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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MEAT INDUSTRY BILL 1993
Queensland
MEAT INDUSTRY BILL 1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Objectives
3 Objectives of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Interpretation
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Meaning of "disease" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6 Meaning of "integrity" of meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 Meaning of "meat" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8 Meaning of "meat processing" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Meaning of "program of production" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Meaning of "retailer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Meaning of "smallgoods" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Meaning of "wholesomeness" of meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4--Operation of Act
13 State bound by Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
14 Exemptions from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15 Act does not apply to things done under Aboriginal tradition and
Island custom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16 Food Act 1981 not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 2--THE QUEENSLAND LIVESTOCK AND MEAT
INDUSTRY POLICY COUNCIL
17 Establishment of Policy Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2
Meat Industry
18 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 3--THE QUEENSLAND LIVESTOCK AND MEAT
AUTHORITY
Division 1--Establishment of Authority
22 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Authority is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Functions and powers of Authority
24 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
25 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Reserve powers of Minister
27 Reserve power of Minister to notify Authority of public sector policies . . . 24
28 Reserve power of Minister to give directions in public interest . . . . . . . . . 24
29 Additional matters to be included in annual report . . . . . . . . . . . . . . . . . . . . 25
Division 4--Membership of Authority
30 Composition of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Selection committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Selection of members for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
33 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 5--Proceedings of Authority
35 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
36 Procedures governing conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . 29
37 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
38 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 6--Staff
39 Staff generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Chief executive officer and secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
41 Chief Meat Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42 Acting Chief Meat Officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3
Meat Industry
Division 7--Other matters about the Authority
43 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
45 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
46 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
47 Parliamentary Commissioner Act 1974 not to apply to certain
decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 4--INDUSTRY ADMINISTRATION
Division 1--Meat safety officers
48 Appointment of meat safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
49 Terms of appointment of meat safety officers . . . . . . . . . . . . . . . . . . . . . . . . 34
50 Powers of meat safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
51 Meat safety officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
52 Production of meat safety officer's identity card . . . . . . . . . . . . . . . . . . . . . 35
Division 2--Accreditation
53 Purpose of accreditation system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
54 Authority given by accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
55 Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
56 Decision on application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
57 Temporary accreditation pending final decision on application . . . . . . . . . 37
58 Granting of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
59 Refusal to grant accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
60 Conditions of accreditation imposed by the Authority . . . . . . . . . . . . . . . . . 39
61 Condition of accreditation about audits of program of production . . . . . . . . 39
62 Other conditions of accreditation imposed by Act . . . . . . . . . . . . . . . . . . . . 40
63 Accreditation transferable only under standards . . . . . . . . . . . . . . . . . . . . . . 41
64 Nominee of holder of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
65 Amendment of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
66 Notice to return accreditation for alteration . . . . . . . . . . . . . . . . . . . . . . . . . 42
67 Suspension or cancellation of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 43
68 Return of suspended or cancelled accreditation . . . . . . . . . . . . . . . . . . . . . . 44
69 Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
4
Meat Industry
Division 3--Standards
70 Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
71 Standards must be approved by regulation . . . . . . . . . . . . . . . . . . . . . . . . . . 46
72 Regulations prevail over standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 4--Major meat offences
73 Contravention of conditions of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 46
74 Unauthorised meat processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
75 Meat substitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
76 Unlawful adulteration of meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
77 Offences about official marks etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
78 False trade descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
79 Possession of meat not packed or marked under standards . . . . . . . . . . . . . 49
80 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 5--Administration of accreditation provisions and standards
81 General powers of meat safety officer in relation to accredited
premises etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
82 Analysis of samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
83 Meat analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
84 Power to enforce standards for premises, vehicles, plant or equipment . . . 52
85 Seizure of meat to aid inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
86 Power to condemn meat as unfit for human food . . . . . . . . . . . . . . . . . . . . . 53
87 Power to condemn meat as unfit for human or animal food . . . . . . . . . . . . . 53
88 Disposal of condemned meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
89 Keeping of meat to enable analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
90 Prohibition on killing etc. diseased animals . . . . . . . . . . . . . . . . . . . . . . . . . 54
91 Power to require segregation of person suffering from infectious
disease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 5--ENFORCEMENT MATTERS
Division 1--Nature of powers of meat safety officers
92 Powers of meat safety officers under this Part . . . . . . . . . . . . . . . . . . . . . . . 55
Division 2--Powers of meat safety officers in relation to places and
vehicles
93 Entry of place by meat safety officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
5
Meat Industry
94 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
95 Warrants--applications made otherwise than in person . . . . . . . . . . . . . . . . 57
96 Entry or boarding of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
97 Meat safety officer's general powers in relation to places and vehicles . . 59
98 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
99 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 3--Seizure of unlawfully processed meat
100 Seizing of meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
101 Where and how to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
102 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
103 Powers of Magistrates Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
104 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 64
105 Disposal of seized meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 4--Other enforcement powers of meat safety officers
106 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
107 Power to require information from certain persons . . . . . . . . . . . . . . . . . . . . 65
108 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 5--Other enforcement matters
109 Restraining orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
110 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
111 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
112 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
113 Meat safety officer to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . 68
114 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
115 Evidence of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
116 Obstruction of meat safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
117 Impersonation of meat safety officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 6--Evidence
118 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
119 Conduct of executive officers, employees and agents . . . . . . . . . . . . . . . . . 71
6
Meat Industry
PART 6--ADMINISTRATIVE APPEALS
Division 1--The Meat Industry Tribunal
120 Establishment of Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
121 Composition of Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
122 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
123 Secretary and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
124 Expenses of Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 2--Proceedings of Tribunal
125 Time and place of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
126 Decisions of Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
127 Evidence and procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
128 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
129 Powers in relation to witnesses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 3--Jurisdiction of Tribunal
130 Appeals to Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
131 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
132 Stay of operation of decisions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
133 Powers of Tribunal on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
PART 7--QUEENSLAND ABATTOIR CORPORATION
Division 1--Establishment of Abattoir Corporation
134 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
135 Abattoir Corporation is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 2--Functions and powers of Abattoir Corporation
136 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
137 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
138 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 3--Reserve powers of Minister
139 Reserve power of Minister to notify Abattoir Corporation of
public sector policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
140 Reserve power of Minister to give directions in public interest . . . . . . . . . 81
141 Additional matters to be included in annual report . . . . . . . . . . . . . . . . . . . . 81
Division 4--Membership of Abattoir Corporation
142 Composition of Abattoir Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
7
Meat Industry
143 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
144 Selection committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
145 Selection of members for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
146 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
147 Fees and allowances etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 5--Plans and reports
148 Strategic plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
149 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
150 Deletion of commercially sensitive matters from annual report . . . . . . . . . 87
Division 6--Proceedings of Abattoir Corporation
151 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
152 Procedures governing conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . 88
153 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
154 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 7--Staff
155 Staff generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
156 Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 8--Other matters about the Abattoir Corporation
157 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
158 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
159 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
160 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
161 Parliamentary Commissioner Act 1974 does not apply to certain
decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
162 Public Sector Management Commission Act 1990 not to apply . . . . . . . . . 92
PART 8--MISCELLANEOUS
163 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
164 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
165 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
166 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
PART 9--TRANSITIONAL PROVISIONS
167 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
168 Continuation of former Authority etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
8
Meat Industry
169 Vesting of assets etc. in new bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
170 Pending legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
171 Existing staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
172 Provision for certain other officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
173 Existing superannuation arrangements and schemes . . . . . . . . . . . . . . . . . . 96
174 Existing approvals etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
175 Meat processing by Abattoir Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
176 Meat inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
177 Issue of accreditation without formal application . . . . . . . . . . . . . . . . . . . . . 97
178 Existing orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
179 Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
180 Duty to assist transfer of property etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
181 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
PART 10--REPEALS, AMENDMENTS AND EXPIRY
182 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
183 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
184 Expiration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 100
REPEAL OF ACTS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 101
AMENDMENT OF STOCK ACT 1915
1993
A BILL
FOR
An Act about the Queensland livestock and meat industry
10
Meat Industry
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
title 4
Short
Clause1. This Act may be cited as the Meat Industry Act 1993. 5
6
Commencement
Parts 3 to 10 (other than sections 31, 32, 144 and 145) commence 7
Clause2.
on a day to be fixed by proclamation. 8
Division 2--Objectives 9
of Act 10
Objectives
Clause3.(1) The objectives of this Act are-- 11
(a) to ensure the wholesomeness and integrity of meat are 12
maintained; and 13
(b) to foster the interests of the Queensland livestock and meat 14
industry. 15
(2) The objectives are to be achieved principally by establishing-- 16
(a) the Queensland Livestock and Meat Authority to ensure the 17
achievement of the objective mentioned in subsection (1)(a); and 18
(b) the Queensland Livestock and Meat Industry Policy Council as a 19
representative body to advise on policy issues affecting the 20
industry; and 21
(c) the Queensland Abattoir Corporation to operate meat processing 22
11
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facilities and saleyards in public ownership in an efficient, 1
effective and accountable way. 2
Division 3--Interpretation 3
4
Definitions
In this Act-- 5
Clause4.
"Abattoir Corporation" means the Queensland Abattoir Corporation; 6
"accreditation" means an accreditation in force under this Act; 7
"alter" an official mark or trade description includes deface, interfere with 8
and change it in any way; 9
"analyst" includes a person who is an analyst under the standards; 10
"animal food" means a substance ordinarily consumed, or intended for 11
consumption, by animals; 12
"apply" an official mark or trade description includes attach, emboss, 13
impress, mark, print, stencil and write the official mark or trade 14
description; 15
"approved program of production" for an accreditation means the 16
approved program of production (within the meaning of section 58(3)) 17
as amended under section 65; 18
"asset" includes property of any kind; 19
"Authority" means the Queensland Livestock and Meat Authority 20
established under this Act; 21
"carcass" of an animal includes-- 22
(a) its flesh, organs or body fluids; and 23
(b) its feathers, hair, fur, skin, scales or shell; and 24
(c) its bones, horns, antlers, teeth or tusks; 25
"chemical" includes an element; 26
"condition" includes restriction; 27
"covering" includes any bottle, box, capsule, case, container, frame, glass, 28
12
Meat Industry
stopper, vessel and wrapper; 1
"device" includes equipment; 2
"disease" has the meaning given by section 5; 3
"false trade description" for meat means a trade description that is false 4
and misleading in a material particular about the meat because of-- 5
(a) anything included in, or omitted from, the trade description; or 6
(b) any alteration of the trade description; 7
"food" is a substance ordinarily consumed, or intended for consumption, 8
by humans or animals; 9
"human food" means a substance ordinarily consumed, or intended for 10
consumption, by humans; 11
"industry" means the Queensland livestock and meat industry; 12
"integrity" of meat has the meaning given by section 6; 13
"label" includes any brand, tag, ticket and pictorial, or other descriptive, 14
matter; 15
"livestock" includes animals prescribed by standard; 16
"mark" includes label, seal and stamp; 17
"meat" has the meaning given by section 7; 18
"meat processing" has the meaning given by section 8; 19
"meat processing facility" means premises where meat processing is 20
carried out; 21
"meat processing product" includes a substance declared by standard to 22
be a meat processing product; 23
"meat safety officer" means a person who is appointed under this Act as a 24
meat safety officer; 25
"obstruct" includes hinder, resist and attempt to obstruct; 26
"official mark" means a mark prescribed by standard to be an official 27
mark; 28
"official marking device" means a device prescribed by standard to be an 29
official marking device; 30
13
Meat Industry
"owner" includes-- 1
(a) for premises--an occupier of the premises; and 2
(b) for an animal or meat--the person in possession or control of the 3
animal or meat; 4
"person in control" of a vehicle includes-- 5
(a) the driver of the vehicle; and 6
(b) the person in command of the vehicle; and 7
(c) the person who appears to be in control or command of the 8
vehicle; 9
"place" includes land and premises; 10
"Policy Council" means the Queensland Livestock and Meat Industry 11
Policy Council; 12
"premises" includes-- 13
(a) a building or other structure or part of a building or other 14
structure; and 15
(b) land where a building or other structure is situated; 16
"prepackaged meat" means meat that is prepackaged meat under the 17
standards; 18
"program of production" has the meaning given by section 9; 19
"retailer" of meat has the meaning given by section 10; 20
"sale" includes barter and exchange; 21
"sell" includes-- 22
(a) offer or expose for sale; and 23
(b) give away as a promotion or advertisement; 24
"smallgoods" has the meaning given by section 11; 25
"species" includes a subspecies; 26
"standard" means a standard in force under this Act; 27
"trade description" for meat means any description or other representation 28
about-- 29
14
Meat Industry
(a) the processing of the meat under an accreditation; or 1
(b) another matter that, under the standards, is taken to have been 2
decided about the meat during its processing; 3
and includes any mark commonly taken to be a representation of that 4
kind by trade or common usage; 5
"trade or commerce" includes any business activity; 6
"Tribunal" means the Meat Industry Tribunal; 7
"vehicle" includes an aircraft and a boat; 8
"wholesomeness" of meat has the meaning given by section 12; 9
"wild game" means an animal-- 10
(a) prescribed by standard as wild game; and 11
(b) living in a wild state and not under any artificial confinement. 12
of "disease" 13
Meaning
A "disease" is present in an animal if there is in the animal-- 14
Clause5.(1)
(a) an infectious agent or pathological process that-- 15
(i) affects the animal's state of health to the extent that meat 16
from the animal is not wholesome for human or animal 17
food; or 18
(ii) whether or not it affects the animal's state of health, could be 19
transmitted to a person or another animal if a person or other 20
animal-- 21
(A) contacts the animal; or 22
(B) contacts the animal's carcass; or 23
(C) contacts or eats meat or other substances from the 24
animal; or 25
(b) a chemical or antibiotic residue prescribed by standard in excess 26
of the concentration level prescribed by standard for the residue; 27
or 28
(c) a condition or substance that is a disease under the standards. 29
15
Meat Industry
(2) A "disease" is present in meat if there is in the meat-- 1
(a) an infectious agent or pathological process that-- 2
(i) affects the meat to the extent that the meat is not wholesome 3
for human or animal food; or 4
(ii) could be transmitted to a person or animal if the person or 5
animal contacts or eats the meat; or 6
(b) a chemical or antibiotic residue prescribed by standard in excess 7
of the concentration level prescribed by standard for the residue; 8
or 9
(c) a condition or substance that is a disease under the standards. 10
of "integrity" of meat 11
Meaning
"Integrity" of meat means the meat is from the species of 12
Clause6.(1)
animal it purports to be from. 13
(2) Meat is not from the species of animal it purports to be from if meat 14
of another species has been substituted (wholly or partly) for it. 15
of "meat" 16
Meaning
"Meat" is food that is the whole or a part of a killed animal. 17
Clause7.(1)
Example-- 18
The edible flesh, organs, bones and body fluids of slaughtered cattle, 19
chickens, goats, pigs and sheep are meat. 20
(2) Meat does not stop being meat merely because its nature is changed 21
or it is mixed with another substance. 22
Examples of meat-- 23
1. Smallgoods. 24
2. Marinated meat, meat rissoles, meat sausages, schnitzels, shish 25
kebabs, steak and kidney mix, stir-fry lamb mix and veal cordon 26
bleu. 27
(3) However, meat does not include-- 28
(a) the whole or a part of a fish or an animal declared by regulation to 29
16
Meat Industry
be an animal to which this Act does not apply; or 1
(b) a substance declared by standard not to be meat. 2
of "meat processing" 3
Meaning
"Meat processing" includes every activity in the production of 4
Clause8.(1)
meat. 5
(2) Without limiting subsection (1), meat processing includes-- 6
(a) the killing of animals for meat; and 7
(b) anything done to a killed animal, or a part of a killed animal, to 8
produce meat; and 9
(c) anything done to meat to-- 10
(i) add value, or apparent value, to it; or 11
(ii) make it appropriate, or apparently appropriate, for a 12
particular purpose; or 13
(iii) produce a product that includes the meat; or 14
(iv) prepare it, or make it available, for trade or commerce. 15
Examples of meat processing-- 16
1. Dressing animal carcasses to produce meat. 17
2. Breaking down animal carcasses to produce meat. 18
3. Chilling or freezing meat. 19
4. Boning meat. 20
5. Storing meat. 21
6. Packing meat. 22
7. Producing smallgoods. 23
8. Transporting meat. 24
9. Wholesale selling of meat. 25
10. Displaying meat for wholesale or retail sale. 26
(3) However, meat processing does not include an activity-- 27
17
Meat Industry
(a) before the starting point of meat processing; or 1
(b) after the finishing point of meat processing. 2
(4) The starting point of meat processing is the killing of animals for 3
food. 4
(5) The killing of an animal includes the stunning of the animal, and 5
anything else done to the animal as part of the process of killing it. 6
(6) The finishing point of meat processing is whichever of the following 7
happens first-- 8
(a) the meat leaves the possession of a retailer of the meat; 9
(b) the meat leaves premises where it becomes prepackaged meat for 10
its retail sale as prepackaged meat at other premises; 11
(c) the meat leaves premises where it becomes smallgoods; 12
(d) the happening of an event in relation to the meat that, under the 13
standards, is a finishing point of meat processing. 14
Examples of application of paragraph (a)-- 15
1. A person buys a side of beef from a retailer to cut it up for 16
household use. 17
2. A butcher donates meat to a charity for a fundraising barbecue. 18
3. A retailer of meat disposes of unwholesome meat. 19
of "program of production" 20
Meaning
A "program of production" for meat processing is a description 21
Clause9.
of the activities to happen during the meat processing, and in preparation for 22
and cleaning up after the meat processing. 23
of "retailer" 24
Meaning
A "retailer" of meat includes a person who sells meat to a 25
Clause10.(1)
buyer in a quantity commonly associated with a wholesale sale if the buyer 26
does not intend to resell any of the meat in trade or commerce. 27
Example-- 28
If a school parents and citizens association buys a large quantity of meat 29
18
Meat Industry
from a person for use in a fundraising barbecue, the association does not 1
intend to resell any of meat in trade or commerce. The person is, therefore, 2
a retailer of meat for the sale, even though the quantity of the purchase may 3
commonly be associated with a wholesale sale. 4
(2) A person can be a retailer of meat for a particular transaction even 5
though-- 6
(a) the person is not a retailer of meat for other transactions; and 7
(b) the person does not ordinarily sell meat as a retailer. 8
Example-- 9
If the person in the example to subsection (1) is a meat wholesaler, the 10
person is a retailer for the sale to the parents and citizens association even 11
though the person is not a retailer for other transactions. 12
(3) A buyer of meat is not taken to intend to resell it if the buyer intends 13
to use the meat to provide meals to other persons. 14
Example-- 15
A restaurateur who uses purchased meat to provide meals to customers. 16
(4) A regulation may prescribe other circumstances in which a person 17
who sells or otherwise deals with meat is a retailer of the meat. 18
of "smallgoods" 19
Meaning
"Smallgoods" include meat that has had its nature substantially 20
Clause11.
changed, and its shelf life markedly increased, by processing, but do not 21
include meats declared by standard not to be smallgoods. 22
Examples-- 23
Salami, ham, bacon, corned, cured and cooked meats are smallgoods, 24
but meat that has simply been chilled or frozen is not. 25
of "wholesomeness" of meat 26
Meaning
"Wholesomeness" of meat for human food includes the 27
Clause12.(1)
absence of-- 28
(a) any condition or substance, not normally and naturally found in 29
19
Meat Industry
meat, that might compromise human health; and 1
(b) any condition or substance a consumer would ordinarily regard as 2
making the meat unfit as human food; and 3
(c) any chemical or antibiotic residue prescribed by standard in 4
excess of the concentration level prescribed by standard for the 5
residue. 6
(2) "Wholesomeness" of meat for animal food includes the absence 7
of-- 8
(a) any condition or substance, not normally and naturally found in 9
meat, that might compromise animal health; and 10
(b) any chemical or antibiotic residue prescribed by standard in 11
excess of the concentration level prescribed by standard for the 12
residue. 13
4--Operation of Act 14
Division
bound by Act 15
State
Clause13.(1) This Act binds the State. 16
(2) Nothing in this Act makes the State liable to be prosecuted for an 17
offence. 18
(3) However, subsection (2) does not prevent the prosecution of an 19
officer, employee or agent of the State for an offence. 20
from Act 21
Exemptions
A regulation may exempt a person from this Act or any of its 22
Clause14.(1)
provisions. 23
(2) The exemption may be given on conditions specified in the 24
regulation. 25
(3) A person who is given an exemption must not contravene a condition 26
of the exemption. 27
Maximum penalty for subsection (3)--200 penalty units. 28
20
Meat Industry
does not apply to things done under Aboriginal tradition and 1
Act
Island custom 2
This Act does not apply to anything done by an Aborigine under 3
Clause15.
Aboriginal tradition or a Torres Strait Islander under Island custom. 4
Act 1981 not affected 5
Food
Clause16. This Act is in addition to, and does not limit, the Food Act 1981. 6
ART 2--THE QUEENSLAND LIVESTOCK AND 7
P
MEAT INDUSTRY POLICY COUNCIL 8
of Policy Council 9
Establishment
The Queensland Livestock and Meat Industry Policy Council is 10
Clause17.
established. 11
unctions 12
F
Clause18. The functions of the Policy Council are-- 13
(a) to address, and advise on, the long-term strategic issues facing the 14
industry, and to develop appropriate policy responses; and 15
(b) to examine, and make recommendations to the Minister on, 16
industry issues, either on the Council's own initiative or if asked 17
by the Minister or Authority; and 18
(c) to examine, and make recommendations to the Minister on, the 19
operation of this Act and achievement of the Act's objectives; and 20
(d) to examine, and make recommendations to the Minister on, the 21
Authority's strategic plan and the Abattoir Corporation's strategic 22
plan; and 23
(e) to find out industry views on industry administration, and give 24
them to the Minister; and 25
(f) to perform other functions given to the Council under this Act. 26
21
Meat Industry
1
Composition
Clause19. The Policy Council consists of-- 2
(a) the Minister or the Minister's nominee (who is to be chairperson 3
of the Council); and 4
(b) other persons the Minister considers necessary and appropriate to 5
represent adequately all sectors of the industry, and appoints to 6
membership of the Council. 7
8
Meetings
The Policy Council may meet whenever it is necessary to 9
Clause20.(1)
transact its business. 10
(2) However, the Council must meet at least once every 6 months. 11
(3) The Minister-- 12
(a) may at any time call a meeting of the Council; and 13
(b) must call a meeting if asked by at least three-quarters of the 14
Council members. 15
16
Committees
Clause21.(1) The Policy Council may establish committees to advise it. 17
(2) The Council may decide-- 18
(a) the functions of a committee; and 19
(b) the membership of a committee; and 20
(c) how the committee is to operate. 21
22
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ART 3--THE QUEENSLAND LIVESTOCK AND 1
P
MEAT AUTHORITY 2
1--Establishment of Authority 3
Division
4
Establishment
Clause22. The Queensland Livestock and Meat Authority is established. 5
is a body corporate etc. 6
Authority
Clause23.(1) The Authority-- 7
(a) is a body corporate with perpetual succession; and 8
(b) has a common seal; and 9
(c) may sue and be sued in its corporate name. 10
(2) The Authority does not represent the State. 11
(3) The Authority is an exempt public authority under the Corporations 12
Law. 13
2--Functions and powers of Authority 14
Division
unctions 15
F
The Authority's primary function is to ensure that the 16
Clause24.(1)
wholesomeness and integrity of meat are maintained. 17
(2) The primary function is to be achieved mainly through the 18
accreditation system provided under this Act. 19
(3) The other functions of the Authority are-- 20
(a) to foster the interests of the industry; and 21
(b) to promote the consumption of meat; and 22
(c) to promote industry trade opportunities; and 23
(d) to conduct or support research aimed at improving industry 24
23
Meat Industry
efficiency and effectiveness; and 1
(e) to provide or support industry educational programs to encourage 2
compliance with sound practices for meat processing and 3
livestock management; and 4
(f) to assist the industry to establish and develop marketing 5
arrangements and market information services (including 6
consumer meat identification services); and 7
(g) to advise the Minister and the Policy Council on issues affecting 8
the industry or the Authority, either on the Authority's own 9
initiative or if asked by the Minister or the Policy Council; and 10
(h) to perform other functions given to the Authority under this Act 11
or another Act. 12
powers 13
General
The Authority has, for or in connection with the performance 14
Clause25.(1)
of its functions, all the powers of a natural person, and may, for example-- 15
(a) enter into contracts; and 16
(b) acquire, hold, deal with and dispose of property; and 17
(c) appoint agents and attorneys; and 18
(d) make charges for services and facilities it supplies; and 19
(e) join and participate in industry associations; and 20
(f) do other things necessary or convenient to be done for, or in 21
connection with, the performance of its functions. 22
(2) Without limiting subsection (1), the Authority has the powers given 23
to it under this or another Act. 24
(3) However, the Authority may not acquire shares or another interest in 25
an entity holding an accreditation under this Act. 26
(4) The Authority may exercise its powers inside and outside 27
Queensland. 28
(5) Without limiting subsection (4), the Authority may exercise its 29
powers outside Australia. 30
24
Meat Industry
1
Delegation
The Authority may delegate its powers to an Authority 2
Clause26.(1)
committee, member or employee. 3
(2) However, only the Chief Meat Officer may be delegated the power to 4
grant accreditations authorising meat processing to be carried out at 5
premises. 6
3--Reserve powers of Minister 7
Division
power of Minister to notify Authority of public sector policies 8
Reserve
Clause27.(1) The Minister may give the Authority written notice of a public 9
sector policy that is to apply to the Authority if the Minister is satisfied it is 10
necessary to give the notice in the public interest. 11
(2) The Authority must ensure the policy is carried out. 12
(3) Before giving the notice, the Minister must-- 13
(a) consult with the Authority; and 14
(b) ask the Authority to advise whether, in its opinion, carrying out 15
the policy would not be in its financial interest. 16
(4) The Minister must cause a copy of the notice to be gazetted within 17
21 days after it is given. 18
power of Minister to give directions in public interest 19
Reserve
The Minister may give the Authority a written direction if the 20
Clause28.(1)
Minister is satisfied it is necessary to give the direction in the public interest 21
because of exceptional circumstances. 22
(2) The Authority must ensure the direction is complied with. 23
(3) Before giving the direction, the Minister must-- 24
(a) consult with the Authority; and 25
(b) ask the Authority to advise whether, in its opinion, complying 26
with the direction would not be in its financial interest. 27
25
Meat Industry
(4) The Minister must cause a copy of the direction to be gazetted within 1
21 days after it is given. 2
matters to be included in annual report 3
Additional
Each annual report of the Authority must include particulars of 4
Clause29.
the impact on its financial position of any notices and directions given to it 5
by the Minister under this Division that relate to the relevant financial year. 6
4--Membership of Authority 7
Division
of Authority 8
Composition
Clause30.(1) The Authority consists of the following members-- 9
(a) the chairperson; 10
(b) 1 person nominated for appointment to the Minister by an 11
industry body prominent in representing beef cattle producers; 12
(c) 1 person nominated for appointment to the Minister by an 13
industry body prominent in representing both producers of beef 14
cattle and producers of sheep for meat; 15
(d) 2 persons with experience in livestock production; 16
(e) 2 persons with experience in meat processing; 17
(f) 1 person with experience in meat wholesaling and retailing; 18
(g) 1 person with expertise in food technology; 19
(h) 1 person with expertise in marketing or business. 20
(2) The members mentioned in subsection (1)(d) to (h) are to be 21
nominated by a selection committee. 22
(3) The chairperson and other members are to be appointed by the 23
Governor in Council. 24
(4) Before the Governor in Council appoints a person to fill a vacancy 25
caused by the office of a member becoming vacant before the member's 26
term is completed, any applicable nomination process for appointment to 27
the Authority must be followed. 28
26
Meat Industry
(5) The Governor in Council may appoint a person to act as a member 1
during any period, or all periods, when the member is absent or cannot, for 2
another reason, perform the duties of the office. 3
(6) An appointment of the chairperson must state whether the 4
chairperson is also to be the Authority's chief executive officer. 5
committee 6
Selection
Before appointments of members mentioned in 7
Clause31.(1)
section 30(1)(d) to (h) are made, the Minister must establish a selection 8
committee to nominate the members. 9
(2) The selection committee is to consist of a chairperson and 6 other 10
members appointed by the Minister. 11
(3) The chairperson is to be a person who, in the Minister's opinion, is 12
suited to act as an independent chairperson of the selection committee. 13
(4) The other 6 members are to be appointed after consultation with the 14
Policy Council and are to comprise-- 15
(a) 2 persons who, in the Policy Council's opinion, are appropriate 16
persons to represent the interests of livestock producers; and 17
(b) 2 persons who, in the Policy Council's opinion, are appropriate 18
persons to represent the interests of persons engaged in meat 19
wholesaling, meat retailing and other aspects of meat processing; 20
and 21
(c) 1 person who, in the Policy Council's opinion, is an appropriate 22
person to represent the interests of employees of persons engaged 23
in meat processing; and 24
(d) 1 person who has significant experience in the industry. 25
(5) Some or all of the 6 other members may be members of the Policy 26
Council. 27
(6) The chairperson of the selection committee is entitled to be paid by 28
the Authority the fees and allowances the Governor in Council may decide. 29
27
Meat Industry
of members for appointment 1
Selection
In making its selection of the members mentioned in 2
Clause32.(1)
section 30(1)(d) to (h), the selection committee must ensure the nominees 3
for appointment include persons with experience in the beef, sheep meat, 4
chicken meat and pig meat industries. 5
(2) The Minister may give the committee written directions about the 6
procedures and criteria to be followed or applied in selecting nominees for 7
appointment to the Authority, and the time within which the nominations 8
are to be made. 9
(3) A direction may not require the committee to nominate a particular 10
person for appointment as a member of the Authority. 11
(4) A person is not eligible to be nominated for appointment as a 12
member of the Authority if the person is-- 13
(a) a member of the Policy Council; or 14
(b) a member of the selection committee; or 15
(c) a chairperson, deputy chairperson or chief executive officer 16
(regardless of the title by which the person is known) of an 17
organisation representing livestock producers or persons engaged 18
in meat processing. 19
(5) If the selection committee fails to make a nomination or follow the 20
procedures or apply the criteria of selection directed by the Minister, the 21
Minister may nominate a person for appointment. 22
(6) A nomination made by the Minister under subsection (5) is taken to 23
have been made by the selection committee. 24
of appointment 25
Duration
Clause33.(1) A member of the Authority is to be appointed for a term of not 26
longer than 3 years. 27
(2) The office of a member of the Authority becomes vacant if the 28
member-- 29
(a) resigns by signed notice to the Minister; or 30
(b) is absent from 3 consecutive meetings of the Authority without 31
the Authority's leave and without reasonable excuse; or 32
28
Meat Industry
(c) is convicted of an indictable offence or an offence against this 1
Act; or 2
(d) becomes employed by, or a contractor of, the Authority; or 3
(e) is removed from office by the Governor in Council under 4
subsection (3) or (4). 5
(3) The Governor in Council may remove a member from office if the 6
member-- 7
(a) engages in misbehaviour; or 8
(b) becomes incapable of performing the duties of a member because 9
of physical or mental incapacity; or 10
(c) is incompetent; or 11
(d) becomes a person who, because of section 32(4)(a) or (c), would 12
not be eligible to be nominated for appointment as a member of 13
the Authority; or 14
(e) uses the office for party political purposes; or 15
(f) causes the Authority's funds or reputation to be used for party 16
political purposes; or 17
(g) does anything else that, in the Governor in Council's opinion, is a 18
reasonable and sufficient justification for removal from office. 19
(4) The Governor in Council may remove all or any members of the 20
Authority from office if the Authority-- 21
(a) does not carry out a policy notified under section 27 (Reserve 22
power of Minister to notify Authority of public sector policies) or 23
comply with a direction given under section 28 (Reserve power 24
of Minister to give directions in public interest); or 25
(b) does not comply with its obligations under the Financial 26
Administration and Audit Act 1977 for the preparation and 27
submission of reports and plans; or 28
(c) uses its funds or reputation for party political purposes. 29
(5) If the chairperson's appointment states the chairperson is also to be 30
the Authority's chief executive officer, the chairperson stops being the 31
Authority's chief executive officer on stopping to be the chairperson. 32
29
Meat Industry
and allowances 1
Fees
The members of the Authority are entitled to be paid by the 2
Clause34.
Authority the fees and allowances decided by the Governor in Council. 3
5--Proceedings of Authority 4
Division
and place of meetings 5
Time
Clause35.(1) Meetings of the Authority are to be held at the times and places 6
it decides. 7
(2) However, the Authority must meet at least once every 3 months. 8
(3) The chairperson-- 9
(a) may at any time call a meeting of the Authority; and 10
(b) must call a meeting if asked by at least 3 members. 11
governing conduct of proceedings 12
Procedures
The chairperson is to preside at all meetings at which the 13
Clause36.(1)
chairperson is present. 14
(2) If the chairperson is absent, the member chosen by the members 15
present is to preside. 16
(3) At a meeting of the Authority-- 17
(a) 6 members form a quorum; and 18
(b) a question is to be decided by a majority of the votes of the 19
members present and voting; and 20
(c) each member present has a vote on each question to be decided 21
and, if the votes are equal, the member presiding has a casting 22
vote. 23
(4) The Authority may conduct its proceedings (including its meetings) 24
as it considers appropriate. 25
(5) The Authority may hold meetings, or permit members to take part in 26
meetings, by telephone, closed-circuit television or another form of 27
communication. 28
30
Meat Industry
(6) A member who takes part in a meeting of the Authority under 1
permission under subsection (5) is taken to be present at the meeting. 2
(7) If-- 3
(a) all members of the Authority agree, in writing, to a proposed 4
resolution; and 5
(b) notice of the proposed resolution was given under procedures 6
approved by the Authority; 7
the resolution is a valid resolution of the Authority, even though it was not 8
passed at a meeting of the Authority. 9
of interests 10
Disclosure
Clause37.(1) This section applies to a member of the Authority if-- 11
(a) the member has a direct or indirect financial interest in an issue 12
being considered, or about to be considered, by the Authority; and 13
(b) the interest could conflict with the proper performance of the 14
member's duties about the consideration of the issue. 15
(2) As soon as practicable after the relevant facts come to the member's 16
knowledge, the member must disclose the nature of the interest to a meeting 17
of the Authority. 18
(3) The disclosure must be recorded in the Authority's minutes and, 19
unless the Authority otherwise decides, the member must not-- 20
(a) be present when the Authority considers the issue; or 21
(b) take part in a decision of the Authority on the issue. 22
(4) Another member who also has a direct or indirect financial interest in 23
the issue must not-- 24
(a) be present when the Authority is considering its decision under 25
subsection (3); or 26
(b) take part in making the decision. 27
inutes 28
M
Clause38. The Authority must keep minutes of its proceedings. 29
31
Meat Industry
6--Staff 1
Division
generally 2
Staff
The Authority may engage the employees it considers 3
Clause39.(1)
necessary to perform its functions. 4
(2) The terms of employment of the Authority's employees are to be 5
decided by it. 6
(3) However, subsection (2) has effect subject to any relevant industrial 7
award or agreement. 8
executive officer and secretary 9
Chief
The Authority must employ a chief executive officer and a 10
Clause40.(1)
secretary, but both positions may be held by the same person. 11
(2) However, if the positions of chairperson and chief executive officer 12
are held by the same person-- 13
(a) the person may not also hold the position of secretary; and 14
(b) the person is entitled to be paid by the Authority the salary, 15
allowances and other benefits decided by the Governor in Council 16
for the position of chief executive officer. 17
Meat Officer 18
Chief
Clause41.(1) The Authority must also employ a Chief Meat Officer. 19
(2) The Chief Meat Officer has all the powers of a meat safety officer. 20
(3) A reference in this or another Act to a meat safety officer includes a 21
reference to the Chief Meat Officer. 22
Chief Meat Officer 23
Acting
The Authority may appoint a person to act as Chief Meat Officer 24
Clause42.
during-- 25
(a) any vacancy, or all vacancies, in the position; or 26
32
Meat Industry
(b) any period, or all periods, when the Chief Meat Officer is absent 1
from duty or cannot, for another reason, perform the position's 2
duties. 3
7--Other matters about the Authority 4
Division
schemes 5
Superannuation
The Authority may, with the Governor in Council's approval, 6
Clause43.(1)
establish and maintain, or participate in, a scheme to provide superannuation 7
benefits for its employees and members and, for the purpose-- 8
(a) establish and maintain any fund; and 9
(b) contribute to the scheme. 10
(2) The Authority may, with the Governor in Council's approval, amend 11
a scheme established by it. 12
(3) An approval under subsection (1) or (2) may be given on conditions. 13
(4) The conditions of an approval may, for example, authorise the 14
Auditor-General to audit accounts and records of any scheme established 15
and maintained by the Authority. 16
(5) A person who, immediately before becoming an employee of the 17
Authority, was a contributor to the State Service Superannuation Fund, or a 18
member of the State Public Sector Superannuation Scheme, continues to be 19
a contributor or member. 20
(6) If the Authority establishes, maintains or participates in a scheme 21
under subsection (1) (the "Authority's scheme"), a person to whom 22
subsection (5) applies may, under arrangements prescribed by regulation, 23
stop being a contributor or member and become a member of the 24
Authority's scheme. 25
26
Seal
Judicial notice must be taken of the imprint of the Authority's 27
Clause44.
seal appearing on a document and the document must be presumed to have 28
been properly sealed unless the contrary is proved. 29
33
Meat Industry
1
Committees
Clause45.(1) The Authority may establish committees to assist or advise it. 2
(2) The Authority may decide-- 3
(a) the functions of a committee; and 4
(b) the membership of a committee; and 5
(c) how a committee is to operate. 6
(3) A member of a committee is entitled to be paid by the Authority the 7
fees and allowances decided by the Authority. 8
of certain Acts 9
Application
Clause46. The Authority is-- 10
(a) a unit of public administration under the Criminal Justice Act 11
1989; and 12
(b) an agency under the Equal Opportunity in Public Employment 13
Act 1992; and 14
(c) a statutory body under the Financial Administration and Audit 15
Act 1977; and 16
(d) a public authority under the Libraries and Archives Act 1988; and 17
(e) a statutory body under the Statutory Bodies Financial 18
Arrangements Act 1982. 19
Commissioner Act 1974 not to apply to certain 20
Parliamentary
decisions 21
The Parliamentary Commissioner Act 1974 does not apply to a 22
Clause47.
decision about the Authority's commercial policy. 23
PART 4--INDUSTRY ADMINISTRATION 24
1--Meat safety officers 25
Division
34
Meat Industry
of meat safety officers 1
Appointment
The Authority may appoint employees of the Authority and 2
Clause48.(1)
other persons to be meat safety officers. 3
(2) Appointment as a meat safety officer of a person who is not an 4
employee of the Authority does not, of itself, make the person an employee 5
of the Authority. 6
(3) The Authority may appoint a person to be a meat safety officer only 7
if-- 8
(a) the person has satisfactorily completed a training course approved 9
by the Authority; or 10
(b) in the Authority's opinion, the person has the necessary 11
knowledge and experience to be a meat safety officer. 12
(4) The Authority may limit the powers of a meat safety officer by 13
stating conditions in the instrument of appointment. 14
of appointment of meat safety officers 15
Terms
A meat safety officer holds office on the conditions specified 16
Clause49.(1)
in the instrument of appointment. 17
(2) A meat safety officer-- 18
(a) if the appointment provides for a term of appointment--stops 19
holding office as a meat safety officer at the end of the term; and 20
(b) may resign by signed notice given to the Authority; and 21
(c) if the conditions of appointment provide--stops holding office as 22
a meat safety officer-- 23
(i) on stopping to hold some other office specified in the 24
conditions of appointment; or 25
(ii) on stopping to be employed by, or engaged under a contract 26
to provide services to, the Authority. 27
of meat safety officers 28
Powers
A meat safety officer has the powers given under this or 29
Clause50.(1)
35
Meat Industry
another Act. 1
(2) A standard may limit the powers of meat safety officers of a 2
specified class. 3
safety officer's identity card 4
Meat
The Authority must issue an identity card to each meat safety 5
Clause51.(1)
officer. 6
(2) The identity card must-- 7
(a) contain a recent photograph of the meat safety officer; and 8
(b) be in a form approved by the Minister; and 9
(c) be signed by the meat safety officer. 10
(3) A person who stops being a meat safety officer must return the 11
identity card to the Authority as soon as practicable after stopping to be a 12
meat safety officer, unless the person has a reasonable excuse for not 13
returning it. 14
Maximum penalty for subsection (3)--40 penalty units. 15
of meat safety officer's identity card 16
Production
A meat safety officer may exercise a power in relation to a 17
Clause52.(1)
person only if the meat safety officer displays the meat safety officer's 18
identity card for inspection by the person. 19
(2) If, for any reason, it is not practicable to comply with subsection (1), 20
the meat safety officer must produce the identity card for inspection by the 21
person at the first reasonable opportunity. 22
Division 2--Accreditation 23
of accreditation system 24
Purpose
Clause53. The purpose of the accreditation system provided by this Act is to 25
ensure that the wholesomeness and integrity of meat are maintained in a 26
way giving meat processors the opportunity to devise programs of 27
36
Meat Industry
production that-- 1
(a) best suit their particular circumstances; and 2
(b) reduce the need for day-to-day oversight by the Authority. 3
given by accreditation 4
Authority
An accreditation authorises the holder to process meat on the 5
Clause54.(1)
conditions stated in the accreditation and in this Act. 6
(2) An accreditation does not authorise the processing of meat derived 7
from an animal prescribed by regulation to be a prohibited animal. 8
(3) Subsection (2) applies to an accreditation even if an animal was not a 9
prohibited animal when the accreditation was granted. 10
(4) An accreditation does not authorise a person to do anything 11
prohibited under another Act. 12
for accreditation 13
Application
A person may apply to the Authority for the grant of an 14
Clause55.(1)
accreditation. 15
(2) The Authority may, by written notice, ask the applicant-- 16
(a) to give the Authority further information or documents relevant to 17
the application; or 18
(b) to allow meat safety officers to inspect premises, vehicles, plant 19
or equipment proposed to be used by the applicant. 20
(3) The Authority may refuse the application if the applicant does not 21
give the information or documents or allow the inspection. 22
(4) An application for accreditation must be-- 23
(a) made to the Authority in a form approved by the Authority; and 24
(b) accompanied by the fee prescribed by standard. 25
(5) Without limiting subsection (4)(a), the application must set out the 26
applicant's proposed program of production. 27
(6) The proposed program of production must be in sufficient detail to 28
allow the Authority to decide whether compliance with the program will 29
37
Meat Industry
ensure the wholesomeness and integrity of meat processed under the 1
program are maintained. 2
(7) If the Authority agrees, the applicant may amend the application 3
before the Authority has finished considering it. 4
on application for accreditation 5
Decision
Clause56.(1) The Authority must consider an application for an accreditation 6
and either-- 7
(a) grant the accreditation; or 8
(b) refuse to grant the accreditation. 9
(2) The Authority may grant a temporary accreditation under section 57 10
(Temporary accreditation pending final decision on application) while it is 11
considering the application. 12
accreditation pending final decision on application 13
Temporary
If an application is made for an accreditation, the Authority 14
Clause57.(1)
may grant a temporary accreditation under this section. 15
(2) The accreditation remains in force until the earliest of the following 16
happens-- 17
(a) the period, of not longer than 2 months, stated in the accreditation 18
ends; 19
(b) the application is finally decided by the Authority and the 20
applicant is notified of the Authority's decision; 21
(c) the accreditation is revoked at the Authority's discretion by notice 22
given to the applicant. 23
(3) A reference in this or another Act to an accreditation includes a 24
reference to a temporary accreditation in force under this section. 25
of accreditation 26
Granting
Clause58.(1) If the Authority decides to grant the accreditation sought by an 27
application, the Authority must promptly give the applicant-- 28
38
Meat Industry
(a) the accreditation; and 1
(b) if a condition is stated in the accreditation--a written notice stating 2
the applicant can appeal against the imposition of the condition to 3
the Tribunal within 28 days. 4
(2) The Authority may grant an accreditation (other than a temporary 5
accreditation under section 57 (Temporary accreditation pending final 6
decision on application)) only if the Authority is satisfied-- 7
(a) the premises and vehicles proposed to be used in the applicant's 8
proposed program of production-- 9
(i) are appropriate for the program; and 10
(ii) meet the standards for premises and vehicles; and 11
(b) the other aspects of the proposed program of production-- 12
(i) are appropriate for the proposed meat processing; and 13
(ii) meet the standards relevant to the proposed program. 14
(3) When the Authority grants the accreditation, the applicant's proposed 15
program of production becomes the approved program of production for 16
the accreditation. 17
to grant accreditation 18
Refusal
Clause59. If the Authority decides to refuse to grant the accreditation sought 19
by an application, the Authority must promptly give to the applicant a 20
written notice stating-- 21
(a) the decision; and 22
(b) the reasons for the decision; and 23
(c) that the applicant may appeal against the decision to the Tribunal 24
within 28 days. 25
of accreditation imposed by the Authority 26
Conditions
When the Authority grants an accreditation, it may impose 27
Clause60.(1)
reasonable and relevant conditions. 28
(2) The conditions must be stated in the accreditation. 29
39
Meat Industry
(3) Without limiting subsection (1), the Authority may impose 1
conditions about-- 2
(a) species of animals to be killed; or 3
(b) the type of meat to be used, whether by reference to species of 4
animals or otherwise; or 5
(c) where or from whom animals or meat may or may not be 6
obtained; or 7
(d) the scheduled inspections to be made by meat safety officers of 8
the operation of the approved program of production; or 9
(e) where or to whom meat may be disposed of; or 10
(f) quantity of throughput; or 11
(g) the premises, vehicles, plant and equipment to be used. 12
(4) A condition may confer powers on meat safety officers. 13
(5) If a power conferred on meat safety officers by a condition is 14
exercised by a meat safety officer, the power is taken to be exercised with 15
the consent of the holder of the accreditation. 16
of accreditation about audits of program of production 17
Condition
It is a condition of an accreditation that the holder of the 18
Clause61.
accreditation allow the Authority to perform, without notice to the holder-- 19
(a) the number of periodic audits of the approved program of 20
production stated in the accreditation; and 21
(b) if an audit shows a significant failure to follow the approved 22
program of production--the additional audits, at the holder's cost, 23
the Authority considers appropriate. 24
conditions of accreditation imposed by Act 25
Other
Clause62.(1) The following conditions also apply to an accreditation-- 26
(a) the holder of the accreditation must pay to the Authority, in 27
accordance with the standards, the annual and other fees payable 28
under the standards; 29
40
Meat Industry
(b) the meat processing authorised by the accreditation must be 1
carried out in accordance with the approved program of 2
production; 3
(c) if a disease appears in an animal or meat that is or is to be the 4
subject of the meat processing--the holder of the accreditation 5
must-- 6
(i) tell the Authority about the disease; and 7
(ii) give a meat safety officer the reasonable assistance the meat 8
safety officer requires to assess the implications of the 9
appearance of the disease; and 10
(iii) unless otherwise instructed by the Authority, retain 11
possession of the animal or meat, but keep it separate from 12
other animals or meat; 13
(d) the holder of the accreditation must, when asked by a meat safety 14
officer, produce for inspection-- 15
(i) the accreditation; or 16
(ii) a document the holder is required to keep under this Act or a 17
condition of the accreditation; 18
(e) the holder of the accreditation may make changes to premises, 19
vehicles, plant and equipment stated in the accreditation only with 20
the Authority's approval; 21
(f) the holder must comply with the standards. 22
transferable only under standards 23
Accreditation
Clause63. An accreditation may be transferred only under the standards. 24
of holder of accreditation 25
Nominee
The holder of an accreditation may, by written notice to the 26
Clause64.(1)
Authority, appoint a person to be the holder's nominee for the accreditation. 27
(2) The appointment may be made by nominating-- 28
(a) a person by name; or 29
41
Meat Industry
(b) a specified officer, or the holder of a specified office, by reference 1
to the title of the office concerned. 2
(3) A document required or permitted to be given under this Act to the 3
holder of the accreditation may be given to the holder's nominee. 4
(4) An agreement required or permitted to be made under this Act with 5
the holder of the accreditation may be made with the holder's nominee. 6
(5) A nomination under subsection (1) of a specified officer, or the 7
holder of a specified office, is taken to be the nomination of the person for 8
the time being occupying or acting in the office concerned. 9
of accreditation 10
Amendment
Clause65.(1) In this section-- 11
"amendment" of an accreditation includes-- 12
(a) an amendment of the approved program of production; and 13
(b) an amendment of the premises, vehicles, plant or equipment 14
stated in the accreditation; and 15
(c) another amendment of the conditions stated in the accreditation, 16
including, for example, an amendment by way of insertion of an 17
additional condition. 18
(2) If the Authority considers an accreditation should be amended, the 19
Authority must give the holder of the accreditation a written notice (the 20
"show cause notice") that-- 21
(a) states the reasons for the amendment; and 22
(b) outlines the facts and circumstances forming the basis of the 23
reasons; and 24
(c) invites the holder to show cause within a specified time, of not 25
less than 28 days, why the accreditation should not be amended. 26
(3) The Authority may amend the accreditation if, after considering all 27
representations made within the specified time, the Authority still considers 28
the accreditation should be amended-- 29
(a) in the way mentioned in the show cause notice; or 30
(b) in another way, having regard to the representations. 31
42
Meat Industry
(4) If the Authority decides to amend the accreditation, the Authority 1
must give the holder of the accreditation a written notice stating-- 2
(a) how the accreditation has been amended; and 3
(b) that the holder may appeal against the amendment to the Tribunal 4
within 28 days. 5
(5) Subsections (2) to (4) do not apply if the accreditation is to be 6
amended only-- 7
(a) by omitting a condition; or 8
(b) for a formal or clerical reason; or 9
(c) in another way that does not adversely affect the holder's 10
interests; or 11
(d) at the holder's request. 12
(6) The Authority may make an amendment of a type mentioned in 13
subsection (5) by written notice given to the holder. 14
(7) If the Authority amends the approved program of production for an 15
accreditation, the program as amended becomes the approved program of 16
production. 17
to return accreditation for alteration 18
Notice
The Authority may, by written notice, require the holder of an 19
Clause66.(1)
accreditation to return the accreditation to the Authority within a specified 20
time, of not less than 14 days, to enable the Authority to alter the 21
accreditation to reflect an amendment made under section 65 (Amendment 22
of accreditation). 23
(2) After altering the accreditation, the Authority must return it to the 24
holder. 25
(3) The holder of an accreditation must comply with a notice under 26
subsection (1), unless the holder has a reasonable excuse not to comply 27
with it. 28
Maximum penalty--40 penalty units. 29
(4) The amendment of an accreditation under section 65 (Amendment of 30
accreditation) does not depend on the accreditation being altered under this 31
43
Meat Industry
section. 1
or cancellation of accreditation 2
Suspension
Each of the following is a ground for the suspension or 3
Clause67.(1)
cancellation of an accreditation-- 4
(a) the accreditation was obtained by incorrect or misleading 5
information or documents or a false or misleading inspection; 6
(b) the holder has not paid fees or other amounts payable to the 7
Authority; 8
(c) the holder has contravened a condition of the accreditation; 9
(d) the holder has committed an offence against this Act. 10
(2) If the Authority considers a ground exists to suspend or cancel an 11
accreditation (the "action"), the Authority must give the holder of the 12
accreditation a written notice (the "show cause notice") that-- 13
(a) states the action proposed; and 14
(b) states the grounds for proposing to take the action; and 15
(c) outlines the facts and circumstances forming the basis for the 16
grounds; and 17
(d) if the Authority proposes to suspend accreditation--states the 18
proposed suspension period; and 19
(e) invites the holder to show cause within a specified time, of not 20
less than 28 days, why the action proposed should not be taken. 21
(3) If, after considering all representations made within the specified 22
time, the Authority still considers grounds to take the action exist, the 23
Authority may-- 24
(a) if the show cause notice was a notice of intention to suspend the 25
accreditation for a specified period--suspend the accreditation for 26
a period not longer than the specified period; or 27
(b) if the show cause notice was a notice of intention to cancel the 28
accreditation-- 29
(i) cancel the accreditation; or 30
44
Meat Industry
(ii) suspend the accreditation for a period. 1
(4) The Authority must inform the holder of the decision by written 2
notice. 3
(5) If the Authority decides to suspend or cancel the accreditation, the 4
notice must state-- 5
(a) the reasons for the decision; and 6
(b) that the holder may appeal against the decision to the Tribunal 7
within 28 days. 8
(6) The decision takes effect on the later of-- 9
(a) the day on which the notice is given to the holder; or 10
(b) the day specified in the notice. 11
of suspended or cancelled accreditation 12
Return
If the Authority cancels or suspends an accreditation, the 13
Clause68.(1)
Authority may, by written notice, require the holder of the accreditation to 14
return the accreditation to the Authority within a specified time, of at least 15
14 days. 16
(2) The holder must comply with the notice, unless the holder has a 17
reasonable excuse not to comply with it. 18
Maximum penalty--40 penalty units. 19
(3) If a suspended accreditation is returned to the Authority, the 20
Authority must return the accreditation to the holder at the end of the 21
suspension period. 22
of accreditation 23
Surrender
The holder of an accreditation may surrender an accreditation 24
Clause69.(1)
by written notice given to the Authority. 25
(2) The accreditation must accompany the notice. 26
Division 3--Standards 27
45
Meat Industry
tandards 1
S
The Authority may make standards for the purposes of this 2
Clause70.(1)
Act (other than Parts 2, 6 and 7). 3
(2) A standard may be made on any of the following subjects-- 4
(a) the delivery of animals to, and the handling of animals at, 5
saleyards and meat processing facilities; 6
(b) the marketing of animals at saleyards; 7
(c) dealing with animals before they are killed; 8
(d) premises, vehicles, plant and equipment used or intended to be 9
used for meat processing; 10
(e) the way meat processing is to be carried out; 11
(f) the accreditation of meat processing; 12
(g) the matters to be included in programs of production for meat 13
processing; 14
(h) quality assurance programs for meat processing, including the 15
training, knowledge and experience of persons involved in 16
carrying out quality assurance programs; 17
(i) the quality, grading and classification of meat; 18
(j) the packaging and labelling of meat; 19
(k) the blending or mixing of meat with other substances; 20
(l) the testing and analysis of meat, including when and by whom it 21
must be done; 22
(m) the transport and storage of meat, whether or not as part of meat 23
processing; 24
(n) sanitation, hygiene and the prevention of disease in animals and 25
meat; 26
(o) the marking of animals, meat and packages containing meat; 27
(p) dealing with, and disposal of, condemned meat; 28
(q) the powers of meat safety officers in relation to premises, 29
vehicles, plant and equipment used for meat processing 30
authorised by an accreditation; 31
46
Meat Industry
(r) the qualifications of meat safety officers and analysts; 1
(s) fees payable to the Authority or refundable by the Authority; 2
(t) the provision of information to the Authority by persons engaged 3
in meat processing; 4
(u) any other matter relevant to the wholesomeness or integrity of 5
meat or the interests of the industry. 6
(3) A standard may provide that contravention of a standard is an offence 7
and prescribe a maximum penalty, of not more than 40 penalty units, for 8
the offence. 9
must be approved by regulation 10
Standards
Clause71. A standard must be approved by regulation. 11
prevail over standards 12
Regulations
If there is any inconsistency between a regulation and a standard 13
Clause72.
(whether made before or after the regulation), the regulation prevails to the 14
extent of the inconsistency. 15
4--Major meat offences 16
Division
of conditions of accreditation 17
Contravention
Clause73. The holder of an accreditation must not contravene a condition of 18
the accreditation. 19
Maximum penalty--200 penalty units. 20
meat processing 21
Unauthorised
A person must not process meat other than under an 22
Clause74.(1)
accreditation. 23
Maximum penalty-- 24
(a) if the meat processing happens in trade or 25
commerce--3 000 penalty units; or 26
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(b) in any other case--500 penalty units. 1
(2) This section does not apply to meat processing by a person if-- 2
(a) the meat is, or is from, an animal (including wild game) killed at 3
premises by or on behalf of the owner of the premises and none 4
of the meat from the animal is-- 5
(i) intended for sale or sold; or 6
(ii) intended for use or used as food for paying guests; or 7
(iii) intended to be taken away or taken away from the premises; 8
or 9
(b) the meat is, or is from, wild game and none of the meat from the 10
game is-- 11
(i) intended for sale or sold; or 12
(ii) intended for use or used in trade or commerce. 13
substitution 14
Meat
A person must not, during meat processing (whether under an 15
Clause75.(1)
accreditation or otherwise), do something to meat-- 16
(a) with the intention of deceiving another person about the species of 17
animal the meat is from; or 18
(b) that the person should reasonably know is likely to have the 19
result, or is likely to contribute to the result, of another person 20
being deceived about the species of animal the meat is from. 21
Maximum penalty--3 000 penalty units. 22
(2) For the purposes of subsection (1)(b), it does not matter when the 23
result is likely to happen. 24
adulteration of meat 25
Unlawful
A person must not, during meat processing (whether under an 26
Clause76.
accreditation or otherwise), mix another substance with meat intended for 27
sale or to be used in trade or commerce if-- 28
(a) the meat is intended for human food and the substance is a 29
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substance prescribed under the Food Act 1981 as prohibited 1
generally or for meat for human food; or 2
(b) the mixing of the substance with the meat is prohibited by the 3
standards. 4
Maximum penalty--500 penalty units. 5
about official marks etc. 6
Offences
A person must not-- 7
Clause77.(1)
(a) manufacture, possess, apply, alter or remove an official mark; or 8
(b) manufacture or possess an official marking device; 9
unless the person is authorised to do so under the standards. 10
(2) A person must not manufacture, possess or apply a mark that-- 11
(a) is not an official mark; but 12
(b) resembles, or is apparently intended to resemble or pass for, an 13
official mark. 14
Maximum penalty--500 penalty units. 15
trade descriptions 16
False
Clause78.(1) A person must not apply a false trade description to meat. 17
Maximum penalty--500 penalty units. 18
(2) A person applies a false trade description to meat if it is applied to-- 19
(a) the meat; or 20
(b) a package containing the meat; or 21
(c) a covering, label, reel or thing used to contain, store or transport 22
the meat; or 23
(d) a document about the meat or used in another way likely to lead 24
another person to believe it describes or makes a representation 25
about the meat. 26
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of meat not packed or marked under standards 1
Possession
A person must not, in trade or commerce, possess meat packed 2
Clause79.
or marked otherwise than under the standards. 3
Maximum penalty--500 penalty units. 4
to commit offences 5
Attempts
A person who attempts to commit an offence against this 6
Clause80.(1)
Division commits an offence. 7
Maximum penalty--half the maximum penalty for committing the 8
attempted offence. 9
(2) Section 4 (Attempts to commit offences) of the Criminal Code 10
applies to the attempt. 11
5--Administration of accreditation provisions and standards 12
Division
powers of meat safety officer in relation to accredited 13
General
premises etc. 14
A meat safety officer may, at any time and without notice, 15
Clause81.(1)
enter premises, or enter or board a vehicle, stated in an accreditation. 16
(2) The entry or boarding may be made as part of periodic audit of the 17
accreditation's approved program of production or otherwise. 18
(3) The meat safety officer may-- 19
(a) inspect, examine, photograph or film the premises or vehicle or 20
anything in or on the premises or vehicle; and 21
(b) observe any meat processing taking place in or on the premises or 22
vehicle; and 23
(c) take samples from or of-- 24
(i) an animal (whether alive or dead) or meat in or on the 25
premises or vehicle; or 26
(ii) water, food additives or other substances used, or apparently 27
intended to be used, in or in association with meat 28
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processing in or on the premises or vehicle; or 1
(iii) any other substance in or on the premises or vehicle; or 2
(iv) any part of the premises or vehicle; and 3
(d) mark animals, meat or anything used, or apparently intended to 4
be used, in connection with animals or meat; and 5
(e) take into or onto the premises or vehicle any persons, equipment 6
and materials the officer reasonably requires for exercising 7
powers in relation to the premises or vehicle; and 8
(f) require the holder of the accreditation, or an employee of the 9
holder who is at the premises or on or in the vehicle, to give the 10
officer reasonable assistance in relation to the exercise of the 11
officer's powers under this Act. 12
(4) A person who is required by a meat safety officer under 13
subsection (3)(f) to give reasonable assistance to the officer must comply 14
with the requirement, unless the person has a reasonable excuse for not 15
complying with it. 16
Maximum penalty--40 penalty units. 17
(5) If the assistance is required to be given by a person by answering a 18
question or producing a document, the person is not excused from 19
providing the assistance on the ground the answer or production of the 20
document might tend to incriminate the person. 21
(6) Neither the answer nor the fact the person produced the document is 22
admissible in evidence against the person in a criminal proceeding (other 23
than a proceeding about the falsity of the answer or document) if-- 24
(a) before answering the question or producing the document, the 25
person claims that answering the question or producing the 26
document might tend to incriminate the person; and 27
(b) answering the question or producing the document might in fact 28
tend to incriminate the person. 29
(7) Subsection (6) does not apply to a document the holder of the 30
accreditation is required to keep under this Act or a condition of the 31
accreditation. 32
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of samples 1
Analysis
The Authority may cause samples taken by meat safety 2
Clause82.(1)
officers to be analysed. 3
(2) The cost of analysing samples taken from premises or vehicles stated 4
in an accreditation is a debt payable by the holder of the accreditation to the 5
Authority. 6
(3) A certificate purporting to be given by the Authority, and stating the 7
cost of analysing samples taken from specified premises or vehicles, is 8
evidence of the matter. 9
analysis 10
Meat
If the Authority submits a sample of meat taken by a meat 11
Clause83.(1)
safety officer to an analyst for analysis, the Authority must obtain from the 12
analyst a certificate certifying the results of the analysis and give the holder 13
of the accreditation concerned a copy of the certificate. 14
(2) If a particular method of analysis has been prescribed by standard, the 15
analyst must follow the method. 16
(3) A person must not use as an advertisement-- 17
(a) the results of an analysis made under this Act; or 18
(b) a communication received from an analyst about an analysis 19
made under this Act. 20
Maximum penalty for subsection (3)--40 penalty units. 21
to enforce standards for premises, vehicles, plant or equipment 22
Power
If premises, a vehicle, plant or equipment used for meat 23
Clause84.(1)
processing authorised by an accreditation does not comply with the 24
standards, the Authority may, by written notice to the holder of the 25
accreditation, require the holder to take specified action within a specified 26
time to comply with the standards. 27
(2) The notice may also prohibit use of the premises, vehicle, plant or 28
equipment for meat processing until it complies with the standards. 29
(3) If premises, a vehicle, plant or equipment used for meat processing 30
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authorised by an accreditation is, in the Authority's opinion, inappropriate 1
or no longer appropriate for use in meat processing or a particular use in 2
meat processing, the Authority may, by written notice to the holder of the 3
accreditation, prohibit that use of the premises, vehicle, plant or equipment. 4
(4) If the holder of an accreditation contravenes a notice given to the 5
holder under this section, the holder commits an offence. 6
Maximum penalty for subsection (4)--500 penalty units. 7
of meat to aid inspection 8
Seizure
A meat safety officer may seize meat that has been, or that the 9
Clause85.(1)
officer believes on reasonable grounds has been, the subject of meat 10
processing under an accreditation if the officer believes it is necessary to 11
seize the meat to prevent it being dealt with before its wholesomeness and 12
integrity can be decided. 13
(2) If a meat safety officer is later satisfied about the meat's 14
wholesomeness and integrity, the meat must be immediately released. 15
(3) However, if a meat safety officer is not satisfied, the meat becomes 16
the Authority's property if-- 17
(a) its seizure is not the subject of an appeal to the Tribunal within 48 18
hours after it is seized; or 19
(b) if its seizure is the subject of an appeal--the seizure is confirmed. 20
(4) Meat that becomes the Authority's property under subsection (3) 21
may be disposed of by the Authority in any reasonable way, but, if it is 22
sold, the net proceeds are to be paid to the holder of the accreditation or the 23
meat's previous owner. 24
to condemn meat as unfit for human food 25
Power
If a meat safety officer believes meat inspected by the meat 26
Clause86.(1)
safety officer is inappropriate for human food or does not comply with the 27
standards for human food, the meat safety officer-- 28
(a) may, by order, condemn the meat; and 29
(b) must, if the meat is condemned, take the action prescribed by 30
standard for warning that the meat has been condemned. 31
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(2) The meat safety officer may agree with the holder of the accreditation 1
not to condemn meat on condition that-- 2
(a) within an agreed time, the holder process the meat to make it 3
appropriate for human food or to comply with the standards for 4
human food; or 5
(b) the holder ensures the meat is used only for animal food. 6
(3) If the holder of the accreditation contravenes the agreed condition, the 7
holder commits an offence. 8
Maximum penalty for subsection (3)--500 penalty units. 9
to condemn meat as unfit for human or animal food 10
Power
If a meat safety officer believes meat inspected by the meat 11
Clause87.(1)
safety officer is inappropriate for both human and animal food or does not 12
comply with the standards for human or animal food, the meat safety 13
officer-- 14
(a) may, by order, condemn the meat; and 15
(b) must, if the meat is condemned, take the action prescribed by 16
standard for warning that the meat has been condemned. 17
(2) The meat safety officer may agree with the holder of the accreditation 18
not to condemn meat on condition that-- 19
(a) within an agreed time, the holder process the meat to make it 20
appropriate for human or animal food or to comply with the 21
standards for human or animal food; or 22
(b) the holder ensures the meat is used for agreed limited purposes. 23
(3) If the holder of the accreditation contravenes the agreed condition, the 24
holder commits an offence. 25
Maximum penalty for subsection (3)--500 penalty units. 26
of condemned meat 27
Disposal
If a meat safety officer condemns meat under section 86 28
Clause88.(1)
(Power to condemn meat as unfit for human food) or 87 (Power to 29
condemn meat as unfit for human or animal food), the meat safety officer 30
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may order the holder of the accreditation to dispose of the meat. 1
(2) The order may direct the holder how to dispose of the meat. 2
(3) The holder of the accreditation must comply with the order. 3
Maximum penalty for subsection (3)--500 penalty units. 4
of meat to enable analysis 5
Keeping
If, in a meat safety officer's opinion, an analysis of an animal 6
Clause89.(1)
or meat should be performed to decide whether an order should be made 7
under section 86 (Power to condemn meat as unfit for human food) or 87 8
(Power to condemn meat as unfit for human or animal food), the officer 9
may direct the holder of the accreditation concerned to ensure the meat is 10
kept as directed by the officer. 11
(2) If the direction is not complied with, the holder of the accreditation 12
commits an offence. 13
Maximum penalty for subsection (2)--500 penalty units. 14
on killing etc. diseased animals 15
Prohibition
Clause90.(1) If a meat safety officer believes an animal killed or intended to 16
be killed in meat processing is diseased, the meat safety officer may order 17
the holder of the accreditation not to use the animal for meat. 18
(2) The order may direct the holder or owner how to dispose of the 19
animal. 20
(3) A person who is given an order under this section must comply with 21
the order. 22
Maximum penalty for subsection (3)--500 penalty units. 23
to require segregation of person suffering from infectious 24
Power
disease 25
If a meat safety officer believes a person employed or 26
Clause91.(1)
otherwise taking part in meat processing has an infectious disease, the meat 27
safety officer may order the holder of the accreditation to segregate the 28
person from meat processing activities that might otherwise-- 29
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(a) result in the transmission of disease to a person or animal; or 1
(b) in some other way, cause the wholesomeness of the meat to be 2
adversely affected. 3
(2) The order may specify the extent to which or how the person is to be 4
segregated. 5
(3) The holder of the accreditation must comply with the order. 6
Maximum penalty--200 penalty units. 7
PART 5--ENFORCEMENT MATTERS 8
Division 1--Nature of powers of meat safety officers 9
of meat safety officers under this Part 10
Powers
Clause92.(1) The powers given to a meat safety officer under this Part are in 11
addition to, and do not limit, the powers given to a meat safety officer 12
under-- 13
(a) another Part of this Act; or 14
(b) a condition of an accreditation. 15
(2) The powers under this Part may be exercised in relation to-- 16
(a) premises and vehicles stated in an accreditation; and 17
(b) other premises and vehicles. 18
(3) If a meat safety officer may exercise a power under a provision of 19
this Part and another provision of this Act, the meat safety officer may 20
exercise the power under either or both provisions. 21
(4) If a meat safety officer may exercise a power under this Part and 22
under a condition of an accreditation, the officer may exercise the power 23
under either or both. 24
Division 2--Powers of meat safety officers in relation to places and 25
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vehicles 1
of place by meat safety officer 2
Entry
Clause93. A meat safety officer may enter a place if-- 3
(a) the occupier of the place consents to the entry; or 4
(b) it is a public place and the entry is made when the place is open to 5
the public; or 6
(c) the entry is authorised by a warrant. 7
8
Warrants
A meat safety officer may apply to a Magistrate for a warrant 9
Clause94.(1)
for a place. 10
(2) The application must-- 11
(a) be sworn; and 12
(b) set out the grounds on which the warrant is sought. 13
(3) The Magistrate may refuse to consider the application until the meat 14
safety officer gives the Magistrate all the information the Magistrate 15
requires about the application in the way the Magistrate requires. 16
Example-- 17
The Magistrate may require additional information supporting the 18
application be given by statutory declaration. 19
(4) The Magistrate may issue a warrant only if the Magistrate is satisfied 20
there are reasonable grounds for suspecting-- 21
(a) there is a particular thing or activity (the "evidence") that may 22
provide evidence of the commission of an offence against this 23
Act; and 24
(b) the evidence is, or may be within the next 7 days, at the place. 25
(5) The warrant must state-- 26
(a) that the meat safety officer may, with necessary and reasonable 27
assistance and force-- 28
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(i) enter the place; and 1
(ii) exercise the meat safety officer's powers under this Act; and 2
(b) the evidence for which the warrant is issued; and 3
(c) the hours of the day when entry may be made; and 4
(d) the day (within 14 days after the warrant's issue) on which the 5
warrant stops having effect. 6
made otherwise than in person 7
Warrants--applications
A meat safety officer may apply for a warrant by phone, fax, 8
Clause95.(1)
radio or another form of communication if the meat safety officer considers 9
it necessary because of-- 10
(a) urgent circumstances; or 11
(b) other special circumstances, including, for example, the officer's 12
remote location. 13
(2) Before applying for the warrant, the meat safety officer must prepare 14
an application setting out the grounds on which the warrant is sought. 15
(3) The meat safety officer may apply for the warrant before the 16
application is sworn. 17
(4) If the Magistrate issues the warrant and it is reasonably practicable to 18
fax a copy of it to the meat safety officer, the Magistrate must immediately 19
fax the copy to the officer. 20
(5) If the Magistrate issues the warrant but it is not reasonably practicable 21
to fax a copy of it to the meat safety officer-- 22
(a) the Magistrate must-- 23
(i) tell the officer what the terms of the warrant are; and 24
(ii) tell the officer the date and time the warrant was signed; and 25
(iii) record the reasons for issuing the warrant on the warrant; 26
and 27
(b) the officer must-- 28
(i) complete a form of warrant ("warrant form") in the same 29
terms as the warrant issued by the Magistrate; and 30
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(ii) write on the warrant form the name of the Magistrate and the 1
date and time the Magistrate signed the warrant. 2
(6) The facsimile warrant, or the warrant form properly completed by the 3
meat safety officer, is authority for the entry and the exercise of the other 4
powers authorised by the warrant issued by the Magistrate. 5
(7) The meat safety officer must send to the Magistrate-- 6
(a) the sworn application; and 7
(b) if a warrant form was completed by the officer--the completed 8
warrant form. 9
(8) The sworn application and any completed warrant form must be sent 10
to the Magistrate at the earliest practicable opportunity. 11
(9) When the Magistrate receives the application and any warrant form, 12
the Magistrate must attach them to the warrant issued by the Magistrate. 13
(10) If-- 14
(a) it is material for a court to be satisfied the exercise of a power was 15
authorised by a warrant issued under this section; and 16
(b) the warrant is not produced in evidence; 17
the court must assume the exercise of power was not authorised by a 18
warrant, unless the contrary is proved. 19
or boarding of vehicles 20
Entry
Clause96.(1) A meat safety officer may enter or board a vehicle if the officer 21
has reasonable grounds for suspecting-- 22
(a) the vehicle is being, or has been, used in the commission of an 23
offence against this Act; or 24
(b) the vehicle, or a thing in or on the vehicle, may provide evidence 25
of the commission of an offence against this Act. 26
(2) If the vehicle is moving or about to move, the meat safety officer 27
may signal the person in control of the vehicle-- 28
(a) to stop the vehicle; or 29
(b) not to move the vehicle. 30
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(3) To enable the vehicle to be entered or boarded, the meat safety officer 1
may-- 2
(a) act with necessary and reasonable assistance and force; and 3
(b) require the person in control of the vehicle to give reasonable 4
assistance to the officer. 5
(4) A person must not disobey a signal under subsection (2), unless the 6
person has a reasonable excuse. 7
Maximum penalty--40 penalty units. 8
(5) A person must not fail to comply with a requirement under 9
subsection (3)(b), unless the person has a reasonable excuse. 10
Maximum penalty--40 penalty units. 11
(6) It is a reasonable excuse for a person to disobey a signal under 12
subsection (2) if-- 13
(a) the person reasonably believes that to obey the signal immediately 14
would have endangered the person or another person; and 15
(b) the person obeys the signal as soon as it is practicable to obey it. 16
safety officer's general powers in relation to places and vehicles 17
Meat
A meat safety officer who enters a place, or enters or boards a 18
Clause97.(1)
vehicle, under this Part may-- 19
(a) inspect, examine, photograph or film anything in or on the place 20
or vehicle; or 21
(b) search any part of the place or vehicle; or 22
(c) take samples of or from anything in or on the place or vehicle; or 23
(d) take extracts from, or make copies of, any documents in or on the 24
place or vehicle; or 25
(e) take into or onto the place or vehicle any persons, equipment and 26
materials the meat safety officer reasonably requires for 27
exercising any powers in relation to the place or vehicle; or 28
(f) require the occupier of the place, or any person in or on the place 29
or vehicle, to give the officer reasonable assistance in relation to 30
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the exercise of the powers mentioned in paragraphs (a) to (e); or 1
(g) if the officer enters or boards a vehicle--require the person in 2
control of the vehicle-- 3
(i) to bring the vehicle to a specified place; and 4
(ii) to remain in control of the vehicle at the place for a 5
reasonable time; 6
to enable the officer to exercise the powers mentioned in 7
paragraphs (a) to (e). 8
(2) A person who is required by a meat safety officer under 9
subsection (1)(f) to give reasonable assistance to the officer in relation to the 10
exercise of a power must comply with the requirement, unless the person 11
has a reasonable excuse for not complying with it. 12
Maximum penalty--40 penalty units. 13
(3) If the assistance is required to be given by a person by-- 14
(a) answering a question; or 15
(b) producing a document (other than a document required to be kept 16
by the person under this Act); 17
it is a reasonable excuse for the person to fail to answer the question, or 18
produce the document, if complying with the requirement might tend to 19
incriminate the person. 20
(4) A person who is required by a meat safety officer under 21
subsection (1)(g) to take action in relation to a vehicle must comply with the 22
requirement, unless the person has a reasonable excuse for not complying 23
with it. 24
Maximum penalty--40 penalty units. 25
to seize evidence 26
Power
A meat safety officer who enters a place under this Part under 27
Clause98.(1)
the authority of a warrant may seize the evidence for which the warrant was 28
issued. 29
(2) A meat safety officer who enters a place under this Part with the 30
consent of the occupier may seize the particular thing for which the entry 31
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was made if the officer believes on reasonable grounds the thing is evidence 1
of an offence against this Act. 2
(3) A meat safety officer who enters a place under this Part may also 3
seize another thing if the officer believes on reasonable grounds-- 4
(a) the thing is evidence of the commission of an offence against this 5
Act; and 6
(b) the seizure is necessary to prevent-- 7
(i) the concealment, loss, death or destruction of the thing; or 8
(ii) the use of the thing in committing, continuing or repeating 9
the offence. 10
(4) A meat safety officer who enters or boards a vehicle under this Part 11
may-- 12
(a) seize a thing in or on the vehicle; or 13
(b) after searching the vehicle--seize the vehicle; 14
if the officer believes on reasonable grounds the thing or vehicle is evidence 15
of the commission of an offence against this Act. 16
after thing seized 17
Procedure
As soon as practicable after a thing (including a vehicle) is 18
Clause99.(1)
seized by a meat safety officer under this Part, the officer must give a 19
receipt for it to the person from whom it was seized. 20
(2) If, for any reason, it is not practicable to comply with subsection (1), 21
the meat safety officer must-- 22
(a) leave the receipt at the place where the thing was seized; and 23
(b) ensure the receipt is left-- 24
(i) in a reasonably secure way; and 25
(ii) in a conspicuous position. 26
(3) The meat safety officer must allow a person who would be entitled to 27
the seized thing if it were not in the officer's possession-- 28
(a) to inspect it; or 29
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(b) if it is a document--to take extracts from it or make copies of it. 1
(4) The meat safety officer must return the seized thing to the person at 2
the end of-- 3
(a) 6 months; or 4
(b) if a prosecution for an offence involving it is started within 5
6 months--the prosecution for the offence and any appeal from 6
the prosecution. 7
(5) Despite subsection (4), the meat safety officer must return the seized 8
thing to the person immediately the officer stops being satisfied its retention 9
as evidence is necessary. 10
(6) However, the meat safety officer may retain the seized thing if the 11
officer believes, on reasonable grounds, that its continued retention is 12
necessary to prevent its use in committing an offence against this Act. 13
3--Seizure of unlawfully processed meat 14
Division
of meat 15
Seizing
Clause100.(1) A meat safety officer may seize meat if the officer-- 16
(a) enters a place, or enters or boards a vehicle under this Part; and 17
(b) finds the meat in or on the place or vehicle; and 18
(c) believes, on reasonable grounds, that an offence has been 19
committed against section 74 (Unauthorised meat processing) in 20
relation to the meat. 21
(2) The meat becomes the Authority's property if-- 22
(a) its seizure is not the subject of an appeal to a Magistrates Court 23
within 48 hours after its seizure; or 24
(b) if its seizure is the subject of an appeal to a Magistrates 25
Court--the seizure is confirmed. 26
and how to start appeal 27
Where
The appeal may be made to the Magistrates Court nearest 28
Clause101.(1)
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where the meat was seized. 1
(2) The appeal is started by-- 2
(a) filing a written notice of appeal with the clerk of the court of the 3
Magistrates Court; and 4
(b) giving a copy of the notice to the Authority. 5
(3) Without limiting subsection (2)(b), the Authority is given a copy of 6
the notice if a copy is given to the meat safety officer who seized the meat. 7
(4) The notice of appeal must state the grounds of the appeal. 8
procedures 9
Hearing
The power to make rules of court under the Magistrates 10
Clause102.(1)
Courts Act 1921 includes power to make rules of court for appeals to 11
Magistrates Courts under this Act. 12
(2) The procedure for an appeal to a Magistrates Court under this Act is 13
to be-- 14
(a) in accordance with the rules made under the Magistrates Courts 15
Act 1921; or 16
(b) in the absence of relevant rules, as directed by a Magistrate. 17
(3) In deciding the appeal, the Magistrates Court-- 18
(a) is not bound by the rules of evidence; and 19
(b) must observe natural justice; and 20
(c) may hear the appeal in court or chambers. 21
of Magistrates Court on appeal 22
Powers
Clause103. In deciding the appeal, the Magistrates Court may-- 23
(a) confirm the seizure of the meat; or 24
(b) set aside the seizure and order the return of the meat. 25
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to District Court on questions of law only 1
Appeal
A party aggrieved by the decision of the Magistrates Court may 2
Clause104.
appeal to a District Court, but only on a question of law. 3
of seized meat 4
Disposal
Meat that becomes the Authority's property under this 5
Clause105.(1)
Division may be disposed of in any reasonable way. 6
(2) However, if-- 7
(a) the seizure of the meat is the subject of an appeal to a Magistrates 8
Court; and 9
(b) the Magistrates Court confirms the seizure; 10
the Court may direct the Authority how to dispose of the meat. 11
Division 4--Other enforcement powers of meat safety officers 12
to require name and address 13
Power
A meat safety officer may require a person to state the 14
Clause106.(1)
person's name and address if the meat safety officer-- 15
(a) finds the person committing an offence against this Act; or 16
(b) finds the person in circumstances that lead, or has information 17
that leads, the officer to suspect on reasonable grounds the person 18
has just committed an offence against this Act. 19
(2) When making the requirement, the meat safety officer must warn the 20
person it is an offence to fail to state the person's name and address, unless 21
the person has a reasonable excuse. 22
(3) The meat safety officer may require the person to give evidence of the 23
correctness of the person's name or address if the officer suspects, on 24
reasonable grounds, that the name or address given is false. 25
(4) A person must comply with a meat safety officer's requirement 26
under subsection (1) or (3), unless the person has a reasonable excuse for 27
not complying with it. 28
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Maximum penalty--40 penalty units. 1
(5) The person does not commit an offence against this section if-- 2
(a) the meat safety officer required the person to state the person's 3
name and address on suspicion of the person having committed 4
an offence against this Act; and 5
(b) the person is not proved to have committed the offence. 6
to require information from certain persons 7
Power
This section applies if a meat safety officer suspects, on 8
Clause107.(1)
reasonable grounds-- 9
(a) an offence against this Act has happened; and 10
(b) a person may be able to give information about the offence. 11
(2) The meat safety officer may require the person to give information 12
about the offence. 13
(3) When making the requirement, the meat safety officer must warn the 14
person it is an offence to fail to give the information, unless the person has a 15
reasonable excuse. 16
(4) The person must comply with the requirement, unless the person has 17
a reasonable excuse for not complying with it. 18
Maximum penalty--40 penalty units. 19
(5) It is a reasonable excuse for the person to fail to give information if 20
giving the information might tend to incriminate the person. 21
(6) The person does not commit an offence against this section if the 22
information sought by the meat safety officer is not in fact relevant to the 23
offence. 24
to require production of documents 25
Power
A meat safety officer may require a person to produce a 26
Clause108.(1)
document required to be kept by the person under this Act to the officer for 27
inspection. 28
(2) The person must produce the document, unless the person has a 29
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reasonable excuse for not producing it. 1
Maximum penalty--40 penalty units. 2
(3) The meat safety officer may keep the document to take an extract 3
from it or make a copy of it. 4
(4) The meat safety officer must return the document to the person as 5
soon as practicable after taking the extract or making the copy. 6
5--Other enforcement matters 7
Division
orders 8
Restraining
The Authority may bring a proceeding in a District Court for 9
Clause109.(1)
an order to restrain a person from-- 10
(a) continuing or repeating a particular activity; or 11
(b) committing an offence against this Act. 12
(2) The Court may make an order under subsection (1)(a) if it is 13
satisfied-- 14
(a) the person will commit an offence against this Act if the person 15
continues or repeats the activity; and 16
(b) the activity may adversely affect the health of persons or animals. 17
(3) The Court may make an order under subsection (1)(b) if it is satisfied 18
the person has been convicted of an offence against this Act on at least 3 19
separate occasions. 20
(4) If a person contravenes an order under this section, the person 21
commits an offence against this subsection. 22
Maximum penalty for subsection (4)--500 penalty units. 23
or misleading information 24
False
A person must not-- 25
Clause110.(1)
(a) state anything to a meat safety officer the person knows is false or 26
misleading in a material particular; or 27
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(b) omit from a statement made to a meat safety officer anything 1
without which the statement is, to the person's knowledge, 2
misleading in a material particular. 3
Maximum penalty--60 penalty units. 4
(2) A complaint against a person for an offence against subsection (1)(a) 5
or (b) is sufficient if it states the statement made was false or misleading to 6
the person's knowledge. 7
or misleading documents 8
False
Clause111.(1) A person must not give the Authority or a meat safety officer 9
a document containing information the person knows is false, misleading or 10
incomplete in a material particular. 11
Maximum penalty--60 penalty units. 12
(2) Subsection (1) does not apply to a person who, when giving the 13
document-- 14
(a) informs the Authority or meat safety officer of the extent to 15
which the document is false, misleading or incomplete; and 16
(b) gives the correct information to the Authority or officer if the 17
person has, or can reasonably obtain, the correct information. 18
19
Compensation
A person may claim compensation from the Authority if the 20
Clause112.(1)
person incurs loss or expense because of the exercise or purported exercise 21
of a power under this Part. 22
(2) Payment of compensation may be claimed and ordered in a 23
proceeding for-- 24
(a) compensation brought in a court of competent jurisdiction; or 25
(b) an offence against this Act brought against the person making the 26
claim for compensation. 27
(3) A court may order the payment of compensation for the loss or 28
expense only if it is satisfied it is just to make the order in the circumstances 29
of the particular case. 30
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safety officer to give notice of damage 1
Meat
A meat safety officer who, in the exercise of a power under 2
Clause113.(1)
this Part, damages anything must immediately give written notice of the 3
particulars of the damage. 4
(2) The notice must be given to the person who appears to the meat 5
safety officer to be the owner of the thing. 6
(3) If, for any reason, it is not practicable to comply with subsection (2), 7
the meat safety officer must-- 8
(a) leave the notice at the place where the damage happened; and 9
(b) ensure the notice is left-- 10
(i) in a reasonably secure way; and 11
(ii) in a conspicuous position. 12
to entry 13
Consent
Clause114.(1) This section applies if a meat safety officer intends to seek the 14
consent of an occupier of a place to the entry of the place by the officer 15
under this Part. 16
(2) Before seeking the consent, the meat safety officer may inform the 17
occupier that the occupier may refuse to give the consent. 18
(3) If the consent is given, the meat safety officer may ask the occupier to 19
sign an acknowledgment of the consent. 20
(4) The acknowledgment must-- 21
(a) state the occupier was informed of the occupier's right to refuse 22
to give the consent; and 23
(b) state the occupier gave the meat safety officer consent under this 24
Part-- 25
(i) to enter the place; and 26
(ii) to exercise the powers mentioned in section 97 (Meat safety 27
officer's general powers in relation to places and vehicles); 28
and 29
(c) specify the time at and date on which the consent was given. 30
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of consent 1
Evidence
Clause115.(1) This section applies to a proceeding if-- 2
(a) it is material for a court to be satisfied of the consent of an 3
occupier of a place to the entry of the place by a meat safety 4
officer under this Part; and 5
(b) an acknowledgment under section 114 (Consent to entry) is not 6
produced in evidence. 7
(2) In a proceeding to which this section applies, the court may assume 8
the occupier did not consent, unless the contrary is proved. 9
of meat safety officers 10
Obstruction
A person must not obstruct a meat safety officer in the exercise 11
Clause116.
of a power, unless the person has a reasonable excuse. 12
Maximum penalty--60 penalty units. 13
of meat safety officer 14
Impersonation
Clause117. A person must not pretend to be a meat safety officer. 15
Maximum penalty--80 penalty units. 16
6--Evidence 17
Division
provisions 18
Evidentiary
Clause118.(1) This section applies to a proceeding under this Act. 19
(2) Unless a party, by reasonable notice, requires proof of-- 20
(a) the appointment of a meat safety officer; or 21
(b) the authority of a meat safety officer to do anything under this 22
Act; 23
the appointment or authority must be assumed. 24
(3) A signature purporting to be the signature of the chief executive 25
officer or secretary of the Authority, the Chief Meat Officer, a meat safety 26
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officer or an analyst is evidence of the signature it purports to be. 1
(4) A certificate purporting to be signed by the chief executive officer or 2
secretary and stating any of the following matters is evidence of the 3
matter-- 4
(a) a specified document is-- 5
(i) an accreditation or a copy of an accreditation; or 6
(ii) an order, direction or decision, or a copy of an order, 7
direction or decision, given or made under this Act; or 8
(iii) a notice, or a copy of a notice, given under this Act; or 9
(iv) a record, or a copy of a record, kept under this Act; or 10
(v) a document, or a copy of a document, kept under this Act; 11
(b) on a specified day, or throughout a specified period, a specified 12
person was or was not the holder of an accreditation or a specified 13
accreditation; 14
(c) a specified accreditation was or was not in force on a specified 15
day or throughout a specified period; 16
(d) on a specified day, a specified accreditation-- 17
(i) was suspended for a specified period; or 18
(ii) was cancelled; 19
(e) on a specified day, a specified person was given a specified 20
notice, order or direction under this Act; 21
(f) a specified fee or other amount is payable by a specified person to 22
the Authority and has not been paid. 23
(5) A certificate purporting to be signed by an analyst, and stating-- 24
(a) the analyst received from a specified person the sample 25
mentioned in the certificate; and 26
(b) the analyst analysed the sample on a specified day and at a 27
specified place; and 28
(c) the results of the analysis; 29
is evidence of the matter stated in the certificate. 30
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of executive officers, employees and agents 1
Conduct
Clause119.(1) In this section-- 2
"engaging" in conduct includes failing to engage in conduct; 3
"representative" means-- 4
(a) in relation to a corporation--an executive officer, employee or 5
agent of the corporation; or 6
(b) in relation to an individual--an employee or agent of the 7
individual; 8
"state of mind" of a person includes-- 9
(a) the person's knowledge, intention, opinion, belief or purpose; and 10
(b) the person's reasons for the intention, opinion, belief or purpose. 11
(2) If, in a proceeding for an offence against this Act, it is necessary to 12
establish the state of mind of a corporation about particular conduct, it is 13
sufficient to show-- 14
(a) the conduct was engaged in by a representative of the corporation 15
within the scope of the representative's actual or apparent 16
authority; and 17
(b) the representative had the state of mind. 18
(3) Conduct engaged in on behalf of a corporation by a representative of 19
the corporation within the scope of the representative's actual or apparent 20
authority is taken, in a proceeding for an offence against this Act, to have 21
been engaged in also by the corporation unless the corporation establishes it 22
took reasonable precautions and exercised proper diligence to avoid the 23
conduct. 24
(4) If, in a proceeding for an offence against this Act, it is necessary to 25
establish the state of mind of an individual about particular conduct, it is 26
sufficient to show-- 27
(a) the conduct was engaged in by a representative of the individual 28
within the scope of the representative's actual or apparent 29
authority; and 30
(b) the representative had the state of mind. 31
(5) Conduct engaged in on behalf of an individual by a representative of 32
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the individual within the scope of the representative's actual or apparent 1
authority is taken, in a proceeding for an offence against this Act, to have 2
been engaged in also by the individual unless the individual establishes the 3
individual took reasonable precautions and exercised proper diligence to 4
avoid the conduct. 5
PART 6--ADMINISTRATIVE APPEALS 6
1--The Meat Industry Tribunal 7
Division
of Tribunal 8
Establishment
Clause120. The Meat Industry Tribunal is established. 9
of Tribunal 10
Composition
The Tribunal is to consist of 3 members appointed by the 11
Clause121.(1)
Governor in Council of whom-- 12
(a) 1 (the chairperson) is to be a barrister or solicitor; and 13
(b) at least 1 is to be a person with wide knowledge and experience of 14
the industry. 15
(2) A person is not eligible to be appointed as a member of the Tribunal 16
if the person is a member of-- 17
(a) the Legislative Assembly, or of any House of Parliament of the 18
Commonwealth, another State or a Territory; or 19
(b) the Authority or the Abattoir Corporation. 20
(3) The appointment of a member of the Tribunal is to be for the term 21
stated in the member's instrument of appointment. 22
(4) The office of a member of the Tribunal becomes vacant if the 23
member-- 24
(a) resigns by signed notice to the Minister; or 25
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Meat Industry
(b) is absent from 3 consecutive sittings of the Tribunal without the 1
chairperson's or Minister's leave and without reasonable excuse; 2
or 3
(c) is convicted of an indictable offence or an offence against this 4
Act; or 5
(d) becomes employed by, or a contractor of, the Authority; or 6
(e) is removed from office by the Governor in Council under 7
subsection (5). 8
(5) The Governor in Council may remove a member of the Tribunal 9
from office if the member-- 10
(a) engages in misbehaviour; or 11
(b) becomes incapable of performing the duties of a member because 12
of physical or mental incapacity; or 13
(c) is incompetent; or 14
(d) becomes a person who, because of subsection (2), would not be 15
eligible to be appointed as a member of the Tribunal; or 16
(e) uses the office for party political purposes. 17
(6) The Governor in Council may appoint a person to act as a member of 18
the Tribunal during-- 19
(a) any vacancy, or all vacancies, in the office of a member; or 20
(b) any period, or all periods, when the member is absent or unable 21
for any reason to perform the duties of the office. 22
of members 23
Remuneration
A member of the Tribunal is entitled to be paid the salary, fees 24
Clause122.
and allowances decided by the Governor in Council. 25
and staff 26
Secretary
The Tribunal is to have a secretary and the other staff necessary 27
Clause123.
for the proper performance of its functions. 28
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of Tribunal 1
Expenses
The Authority must meet all expenses (including salaries, fees 2
Clause124.
and allowances payable to members of the Tribunal) properly incurred by 3
the Tribunal. 4
2--Proceedings of Tribunal 5
Division
and place of proceedings 6
Time
The Tribunal is to sit at the times and places the chairperson 7
Clause125.
decides. 8
of Tribunal 9
Decisions
The Tribunal may be formed for the purpose of hearing an 10
Clause126.(1)
appeal by the chairperson and 1 or 2 other members. 11
(2) If the Tribunal is formed by 3 members, a decision in which a 12
majority of the members agree is a decision of the Tribunal. 13
(3) If the Tribunal is formed by 2 members, the decision of the 14
chairperson is to be the decision of the Tribunal if there is a disagreement. 15
and procedure 16
Evidence
The Tribunal is not bound by the rules of evidence and may 17
Clause127.(1)
inform itself in any way it considers appropriate, but must observe natural 18
justice. 19
(2) Subject to any procedural rules prescribed by regulation, the Tribunal 20
may decide its own procedures. 21
(3) A party to an appeal may appear personally or by an agent before the 22
Tribunal but may be represented by counsel or a solicitor only with leave of 23
the Tribunal or the chairperson. 24
(4) The Tribunal, formed by the chairperson alone, may conduct a 25
preliminary hearing of an appeal to decide interlocutory and other 26
preliminary matters. 27
(5) In a preliminary hearing, the Tribunal may-- 28
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Meat Industry
(a) make orders for the conduct of the appeal; or 1
(b) require parties to make discovery or permit inspection of 2
evidentiary material; or 3
(c) require parties to file pleadings; or 4
(d) grant a party leave to be represented by counsel or a solicitor; or 5
(e) strike out the appeal because it is frivolous or vexatious. 6
osts 7
C
Each party in an appeal bears the party's own costs of the 8
Clause128.(1)
appeal. 9
(2) However, if the Tribunal strikes out an appeal under 10
section 127(5)(e), the Tribunal may order the appellant to pay to the 11
Authority the amount the Tribunal considers to be the cost to the Authority 12
of the expenses of the Tribunal for the appeal. 13
(3) The amount may be recovered by the Authority as a debt payable to 14
the Authority by the appellant. 15
in relation to witnesses etc. 16
Powers
The chairperson, or a person who has the chairperson's 17
Clause129.(1)
written authority, may, by written notice given to a person, require the 18
person to appear before the Tribunal at a specified time and place to give 19
evidence or to produce specified documents. 20
(2) The chairperson, or a person authorised by the chairperson, may 21
administer an oath or affirmation to a person appearing as a witness before 22
the Tribunal. 23
(3) A person who is given a notice under subsection (1) must-- 24
(a) attend as required by the notice; and 25
(b) continue to attend as required by the chairperson until excused 26
from further attendance. 27
Maximum penalty--40 penalty units. 28
(4) A person appearing as a witness before the Tribunal must not-- 29
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Meat Industry
(a) fail to take an oath or make an affirmation when required by the 1
chairperson; or 2
(b) fail, without reasonable excuse, to answer a question the person is 3
required to answer by the chairperson; or 4
(c) fail, without reasonable excuse, to produce a document the person 5
is required to produce by a notice under subsection (1). 6
Maximum penalty--40 penalty units. 7
(5) It is a reasonable excuse for a person to fail to answer a question or to 8
produce a document if answering the question or producing the document 9
might tend to incriminate the person. 10
(6) A person required to appear as a witness before the Tribunal is 11
entitled to the witness fees prescribed by regulation or, if no witness fees are 12
prescribed, the witness fees decided by the chairperson. 13
3--Jurisdiction of Tribunal 14
Division
to Tribunal 15
Appeals
A person aggrieved by an order, direction, requirement or 16
Clause130.(1)
other decision of the Authority or a meat safety officer may appeal against 17
the decision to the Tribunal. 18
(2) However, the following decisions cannot be appealed against-- 19
(a) a decision of the Authority about making, amending or repealing 20
a standard; 21
(b) a decision of the Authority about its policy; 22
(c) a decision of the Authority about starting or continuing a 23
prosecution against a person for an offence against this Act; 24
(d) a decision made in relation to an employee of the Authority in the 25
person's capacity as an employee; 26
(e) a decision of a meat safety officer that is, by regulation, the 27
subject of administrative review by the Authority or an officer of 28
the Authority; 29
(f) a requirement or other decision of a meat safety officer under 30
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Meat Industry
Part 5 (Enforcement matters). 1
(3) In this section, a reference to a decision includes a reference to a 2
failure to make a decision. 3
to start an appeal 4
How
Clause131.(1) An appeal is started by-- 5
(a) filing a written notice of appeal with the Tribunal; and 6
(b) giving a copy of the notice to the Authority. 7
(2) The notice of appeal must be filed within 28 days after the appellant 8
receives notice of the decision appealed against. 9
(3) The Tribunal may at any time extend the period for filing the notice of 10
appeal. 11
(4) The notice of appeal must state the grounds of the appeal. 12
of operation of decisions etc. 13
Stay
The Tribunal has power to stay a decision appealed against 14
Clause132.(1)
for the purpose of securing the effectiveness of the appeal. 15
(2) A stay-- 16
(a) may be granted on conditions the Tribunal considers appropriate; 17
and 18
(b) has effect for the period specified by the Tribunal; and 19
(c) may be revoked or amended by the Tribunal. 20
(3) The period of a stay specified by the Tribunal must not extend past 21
the time when the Tribunal decides the appeal. 22
(4) An appeal against a decision does not affect the decision unless it is 23
stayed. 24
of Tribunal on appeal 25
Powers
Clause133.(1) In deciding an appeal, the Tribunal may-- 26
(a) confirm the decision appealed against; or 27
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Meat Industry
(b) set the decision aside and substitute another decision; or 1
(c) set the decision aside and return the matter to the Authority or 2
meat safety officer with directions the Tribunal considers 3
appropriate. 4
(2) In substituting another decision, the Tribunal has the same powers as 5
the Authority or meat safety officer. 6
Example-- 7
The Tribunal may decide that an unsuccessful applicant for an 8
accreditation be granted the accreditation and state specified conditions in the 9
accreditation. 10
(3) If the Tribunal substitutes another decision the substituted decision is 11
taken, for the purposes of this Act, to be the decision of the Authority or 12
meat safety officer. 13
PART 7--QUEENSLAND ABATTOIR 14
CORPORATION 15
Division 1--Establishment of Abattoir Corporation 16
17
Establishment
Clause134. The Queensland Abattoir Corporation is established. 18
Corporation is a body corporate etc. 19
Abattoir
Clause135.(1) The Abattoir Corporation-- 20
(a) is a body corporate with perpetual succession; and 21
(b) has a common seal; and 22
(c) may sue and be sued in its corporate name. 23
(2) The Abattoir Corporation does not represent the State. 24
(3) The Abattoir Corporation is an exempt public authority under the 25
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Meat Industry
Corporations Law. 1
Division 2--Functions and powers of Abattoir Corporation 2
unctions 3
F
The Abattoir Corporation's primary function is to operate 4
Clause136.(1)
meat processing and associated facilities. 5
(2) The other functions of the Abattoir Corporation are-- 6
(a) to produce meat and other meat processing products; and 7
(b) to supply meat processing services and facilities, and associated 8
facilities, for other persons; and 9
(c) to trade in livestock, meat and other meat processing products; 10
and 11
(d) to supply services and facilities to enable other persons to trade in 12
livestock, meat and other meat processing products; and 13
(e) to advise the Minister on issues affecting the Corporation, either 14
on the Corporation's own initiative or if asked by the Minister. 15
(3) The Abattoir Corporation may trade in livestock and meat only with 16
the Minister's written approval. 17
(4) An approval under subsection (3) may be given on conditions. 18
(5) The Abattoir Corporation must perform its functions on a 19
commercial basis. 20
(6) Parts 4 and 5 apply to the Abattoir Corporation in the same way as 21
they apply to any other person who operates meat processing and associated 22
facilities. 23
powers 24
General
The Abattoir Corporation has, for or in connection with the 25
Clause137.(1)
performance of its functions, all the powers of a natural person, and may, 26
for example-- 27
(a) enter into contracts; and 28
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Meat Industry
(b) acquire, hold, deal with and dispose of property; and 1
(c) appoint agents and attorneys; and 2
(d) make charges for services and facilities it supplies; and 3
(e) construct and acquire meat processing facilities, and start to 4
operate, or stop operating, meat processing facilities; and 5
(f) make arrangements for another person to supply meat processing 6
services and facilities for it; and 7
(g) join and participate in industry associations; and 8
(h) engage in advertising and promotion; and 9
(i) adopt and trade under business names; and 10
(j) do other things necessary or convenient to be done for, or in 11
connection with, the performance of its functions. 12
(2) Without limiting subsection (1), the Abattoir Corporation has the 13
powers given to it under this or another Act. 14
(3) The Abattoir Corporation may exercise its powers inside and outside 15
Queensland. 16
(4) Without limiting subsection (3), the Abattoir Corporation may 17
exercise its powers outside Australia. 18
19
Delegation
Clause138. The Abattoir Corporation may delegate its powers to an Abattoir 20
Corporation committee, member or employee. 21
3--Reserve powers of Minister 22
Division
power of Minister to notify Abattoir Corporation of public 23
Reserve
sector policies 24
The Minister may give the Abattoir Corporation written 25
Clause139.(1)
notice of a public sector policy that is to apply to the Corporation if the 26
Minister is satisfied it is necessary to give the notice in the public interest. 27
(2) The Abattoir Corporation must ensure the policy is carried out. 28
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Meat Industry
(3) Before giving the notice, the Minister must-- 1
(a) consult with the Abattoir Corporation; and 2
(b) ask the Corporation to advise whether, in its opinion, carrying out 3
the policy would not be in its commercial interest. 4
(4) The Minister must cause a copy of the notice to be gazetted within 5
21 days after it is given. 6
power of Minister to give directions in public interest 7
Reserve
The Minister may give the Abattoir Corporation a written 8
Clause140.(1)
direction if the Minister is satisfied it is necessary to give the direction in the 9
public interest because of exceptional circumstances. 10
(2) The Abattoir Corporation must ensure the direction is complied with. 11
(3) Before giving the direction, the Minister must-- 12
(a) consult with the Abattoir Corporation; and 13
(b) ask the Corporation to advise whether, in its opinion, complying 14
with the direction would not be in its commercial interest. 15
(4) The Minister must cause a copy of the direction to be gazetted within 16
21 days after it is given. 17
matters to be included in annual report 18
Additional
Each annual report of the Abattoir Corporation must include 19
Clause141.
particulars of the impact on its financial position, profits and losses and 20
prospects of any notices and directions given to it by the Minister under this 21
Division that relate to the relevant financial year. 22
Division 4--Membership of Abattoir Corporation 23
of Abattoir Corporation 24
Composition
The Abattoir Corporation consists of the following 25
Clause142.(1)
members-- 26
(a) the chairperson; 27
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Meat Industry
(b) the chief executive officer of the Abattoir Corporation; 1
(c) not more than 2 persons with experience in the industry; 2
(d) 1 person with expertise in industrial relations, marketing or 3
business management; 4
(e) 1 person with expertise in financial management or business 5
administration. 6
(2) The chief executive officer is to be appointed on the nomination of the 7
Abattoir Corporation. 8
(3) The members mentioned in subsection (1)(c) to (e) are to be 9
nominated by a selection committee. 10
(4) The chairperson, chief executive officer and other members of the 11
Abattoir Corporation are to be appointed by the Governor in Council. 12
(5) Before the Governor in Council appoints a person to fill a vacancy 13
caused by the office of a member becoming vacant before the member's 14
term is completed, any applicable nomination process for appointment to 15
the Abattoir Corporation must be followed. 16
(6) The Governor in Council may appoint a person to act as a member of 17
the Abattoir Corporation (other than the chief executive officer) during any 18
period, or all periods, when the member is absent or unable for any reason 19
to perform the duties of the office. 20
executive officer 21
Chief
Clause143.(1) The chief executive officer of the Abattoir Corporation holds 22
office on the terms of appointment decided by the Corporation. 23
(2) The chief executive officer may resign by signed notice to the 24
chairperson of the Abattoir Corporation. 25
(3) The Abattoir Corporation may, at any time, terminate the 26
appointment of the chief executive officer for any reason or none. 27
(4) The termination of the appointment of the chief executive officer 28
under subsection (3) does not affect any rights to compensation to which 29
the chief executive officer is entitled under the terms of the chief executive 30
officer's appointment. 31
(5) The Abattoir Corporation may appoint a person to act as chief 32
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Meat Industry
executive officer during-- 1
(a) any vacancy, or all vacancies, in the office; or 2
(b) any period, or all periods, when the chief executive officer is 3
absent from duty or is, for another reason, unable to perform the 4
functions of the office. 5
committee 6
Selection
Before appointments of members mentioned in 7
Clause144.(1)
section 142(1)(c) to (e) are made, the Minister must establish a selection 8
committee to nominate the members. 9
(2) The selection committee is to consist of a chairperson and 6 other 10
members appointed by the Minister. 11
(3) The chairperson is to be a person who, in the Minister's opinion, is 12
suited to act as an independent chairperson of the selection committee. 13
(4) The other 6 members are to be appointed after consultation with the 14
Policy Council and are to comprise-- 15
(a) 2 persons who are, in the Policy Council's opinion, appropriate 16
persons to represent the interests of livestock producers; and 17
(b) 2 persons who are, in the Policy Council's opinion, appropriate 18
persons to represent the interests of persons engaged in meat 19
wholesaling, meat retailing and other aspects of meat processing; 20
and 21
(c) 1 person who is, in the Policy Council's opinion, an appropriate 22
person to represent the interests of employees of persons engaged 23
in meat processing; and 24
(d) 1 person who has significant experience in the industry. 25
(5) Some or all of the 6 other members may be members of the Policy 26
Council. 27
(6) The chairperson of the selection committee is entitled to be paid by 28
the Abattoir Corporation the fees and allowances the Governor in Council 29
may decide. 30
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of members for appointment 1
Selection
The Minister may give the selection committee written 2
Clause145.(1)
directions about the procedures and criteria to be followed or applied in 3
selecting nominees for appointment to the Abattoir Corporation, and the 4
time within which the nominations are to be made. 5
(2) A direction may not require the committee to nominate a specified 6
person for appointment as a member of the Abattoir Corporation. 7
(3) A person is not eligible to be nominated for appointment as a 8
member of the Abattoir Corporation if the person-- 9
(a) is a member of the Policy Council; or 10
(b) is a member of the selection committee; or 11
(c) is a chairperson, deputy chairperson or chief executive officer 12
(regardless of the title by which the person is known) of an 13
organisation representing either livestock producers or persons 14
engaged in meat processing; or 15
(d) is concerned in the management of or employed by, is a 16
shareholder of, or has an interest in, a business to any extent in 17
commercial competition with the Corporation. 18
(4) If a selection committee fails to make a nomination or follow the 19
procedures or apply the criteria of selection directed by the Minister, the 20
Minister may nominate a person for appointment. 21
(5) A nomination made by the Minister under subsection (4) is taken to 22
have been made by the selection committee. 23
of appointment 24
Duration
A member of the Abattoir Corporation (other than the chief 25
Clause146.(1)
executive officer) is to be appointed for a term of not longer than 3 years. 26
(2) The office of a member of the Abattoir Corporation becomes vacant 27
if the member-- 28
(a) in the case of a member other than the chief executive 29
officer--resigns by signed notice to the Minister; or 30
(b) is absent from 3 consecutive meetings of the Abattoir 31
Corporation without the Corporation's leave and without 32
85
Meat Industry
reasonable excuse; or 1
(c) is convicted of an indictable offence or an offence against this 2
Act; or 3
(d) becomes employed by, or a contractor of, the Corporation; or 4
(e) is removed from office by the Governor in Council under 5
subsection (3) or (4). 6
(3) The Governor in Council may remove a member from office if the 7
member-- 8
(a) engages in misbehaviour; or 9
(b) becomes incapable of performing the duties of a member because 10
of physical or mental incapacity; or 11
(c) is incompetent; or 12
(d) becomes a person who, because of section 145(3)(a), (c) or (d), 13
would not be eligible to be nominated for appointment as a 14
member of the Abattoir Corporation; or 15
(e) uses the office for party political purposes; or 16
(f) causes the Abattoir Corporation's funds or reputation to be used 17
for party political purposes; or 18
(g) does anything else that, in the Governor in Council's opinion, is a 19
reasonable and sufficient justification for removal from office. 20
(4) The Governor in Council may remove all or any members of the 21
Abattoir Corporation from office if the Abattoir Corporation-- 22
(a) does not carry out a policy notified under section 139 (Reserve 23
power of Minister to notify Abattoir Corporation of public sector 24
policies) or comply with a direction given under section 140 25
(Reserve power of Minister to give directions in public interest); 26
or 27
(b) does not comply with its obligations under this Act or the 28
Financial Administration and Audit Act 1977 for the preparation 29
and submission of reports and plans; or 30
(c) uses its funds or reputation for party political purposes. 31
86
Meat Industry
and allowances etc. 1
Fees
The members of the Abattoir Corporation (other than the chief 2
Clause147.
executive officer) are entitled to be paid by the Corporation the fees and 3
allowances decided by the Governor in Council. 4
Division 5--Plans and reports 5
plans 6
Strategic
The Abattoir Corporation must in each financial year submit 7
Clause148.(1)
to the Minister-- 8
(a) its updated 5 year strategic plan; and 9
(b) its operational plan for the next financial year. 10
(2) The operational plan must include details of-- 11
(a) financial and other performance targets; and 12
(b) proposed trading activities to be undertaken under 13
section 136(2)(c). 14
(3) The Abattoir Corporation must not start to carry out new activities 15
specified in a strategic plan or an operational plan without the Minister's 16
approval of the plan. 17
reports 18
Quarterly
The Abattoir Corporation must give to the Minister a report 19
Clause149.(1)
on its operations for each of the first 3 quarters of a financial year. 20
(2) A quarterly report must be given to the Minister-- 21
(a) within 1 month after the end of the quarter; or 22
(b) if another period after the end of the quarter is agreed between the 23
Abattoir Corporation and the Minister--within the agreed period. 24
(3) A quarterly report must include information on the progress of the 25
Abattoir Corporation in achieving financial and other performance targets 26
included in its current operational plan. 27
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Meat Industry
of commercially sensitive matters from annual report 1
Deletion
If the Abattoir Corporation asks the Minister to delete from 2
Clause150.(1)
copies of an annual report of the Corporation (and accompanying 3
documents) that are to be made public a matter of a commercially sensitive 4
nature, the Minister may delete the matter from the copies of the annual 5
report (and accompanying documents) laid before the Legislative Assembly 6
or otherwise made public. 7
(2) This section has effect despite anything in the Financial 8
Administration and Audit Act 1977. 9
Division 6--Proceedings of Abattoir Corporation 10
and place of meetings 11
Time
Meetings of the Abattoir Corporation are to be held at the 12
Clause151.(1)
times and places it decides. 13
(2) However, the Abattoir Corporation must meet at least once every 14
2 months. 15
(3) The chairperson-- 16
(a) may at any time call a meeting of the Abattoir Corporation; and 17
(b) must call a meeting if asked by at least half the members. 18
governing conduct of proceedings 19
Procedures
The chairperson is to preside at all meetings at which the 20
Clause152.(1)
chairperson is present. 21
(2) If the chairperson is absent, the member chosen by the members 22
present is to preside. 23
(3) At a meeting of the Abattoir Corporation-- 24
(a) more than half the members form a quorum; and 25
(b) a question is to be decided by a majority of the votes of the 26
members present and voting; and 27
(c) each member present has a vote on each question to be decided 28
88
Meat Industry
and, if the votes are equal, the member presiding has a casting 1
vote. 2
(4) The Abattoir Corporation may conduct its proceedings (including its 3
meetings) as it considers appropriate. 4
(5) The Abattoir Corporation may hold meetings, or permit members to 5
take part in meetings, by telephone, closed-circuit television or another form 6
of communication. 7
(6) A member who takes part in a meeting of the Abattoir Corporation 8
under permission under subsection (5) is taken to be present at the meeting. 9
(7) If-- 10
(a) all members of the Abattoir Corporation agree, in writing, to a 11
proposed resolution; and 12
(b) notice of the proposed resolution was given under procedures 13
approved by the Corporation; 14
the resolution is a valid resolution of the Corporation, even though it was 15
not passed at a meeting of the Corporation. 16
of interests 17
Disclosure
This section applies to a member of the Abattoir Corporation 18
Clause153.(1)
if-- 19
(a) the member has a direct or indirect financial interest in an issue 20
being considered, or about to be considered, by the Corporation; 21
and 22
(b) the interest could conflict with the proper performance of the 23
member's duties about the consideration of the issue. 24
(2) As soon as practicable after the relevant facts come to the member's 25
knowledge, the member must disclose the nature of the interest to a meeting 26
of the Abattoir Corporation. 27
(3) The disclosure must be recorded in the Abattoir Corporation's 28
minutes and, unless the Corporation otherwise decides, the member must 29
not-- 30
(a) be present when the Corporation considers the issue; or 31
89
Meat Industry
(b) take part in a decision of the Corporation on the issue. 1
(4) Another member who has a direct or indirect financial interest in the 2
issue must not-- 3
(a) be present when the Abattoir Corporation is considering its 4
decision under subsection (3); or 5
(b) take part in making the decision. 6
inutes 7
M
Clause154. The Abattoir Corporation must keep minutes of its proceedings. 8
7--Staff 9
Division
generally 10
Staff
The Abattoir Corporation may engage the employees it 11
Clause155.(1)
considers necessary to perform its functions. 12
(2) The terms of employment of the Abattoir Corporation's employees 13
are to be decided by it. 14
(3) However, subsection (2) has effect subject to any relevant industrial 15
award or agreement. 16
17
Secretary
Clause156.(1) The Abattoir Corporation must employ a secretary. 18
(2) However, the position may be held by the chief executive officer. 19
Division 8--Other matters about the Abattoir Corporation 20
schemes 21
Superannuation
The Abattoir Corporation may, with the Governor in 22
Clause157.(1)
Council's approval, establish and maintain, or participate in, a scheme to 23
provide superannuation benefits for its employees and members and, for 24
90
Meat Industry
the purpose-- 1
(a) establish and maintain any fund; and 2
(b) contribute to the scheme. 3
(2) The Abattoir Corporation may, with the Governor in Council's 4
approval, amend a scheme established by it. 5
(3) An approval under subsection (1) or (2) may be given on conditions. 6
(4) The conditions of an approval may, for example, authorise the 7
Auditor-General to audit accounts and records of any scheme established 8
and maintained by the Authority. 9
(5) A person who, immediately before becoming an employee of the 10
Abattoir Corporation, was a contributor to the State Service Superannuation 11
Fund, or a member of the State Public Sector Superannuation Scheme, 12
continues to be a contributor or member. 13
(6) If the Abattoir Corporation establishes, maintains or participates in a 14
scheme under subsection (1) (the "Corporation's scheme"), a person to 15
whom subsection (5) applies may, under arrangements prescribed by 16
regulation, stop being a contributor or member and become a member of 17
the Corporation's scheme. 18
19
Seal
Judicial notice must be taken of the imprint of the Abattoir 20
Clause158.
Corporation's seal appearing on a document and the document must be 21
presumed to have been properly sealed unless the contrary is proved. 22
23
Committees
The Abattoir Corporation may establish committees to assist 24
Clause159.(1)
or advise it. 25
(2) The Abattoir Corporation may decide-- 26
(a) the functions of a committee; and 27
(b) the membership of a committee; and 28
(c) how a committee is to operate. 29
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Meat Industry
(3) A member of a committee is entitled to be paid by the Abattoir 1
Corporation the fees and allowances decided by the Corporation. 2
of certain Acts 3
Application
Clause160. The Abattoir Corporation is-- 4
(a) a unit of public administration under the Criminal Justice Act 5
1989; and 6
(b) an agency under the Equal Opportunity in Public Employment 7
Act 1992; and 8
(c) a statutory body under the Financial Administration and Audit 9
Act 1977; and 10
(d) a public authority under the Libraries and Archives Act 1988; and 11
(e) a statutory body under the Statutory Bodies Financial 12
Arrangements Act 1982. 13
Commissioner Act 1974 does not apply to certain 14
Parliamentary
decisions 15
The Parliamentary Commissioner Act 1974 does not apply 16
Clause161.(1)
to-- 17
(a) a decision about the Abattoir Corporation's commercial policy; or 18
(b) the Abattoir Corporation in relation to its competitive commercial 19
activities. 20
(2) In this section-- 21
"competitive commercial activity" means an activity carried on, on a 22
commercial basis, in competition with a person, other than-- 23
(a) the Commonwealth or a State or a Territory; or 24
(b) a State authority; or 25
(c) a local government authority. 26
92
Meat Industry
Sector Management Commission Act 1990 not to apply 1
Public
The Public Sector Management Commission Act 1990 does not 2
Clause162.
apply to the Abattoir Corporation or its employees. 3
ART 8--MISCELLANEOUS 4
P
of Act 5
Review
The Minister must review this Act to decide whether the 6
Clause163.(1)
provisions remain appropriate. 7
(2) The review is to be undertaken as soon as practicable after the end of 8
the period of 5 years starting on the commencement of section 22 9
(Establishment). 10
(3) As soon as practicable, but within 1 year, after the end of the 5 year 11
period, the Minister must cause a report of the outcome of the review to be 12
laid before the Legislative Assembly. 13
from liability 14
Protection
Clause164.(1) In this section-- 15
"official" means-- 16
(a) the Chief Meat Officer; and 17
(b) a meat safety officer; and 18
(c) a person acting under the direction of the Authority, the Chief 19
Meat Officer or a meat safety officer. 20
(2) An official does not incur civil liability for an act or omission done 21
honestly and without negligence under this Act. 22
(3) A liability that would, apart from this section, attach to an official 23
attaches instead to the Authority. 24
93
Meat Industry
are summary offences 1
Offences
Clause165. An offence against this Act is a summary offence. 2
3
Regulations
The Governor in Council may make regulations for the 4
Clause166.(1)
purposes of this Act. 5
(2) A regulation may be made with respect to-- 6
(a) any matter for which provision may be made by a standard; and 7
(b) the fees payable under this Act; and 8
(c) offences for contravention of a regulation and the maximum 9
penalties, of not more than 40 penalty units, for the offences. 10
ART 9--TRANSITIONAL PROVISIONS 11
P
12
Definitions
In this Part-- 13
Clause167.(1)
"changeover day" means-- 14
(a) the day that is 6 months after the commencement; or 15
(b) if an earlier day is fixed by regulation--the earlier day; 16
"commencement" means the commencement of this Part; 17
"former Act" means the Meat Industry Act 1965; 18
"former Authority" means the Livestock and Meat Authority of 19
Queensland established under the former Act. 20
(2) This section expires 6 months after the changeover day. 21
of former Authority etc. 22
Continuation
Until the changeover day, the former Authority continues in 23
Clause168.(1)
existence and may exercise the functions and powers of the Authority and 24
94
Meat Industry
the Abattoir Corporation under this Act, other than the power to make, 1
amend or repeal standards. 2
(2) The Authority may, before the changeover day, make standards to 3
have effect on or after the changeover day. 4
(3) Until the changeover day, a reference in this Act to the Authority 5
includes a reference to the former Authority. 6
(4) Despite the repeal of the former Act, until the changeover day, the 7
following sections of the former Act continue to apply to the former 8
Authority-- 9
· section 12 (The Authority); 10
· section 15 (Vacation of office); 11
· section 16 (Proceedings of the Authority); 12
· section 17 (Minutes and records); 13
(5) If the former Authority grants an accreditation under this Act, the 14
accreditation has effect only until the expiry date specified in the 15
accreditation, which must be not later than 6 months after the changeover 16
day. 17
(6) On the changeover day the former Authority is dissolved and its 18
members go out of office. 19
(7) This section (other than subsections (5) and (8)) expires on the 20
changeover day. 21
(8) Subsection (5) and this subsection expire 6 months after the 22
changeover day. 23
of assets etc. in new bodies 24
Vesting
On the commencement-- 25
Clause169.(1)
(a) the assets, rights and liabilities of the former Authority declared 26
by regulation to be the assets, rights and liabilities of the 27
Authority vest in the Authority; and 28
(b) all other assets, rights and liabilities of the former Authority vest 29
in the Abattoir Corporation. 30
(2) This section expires on the changeover day. 31
95
Meat Industry
legal proceedings 1
Pending
A legal proceeding by or against the former Authority that 2
Clause170.(1)
has not been finished before the commencement of this section may be 3
continued and finished by or against-- 4
(a) in the case of a proceeding declared by regulation to be a 5
proceeding involving the Authority--the Authority; or 6
(b) in any other case--the Abattoir Corporation. 7
(2) This section expires on the changeover day. 8
staff 9
Existing
A person who immediately before the commencement was 10
Clause171.(1)
an employee of the former Authority becomes, on the commencement, an 11
employee of-- 12
(a) in the case of an employee declared by regulation to become an 13
employee of the Authority--the Authority; or 14
(b) in any other case--the Abattoir Corporation. 15
(2) The employee remains entitled to all existing and accruing rights of 16
employment. 17
(3) This section does not apply to a person declared by regulation to be a 18
person who was not an employee of the former Authority. 19
(4) This section expires on the changeover day. 20
for certain other officers 21
Provision
Clause172.(1) This section applies to the following persons-- 22
(a) the person who, immediately before the commencement, was the 23
secretary to the former Authority; 24
(b) a person (other than a person prescribed by regulation) who, 25
immediately before the commencement-- 26
(i) was an officer of the department; but 27
(ii) was engaged on a full-time basis in performing duties for 28
the former Authority. 29
96
Meat Industry
(2) On the commencement, a person to whom this section applies 1
becomes an employee of the Authority. 2
(3) The person remains entitled to all existing and accruing rights of 3
employment. 4
(4) However, the person mentioned in subsection (1)(a) does not, by this 5
section, become the secretary of the Authority. 6
(5) This section expires on the changeover day. 7
superannuation arrangements and schemes 8
Existing
A superannuation arrangement or scheme to which the 9
Clause173.(1)
former Authority was contributing at the commencement is taken to be 10
approved by the Governor in Council under section 43 (Superannuation 11
schemes) and section 157 (Superannuation schemes). 12
(2) This section expires on the changeover day. 13
approvals etc. 14
Existing
This section applies if, immediately before the 15
Clause174.(1)
commencement, meat processing was authorised under the former Act 16
because of an approval, consent, licence or permission under the former 17
Act. 18
(2) The grantee or holder of the approval, consent, licence or permission 19
is taken to be the holder of an accreditation under this Act that authorises, to 20
the greatest practicable extent, the same meat processing. 21
(3) The accreditation is, to the greatest practicable extent, subject to the 22
same conditions that applied to the meat processing immediately before the 23
commencement. 24
(4) However, the accreditation does not authorise meat processing that 25
cannot be authorised under an accreditation granted under this Act. 26
(5) The accreditation expires 6 months after the changeover day. 27
(6) This section expires 6 months after the changeover day. 28
97
Meat Industry
processing by Abattoir Corporation 1
Meat
The Abattoir Corporation is taken to be the holder of an 2
Clause175.(1)
accreditation that authorises, to the greatest practicable extent, the same meat 3
processing that, immediately before the commencement, the former 4
Authority was authorised to carry out under the former Act. 5
(2) The accreditation is, to the greatest practicable extent, subject to the 6
same conditions that applied to the meat processing immediately before the 7
commencement. 8
(3) However, the accreditation does not authorise meat processing that 9
cannot be authorised under an accreditation granted under this Act. 10
(4) The accreditation expires 6 months after the changeover day. 11
(5) This section expires 6 months after the changeover day. 12
inspectors 13
Meat
A person who immediately before the commencement was a 14
Clause176.(1)
meat inspector under the former Act is taken to be appointed as a meat 15
safety officer. 16
(2) The appointment expires on the changeover day. 17
(3) This section expires on the changeover day. 18
of accreditation without formal application 19
Issue
The Authority may issue an accreditation under this Act to a 20
Clause177.(1)
person who under section 174 (Existing approvals etc.) or 175 (Meat 21
processing by Abattoir Corporation) is taken to be the holder of an 22
accreditation. 23
(2) The accreditation-- 24
(a) is not required to be the subject of an application for accreditation; 25
but 26
(b) may only authorise substantially the same meat processing as the 27
meat processing already authorised under section 174 (Existing 28
approvals etc.) or 175 (Meat processing by Abattoir Corporation). 29
(3) This section expires 6 months after the changeover day. 30
98
Meat Industry
orders etc. 1
Existing
An order, direction, requirement or other decision of the 2
Clause178.(1)
former Authority or of an inspector under the former Act is, if its effect is 3
not exhausted at the commencement, subject to appeal under this Act in the 4
same way as if it were an order, direction, requirement or other decision of 5
the Authority or a meat safety officer under this Act. 6
(2) This section expires on the commencement. 7
regulations 8
Existing
The regulations in force under the former Act immediately 9
Clause179.(1)
before the commencement remain in force, subject to amendment or repeal 10
by a regulation under this Act, for the purposes of this Act and are to be 11
read with the changes necessary to make them consistent with this Act and 12
adapt their operation to the provisions of this Act. 13
(2) The regulations mentioned in subsection (1) expire 6 months after the 14
changeover day unless earlier repealed. 15
(3) This section expires 6 months after the changeover day. 16
to assist transfer of property etc. 17
Duty
Clause180.(1) The Registrar of Titles and all other persons who are required 18
or authorised to keep a register about dealings in property must, at the 19
request of the Authority or Abattoir Corporation, make in the register all 20
entries necessary to record the vesting of property in the Authority or 21
Corporation by section 169 (Vesting of assets etc. in new bodies). 22
(2) Fees and charges are not payable for a request under subsection (1). 23
(3) This section expires 6 months after the changeover day. 24
regulations 25
Transitional
Clause181. A regulation made for the purpose of this Part (other than for the 26
purpose of section 179 (Existing regulations)) may be given retrospective 27
effect to a day not earlier than the commencement. 28
99
Meat Industry
ART 10--REPEALS, AMENDMENTS AND EXPIRY 1
P
2
Repeals
Clause182. The Acts specified in Schedule 1 are repealed. 3
mendments 4
A
The Stock Act 1915 is amended as set out in Schedule 2. 5
Clause183.
6
Expiration
This Act expires 7 years after the commencement of section 22 7
Clause184.
(Establishment). 8
9
100
Meat Industry
CHEDULE 1 1
¡S
REPEAL OF ACTS 2
section 182 3
Meat Industry Act 1965 4
Meat Industry Act Amendment Act 1969 5
Meat Industry Act Amendment Act 1973 6
Meat Industry Act Amendment Act 1983 7
Meat Industry Act Amendment Act 1984 8
Meat Industry Act Amendment Act 1988 9
10
101
Meat Industry
CHEDULE 2 1
¡S
AMENDMENT OF STOCK ACT 1915 2
section 183 3
Amendments 4
1. Section 4(1) (definition "Cattle feedlot")-- 5
omit. 6
2. Section 4(1)-- 7
insert-- 8
` "cattle feedlot" has the meaning given by section 4A.'. 9
3. After section 4-- 10
insert-- 11
`Meaning of "cattle feedlot" 12
`4A.(1) "Cattle feedlot" means premises on which at least 50 cattle are 13
receiving prepared or manufactured fodder for all, or substantially all, of 14
their food. 15
`(2) However, cattle are not counted for subsection (1) if they are 16
receiving prepared or manufactured fodder primarily because they are-- 17
(a) being weaned; or 18
(b) being dipped; or 19
(c) receiving veterinary attention; or 20
(d) receiving drought or other emergency feeding; or 21
(e) receiving attention for a similar stock management purpose. 22
`(3) The following are not cattle feedlots-- 23
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Meat Industry
SCHEDULE 2 (continued)
(a) a saleyard; 1
(b) premises where cattle are held immediately before being killed as 2
part of meat processing authorised by an accreditation under the 3
Meat Industry Act 1993.'. 4
4. Section 20(6)-- 5
omit, insert-- 6
`(6) A certificate purporting to be signed by a meat safety officer under 7
the Meat Industry Act 1993 stating that, at a particular time, an animal was 8
suffering from lymphosarcoma is evidence of the matter.'. 9
5. Section 30(14)-- 10
omit. 11
12
© State of Queensland 1993
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