QueenslandMEATINDUSTRY ACT1993Reprinted as in force on 1 January
2003(includes amendments up to Act No. 49 of
2002)This is the reprint current on the repeal
dateReprint No. 3FThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 1 January 2003. The reprint shows the law as
amended by allamendments that commenced on or before that
day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of earlier reprints is included in
theendnotes.Also see endnotes
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s19s4Meat
Industry Act 1993MEAT INDUSTRY ACT 1993[as amended by
all amendments that commenced on or before 1 January 2003]An
Act about the Queensland livestock and meat industryPART
1—PRELIMINARYDivision 1—Introduction1Short
titleThis Act may be cited as theMeat
Industry Act 1993.Division 2—Objectives3Main objectiveThemainobjectiveofthisActistoensurethewholesomenessandintegrity of meat are maintained.Division 3—Interpretation4DefinitionsIn this
Act—“abattoir corporation”means the
Queensland Abattoir Corporation.“accreditation”means an
accreditation in force under this Act.“alter”an
official mark or trade description includes deface, interfere
withand change it in any way.“analyst”includes a
person who is an analyst under the standards.
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410s 4Meat Industry Act
1993“animal food”meansasubstanceordinarilyconsumed,orintendedforconsumption, by animals.“apply”anofficialmarkortradedescriptionincludesattach,emboss,impress,mark,print,stencilandwritetheofficialmarkortradedescription.“approvedprogramofproduction”foranaccreditationmeanstheapprovedprogramofproduction(withinthemeaningofsection 58(3)) as amended under section
65.“asset”includes
property of any kind.“authority”means—(a)beforethecommencementofsection166A1—theformerQueensland Livestock and Meat Authority
established under thisAct; or(b)onorafterthecommencementofsection166A—SafeFoodProduction QLD
established under theFood Production (Safety)Act
2000.“carcass”of an animal
includes—(a)its flesh, organs or body fluids;
and(b)its feathers, hair, fur, skin, scales
or shell; and(c)its bones, horns, antlers, teeth or
tusks.“chemical”includes an
element.“chief meat officer”meansthepersonappointedunderthisActasthechief meat officer.“condition”includes restriction.“covering”includes any bottle, box, capsule, case,
container, frame, glass,stopper, vessel and wrapper.“device”includes
equipment.“disease”has the meaning
given by section 5.“false trade description”for meat means a
trade description that is falseand misleading
in a material particular about the meat because of—1Section 166A (Safe Food taken to be
the authority)
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411s 4Meat Industry Act
1993(a)anything included in, or omitted from,
the trade description; or(b)any alteration
of the trade description.“food”is a substance
ordinarily consumed, or intended for consumption,by
humans or animals.“human food”meansasubstanceordinarilyconsumed,orintendedforconsumption, by humans.“industry”means the Queensland livestock and meat
industry.“integrity”of meat has the
meaning given by section 6.“label”includes any
brand, tag, ticket and pictorial, or other descriptive,matter.“livestock”includes animals prescribed by
standard.“mark”includes label,
seal and stamp.“meat”has the meaning
given by section 7.“meat processing”has the meaning
given by section 8.“meatprocessingfacility”meanspremiseswheremeatprocessingiscarried out.“meat processing
product”includes a substance declared by standard
tobe a meat processing product.“meat
safety officer”means a person who is appointed under this
Act as ameat safety officer.“obstruct”includes hinder, resist and attempt to
obstruct.“officialmark”meansamarkprescribedbystandardtobeanofficialmark.“official marking
device”means a device prescribed by standard to be
anofficial marking device.“owner”includes—(a)for
premises—an occupier of the premises; and(b)for
an animal or meat—the person in possession or control of theanimal or meat.“person in
control”of a vehicle includes—(a)the
driver of the vehicle; and
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412s 4Meat Industry Act
1993(b)the person in command of the vehicle;
and(c)thepersonwhoappearstobeincontrolorcommandofthevehicle.“place”includes land and premises.“premises”includes—(a)abuildingorotherstructureorpartofabuildingorotherstructure;
and(b)land where a building or other
structure is situated.“prepackagedmeat”meansmeatthatisprepackagedmeatunderthestandards.“program of
production”has the meaning given by section 9.“retailer”of meat has the
meaning given by section 10.“sale”includes barter and exchange.“sell”includes—(a)offer or expose for sale; and(b)give away as a promotion or
advertisement.“smallgoods”has the meaning
given by section 11.“species”includes a
subspecies.“standard”means a standard
in force under this Act.“tradedescription”formeatmeansanydescriptionorotherrepresentation
about—(a)the processing of the meat under an
accreditation; or(b)another matter that, under the
standards, is taken to have beendecided about
the meat during its processing;and includes any
mark commonly taken to be a representation of thatkind
by trade or common usage.“trade or commerce”includes any
business activity.“tribunal”means the Meat
Industry Tribunal.“vehicle”includes an
aircraft and a boat.“wholesomeness”of meat has the
meaning given by section 12.
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513s 5Meat Industry Act
1993“wild game”means an
animal—(a)prescribed by standard as wild game;
and(b)living in a wild state and not under
any artificial confinement.5Meaning of
“disease”(1)A“disease”is
present in an animal if there is in the animal—(a)an
infectious agent or pathological process that—(i)affects the animal’s state of health to the
extent that meatfromtheanimalisnotwholesomeforhumanoranimalfood; or(ii)whether or not
it affects the animal’s state of health, couldbe transmitted
to a person or another animal if a person orother
animal—(A)contacts the animal; or(B)contacts the animal’s carcass;
or(C)contactsoreatsmeatorothersubstancesfromtheanimal; or(b)a
chemical or antibiotic residue prescribed by standard in
excessof the concentration level prescribed by
standard for the residue;or(c)a
condition or substance that is a disease under the
standards.(2)A“disease”is
present in meat if there is in the meat—(a)an
infectious agent or pathological process that—(i)affects the meat to the extent that the meat
is not wholesomefor human or animal food; or(ii)could be
transmitted to a person or animal if the person oranimal contacts or eats the meat; or(b)a chemical or antibiotic residue
prescribed by standard in excessof the
concentration level prescribed by standard for the residue;or(c)a condition or
substance that is a disease under the standards.
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614s 8Meat Industry Act
19936Meaning of “integrity” of meat(1)
“Integrity”of meat means the meat is from the species
of animal itpurports to be from.(2)Meat
is not from the species of animal it purports to be from if
meatof another species has been substituted
(wholly or partly) for it.7Meaning of
“meat”(1) “Meat”is food that is
the whole or a part of a killed animal.Example—The edible flesh, organs, bones and
body fluids of slaughtered cattle, chickens, goats,pigs
and sheep are meat.(2)Meat does not stop being meat merely
because its nature is changedor it is mixed
with another substance.Examples of meat—1.Smallgoods.2.Marinated meat, meat rissoles, meat
sausages, schnitzels, shish kebabs, steak andkidney mix,
stir-fry lamb mix and veal cordon bleu.(3)However, meat does not include—(a)the whole or a part of a fish or an
animal declared by regulationto be an animal
to which this Act does not apply; or(b)a
substance declared by standard not to be meat.8Meaning of “meat processing”(1)“Meatprocessing”includeseveryactivityintheproductionofmeat.(2)Without limiting
subsection (1), meat processing includes—(a)the
killing of animals for meat; and(b)anything done to a killed animal, or a part
of a killed animal, toproduce meat; and(c)anything done to meat to—(i)add value, or apparent value, to it;
or(ii)makeitappropriate,orapparentlyappropriate,foraparticular purpose; or
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815s 8Meat Industry Act
1993(iii)produce a
product that includes the meat; or(iv)prepare it, or make it available, for trade
or commerce.Examples of meat processing—1.Dressing animal
carcasses to produce meat.2.Breaking down
animal carcasses to produce meat.3.Chilling or freezing meat.4.Boning meat.5.Storing meat.6.Packing meat.7.Producing smallgoods.8.Transporting meat.9.Wholesale selling of meat.10.Displaying meat for wholesale or
retail sale.(3)However, meat processing does not
include an activity—(a)before the
starting point of meat processing; or(b)after the finishing point of meat
processing.(4)The starting point of meat processing
is the killing of animals forfood.(5)Thekillingofananimalincludesthestunningoftheanimal,andanything else done to the animal as part of
the process of killing it.(6)The finishing
point of meat processing is whichever of the followinghappens first—(a)the
meat leaves the possession of a retailer of the meat;(b)the meat leaves premises where it
becomes prepackaged meat forits retail sale
as prepackaged meat at other premises;(c)the
meat leaves premises where it becomes smallgoods;(d)the happening of an event in relation
to the meat that, under thestandards, is a
finishing point of meat processing.Examples of
application of paragraph (a)—1.A person buys a side of beef from a
retailer to cut it up for household use.2.A
butcher donates meat to a charity for a fundraising
barbecue.3.A retailer of meat disposes of
unwholesome meat.
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916s 11Meat Industry Act
19939Meaning of “program of
production”A“program of production”for
meat processing is a description of theactivities to
happen during the meat processing, and in preparation for
andcleaning up after the meat processing.10Meaning of “retailer”(1)A“retailer”of
meat includes a person who sells meat to a buyer in aquantity commonly associated with a wholesale
sale if the buyer does notintend to resell any of the meat in
trade or commerce.Example—If a
school parents and citizens association buys a large quantity of
meat from a personfor use in a fundraising barbecue, the
association does not intend to resell any of themeat
in trade or commerce. The person is, therefore, a retailer of meat
for the sale, eventhough the quantity of the purchase may
commonly be associated with a wholesalesale.(2)A person can be a retailer of meat for
a particular transaction eventhough—(a)the person is not a retailer of meat
for other transactions; and(b)the
person does not ordinarily sell meat as a retailer.Example—If
the person in the example to subsection (1) is a meat wholesaler,
the person is aretailer for the sale to the parents and
citizens association even though the person is nota
retailer for other transactions.(3)A
buyer of meat is not taken to intend to resell it if the buyer
intendsto use the meat to provide meals to other
persons.Example—A
restaurateur who uses purchased meat to provide meals to
customers.(4)A regulation may prescribe other
circumstances in which a personwho sells or
otherwise deals with meat is a retailer of the meat.11Meaning of “smallgoods”“Smallgoods”includemeatthathashaditsnaturesubstantiallychanged, and its
shelf life markedly increased, by processing, but do notinclude meats declared by standard not to be
smallgoods.
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1217s 14Meat Industry Act
1993Examples—Salami, ham, bacon, corned, cured and cooked
meats are smallgoods, but meat that hassimply been
chilled or frozen is not.12Meaning of
“wholesomeness” of meat(1)“Wholesomeness”ofmeatforhumanfoodincludestheabsenceof—(a)any condition or substance, not
normally and naturally found inmeat, that might
compromise human health; and(b)any
condition or substance a consumer would ordinarily regardas
making the meat unfit as human food; and(c)anychemicalorantibioticresidueprescribedbystandardinexcess of the concentration level prescribed
by standard for theresidue.(2)“Wholesomeness”ofmeatforanimalfoodincludestheabsenceof—(a)any condition or substance, not
normally and naturally found inmeat, that might
compromise animal health; and(b)anychemicalorantibioticresidueprescribedbystandardinexcess of the concentration level prescribed
by standard for theresidue.Division
4—Operation of Act13State bound by Act(1)This
Act binds the State.(2)Nothing in this Act makes the State
liable to be prosecuted for anoffence.(3)However,subsection(2)doesnotpreventtheprosecutionofanofficer, employee or agent of the State
for an offence.14Exemptions from Act(1)AregulationmayexemptapersonfromthisActoranyofitsprovisions.
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1518s 25Meat Industry Act
1993(2)Theexemptionmaybegivenonconditionsspecifiedintheregulation.(3)A
person who is given an exemption must not contravene a
conditionof the exemption.Maximum penalty
for subsection (3)—200 penalty units.15Act
does not apply to things done under Aboriginal tradition andIsland customThisActdoesnotapplytoanythingdonebyanAborigineunderAboriginal
tradition or a Torres Strait Islander under Island custom.16Food Act 1981 not affectedThis
Act is in addition to, and does not limit, theFood Act
1981.PART 3—THE QUEENSLAND LIVESTOCK AND
MEATAUTHORITYDivision
2—Functions and powers of authority24Functions(1)The
authority’s primary function is to ensure that the
wholesomenessand integrity of meat are maintained.(2)Theprimaryfunctionistobeachievedmainlythroughtheaccreditation system provided under
this Act.(3)The authority must also perform other
functions given to it under thisAct or another
Act.(4)The authority must perform its
functions efficiently and effectively.25General powers(1)The
authority has, for or in connection with the performance of
itsfunctions, all the powers of a natural
person, and may, for example—
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2619s 41Meat Industry Act
1993(a)enter into contracts; and(b)acquire, hold, deal with and dispose
of property; and(c)appoint agents and attorneys;
and(d)make charges for services and
facilities it supplies; and(e)join
and participate in industry associations; and(f)dootherthingsnecessaryorconvenienttobedonefor,orinconnection with,
the performance of its functions.(2)Without limiting subsection (1), the
authority has the powers given toit under this or
another Act.(3)However, the authority may not acquire
shares or another interest inan entity holding
an accreditation under this Act.(4)TheauthoritymayexerciseitspowersinsideandoutsideQueensland.(5)Withoutlimitingsubsection(4),theauthoritymayexerciseitspowers outside Australia.26Delegation(1)Theauthoritymaydelegateitspowerstoanauthoritycommittee,member or
employee.(2)However, only the chief meat officer
may be delegated the power tograntaccreditationsauthorisingmeatprocessingtobecarriedoutatpremises.Division 6—Chief
meat officer41Chief meat officer(1)The
authority must employ a chief meat officer.(2)The
chief meat officer has all the powers of a meat safety
officer.(3)A reference in this or another Act to
a meat safety officer includes areference to the
chief meat officer.
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4620s 48Meat Industry Act
1993Division 7—Other matters about the
authority46Application of certain Acts(1)The authority is—(a)a
unit of public administration under theCrime and
MisconductAct 2001; and(b)an agency under theEqualOpportunityinPublicEmploymentAct 1992;
and(c)astatutorybodyundertheFinancialAdministrationandAuditAct 1977;
and(e)astatutorybodyundertheStatutoryBodiesFinancialArrangements Act
1982.(2)TheStatutory Bodies Financial Arrangements Act
1982, part 2B setsout the way in
which the authority’s powers under this Act are affected bytheStatutoryBodiesFinancialArrangementsAct1982,including,forexample, section 25(4) and (5) of this
Act.PART 4—INDUSTRY ADMINISTRATIONDivision 1—Meat safety officers48Appointment of meat safety
officers(1)Theauthoritymayappointemployeesoftheauthorityandotherpersons to be
meat safety officers.(2)Appointmentasameatsafetyofficerofapersonwhoisnotanemployee of the authority does not, of
itself, make the person an employeeof the
authority.(3)The authority may appoint a person to
be a meat safety officer onlyif—(a)thepersonhassatisfactorilycompletedatrainingcourseapproved by the authority; or
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4921s 51Meat Industry Act
1993(b)intheauthority’sopinion,thepersonhasthenecessaryknowledge and
experience to be a meat safety officer.(4)The
authority may limit the powers of a meat safety officer by
statingconditions in the instrument of
appointment.49Terms of appointment of meat safety
officers(1)A meat safety officer holds office on
the conditions specified in theinstrument of
appointment.(2)A meat safety officer—(a)iftheappointmentprovidesforatermofappointment—stopsholding office as
a meat safety officer at the end of the term; and(b)may resign by signed notice given to
the authority; and(c)if the conditions of appointment
provide—stops holding office asa meat safety
officer—(i)onstoppingtoholdsomeotherofficespecifiedintheconditions of appointment; or(ii)on stopping to
be employed by, or engaged under a contractto provide
services to, the authority.50Powers of meat
safety officers(1)A meat safety officer has the powers
given under this or another Act.(2)Astandardmaylimitthepowersofmeatsafetyofficersofaspecified class.51Meat
safety officer’s identity card(1)The
authority must issue an identity card to each meat safety
officer.(2)The identity card must—(a)contain a recent photograph of the
meat safety officer; and(b)be in a form
approved by the Minister; and(c)be
signed by the meat safety officer.(3)Apersonwhostopsbeingameatsafetyofficermustreturntheidentity card to the authority as soon as
practicable after stopping to be a
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5222s 54Meat Industry Act
1993meatsafetyofficer,unlessthepersonhasareasonableexcusefornotreturning
it.Maximum penalty for subsection (3)—40 penalty
units.52Production of meat safety officer’s
identity card(1)A meat safety officer may exercise a
power in relation to a persononly if the meat
safety officer displays the meat safety officer’s identitycard
for inspection by the person.(2)If,
for any reason, it is not practicable to comply with subsection
(1),the meat safety officer must produce the
identity card for inspection by theperson at the
first reasonable opportunity.Division
2—Accreditation53Purpose of accreditation systemThe
purpose of the accreditation system provided by this Act is to
ensurethatthewholesomenessandintegrityofmeataremaintainedinawaygiving meat
processors the opportunity to devise programs of productionthat—(a)best
suit their particular circumstances; and(b)reduce the need for day-to-day oversight by
the authority.54Authority given by
accreditation(1)Anaccreditationauthorisestheholdertoprocessmeatontheconditions stated
in the accreditation and in this Act.(2)An
accreditation does not authorise the processing of meat
derivedfrom an animal prescribed by regulation to be
a prohibited animal.(3)Subsection (2) applies to an
accreditation even if an animal was not aprohibited animal
when the accreditation was granted.(4)Anaccreditationdoesnotauthoriseapersontodoanythingprohibited under
another Act.
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5523s 57Meat Industry Act
199355Application for accreditation(1)A person may apply to the authority
for the grant of an accreditation.(2)The
authority may, by written notice, ask the applicant—(a)to give the authority further
information or documents relevant tothe application;
or(b)to allow meat safety officers to
inspect premises, vehicles, plantor equipment
proposed to be used by the applicant.(3)The
authority may refuse the application if the applicant does
notgive the information or documents or allow
the inspection.(4)An application for accreditation must
be—(a)made to the authority in a form
approved by the authority; and(b)accompanied by the fee prescribed by
standard.(5)Without limiting subsection (4)(a),
the application must set out theapplicant’s
proposed program of production.(6)The
proposed program of production must be in sufficient detail
toallow the authority to decide whether
compliance with the program willensurethewholesomenessandintegrityofmeatprocessedundertheprogram are maintained.(7)Iftheauthorityagrees,theapplicantmayamendtheapplicationbefore the
authority has finished considering it.56Decision on application for
accreditation(1)The authority must consider an
application for an accreditation andeither—(a)grant the accreditation; or(b)refuse to grant the
accreditation.(2)The authority may grant a temporary
accreditation under section 57while it is
considering the application.57Temporary accreditation pending final
decision on application(1)If an
application is made for an accreditation, the authority may
granta temporary accreditation under this
section.
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5824s 58Meat Industry Act
1993(2)The accreditation remains in force
until the earliest of the followinghappens—(a)theperiod,ofnotlongerthan2months,statedintheaccreditation
ends;(b)theapplicationisfinallydecidedbytheauthorityandtheapplicant is
notified of the authority’s decision;(c)the
accreditation is revoked at the authority’s discretion by
noticegiven to the applicant.(3)AreferenceinthisoranotherActtoanaccreditationincludesareference to a temporary accreditation
in force under this section.58Granting of accreditation(1)Iftheauthoritydecidestogranttheaccreditationsoughtbyanapplication, the
authority must promptly give the applicant—(a)the
accreditation; and(b)ifaconditionisstatedintheaccreditation—awrittennoticestatingtheapplicantcanappealagainsttheimpositionofthecondition to the tribunal within 28
days.(2)Theauthoritymaygrantanaccreditation(otherthanatemporaryaccreditation
under section 57) only if the authority is satisfied—(a)the premises and vehicles proposed to
be used in the applicant’sproposed program of production—(i)are appropriate for the program;
and(ii)meet the
standards for premises and vehicles; and(b)the
other aspects of the proposed program of production—(i)are appropriate for the proposed meat
processing; and(ii)meet the
standards relevant to the proposed program.(3)When
the authority grants the accreditation, the applicant’s
proposedprogram of production becomes the approved
program of production forthe accreditation.
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5925s 61Meat Industry Act
199359Refusal to grant accreditationIf
the authority decides to refuse to grant the accreditation sought
by anapplication,theauthoritymustpromptlygivetotheapplicantawrittennotice
stating—(a)the decision; and(b)the
reasons for the decision; and(c)that
the applicant may appeal against the decision to the
tribunalwithin 28 days.60Conditions of accreditation imposed by the
authority(1)When the authority grants an
accreditation, it may impose reasonableand relevant
conditions.(2)The conditions must be stated in the
accreditation.(3)Without limiting subsection (1), the
authority may impose conditionsabout—(a)species of animals to be killed;
or(b)the type of meat to be used, whether
by reference to species ofanimals or otherwise; or(c)whereorfromwhomanimalsormeatmayormaynotbeobtained; or(d)the
scheduled inspections to be made by meat safety officers ofthe
operation of the approved program of production; or(e)where or to whom meat may be disposed
of; or(f)quantity of throughput; or(g)the premises, vehicles, plant and
equipment to be used.(4)A condition may
confer powers on meat safety officers.(5)Ifapowerconferredonmeatsafetyofficersbyaconditionisexercised by a meat safety officer, the power
is taken to be exercised withthe consent of
the holder of the accreditation.61Condition of accreditation about audits of
program of productionIt is a condition of an accreditation
that the holder of the accreditationallow the
authority to perform, without notice to the holder—
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6226s 62Meat Industry Act
1993(a)thenumberofperiodicauditsoftheapprovedprogramofproduction stated in the accreditation;
and(b)ifanauditshowsasignificantfailuretofollowtheapprovedprogramofproduction—theadditionalaudits,attheholder’scost, the authority considers
appropriate.62Other conditions of accreditation
imposed by Act(1)The following conditions also apply to
an accreditation—(a)theholderoftheaccreditationmustpaytotheauthority,inaccordance with the standards, the annual
and other fees payableunder the standards;(b)themeatprocessingauthorisedbytheaccreditationmustbecarriedoutinaccordancewiththeapprovedprogramofproduction;(c)if a
disease appears in an animal or meat that is or is to be thesubject of the meat processing—the holder of
the accreditationmust—(i)tell
the authority about the disease; and(ii)give
a meat safety officer the reasonable assistance the meatsafetyofficerrequirestoassesstheimplicationsoftheappearance of the disease; and(iii)unlessotherwiseinstructedbytheauthority,retainpossession of the animal or meat, but keep
it separate fromother animals or meat;(d)the
holder of the accreditation must, when asked by a meat
safetyofficer, produce for inspection—(i)the accreditation; or(ii)a document the
holder is required to keep under this Act or acondition of the
accreditation;(e)the holder of the accreditation may
make changes to premises,vehicles,plantandequipmentstatedintheaccreditationonlywith
the authority’s approval;(f)the holder must
comply with the standards.
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6327s 65Meat Industry Act
199363Accreditation transferable only under
standardsAn accreditation may be transferred only
under the standards.64Nominee of holder of
accreditation(1)Theholderofanaccreditationmay,bywrittennoticetotheauthority,
appoint a person to be the holder’s nominee for the
accreditation.(2)The appointment may be made by
nominating—(a)a person by name; or(b)a specified officer, or the holder of a
specified office, by referenceto the title of
the office concerned.(3)A document required or permitted to be
given under this Act to theholder of the
accreditation may be given to the holder’s nominee.(4)An agreement required or permitted to
be made under this Act withthe holder of the
accreditation may be made with the holder’s nominee.(5)Anominationundersubsection(1)ofaspecifiedofficer,ortheholder of a specified office, is taken
to be the nomination of the person forthe time being
occupying or acting in the office concerned.65Amendment of accreditation(1)In this section—“amendment”of
an accreditation includes—(a)an amendment of
the approved program of production; and(b)anamendmentofthepremises,vehicles,plantorequipmentstated in the
accreditation; and(c)another amendment of the conditions
stated in the accreditation,including, for
example, an amendment by way of insertion of anadditional
condition.(2)If the authority considers an
accreditation should be amended, theauthoritymustgivetheholderoftheaccreditationawrittennotice(the“show cause notice”)
that—(a)states the reasons for the amendment;
and(b)outlinesthefactsandcircumstancesformingthebasisofthereasons; and
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6628s 66Meat Industry Act
1993(c)invites the holder to show cause
within a specified time, of notless than 28
days, why the accreditation should not be amended.(3)The authority may amend the
accreditation if, after considering allrepresentations
made within the specified time, the authority still
considersthe accreditation should be amended—(a)in the way mentioned in the show cause
notice; or(b)in another way, having regard to the
representations.(4)If the authority decides to amend the
accreditation, the authority mustgive the holder
of the accreditation a written notice stating—(a)how
the accreditation has been amended; and(b)that
the holder may appeal against the amendment to the tribunalwithin 28 days.(5)Subsections(2)to(4)donotapplyiftheaccreditationistobeamended
only—(a)by omitting a condition; or(b)for a formal or clerical reason;
or(c)inanotherwaythatdoesnotadverselyaffecttheholder’sinterests;
or(d)at the holder’s request.(6)Theauthoritymaymakeanamendmentofatypementionedinsubsection (5) by written notice given
to the holder.(7)If the authority amends the approved
program of production for anaccreditation,
the program as amended becomes the approved program ofproduction.66Notice to return accreditation for
alteration(1)Theauthoritymay,bywrittennotice,requiretheholderofanaccreditation to return the
accreditation to the authority within a specifiedtime,ofnotlessthan14days,toenabletheauthoritytoaltertheaccreditation to reflect an amendment made
under section 65.(2)Afteralteringtheaccreditation,theauthoritymustreturnittotheholder.
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6729s 67Meat Industry Act
1993(3)Theholderofanaccreditationmustcomplywithanoticeundersubsection (1), unless the holder has a
reasonable excuse not to complywith it.Maximum penalty—40 penalty units.(4)The amendment of an accreditation
under section 65 does not dependon the
accreditation being altered under this section.67Suspension or cancellation of
accreditation(1)Each of the following is a ground for
the suspension or cancellationof an
accreditation—(a)theaccreditationwasobtainedbyincorrectormisleadinginformation or
documents or a false or misleading inspection;(b)theholderhasnotpaidfeesorotheramountspayabletotheauthority;(c)the
holder has contravened a condition of the accreditation;(d)the holder has committed an offence
against this Act.(2)Iftheauthorityconsidersagroundexiststosuspendorcancelanaccreditation(the“action”),theauthoritymustgivetheholderoftheaccreditation a written notice
(the“show cause notice”) that—(a)states the action proposed; and(b)states the grounds for proposing to
take the action; and(c)outlinesthefactsandcircumstancesformingthebasisforthegrounds; and(d)iftheauthorityproposestosuspendaccreditation—statestheproposed suspension period; and(e)invites the holder to show cause
within a specified time, of notless than 28
days, why the action proposed should not be taken.(3)If,afterconsideringallrepresentationsmadewithinthespecifiedtime,theauthoritystillconsidersgroundstotaketheactionexist,theauthority may—(a)if
the show cause notice was a notice of intention to suspend
theaccreditationforaspecifiedperiod—suspendtheaccreditationfor a period not
longer than the specified period; or
s
6830s 69Meat Industry Act
1993(b)if the show cause notice was a notice
of intention to cancel theaccreditation—(i)cancel the accreditation; or(ii)suspend the
accreditation for a period.(4)Theauthoritymustinformtheholderofthedecisionbywrittennotice.(5)If the authority decides to suspend or
cancel the accreditation, thenotice must
state—(a)the reasons for the decision;
and(b)thattheholdermayappealagainstthedecisiontothetribunalwithin 28
days.(6)The decision takes effect on the later
of—(a)the day on which the notice is given
to the holder; or(b)the day specified in the notice.68Return of suspended or cancelled
accreditation(1)If the authority cancels or suspends
an accreditation, the authoritymay, by written
notice, require the holder of the accreditation to return
theaccreditation to the authority within a
specified time, of at least 14 days.(2)Theholdermustcomplywiththenotice,unlesstheholderhasareasonable excuse not to comply with
it.Maximum penalty—40 penalty units.(3)If a suspended accreditation is
returned to the authority, the authoritymustreturntheaccreditationtotheholderattheendofthesuspensionperiod.69Surrender of accreditation(1)Theholderofanaccreditationmaysurrenderanaccreditationbywritten notice given to the authority.(2)The accreditation must accompany the
notice.
s
7031s 70Meat Industry Act
1993Division 3—Standards70Standards(1)TheauthoritymaymakestandardsforthepurposesofthisAct(other than parts 6 and 7).(2)A standard may be made on any of the
following subjects—(a)thedeliveryofanimalsto,andthehandlingofanimalsat,saleyards and meat processing
facilities;(b)the marketing of animals at
saleyards;(c)dealing with animals before they are
killed;(d)premises, vehicles, plant and
equipment used or intended to beused for meat
processing;(e)the way meat processing is to be
carried out;(f)the accreditation of meat
processing;(g)the matters to be included in programs
of production for meatprocessing;(h)qualityassuranceprogramsformeatprocessing,includingthetraining,knowledgeandexperienceofpersonsinvolvedincarrying out quality assurance
programs;(i)the quality, grading and classification
of meat;(j)the packaging and labelling of
meat;(k)the blending or mixing of meat with
other substances;(l)the testing and analysis of meat,
including when and by whom itmust be
done;(m)the transport and storage of meat,
whether or not as part of meatprocessing;(n)sanitation, hygiene and the prevention of
disease in animals andmeat;(o)the
marking of animals, meat and packages containing meat;(p)dealing with, and disposal of,
condemned meat;
s
7132s 74Meat Industry Act
1993(q)thepowersofmeatsafetyofficersinrelationtopremises,vehicles,plantandequipmentusedformeatprocessingauthorised by an
accreditation;(r)the qualifications of meat safety
officers and analysts;(s)fees payable to
the authority or refundable by the authority;(t)the
provision of information to the authority by persons engagedin
meat processing;(u)any other matter relevant to the
wholesomeness or integrity ofmeat or the
interests of the industry.(3)Astandardmayprovidethatcontraventionofastandardisanoffenceandprescribeamaximumpenalty,ofnotmorethan40penaltyunits, for the
offence.71Standard is subordinate
legislationA standard is subordinate
legislation.72Regulations prevail over
standardsIfthereisanyinconsistencybetweenaregulationandastandard(whether made
before or after the regulation), the regulation prevails to
theextent of the inconsistency.Division 4—Major meat offences73Contravention of conditions of
accreditationThe holder of an accreditation must not
contravene a condition of theaccreditation.Maximum
penalty—200 penalty units.74Unauthorised meat
processing(1)A person must not process meat other
than under an accreditation.Maximum
penalty—
s
7533s 76Meat Industry Act
1993(a)ifthemeatprocessinghappensintradeorcommerce—3 000 penalty units; or(b)in any other case—500 penalty
units.(2)This section does not apply to meat
processing by a person if—(a)the meat is, or
is from, an animal (including wild game) killed atpremises by or on behalf of the owner of the
premises and noneof the meat from the animal is—(i)intended for sale or sold; or(ii)intended for use
or used as food for paying guests; or(iii)intended to be taken away or taken away from
the premises;or(b)the meat is, or
is from, wild game and none of the meat from thegame
is—(i)intended for sale or sold; or(ii)intended for use
or used in trade or commerce.75Meat
substitution(1)Apersonmustnot,duringmeatprocessing(whetherunderanaccreditation or otherwise), do something to
meat—(a)with the intention of deceiving
another person about the speciesof animal the
meat is from; or(b)thatthepersonshouldreasonablyknowislikelytohavetheresult, or is likely to contribute to the
result, of another personbeing deceived about the species of
animal the meat is from.Maximum penalty—3 000 penalty
units.(2)For the purposes of subsection (1)(b),
it does not matter when theresult is likely
to happen.76Unlawful adulteration of meatApersonmustnot,duringmeatprocessing(whetherunderanaccreditation or otherwise), mix another
substance with meat intended forsale or to be
used in trade or commerce if—
s
7734s 78Meat Industry Act
1993(a)themeatisintendedforhumanfoodandthesubstanceisasubstanceprescribedundertheFoodAct1981asprohibitedgenerally or for
meat for human food; or(b)the mixing of
the substance with the meat is prohibited by thestandards.Maximum
penalty—500 penalty units.77Offences about
official marks etc.(1)A person must not—(a)manufacture, possess, apply, alter or remove
an official mark; or(b)manufacture or possess an official
marking device;unless the person is authorised to do so
under the standards.(2)A person must not manufacture, possess
or apply a mark that—(a)is not an
official mark; but(b)resembles, or is apparently intended
to resemble or pass for, anofficial
mark.Maximum penalty—500 penalty units.78False trade descriptions(1)A person must not apply a false trade
description to meat.Maximum penalty—500 penalty
units.(2)A person applies a false trade
description to meat if it is applied to—(a)the
meat; or(b)a package containing the meat;
or(c)a covering, label, reel or thing used
to contain, store or transportthe meat;
or(d)a document about the meat or used in
another way likely to leadanother person to believe it describes
or makes a representationabout the meat.
s
7935s 81Meat Industry Act
199379Possession of meat not packed or
marked under standardsApersonmustnot,intradeorcommerce,possessmeatpackedormarked otherwise than under the
standards.Maximum penalty—500 penalty units.80Attempts to commit offences(1)A person who attempts to commit an
offence against this divisioncommits an
offence.Maximumpenalty—halfthemaximumpenaltyforcommittingtheattempted offence.(2)Section 4 of the Criminal Code applies to
the attempt.Division 5—Administration of accreditation
provisions and standards81General powers of
meat safety officer in relation to accreditedpremises
etc.(1)Ameatsafetyofficermay,atanytimeandwithoutnotice,enterpremises, or
enter or board a vehicle, stated in an accreditation.(2)The entry or boarding may be made as
part of periodic audit of theaccreditation’s
approved program of production or otherwise.(3)The
meat safety officer may—(a)inspect,
examine, photograph or film the premises or vehicle oranything in or on the premises or vehicle;
and(b)observe any meat processing taking
place in or on the premisesor vehicle;
and(c)take samples from or of—(i)ananimal(whetheraliveordead)ormeatinoronthepremises or vehicle; or(ii)water, food additives or other substances
used, or apparentlyintendedtobeused,inorinassociationwithmeatprocessing in or
on the premises or vehicle; or(iii)any
other substance in or on the premises or vehicle; or(iv)any part of the
premises or vehicle; and
s
8236s 82Meat Industry Act
1993(d)mark animals, meat or anything used,
or apparently intended tobe used, in connection with animals or
meat; and(e)take into or onto the premises or
vehicle any persons, equipmentandmaterialstheofficerreasonablyrequiresforexercisingpowers in
relation to the premises or vehicle; and(f)requiretheholderoftheaccreditation,oranemployeeoftheholder who is at the premises or on or
in the vehicle, to give theofficerreasonableassistanceinrelationtotheexerciseoftheofficer’s powers under this Act.(4)Apersonwhoisrequiredbyameatsafetyofficerundersubsection (3)(f)
to give reasonable assistance to the officer must complywiththerequirement,unlessthepersonhasareasonableexcusefornotcomplying with
it.Maximum penalty—40 penalty units.(5)If the assistance is required to be
given by a person by answering aquestionorproducingadocument,thepersonisnotexcusedfromprovidingtheassistanceonthegroundtheanswerorproductionofthedocument might tend to incriminate the
person.(6)Neither the answer nor the fact the
person produced the document isadmissibleinevidenceagainstthepersoninacriminalproceeding(other than a
proceeding about the falsity of the answer or document) if—(a)beforeansweringthequestionorproducingthedocument,thepersonclaimsthatansweringthequestionorproducingthedocument might tend to incriminate the
person; and(b)answering the question or producing
the document might in facttend to incriminate the person.(7)Subsection(6)doesnotapplytoadocumenttheholderoftheaccreditationisrequiredtokeepunderthisActoraconditionoftheaccreditation.82Analysis of samples(1)The
authority may cause samples taken by meat safety officers to
beanalysed.(2)The
cost of analysing samples taken from premises or vehicles
statedin an accreditation is a debt payable by the
holder of the accreditation to theauthority.
s
8337s 84Meat Industry Act
1993(3)A certificate purporting to be given
by the authority, and stating thecostofanalysingsamplestakenfromspecifiedpremisesorvehicles,isevidence of the matter.83Meat
analysis(1)Iftheauthoritysubmitsasampleofmeattakenbyameatsafetyofficer to an
analyst for analysis, the authority must obtain from the
analysta certificate certifying the results of the
analysis and give the holder of theaccreditation
concerned a copy of the certificate.(2)If a
particular method of analysis has been prescribed by
standard,the analyst must follow the method.(3)A person must not use as an
advertisement—(a)the results of an analysis made under
this Act; or(b)acommunicationreceivedfromananalystaboutananalysismade under this
Act.Maximum penalty for subsection (3)—40 penalty
units.84Power to enforce standards for
premises, vehicles, plant orequipment(1)If premises, a vehicle, plant or
equipment used for meat processingauthorisedbyanaccreditationdoesnotcomplywiththestandards,theauthority may, by written notice to the
holder of the accreditation, requirethe holder to
take specified action within a specified time to comply withthe
standards.(2)The notice may also prohibit use of
the premises, vehicle, plant orequipment for
meat processing until it complies with the standards.(3)If premises, a vehicle, plant or
equipment used for meat processingauthorised by an
accreditation is, in the authority’s opinion, inappropriateor no
longer appropriate for use in meat processing or a particular use
inmeat processing, the authority may, by
written notice to the holder of theaccreditation,
prohibit that use of the premises, vehicle, plant or
equipment.(4)If the holder of an accreditation
contravenes a notice given to theholder under this
section, the holder commits an offence.Maximum penalty
for subsection (4)—500 penalty units.
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8538s 86Meat Industry Act
199385Seizure of meat to aid
inspection(1)A meat safety officer may seize meat
that has been, or that the officerbelieves on
reasonable grounds has been, the subject of meat processingunderanaccreditationiftheofficerbelievesitisnecessarytoseizethemeat
to prevent it being dealt with before its wholesomeness and
integritycan be decided.(2)Ifameatsafetyofficerislatersatisfiedaboutthemeat’swholesomeness and
integrity, the meat must be immediately released.(3)However, if a meat safety officer is
not satisfied, the meat becomesthe authority’s
property if—(a)its seizure is not the subject of an
appeal to the tribunal within48 hours after
it is seized; or(b)if its seizure is the subject of an
appeal—the seizure is confirmed.(4)Meat
that becomes the authority’s property under subsection (3)
maybe disposed of by the authority in any
reasonable way, but, if it is sold, thenet proceeds are
to be paid to the holder of the accreditation or the meat’sprevious owner.86Power
to condemn meat as unfit for human food(1)If a
meat safety officer believes meat inspected by the meat
safetyofficerisinappropriateforhumanfoodordoesnotcomplywiththestandards for human food, the meat
safety officer—(a)may, by order, condemn the meat;
and(b)must,ifthemeatiscondemned,taketheactionprescribedbystandard for warning that the meat has been
condemned.(2)Themeatsafetyofficermayagreewiththeholderoftheaccreditation not to condemn meat on
condition that—(a)withinanagreedtime,theholderprocessthemeattomakeitappropriate for human food or to comply with
the standards forhuman food; or(b)the
holder ensures the meat is used only for animal food.(3)If the holder of the accreditation
contravenes the agreed condition,the holder
commits an offence.Maximum penalty for subsection (3)—500
penalty units.
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8739s 89Meat Industry Act
199387Power to condemn meat as unfit for
human or animal food(1)If a meat safety officer believes meat
inspected by the meat safetyofficer is
inappropriate for both human and animal food or does not
complywith the standards for human or animal food,
the meat safety officer—(a)may, by order,
condemn the meat; and(b)must,ifthemeatiscondemned,taketheactionprescribedbystandard for warning that the meat has been
condemned.(2)Themeatsafetyofficermayagreewiththeholderoftheaccreditation not to condemn meat on
condition that—(a)withinanagreedtime,theholderprocessthemeattomakeitappropriateforhumanoranimalfoodortocomplywiththestandards for human or animal food;
or(b)the holder ensures the meat is used
for agreed limited purposes.(3)If
the holder of the accreditation contravenes the agreed
condition,the holder commits an offence.Maximum penalty for subsection (3)—500
penalty units.88Disposal of condemned meat(1)If a meat safety officer condemns meat
under section 86 or 87, themeat safety
officer may order the holder of the accreditation to dispose
ofthe meat.(2)The
order may direct the holder how to dispose of the meat.(3)The holder of the accreditation must
comply with the order.Maximum penalty for subsection (3)—500
penalty units.89Keeping of meat to enable
analysis(1)If, in a meat safety officer’s
opinion, an analysis of an animal or meatshouldbeperformedtodecidewhetheranordershouldbemadeundersection 86or87,theofficermaydirecttheholderoftheaccreditationconcerned to
ensure the meat is kept as directed by the officer.(2)If the direction is not complied with,
the holder of the accreditationcommits an
offence.Maximum penalty for subsection (2)—500
penalty units.
s
9040s 92Meat Industry Act
199390Prohibition on killing etc. diseased
animals(1)If a meat safety officer believes an
animal killed or intended to bekilled in meat
processing is diseased, the meat safety officer may order
theholder of the accreditation not to use the
animal for meat.(2)Theordermaydirecttheholderorownerhowtodisposeoftheanimal.(3)A
person who is given an order under this section must comply
withthe order.Maximum penalty
for subsection (3)—500 penalty units.91Power
to require segregation of person suffering from infectiousdisease(1)Ifameatsafetyofficerbelievesapersonemployedorotherwisetaking part in
meat processing has an infectious disease, the meat safetyofficer may order the holder of the
accreditation to segregate the personfrom meat
processing activities that might otherwise—(a)result in the transmission of disease to a
person or animal; or(b)in some other
way, cause the wholesomeness of the meat to beadversely
affected.(2)The order may specify the extent to
which or how the person is to besegregated.(3)The
holder of the accreditation must comply with the order.Maximum penalty—200 penalty units.PART
5—ENFORCEMENT MATTERSDivision 1—Nature of powers of meat
safety officers92Powers of meat safety officers under
this part(1)Thepowersgiventoameatsafetyofficerunderthispartareinadditionto,anddonotlimit,thepowersgiventoameatsafetyofficerunder—
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9341s 94Meat Industry Act
1993(a)another part of this Act; or(b)a condition of an
accreditation.(2)The powers under this part may be
exercised in relation to—(a)premises and
vehicles stated in an accreditation; and(b)other premises and vehicles.(3)If a meat safety officer may exercise
a power under a provision ofthispartandanotherprovisionofthisAct,themeatsafetyofficermayexercise the power under either or both
provisions.(4)Ifameatsafetyofficermayexerciseapowerunderthispartandunder a condition of an accreditation,
the officer may exercise the powerunder either or
both.Division 2—Powers of meat safety officers in
relation to places andvehicles93Entry
of place by meat safety officerA meat safety
officer may enter a place if—(a)the
occupier of the place consents to the entry; or(b)it
is a public place and the entry is made when the place is
opento the public; or(c)the
entry is authorised by a warrant.94Warrants(1)A
meat safety officer may apply to a magistrate for a warrant for
aplace.(2)The
application must—(a)be sworn; and(b)set
out the grounds on which the warrant is sought.(3)The
magistrate may refuse to consider the application until the
meatsafetyofficergivesthemagistratealltheinformationthemagistraterequires about
the application in the way the magistrate requires.
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9542s 95Meat Industry Act
1993Example—The
magistrate may require additional information supporting the
application be givenby statutory declaration.(4)The magistrate may issue a warrant
only if the magistrate is satisfiedthere are
reasonable grounds for suspecting—(a)there is a particular thing or activity
(the“evidence”) that
mayprovideevidenceofthecommissionofanoffenceagainstthisAct; and(b)the evidence is, or may be within the
next 7 days, at the place.(5)The warrant must
state—(a)that the meat safety officer may, with
necessary and reasonableassistance and force—(i)enter the place; and(ii)exercise the
meat safety officer’s powers under this Act; and(b)the
evidence for which the warrant is issued; and(c)the
hours of the day when entry may be made; and(d)the
day (within 14 days after the warrant’s issue) on which thewarrant stops having effect.95Warrants—applications made otherwise
than in person(1)A meat safety officer may apply for a
warrant by phone, fax, radio oranotherformofcommunicationifthemeatsafetyofficerconsidersitnecessary because of—(a)urgent circumstances; or(b)other special circumstances,
including, for example, the officer’sremote
location.(2)Before applying for the warrant, the
meat safety officer must preparean application
setting out the grounds on which the warrant is sought.(3)Themeatsafetyofficermayapplyforthewarrantbeforetheapplication is sworn.(4)If the magistrate issues the warrant
and it is reasonably practicable tofax a copy of it
to the meat safety officer, the magistrate must immediatelyfax
the copy to the officer.
s
9643s 96Meat Industry Act
1993(5)Ifthemagistrateissuesthewarrantbutitisnotreasonablypracticable to
fax a copy of it to the meat safety officer—(a)the
magistrate must—(i)tell the officer what the terms of the
warrant are; and(ii)tell the officer
the date and time the warrant was signed; and(iii)record the reasons for issuing the warrant
on the warrant;and(b)the officer
must—(i)complete a form of warrant (“warrant form”) in the
sameterms as the warrant issued by the
magistrate; and(ii)write on the
warrant form the name of the magistrate andthe date and
time the magistrate signed the warrant.(6)The
facsimile warrant, or the warrant form properly completed by
themeat safety officer, is authority for the
entry and the exercise of the otherpowers authorised
by the warrant issued by the magistrate.(7)The
meat safety officer must send to the magistrate—(a)the sworn application; and(b)if a warrant form was completed by the
officer—the completedwarrant form.(8)The
sworn application and any completed warrant form must be
sentto the magistrate at the earliest practicable
opportunity.(9)When the magistrate receives the
application and any warrant form,the magistrate
must attach them to the warrant issued by the magistrate.(10)If—(a)it is material for a court to be
satisfied the exercise of a powerwas authorised
by a warrant issued under this section; and(b)the
warrant is not produced in evidence;thecourtmustassumetheexerciseofpowerwasnotauthorisedbyawarrant, unless the contrary is
proved.96Entry or boarding of vehicles(1)A meat safety officer may enter or
board a vehicle if the officer hasreasonable
grounds for suspecting—
s
9744s 97Meat Industry Act
1993(a)the vehicle is being, or has been,
used in the commission of anoffence against
this Act; or(b)the vehicle, or a thing in or on the
vehicle, may provide evidenceof the
commission of an offence against this Act.(2)If
the vehicle is moving or about to move, the meat safety
officermay signal the person in control of the
vehicle—(a)to stop the vehicle; or(b)not to move the vehicle.(3)Toenablethevehicletobeenteredorboarded,themeatsafetyofficer may—(a)act
with necessary and reasonable assistance and force; and(b)requirethepersonincontrolofthevehicletogivereasonableassistance to
the officer.(4)A person must not disobey a signal
under subsection (2), unless theperson has a
reasonable excuse.Maximum penalty—40 penalty units.(5)Apersonmustnotfailtocomplywitharequirementundersubsection (3)(b), unless the person has a
reasonable excuse.Maximum penalty—40 penalty units.(6)Itisareasonableexcuseforapersontodisobeyasignalundersubsection (2) if—(a)thepersonreasonablybelievesthattoobeythesignalimmediatelywouldhaveendangeredthepersonoranotherperson;
and(b)the person obeys the signal as soon as
it is practicable to obey it.97Meat
safety officer’s general powers in relation to places andvehicles(1)Ameatsafetyofficerwhoentersaplace,orentersorboardsavehicle, under this part may—(a)inspect, examine, photograph or film
anything in or on the placeor vehicle;
or(b)search any part of the place or
vehicle; or
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9745s 97Meat Industry Act
1993(c)take samples of or from anything in or
on the place or vehicle; or(d)take
extracts from, or make copies of, any documents in or on theplace or vehicle; or(e)take
into or onto the place or vehicle any persons, equipment andmaterialsthemeatsafetyofficerreasonablyrequiresforexercising any powers in relation to
the place or vehicle; or(f)require the
occupier of the place, or any person in or on the placeor
vehicle, to give the officer reasonable assistance in relation
tothe exercise of the powers mentioned in
paragraphs (a) to (e); or(g)if the officer
enters or boards a vehicle—require the person incontrol of the vehicle—(i)to
bring the vehicle to a specified place; and(ii)toremainincontrolofthevehicleattheplaceforareasonable time;toenabletheofficertoexercisethepowersmentionedinparagraphs (a) to (e).(2)Apersonwhoisrequiredbyameatsafetyofficerundersubsection (1)(f)
to give reasonable assistance to the officer in relation totheexerciseofapowermustcomplywiththerequirement,unlesstheperson has a reasonable excuse for not
complying with it.Maximum penalty—40 penalty units.(3)If the assistance is required to be
given by a person by—(a)answering a
question; or(b)producing a document (other than a
document required to be keptby the person
under this Act);it is a reasonable excuse for the person to
fail to answer the question, orproduce the
document, if complying with the requirement might tend toincriminate the person.(4)Apersonwhoisrequiredbyameatsafetyofficerundersubsection (1)(g) to take action in relation
to a vehicle must comply withtherequirement,unlessthepersonhasareasonableexcusefornotcomplying with
it.Maximum penalty—40 penalty
units.
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9846s 99Meat Industry Act
199398Power to seize evidence(1)A meat safety officer who enters a
place under this part under theauthority of a
warrant may seize the evidence for which the warrant wasissued.(2)Ameatsafetyofficerwhoentersaplaceunderthispartwiththeconsent of the occupier may seize the
particular thing for which the entrywasmadeiftheofficerbelievesonreasonablegroundsthethingisevidence of an offence against this
Act.(3)A meat safety officer who enters a
place under this part may alsoseize another
thing if the officer believes on reasonable grounds—(a)the thing is evidence of the
commission of an offence against thisAct; and(b)the seizure is necessary to
prevent—(i)the concealment, loss, death or
destruction of the thing; or(ii)the
use of the thing in committing, continuing or repeatingthe
offence.(4)A meat safety officer who enters or
boards a vehicle under this partmay—(a)seize a thing in or on the vehicle;
or(b)after searching the vehicle—seize the
vehicle;iftheofficerbelievesonreasonablegroundsthethingorvehicleisevidence of the commission of an offence
against this Act.99Procedure after thing seized(1)As soon as practicable after a thing
(including a vehicle) is seized bya meat safety
officer under this part, the officer must give a receipt for it
tothe person from whom it was seized.(2)If, for any reason, it is not
practicable to comply with subsection (1),the meat safety
officer must—(a)leave the receipt at the place where
the thing was seized; and(b)ensure the
receipt is left—(i)in a reasonably secure way; and(ii)in a conspicuous
position.
s
10047Meat Industry Act 1993s
100(3)The meat safety officer must allow a
person who would be entitled tothe seized thing
if it were not in the officer’s possession—(a)to
inspect it; or(b)if it is a document—to take extracts
from it or make copies of it.(4)The
meat safety officer must return the seized thing to the person
atthe end of—(a)6
months; or(b)ifaprosecutionforanoffenceinvolvingitisstartedwithin6 months—the
prosecution for the offence and any appeal fromthe
prosecution.(5)Despite subsection (4), the meat
safety officer must return the seizedthingtothepersonimmediatelytheofficerstopsbeingsatisfieditsretention as evidence is
necessary.(6)However, the meat safety officer may
retain the seized thing if theofficerbelieves,onreasonablegrounds,thatitscontinuedretentionisnecessary to prevent its use in
committing an offence against this Act.Division
3—Seizure of unlawfully processed meat100Seizing of meat(1)A
meat safety officer may seize meat if the officer—(a)enters a place, or enters or boards a
vehicle under this part; and(b)finds
the meat in or on the place or vehicle; and(c)believes,onreasonablegrounds,thatanoffencehasbeencommitted
against section 74 in relation to the meat.(2)The
meat becomes the authority’s property if—(a)its
seizure is not the subject of an appeal to a Magistrates
Courtwithin 48 hours after its seizure; or(b)ifitsseizureisthesubjectofanappealtoaMagistratesCourt—the
seizure is confirmed.
s
10148Meat Industry Act 1993s
105101Where and how to start appeal(1)The appeal may be made to the
Magistrates Court nearest where themeat was
seized.(2)The appeal is started by—(a)filing a written notice of appeal with
the clerk of the court of theMagistrates
Court; and(b)giving a copy of the notice to the
authority.(3)Without limiting subsection (2)(b),
the authority is given a copy ofthe notice if a
copy is given to the meat safety officer who seized the
meat.(4)The notice of appeal must state the
grounds of the appeal.102Hearing
proceduresIn deciding the appeal, the Magistrates
Court—(a)is not bound by the rules of evidence;
and(b)must observe natural justice;
and(c)may hear the appeal in court or
chambers.103Powers of Magistrates Court on
appealIn deciding the appeal, the Magistrates
Court may—(a)confirm the seizure of the meat;
or(b)set aside the seizure and order the
return of the meat.104Appeal to District Court on questions
of law onlyA party aggrieved by the decision of the
Magistrates Court may appealto the District
Court, but only on a question of law.105Disposal of seized meat(1)Meat
that becomes the authority’s property under this division
maybe disposed of in any reasonable
way.
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106(2)However, if—(a)the
seizure of the meat is the subject of an appeal to a
MagistratesCourt; and(b)the
Magistrates Court confirms the seizure;the court may
direct the authority how to dispose of the meat.Division 4—Other enforcement powers of meat
safety officers106Power to require name and
address(1)A meat safety officer may require a
person to state the person’s nameand address if
the meat safety officer—(a)finds the person
committing an offence against this Act; or(b)finds
the person in circumstances that lead, or has informationthat
leads, the officer to suspect on reasonable grounds the
personhas just committed an offence against this
Act.(2)When making the requirement, the meat
safety officer must warn theperson it is an
offence to fail to state the person’s name and address,
unlessthe person has a reasonable excuse.(3)The meat safety officer may require
the person to give evidence ofthe correctness
of the person’s name or address if the officer suspects, onreasonable grounds, that the name or address
given is false.(4)Apersonmustcomplywithameatsafetyofficer’srequirementunder subsection
(1) or (3), unless the person has a reasonable excuse fornot
complying with it.Maximum penalty—40 penalty units.(5)The person does not commit an offence
against this section if—(a)the meat safety
officer required the person to state the person’sname
and address on suspicion of the person having committedan
offence against this Act; and(b)the
person is not proved to have committed the offence.
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108107Power to require information from
certain persons(1)This section applies if a meat safety
officer suspects, on reasonablegrounds—(a)an offence against this Act has
happened; and(b)a person may be able to give
information about the offence.(2)The
meat safety officer may require the person to give
informationabout the offence.(3)When
making the requirement, the meat safety officer must warn
theperson it is an offence to fail to give the
information, unless the person hasa reasonable
excuse.(4)The person must comply with the
requirement, unless the person hasa reasonable
excuse for not complying with it.Maximum
penalty—40 penalty units.(5)It is a
reasonable excuse for the person to fail to give information
ifgiving the information might tend to
incriminate the person.(6)The person does
not commit an offence against this section if theinformation sought by the meat safety officer
is not in fact relevant to theoffence.108Power to require production of
documents(1)A meat safety officer may require a
person to produce a documentrequiredtobekeptbythepersonunderthisActtotheofficerforinspection.(2)Thepersonmustproducethedocument,unlessthepersonhasareasonable excuse for not producing
it.Maximum penalty—40 penalty units.(3)The meat safety officer may keep the
document to take an extractfrom it or make a
copy of it.(4)The meat safety officer must return
the document to the person assoon as
practicable after taking the extract or making the
copy.
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110Division 5—Other enforcement matters109Restraining orders(1)The
authority may bring a proceeding in the District Court for
anorder to restrain a person from—(a)continuing or repeating a particular
activity; or(b)committing an offence against this
Act.(2)Thecourtmaymakeanorderundersubsection(1)(a)ifitissatisfied—(a)the
person will commit an offence against this Act if the personcontinues or repeats the activity;
and(b)the activity may adversely affect the
health of persons or animals.(3)The
court may make an order under subsection (1)(b) if it is
satisfiedthe person has been convicted of an offence
against this Act on at least3 separate
occasions.(4)Ifapersoncontravenesanorderunderthissection,thepersoncommits an
offence against this subsection.Maximum penalty
for subsection (4)—500 penalty units.110False
or misleading information(1)A person must
not—(a)state anything to a meat safety officer
the person knows is falseor misleading in a material
particular; or(b)omitfromastatementmadetoameatsafetyofficeranythingwithoutwhichthestatementis,totheperson’sknowledge,misleading in a
material particular.Maximum penalty—60 penalty
units.(2)A complaint against a person for an
offence against subsection (1)(a)or (b) is
sufficient if it states the statement made was false or misleading
tothe person’s knowledge.
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113111False or misleading documents(1)Apersonmustnotgivetheauthorityorameatsafetyofficeradocument containing information the person
knows is false, misleading orincomplete in a
material particular.Maximum penalty—60 penalty
units.(2)Subsection(1)doesnotapplytoapersonwho,whengivingthedocument—(a)informs the authority or meat safety officer
of the extent to whichthe document is false, misleading or
incomplete; and(b)givesthecorrectinformationtotheauthorityorofficeriftheperson has, or can reasonably obtain,
the correct information.112Compensation(1)A
person may claim compensation from the authority if the
personincurs loss or expense because of the
exercise or purported exercise of apower under this
part.(2)Paymentofcompensationmaybeclaimedandorderedinaproceeding for—(a)compensation brought in a court of competent
jurisdiction; or(b)an offence against this Act brought
against the person making theclaim for
compensation.(3)Acourtmayorderthepaymentofcompensationforthelossorexpenseonlyifitissatisfieditisjusttomaketheorderinthecircumstances of the particular
case.113Meat safety officer to give notice of
damage(1)A meat safety officer who, in the
exercise of a power under this part,damages anything
must immediately give written notice of the particularsof
the damage.(2)Thenoticemustbegiventothepersonwhoappearstothemeatsafety officer to
be the owner of the thing.(3)If, for any
reason, it is not practicable to comply with subsection (2),the
meat safety officer must—(a)leave the notice
at the place where the damage happened; and
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115(b)ensure the notice is left—(i)in a reasonably secure way; and(ii)in a conspicuous
position.114Consent to entry(1)Thissectionappliesifameatsafetyofficerintendstoseektheconsent of an occupier of a place to the
entry of the place by the officerunder this
part.(2)Before seeking the consent, the meat
safety officer may inform theoccupier that the
occupier may refuse to give the consent.(3)If
the consent is given, the meat safety officer may ask the
occupierto sign an acknowledgment of the
consent.(4)The acknowledgment must—(a)state the occupier was informed of the
occupier’s right to refuseto give the consent; and(b)state the occupier gave the meat
safety officer consent under thispart—(i)to enter the place; and(ii)to exercise the
powers mentioned in section 97; and(c)specify the time at and date on which the
consent was given.115Evidence of consent(1)This section applies to a proceeding
if—(a)itismaterialforacourttobesatisfiedoftheconsentofanoccupierofaplacetotheentryoftheplacebyameatsafetyofficer under this part; and(b)anacknowledgmentundersection114isnotproducedinevidence.(2)In a
proceeding to which this section applies, the court may
assumethe occupier did not consent, unless the
contrary is proved.
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118116Obstruction of meat safety
officersApersonmustnotobstructameatsafetyofficerintheexerciseofapower, unless the person has a
reasonable excuse.Maximum penalty—60 penalty units.117Impersonation of meat safety
officerA person must not pretend to be a meat
safety officer.Maximum penalty—80 penalty units.Division 6—Evidence118Evidentiary provisions(1)This
section applies to a proceeding under this Act.(2)Unless a party, by reasonable notice,
requires proof of—(a)the appointment of a meat safety
officer; or(b)theauthorityofameatsafetyofficertodoanythingunderthis Act;the
appointment or authority must be assumed.(3)Asignaturepurportingtobethesignatureofthechiefexecutiveofficer or
secretary of the authority, the chief meat officer, a meat
safetyofficer or an analyst is evidence of the
signature it purports to be.(4)A
certificate purporting to be signed by the chief executive officer
orsecretaryandstatinganyofthefollowingmattersisevidenceofthematter—(a)a
specified document is—(i)an accreditation
or a copy of an accreditation; or(ii)anorder,directionordecision,oracopyofanorder,direction or
decision, given or made under this Act; or(iii)a
notice, or a copy of a notice, given under this Act; or(iv)a record, or a
copy of a record, kept under this Act; or(v)a
document, or a copy of a document, kept under this
Act;
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11955Meat Industry Act 1993s
119(b)on a specified day, or throughout a
specified period, a specifiedpersonwasorwasnottheholderofanaccreditationoraspecified accreditation;(c)a specified accreditation was or was
not in force on a specifiedday or throughout a specified
period;(d)on a specified day, a specified
accreditation—(i)was suspended for a specified period;
or(ii)was
cancelled;(e)onaspecifiedday,aspecifiedpersonwasgivenaspecifiednotice, order or
direction under this Act;(f)a specified fee
or other amount is payable by a specified personto the authority
and has not been paid.(5)A certificate
purporting to be signed by an analyst, and stating—(a)theanalystreceivedfromaspecifiedpersonthesamplementioned in the
certificate; and(b)theanalystanalysedthesampleonaspecifieddayandataspecified place; and(c)the
results of the analysis;is evidence of the matter stated in the
certificate.119Conduct of executive officers,
employees and agents(1)In this section—“engaging”in
conduct includes failing to engage in conduct.“representative”means—(a)inrelationtoacorporation—anexecutiveofficer,employeeoragent of the corporation; or(b)inrelationtoanindividual—anemployeeoragentoftheindividual.“state of
mind”of a person includes—(a)theperson’sknowledge,intention,opinion,belieforpurpose;and(b)the person’s reasons for the
intention, opinion, belief or purpose.
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120(2)If, in a proceeding for an offence
against this Act, it is necessary toestablish the
state of mind of a corporation about particular conduct, it
issufficient to show—(a)the
conduct was engaged in by a representative of the
corporationwithinthescopeoftherepresentative’sactualorapparentauthority;
and(b)the representative had the state of
mind.(3)Conduct engaged in on behalf of a
corporation by a representative ofthe corporation
within the scope of the representative’s actual or apparentauthority is taken, in a proceeding for an
offence against this Act, to havebeen engaged in
also by the corporation unless the corporation establishesit
took reasonable precautions and exercised proper diligence to avoid
theconduct.(4)If,
in a proceeding for an offence against this Act, it is necessary
toestablish the state of mind of an individual
about particular conduct, it issufficient to
show—(a)the conduct was engaged in by a
representative of the individualwithinthescopeoftherepresentative’sactualorapparentauthority;
and(b)the representative had the state of
mind.(5)Conduct engaged in on behalf of an
individual by a representative ofthe individual
within the scope of the representative’s actual or apparentauthority is taken, in a proceeding for an
offence against this Act, to havebeen engaged in
also by the individual unless the individual establishes theindividual took reasonable precautions and
exercised proper diligence toavoid the
conduct.PART 6—ADMINISTRATIVE APPEALSDivision 1—The Meat Industry Tribunal120Establishment of tribunalThe
Meat Industry Tribunal is established.
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121121Composition of tribunal(1)The tribunal is to consist of 3
members appointed by the Governor inCouncil of
whom—(a)1 (the chairperson) is to be a
barrister or solicitor; and(b)at
least 1 is to be a person with wide knowledge and experienceof
the industry.(2)A person is not eligible to be
appointed as a member of the tribunal ifthe person is a
member of—(a)the Legislative Assembly, or of any
House of Parliament of theCommonwealth, another State or a
Territory; or(b)the authority or the abattoir
corporation.(3)The appointment of a member of the
tribunal is to be for the termstated in the
member’s instrument of appointment.(4)Theofficeofamemberofthetribunalbecomesvacantifthemember—(a)resigns by signed notice to the Minister;
or(b)is absent from 3 consecutive sittings
of the tribunal without thechairperson’s or
Minister’s leave and without reasonable excuse;or(c)is convicted of an indictable offence
or an offence against thisAct; or(d)becomes employed by, or a contractor of, the
authority; or(e)isremovedfromofficebytheGovernorinCouncilundersubsection (5).(5)The
Governor in Council may remove a member of the tribunal fromoffice if the member—(a)engages in misbehaviour; or(b)becomesincapableofperformingthedutiesofamemberbecause of
physical or mental incapacity; or(c)is
incompetent; or(d)becomes a person who, because of
subsection (2), would not beeligible to be
appointed as a member of the tribunal; or(e)uses
the office for party political purposes.
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126(6)The Governor in Council may appoint a
person to act as a member ofthe tribunal
during—(a)any vacancy, or all vacancies, in the
office of a member; or(b)any period, or
all periods, when the member is absent or unablefor
any reason to perform the duties of the office.122Remuneration of membersAmemberofthetribunalisentitledtobepaidthesalary,feesandallowances decided by the Governor in
Council.123Secretary and staffThe
tribunal is to have a secretary and the other staff necessary for
theproper performance of its functions.124Expenses of tribunalTheauthoritymustmeetallexpenses(includingsalaries,feesandallowances payable to members of the
tribunal) properly incurred by thetribunal.Division 2—Proceedings of tribunal125Time and place of proceedingsThe
tribunal is to sit at the times and places the chairperson
decides.126Decisions of tribunal(1)The tribunal may be formed for the
purpose of hearing an appeal bythe chairperson
and 1 or 2 other members.(2)Ifthetribunalisformedby3members,adecisioninwhichamajority of the members agree is a decision
of the tribunal.(3)Ifthetribunalisformedby2members,thedecisionofthechairperson is to be the decision of
the tribunal if there is a disagreement.
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129127Evidence and procedure(1)The tribunal is not bound by the rules
of evidence and may informitself in any way it considers
appropriate, but must observe natural justice.(2)Subject to any procedural rules prescribed
by regulation, the tribunalmay decide its
own procedures.(2A)In deciding an
appeal, the tribunal is unaffected by the decisionappealed against.(3)A
party to an appeal may appear personally or by an agent before
thetribunal but may be represented by counsel or
a solicitor only with leave ofthe tribunal or
the chairperson.(4)Thetribunal,formedbythechairpersonalone,mayconductapreliminaryhearingofanappealtodecideinterlocutoryandotherpreliminary
matters.(5)In a preliminary hearing, the tribunal
may—(a)make orders for the conduct of the
appeal; or(b)requirepartiestomakediscoveryorpermitinspectionofevidentiary material; or(c)require parties to file pleadings; or(d)grant a party leave to be represented
by counsel or a solicitor; or(e)strike out the appeal because it is
frivolous or vexatious.128Costs(1)Each party in an appeal bears the
party’s own costs of the appeal.(2)However,ifthetribunalstrikesoutanappealundersection
127(5)(e),thetribunalmayordertheappellanttopaytotheauthority the amount the tribunal considers
to be the cost to the authority ofthe expenses of
the tribunal for the appeal.(3)The
amount may be recovered by the authority as a debt payable
tothe authority by the appellant.129Powers in relation to witnesses
etc.(1)Thechairperson,orapersonwhohasthechairperson’swrittenauthority, may, by written notice given to a
person, require the person to
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130appear before the tribunal at a specified
time and place to give evidence orto produce
specified documents.(2)Thechairperson,orapersonauthorisedbythechairperson,mayadminister an oath or affirmation to a person
appearing as a witness beforethe
tribunal.(3)A person who is given a notice under
subsection (1) must—(a)attend as
required by the notice; and(b)continue to attend as required by the
chairperson until excusedfrom further attendance.Maximum penalty—40 penalty units.(4)A person appearing as a witness before
the tribunal must not—(a)fail to take an
oath or make an affirmation when required by thechairperson;
or(b)fail, without reasonable excuse, to
answer a question the personis required to
answer by the chairperson; or(c)fail,withoutreasonableexcuse,toproduceadocumenttheperson is required to produce by a notice
under subsection (1).Maximum penalty—40 penalty
units.(5)It is a reasonable excuse for a person
to fail to answer a question or toproduce a
document if answering the question or producing the documentmight
tend to incriminate the person.(6)Apersonrequiredtoappearasawitnessbeforethetribunalisentitled to the witness fees prescribed by
regulation or, if no witness feesare prescribed,
the witness fees decided by the chairperson.Division
3—Jurisdiction of tribunal130Appeals to
tribunal(1)Apersonaggrievedbyanorder,direction,requirementorotherdecision of the
authority or a meat safety officer may appeal against thedecision to the tribunal but only on 1 or
more of the following grounds—(a)the
decision was contrary to this Act;(b)the
decision is manifestly unfair to the appellant;
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132(c)the decision will cause severe and
unjustified financial hardshipto the
appellant.(2)However, the following decisions can
not be appealed against—(a)a decision of
the authority about making, amending or repealinga
standard;(b)a decision of the authority about its
policy;(c)adecisionoftheauthorityaboutstartingorcontinuingaprosecution against a person for an offence
against this Act;(d)a decision made in relation to an
employee of the authority in theperson’s
capacity as an employee;(e)adecisionofameatsafetyofficerthatis,byregulation,thesubject of administrative review by the
authority or an officer ofthe authority;(f)arequirementorotherdecisionofameatsafetyofficerunderpart 5.(3)In this section, a reference to a
decision includes a reference to afailure to make a
decision.131How to start an appeal(1)Anappealisstartedbyfilingawrittennoticeofappealwiththetribunal.(2)The
notice of appeal must—(a)state the
grounds of the appeal; and(b)be accompanied
by the fee prescribed under a regulation.(3)The
notice of appeal must be filed within 28 days after the
appellantreceives notice of the decision appealed
against.(4)The tribunal may at any time extend
the period for filing the notice ofappeal.(5)The tribunal must give a copy of the
notice to the authority.132Stay of operation
of decisions etc.(1)The tribunal has power to stay a
decision appealed against for thepurpose of
securing the effectiveness of the appeal.
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133(2)A stay—(a)may
be granted on conditions the tribunal considers appropriate;and(b)has effect for
the period specified by the tribunal; and(c)may
be revoked or amended by the tribunal.(3)The
period of a stay specified by the tribunal must not extend past
thetime when the tribunal decides the
appeal.(4)An appeal against a decision does not
affect the decision unless it isstayed.133Powers of tribunal on appeal(1)In deciding an appeal, the tribunal
may—(a)confirm the decision appealed against;
or(b)set the decision aside and substitute
another decision; or(c)set the decision
aside and return the matter to the authority ormeatsafetyofficerwithdirectionsthetribunalconsidersappropriate.(2)In
substituting another decision, the tribunal has the same powers
asthe authority or meat safety officer.Example—The
tribunal may decide that an unsuccessful applicant for an
accreditation be grantedthe accreditation and state specified
conditions in the accreditation.(3)If
the tribunal substitutes another decision the substituted decision
istaken, for the purposes of this Act, to be
the decision of the authority ormeat safety
officer.
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136PART 7—QUEENSLAND ABATTOIR CORPORATIONDivision 1—Establishment of abattoir
corporation134EstablishmentThe Queensland
Abattoir Corporation is established.135Abattoir corporation is a body corporate
etc.(1)The abattoir corporation—(a)is a body corporate with perpetual
succession; and(b)has a common seal; and(c)may sue and be sued in its corporate
name.(2)The abattoir corporation does not
represent the State.Division 2—Functions and powers of
abattoir corporation136Functions(1)Theabattoircorporation’sprimaryfunctionistooperatemeatprocessing and associated facilities.(2)The other functions of the abattoir
corporation are—(a)to produce meat and other meat
processing products; and(b)to supply meat
processing services and facilities, and associatedfacilities, for other persons; and(c)to trade in livestock, meat and other
meat processing products;and(d)to
supply services and facilities to enable other persons to
tradein livestock, meat and other meat processing
products; and(e)to advise the Minister on issues
affecting the corporation, eitheron the
corporation’s own initiative or if asked by the Minister.(3)The abattoir corporation may trade in
livestock and meat only withthe Minister’s
written approval.
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137(4)An approval under subsection (3) may
be given on conditions.(5)The abattoir
corporation must perform its functions on a commercialbasis.(6)Parts 4 and 5 apply to the abattoir
corporation in the same way astheyapplytoanyotherpersonwhooperatesmeatprocessingandassociated facilities.137General powers(1)Theabattoircorporationhas,fororinconnectionwiththeperformance of its functions, all the
powers of a natural person, and may,for
example—(a)enter into contracts; and(b)acquire, hold, deal with and dispose
of property; and(c)appoint agents and attorneys;
and(d)make charges for services and
facilities it supplies; and(e)constructandacquiremeatprocessingfacilities,andstarttooperate, or stop operating, meat processing
facilities; and(f)make arrangements for another person
to supply meat processingservices and facilities for it;
and(g)join and participate in industry
associations; and(h)engage in advertising and promotion;
and(i)adopt and trade under business names;
and(j)dootherthingsnecessaryorconvenienttobedonefor,orinconnection with,
the performance of its functions.(2)Withoutlimitingsubsection(1),theabattoircorporationhasthepowers given to it under this or
another Act.(3)The abattoir corporation may exercise
its powers inside and outsideQueensland.(4)Withoutlimitingsubsection(3),theabattoircorporationmayexercise its powers outside
Australia.
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138137AOther powers with Minister’s
approval(1)The abattoir corporation may terminate
or dispose of all or part of itsbusinesses, and
may deal with or dispose of any of its property, in the waythe
abattoir corporation considers appropriate.Examples for
subsection (1)—1.Selling property
on deferred terms, on security of a mortgage over the
property.2.Taking a lease of the property being
disposed of as part of a termination or disposalof
all or part of the abattoir corporation’s business.3.Givingconsent,asowner,toanapplication,undertheIntegratedPlanningAct
1997, for a development approval under that
Act.(2)The corporation’s powers under
subsection (1)—(a)are in addition to its powers under
section 137; and(b)are not limited by its functions or by
section 136(5).(3)However, the corporation may exercise
a power under subsection (1)only with the
Minister’s approval and subject to any conditions stated inthe
approval.(4)To remove any doubt, it is declared
that subsection (3) does not limittheperformanceofthecorporation’sfunctionsundersection136ortheexercise of its powers under section
137.(5)An exercise of the corporation’s power
contrary to subsection (3) isof no
effect.(6)The chief executive must publish
notice of the Minister’s approval inthe gazette
within 14 days after the approval is given.(7)TheMinistermusttablethenoticeintheLegislativeAssemblywithin 14 sitting days after the approval is
given.(8)Failuretocomplywithsubsection(6)or(7)doesnotaffectthevalidity of the approval or anything done
under the approval.138DelegationTheabattoircorporationmaydelegateitspowers,otherthanapowerundersection137A,toanabattoircorporationcommittee,memberoremployee.
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141Division 3—Reserve powers of Minister139Reserve power of Minister to notify
abattoir corporation of publicsector
policies(1)The Minister may give the abattoir
corporation written notice of apublic sector
policy that is to apply to the corporation if the Minister
issatisfied it is necessary to give the notice
in the public interest.(2)The abattoir
corporation must ensure the policy is carried out.(3)Before giving the notice, the Minister
must—(a)consult with the abattoir corporation;
and(b)ask the corporation to advise whether,
in its opinion, carrying outthe policy would
not be in its commercial interest.(4)The
Minister must cause a copy of the notice to be gazetted
within21 days after it is given.140Reserve power of Minister to give
directions in public interest(1)The
Minister may give the abattoir corporation a written direction
ifthe Minister is satisfied it is necessary to
give the direction in the publicinterest because
of exceptional circumstances.(2)The
abattoir corporation must ensure the direction is complied
with.(3)Before giving the direction, the
Minister must—(a)consult with the abattoir corporation;
and(b)ask the corporation to advise whether,
in its opinion, complyingwith the direction would not be in its
commercial interest.(4)The Minister must cause a copy of the
direction to be gazetted within21 days after it
is given.141Additional matters to be included in
annual reportEach annual report of the abattoir
corporation must include particulars ofthe impact on its
financial position, profits and losses and prospects of anynotices and directions given to it by the
Minister under this division thatrelate to the
relevant financial year.
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143Division 4—Membership of abattoir
corporation142Composition of abattoir
corporation(1)The abattoir corporation consists of
the following members—(a)the
chairperson;(b)the chief executive officer of the
abattoir corporation;(c)not more than 2
persons with experience in the industry;(d)1personwithexpertiseinindustrialrelations,marketingorbusiness management;(e)1personwithexpertiseinfinancialmanagementorbusinessadministration.(2)The
chief executive officer is to be appointed on the nomination
ofthe abattoir corporation.(3)The
chairperson, chief executive officer and other members of
theabattoir corporation are to be appointed by
the Governor in Council.(4)The Governor in
Council may appoint a person to act as a member ofthe
abattoir corporation (other than the chief executive officer)
during anyperiod, or all periods, when the member is
absent or unable for any reasonto perform the
duties of the office.143Chief executive
officer(1)The chief executive officer of the
abattoir corporation holds office onthe terms of
appointment decided by the corporation.(2)Thechiefexecutiveofficermayresignbysignednoticetothechairperson of
the abattoir corporation.(3)The abattoir
corporation may, at any time, terminate the appointmentof
the chief executive officer for any reason or none.(4)Theterminationoftheappointmentofthechiefexecutiveofficerunder subsection
(3) does not affect any rights to compensation to whichthe
chief executive officer is entitled under the terms of the chief
executiveofficer’s appointment.(5)Theabattoircorporationmayappointapersontoactaschiefexecutive officer during—
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146(a)any vacancy, or all vacancies, in the
office; or(b)anyperiod,orallperiods,whenthechiefexecutiveofficerisabsent from duty or is, for another reason,
unable to perform thefunctions of the office.146Duration of appointment(1)A member of the abattoir corporation
(other than the chief executiveofficer) is to be
appointed for a term of not longer than 3 years.(2)The office of a member of the abattoir
corporation becomes vacant ifthe
member—(a)inthecaseofamemberotherthanthechiefexecutiveofficer—resigns by signed notice to the
Minister; or(b)is absent from 3 consecutive meetings
of the abattoir corporationwithout the
corporation’s leave and without reasonable excuse;or(c)is convicted of
an indictable offence or an offence against thisAct;
or(d)becomes employed by, or a contractor
of, the corporation; or(e)isremovedfromofficebytheGovernorinCouncilundersubsection (3) or (4).(3)The
Governor in Council may remove a member from office if themember—(a)engages in misbehaviour; or(b)becomesincapableofperformingthedutiesofamemberbecause of
physical or mental incapacity; or(c)is
incompetent; or(d)uses the office for party political
purposes; or(e)causes the abattoir corporation’s
funds or reputation to be usedfor party
political purposes; or(f)does anything
else that, in the Governor in Council’s opinion, is areasonable and sufficient justification for
removal from office.(4)TheGovernorinCouncilmayremovealloranymembersoftheabattoir
corporation from office if the abattoir corporation—
s
14769Meat Industry Act 1993s
149(a)does not carry out a policy notified
under section 139 or complywith a direction
given under section 140; or(b)doesnotcomplywithitsobligationsunderthisActortheFinancial
Administration and Audit Act 1977for the
preparationand submission of reports and plans;
or(c)uses its funds or reputation for party
political purposes.147Fees and allowances etc.The
members of the abattoir corporation (other than the chief
executiveofficer) are entitled to be paid by the
corporation the fees and allowancesdecided by the
Governor in Council.Division 5—Plans and reports148Strategic plans(1)The
abattoir corporation must in each financial year submit to
theMinister—(a)its
updated 5 year strategic plan; and(b)its
operational plan for the next financial year.(2)The
operational plan must include details of—(a)financial and other performance targets;
and(b)proposedtradingactivitiestobeundertakenundersection 136(2)(c).(3)Theabattoircorporationmustnotstarttocarryoutnewactivitiesspecified in a
strategic plan or an operational plan without the Minister’sapproval of the plan.149Quarterly reports(1)TheabattoircorporationmustgivetotheMinisterareportonitsoperations for each of the first 3
quarters of a financial year.(2)A
quarterly report must be given to the Minister—(a)within 1 month after the end of the quarter;
or
s
15070Meat Industry Act 1993s
152(b)if another period after the end of the
quarter is agreed betweentheabattoircorporationandtheMinister—withintheagreedperiod.(3)A quarterly report must include
information on the progress of theabattoir
corporation in achieving financial and other performance
targetsincluded in its current operational
plan.150Deletion of commercially sensitive
matters from annual report(1)If the abattoir
corporation asks the Minister to delete from copies ofan
annual report of the corporation (and accompanying documents) that
areto be made public a matter of a commercially
sensitive nature, the Ministermaydeletethematterfromthecopiesoftheannualreport(andaccompanyingdocuments)laidbeforetheLegislativeAssemblyorotherwise made public.(2)ThissectionhaseffectdespiteanythingintheFinancialAdministration
and Audit Act 1977.Division 6—Proceedings of abattoir
corporation151Time and place of meetings(1)Meetings of the abattoir corporation
are to be held at the times andplaces it
decides.(2)However,theabattoircorporationmustmeetatleastonceevery2 months.(3)The chairperson—(a)may
at any time call a meeting of the abattoir corporation; and(b)must call a meeting if asked by at
least half the members.152Procedures
governing conduct of proceedings(1)The
chairperson is to preside at all meetings at which the
chairpersonis present.(2)Ifthechairpersonisabsent,thememberchosenbythememberspresent is to preside.(3)At a
meeting of the abattoir corporation—
s
15371Meat Industry Act 1993s
153(a)more than half the members form a
quorum; and(b)aquestionistobedecidedbyamajorityofthevotesofthemembers present and voting; and(c)each member present has a vote on each
question to be decidedand, if the votes are equal, the
member presiding has a castingvote.(4)The abattoir corporation may conduct
its proceedings (including itsmeetings) as it
considers appropriate.(5)The abattoir
corporation may hold meetings, or permit members totakepartinmeetings,bytelephone,closed-circuittelevisionoranotherform of
communication.(6)A member who takes part in a meeting
of the abattoir corporationunder permission
under subsection (5) is taken to be present at the meeting.(7)If—(a)allmembersoftheabattoircorporationagree,inwriting,toaproposed resolution; and(b)noticeoftheproposedresolutionwasgivenunderproceduresapproved by the
corporation;the resolution is a valid resolution of the
corporation, even though it wasnot passed at a
meeting of the corporation.153Disclosure of
interests(1)This section applies to a member of
the abattoir corporation if—(a)the
member has a direct or indirect financial interest in an
issuebeing considered, or about to be considered,
by the corporation;and(b)theinterestcouldconflictwiththeproperperformanceofthemember’s duties about the
consideration of the issue.(2)As soon as
practicable after the relevant facts come to the member’sknowledge,themembermustdisclosethenatureoftheinteresttoameeting of the abattoir
corporation.(3)The disclosure must be recorded in the
abattoir corporation’s minutesand, unless the
corporation otherwise decides, the member must not—
s
15472Meat Industry Act 1993s
157(a)be present when the corporation
considers the issue; or(b)take part in a
decision of the corporation on the issue.(4)Another member who has a direct or indirect
financial interest in theissue must not—(a)bepresentwhentheabattoircorporationisconsideringitsdecision under subsection (3); or(b)take part in making the
decision.154MinutesThe abattoir
corporation must keep minutes of its proceedings.Division 7—Staff155Staff
generally(1)Theabattoircorporationmayengagetheemployeesitconsidersnecessary to
perform its functions.(2)The terms of
employment of the abattoir corporation’s employees areto be
decided by it.(3)However, subsection (2) has effect
subject to any relevant industrialaward or
agreement.156Secretary(1)The
abattoir corporation must employ a secretary.(2)However, the position may be held by the
chief executive officer.Division 8—Other matters about the
abattoir corporation157Superannuation schemes(1)The abattoir corporation may—(a)establish or amend superannuation
schemes; or
s
15873Meat Industry Act 1993s
159(b)join in establishing or amending
superannuation schemes; or(c)take part in
superannuation schemes.(2)The
auditor-general may audit the schemes.(3)Subsection (2) is subject to theFinancial Administration and AuditAct
1977, part 6.2(4)Apersonwho,immediatelybeforebecominganemployeeoftheabattoir corporation, was a contributor
to the State service superannuationfund,oramemberoftheStatepublicsectorsuperannuationscheme,continues to be a contributor or
member.(5)If the abattoir corporation
establishes, joins in establishing or takespart in a scheme
mentioned in subsection (1), (the“authority’s
scheme”),apersontowhomsubsection(4)appliesmay,underarrangementsprescribed by
regulation, stop being a contributor or member and become amember of the corporation’s scheme.158SealJudicial notice
must be taken of the imprint of the abattoir corporation’sseal
appearing on a document and the document must be presumed to
havebeen properly sealed unless the contrary is
proved.159Committees(1)Theabattoircorporationmayestablishcommitteestoassistoradvise it.(2)The
abattoir corporation may decide—(a)the
functions of a committee; and(b)the
membership of a committee; and(c)how
a committee is to operate.(3)Amemberofacommitteeisentitledtobepaidbytheabattoircorporation the
fees and allowances decided by the corporation.2Financial Administration and Audit Act
1977, part 6 (Audit of consolidated fund
andpublic sector entities)
s
16074Meat Industry Act 1993s
162160Application of certain Acts(1)The abattoir corporation is—(a)a unit of public administration under
theCrime and MisconductAct 2001;
and(b)an agency under theEqualOpportunityinPublicEmploymentAct 1992;
and(c)astatutorybodyundertheFinancialAdministrationandAuditAct 1977;
and(d)a public authority under thePublic Records Act 2002; and(e)astatutorybodyundertheStatutoryBodiesFinancialArrangements Act
1982.(2)TheStatutory Bodies Financial Arrangements Act
1982, part 2B setsout the way in
which the abattoir corporation’s powers under this Act areaffectedbytheStatutoryBodiesFinancialArrangementsAct1982,including, for example, section 137(3) and
(4) of this Act.161Ombudsman Act 2001 does not apply to
certain decisions(1)TheOmbudsman Act
2001does not apply to—(a)a
decision about the abattoir corporation’s commercial policy;
or(b)the abattoir corporation in relation
to its competitive commercialactivities.(2)In
this section—“competitivecommercialactivity”meansanactivitycarriedon,onacommercial basis, in competition with a
person, other than—(a)the Commonwealth or a State or a
Territory; or(b)a State authority; or(c)a local government authority.162Public Service Act does not
applyThePublic Service Act 1996does
not apply to the abattoir corporation orits
employees.
s
162G75Meat Industry Act 1993s
162IPART 7B—ADMINISTRATION AND WINDING–UP
OFABATTOIR CORPORATION162G Effect of
part on pt 7This part—(a)applies despite part 7; and(b)changes the way part 7
operates.162HAppointment of administrator(1)TheGovernorinCouncilmay,bygazettenotice,appointasadministrator of the abattoir corporation
(the“administrator”) a
personthe Minister considers has appropriate
qualifications and experience to bethe
administrator.(2)Theadministratoristobeappointedfortheterm,andontheconditions approved by the Governor in
Council.(3)The administrator—(a)holds office subject to the direction of the
Minister; and(b)unless the administrator earlier
ceases holding office because ofsection146(2)or(3),or162N(1)(c)3—ceasesholdingofficewhen the term of
the appointment ends or, if an earlier day isspecified by the
chief executive by gazette notice as the day thepurpose of the administration ends, on the
earlier day.162IAbattoir corporation members go out of
office(1)On the appointment of the
administrator, the members of the abattoircorporation go
out of office.(2)No compensation is payable to a member
of the corporation becauseof subsection (1).3Section 146 (Duration of
appointment)
s
162J76Meat Industry Act 1993s
162L162JAdministrator is abattoir
corporation(1)ForallpurposesofthisAct,theadministratoristheabattoircorporation.(2)Subject to subsection (3), part 7, divisions
4 and 64do not apply tothe
administrator.(3)Section 146(2)(a) and (c) to (e) and
(3) and section 147 apply to theadministrator as
if the administrator were a member of the corporation.162KAdditional functions of
administrator(1)The administrator has each of the
following additional functions—(a)toimplementaprogramofstructuralchangetotheabattoircorporation’s resources and
functions;(b)togivetheMinisteraquarterlyreportonthecorporation’sfinancial
position, the functions of the corporation, and anythingelsetheMinisterrequirestheadministratortoincludeinthereport;(c)to
give the Minister a final report on the administration,
includingdetailsofanydirectionsgivenbytheMinistertotheadministrator;(d)if
the Minister directs the administrator to wind-up the
abattoircorporation—(i)to
wind-up the abattoir corporation; and(ii)to
give the Minister a report on the winding-up at any timethe
Minister requires.(2)TheMinistermusttabletheadministrator’sfinalreportintheLegislative Assembly within 14 sitting
days after the Minister receives it.162L
Administrator’s powers(1)The
administrator has power to do all things necessary or
convenientto be done for winding-up the abattoir
corporation.(2)Without limiting subsection (1), the
administrator—4Part 7, divisions 4 (Membership of
abattoir corporation) and 6 (Proceedings ofabattoir
corporation)
s
162M77Meat Industry Act 1993s
162N(a)has control of the abattoir
corporation’s businesses, property andaffairs;
and(b)may carry on the business and manage
the property and affairs;and(c)may
terminate or dispose of all or part of the businesses; and(d)may deal with, or dispose of, any of
the property.(3)Toremoveanydoubt,itisdeclaredthatpart7doesnotlimittheadministrator’s powers.162M Completion of
winding-up(1)ThissectionappliesiftheMinisterdirectstheadministratortowind-up the abattoir corporation.(2)On completion of the
winding-up—(a)the net proceeds of the winding-up
must be paid to the abattoircorporation;
or(b)if there are no net proceeds but there
are debts arising from thewinding-up—the debts remain debts of
the abattoir corporation.(3)Within 14 days
after completion of the winding-up, the administratormust
give to the Minister—(a)a report on the
winding-up; and(b)any other information or documents the
Minister requests to fullyexplain the winding-up to the
satisfaction of the Minister.(4)TheMinistermusttableacopyofthereportintheLegislativeAssembly within
14 sitting days after receiving it.162N Dissolution
of abattoir corporation(1)On the
dissolution day—(a)the net proceeds of the winding-up
vest in the State or, if therearenonetproceedsbuttherearedebtsarisingfromthewinding-up, the debts become debts of the
State; and(b)any other liability of the abattoir
corporation becomes a liabilityof the State;
and(c)the abattoir corporation is dissolved;
and
s
162O78Meat Industry Act 1993s
164(d)the administrator—(i)ceases to hold office; and(ii)is, in the
absence of fraud or dishonesty, released from anyfurtherliabilitytoaccountfortheadministrationoftheabattoir corporation’s affairs or the
winding-up.(2)In subsection (1)—“dissolution
day”means the day the Minister, by gazette
notice, notifies asthe dissolution day for this section.162O
Proceedings by or against abattoir corporation(1)A
proceeding by or against the abattoir corporation that has not
beenfinished before the dissolution day under
section 162N may be continuedand finished by or
against the State.(2)If, because of an event that happened
before the dissolution day, aproceeding could
have been started by or against the abattoir corporation, itmay
be started by or against the State.PART
8—MISCELLANEOUS164Protection from liability(1)In this section—“official”means—(a)the
chief meat officer; and(b)a meat safety
officer; and(c)apersonactingunderthedirectionoftheauthority,thechiefmeat officer or a
meat safety officer.(2)An official does not incur civil
liability for an act or omission donehonestly and
without negligence under this Act.(3)A
liability that would, apart from this section, attach to an
officialattaches instead to the
authority.
s
16579Meat Industry Act 1993s
166A165Offences are summary offencesAn
offence against this Act is a summary offence.166Regulations(1)The
Governor in Council may make regulations for the purposes ofthis
Act.(2)A regulation may be made with respect
to—(a)any matter for which provision may be
made by a standard; and(b)the fees payable
under this Act; and(c)offencesforcontraventionofaregulationandthemaximumpenalties, of
not more than 40 penalty units, for the offences.PART
8A—TRANSITIONAL PROVISIONS FOR FOODPRODUCTION
(SAFETY) ACT 2000166ASafe Food taken to be the
authority(1)On the commencement of this section,
Safe Food stands in the placeof the former
Queensland Livestock and Meat Authority for all purposes ofthis
Act.(2)A reference in this Act, another Act
or a document, to the authoritymust, if the
context permits, be taken to be a reference to Safe Food.(3)In this section—“SafeFood”meansSafeFoodProductionQLDestablishedundertheFood Production (Safety) Act
2000.
s
166B80Meat Industry Act 1993s
166B166BAdministrator continues in
office(1)This section applies despite the
expiry of part 7A.5(2)For all purposes
of this Act, the person appointed as the administratorunder
part 7A is taken to have continued to be the authority from the
expiryof the part.(3)The
administrator must, within 28 days after the commencement ofthissection,givetheMinisterafinalreportontheadministration,includingdetailsofanydirectionsgivenbytheMinistertotheadministrator.(4)TheMinistermusttablethereportintheLegislativeAssemblywithin 14 sitting days after receiving
it.5Part 7A (Authority administrator)
expired on 5 December 1999.
82Meat Industry Act 19934Table of earlier reprintsReprints are issued for both future and past
effective dates.For the most up-to-date tableof
earlier reprints, see the latest reprint.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF EARLIER REPRINTSReprintNo.11A1B22A2B2C2D33A3B3CAmendments includednoneto
Act No. 57 of 1995to Act No. 59 of 1996to Act No. 59 of
1996to Act No. 50 of 1998to Act No. 45 of
1999to Act No. 88 of 1999to Act No. 45 of
2000to Act No. 45 of 2001to Act No. 63 of
2001to Act No. 73 of 2001to Act No. 73 of
20013Dto Act No. 11 of 20023Eto Act No. 49 of 2002Effective1 January
199428 November 199530 June
19975 December 199727 November
199817 September 199921 December
199925 October 200015 July
200125 October 20013 December
20011 January 20021 July
200224 September 2002Reprint
date6 January 199429 July
199611 July 19972 October
19982 December 199812 October
199920 January 20009 November
200031 July 20018 November
200114 December 200115 January
2002(Column discontinued)Notes5Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableCorrected minor errorsReprint
No.16List of
legislationMeat Industry Act 1993 No. 56date
of assent 25 October 1993pts3–10(otherthanss31–32,144–145)commenced1January1994(1993SL No.
474)remaining provisions commenced on date of
assentrep 2000 No. 45 s 145(1) (as amd 2002 No. 49
s 28))amending legislation—
83Meat Industry Act 1993StatutoryAuthoritiesSuperannuationLegislationAmendmentAct1995No.36ss 1–2, 9 sch 2date of assent 16
June 1995commenced on date of assentStatute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 1date of assent 28 November 1995commenced on date of assentStatutory Bodies Financial Arrangements
Amendment Act 1996 No. 54 ss 1–2, 9 schdate of assent 20
November 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 June 1997
(1997 SL No. 128)Primary Industries Legislation Amendment Act
(No. 2) 1996 No. 59 pts 1, 8date of assent 5
December 1996ss 1–2 commenced on date of assents 48
commenced 30 June 1997 (1997 SL No. 106)s57commenced5December1997(automaticcommencementunderAIAs 15DA(2))remaining
provisions commenced 2 May 1997 (1997 SL No. 106)Primary Industries Legislation Amendment Act
1998 No. 50 pts 1, 7date of assent 27 November 1998commenced on date of assentPrimary Industries Legislation Amendment Act
1999 No. 45 ss 1, 2(4) pt 7date of assent 17 September
1999commenced on date of assent (see s
2(4))Primary Industry Bodies Reform Act 1999 No.
88 ss 1–2(1) pt 9date of assent 21 December 1999commenced on date of assent (see s
2(1))Food Production (Safety) Act 2000 No. 45 s 1
pt 12 div 3date of assent 25 October 2000commenced on date of assentCorporations (Ancillary Provisions) Act 2001
No. 45 ss 1–2, 29 sch 3date of assent 28 June 2001sch3commenced15July2001(sees2(2)ofAct2001No.45(Qld)andCorporations Act 2001 No. 50 (Cwlth)
and proc pubd Cwlth of Australia gaz13 July 2001, No.
S285)remaining provision commenced immediately
before 15 July 2001 (see s 2(1) of Act2001 No. 45 (Qld)
and Corporations Act 2001 No. 50 (Cwlth) and proc pubdCwlth
of Australia gaz 13 July 2001, No. S285)Primary Industries
Legislation Amendment Act 2001 No. 63 s 1, pt 5, s 58 schdate
of assent 25 October 2001commenced on date of
assent
84Meat Industry Act 1993Crime
and Misconduct Act 2001 No. 69 ss 1–2, 378 sch 1date
of assent 8 November 2001ss 1–2 commenced on date of
assentremaining provisions commenced 1 January
2002 (2001 SL No. 221)Ombudsman Act 2001 No. 73 ss 1–2, 96
sch 1date of assent 13 November 2001ss
1–2 commenced on date of assentremaining
provisions commenced 3 December 2001 (2001 SL No. 224)Public
Records Act 2002 No. 11 ss 1, 2(2), 62 sch 1date of assent 24
April 2002ss 1–2 commenced on date of assentremaining provisions commenced 1 July 2002
(2002 SL No. 115)Primary Industries Legislation Amendment Act
2002 No. 49 s 1, pt 8date of assent 24 September
2002commenced on date of assent7List of annotationsCommencements 2om
2001 No. 63 s 58 schMain objectives 3amd
1996 No. 59 s 44sub 2000 No. 45 s 145Definitionss
4def“authority”sub 2000 No. 45 s
146def“chief meat officer”ins
1998 No. 50 s 26def“Policy Council”om 1996 No. 59 s
45PART 2—MINISTERIAL ADVISORY BODIESpt
hdgsub 1996 No. 59 s 46om 2000 No. 45 s
147Minister may establish advisory bodiess
17sub 1996 No. 59 s 46om 2000 No. 45 s
147Functionss 18om
1996 No. 59 s 46Compositions 19om
1996 No. 59 s 46Meetingss 20om
1996 No. 59 s 46Committeess 21om
1996 No. 59 s 46
85Meat Industry Act 1993PART
3—THE QUEENSLAND LIVESTOCK AND MEAT AUTHORITYDivision
1—Establishment of authoritydiv 1 (ss
22–23)om 2000 No. 45 s 148Division
2—Functions and powers of authorityFunctionss
24amd 1996 No. 59 s 47; 2000 No. 45 s
149Division 3—Reserve powers of Ministerdiv
hdgom 2000 No. 45 s 150Reserve power of
Minister to notify authority of public sector policiess
27om 2000 No. 45 s 150Reserve power of
Minister to give directions in public interests 28om
2000 No. 45 s 150Additional matters to be included in annual
reports 29om 2000 No. 45 s 150Division 4—Membership of authoritydiv
hdgom 2000 No. 45 s 150Composition of
authoritys 30amd 1996 No. 59 s 48om
2000 No. 45 s 150Selection committees 31om
1996 No. 59 s 49Selection of members for appointments
32om 1996 No. 59 s 49Duration of
appointments 33amd 1996 No. 59 s 50om
2000 No. 45 s 150Fees and allowancess 34om
2000 No. 45 s 150Division 5—Proceedings of authoritydiv
hdgom 2000 No. 45 s 150Time and place of
meetingss 35amd 1996 No. 59 s 51om
2000 No. 45 s 150Procedures governing conduct of
proceedingss 36amd 1996 No. 59 s 52om
2000 No. 45 s 150Disclosure of interestss 37om
2000 No. 45 s 150Minutess 38om
2000 No. 45 s 150
86Meat Industry Act 1993Division 6—Chief meat officerdiv
hdgsub 2000 No. 45 s 151Staff
generallys 39om 2000 No. 45 s 152Chief
executive officer and secretarys 40amd
1996 No. 59 s 53om 2000 No. 45 s 152Chief meat
officers 41amd 2000 No. 45 s 153Acting
chief meat officers 42om 2000 No. 45 s 154Superannuation schemess 43amd
1995 No. 36 s 9 sch 2om 2000 No. 45 s 155Seals 44om 2000 No. 45 s
155Committeess 45om
2000 No. 45 s 155Application of certain Actss
46amd 1996 No. 54 s 9 sch; 2001 No. 69 s 378
sch 1; 2002 No. 11 s 62 sch 1Parliamentary
Commissioner Act 1974 not to apply to certain decisionss
47om 2000 No. 45 s 156Decision on
application for accreditations 56amd
2001 No. 63 s 22Granting of accreditations 58amd
2001 No. 63 s 22Notice to return accreditation for
alterations 66amd 2001 No. 63 s 22Standardss 70amd
2000 No. 45 s 157Standard is subordinate legislations
71sub 1998 No. 50 s 27Attempts to commit
offencess 80amd 2001 No. 63 s 22Disposal of condemned meats
88amd 2001 No. 63 s 22Keeping of meat to
enable analysiss 89amd 2001 No. 63 s 22Seizing of meats 100amd
2001 No. 63 s 22
87Meat Industry Act 1993Hearing proceduress 102amd
1995 No. 57 s 4 sch 1Appeal to District Court on questions
of law onlys 104amd 1998 No. 50 s 28Restraining orderss 109amd
1998 No. 50 s 29Consent to entrys 114amd
2001 No. 63 s 22Evidence of consents 115amd
2001 No. 63 s 22Evidence and procedures 127amd
1999 No. 45 s 44Appeals to tribunals 130amd
1999 No. 45 s 45; 2001 No. 63 s 22How to start an
appeals 131sub 1999 No. 45 s 46Abattoir corporation is a body corporate
etc.s 135amd 2001 No. 45 s 29 sch 3Other
powers with Minister’s approvals 137Ains
1999 No. 88 s 111Delegations 138amd
1999 No. 88 s 112Composition of abattoir corporations
142amd 1996 No. 59 s 54Selection
committees 144om 1996 No. 59 s 55Selection of members for appointments
145om 1996 No. 59 s 55Duration of
appointments 146amd 1996 No. 59 s 56; 2001 No. 63 s
22Superannuation schemess 157amd
1995 No. 36 s 9 sch 2Application of certain Actss
160amd 1996 No. 54 s 9 sch; 2001 No. 69 s 378
sch 1; 2002 No. 11 s 62 sch 1Ombudsman Act 2001
does not apply to certain decisionsprov hdgamd
2001 No. 73 s 96 sch 1s 161amd 2001 No. 73 s
96 sch 1Public Service Act does not applys
162sub 1998 No. 50 s 30
88Meat Industry Act 1993PART
7A—AUTHORITY ADMINISTRATORpt hdgins 1996 No. 59 s
57sub 1999 No. 88 s 113exp 5 December
1999 (see s 162F)Effect of part on pt 3s 162Ains
1996 No. 59 s 57exp 5 December 1999 (see s 162F)Appointment of administrators
162Bins 1996 No. 59 s 57exp 5 December
1999 (see s 162F)Authority members stop holding offices
162Cins 1996 No. 59 s 57exp 5 December
1999 (see s 162F)Administrator is authoritys
162Dins 1996 No. 59 s 57exp 5 December
1999 (see s 162F)Additional functions of administrators
162Eins 1996 No. 59 s 57exp 5 December
1999 (see s 162F)Expirys 162Fins
1996 No. 59 s 57exp 5 December 1999 (see s 162F)PART7B—ADMINISTRATIONANDWINDING–UPOFABATTOIRCORPORATIONpt hdgins
1999 No. 88 s 114sub 2001 No. 63 s 17Effect of part on
pt 7162Gins 1999 No. 88 s 114Appointment of administrator162Hins 1999 No. 88 s 114amd
2001 No. 63 s 18Abattoir corporation members go out of
office162Iins 1999 No. 88 s 114Administrator is abattoir corporation162Jins 1999 No. 88 s 114Additional functions of administrator162Kins 1999 No. 88 s
114amd 2001 No. 63 ss 19, 58 schAdministrator’s powerss 162Lins
2001 No. 63 s 20Completion of winding-ups 162Mins
2001 No. 63 s 20
89Meat Industry Act 1993Dissolution of abattoir corporations
162Nins 2001 No. 63 s 20amd 2002 No. 49 s
34Proceedings by or against abattoir
corporations 162Oins 2002 No. 49 s
35PART 8—MISCELLANEOUSReview of
Acts 163om 2000 No. 45 s 158PART8A—TRANSITIONALPROVISIONSFORFOODPRODUCTION(SAFETY) ACT 2000pt 8A (ss
166A–166B)ins 2000 No. 45 s 159PART
9—EXPIRYpt hdgsub 1998 No. 50 s
31om 2002 No. 49 s 36Expiry of
Acts 167prev s 167 exp 1 January 1995 (see s
167(2))pres s 167 ins 1998 No. 50 s 31amd
2000 No. 45 s 160; 2001 No. 63 s 21Continuation of
former Authority etc.s 168(1)–(4), (6)–(7)
exp 1 July 1994 (see s 168(7))(5), (8) exp 1
January 1995 (see s 168(8))Vesting of assets etc. in new
bodiess 169exp 1 July 1994 (see s 169(2))Pending legal proceedingss 170exp 1
July 1994 (see s 170(2))Existing staffs 171exp 1
July 1994 (see s 171(4))Provision for certain other
officerss 172exp 1 July 1994 (see s 172(5))Existing superannuation arrangements and
schemess 173exp 1 July 1994 (see s 173(2))Existing approvals etc.s 174exp 1
January 1995 (see s 174(6))Meat processing by Abattoir
Corporations 175exp 1 January 1995 (see s
175(5))Meat Inspectorss 176exp 1
July 1994 (see s 176(3))Issue of accreditation without formal
applications 177exp 1 January 1995 (see s
177(3))Existing orders etc.s 178exp 1
January 1994 (see s 178(2))