The Metropolitan Abattoirs Act Amendment Act 1910 (SA)

GEORGII V REGIS.

ADDD 1910.

4444***44********4**rlt************4*r(l4**4*****444***$444*

No. 1009.

An Act to amend "The Metropolitan Abattoirs Act,

1908," and for other purposes.

[Assented to, November ~ o t h, rpro.]

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

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

1, This Act may be cited alone as The Metropolitan Abattoirs ~hort title^.

Act Amendment Act, 1910," and "The Metropolitan Abattoirs Act, 1908 " (hereinafter called "the principal Act"), and this Act may be cited together as " The Metropolitan Abattoirs Acts, 1908 and 1910."

2. This Act is incorporated with the principal Act, and the Incorporation.

principal Act and this Act shall be read together as one Act.

the said State or the Minister of the Crown for the time being per- Trwurer.'' 3. In this Act the term the Treasurer" means the Treasurer of Meaning of "the

forming the duties of the &aid Treasurer.

4. Section 8 of the principal Act is amended by adding thereto ~ ; t i ~ ~ ~ ~

the words but shall not include pickled pork." ~ e r n i n g of "bacon."

5. Subsection (1) of section 10 of the principal Act is amended by inserting the words "or elected" after the word "appointed" in l0 =e*ed*

Repmat.tiys

the seventh line thereof.

1009 6. Subseotiono

- I" GEORGII V, No. mog.

The Metropolitafi Abattoir8 Act Amendment Ad.-1910.

0eoticm 16 amended.

ICIeotion of members 6. Subsections (l), 2), (3), and (4) of section 15 of the principal

b joint constituent	Erpomtione	Act are repealed, an the following subsections are substituted	6
Counoils.	therefor :-

I '

Of. Munioipal (1) In any case when nominations are to be made under subsection

Trxmwapr Act, 1906,

8. 12 (W). (3) of section 14-

( a ) The neglect of any Corporation or Council to nominate

a candidate shall not invalidate any electio~ :

( 8 ) No Corporation or Council shall nominate more than

one candidate:

If only one candidate is nominated, within the time fixed for nominations, by the Corporations and Councils in any of the said groups of joint con- stituent Corporations and Councils, the candidate so nominated shall be deemed to be elected a member of the Board, and shall be the representative thereon of the said group.

(2) I n any case when nominations are to be made under subsection (3) of section 14, if more candidates than one are nomi- nated, within the time fixed for nominations, by the Cor- porations and Councils in any of the said groups, the following rules shall be observed:.

(a ) The Mayor shall, as soori as practicable after the time so fixed, send a notice to each of the constituent Corporations and Councils in the group, in which notice he shall-

I. State the names and addresses of the candi-

dates so nominated;

11. Fix a time, not being more than six weeks after the time fixed for nominations, and a place, for the election of a member of the Board to represent the group; and

m. Appoint a person to act as Returning Officer

at such election:

( b ) At the time and place fixed by such notice every member of the Council of a Corporation or of a District Council in the said group may attend and vote by ballot for the election of a member of the Board:

(c) The candidates at such election shall be the candidates

nominated as aforesaid, and the ballot shall be taken

in the manner prescribed:

(d) As soon as practicable after the election, the Returning Officer shall certify in writing to the Mayor the result of the ballot, giving-the number of votes cast for each candidate:

(c) The

I" GEORGII V, No. IOW.

The Metropolitan Abattoirs Act Amendment Act.-1 910.

(e) The candidate for whom the highest number of votes is cast at such ballot, or, if an equal number of votes is cast for two or more candidates, that one of the said candidates for whom the Mayor gives his casting vote (which is hereby given to him in all such cases) shall be deemed to be elected a member of the Board, and shall be the representative thereon of the said group.

(3) When the seat of an elective member of the Board has become E X ~ M ~

elections.

vacant otherwise than by effluxion of time, the vacancy; and fixing a date, not being less than three weeks after the sending of such notice, for such Corporations and Comcils to nominate candidates for the extraordinary election, and thereupon the provisions of subsections (1) and (2) of this section, with any variations which the circumstances of the case may require, shall apply.

shall be filled by an extraordinary election by the Councils

of the Corporations and the District Councils in the group

of joint constituent Corporations and Councils of which

such member was the representative; and the new member

so elected shall hold office only for the unexpired portion

of the term of his predecessor. On the happening of the

vacancy the Mayor shall send a notice to each of the said

(4) As soon as practicable after any person is, under the provisions Decl-tion of

of this section, elected a member of the Board the Mayor election.

shall, by notice in the Government Gazette, declare that

such person has been elected as such member; and such

notice shall be conclusive evidence of his election and of

the validity thereof. Subject to section 16, any person

elected under this section to fill a vacancy occurring by

effluxion of time shall become a member of the Board on

the first day of March next after his election.

7. Subsection ( 5 ) of section 15 of the principal Act is amended ,","tz mher

by striking out the words in manner and within the time herein- A pointment by

before provided " in the third and fourth lines thereof, and substituting	ayor in default.
therefor the following words:--" in the manner hereinbefore provided

in that behalf, and within the times fixed for that purpose by section	*	I
14 and under this section."

i

8. (1) Section 34 of the principal Act is amended by substituting S ~ t i ~ 34 an^^

I

the w ~ r d s TWO Hundred and Fifty Thousand Pounds" for the !nor-t)fborrow- One Hundred Thousand Pounds" in the ninth line thereof. mg power of Board.

words

1

I

(2) All contracts entered into by the Board for the borrowing M* of C O ~ ~ ~ U O ~ E.

money or for or in connection with the erection of abattoirs -;;;- markets for stock since the passing of the principal Act are hereby declared b be as valid and effectual to all intent6 and for all pur-

poses aa if power to borrow money not exceeding the sum of Two

Hundred

I' GEORGII V, No. 1009.

The Metropolitan Abattoirs Act Amendment Act. -1 Q 10.

Hundred and Fifty Thousand Pounds, instead of One Hundred Thousand Pounds, had been conferred by section 34 of that Act when passed.

The Tremuwr

ma lend money 9, (l) The Treasurer is hereby authorised, upon application by

to L w ~ on the Board, to lend to the Board the whole or any part of the sum

debentures.

of Two Hundred and Fifty Thousand Pounds, which the Board, by virtue of the principal Act, as amended by this Act, is empowered

to borrow, at such rate of interest, for such term not exceeding forty-

two years, and upon such conditions as are agreed upon between the

Treasurer and the Board.

(2) The Board in exchange for the money so lent shall issue debentures in favor of the Treasurer, or as he shall direct, which debentures shall be in such form as agreed upon between the Treasurer and the Board, and coupons in such form as so agreed upon may be annexed to such debentures.

(3) The title to every such debenture and to every coupon (if any) annexed thereto, whether separated or not from the debenture to which it belongs, shall pass by delivery only, without any assign- ment or endorsement.

(4) Except so far as inconsistent with this Act or anything in any debenture issued to the Treasurer under this section, all the provisions of the principal Act as to debentures, except section

36 thereof, shall apply to the debentures so issued.

section40arnended.	10, Section 40 of the principal Act is amended as follows :-
How revenue to be	I. By substituting the words " forty-two" for the word " thirty"
~pplied.

in. the seventh line of subsection (l), subdivision (d)

thereof; and

11. By repealing subsection (4) and substituting in lieu thereof

the following subsection :-

(4) The Board may pay out of borrowed moneys-

( a ) Any moneys reimbursed to constituent Cor

porations and Councils under section 25;

and

( 6 ) The interest accruing on such borrowed moneys up to the time when the abattoirs are avail- able for the slaughtering of stock or the

-

markets are available for stock, whichever last happens, and all expenses incurred by the Board for management or otherwise up to that time.

Where debentures 11, Notwithstanding anything in section 40 or section 49 of

pyableOnterminrble	the principal Act, it shall not be necessary to provide or to invest
annuity principle no

r e p a r n t e s n e fund any separate sinking fund in respect of debentures iseued by the

n v -

Board which are payable upon the terminable annuity principle, if

the

I" GEORGII V, No. IOW.

The Metropolt2an Abattoirs Act Amendment Act.-1910.

the money which would otherwise constitute such fund is paid to the debenture holders on account or in satisfaction (as the case may be) of both principal and interest moneys in terms of such debentures.

12. Section 54 of the principal Act is amended as follows :-	Beotion 64 amended.
Shee and h b s

I. By adding the following proviso to subsection (1) thereof: - B h g % l w d f ~ r X* e

Provided that it shall be lawful for any peison to expose ~ $ ~ ~ ~ y

for sale and to sell within the metropolitan abattoirs area carewes inspected	any carcass, or the meat of any carcass, of any sheep or and branded.
lamb which has been slaughtered for export at any such exempted slaughterhouse or abattoir, or at premises of the South Australian Government Produce Export Department, and has been rejected, if such carcass has been first inspected and marked by an officer of Customs under the (Commonwealth) Commerce (Trade Descriptions) (C;mmonralt~). No 18 of 1906
Act, 1905, or any Act amending or substituted for that ~ c t; and has bee; subsequently inspected and branded by an inspector of the Board.

rr. By adding the following two subsections a t the end of the

said section :--

(8) For the inspection and branding by an inspector F e e ~ for w t i o n

and branding.

of the Board of rejected carcasses as mentioned in the for every carcass inspected as the Board demands, or, in all cases where the Minister controlling the Government Produce Export Department and the Board are not satisfied that the sheep or lambs were slaughtered with the bond Jide in tention of exporting the carcasses thereof,

proviso to subsection (1) of this section the owner or

occupier or person khving the control of an exempted

slaughterhouse or abattoir, or of premises of the Govern-

ment Produce Export Department, shall pay to the

the Board and approved by the said Minister. The	such fee per carcass as is from time to time fixed by
fees so payable shall be paid to the Board upon demand, and may be recovered by action in any Court of com- petent 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.

(9) No person shall-

(a ) Slaughter or permit to be slaughtered a t Penal~forsltw~hter-

the abattoirs any stock knowing that kiA!batb*	the carcass thereof ,is intended to be
exported except on the request in writing of the Minister controlling the Government Produce Export Depart- ment:

( b ) Export

I" GEORGII V, No: mog.

The Metropoldtan Abattoirs Act Amendmertt Act.-1910, -

Exporting carcase	( b ) Export the carcass of	any stock slaughtered
W, nlaughteted.

at the abattoirs except on the request in writing of the Minister controlling the Government Produce Export De- partment:

(c) Slaughter or permit to be slaughtered at toir or at premises of the Government Produce Export Department any stock the carcass of which is not bonli fide intended for export.

sl.uSh""6"

export daug ttw-

h o w otbarwiee than	any exempted slaughterhouse or abat-
for erport.

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

five Pounds; and every subsequent offence, Fifty Founds.

Election 76 amended.	13, Section 76 of the principal Act is amended by subst.ituting
Certain provision of
Munioipal Corpora-	Sections 300 to 306, both inclusive,?' for a Part XII." in the first

tiom Act to apply.	line thereof.
to agree with motion

Bection 80 amended 14, Section 80 of the principal Act is amended as follows :-

65. I. By inserting after the word " District" in the third line the

When private

following:-"or after the day specified in the notice

abattoirs to be oloeed.

given pursuant to section 53 hereof (whichever is the

later time)":

11. By inserting after the word "time" in the sixth line the

following :-" or day (whichever is the later)"; and

111. By inserting after the word shall ?' in the seventh line the

following:-" nor shall any Board of Health."

Railways Commia-	l&.	Whereas it has been agreed between the South Australian
uoner empowered to

convey oertnin	Railways Commissioner and the Board that, in consideration of the
8U lus railway lande	transfer by the Board to the said Commissioner of certain lands

to% ~ m r d in

exchange for other	hereinafter described, the said Commissioner shall convey to the
lands.	Board certain lands vested in him, which are also hereinafter described; and whereas doubts have arisen as to the power of the said Commissioner to convey lands which a,re vested in him: Now
it is hereby enacted as follows :-In consideration of the transfer by the Board to the South Australian Railways Commissioner of por- tions of blocks 4, 5, 41, and 42 of section 97, situated in the Hun- dred of Yatala, laid out as Montague Farms, comprised in Certifi- cate of Title Volume 840, folio 13, for railway purposes, the said Commissioner is hereby empowered to convey to the Board-

Firstly, that triangular piece of land containing one rood and fifteen perches or thereabouts, being a northerly portion of block 44a of the said section, which is situated on the northerly side of the railway line there and measures on the north- easterly side thereof next land of the Board three hundred and ninety-three linke or thereabouts, on the south-westerly side next the railway line four hundred and eleven links or

thereabout S,

I' GEORGII V, No. roq.

The Metropolitan. Abattoirs Act A d m e r z t Act.-1910.

thereabouts, and on the north-westerly side next a Goverii- ment road one hundred and ~eventy-seven links or there- abouts; and

Secondly, that piece of land containing one acre and twelve perches

or thereabouts, being also a northerly portion of the block

44a of the said section, which is situated on the southerly

side of the said railway line and measures on the northerly side thereof next the said railway line eight hundred and seventy-two links or thereabouts, on the southerly side next land of the Board one thousand one hundred and thirty-five links or thereabouts, on the north-westerly side next the Government road one hundred and thirteen links or there- abouts, and on the north-easterly side next land of the Board two hundred and fifty-three links or thereabouts;

the said pieces of land being portions of the land comprised in deeds registered in the General Registry Office of the State No. 339, Book 92, and No. 60, Book 160.

16. And whereas since the transfer referred to in section 15 by Commimioner em-

the Board to the South Australian Railways Commissioner a mistake to Board railway land powered to re-transfer

has been made in fixing the northern boundary of the railway land onwhich*ock

included in the block 42 mentioned in section 15, and the Board market encroaches.

has, in consequence, in the erection of the market for stock en- croached on the piece of land hereinafter described, being portion of the said block 42; but such encroachment does not interfere with the works of the said Commissioner, and it has been agreed between the said Commissioner and the Board, subject to such agreement being ratified by Parliament, that the Commissioner shall re-transfer to the Board the said piece of land: Now it is hereby enacted as follows :-

The said Commissioner is hereby empowered to transfer to the

Board all that piece of land commencing at the north-east corner of

the railway land in block 42 of section 97, Hundred of Yatala, laid

out as Montague Farms; thence westerly along the northern boun- dary of the said railway land for 1,440 links; thence southerly at

right angles for 23 links; thence easterly at right angles for 1,433 links to west side of road forming eastern boundary of the said block

42 ; thence northerly along the said west side of road for 24 links

to the point of commencement.

17. The Crown shall be bound by this Act and by the principal Act8 tobind the

Act. Crown.

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

this Bill.

DAY H. BOSANQUET, Governor.

- -

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