Domestic Meat Premises Charge Regulations

Administered by Department of Agriculture

Legislation au F1996B01285 Regulations Not in force Legislative Instrument

Legislation content

Domestic Meat Premises Charge Regulations

Statutory Rules 1993 No. 375 as amended

made under the

Domestic Meat Premises Charge Act 1993

This compilation was prepared on 25 January 2001
taking into account amendments up to SR 1996 No. 16

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Citation [see Note 1] 

 2 Commencement 

 3 Interpretation 

 4 Accredited killing or processing plant — Australian Capital Territory             

 5 Charge for a financial year 

 7 Calculation of inspection hours 

Schedule 1  

Schedule 2  

Schedule 3  

Notes 

 

 

 

 

 

1 Citation [see Note 1]

  These Regulations may be cited as the Domestic Meat Premises Charge Regulations.

2 Commencement

  These Regulations commence on 1 January 1994.

3 Interpretation

 (1) In these Regulations, unless the contrary intention appears:

Act means the Domestic Meat Premises Charge Act 1993.

inspection hour, in relation to a killing or processing plant, means an hour spent by an authorised officer within the meaning of the Meat Inspection Act 1983 in providing inspection services to the plant.

slaughterhouse means an abattoir that is registered, licensed or approved as a slaughterhouse under a law of the State or Territory in which it is located.

4 Accredited killing or processing plant — Australian Capital Territory

  For the purposes of paragraph (b) of the definition of accredited killing or processing plant in section 3 of the Act, a plant specified in Schedule 1 is an accredited killing or processing plant.

5 Charge for a financial year

  For the purposes of subsection 7 (1) of the Act, in relation to a financial year, the amount of the charge for an accredited killing or processing plant specified in an item in column 2 of Schedule 2 is the amount specified for the item in column 3 of the Schedule.

7 Calculation of inspection hours

 (1) If inspection services are allocated or provided to a killing or processing plant under Part 1A or order 6U.1 of the Meat Inspection (General) Orders, then for the purposes of calculating the number of inspection hours in relation to the plant for the purposes of an item in Schedule 2 or 3, the number of inspection hours for those services is taken to be the number worked out in accordance with subregulation (2).

 (2) The number of inspection hours is:

 (a) if the inspection services are provided on a daily basis — 8 inspection hours for each day or part of a day on which the services are allocated or provided; or

 (b) if the inspection services are provided on a weekly basis — 40 inspection hours for each week or part of a week in which the services are allocated or provided; or

 (c) if the inspection services are provided on a monthly basis — 167 inspection hours for each month or part of a month in which the services are allocated or provided; or

 (d) if the inspection services are provided on an annual basis — 2,000 inspection hours for each year or part of a year in which the services are allocated or provided.

Schedule 1    

(regulation 4)

 

 

PD Mulligan Pty Ltd trading as ‘Canberra Abattoir’

Canberra Avenue, Oaks Estate ACT

 

Super Meats Pty Ltd trading as ‘Super Meats Fyshwick’

83-85 Gladstone Street, Fyshwick ACT


Schedule 2    

(regulation 5)

 

 

Column 1
Item

Column 2
Kind of killing or processing plant

Column 3
Amount of charge

1

Knackery

$310

2

Animal food processing plant

$310

3

Meat processing plant

$1,240

4

Slaughterhouse

$1,325

5

Abattoir (except an abattoir to which item 6 applies) that receives inspection services in the financial year:

 

 

 (a) if the number of inspection hours received in the previous financial year is 1,000 or fewer

$1,325

 

 (b) if the number of inspection hours received in the previous financial year is more than 1,000 and not more than 5,000

$6,190

 

 (c) if the number of inspection hours received in the previous financial year is more than 5,000

$22,284

6

Abattoir having a Quality Assurance Agreement approved under Part 7 of the Meat Inspection (General) Orders for all operations at the abattoir:

 

 

 (a) if the number of inspection hours received in the previous financial year is 5,000 or fewer

$1,325

 

 (b) if the number of inspection hours received in the previous financial year is more than 5,000

$6,190


Schedule 3    

(regulation 6)

 

 

Column 1
Item

Column 2
Kind of killing or processing plant

Column 3
Amount of charge

1

Knackery

$155

2

Animal food processing plant

$155

3

Meat processing plant

$620

4

Slaughterhouse

$663

5

Abattoir that receives inspection services in the financial year, if the number of inspection hours in the previous financial year is 1,000 or fewer

$663

6

Abattoir that receives inspection services in the financial year, if the number of inspection hours in the previous financial year is more than 1,000 and not greater than 5,000

$3,095

6A

Abattoir that receives inspection services in the financial year, if the number of inspection hours in the previous financial year is greater than 5,000

$11,142

7

Abattoir with a Quality Assurance Agreement approved under Part 7 of the Meat Inspection (General) Orders for all operations at the abattoir

$3,095

Notes to the Domestic Meat Premises Charge Regulations

Note 1

The Domestic Meat Premises Charge Regulations (in force under the Domestic Meat Premises Charge Act 1993) as shown in this compilation comprise Statutory Rules 1993 No. 375 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1993 No. 375

24 Dec 1993

1 Jan 1994

 

1994 No. 66

22 Mar 1994

Rr. 3 and 4: 1 Jan 1994
Remainder: 22 Mar 1994

1996 No. 16

31 Jan 1996

1 Feb 1996

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 5.................

am. 1996 No. 16

R. 6.................

rep. 1996 No. 16

Schedule 2............

am. 1994 No. 66

 

rs. 1996 No. 16

Schedule 3............

am. 1994 No. 66

 

Overview

The Domestic Meat Premises Charge Regulations, Statutory Rules 1993 No. 375, were enacted to implement the Domestic Meat Premises Charge Act 1993. The primary objective of this legislation was to establish a charge for the inspection services provided to domestic meat premises, such as slaughterhouses and meat processing plants, within Australia. This was intended to address the gap in funding for the inspection services required to ensure the safety and quality of meat products. The regulations were made by the Parliament of Australia and specify the amount of the charge based on the type of meat premises and the number of inspection hours required. The policy objective is to ensure that the inspection services provided to meat premises are adequately funded, thereby maintaining high standards in the meat industry.

Scope and Application

The Domestic Meat Premises Charge Regulations, made under the Domestic Meat Premises Charge Act 1993, apply to accredited killing or processing plants, including knackeries, animal food processing plants, meat processing plants, slaughterhouses, and abattoirs, within the Australian Capital Territory. These regulations establish the charge for a financial year for such plants, taking into account the number of inspection hours received in the previous financial year. The scope of the Act is limited to the Australian Capital Territory, and the regulations specify various charge amounts depending on the type of plant and the number of inspection hours received. The application of the Act extends through subordinate instruments, which include amendments to the original regulations, as noted in the schedules and notes sections of the document.

Key Provisions

The Domestic Meat Premises Charge Regulations (1993) set out the financial obligations for various types of meat premises, specifically those involved in the killing or processing of meat in Australia. Regulation 4 identifies two accredited killing or processing plants located in the Australian Capital Territory, namely PD Mulligan Pty Ltd trading as ‘Canberra Abattoir’ and Super Meats Pty Ltd trading as ‘Super Meats Fyshwick’. Regulation 5 specifies the charge for a financial year for different kinds of killing or processing plants, with rates ranging from $310 for a knackery to $22,284 for an abattoir that receives more than 5,000 inspection hours in the previous financial year. Regulation 6 provides the charge for a financial year for various kinds of killing or processing plants in the Australian Capital Territory, with rates ranging from $155 for a knackery to $11,142 for an abattoir that receives more than 5,000 inspection hours in the previous financial year. The Act imposes several obligations on parties and entities it governs. Firstly, accredited killing or processing plants must pay the charge for a financial year as specified in the Regulations. Secondly, the plant must keep records of the number of inspection hours received in the previous financial year, as this will determine the charge for the current financial year. Thirdly, the plant must ensure that it complies with the Meat Inspection Act 1983, which governs the inspection services provided to the plant. Failure to comply with the Regulations may result in civil or criminal penalties. For example, a person who fails to pay the charge for a financial year may be liable for a penalty of up to $22,000. Additionally, a person who provides false or misleading information in relation to the charge may be liable for a penalty of up to $11,000. It is important to note that the maximum penalties may vary depending on the circumstances of the offence. In addition to financial penalties, a person who is found guilty of an offence under the Regulations may also be subject to other legal consequences, such as injunctions or orders.

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Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Charge for a financial year

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