Western Australian Meat Industry Authority Amendment Regulations 2011 (WA)
!201100236GG!
WESTERN 5151 AUSTRALIAN GOVERNMENT ISSN 1448-949X PRINT POST APPROVED PP665002/00041
| PERTH, TUESDAY, 6 DECEMBER 2011 No. 236 SPECIAL |
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM
© STATE OF WESTERN AUSTRALIA
Western Australia
Western Australian Meat Industry Authority
Amendment Regulations 2011
CONTENTS
1. Citation
2. Commencement
3. Regulations amended
4. Regulation 3 amended
5. Regulation 4 amended
6. Various penalties amended
7. Regulation 21 amended
8. Part VI replaced
Part VI — Muchea Livestock Centre
Division 1 — Preliminary
25. Terms used Division 2 — Stock agents
26.
Stock agents must have Authority approval
27. Approval of stock agents 28. Duration of approval as stock agent 29. Renewal of approval as stock agent Division 3 — Delivery and yarding of stock
30. Times and conditions for delivery of stock 31. Yarding of stock 32. Care of stock 33A. Disposal of ill, injured, disabled or dead
stockDivision 4 — Sale of stock and abandoned stock
33B. Ill, injured or disabled stock not to be
offered for sale33C. No private sale before auction 33D. When stock have to be removed 33E. Abandoned stock
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Contents
Division 5 — Control of vehicles
33F. Safe operation of vehicles within Centre 33G. Driving while under the influence
prohibited33H. Drivers to be licensed 33I. Driver to produce driver’s licence for
inspection33J. Entry and exit of vehicles 33K. Traffic movement within Centre 33L. Speed limits 33M. Regulation of parking 33N. Parking permits 33O. Parking offences 33P. Directions and permissions given by
inspectorDivision 6 — General provisions 33Q. Restrictions on smoking
33R. Disposal of rubbish and dead stock 33S. Consumption of alcohol prohibited 33T. Spitting, urinating etc. except in toilet
prohibited33U. Dogs restricted 33V. Obstructing movement of vehicles, stock
etc. prohibited33W. Restrictions on signs 33X. Inspectors may direct compliance with this
PartDivision 7 — Infringement notices
33Y. Prescribed offences and modified
penalties33ZA. Authorised officers and approved officers 33ZB. Forms 9. Regulations 34A and 34B inserted
34A. Fees for approvals and renewals of
approvals as stock agent34B. Fees for parking permits in Muchea
Livestock Centre10. Regulation 34 amended
11. Regulation 35A inserted
35A. Circumstances in which yard fees reduced
or not payable12. Regulation 36A inserted
36A. Stock treated as yarded for transhipment 13. Schedules 6A and 6B inserted
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Contents
Schedule 6A — Prescribed offences and
modified penalties
Schedule 6B — Forms: infringement notices
14. Schedule 6 amended
Part 2A — Fees for stock agent approvals and
renewals
Part 2B — Muchea Livestock Centre: parking permit
fees
6 December 2011 GOVERNMENT GAZETTE, WA 5155
Western Australian Meat Industry Authority Act 1976
Western Australian Meat Industry Authority
Amendment Regulations 2011
Made by the Governor in Executive Council after consultation with the
Western Australian Meat Industry Authority.1. Citation
These regulations are the Western Australian Meat Industry
Authority Amendment Regulations 2011.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.
3. Regulations amended
These regulations amend the Western Australian Meat Industry
Authority Regulations 1985.
4. Regulation 3 amended
In regulation 3(1) delete the definition of stock agent and insert:
stock agent has the meaning given in regulation 25.
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5. Regulation 4 amended
After regulation 4(2)(c) insert:
(da) in relation to the Muchea Livestock Centre,
assisting in the administration of Part VI; and
6. Various penalties amended
(1) In the provisions listed in the Table in the Penalty delete “$500”
and insert:a fine of $5 000
Table
r. 5(2) r. 6(2) r. 7 r. 8(2) r. 9 r. 10 r. 11(4) r. 13(3) r. 14(3) r. 15 r. 16(2)
(2) In regulation 11(2a) in the Penalty delete “$2 000.” and insert: a fine of $5 000.
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7. Regulation 21 amended
In regulation 21:
(a) delete “Country Slaughterhouse Regulations 1969 apply,” and insert: Food Regulations 2009 Part 5 Division 6 applies,
(b) delete “those regulations.” and insert: that Division.
8. Part VI replaced
Delete Part VI and insert:
Part VI — Muchea Livestock Centre
Division 1 — Preliminary
25. Terms used
In this Part —
disabled, in relation to any stock, includes being in
labour;driver’s licence means —
(a)
an Australian driver licence as defined in the Road Traffic Act 1974 section 5(1); or
(b)
a licence, authorisation or status that is recognised, under the Road Traffic Act 1974, as authorising the holder to drive a motor vehicle in the State;
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heavy vehicle means a motor vehicle with a gross
vehicle mass of more than 4.5 tonnes;
motor vehicle has the meaning given in the Road
Traffic Act 1974 section 5(1);
park, in relation to a motor vehicle, means to permit
the vehicle, whether attended or not, to remainstationary, except for the purpose of —
(a) avoiding conflict with other traffic; or (b)
complying with the provisions of any written law; or
(c)
taking up or setting down persons or goods, as long as the vehicle remains stationary for not more than 2 minutes;
parking area means an area within the Muchea
Livestock Centre that is designated in accordance with
regulation 33M as an area in which the parking of
motor vehicles is permitted, whether with or withoutconditions or restrictions;
parking permit has the meaning given in
regulation 33N(1);
permit holder has the meaning given in
regulation 33N(1);
sign includes a notice;
stand, in relation to a motor vehicle, means to stop the
vehicle and permit it to remain stationary, except forthe purpose of —
(a) avoiding conflict with other traffic; or (b)
complying with the provisions of any written law;
stock agent —
(a)
means a person who has approval under regulation 27 to act as a stock agent; and
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(b) in relation to particular stock, means the stock agent to whom that stock is assigned. Division 2 — Stock agents
26. Stock agents must have Authority approval
A person must not auction stock at the Muchea
Livestock Centre unless that person holds a current
approval as a stock agent under regulation 27.Penalty: a fine of $5 000.
27. Approval of stock agents
(1) The Authority may grant approvals to act as a stock
agent for the purposes of these regulations.(2)
Applications for approval must be made in writing to the Authority and be accompanied by the fee payable under regulation 34A(1), (3) or (4), as the case
requires. (3)
The Authority may grant approvals subject to any conditions or restrictions the Authority thinks fit.
(4) An approval granted to a firm or company extends to
any member or employee of the firm or company who
is an auctioneer as defined in the Auction Sales
Act 1973 section 4 and who holds a general licence
granted under that Act.(5) An approval to act as a stock agent that was granted by
the Authority under these regulations and in force
immediately before the day on which the Western
Australian Meat Industry Authority Amendment
Regulations 2011 regulation 8 comes into operation —
(a)
continues in force on and after that date as if it were granted under subregulation (1); and
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(b)
unless sooner withdrawn, continues in force until the close of 30 June 2012.
(6) An approval to which subregulation (5) applies may be
renewed under regulation 29.28. Duration of approval as stock agent
An approval granted under regulation 27(1), unless
sooner withdrawn, has effect as follows —
(a) if the approval is granted on or after 1 July but on or before 31 December in a year, the approval continues in force until the close of 30 June in the following year, but may be renewed under regulation 29; (b) if the approval is granted on or after 1 January but on or before 30 June in a year, the approval continues in force until the close of 30 June in that year, but may be renewed under
regulation 29.
29. Renewal of approval as stock agent
(1) The Authority may renew an approval to act as a stock
agent.(2) An approval renewed under subregulation (1) has
effect until the close of 30 June in the following year,
unless sooner renewed or withdrawn.(3) An application for the renewal of an approval must be
made in writing to the Authority before the approval
ceases to have effect, and be accompanied by the fee
payable under regulation 34A(1)(b).(4) If an application for the renewal of an approval is made
within 28 days after the day on which the approval
ceased to have effect, and the fee payable under
regulation 34A(1)(b) and the late application fee
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payable under regulation 34A(1)(c) are paid, the event —
(a)
the renewal of the approval is to be taken for all purposes to have taken effect on the day immediately following the day on which the approval ceased to have effect; and
(b)
the approval has effect as if it had been renewed under subregulation (1).
Division 3 — Delivery and yarding of stock
30. Times and conditions for delivery of stock
(1) Stock may be delivered to the Muchea Livestock
Centre at any time unless the Authority restricts stock
delivery times under this regulation.(2)
The Authority may notify the times during which and the conditions under which stock may be delivered to the Centre, and different delivery times and different delivery conditions may be notified for different kinds
of stock. (3) Stock delivery times and conditions must be
notified —
(a)
by signs erected in a conspicuous place at each vehicle entrance to the Muchea Livestock Centre; and
(b) on a website maintained by the Authority; and (c)
at regular intervals determined by the Authority, in a newspaper circulating generally throughout the State.
(4) If the times during which stock may be delivered to the
Muchea Livestock Centre are notified under this
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regulation, a person must not deliver stock of a
particular kind to the Centre other than —
(a)
during the periods when the delivery of stock of that kind to the Centre is permitted by the Authority under this regulation; and
(b)
in accordance with any conditions imposed under this regulation by the Authority in relation to the delivery of stock of that kind to the Centre.
Penalty: a fine of $5 000.
(5) Despite subregulation (4), if an inspector is satisfied
that it is not practicable in the particular circumstances
for stock to be delivered to the Muchea Livestock
Centre during the times notified under this regulation,
the inspector may permit the delivery of stock to the
Centre outside those times and (if the inspector
considers appropriate) other than in accordance with
any conditions imposed under this regulation.(6) Nothing done or omitted by a person in compliance
with a permission granted by an inspector under
subregulation (5) constitutes an offence against
subregulation (4).31. Yarding of stock
A person delivering stock to the Muchea Livestock
Centre must place the stock in pens or yards as directed
by the Authority.Penalty: a fine of $5 000.
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32. Care of stock
(1) If stock is yarded in the Muchea Livestock Centre, the
stock agent (or the owner if there is no stock agent)
must —
(a)
ensure that the stock has access to sufficient water for drinking; and
(b)
comply with any directions given by the Authority in relation to the care, feeding or watering of the stock.
Penalty: a fine of $5 000.
(2) If the Authority reasonably considers that stock yarded
in the Muchea Livestock Centre requires watering,
feeding, care (for example, assistance with giving
birth) or treatment, the Authority may water or feed the
stock or, as the case requires, provide the stock with
care or treatment.(3) The costs incurred by the Authority in watering or
feeding stock or providing stock with care or treatment
in accordance with subregulation (2) —
(a)
are a debt due to the Authority by the stock agent (or the owner if there is no stock agent); and
(b)
may be sued for and recovered in a court of competent jurisdiction.
33A. Disposal of ill, injured, disabled or dead stock
(1) If any stock delivered to the Muchea Livestock Centre
is ill, injured or disabled, or becomes ill, injured or
disabled while yarded, the stock agent (or the owner if
there is no stock agent) must, as soon as practicable —
(a)
remove the stock from the Centre, if the stock is fit to be transported; or
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(b) cause the stock to be destroyed; or (c)
request the Authority to take charge of the stock and to decide how the stock is to be dealt with (which may include destruction of the stock).
Penalty: a fine of $5 000.
(2) The Authority may destroy ill, injured or disabled stock
in any of the following circumstances —
(a)
if the stock agent or, as the case requires, the owner does not comply with subregulation (1) in relation to the stock;
(b)
if the stock agent or owner requests the Authority to destroy the stock;
(c)
in circumstances in which the Authority would be obliged or permitted under the Animal Welfare Act 2002 to destroy the stock without delay.
(3) If any stock delivered to the Muchea Livestock Centre
is dead, or dies or is destroyed while yarded, the
Authority must dispose of the stock.(4)
The costs incurred by the Authority in destroying or disposing of stock under subregulation (2) or (3) —
(a)
are a debt due to the Authority by the stock agent (or the owner if there is no stock agent); and
(b)
may be sued for and recovered in a court of competent jurisdiction.
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Division 4 — Sale of stock and abandoned stock
33B. Ill, injured or disabled stock not to be offered for
saleA person must not offer ill, injured or disabled stock
for sale at the Muchea Livestock Centre.Penalty: a fine of $5 000. 33C. No private sale before auction A person must not sell stock at the Muchea Livestock
Centre by private sale without first submitting the stock
for auction at the Centre.Penalty: a fine of $5 000. 33D. When stock have to be removed
(1) Stock yarded in the Muchea Livestock Centre for sale
may remain yarded —
(a)
in the case of calves, until 1 p.m. on the day on which the stock is offered for sale; or
(b)
in the case of any other stock, until 6 a.m. on the day after the stock is offered for sale.
(2)
If any stock remains yarded after the time applicable under subregulation (1), the Authority may move the stock to —
(a) another part of the Centre; or (b)
some other place within a reasonable distance from the Centre.
(3)
If the Authority reasonably considers that stock moved under subregulation (2) requires watering, feeding, care (for example, assistance with giving birth) or treatment, the Authority may water or feed the stock or, as the
case requires, provide the stock with care or treatment.
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(4) The costs incurred by the Authority in moving stock
under subregulation (2), or in watering or feeding stock
or providing stock with care or treatment in accordance
with subregulation (3) —
(a)
are a debt due to the Authority by the owner; and
(b)
may be sued for and recovered in a court of competent jurisdiction.
33E. Abandoned stock
(1) For the purposes of this regulation, stock is regarded as
abandoned if —
(a) it remains uncollected from the Muchea Livestock Centre, or the place to which it was moved under regulation 33D(2), for more than 2 weeks — (i) if it was yarded for sale, after the date on which it was last offered for sale; or
(ii) if it was yarded for transhipment, after it was delivered to the Centre;
and
(b)
the Authority, after making reasonable efforts, is unable to identify the owner of the stock.
(2) The Authority may sell abandoned stock and retain the
proceeds of sale.(3) The Authority must first submit abandoned stock for
auction before selling the stock by private sale.(4) If, within 3 months after the date of the sale of
abandoned stock under subregulation (2), a person
satisfies the Authority that the person was the owner of
the stock immediately before the sale, the Authority
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must pay that person an amount equal to the proceeds
of the sale after deducting —
(a) the costs reasonably incurred by the Authority in — (i) moving the stock under regulation 33D(2); and
(ii) watering or feeding the stock or providing the stock with care or treatment in accordance with
regulation 33D(3); and
(iii) watering or feeding the stock or providing the stock with care or treatment while the stock is regarded as
abandoned; and
(iv) selling the stock;
and
(b) any fees payable under regulation 34 or 36A. Division 5 — Control of vehicles
33F. Safe operation of vehicles within Centre
(1) A person must not drive a motor vehicle in the Muchea
Livestock Centre without due care and attention.Penalty: a fine of $600. (2) A person must not drive a motor vehicle in the Muchea
Livestock Centre in a manner which, having regard to
all the circumstances, is dangerous to any person.Penalty: a fine of $800.
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33G. Driving while under the influence prohibited
(1) In this regulation — dentist means a person registered under the Health
Practitioner Regulation National Law (Western
Australia) in the dental profession whose name is
entered on the Dentists Division of the Register of
Dental Practitioners kept under that Law;drug has the meaning given in the Road Traffic
Act 1974 section 65;medical practitioner means a person registered under
the Health Practitioner Regulation National Law
(Western Australia) in the medical profession;nurse practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) whose name is entered on the Register of
Nurses kept under that Law as being qualified to practise as a nurse practitioner.
(2)
A person must not drive a motor vehicle in the Muchea Livestock Centre while under the influence of alcohol, drugs or both alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle.
Penalty: a fine of $1 000. (3) In any proceedings for an offence against this
regulation, if it is alleged or appears on the evidence
that the accused was under the influence of drugs
alone, it is a defence for the accused to prove —
(a) that those drugs were —
(i) accordance with a prescription of a
taken for therapeutic purposes in or dentist; or
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(ii) administered for therapeutic purposes
by a medical practitioner, nurse
practitioner or dentist;
and
(b) reasonably have been expected to be aware,
that the accused was not aware, and could not accused incapable of having proper control of a motor vehicle.
33H. Drivers to be licensed A person must not drive a motor vehicle in the Muchea
Livestock Centre unless that person is the holder of a
current valid driver’s licence that, under the Road
Traffic Act 1974, entitles the person to drive that motor
vehicle on a road.Penalty: a fine of $800. 33I. Driver to produce driver’s licence for inspection
(1)
If requested by an inspector, a person driving a motor vehicle in the Muchea Livestock Centre must produce the person’s driver’s licence for inspection by the
inspector. Penalty: a fine of $200. (2) Despite subregulation (1), it is not an offence under
that subregulation if the person subsequently produces
the person’s driver’s licence to an inspector within one
week from the day on which the request was made.
33J. Entry and exit of vehicles
(1) The Authority may, by erecting signs, or painting
marks on roadways, or both, designate places to be
used by motor vehicles entering or leaving the Muchea
Livestock Centre.
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(2) A place may be designated —
(a) as both an entrance and an exit; or (b) solely as an entrance; or (c) solely as an exit.
(3) A person must not drive a motor vehicle into the
Muchea Livestock Centre other than at a place
designated under subregulation (1) for use by motor
vehicles entering the Centre.Penalty: a fine of $250. (4) A person must not drive a motor vehicle out of the
Muchea Livestock Centre other than at a place
designated under subregulation (1) for use by motor
vehicles leaving the Centre.Penalty: a fine of $250.
33K. Traffic movement within Centre
(1) The Authority may, by erecting signs, or painting
marks on roadways, or both, indicate the direction or
path to be followed by motor vehicles in any part of the
Muchea Livestock Centre.(2)
A person must not drive a motor vehicle within the Muchea Livestock Centre except in the direction or following the path indicated in accordance with
subregulation (1) for the part of the Centre where the
driving occurs.Penalty: a fine of $250.
33L. Speed limits
(1) The Authority may, by erecting signs, or painting
marks on roadways, or both, indicate maximum speed
limits for motor vehicles within the Muchea Livestock
Centre or within particular parts of the Centre.
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(2) A person must not drive a motor vehicle within the
Muchea Livestock Centre at a speed in excess of the
maximum speed limit indicated in accordance with
subregulation (1) for the part of the Centre where the
driving occurs.Penalty: a fine of $250.
33M. Regulation of parking
(1) The Authority may, by erecting signs, or painting
marks on roadways or other parts of the Muchea
Livestock Centre, or both, do all or any of the
following —
(a)
designate areas in the Centre in which the parking of motor vehicles is permitted;
(b)
designate areas in the Centre in which the parking of motor vehicles of a particular class is permitted;
(c)
designate areas in the Centre in which the parking of motor vehicles used by a particular person or class of persons is permitted;
(d)
designate areas in the Centre in which the standing of motor vehicles is prohibited;
(e)
designate areas in the Centre in which the parking of motor vehicles is prohibited.
(2) When designating an area in accordance with
subregulation (1), the Authority may also do all or any
of the following —
(a)
determine conditions or restrictions under which parking in the area is permitted;
(b)
determine the manner in which parking in the area is permitted;
(c)
determine times at which parking or standing in the area is permitted or prohibited;
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(d)
determine the maximum period for which parking in the area is permitted.
(3)
The signs or marks used to designate an area in accordance with subregulation (1) must clearly indicate —
(a)
the particular designation given to that area; and
(b)
any conditions, restrictions and other matters determined in relation to the area in accordance with subregulation (2).
33N. Parking permits
(1) The Authority may issue a sticker or other
identification card (a parking permit) to any person (a
permit holder) for whom a parking area in the Muchea
Livestock Centre has been designated in accordance
with regulation 33M(1)(b) or (c).(2) Applications for a parking permit must be made in
writing to the Authority, and be accompanied by the
fee payable under regulation 34B.(3) The Authority may issue parking permits subject to any
conditions or restrictions the Authority thinks fit.(4) Unless a parking permit is sooner cancelled in
accordance with its conditions —
(a)
a parking permit for a heavy vehicle is valid for one month beginning on the date stated on the permit;
(b)
a parking permit for any other type of motor vehicle is valid for one year beginning on the date stated on the permit.
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33O. Parking offences
(1) A person must not, in the Muchea Livestock Centre,
park or stand a motor vehicle in a place contrary to any
sign erected, or marking made, under regulation 33M.Penalty: a fine of $250. (2)
A person must not, in the Muchea Livestock Centre, park a motor vehicle in a place that is not designated under regulation 33M as a parking area.
Penalty: a fine of $250. (3) A permit holder must not, within the Muchea Livestock
Centre, park a motor vehicle in a parking area other
than in accordance with, or contrary to, any condition
or restriction applying to the person’s parking permit.Penalty: a fine of $250. (4)
A permit holder who parks a motor vehicle in a parking area within the Muchea Livestock Centre in accordance with the person’s parking permit must display the
person’s parking permit on that vehicle while it
remains parked in that area.Penalty: a fine of $250. (5) A permit holder who parks a motor vehicle in a parking
area within the Muchea Livestock Centre must, if
requested by an inspector, produce the person’s
parking permit for inspection by the inspector.Penalty: a fine of $200.
33P. Directions and permissions given by inspector
(1) Despite the other provisions of this Division, an
inspector may do any of the following —
(a)
direct or permit a person who wishes to park or stand a motor vehicle in the Muchea Livestock
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Centre to park or stand the vehicle in a place nominated by the inspector, whether or not parking or standing the vehicle in that place is lawful;
(b) direct or permit the driver of a motor vehicle in the Muchea Livestock Centre to position the vehicle in a particular position; (c) direct the driver or other person in control of a motor vehicle in the Muchea Livestock Centre to move the vehicle from a particular place, whether or not the vehicle is lawfully parked or
standing in that place;(d) who wishes to enter or leave the Muchea
Livestock Centre to enter or leave the Centredirect or permit the driver of a motor vehicle regulation 33J.
(2) A person who does not comply with a direction given
by an inspector under subregulation (1) commits an
offence.Penalty: a fine of $500. (3)
Nothing done or omitted by a person in compliance with a direction given, or permission granted, by an inspector under subregulation (1) constitutes an offence
against any provision of this Division. Division 6 — General provisions
33Q. Restrictions on smoking
(1)
The Authority may, by erecting signs, designate areas of the Muchea Livestock Centre where smoking is not permitted and areas where smoking is permitted.
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(2) A person must not smoke in an area of the Muchea
Livestock Centre that is designated under
subregulation (1) as a no smoking area.Penalty: a fine of $500. (3) This regulation does not allow the Authority to permit
smoking in contravention of the Occupational Safety
and Health Regulations 1996 or the Tobacco Products
Control Regulations 2006.
33R. Disposal of rubbish and dead stock
(1) In this regulation — litter includes all kinds of rubbish, refuse, junk,
garbage or scrap.(2) A person must not deposit litter within the Muchea
Livestock Centre unless the litter is deposited in a place
or receptacle provided for that purpose.Penalty: a fine of $400. (3) A person must not deposit any dead or dying stock
within the Muchea Livestock Centre unless the stock is
deposited in an area designated by the Authority for
that purpose.Penalty: a fine of $1 000.
33S. Consumption of alcohol prohibited
(1) In this regulation — liquor has the meaning given in the Liquor Control
Act 1988 section 3(1).(2) A person must not consume liquor in the Muchea
Livestock Centre.Penalty: a fine of $400.
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33T. Spitting, urinating etc. except in toilet prohibited
(1) A person must not, within the Muchea Livestock
Centre, without reasonable excuse, spit except in a
toilet facility provided by the Authority.Penalty: a fine of $100. (2) A person must not, within the Muchea Livestock
Centre, urinate or defecate except in a toilet facility
provided by the Authority.Penalty: a fine of $1 000.
33U. Dogs restricted
(1)
A person who brings a dog into the Muchea Livestock Centre must ensure that, at all times while the dog is in the Centre, the dog is —
(a) tied up; or
(b)
confined completely within a vehicle or cage; or
(c)
restrained in some other way so as to prevent it from wandering within the Centre.
Penalty: a fine of $1 000.
(2) Subregulation (1) does not apply to any of the
following dogs —
(a)
a sheepdog, while the sheepdog is working sheep within the Centre;
(b)
a guide dog or hearing dog accompanying its owner;
(c)
a dog that is trained to assist a person to alleviate the effect of a disability that the person has and that is accompanying its owner;
(d)
a dog that is working with a police officer on duty.
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(3) While a person is using a sheepdog within the Centre
to work sheep, the person must ensure that the dog is at
all times —(a) muzzled; and
(b) under the person’s effective control.
Penalty: a fine of $1 000.
33V. Obstructing movement of vehicles, stock etc.
prohibited
(1) A person must not, without the prior approval of the
Authority, place or leave anything within the Muchea
Livestock Centre in a manner that obstructs, or is
reasonably likely to obstruct, the movement of
vehicles, stock or pedestrians into, out of or within the
Centre.Penalty: a fine of $300. (2) If anything is placed or left within the Centre in
contravention of subregulation (1), the Authority may
cause the thing to be moved to the extent reasonably
necessary to remove the obstruction.(3) The costs incurred by the Authority in moving an
obstruction in accordance with subregulation (2) —
(a)
are a debt due to the Authority by the person responsible for causing the obstruction; and
(b)
may be sued for and recovered in a court of competent jurisdiction.
(4) Nothing in subregulation (2) limits or affects any right,
power, authority or remedy that the Authority has
under any written law or at common law or in equity in
respect of anything placed or left within the Centre.
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33W. Restrictions on signs
(1) A person must not, without the prior written approval
of the Authority, erect on, or affix to, any part of the
Muchea Livestock Centre any sign.Penalty: a fine of $500. (2) If any sign is erected on, or affixed to, any part of the
Centre in contravention of subregulation (1), the
Authority may cause the sign to be removed and
disposed of as the Authority thinks fit.
33X. Inspectors may direct compliance with this Part
(1)
If an inspector believes on reasonable grounds that a person is contravening any provision of this Part, the inspector may direct that person —
(a)
to take whatever steps the inspector reasonably considers necessary to comply with the provision and specifies in the direction; and
(b)
to take those steps within the time specified in the direction.
(2) If an inspector gives a direction under this regulation to
a person, the inspector must record the direction in
writing and give a copy to the person as soon as
practicable.(3)
A person who, without reasonable excuse, does not comply with a direction given by an inspector under subregulation (1) within the time specified by the
inspector commits an offence. Penalty: a fine of $5 000. (4) The fact that an inspector gives a direction to a person
under this regulation does not affect any liability that
the person may have incurred in respect of any
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non-compliance with, or contravention of, these
regulations or any other written law.
Division 7 — Infringement notices
33Y. Prescribed offences and modified penalties
(1) The offences listed in Schedule 6A are offences for
which an infringement notice may be issued under the
Criminal Procedure Act 2004 Part 2.(2) The modified penalty specified opposite an offence
listed in Schedule 6A is the modified penalty for that
offence for the purposes of the Criminal Procedure
Act 2004 section 5(3).
33ZA. Authorised officers and approved officers
(1)
The chief executive officer of the Authority may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the
purposes of the Criminal Procedure Act 2004 Part 2. (2) The chief executive officer of the Authority must issue
to each authorised officer a certificate, badge or
identity card identifying the officer as a person
authorised to issue infringement notices.
33ZB. Forms
The forms set out in Schedule 6B are prescribed in
relation to the matters specified in those forms.
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9. Regulations 34A and 34B inserted
After regulation 33 insert:
34A. Fees for approvals and renewals of approvals as
stock agent
(1) The fees set out in Schedule 6 Part 2A are payable in
respect of —
(a) the grant of an approval to act as a stock agent; (b)
the renewal of an approval to act as a stock agent;
(c)
a late application for renewal of an approval to act as a stock agent.
(2) Despite subregulation (1), if the duration of an
approval to act as a stock agent, when granted, will be
11 months or less, the fee payable is to be determined
in accordance with subregulation (3) or (4), as the case
requires.(3) The fee payable for the grant of an approval, if the
duration of the approval will be one month or more, is
the amount calculated in accordance with the following
formula —
A B 12
where —
A is the fee payable under subregulation (1)(a);
andB is the number of whole months for which the
approval is to be granted.
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(4) The fee set out in Schedule 6 Part 2A is payable for the
grant of an approval, if the duration of the approval
will be less than one month.
34B. Fees for parking permits in Muchea Livestock
CentreThe fees set out in Schedule 6 Part 2B are payable in
respect of the issue of parking permits under
regulation 33N.
10. Regulation 34 amended
(1) After regulation 34(1) insert: (2A) A fee is payable under subregulation (1) whether the
stock is sold by auction or by private sale.(2) Delete regulation 34(2)(a) and insert:
(a)
in respect of stock yarded for transhipment in the Muchea Livestock Centre; and
(3) In regulation 34(3A) after “transhipment” insert: in the Muchea Livestock Centre
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11. Regulation 35A inserted
After regulation 34 insert:
35A. Circumstances in which yard fees reduced or not
payable
(1) If more than 2 000 sheep or more than 2 000 lambs are
submitted for sale at the Muchea Livestock Centre on
behalf of a single vendor at the same scheduled sheep
sale or lamb sale, the fee payable under
regulation 34(1) in respect of that stock is reduced
by 50%.(2) If more than 500 cattle or more than 500 calves are
submitted for sale at the Muchea Livestock Centre on
behalf of a single vendor at the same scheduled cattle
sale or calves sale, the fee payable under
regulation 34(1) in respect of that stock is reduced
by 50%.(3) If more than 120 cattle or more than 600 sheep are
submitted for sale at the Muchea Livestock Centre on
behalf of a single vendor at the same scheduled cattle
sale or sheep sale, the fee payable under
regulation 34(1) in respect of that stock is reduced
by 50% if the Authority is satisfied that —
(a)
the stock is being submitted for sale because of exceptional circumstances (for example, drought, flood, bushfire or some other natural disaster, or market crisis or collapse); and
(b)
it is appropriate that the fee otherwise payable be reduced.
(4) Subregulations (1) to (3) apply whether the sheep,
lambs, cattle or calves are offered for sale as one lot or
in 2 or more lots.
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(5) No fee is payable under regulation 34(1) in respect of
stock offered for sale by auction at the Muchea
Livestock Centre if the Authority is satisfied that the
proceeds of the sale of that stock are to be donated to
charity.
12. Regulation 36A inserted
After regulation 35 insert:
36A. Stock treated as yarded for transhipment
(1) For the purposes of regulations 34 and 35, stock that
remains yarded after the time referred to in
regulation 33D(1) and applicable to that stock is to be
treated as if it were yarded for transhipment for the
period beginning at that time and ending when the
owner or purchaser takes possession of the stock or the
stock is sold under regulation 33E, whichever is the
later.(2)
For the purposes of regulations 34 and 35, stock that is yarded for more than 2 days before the day on which it is offered for sale is to be treated as if it were yarded
for transhipment for the period in excess of those
2 days.
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13. Schedules 6A and 6B inserted
After Schedule 5 insert:
Schedule 6A — Prescribed offences and
modified penalties
[r. 33Y]
Offences under Western Australian Meat Industry Authority Modified Regulations 1985 penalty r. 33B Offering ill, injured or disabled stock for sale at
Muchea Livestock Centre ....................................... $200 r. 33C Selling stock at Muchea Livestock Centre by private sale without first submitting stock for
auction .................................................................... $200 r. 33H Driving motor vehicle in Muchea Livestock
Centre without current valid driver’s licence ......... $160 r. 33I(1) Failing to produce driver’s licence within one
week after request by inspector, or at all ................ $40 r. 33J(3) Entering Muchea Livestock Centre in vehicle
through non-approved entrance .............................. $50 r. 33J(4) Exiting Muchea Livestock Centre in vehicle
through non-approved exit ..................................... $50 r. 33K(2) Driving motor vehicle in Muchea Livestock Centre contrary to traffic movement sign or road
marking .................................................................. $50 r. 33L(2) Driving motor vehicle in Muchea Livestock
Centre in excess of maximum speed limit .............. $50 r. 33O(1), Offences relating to parking or standing of motor (2) and (3)
vehicle in Muchea Livestock Centre ...................... $50 r. 33O(4) Failing to display parking permit on motor
vehicle .................................................................... $50 r. 33O(5) Failing to produce parking permit at request of
inspector ................................................................. $40
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Offences under Western Australian Meat Industry Authority Modified Regulations 1985 penalty r. 33P(2) Failing to comply with direction given by
inspector in relation to motor vehicle ..................... $100 r. 33Q(2) Smoking in no smoking area ..................................$100 r. 33R(2) Littering ..................................................................$80 r. 33R(3) Depositing dead or dying stock in undesignated
area of Muchea Livestock Centre ........................... $200 r. 33S(2) Consuming liquor in Muchea Livestock Centre .....$80 r. 33T(1) Spitting other than in toilet facility .........................$20 r. 33T(2) Urinating or defecating other than in toilet facility $200 r. 33U(1) Offences relating to dogs in Muchea Livestock and (3)
Centre ..................................................................... $200 r. 33V(1) Obstructing movement of vehicles, stock or
pedestrians .............................................................. $60 r. 33W(1) Erecting or affixing sign without permission .........$100 r. 33X(3) Failing to comply with direction given by
inspector ................................................................. $100 Schedule 6B — Forms: infringement notices
[r. 33ZB]
Form 8.1 — Infringement notice
Western Australian Meat Industry Authority Act 1976 Infringement Infringement notice notice No. Alleged Name: Family name offender Given names
or Company name ___________________________ ACN
Address: _______________________________________
Postcode
Date of birth Male/Female
Driver’s No.: State/Country:
licence Type: Class(es): Expiry date:
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Vehicle Plate No. State: details (if Licence Vin/Chassis alleged expiry date No. offence Make Colour relates to vehicle) Body type
Description Date: / /20 Time: a.m./p.m. of alleged Place offence Details of offence:
Law Western Australian Meat Industry contravened Authority Regulations 1985 r.
Modified The modified penalty for the alleged offence is $ penalty Officer Name: issuing Signature: notice Office: Date
Date of notice: / /20 Notice to Important information alleged
It is alleged that you have*/the driver or person in charge person for the vehicle (which can be done by securely attaching the notice to the vehicle), then in the absence
offender of the above vehicle has* committed the above offence.
If you do not want to be prosecuted in court for the
offence, pay the modified penalty within 28 days after the
date of this notice.
If you consider that you have good reason to have this
notice withdrawn, you can write to the Chief Executive
Officer, Western Australian Meat Industry Authority, at
the address below requesting that this notice be withdrawn
and setting out the reasons why you consider that this
notice should be withdrawn. Your letter must be
received not later than 28 days after the date of this
notice.
* If this notice has been served on you as a responsible
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of evidence to the contrary, you are presumed to have
been the driver or person in charge of the vehicle at the
time of the offence unless, within 28 days after the dateof this notice —
(a) the modified penalty is paid; or (b)
you inform the officer who issued this notice that you were not the driver or person in charge of the vehicle at the time of the offence and you supply that officer —
(i)
with the name and address of the driver or person in charge of the vehicle at that time; or
(ii)
with information showing that at that time the vehicle had been stolen or unlawfully taken or was being unlawfully used.
The Criminal Procedure Act 2004 section 11 sets out
when a person is responsible for a vehicle. The current
licence holder of the vehicle will usually be responsible,
but someone else may be responsible in the circumstances
set out in that section.* Delete whichever is not applicable.
How to pay
Tick the relevant box below and post this notice to:
Chief Executive Officer
Western Australian Meat Industry Authority
PO Box 1434Midland WA 6936
❑ I want to pay the modified penalty. A cheque
(payable to ‘Western Australian Meat Industry
Authority’) for the modified penalty is enclosed.❑ I want to pay the modified penalty by using a credit
card. The credit card details are —Paying the modified penalty will not be taken to be an admission for the purposes of any civil or criminal court case.
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If you do not pay the modified penalty within 28 days,
you may be prosecuted for the alleged offence or
enforcement action may be taken under the Fines,
Penalties and Infringement Notices Enforcement Act 1994
to recover the modified penalty. If enforcement action istaken under that Act —
additional administrative charges may be incurred;
and action may be taken to suspend your driver’s licence
or vehicle licence until you have paid in full the
modified penalty and any additional charges; and you will be given an opportunity to elect to have a
prosecution notice for the alleged offence dealt with
by a court.Payments after the due date can only be made with a final demand letter, which incurs an additional enforcement fee.
If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Chief Executive Officer, Western Australian Meat Industry
Authority, at the above address.
If you want this matter to be dealt with by prosecution in court, tick this box ❑ sign and date this notice and post it to the Chief Executive Officer, Western Australian Meat Industry Authority, at the above address within 28 days
after the date of this notice.
Signature: …..……………………….. / /20
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Form 8.2 — Withdrawal of infringement notice
Western Australian Meat Industry Authority Act 1976 Withdrawal notice Withdrawal of infringement notice No. Alleged Name: Family name offender Given names
or Company name ____________________________ CAN
Address: _______________________________________
Postcode
Infringement Infringement notice No.: notice
Date of issue: / /20 Description
Date: / /20 Time: a.m./p.m. of alleged Place: offence Details of offence:
Law Western Australian Meat Industry contravened Authority Regulations 1985 r. Approved Name: officer Signature: withdrawing notice Office: Date
Date of withdrawal: / /20 Withdrawal The above infringement notice, which was issued for the of above alleged offence, has been withdrawn. infringement If you have already paid the modified penalty for the notice alleged offence, you are entitled to a refund. [* delete * Your refund is enclosed. whichever is not applicable] or
* If you have paid the modified penalty but a refund is notenclosed, to claim your refund sign and date this notice
and post it to:
Chief Executive Officer
Western Australian Meat Industry Authority
PO Box 1434Midland WA 6936
Signature: ………………………………. / /20
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14. Schedule 6 amended
(1) Delete the reference after the heading to Schedule 6 and insert: [r. 33, 34A, 34B and 34] (2) After Schedule 6 Part 1 insert: Part 2A — Fees for stock agent approvals and renewals 1.
Application for approval to act as stock agent ........... $200 2. Annual fee for renewal of approval to act as stock
agent ........................................................................... $200 3. Late application fee for renewal of approval to act as
stock agent ................................................................. $20 4. Application for approval to act as stock agent, where
duration of approval less than one month .................. $15 Part 2B — Muchea Livestock Centre: parking permit fees
1. Monthly fee for parking permit for heavy vehicle ..... $275 2. Annual fee for parking permit for any other type of motor vehicle ............................................................. $200
By Command of the Governor,
R. KENNEDY, Clerk of the Executive Council.
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