MEAT EXPORT CONTROL.
No. 52 of 1935.
An Act relating to the Export of Meat.
[Assented to 6th December, 1935.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Meat Export Control Act 1935.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Repeal.
3. The Meat Industry Encouragement Act 1924 is repealed.
Definitions.
4. In this Act, unless the contrary intention appears—
“edible offal” means any edible portion, other than the flesh, of cattle, sheep or pigs;
“meat” means the flesh, whether fresh or preserved, of cattle, sheep or pigs;
“Meat Advisory Committee” means a body established in a State by arrangement between the Minister and the Government of the State for the purpose of advising on matters relating to the meat industry of that State;
“Meat Exporters Association” means any association established in a State which, in the opinion of the Minister, is an association representative of meat exporting companies operating in that State;
“meat product” means food prepared from or containing meat, and includes canned meat;
“member” means a member of the Board;
“stock producer” means a person engaged in the raising or fattening of cattle or sheep intended for the production of beef, veal, mutton or lamb for human consumption ;
“the Board” means the Australian Meat Board constituted in pursuance of this Act;
“the Chairman” means the Chairman of the Board;
“the Fund” means the Meat Export Fund established under this Act;
“the Southern Riverina” means that part of the State of New South Wales which is described in the Schedule to this Act;
“the Southern Riverina Meat Advisory Committee” means a body established in the State of New South Wales by arrangement between the Minister and the Government of that State for the purpose of nominating a member of the Board to represent the stock producers of the Southern Riverina.
Australian Meat Board.
5.—(1.) For the purposes of this Act, there shall be an Australian Meat Board.
(2.) The Board shall consist of—
(a) one member in respect of each State to represent the stock producers of the State (but not including, in the case of the State of New South Wales, the stock producers referred to in paragraph (c) of this sub-section);
(b) one member to represent the stock producers of the Northern Territory;
(c) one member to represent the stock producers of the Southern Riverina;
(d) one member to represent the pig producers of Australia;
(e) one member in respect of each State which exports more than Fifteen thousand tons of meat…
Overview
The Meat Export Control Act 1935 was enacted to address the need for comprehensive regulation and oversight of meat exports from Australia. This legislation was introduced by the Commonwealth Parliament to establish a structured and controlled approach to the export of meat, meat products, and edible offal. The Act aimed to ensure the quality and integrity of Australian meat exports, manage the export process efficiently, and maintain standards that meet international market requirements. Central to this Act is the establishment of the Australian Meat Board, which is tasked with making recommendations and advising on regulations, quality standards, and export programmes related to meat exports. The Board's powers include controlling the export process through licensing and regulating contracts related to the shipment and insurance of meat products. Additionally, the Act established the Meat Export Fund to manage and invest funds derived from meat export activities, ensuring proper financial management and allocation of resources within the meat industry.
Scope and Application
The Meat Export Control Act 1935 is a Commonwealth Act that governs the export of meat, meat products, and edible offal from Australia. The Act applies to various stakeholders within the meat industry, including stock producers, meat exporters, and pig producers, among others. The Act establishes the Australian Meat Board, a body responsible for advising the Minister on meat export matters, recommending regulations, and controlling the export of meat. The Board comprises representatives from various sectors, including stock producers, meat exporters, and publicly owned abattoirs and freezing works. The Act also provides for the establishment of committees within the Board to address specific issues, such as beef export. The Act's geographic reach extends to the entire Commonwealth of Australia. The Act authorises the Governor-General to make regulations to control the export of meat, including the issuance of export licenses and the approval of contracts for the shipment and insurance of meat products. The Act also establishes the Meat Export Fund, which receives moneys from the Consolidated Revenue Fund and is used to cover the Board's expenses, invest in government securities, and fund experiments and initiatives to improve meat quality and export sales. The Act does not specify any exclusions or thresholds, and its application is not extended or restricted through subordinate instruments.
Key Provisions
- The Meat Export Control Act 1935 establishes the Australian Meat Board, detailing its composition, powers, and responsibilities. Section 5 outlines the Board’s members, including representatives from various states and territories, specific regions like the Southern Riverina, pig producers, meat exporting companies, co-operative organizations, and publicly owned abattoirs. The Board also includes a Government representative appointed by the Governor-General. The Board’s members are appointed through a nomination process involving relevant associations or bodies, with some positions directly nominated by the Minister or appointed by the Governor-General. The Board is a body corporate with perpetual succession, capable of suing and being sued, and holding property. Section 16 specifies the Board’s powers, including making recommendations on export regulations, advising on quality standards, and improving meat export practices.
- The Act imposes several obligations on the parties it governs. The Board is responsible for controlling the export of meat, meat products, and edible offal, making recommendations to the Minister on regulations, and ensuring compliance with quality standards. The Board must also maintain records of its proceedings and submit annual reports to the Minister. Section 17 grants the Board the power to make regulations that control the export of meat products, subject to ministerial approval. The Board must also ensure that any contracts related to the shipment and insurance of meat products comply with its regulations or are made by the Board itself. The Board’s activities are subject to audit by the Auditor-General for the Commonwealth, as stated in Section 25.
- The Act outlines several offences and penalties for breaches. Section 17 provides that any person exporting meat, meat products, or edible offal in contravention of the regulations is guilty of an offence, with a maximum penalty of five hundred pounds. Section 18 specifies that contracts for the carriage or insurance of such products must comply with Board regulations, with non-compliant contracts being void. Failure to comply with Board-mandated returns and information requests, as stipulated in Section 24, carries a penalty of one hundred pounds. Additionally, Section 28 allows the Governor-General to make regulations prescribing penalties not exceeding fifty pounds for breaches of the regulations, except where a higher penalty is specified in the Act. These provisions ensure compliance with the Act’s requirements and the quality and safety standards for meat exports.
- Area of Law
- Commercial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Reporting & Disclosure Obligations
- Offence Provisions