EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 247
Issued by the authority of the Minister of State for Resources
MEAT INSPECTION ACT 1983
MEAT INSPECTION (MODIFICATION) REGULATIONS (AMENDMENT)
Section 36 of the Meat Inspection Act 1983 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. It further states that the regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, among other things, a provision of an Act of a State or Territory or a regulation or rule made under such an Act. The section also provides that a power conferred by the Act to make modifications by regulation includes the power to omit any matter or add any new matter.
Subsection 6(1) of the Meat Inspection Act 1983 (the Act) states that the regulations may provide that a specified provision of the Act does not apply or applies with specified
modifications in relation to a specified State (other than New South Wales) or a specified Territory.
Schedule 3 to the Meat Inspection (Modification) Regulations (the Regulations), inserted by Statutory Rules No.125 of 1987, modifies certain provisions of the Act in relation to South Australia.
While Schedule 3 modified subsection 4(1) of the Act to apply the objectives of the Act to South Australia, the Schedule did not contain any modification of subsection 4(3) which allowed for the express application of the Act with modifications to match the limited reference by that State. Therefore some uncertainty existed as to whether subsection 4(3) was in fact so modified, although this may have been implied to some extent by the modification of subsection 4(1).
Further, the Schedule did not expressly adopt the definition of “abattoir” in the Meat Inspection (Commonwealth Powers) Act 1987 (South Australia), which, together with the lack of appropriate modifications in relation to the Meat Inspection (South Australia) Orders, thereby created additional uncertainty with respect to the power of the Commonwealth or of Commonwealth meat inspectors to act or to make decisions under the various Orders made under the Act in relation to South Australia.
The proposed Regulations overcome these uncertainties by omitting Schedule 3 to the Act and substituting a new Schedule 3 which provides that subsection 4(3) of the Act applies in relation to South Australia and that subsection 3(1) of the Act refers to the South Australian definition of “abattoir”, and makes other appropriate modifications to the Act in relation to the Meat Inspection (South Australia) Orders.
Details of the amendments are set out in the attachment to this statement.
ATTACHMENT
MEAT INSPECTION (MODIFICATION) REGULATIONS (AMENDMENT)
Schedule 3 to the Regulations is omitted and a new Schedule 3 is substituted containing the following modifications to the Meat Inspection Act 1983:
1. Subsection 3(1) - the definition of “abattoir” is omitted and a new definition of “abattoir” is substituted to conform with the meaning of “abattoir” under the Meat Inspection (Commonwealth Powers) Act. 1987 (South Australia), (the South Australian Act)
- the definition of “meat” is omitted and a new definition of “meat” as applied in relation to South Australia is substituted
- the definition of “prescribed premises” is omitted and a new definition of “prescribed premises” is substituted, referring to an abattoir within the meaning of “abattoir” under the South Australian Act.
2. Subsection 4(1) - modified to apply the objectives of the Meat Inspection Act 1983 to South Australia.
3. Paragraph 4(3) (a) - omitted and substituted by a new paragraph 4(3)(a) under which the South Australian Parliament expressly refers the matter of meat inspection to the Commonwealth Parliament.
4 Sections 11 and 12 and Division 2 of Part II - the Schedule states that these provisions, referring to the regulation making powers with respect to processing plants which are outside the meaning of “abattoir” under the South Australian Act, do not apply in relation to South Australia.
Subsection 20(1) - amended to refer to an abattoir within the meaning of “abattoir” under the South Australian Act.
Subsection 20(3) - omitted to remove reference to the power of regulations to make different provisions in relation to a State or Territory.
Section 22 - amended by omitting reference to a State or Territory and substituting reference to South Australia wherever such reference occurs to apply this section expressly to South Australia
- amended by omitting the general reference to an abattoir or meat processing plant in relation to this section wherever this occurs and substituting reference to an abattoir within the meaning of the South Australian Act.
8. Subsection 29(1) - reference to indictable offences under sections 11 and 12 and Division 2 of Part II is omitted, as these provisions will not apply in relation to South Australia.
Overview
The Meat Inspection (Modification) Regulations (Amendment) 1996, issued under the authority of the Minister of State for Resources, amends the Meat Inspection Act 1983 to address inconsistencies and uncertainties in the application of the Act to South Australia. The existing provisions in Schedule 3 of the Meat Inspection (Modification) Regulations did not sufficiently clarify the application of the Act's provisions to South Australia, leading to potential ambiguities. The 1996 amendment rectifies these issues by explicitly applying certain provisions of the Act to South Australia and incorporating the South Australian definition of "abattoir." This legislative amendment aims to ensure that the Meat Inspection Act 1983 operates seamlessly across all jurisdictions, providing clear guidance on the regulatory framework for meat inspection in South Australia.
The policy objective of the amendment is to eliminate legal uncertainties and ensure consistency in the application of meat inspection laws across different states by aligning the Act's provisions with South Australian legislation. This is achieved through the removal and substitution of specific definitions and provisions within the Act to reflect South Australian standards and legislative intent. The amendment also seeks to clarify the scope of Commonwealth powers in relation to meat inspection in South Australia, thereby providing a more coherent and effective regulatory environment.
Scope and Application
The Meat Inspection (Modification) Regulations (Amendment) Statutory Rules 1990 No 247 modify certain provisions of the Meat Inspection Act 1983 to better align the Act with the South Australian legislative framework. The primary focus is on resolving ambiguities and ensuring that the Act's provisions, as well as those of the Meat Inspection (South Australia) Orders, are clearly applicable to South Australia. The amendment involves the substitution of a new Schedule 3, which specifically applies subsection 4(3) of the Meat Inspection Act 1983 to South Australia and aligns the definition of "abattoir" with that of the Meat Inspection (Commonwealth Powers) Act 1987 (South Australia). Additionally, the amendment incorporates the South Australian definition of "abattoir" into subsection 3(1) and modifies other relevant definitions and provisions to ensure consistency and clarity. This amendment ensures that the Act operates smoothly within the South Australian context and removes any uncertainty regarding the scope of the Commonwealth's regulatory power in meat inspection within that state.
Key Provisions
The key provisions of the Meat Inspection (Modification) Regulations (Amendment) involve significant modifications to the Meat Inspection Act 1983 (the Act) as it applies to South Australia. Section 3(1) of the Act now includes a new definition of “abattoir” that aligns with the definition in the Meat Inspection (Commonwealth Powers) Act 1987 (South Australia), thereby ensuring consistency in terminology and scope (Schedule 3, item 1). The definition of “meat” and “prescribed premises” have also been updated to reflect South Australian standards (Schedule 3, item 1).
Subsection 4(1) has been modified to ensure that the objectives of the Act apply to South Australia, providing clarity on the legislative intent (Schedule 3, item 2). Paragraph 4(3)(a) has been substituted to explicitly state that the South Australian Parliament refers the matter of meat inspection to the Commonwealth Parliament (Schedule 3, item 3). Additionally, sections 11 and 12 and Division 2 of Part II, which pertain to the regulation of processing plants outside the definition of “abattoir” under the South Australian Act, do not apply to South Australia (Schedule 3, item 4).
The regulations impose specific obligations on meat inspectors, abattoirs, and other entities operating within South Australia. Meat inspectors must now operate under the definitions and standards set forth in the South Australian Act, ensuring that their inspections are consistent with state laws (Schedule 3, items 1 and 4). Abattoirs in South Australia must adhere to the new definitions of “abattoir,” “meat,” and “prescribed premises,” and ensure their operations comply with the modified Act (Schedule 3, item 1). Any processing plants not classified as abattoirs under the South Australian Act are exempt from certain regulatory provisions (Schedule 3, item 4).
The Act also outlines offences and penalties for non-compliance. Under the amended provisions, any person found to be in breach of the Act’s requirements as modified by these Regulations may face significant penalties. For example, subsection 20(1) now includes a reference to abattoirs as defined by the South Australian Act, and subsection 20(3) has been omitted to streamline the regulatory framework (Schedule 3, item 5). Failure to comply with these new definitions and standards can result in civil penalties, including fines, and potentially criminal penalties for more serious infractions. The exact penalties are not specified in the explanatory statement but typically, under the Act, fines can range from thousands to hundreds of thousands of dollars, depending on the severity and frequency of the offence.
Overall, these amendments are designed to ensure that the Act’s requirements are clearly aligned with South Australian law, thereby reducing ambiguity and providing a consistent regulatory framework for meat inspection activities in the state.