Gazette.

33. (1) If any Board does not, within two months after it llas appoint

Central inspectors

Board may

in

been required so to do by the Central Board, appoint an inspector default of Board.

or inspectors for its abattoirs area, the Central Board may appoint Ibid., S. 8.

an inspector or inspectors to the 'equired number for such area,

to hold office until the Abattoirs Board makes the required

appointment or appointments.

(2) Whenever a vacancy occurs in the office of an inspector for an

abattoirs area, the Board thereof may appoint a suitable person as

acting inspector, and in default of such appointment being made

within seven days after the occurrence of such vacancy, the Central Board may make such appointment of acting inspector; and every acting inspector shall, until the appointment of an inspector to fill the vacancy, have and exercise all the powers, duties, and responsi- bilities of an inspector appointed pursuant to this Act.

(3) If

the Central Board appoints an inspector or acting inspector

for an abattoirs area, the Central Board may fix the rate of salary and expenses to be paid by the Board of the abattoirs area to the person so appointed; and such salary and expenses may be recovered from such Board by the person,so appointed in any court of compe- tent jurisdiction.

34. (1) The Board of an abattoirs area shall from time to time Appointment of

appoint some fit person as superintendent of the abattoir of such otheroaarrs.

ruperintendent md

area, and whenever the office of superintendent becomes vacant, the

Board

2& GEORGII V, No. 1055.

The Abattoirs Act.--1911.

11. Board shall forthwith make a fresh appointment to the office. The

N.Z. Act 38, 1900,

superintendent shall be responsible to the Board for the general

i a (1) and (2).

management of

the abattoir.

Met. Ab. Act, e. 21,

altered.

(2) Such Board may also appoint such other officers and servants (not being members of the Board) as they deem necessary for enab- ling the Board to carry into execution the various powers and duties vested in or imposed on it by virtue of this Act, or may join with any other Board or Boards in the appointment of any such officers and servants upon such terms and conditions as are agreed between the Boards concerned.

Payment of salaries.

35. A Board may pay to every person appointed or employed

c f. ibid., B. 22.

by the Board, or by the Board and any other Board or Boards, such allowance, salary, wages, or professional fees as are reasonable and proper, and may pay the premiums on the fidelity and workmen's compensation insurance policies of or in respect of its officers and servants.

Travelling expenses

may be paid.

36. A Board may pay the travelling expenses of members of

the Board or of its officers and servants when engaged on the

Ibid.,

23.

business of the Board.

Execution of deeds

and intruments.

37. Every deed, conveyance, agreement, or instrument which it may be necessary for a Board to execute or sign shall have the

Ibid., a. 26.

seal of the Roard affixed thereto, and be signed by the chairman

and countersigned by the secretary thereof.

Minute-book to be

kept.

38. Every Board shall keep a minute-book in which the pro-

Ibid., s. 27.

ceedings of each meeting of such Board and the business performed thereat shall be entered, and the minutes of each meeting shall be signed by the chairman of that meeting, and be confirmed (if correct) a t the next subsequent meeting of the Board.

cus tod~

of book. and

documents.

39, The custody of the books, journals, records, and all docu-

Ibid., s. 28.

ments whatsoever belonging to a Board shall be in the secretary thereof, who shall not permit any such books, journals, records, or documents to be removed from the office of the Board without the

express leave or order of

the Board or the chairman thereof.

Appointment of

auditors.

40. (1) There shall be two auditors appointed by the Board of

Ibid., E. 29.

any abattoirs area, one of whom shall retire at the end of each year.

(2) Members of the Board and members of the council of any

municipality or district within, or partly within, the abattoirs area

shall not be eligible for appointment as auditors.

(3) The auditors shall be paid such remuneration as the Board thinks fit.

Proper books of

account to be kept.

41. The secretary and treasurer of a Board shall cause to be

Ibid., a. SO.

kept proper books of account for the purpose of entering all sums of money received and paid on behalf of the Board, which books

shall

z6 GEORGIl V, No. 1055.

The Abattoirs Act .1911.

shall a t all times be open to the inspection of the chairman of the

PABT 11. --

Board, any member of the Board, the auditors, and the mayor or chairman of every local government area within or partly within the abattoirs area, and any person appointed for that purpose in writing by any such mayor or chairman.

42, (1) The accounts of

every Board shall be balanced at least ~

;

~

~

~

~

c

~

y

w

once in everv vear of the Board. and be drawn up in such form as and audited.

to distinguish capita from income, with a statement of profit and Ibid., S. 31.

loss for the year, and shall, within thirty days next after the end of each year, be prepared by the secretary of the Board and delivered to the auditors for examination.

(2) The auditors shall carefully examine such accounts and balance-sheet with the books, papers? and vouchers of the Board, and shall cause the same to be corrected or altered whenever found necessary; and, for the purpose of completing such audit, their duties shall continue until such accounts have been duly examined and audited by them, notwithstanding that their successors have been appointed.

moneys received and expended by thtl Board by virtue of and published.

43, After the end of each year of a Board, an account of all Balance-sheet to be

for the purposes of this Act, signed by the chairman and secretary Ibid., 8.33.

of the Board and certified by the auditors, specifying the total Cf.D.C.Act,l887,

sum received from each source of income, and the total revenue S. 62.

during the year, and the total amounts disbursed under each head of expenditure, and the total outlay during the year, made up to the end of the year, shall, within one month after the auditors have certified the same, be published by the Board in at least one news- paper circulating in the abattoirs area and in the Gazette.

PART

I11

PART 111.

ESTABLISHMENT OF AHATTOIHS-EXPENSES

AND

REVENUE.

44, It shall be the duty of the Board of an abattoirs area, within ~ u t y

of Board to

one year after such area has been proclaimed, or within such longer abattoim.

establieh and maintain

period as allowed by the Minister, to establish an abattoir for the cf. S.Z. A C ~

38,1900,

purposes of such area.

so. 6 and 6.

45, No abattoir shall be established under this Act-

approved.

Plans and site to be

I. On any park lands or public reserve ar land subject to the Gid.. 0. 8.

public right of way, nor

8. 16.

cf. M.C. A C ~,

lsoz,

11. Until the plans and specifications and site thereof have been approved by the Minister.

46. (1) The

f4

2' GEORGIf V, No. 1055.

PART

111.

46, (l) The expense of establishing an abattoir for the purposes

Expense of est~blieh- of an abattoirs area, including the expense of acquiring land there-

ing abattoir.

Cf. N.Z. Act 38,1900, for, acquiring or erecting biildings-and appurt&anc&, providing

ss.

and lo, and no plant, arid generally equipping, maintaining, and managing such

Act J6b2.1goo7 S. 14' abattoir, and all moneys payable as compensation under section 57,

( l ) and (2).

shall be defrayed by the council or councils of the local government area or areas included, or partly included, within the abittoirs area.

(2) For the purpose of carrying out the provisions of this section such abattoir, land, buildings, appurtenances, plant, equipment, and compensation (but not the maintenance or management of the abattoir) shall be deemed to be works and undertakings, or permanent works and undertakings, authorised to be carried out by such council or councils under the Municipal Corporations Act or under the District Councils Act (according to the locality); and such council or councils may declare any rates and borrow such money as may be necessary for such purpose after obtaining the consent of ratepayers in the manner provided by the Municipal Corporations Act or the District Councils Act (according to the locality) for obtaining the consent of ratepayers to a special rate: Provided that where part only of a district is included in the abattoirs area the works and undertakings authorised by this Act shall be deemed to be for the benefit of such part only.

Abattoirs need not br

within the area.

47, The Board of an abattoirs area may estahlish an abattoir not establish an abattoir at any place without such area until the consent of the council of the local government area within which such place is situated has been obtained, or, if such consent is not given within one month after a request in writing therefor, or such place is not situated within any local government area, until the consent of the Minister has been obtained, which consent the Minister is hereby in any such case authorised to give: Provided also that the Minister shall not exercise this power, in case the

Cf. N.Z., 38, 1900,

either within or without such area: Provided that the Board shall

S. 14.

consent of such council is not given, until such council has been

afforded a reasonable opportunity of showing why the same should

not be given.

How revenue to be

applied.

48. (1) AU revenue derived by a Board in any year of such

Met.

Board from the abattoir established for its abattoirs area and from

'. "9

other sources, shall, so far as practicable, be expended and disposed

altered.

of by the Board as follows :-

Firstly, in payment of actual expenses:

Secondly, in payment of interest on moneys borrowed by any

council or cour~cils

for the purposes of the abattoir:

Thirdly, in payment of

any amounts the Board considers necessary

for upkeep, maintenance, and repairs of the abattoir and

other works under the control of the Board:

Fourthly, in establishing a sinking fund which shall be sufficient

to repay all moneys expended in plant and machinery within

a

2" GEORGII V, No. 1055.

The Abattoirs Ad .1911.

Y ~ R T

II1.

a period of not more than fifteen years, calculated from the last day of the respective years of the Board in which the respective expenditures take place, and to repay the whole of the said borrowed moneys within a period of not more than forty-two years from the respective dates of the respec- tive borrowings:

Fifthly, in paying the balance of such revenue (which balance shall be considered profits) to the council of the local govern- ment area of which the abattoirs area consists, or, in case such area includes territory beyond one local government area, in dividing the same amongst the constituent cor- porations in accordance with the arrangement for the time being in force pursuant to Proclamation with respect to such area: Provided that the Board may in any year carry one- third of such profits to a reserve fund.

(2) The Board may expend the reserve fund, or any part thereof, in any manner it deems advisable, and may divide the same, as profits, as aforesaid.

(3) The Board shall, for the purposes of this section, determine what are

actual expenses,"

upkeep," " maintenance," "

repairs,"

L' profits,"

plant," and

machinery," and its determination shall be

final and conclusive for all purposes.

(4) The Board may pay out of moneys borrowed by any council or councils for the purpose8 of the abattoir the interest accruing thereon during all or any part of the period of three years after the abattoirs area is proclaimed.

49, Every Board shall invest its sinking fund and its reserve Sinking fllnd.

fund, and any other moneys in its hands which such Board deems it Ibid.,

49.

advisable or expedient to invest, in any Government securities of all or any one or more of the States of the Commonwealth of Aus-

tralia, or upon fixed deposit in any incorporated bank in the State

of South Austrdia, or in or upon any one or more of such invest-

ments. The interest arising from such investments shall respectively be credited to and form part of the respective funds so invested as aforesaid.

50. (1) A Board may pay any of its moneys into any bank in Bankingacdount.

Adelaide or in the abattoirs area and keep the same there on deposit Ibid.)

49.

as may be found convenient, and may, for the purposes of carrying out the provisions of this Act, obtain advances from any bank by overdrafts, either without security, or by pledge of its property, or on other security; but the total amount of such overdrafts shall not Uverdmft8-

at any one time exceed an amount equal to Eight Pounds per centum of the value for the time being of the abattoir and the appurtenances thereof, including the plant and machinery therein or used for the purposes thereof.

(2) No funds shall be withdrawn from any bank except by cheque, signed by the chairman and one other member of the Board, and countersigned by the secretary thereof. PART

- -

2' GEORGII V, No. 1055.

---p-

- -- - --

The

AbattOi~s A d. 1 9 1 l.

PART IV.

REGISTRATION OF ABATTOIR AND EFFECTS

Regetration of

THEREOF.

abattoir.

51. (1) Upon the completion of an abattoir, the Board of the abattoirs area shall, in the manner prescribed by regulation made by the Governor, apply to the Minister for the registration thereof, and he, if satisfied that the requirements of this Act have been duly complied with and if the Central Board consents to the registration of the abattoir, shall in the manner prescribed as aforesaid register such abattoir as the abattoir of such area, and also the Board as the Board controlling the same, and shall issue to such Board a certifi-

N.Z. 38, 1900, s. 12.

Cf. Met. Abattoirs

Act, s. 90.

cate of registration.

(2) I t shall not be necessary for an abattoir so registered to be licensed or registered under the Health Act or the Municipal Cor- porations Act or the District Councils Act, but, subject to this Act, the provisions of the Health Act shall in other respects apply to such abattoir.

Notice that abattoirs

available.

52, Forthwith upon receiving such certificate of registration of notice that such abattoir has been duly registered and will be available for the slaughtering of stock on and after a date to be specified in such notice, being not earlier than fourteen nor later than twenty-eight days after the publication of the latest of the advertisements conetituting such notice; and it shall be the duty of the Board to have such abattoir available accordingly, and thereafter to so maintain it as long as such certificate continues in force.

Ibid., a. 63.

the abattoir the Board shall give not less than thirty days' public

N.Z.

38,1900, S. 13.

All stock to be

slaughtereO at

53. (1) After the date specified in such notice, and while such

abattoirs.

abattoir is available for slaughtering stock no person shall within

Ibid., sa. 17 and 19.

the abattoirs area-

Met. Abattoirs Act,

( a ) Except at such abattoir, slaughter or allow or cause to

8. 54 ( l ),

part.

be slaughtered any stock for sale for human con-

sumption; or

No stock to be

( b ) Except a t such abattoir, dress or allow or cause to be

slaughtered except at

the abattoirs.

dressed any carcass for sale; or

No meat to be sold,

( G ) Sell or attempt to sell or expose for sale, or allow or

etc., except of stock

muse to be sold or exposed for sale, any carcass or

so slaughtered.

meat which-

Unless carcasses

inspected.

I. If slaughtered within the abattoirs area, was not slaughtered at such abattoir, or-

[ I. If

slaughtered without the abattoirs area, the carcass of which (together with the pleura and the peritoneum, lungs, heart, kidneys, tongue, and such other organs as are prescribed, at- tached in natural connection, and, in the case of cows, with the udder also so attached) has not been first brought to the abattoir, and inspected and branded by an inspector, as provided by section 74; or

2" GEORGII V, No. 1055.

( d ) Sell or attempt to sell, or expose for sale, or allow or cause to be sold or exposed for sale the flesh of

PART

IV.

any No flesh of any calf

calf less than twenty-one days old or of less weight days old or vnder less than twenty-one

than forty pounds; and in any prosecution under this fortypoundain weight

provision the onus of proving age shall be on the

to be eold.

defendant; or

I bid (2).

Vict. Act 1652, 1900,

( e ) Slaughter or allow or cause to be daughtered a t such .. 30 (2).

abattoir any sheep or lamb knowing that the carcass New.

thereof is intended to be exported except on the

requesf, in writing, of the Minister controlling the

Government Produce Export Department; or

(f) Export the carcass of any sheep or lamb slaughtered at New

such abattoir except on the request, in writing, of the Minister con trolling the Government Produce Export Department; or

(g) Slaughter or cause or allow to be slaughtered at any Met. b. A C ~

1908,

slaughter-house or abattoir exempted under section 56

S. 64 ( I ), part.

any stock, except for export or for meat to be tinned or cured for export, or for curing as bacon and ham.

Penalty- First offence, Ten Pounds; second offence, Twenty-five

Pounds; and each subsequent offence, Fifty Pounds.

(2) For the purposes of this section the abattoir shall be deemed Ibid. (6).

to be available for slaughtering stock at all times except during such times as the Board by public notice declares such abattoir to be closed against the slaughtering of stock.

(3) Where, in contravention of the provisions of subsection (1) Ibid.

of this section, any person sells or attempts to sell, or exposes for sale, or allows or causes to be sold or exposed for sale the whole or any part of the carcass of any calf, such carcass or part shall be deemed to be a carcass or meat which is subject to the provisions of section 62 of this Act, and may be seized and dealt with as provided in such section.

(4) No person shall be liable to any puniebment for any offence Ibid. (4).

against this section in respect of any meat or carcass, or part of a

carcass, which he proves to the satisfaction of the Court was not

sold or intended to be used for human consumption.

( 5 ) Nothing in this Act shall protect any person who sells or Ibid. (5).

attempts to sell or expose for sale, or allows or causes to be sold or exposed for sale, for human consumption, any carcass or meat -which has become unwholesome after the same has been branded, or any imported meat which is unwholesome.

(6) I t shall not be an offence under this Act to slaughter poultry No offence to

slaughter poultry

in an abattoirs area elsewhere than at the abattoir, or to sell or e18ewhele than at

expose or offer for sale within the abattoirs area any poultry so abattoim-

slaughtered.

Ibid. (7).

54, (1) When one abattoirs area is contiguous to another Al~angementswhere

two area8 are

abattoirs area, the Boards of such areas may agree together that ,,,tiguous.

carcasses and meat slaughtered, or inspected and branded, as re-

quired by section 53 at the abattoir of either of such areas may be

sold in both of

such areas without further inspection or branding.

C-1086

PI In

2' GEORGII V, No. 1055.

The Abattoirs Act.1911.

----.---p - -

PART

IT.

(2) In default of such agreement being made, any butcher cany- ing on business in both the said areas may apply in writing to the Minister for the grant of a permission as hereinafter mentioned; and the Minister may, by writing signed by him, grant permission for such butcher to sell in both of such areas carcasses and meat slaughtered or inspected and branded at the abattoir of either of such areas without further inspection or branding,

(3) Anjthing done in pursuance of an agreement made or per-

mission granted under this section shall be lawful, notwithstanding

any provision of this Act to the contrary.

slaughtered f or export 55. (1) Notwithstanding anything in section 53 it shall be

Sheep and lambs

and rejectedmay be lawful for any person to expose for sale and to sell within an

sold in area if

carcasses inspected

abattoirs area any carcass, or the meat of any carcass, of any sheep

and branded.

or lamb which has been slaughtered for export at any slaughter-

New.

house or abattoir exempted under section 56, or a t premises of the South Australian Government Produce Export Department, and

N ~.

l 6 0 f 1905

has been rejected, if such carcass has been first inspected and

(Commonwealth)-

marked by an officer of Customs under the (Commonwealth) Commerce (Trade Descriptions) Act, 1906, or any Act amending or substituted for that Act, and has been subsequently inspected and branded by an inspector of the Board of such abattoirs area.

Fees for inepection

(2) For the inspection and branding by an inspector of the Board of an abattoirs area of rejected carcasses as mentioned in subsection (7) of this section the owner or occupier or person having the control of an exempted slaughter-house or abattoir, or of premises of the Government Produce Export Department, shall pay to the Board such fee, not exceeding one-eighth of a penny, for every carcass inspected as the Board demands, or, in all cases where the Minister controlling the Government Produce Export Depart- ment and the Board are not satisfied that the sheep or lambs were slaughtered with the bond firla intention of exporting the carcasses

and branding.

thereof, such fee per carcass as is from time to time fixed by the

Board and approved by the said Minister. The fees so payable

shall be paid to t.he Board upon demand, and may be recovered by adion in any Court of competent jurisdiction, or by complaint under the Ordinance No. 6 of 1850, or any Act relating to the duties of Justices of the Peace as to summary proceedings.

private abattoirs

56. (1) On the day specified in the notice given by a Board within the abattoirs area shall be closed by the owner, occupier, or person having the control or management thereof, notwithstanding the fact that a licence in respect thereof has been issued by any corporation or council or by any Board of Health. And after such day specified as aforesaid no corporation or council shall, nor shall any Board of Health, except in such a case as hereafter by this section exempted, issue any licence or licences for the slaughtering

closed.

pursuant to section 52 every private abattoir or slaughter-house

Met.

Act,

56.

of stock within such area: Provided that slaughter-houses and

abattoirs used or intended to be used only for the purpose of

slaughtering

.2' GEORGII V, No. 1055

The Abattoirs Act.-191 l.

slaughtering stook for export, or for meat to be tinned or c a n 4

IV.

for export, or for curing bacon and hams are exempted from the

operaiion of this section.

(2) If

after,notice has been given by a Board pursuant to section

52 the abattoirs area is extended by Proclamation under this Act,

the provisions of this section shall apply within the territory added

by such extension upon the publication of

such Proclamation in the

Gazette.

57. (1) Compensation shall be paid to the owners of all private Compensation to

abattoirs and slaughter-houses within an abattoirs area which are

daughter-

closed by the operation of' section 56, and which were in use Ibid., s. ~ ~.

as abattoirs or slaughter-houses at the time when such area was

proclaimed, or, as regards any territory subsequently added to such

area, at the time of the publication of the Proclamation whereby

the exteilsion of the area is made: Provided tbat-

I. No compensation shall be paid in respect of any abcittoir or slaughter-house which is not suitable for use as such;

11. In estimating the compensation to be paid in respect of any abattoir or slaughter-house a fair deduction shall be made on account of the value of the buildings and equipment thereof for any other purpose; and

11 r. Nothing shall he allowed for goodwill or loss of business.

(2) No claim for compensation shall be considered, nor shall any Claim8 for oompensa-

after the publication in the Gazette of the notice given pursuant to

section 52, or of the Proclamation whereby the extension is made

(as the case may be), the claimant delivers to the secretary of $he

amount be paid in respect thereof, unless within twenty-one days ~ ~ ~ ~ ~ ~ ~ d ~ ~ ~ ~, i t h i n his claim and the premises in respect of which such claim is made.

(3) The Minister shall, as soon as practicable after the publica- Valuer to be appointed

tion of such notice given pursuant to section 32, or o t the Proclama- bp the Government.

tion whereby the extension is made (as the case may be), appoint a valuer to determine all claims for compensation made in accordance with this section in respect of premises in the abattoirs area, or the

added territory (as the case niay be).

The fees and expenses of such

valuer shall be fixed by the Minister and paid by the Board.

(4) The valuer shall consider and inquire into all claims made as uutiea of valuer.

aforesaid, and shal1:as to each claim determine, by writing under his hand delivered to the Minister, whether any and (if any) what amount kpayable under subsection (1) of this aection in respect thereof.

(5) If any abattoir or slaughter-house in respect of which the val uer to determine

reductions in rent.

valuer determines that compensation is to be paid is let a t the time of the determination, the valuer shall dso determine, by writing under his hand delivered to the Minister, what (if any) reduction ought to be made insthe rent; and the rent accrued or to accrue for

any

2"EORGII

V, No. 1055

Th Abattoirs

Act .1911.

any period after the closing of the abattoir or slaughter-house shall

be reduced accordingly:

Provided that -

I. If any reduction is made under this subsection in the rent of

any premises, the lessor or his successor in title shall be

entitled to cancel the lease, and

11, I n any case the lessee or his successor in title shall be entitled

to surrender the lease and to have the surrender accepted.

No appeal from

(6) Any determination by the valuer under subsectio~i

(4) or (5)

determination.

of this section shall be absolutely final and not subject to any appeal

or to be questioned in any way whatever.

Slaugh termen to be

58, No person shall act or be permitted to act as slaughterman, any abattoirs area unless and until and except so long as he is licensed by the Board of such area. The licence shall be granted for a period of not more than one year, and the fee for a slaughter- man's licence shall not exceed Two Pounds Two Shillings, and for an attendant's or assistant's licence shall not exceed Ten Shillings; and no person under the age of seventeen years shall be licensed as a slaughterman's attendant or assistant: Provided that the Board may employ slaughtermen, attendants, and assistants at the abattoir without licensing them.

licensed by Board.

or as attendant or assistant to any slaughterman, at the abattoir of

Ibid., a. 57.

Penalty, Ten Pounds.

Licence may be

69. (1) Any licence issued under section 58 may be cancelled

cancelled by Board.

by the Board which issued the same if the licensee omits forthwith

Ibid., a. 68.

to report to an inspector of the abattoirs area any case of disease which manifests itself in any stock slaughtered by such licensee, or for incapacity, misconduct, insobriety, or dirty habits.

(2) The secretary of the Board may at any time suspend, until the next meeting of the Board, the operation of the licence of any licensee whom he considers incapable, or guilty of misconduct,

Slaughtermen

insobriety, or dirty habits.

€30.

If

any daughterman employed by the Board discovers any

to report disease

diecovered m etock.

disease in any stock slaughtered by him, and fails forthwith to

Ibid , a. 69.

report the same to an inspector of the a,battoirs area, he may be instantly dismissed by the secretary of the Boar-d, and shall, in addition thereto, be liable to a penalty of Ten Pounds.

Inspection of live-

stock and CarW08.

61. For the purpose of preventing the consumption of meat that

Ibid., S. 60 (part).

is diseased-

r. It shall not bc lawful for any person to slaughter any stock

at the abattoir of an abattoir8 area except with the con-

sent and in the presence of an inspector of such area:

IT. If the carcass of any stock slaughtered a t the abattoir is, after postmortem examination, found t o be diseased, notice thereof in writing shall be given to the owner or his servant or agent, as soon as practicable:

I 11.

Forthwith

2" GEORGH V, No. 1055.

The Abattoirs Act.1911.

PART

IT.

I 11. Forthwith, upon the slaughter of any stock at the abattoir,.

the carcass shall be inspected by an inspector, and no meat shall be moved therefrom unless and until he declares it to be free from disease, or unless as hereafter in this Act provided.

Penalty, Fifty Pounds for each offence.

62. Whenever, on the slaughter of any stock at the abattoir of Mode of dealing witb

an abattoirs area, it is found that such stock is diseased, it shall be

dieeased stock after

the auty of an inspector of the abattoirs area to forthwith cause Ibid.,

61.

the carcass, or such part thereof as such inspector deems advisable, X.Z. 34, 1900, 8.36.

to be burnt or so dealt with that the same cannot be used for con- sumption by human beings or bv carnivorous or omnivorous animals; and the Board shall make sich allowance to the owner of such stock as it considers just in all cases where such carcass is treated by the Board as a by-product.

63. (1) If a majority of the butchers carrying on business in an Compenastion fund

abattoirs area agree to r&e a fund by their own contributions to for cODdemne"tOck*

provide compensation in respsct of the condemnation of the carcasses Ibid.,

of diseased stock or parts thereof, they may submit such agreement

to the Minister for approval.

(2) If the Minister approves of the terms of the agreement, and is satisfied that the subscribers thereto are a majority of the butchers carrying on business in such area, the Governor may by Proclama- tion declare that the agreement shall be binding on all the butchers carrying on business in such area, and such Proclamation shall operate accordingly.

(3) Any contribution payable in respect of such agreement may be recovered from any butcher liable to pay the same by action in any Court of competent jurisdiction, which action may be brought by any other butcher in such area in his own name on behalf of himself and the other butchers in such area.

(4) The Governor may make regulations for carrying the provi-

sions of this section into effect.

64. After the day specified in the notice given pursuant to sec- Pmhibition a g a b ~ t

alaughtaring for

tion 52 with respect to an abattoirs area, no person ehall within such r eeding animals.

area-

Met. b. A C ~,

a.

6.2.

( a ) Keep or use any house or place, except as provided by sec- tion 56 hereof, for the purpose of slaughtering or killing any stock or for boiling down any part of the carcase of any stock for food for carnivorous or omnivorous animals; or

( b ) Feed any carnivorous or omnivorous animal with any part of the carcass of any stock which has not been slaughtered a t the abattoir, whether the same has been boiled down or

not;

or

(c) Sell

22 2TGEORGIl V, No. 1055.

The Abattoirs Act.1911.

p-

--

-

PART IV.

(c) Sell or supply for food for carnivorous or omnivorous animals

any part of the carcaes of any stock not slaughtered at

the abattoir, whether boiled down or not.

Penalty-First

offence, Ten Pounds; each subsequent offence,

Tw

ent y-five

Pounds.

Duty of owners, BC.,

of stock dying.

65. After the day specified in the notice given pursuant to sec- tion 52 with respect to an abattoirs area, the owner or person in charge of any stock which dies within such area, or, except pursuant to section 7, is killed at any place within such area other than at the abattoir, shall, within twenty-four hours from the death or killing of such stock-

Ibid., a. 63.

(a ) Convey the carcass of

such stock to the abattoir to be disposed

. of as an inspector directs; or

( b ) Apply to an inspector of

such area for leave to bury the carcms

of such stock.

If such leave is granted he shall bury the carcass as directed by and under the supervision of an inspector, and if not he shall deal with the carcass under the inspector's supervision, or permit the inspector to deal therewith in such manner as the inspector directs.

Penalty --First offence, Ten Pounds; each subsequent offence,

Twenty-five Pounds.

Carcasses slaughtered

66. (1) The Board of an abattoirs area shall from time to time

to be branded.

cause all carcasses (except carcasses of diseased stock) slaughtered at

Ihid., a. 64.

the abattoir, and the part of any carcass removed therefrom, to be

N.Z. 38, 1900, a. 37.

branded as may appear expedient.

Unbranded carcasses

not to be sold or

(2) Any person who sells or exposes for sale within an abattoirs required by this Act, shall be liable to a penalty of

exposed for sale.

area a carcass or part of a carcass which has not been branded as

Fifty Pounds.

Unlawful branding or

67, Any person who, without being able to give a satisfactory account thereof, affixes or implants, or attempts to affix or implant,

defacing brands.

Met.

Ab. Act, S. 65.

Vic. Act, 1652, 1900,

or causes or allows to be affixed or implanted any brand purporting

P. 33.

to be a brand under this Act upon any carcass or meat, and any person who, without being able tb give a satisfactory account there- of, removes or defaces or attempts to remove or deface, or causes or allows to be removed or defaced any brand placed on a carcass-pur- suant to this Act, shall be liable to a penalty not exceeding One Hundred Pounds or to be imprisoned for any term not exceeding twelve months.

Buildings may be

68.

(1) Any officer of the Board of an abattoirs area, any

entered where atock

orcercaaaissUpposed inspector of such area, any member of the police force, or any

to be. special constable or district constable may at any time enter iuto and

Met.

Act!

upon any place, building, or premises in such area where any stock or carcass is or may be supposed to be, and any such officer, inspector, member, or constable may, for the purposes of identification, make

such

2" GEORGII V, No. 1055:

The Aba&rs Ad;-191 1.

such mark as he deems fit on any carcass or meat in respect of which

PART

he is of opinion that any provision of this Act is not being fully

complied with.

(2) Any person who, without the authority of an inspector of the abattoirs area, removes or defaces any such mark, shall for each such offence be liable to a penalty not exceeding Twentyfive Pounds.

69, (1) Any officer of the Board of an abattoirs area, any Power to seize un-

inspector of such area, any member of the police force, or any b"ndedca"e"es.

special or district constuble may seize any carcass in such area that

67.

does not appear to him to have been branded, or any meat in such

Act, 1652, 1900,

area that does not appear to him to be derived from a carcass that ,. ,

has been branded, in case the carcass or the meat is either exposed

for sale or in the possession of any person, apparently for the purpose

of human consumption, and such officer, insprctor, member, or

constable, if he thinks it desirable so to do, may remove any carcass

or meat so seized.

.

,

(2) Ally person claiming any carcass or meat so seized may, Personaffected may

within forty-eight hours after such seizure, complain thereof to any make complaint. Special Magistrate or any two Justices, who may either confirm or disallow such seizure, and may, if such seizure is confirmed, order the camass or the meat seized to be destroyed, and may make such order as regards costs as he or they think just.

(3) The onus of proof that any carcass or meat seized was not Onus of proof.

intended for sale for human consumption, or that it had been branded or formed part of a carcass that had been branded in accordance with the provisions of this Act, ahall be upon the complainant.

(4) In the event of no such complaint being made within forty- Where no complaint,

car(ms to become the

eight hours after such seizure, or of

such seizure being confirmed,

of the *oard.

the carcass or the meat as to the seizure of which no complaint has been made, or the seizure of which has been confirmed, shall there-

provided in section 62 hereof, or as the secretary of the Board

or any meat condemned by any inspector shall be disposed of as upon become the property of the Board: Provided that any carcass

directs.

(5) In the event of any person without the authority of the Board ~ ' ~ ~, " ~ h ~ ~ p " n ~

removing or taking away any carcass or meat so seized, such person, authority.

I

in addition to any other punishment to which he may be liable, shall

be guilty of an offence against this Act,

70. An? person who refuses to give information, or gives false information.

for refusing

information, in answer to any inquiry made in the exercise or Met.

a. G,

discharge of any power or duty under this Act by any inspector (6).

or officer of an abattoirs area, or any member of the police force, or

any special or district constable, shall be guilty of an offence against

this Act, and be liable to a penalty not exceeding %ive Pounds.

71. (1) I t shall be the duty of every member of

the police force Members of police

force to report

and every special or district constable who finds any person corn- breaohes of A C ~.

mitting Ibid., 8. 67 (1).

2' GEORGII V, NO. 1055.

The Abattoirs Act.1911.

mitting any breach of any of the provisions of this Act to demand from such person his name and place of abode, and to report the fact of such breach and the name and place of abode of such person as soon as may be to the secretary of the Board of the abattoirs area wherein such breach was committed.

Penalty for refusing

name and addreer.

(2) Any person who refuses to state his name and place of abode on demand as aforesaid, or states a false name or place of abode, shall be guilty of an offence against this Act, and be liable to a penalty not exceeding Ten Pounds.

Board may deliver or

72. Any Board may deliver or contract for the delivery of meat

contract for the

delivery of meat.

slaughtered at the abattoir of its abattoirs area for such remunera-

Ibid., S. 68.

tion and upon such terms as it thinks fit.

Blood, &C., to be

rendered merchant-

73. Every Board shall cause all by-products to be treated and

able.

rendered merchantable by means of desiccators, digesters, or such

Ibid., 8. 69.

other means as the Board thinks fit.

Meat slaughtered

a ithout abattoirs area

74. I t shall be the duty of every Board to cause all carcasses

to be inspected at

slaughtered without its abattoirs area, and brought to the abattoir

abattoir.

for examination, to be examined by an inspector, upon payment of

Ibid., S. i o.

such reasonable fees as are from time to time fixed by the Board; and if upon such examination such carcasses are found to be free from disease the inspector shall give a certificate in writing to that effect: and brand the same, but if found to be diseased the same shall be retained and disposed of i n manner mentioned in section

62: Provided that-

I. No such examination shall be made, or certificate given, or

brand implanted in respect of any such carcass unless there

is attached thereto in natural connection when brought for

examination the pleura and the peritoneum, lungs, heart, kidneys, tongue, and such other organs aa are prescribed,

and, in the case of cows, the udder also:

11. For the purpose of such examination the carcasses of stock

(with the exception of calves) may be cut in halves.

PART V.

POWER TO TAKE LAND.

Power to fake land

compulsoril y.

75. For the purposes of this Act a Board may compulsorily take

la9d within its abattoirs area (except park lands or public reserves

Ibid., 8. 76.

or lands subject to tht public right of way), and with the consent

of

the ~ o v e h o r,

land in any part of the said State.

Certain provisions of

the M.C. Act 497 uf

76. Sections 300 to 306, both inclusive, of" The Municipal Cor-

1890 to apply.

porations Act, 1890," shall, mutatis ~nutarcdzs, apply in all cases where

Ibid., 8. 76, altered.

a Board requires land for the purposes of this Act as if such sections were set out in this Act, and as if the Board were the corporation

'

2

GEORGII V, No. 1055.

The Abfi irs

Act .1911.

of a municipality, and whether such land is or is not situated

PABT v.

within a municipality. Provided that for the purposes of this sec- tion the following expressions in the said sections shall have the following meanings-" Corporation " shall mean Board of any

abattoirs area," and

Council" shall mean " Hoard."

77. The Lands Clauses Consolidation Acts, except sections 1 10, h n d a Clauses con-

114, 116,116, 117, and 118 of the Ordinance No. 6 of 1847, are incorponrM

aolidation Acte

incorporated with this Act, and shall take effect with regard to all works and undertakings which a Board is by this Act authorised to construct, and the Board taking lands for such purposes shall be regarded as the promoters of an undertaking and this Act as the special Act within the meaning of such incorporated Acts: Provided that for the purposes of section 13 of the Act No. 202 of 1881 there shall be deemed to be no such special Act.

PART VI.

PART

vr.

REGULATIONS.

78. (1) The Governor may from time to time make regulations Regulations made bp

prescribing the duties and powers of inspectore appointed under the GOv"rnOr-

this Act, and all such other regulations as are by this Act contem-

plated or required to be made, or as may be necessary or convenient

for carrying into effect all or any of the objects and purposes

expressed or implied by this Act, or any thing incidental to or in any

way connected with such objects and purposes or any of them.

(2) Regulations made by the Governor shall, so far as their respective natures will admit, apply to all abattoirs areas under this Act and to all abattoirs registered under this Act, except in any case where a contrary intention is expressed in or with respect to any such regulation.

(3) Any regulation made by the Governor may impose a penalty,

not exceeding Twenty Pounds, for the breach or non-observance of

the same or any other regulation so made, and, in the case of a con-

tinuing breach, may impose an additional penalty, not exceeding

Two Pounds, for each day that the breach is continued beyond the day when the breach commences.

79, (1) The Board of any abattoirs area may from time to time Regulationa made by,

make such regulations as are contemplated or required by this Act

to be made (except such as are to be made by the Governor), or as Met. b. A C ~.

Vic. Act, 1652, 1900,

8. 81.

may be necessary or convenient for the purpose of

carrying into effect .,

4 4

t9.

all or any of the objects and purposes expressed or implied by this Act, or anything incidental to or in any way connected with such objects and purposes or any of them; and, without limitation of or derogation from the foregoing general power, it is hereby declared that the Board may make regulations for all or any of the following purposee :-

I. Prescribing the conditions on which stock may

be received

into or supplied or removed from the abattoir:

I I.

Prescribing

D--1066

2' GEORGII V, No. 1055..

p----p

The Ab&rs

Act.1911.

PART

VI.

11. Prescribing the duties of inspectors, superintendents, clerks,

mechanics, slaughtermen, and other officers and servants of the Board, and for regulating and enforcing the due performance of such duties:

I I I. Licensing and registering persons engaged in tending and

slaughtering stock, and in dressing carcasses at the abattoir:

IV. Prescribing the times for slaughtering stock:

v. Providing for the feeding, watering, and tending, and the preventing of cruelty to and overcrowding of stock at the abattoir, and for the milking of milch stock at the abattoir:

VI. For the examinatiou of stock and carcasses by inspectors and veterinary surgeons, and prescribing the mode of dealing with stock at the abattoir when suspected of being affected with disease, and of dealing with carcasses and meat found to be so affected:

VII. Prescribing the mode 01 slaughtering animals and of flaying and dressing carcasses:

vrr1. For the examination by inspectors of the different parts of a carcass after slaughter at the abattoir, and for preventing the parts of one carcass being mixed with those of another prior to examination:

I X. For the examination by inspectors of carcasses slaughtered

without the abattoirs area, and for prescribing what organs must be attached to such carcasses of various animals, and how attached:

X. For the branding or marking of carcasses and of any parts

thereof:

XI. Fixing the rates of

slaughtering fees and of dues payilble for

the use of the abattoir, and of sustenance fees for stock:

r 1 1. Fixing the fees for examining stock, for examining and branding of carcasses, and for giving certificates as to any examination of stock or any carcass or meat made by or under the direction of an inspector:

XIXI. Prescribing the mode of removing condemned carcasses or

meat and of rendering the same unusable for human con- sumption, or for consumption by carnivorous or omnivo- rous animals, and of disposing of or destroying the same, and the fees payable in respect thereof:

XIV. Prescribing the mode of removing, dealing with, and dispos- ing of blood, offal, garbage, refuse matters, and manure from the abattoir, and the disposal of hides, skins, hair, hoof's, and horns of stock elaughtered thereat:

xv. For

2' GEOKGII V, No. 1055

The Abattoirs Act .1911.

xv.

For securing the cleanliness and wholesomeness of

carcasses

PART v l. -

or meat from the time of slaughtering the stock until the

delivery of

the same to the retail buyer:

X VI.

For securing the cleanlineas and wholesomeness of casings

used in the ma,king up of small goods, and for preventing

the admixture in small goods of substances deleterious to

health:

-

For maintaining the cleanliness of the abattoir and of appliances used thereat, and the cleanliness of the clothing of persons engaged therein or slaughtering or dressing carcasses therein:

XVIII. For preventing persons affected by or who have bern in contact with communicable disease from being employed in the handling of carcasses or meat:

XIX. For stopping temporarily the manufacture of and the sale of small goods in circumstances in which danger to the con- sumer is apprehended owing to uncleanliness, or to the presence of infection or contagion on, about, or near the premises where such manufacturing or sale is carried ou:

XX,

For maintaining the cleanliness of

meat markets, meat stalls,

butchers' shops, small goods manufacturing houses, and places used for selling, preserving, freezing, chilling, or storing meat, and premises appurtenant to any of such markets, stalls, shops, houses, places, and premises, and of appliances used thereat, and for the removing of blood, offal, garbage, refuse matters, and manure therefrom, and for maintaining the cleanliness of vehicles and receptacles used for conveyance of carcasses or meat:

XXI.

For prohibiting the carriage or delivery of meat in the

abattoirs area, or to or from the abattoir, in open vehicles:

XXII. For regulating or prohibiting the hawking of meat in the abattoirs area, or in any part thereof:

XXI XI.

For prohibiting the carriage in the abattoirs area, or to or from the abattoir, of meat with other goods:

X X l Y.

For providing for the keeping of books recording the num- ber of each kind of stock daily slaughtered and the brands thereof, and such other particulars as the Board may consider necessary:

XXV. Prescribing the tolls, dues, and fees to be received at the abattoir, or in respect of anything done under this Act:

XXV l.

For the general regulation and management of

the abattoir,

for the cleansing, occupying, and using of the same, or any parts thereof, for ordering and governing the persons engaged at or appointed to such abattoir, and all other persona coming and resorting thereto, the maintenance of

good

No.

The Abattoirs Act.-191 1.

good order therein, and all matters which concern or

relate to th.e abattoir:

XXVII. For ordering and regulating the mode and conduct of pro-

ceedings a t the meetings of the Board and its committees, and fixing the numbers required to constitute a quorum thereat respectively.

Application of

regula-

tions.

(2) Except where expressly provided to the contrary, all regula- tions made by a Board shall have effect throughout the abattoirs area of such Board and a t the abattoir of such area and its appurtenances, and with respect to everything done thereat or in connection therewith.

~ i m i t

of penalties.

(3) Any regulation made by a Board may impose any penalty, not exceeding Twenty Pounds, for the breach or non-observance of the same or of any other regulation made by such Board, and, in the case of a continuing breach, may impose an additional penalty, not exceeding Two Pounds, for each day that the breach is con- tinued beyond the day when the breach commences.

Central Board may

make regulations in

80. (1) The Central Board may require the Board of any abattoirs

default of aba,,oirrr

area to make regulations for any of the purposes particularly speci-

Board.

fied in subsection (1) of section 79; and in the event of such

cf.

8. 44 ( 5 ).

1662. t9009 Board failing to make'guch regulations within the time allowed by

the Central Board, the Central ~ o a r d

is hereby empowered to make

such regulations for the abattoirs area of such Board, or any specified part thereof and the abattoir thereof, and every regulation so made shall be deemed and taken to have been made by such Board, and shall not require any fuither approval by the Central Board.

(2) Regulations made by the Central Board under the power con-

ferred by this section may impose penalties of the same amounts as

if the regulations were made by the Abattoirs Board.

In case of inconrris-

tency Governor' S

81. So far as any regulation made by the Board of an abattoirs

r ~ l a t ~ o ~ ~

topre,rrii. area or the Central Board is inconsistent with any regulation made

Ibid., 8. 4 6 (2).

by the Governor and for the time being in force the provisions of

the first-mentioned regulation shall be deemed to be void.

Appro~al and confir-

mation and publica-

82, (1) No regulation made by a Board shall have any force or

tion of regu18tions.

effect until approved by the Central Board and confirmed by the

cf. Met

b. A C ~, B.

83. Governor.

(2) No regulation made by the Central Board ahall have any force or effect until confirmed by the Governor.

(3) All regulations made by a Board, when approved and confirmed as aforesaid, and all regulations made by the Central Board, when confirmed as aforesaid, and all regulations made by the Governor, shall-

I. Be published in the Government Gazette :

11. Take

ab GEORGlI V, No. 1055.

11. Take effect from the date of publication, or from a later

PART VI.

date to be specified in auch regulations; and

i I 1. Be laid before both Houses of Parliament within fourteen

days after publication if Parliament is then in Session, and if not, then within fourteen days after the commence- ment of the next Session.

(4) If either House of Parliament passes a resolution disallowing Disal~owance

any such regulation, of which resolution notice has been given at Parliament.

any time within fourteen sitting davs of such House after such

regulation has been laid before it, such regulation shall thereupon

cease to have effect, but ~vithout affecting the validity or curing the

invalidity of anything done, or of the omission of anything, in the

meantime.

'This subsection shall apply notwithstanding that the said fourteen sitting days, or some of them, do not occur in the same Session or Parliament as that in which the regulation is laid before such House.

83. (1) A person desiring to dispule the validity of any regulation Regulations unchal-

made under this Act may apply to the Supreme court, upon

lengeable unleaa

tion was made by the Governor, or the Chairman of the Central

affidavit, for a rule calling upon the Minister, in case the regda- Ibid.,6. 8s. the Chairman of the Board, in case the regulation was made by a Board, to show cause why such regulation should not be quashed, either wholly or in part, fbr the illegality thereof.

(2) The said Court may make absolute or discharge the said rule,

with or without costs.

(S) Subject to section 82, all regulations made under this Act, unless and until so quashed, shall have the same effect as if enacted in this Act.

(4) No regulation made under this Act shall be challenged or

disputed i n any manner except that provided by this section.

PART

VII.

PART VII.

MISCELLANEOUS.

84. Any person who directly or indirectly, by himself, his Definition of

'' offence."

servant, or agent-

Ibid., a. 86.

(1) Does anything which by this Act is forbidden or declared to NZ. 38,1900, 8. 62.

be unlawful; or

(2) Omits to do anything which he is by this Act required to

do; or

(3) Fails to faithfully perform or observe any duty or obligation imposed upon him by this Act; or

(4) Prevents,

2* GEORGIf V, No. 1055.

(4) Prevents, obstructs, or hinders any inspector, employ& or other officer of a Board, or any member of the police force, or any special or district constable in the exercise or dis- charge of any power, function, or duty conferred or imposed upon him by this Act,

shall be guilty of an offence against this Act.

Penaltiee.

85, (1) The penalty set out at the foot of any section, sub- section, or other provision of this Act indicates that any contravention of such section, subsection, or provision, whether by act or omission, shall be an offence against this Act, punishable by a penalty not exceeding the sum so set out; and where there is no specified penalty for an offence against this Act any person guilty of such offence shall be liable to a penalty not exceeding 'I'wenty-five Pounds.

Met. Ab. Act, E. 87.

(2) The minimum penalty for any offence against this Act shall

be one-tenth of the maximum penalty for such offence.

In proceeding8 for

86, Whenever in any proceedings in respect of any offence

penalties knowledge

preeumed until con-

against this Act knowledge on the part of the defendant would,

trary proved.

but for this section, have to be shown, such knowledge shall be pre-

Ibid., 8. 88.

sumed until the contrary is proved to the satisfaction of the Court.

Recovery of charges.

87, If default is made by any person in the payment of any fees, any person authorised by the Board, the secretary thereof, or any inspector of the abattoirs are&, in his own name, may, at any time after such default, recover the same by action in any Court of com- petent jurisdiction, or by complaint before any Court of summary jurisdiction, or by distress upon any property at the abattoir belonging to the defaulter in like manner as in the case of rent in arrear.

N.Z., No. 38, 1900,

dues, tolls, or charges, the Hoard to which the same is payable, or

S.

l 8 ( 6 ).

Hearing of com-

88, All complaints and informations under this Act shall be

plaints and informa-

tions

heard and determined in a summary way before a Special Magistrate

Ibid., 8. 91.

or any two Justices under the provisions of the Ordinance No. 6 of

1850, or of any other Act for the time being in force relating to

the duties of Justices of' the Peace with respect to summary con- victions and orders, a.nd all convictions and orders may be enforced as in such Act provided.

Legal proceedings, in

89, All complaints, informations, and legal proceedings may be

whoee name.

preferred, prosecuted, or defended in the name of the Board con-

Ibid., a. 92.

cerned, or of the secretary thereof, or of any inspector of the

abattoirs area.

Proof of certain

90,

It shall not be necessaiy in any legal proceedings to prove

matters.

the existence or constitution of a Board, or the appointment of the

Ibid., s. 94.

secretary or other officer of the Board, or of any inspector, or any

member of the police farce, or special or district conrnble; and

a

2" GEORGII V, No. 1055.

The Abattoirs Ad.-191 1.

a certificate under the hand of such secretary, or the oath of such

PART vI1.

secretarv. or of an ins~ector. shall be sufficiotlt evidence of the boundahes of the abattoirs aiea until the contrary is proved, and any Proclamation or notice thereof in the Government Gazette shall. unless shown to have been repealed, be conclusive evidence of such boundaries.

91. Any document sealed with the seal of a Board and certified cOntenbOf b00k8

may be proved by

by the secretary thereof to be a true copy of or extract from a book certified copies.

of such Board, shall be received as sufficient evidence in all Courts

85.

and before all persons and tribunals of the contents of such book, or

of so much thereof as such extract purports to contain.

92. Any summons, writ, or legal process whatsoever, civil or Service of notices,

etc., upon the Board.

criminal, may be served upon a Board, or upon any council, by

leaving the same a t the office of

such Board or council with some Ibid., S. 96.

officervor servant of the Board or council.

93. (1) Every notice by this Act required to be given by or to a Form and service ~f

notices.

Board shall be in writing, and be signed by some duly authorised ibid.,

person; and such notice shall be deemed to have been duly given if

ieft at the office of the Board, authority, or person to GhGm the

same is intended to be given, or the last known place of abode in

the said State of such person, or if posted in a prepaid registered

letter addressed to the Board, authority, or person, at its or his

office, or a t the last known place of abode in the said State

of such person.

(2) If

such notice is so posted it shall be deemed to have been Time of

given a t the time when it would in the ordinary course of post be delivered or reach the post office to which or nearest to which it is addressed.

94. Whenever it is necessary, on the hearing of any informa- Proof of sewice.

tion or complaint for any offence against this Act to

prove

service Ibid., 9. 9 8.

of any notice, summons, writ, or legal process, an affidavit of the service thereof, 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.

, 95. Every order, summons, notice, or other document requiring Auth~he.tication

of

certam doouments.

to be authenticated by a Board; or by any council, may, except ibid.,

99.

when otherwise provided, be sufficiently authenticated without the common seal of the' Board or council if signed by a member of the Board in the one case, or by two councillors or the clerk of the district or municipality in the other.

96. (1) There shall be an appeal from any conviction by any Special

Awl.

Magistrate or Justices for an offence against this Act, or from any

-9

order of such Magistrate or Justices dismissing any information or complaint under this Act, or from any other order by such Magis- trate or Justices on such an information or complaint.

('L) Such

2" GEORGII V, No. 1055.

The Abattoirs Act.-1

91 l,

PABT

V ~ I.

(2) Such appeal shall be to the Local Court of

Adelaide in its Full

Jurisdiction, or to the Local Court of Full Jurisdiction nearest to the place where the offence or matter is alleged to have occurred.

(3) The proceedings on such appeal shall be conducted in manner provided for appeals to Local Courts by the said Ordinance No. 6 of 1850, and " The Justices Procedure Amendment Act, 1883-4," or any Act for the time being in force regulating appeals to Local Courts: Provided that the Local Court hearing such appeal may make such order as to costs as it thinks fit, although such costs exceed Ten Pounds.

Local Courts may

state special cam.

97. The Local Court, upon the hearing of any appeal, may state

a special case for the opinion of the Supreme Court, and the

Supreme Court shall hear and decide such special case according to the practice of the Supreme Court on special cases, and may make any order therein, including any order as to the cost of the proceed- ings in that Court and in the Courts below, which to the said Supreme Court appears just.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

THE

'

2

GEORGII V, No. 1055.

The Abattoirs Act.-191 1.

THE SCHEDULE.

Section

4.

Reference to Acts.

Title.

-

No. 5 of 1840 ..

Ln Act to regulate the Slaughtering and

jections 1, 2, 3, 4,5, 6,

prevent the Stealing of Cattle

7, 8, 15, and 16

No. 2 of 1844 ..

in Ordinance to authorise the levying

rhe whole

of Fees on the Slaughtering of Cattle

in South Australia

No. 419 of l887

rhe District Councils Act, 1887

.. .

.

.

.

3ections 258 and 259, and so much of sec- tion 290 as deals with s l a u g h t e r - h o u s e s, slaughtering licences, and the slaughtering of cattle

The District Councils Amendment Act,

Sections 29 and 30,and the subdivision of section 55 beginning w i t h t h e w o r d s

1904

" Regulating the con-

tro1,management and supervision of abat- toirs," and the follow- ing subdivisions of the said section down to and including the subdivision reading

" For destroying un-

wholesome meat "

Xo. 497 of 189C

'I'he Municipa .l Corporations Act, 1890..

Sections 182 and 183,

section 184 as regards

the word " slaughter- house" only, and sec- tion 314 as regards all the words from and including " For '

t h e regulation of slaughter-houses " to andincluding "there- for, or for slaughter- ing cattle," and the Third Schedule

No. 833 of 190:

The Municipal Corporations Amendmen,

Subdivision XIIT. of

sec-

Act, 1903

tion 14, and section 15 gectious 95, 96, 97,98, 99, 100,101,102, and 103

No. 711 of 1891

The Health Act, 1898

..

.. .. .

.. .. ..

Adelaide: By authority, R. E. E. Roosas, Government Printer, North Terrace.

E-1065

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0