Meat Industry Act 1993


Queensland Crest
MEAT INDUSTRY ACT 1993
Queensland MEAT INDUSTRY ACT 1993 Reprinted as in force on 1 January 2003 (includes amendments up to Act No. 49 of 2002) This is the reprint current on the repeal date Reprint No. 3F This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 1 January 2003. The reprint shows the law as amended by all amendments 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 list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland MEAT INDUSTRY ACT 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY Division 1—Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2—Objectives 3 Main objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3—Interpretation 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Meaning of “disease” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6 Meaning of “integrity” of meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 7 Meaning of “meat” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8 Meaning of “meat processing” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9 Meaning of “program of production” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 10 Meaning of “retailer”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11 Meaning of “smallgoods” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12 Meaning of “wholesomeness” of meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 4—Operation of Act 13 State bound by Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 14 Exemptions from Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 15 Act does not apply to things done under Aboriginal tradition and Island custom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 16 Food Act 1981 not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 3—THE QUEENSLAND LIVESTOCK AND MEAT AUTHORITY Division 2—Functions and powers of authority 24 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Meat Industry Act 1993 25 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 26 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 6—Chief meat officer 41 Chief meat officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 7—Other matters about the authority 46 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 4—INDUSTRY ADMINISTRATION Division 1—Meat safety officers 48 Appointment of meat safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 49 Terms of appointment of meat safety officers . . . . . . . . . . . . . . . . . . . . . . . . 21 50 Powers of meat safety officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 51 Meat safety officer’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 52 Production of meat safety officer’s identity card. . . . . . . . . . . . . . . . . . . . . . 22 Division 2—Accreditation 53 Purpose of accreditation system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 54 Authority given by accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 55 Application for accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 56 Decision on application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 57 Temporary accreditation pending final decision on application . . . . . . . . . . 23 58 Granting of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 59 Refusal to grant accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 60 Conditions of accreditation imposed by the authority. . . . . . . . . . . . . . . . . . 25 61 Condition of accreditation about audits of program of production . . . . . . . . 25 62 Other conditions of accreditation imposed by Act . . . . . . . . . . . . . . . . . . . . 26 63 Accreditation transferable only under standards . . . . . . . . . . . . . . . . . . . . . . 27 64 Nominee of holder of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 65 Amendment of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 66 Notice to return accreditation for alteration . . . . . . . . . . . . . . . . . . . . . . . . . 28 67 Suspension or cancellation of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 29 68 Return of suspended or cancelled accreditation . . . . . . . . . . . . . . . . . . . . . . 30 69 Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
3 Meat Industry Act 1993 Division 3—Standards 70 Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 71 Standard is subordinate legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 72 Regulations prevail over standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 4—Major meat offences 73 Contravention of conditions of accreditation . . . . . . . . . . . . . . . . . . . . . . . . 32 74 Unauthorised meat processing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 75 Meat substitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 76 Unlawful adulteration of meat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 77 Offences about official marks etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 78 False trade descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 79 Possession of meat not packed or marked under standards. . . . . . . . . . . . . . 35 80 Attempts to commit offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 5—Administration of accreditation provisions and standards 81 General powers of meat safety officer in relation to accredited premises etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 82 Analysis of samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 83 Meat analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 84 Power to enforce standards for premises, vehicles, plant or equipment . . . . 37 85 Seizure of meat to aid inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 86 Power to condemn meat as unfit for human food . . . . . . . . . . . . . . . . . . . . . 38 87 Power to condemn meat as unfit for human or animal food . . . . . . . . . . . . . 39 88 Disposal of condemned meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 89 Keeping of meat to enable analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 90 Prohibition on killing etc. diseased animals . . . . . . . . . . . . . . . . . . . . . . . . . 40 91 Power to require segregation of person suffering from infectious disease . . 40 PART 5—ENFORCEMENT MATTERS Division 1—Nature of powers of meat safety officers 92 Powers of meat safety officers under this part. . . . . . . . . . . . . . . . . . . . . . . . 40 Division 2—Powers of meat safety officers in relation to places and vehicles 93 Entry of place by meat safety officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 94 Warrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
4 Meat Industry Act 1993 95 Warrants—applications made otherwise than in person . . . . . . . . . . . . . . . . 96 Entry or boarding of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Meat safety officer’s general powers in relation to places and vehicles . . . . 98 Power to seize evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Seizure of unlawfully processed meat 100 Seizing of meat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Where and how to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Powers of Magistrates Court on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 105 Disposal of seized meat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Other enforcement powers of meat safety officers 106 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Power to require information from certain persons. . . . . . . . . . . . . . . . . . . . 108 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Other enforcement matters 109 Restraining orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Meat safety officer to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . 114 Consent to entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Evidence of consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Obstruction of meat safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Impersonation of meat safety officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Evidence 118 Evidentiary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Conduct of executive officers, employees and agents . . . . . . . . . . . . . . . . . . PART 6—ADMINISTRATIVE APPEALS Division 1—The Meat Industry Tribunal 120 Establishment of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 43 44 46 46 47 48 48 48 48 48 49 50 50 51 51 52 52 52 53 53 54 54 54 55 56
5 Meat Industry Act 1993 121 Composition of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Secretary and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Expenses of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Proceedings of tribunal 125 Time and place of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Decisions of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Evidence and procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Powers in relation to witnesses etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Jurisdiction of tribunal 130 Appeals to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Stay of operation of decisions etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Powers of tribunal on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7—QUEENSLAND ABATTOIR CORPORATION Division 1—Establishment of abattoir corporation 134 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Abattoir corporation is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Functions and powers of abattoir corporation 136 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137A Other powers with Minister’s approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Reserve powers of Minister 139 Reserve power of Minister to notify abattoir corporation of public sector policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Reserve power of Minister to give directions in public interest . . . . . . . . . . 141 Additional matters to be included in annual report . . . . . . . . . . . . . . . . . . . . Division 4—Membership of abattoir corporation 142 Composition of abattoir corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Chief executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 58 58 58 58 58 59 59 59 60 61 61 62 63 63 63 64 65 65 66 66 66 67 67 68
6 Meat Industry Act 1993 147 Fees and allowances etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Plans and reports 148 Strategic plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Deletion of commercially sensitive matters from annual report . . . . . . . . . . Division 6—Proceedings of abattoir corporation 151 Time and place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Procedures governing conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . 153 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7—Staff 155 Staff generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8—Other matters about the abattoir corporation 157 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Ombudsman Act 2001 does not apply to certain decisions. . . . . . . . . . . . . . 162 Public Service Act does not apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7B—ADMINISTRATION AND WINDING–UP OF ABATTOIR CORPORATION 162G Effect of part on pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162H Appointment of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162I Abattoir corporation members go out of office . . . . . . . . . . . . . . . . . . . . . . . 162J Administrator is abattoir corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162K Additional functions of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162L Administrator’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162M Completion of winding-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162N Dissolution of abattoir corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162O Proceedings by or against abattoir corporation . . . . . . . . . . . . . . . . . . . . . . . PART 8—MISCELLANEOUS 164 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 69 69 70 70 70 71 72 72 72 72 73 73 74 74 74 75 75 75 76 76 76 77 77 78 78
7 Meat Industry Act 1993 165 Offences are summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8A—TRANSITIONAL PROVISIONS FOR FOOD PRODUCTION (SAFETY) ACT 2000 166A Safe Food taken to be the authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166B Administrator continues in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 79 79 80 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 81 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
s1 9 s4 Meat Industry Act 1993 MEAT INDUSTRY ACT 1993 [as amended by all amendments that commenced on or before 1 January 2003] An Act about the Queensland livestock and meat industry PART 1—PRELIMINARY Division 1—Introduction 1 Short title This Act may be cited as the Meat Industry Act 1993 . Division 2—Objectives 3 Main objective The main objective of this Act is to ensure the wholesomeness and integrity of meat are maintained. Division 3—Interpretation 4 Definitions In 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 with and change it in any way. “analyst” includes a person who is an analyst under the standards.
s 4 10 s 4 Meat Industry Act 1993 “animal food” means a substance ordinarily consumed, or intended for consumption, by animals. “apply” an official mark or trade description includes attach, emboss, impress, mark, print, stencil and write the official mark or trade description. “approved program of production” for an accreditation means the approved program of production (within the meaning of section 58(3)) as amended under section 65. “asset” includes property of any kind. “authority” means— (a) before the commencement of section 166A 1 —the former Queensland Livestock and Meat Authority established under this Act; or (b) on or after the commencement of section 166A—Safe Food Production QLD established under the Food 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” means the person appointed under this Act as the chief 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 false and misleading in a material particular about the meat because of— 1 Section 166A (Safe Food taken to be the authority)
s 4 11 s 4 Meat 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” means a substance ordinarily consumed, or intended for consumption, 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. “meat processing facility” means premises where meat processing is carried out. “meat processing product” includes a substance declared by standard to be a meat processing product. “meat safety officer” means a person who is appointed under this Act as a meat safety officer. “obstruct” includes hinder, resist and attempt to obstruct. “official mark” means a mark prescribed by standard to be an official mark. “official marking device” means a device prescribed by standard to be an official 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 the animal or meat. “person in control” of a vehicle includes— (a) the driver of the vehicle; and
s 4 12 s 4 Meat Industry Act 1993 (b) the person in command of the vehicle; and (c) the person who appears to be in control or command of the vehicle. “place” includes land and premises. “premises” includes— (a) a building or other structure or part of a building or other structure; and (b) land where a building or other structure is situated. “prepackaged meat” means meat that is prepackaged meat under the standards. “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. “trade description” for meat means any description or other representation about— (a) the processing of the meat under an accreditation; or (b) another matter that, under the standards, is taken to have been decided about the meat during its processing; and includes any mark commonly taken to be a representation of that kind 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.
s 5 13 s 5 Meat 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. 5 Meaning 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 meat from the animal is not wholesome for human or animal food; or (ii) whether or not it affects the animal’s state of health, could be transmitted to a person or another animal if a person or other animal— (A) contacts the animal; or (B) contacts the animal’s carcass; or (C) contacts or eats meat or other substances from the animal; or (b) a chemical or antibiotic residue prescribed by standard in excess of 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 wholesome for human or animal food; or (ii) could be transmitted to a person or animal if the person or animal contacts or eats the meat; or (b) a chemical or antibiotic residue prescribed by standard in excess of the concentration level prescribed by standard for the residue; or (c) a condition or substance that is a disease under the standards.
s 6 14 s 8 Meat Industry Act 1993 6 Meaning of “integrity” of meat (1) “Integrity” of meat means the meat is from the species of animal it purports to be from. (2) Meat is not from the species of animal it purports to be from if meat of another species has been substituted (wholly or partly) for it. 7 Meaning 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 changed or it is mixed with another substance. Examples of meat 1. Smallgoods. 2. Marinated meat, meat rissoles, meat sausages, schnitzels, shish kebabs, steak and kidney 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 regulation to be an animal to which this Act does not apply; or (b) a substance declared by standard not to be meat. 8 Meaning of “meat processing” (1) “Meat processing” includes every activity in the production of meat. (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, to produce meat; and (c) anything done to meat to— (i) add value, or apparent value, to it; or (ii) make it appropriate, or apparently appropriate, for a particular purpose; or
s 8 15 s 8 Meat 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 for food. (5) The killing of an animal includes the stunning of the animal, and anything else done to the animal as part of the process of killing it. (6) The finishing point of meat processing is whichever of the following happens first— (a) the meat leaves the possession of a retailer of the meat; (b) the meat leaves premises where it becomes prepackaged meat for its 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 the standards, 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.
s 9 16 s 11 Meat Industry Act 1993 9 Meaning of “program of production” A “program of production” for meat processing is a description of the activities to happen during the meat processing, and in preparation for and cleaning up after the meat processing. 10 Meaning of “retailer” (1) A “retailer” of meat includes a person who sells meat to a buyer in a quantity commonly associated with a wholesale sale if the buyer does not intend 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 person for use in a fundraising barbecue, the association does not intend to resell any of the meat in trade or commerce. The person is, therefore, a retailer of meat for the sale, even though the quantity of the purchase may commonly be associated with a wholesale sale. (2) A person can be a retailer of meat for a particular transaction even though— (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 a retailer for the sale to the parents and citizens association even though the person is not a retailer for other transactions. (3) A buyer of meat is not taken to intend to resell it if the buyer intends to 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 person who sells or otherwise deals with meat is a retailer of the meat. 11 Meaning of “smallgoods” “Smallgoods” include meat that has had its nature substantially changed, and its shelf life markedly increased, by processing, but do not include meats declared by standard not to be smallgoods.
s 12 17 s 14 Meat Industry Act 1993 Examples Salami, ham, bacon, corned, cured and cooked meats are smallgoods, but meat that has simply been chilled or frozen is not. 12 Meaning of “wholesomeness” of meat (1) “Wholesomeness” of meat for human food includes the absence of— (a) any condition or substance, not normally and naturally found in meat, that might compromise human health; and (b) any condition or substance a consumer would ordinarily regard as making the meat unfit as human food; and (c) any chemical or antibiotic residue prescribed by standard in excess of the concentration level prescribed by standard for the residue. (2) “Wholesomeness” of meat for animal food includes the absence of— (a) any condition or substance, not normally and naturally found in meat, that might compromise animal health; and (b) any chemical or antibiotic residue prescribed by standard in excess of the concentration level prescribed by standard for the residue. Division 4—Operation of Act 13 State bound by Act (1) This Act binds the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. (3) However, subsection (2) does not prevent the prosecution of an officer, employee or agent of the State for an offence. 14 Exemptions from Act (1) A regulation may exempt a person from this Act or any of its provisions.
s 15 18 s 25 Meat Industry Act 1993 (2) The exemption may be given on conditions specified in the regulation. (3) A person who is given an exemption must not contravene a condition of the exemption. Maximum penalty for subsection (3)—200 penalty units. 15 Act does not apply to things done under Aboriginal tradition and Island custom This Act does not apply to anything done by an Aborigine under Aboriginal tradition or a Torres Strait Islander under Island custom. 16 Food Act 1981 not affected This Act is in addition to, and does not limit, the Food Act 1981 . PART 3—THE QUEENSLAND LIVESTOCK AND MEAT AUTHORITY Division 2—Functions and powers of authority 24 Functions (1) The authority’s primary function is to ensure that the wholesomeness and integrity of meat are maintained. (2) The primary function is to be achieved mainly through the accreditation system provided under this Act. (3) The authority must also perform other functions given to it under this Act or another Act. (4) The authority must perform its functions efficiently and effectively. 25 General powers (1) The authority has, for or in connection with the performance of its functions, all the powers of a natural person, and may, for example—
s 26 19 s 41 Meat 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) do other things necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the authority has the powers given to it under this or another Act. (3) However, the authority may not acquire shares or another interest in an entity holding an accreditation under this Act. (4) The authority may exercise its powers inside and outside Queensland. (5) Without limiting subsection (4), the authority may exercise its powers outside Australia. 26 Delegation (1) The authority may delegate its powers to an authority committee, member or employee. (2) However, only the chief meat officer may be delegated the power to grant accreditations authorising meat processing to be carried out at premises. Division 6—Chief meat officer 41 Chief 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 a reference to the chief meat officer.
s 46 20 s 48 Meat Industry Act 1993 Division 7—Other matters about the authority 46 Application of certain Acts (1) The authority is— (a) a unit of public administration under the Crime and Misconduct Act 2001 ; and (b) an agency under the Equal Opportunity in Public Employment Act 1992 ; and (c) a statutory body under the Financial Administration and Audit Act 1977 ; and (e) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 , including, for example, section 25(4) and (5) of this Act. PART 4—INDUSTRY ADMINISTRATION Division 1—Meat safety officers 48 Appointment of meat safety officers (1) The authority may appoint employees of the authority and other persons to be meat safety officers. (2) Appointment as a meat safety officer of a person who is not an employee of the authority does not, of itself, make the person an employee of the authority. (3) The authority may appoint a person to be a meat safety officer only if— (a) the person has satisfactorily completed a training course approved by the authority; or
s 49 21 s 51 Meat Industry Act 1993 (b) in the authority’s opinion, the person has the necessary knowledge and experience to be a meat safety officer. (4) The authority may limit the powers of a meat safety officer by stating conditions in the instrument of appointment. 49 Terms of appointment of meat safety officers (1) A meat safety officer holds office on the conditions specified in the instrument of appointment. (2) A meat safety officer— (a) if the appointment provides for a term of appointment—stops holding 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 as a meat safety officer— (i) on stopping to hold some other office specified in the conditions of appointment; or (ii) on stopping to be employed by, or engaged under a contract to provide services to, the authority. 50 Powers of meat safety officers (1) A meat safety officer has the powers given under this or another Act. (2) A standard may limit the powers of meat safety officers of a specified class. 51 Meat 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) A person who stops being a meat safety officer must return the identity card to the authority as soon as practicable after stopping to be a
s 52 22 s 54 Meat Industry Act 1993 meat safety officer, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3)—40 penalty units. 52 Production of meat safety officer’s identity card (1) A meat safety officer may exercise a power in relation to a person only if the meat safety officer displays the meat safety officer’s identity card 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 the person at the first reasonable opportunity. Division 2—Accreditation 53 Purpose of accreditation system The purpose of the accreditation system provided by this Act is to ensure that the wholesomeness and integrity of meat are maintained in a way giving meat processors the opportunity to devise programs of production that— (a) best suit their particular circumstances; and (b) reduce the need for day-to-day oversight by the authority. 54 Authority given by accreditation (1) An accreditation authorises the holder to process meat on the conditions stated in the accreditation and in this Act. (2) An accreditation does not authorise the processing of meat derived from an animal prescribed by regulation to be a prohibited animal. (3) Subsection (2) applies to an accreditation even if an animal was not a prohibited animal when the accreditation was granted. (4) An accreditation does not authorise a person to do anything prohibited under another Act.
s 55 23 s 57 Meat Industry Act 1993 55 Application 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 to the application; or (b) to allow meat safety officers to inspect premises, vehicles, plant or equipment proposed to be used by the applicant. (3) The authority may refuse the application if the applicant does not give 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 the applicant’s proposed program of production. (6) The proposed program of production must be in sufficient detail to allow the authority to decide whether compliance with the program will ensure the wholesomeness and integrity of meat processed under the program are maintained. (7) If the authority agrees, the applicant may amend the application before the authority has finished considering it. 56 Decision on application for accreditation (1) The authority must consider an application for an accreditation and either— (a) grant the accreditation; or (b) refuse to grant the accreditation. (2) The authority may grant a temporary accreditation under section 57 while it is considering the application. 57 Temporary accreditation pending final decision on application (1) If an application is made for an accreditation, the authority may grant a temporary accreditation under this section.
s 58 24 s 58 Meat Industry Act 1993 (2) The accreditation remains in force until the earliest of the following happens— (a) the period, of not longer than 2 months, stated in the accreditation ends; (b) the application is finally decided by the authority and the applicant is notified of the authority’s decision; (c) the accreditation is revoked at the authority’s discretion by notice given to the applicant. (3) A reference in this or another Act to an accreditation includes a reference to a temporary accreditation in force under this section. 58 Granting of accreditation (1) If the authority decides to grant the accreditation sought by an application, the authority must promptly give the applicant— (a) the accreditation; and (b) if a condition is stated in the accreditation—a written notice stating the applicant can appeal against the imposition of the condition to the tribunal within 28 days. (2) The authority may grant an accreditation (other than a temporary accreditation under section 57) only if the authority is satisfied— (a) the premises and vehicles proposed to be used in the applicant’s proposed 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 proposed program of production becomes the approved program of production for the accreditation.
s 59 25 s 61 Meat Industry Act 1993 59 Refusal to grant accreditation If the authority decides to refuse to grant the accreditation sought by an application, the authority must promptly give to the applicant a written notice stating— (a) the decision; and (b) the reasons for the decision; and (c) that the applicant may appeal against the decision to the tribunal within 28 days. 60 Conditions of accreditation imposed by the authority (1) When the authority grants an accreditation, it may impose reasonable and relevant conditions. (2) The conditions must be stated in the accreditation. (3) Without limiting subsection (1), the authority may impose conditions about— (a) species of animals to be killed; or (b) the type of meat to be used, whether by reference to species of animals or otherwise; or (c) where or from whom animals or meat may or may not be obtained; or (d) the scheduled inspections to be made by meat safety officers of the 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) If a power conferred on meat safety officers by a condition is exercised by a meat safety officer, the power is taken to be exercised with the consent of the holder of the accreditation. 61 Condition of accreditation about audits of program of production It is a condition of an accreditation that the holder of the accreditation allow the authority to perform, without notice to the holder—
s 62 26 s 62 Meat Industry Act 1993 (a) the number of periodic audits of the approved program of production stated in the accreditation; and (b) if an audit shows a significant failure to follow the approved program of production—the additional audits, at the holder’s cost, the authority considers appropriate. 62 Other conditions of accreditation imposed by Act (1) The following conditions also apply to an accreditation— (a) the holder of the accreditation must pay to the authority, in accordance with the standards, the annual and other fees payable under the standards; (b) the meat processing authorised by the accreditation must be carried out in accordance with the approved program of production; (c) if a disease appears in an animal or meat that is or is to be the subject of the meat processing—the holder of the accreditation must— (i) tell the authority about the disease; and (ii) give a meat safety officer the reasonable assistance the meat safety officer requires to assess the implications of the appearance of the disease; and (iii) unless otherwise instructed by the authority, retain possession of the animal or meat, but keep it separate from other animals or meat; (d) the holder of the accreditation must, when asked by a meat safety officer, produce for inspection— (i) the accreditation; or (ii) a document the holder is required to keep under this Act or a condition of the accreditation; (e) the holder of the accreditation may make changes to premises, vehicles, plant and equipment stated in the accreditation only with the authority’s approval; (f) the holder must comply with the standards.
s 63 27 s 65 Meat Industry Act 1993 63 Accreditation transferable only under standards An accreditation may be transferred only under the standards. 64 Nominee of holder of accreditation (1) The holder of an accreditation may, by written notice to the authority, 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 reference to the title of the office concerned. (3) A document required or permitted to be given under this Act to the holder of the accreditation may be given to the holder’s nominee. (4) An agreement required or permitted to be made under this Act with the holder of the accreditation may be made with the holder’s nominee. (5) A nomination under subsection (1) of a specified officer, or the holder of a specified office, is taken to be the nomination of the person for the time being occupying or acting in the office concerned. 65 Amendment of accreditation (1) In this section— “amendment” of an accreditation includes— (a) an amendment of the approved program of production; and (b) an amendment of the premises, vehicles, plant or equipment stated in the accreditation; and (c) another amendment of the conditions stated in the accreditation, including, for example, an amendment by way of insertion of an additional condition. (2) If the authority considers an accreditation should be amended, the authority must give the holder of the accreditation a written notice (the “show cause notice” ) that— (a) states the reasons for the amendment; and (b) outlines the facts and circumstances forming the basis of the reasons; and
s 66 28 s 66 Meat Industry Act 1993 (c) invites the holder to show cause within a specified time, of not less than 28 days, why the accreditation should not be amended. (3) The authority may amend the accreditation if, after considering all representations made within the specified time, the authority still considers the 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 must give 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 tribunal within 28 days. (5) Subsections (2) to (4) do not apply if the accreditation is to be amended only— (a) by omitting a condition; or (b) for a formal or clerical reason; or (c) in another way that does not adversely affect the holder’s interests; or (d) at the holder’s request. (6) The authority may make an amendment of a type mentioned in subsection (5) by written notice given to the holder. (7) If the authority amends the approved program of production for an accreditation, the program as amended becomes the approved program of production. 66 Notice to return accreditation for alteration (1) The authority may, by written notice, require the holder of an accreditation to return the accreditation to the authority within a specified time, of not less than 14 days, to enable the authority to alter the accreditation to reflect an amendment made under section 65. (2) After altering the accreditation, the authority must return it to the holder.
s 67 29 s 67 Meat Industry Act 1993 (3) The holder of an accreditation must comply with a notice under subsection (1), unless the holder has a reasonable excuse not to comply with it. Maximum penalty—40 penalty units. (4) The amendment of an accreditation under section 65 does not depend on the accreditation being altered under this section. 67 Suspension or cancellation of accreditation (1) Each of the following is a ground for the suspension or cancellation of an accreditation— (a) the accreditation was obtained by incorrect or misleading information or documents or a false or misleading inspection; (b) the holder has not paid fees or other amounts payable to the authority; (c) the holder has contravened a condition of the accreditation; (d) the holder has committed an offence against this Act. (2) If the authority considers a ground exists to suspend or cancel an accreditation (the “action” ), the authority must give the holder of the accreditation 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) outlines the facts and circumstances forming the basis for the grounds; and (d) if the authority proposes to suspend accreditation—states the proposed suspension period; and (e) invites the holder to show cause within a specified time, of not less than 28 days, why the action proposed should not be taken. (3) If, after considering all representations made within the specified time, the authority still considers grounds to take the action exist, the authority may— (a) if the show cause notice was a notice of intention to suspend the accreditation for a specified period—suspend the accreditation for a period not longer than the specified period; or
s 68 30 s 69 Meat Industry Act 1993 (b) if the show cause notice was a notice of intention to cancel the accreditation— (i) cancel the accreditation; or (ii) suspend the accreditation for a period. (4) The authority must inform the holder of the decision by written notice. (5) If the authority decides to suspend or cancel the accreditation, the notice must state— (a) the reasons for the decision; and (b) that the holder may appeal against the decision to the tribunal within 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. 68 Return of suspended or cancelled accreditation (1) If the authority cancels or suspends an accreditation, the authority may, by written notice, require the holder of the accreditation to return the accreditation to the authority within a specified time, of at least 14 days. (2) The holder must comply with the notice, unless the holder has a reasonable excuse not to comply with it. Maximum penalty—40 penalty units. (3) If a suspended accreditation is returned to the authority, the authority must return the accreditation to the holder at the end of the suspension period. 69 Surrender of accreditation (1) The holder of an accreditation may surrender an accreditation by written notice given to the authority. (2) The accreditation must accompany the notice.
s 70 31 s 70 Meat Industry Act 1993 Division 3—Standards 70 Standards (1) The authority may make standards for the purposes of this Act (other than parts 6 and 7). (2) A standard may be made on any of the following subjects— (a) the delivery of animals to, and the handling of animals at, 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 be used 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 meat processing; (h) quality assurance programs for meat processing, including the training, knowledge and experience of persons involved in carrying 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 it must be done; (m) the transport and storage of meat, whether or not as part of meat processing; (n) sanitation, hygiene and the prevention of disease in animals and meat; (o) the marking of animals, meat and packages containing meat; (p) dealing with, and disposal of, condemned meat;
s 71 32 s 74 Meat Industry Act 1993 (q) the powers of meat safety officers in relation to premises, vehicles, plant and equipment used for meat processing authorised 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 engaged in meat processing; (u) any other matter relevant to the wholesomeness or integrity of meat or the interests of the industry. (3) A standard may provide that contravention of a standard is an offence and prescribe a maximum penalty, of not more than 40 penalty units, for the offence. 71 Standard is subordinate legislation A standard is subordinate legislation. 72 Regulations prevail over standards If there is any inconsistency between a regulation and a standard (whether made before or after the regulation), the regulation prevails to the extent of the inconsistency. Division 4—Major meat offences 73 Contravention of conditions of accreditation The holder of an accreditation must not contravene a condition of the accreditation. Maximum penalty—200 penalty units. 74 Unauthorised meat processing (1) A person must not process meat other than under an accreditation. Maximum penalty—
s 75 33 s 76 Meat Industry Act 1993 (a) if the meat processing happens in trade or commerce—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 at premises by or on behalf of the owner of the premises and none of 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 the game is— (i) intended for sale or sold; or (ii) intended for use or used in trade or commerce. 75 Meat substitution (1) A person must not, during meat processing (whether under an accreditation or otherwise), do something to meat— (a) with the intention of deceiving another person about the species of animal the meat is from; or (b) that the person should reasonably know is likely to have the result, or is likely to contribute to the result, of another person being 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 the result is likely to happen. 76 Unlawful adulteration of meat A person must not, during meat processing (whether under an accreditation or otherwise), mix another substance with meat intended for sale or to be used in trade or commerce if—
s 77 34 s 78 Meat Industry Act 1993 (a) the meat is intended for human food and the substance is a substance prescribed under the Food Act 1981 as prohibited generally or for meat for human food; or (b) the mixing of the substance with the meat is prohibited by the standards. Maximum penalty—500 penalty units. 77 Offences 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, an official mark. Maximum penalty—500 penalty units. 78 False 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 transport the meat; or (d) a document about the meat or used in another way likely to lead another person to believe it describes or makes a representation about the meat.
s 79 35 s 81 Meat Industry Act 1993 79 Possession of meat not packed or marked under standards A person must not, in trade or commerce, possess meat packed or marked otherwise than under the standards. Maximum penalty—500 penalty units. 80 Attempts to commit offences (1) A person who attempts to commit an offence against this division commits an offence. Maximum penalty—half the maximum penalty for committing the attempted offence. (2) Section 4 of the Criminal Code applies to the attempt. Division 5—Administration of accreditation provisions and standards 81 General powers of meat safety officer in relation to accredited premises etc. (1) A meat safety officer may, at any time and without notice, enter premises, or enter or board a vehicle, stated in an accreditation. (2) The entry or boarding may be made as part of periodic audit of the accreditation’s approved program of production or otherwise. (3) The meat safety officer may— (a) inspect, examine, photograph or film the premises or vehicle or anything in or on the premises or vehicle; and (b) observe any meat processing taking place in or on the premises or vehicle; and (c) take samples from or of— (i) an animal (whether alive or dead) or meat in or on the premises or vehicle; or (ii) water, food additives or other substances used, or apparently intended to be used, in or in association with meat processing 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 82 36 s 82 Meat Industry Act 1993 (d) mark animals, meat or anything used, or apparently intended to be used, in connection with animals or meat; and (e) take into or onto the premises or vehicle any persons, equipment and materials the officer reasonably requires for exercising powers in relation to the premises or vehicle; and (f) require the holder of the accreditation, or an employee of the holder who is at the premises or on or in the vehicle, to give the officer reasonable assistance in relation to the exercise of the officer’s powers under this Act. (4) A person who is required by a meat safety officer under subsection (3)(f) to give reasonable assistance to the officer must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units. (5) If the assistance is required to be given by a person by answering a question or producing a document, the person is not excused from providing the assistance on the ground the answer or production of the document might tend to incriminate the person. (6) Neither the answer nor the fact the person produced the document is admissible in evidence against the person in a criminal proceeding (other than a proceeding about the falsity of the answer or document) if— (a) before answering the question or producing the document, the person claims that answering the question or producing the document might tend to incriminate the person; and (b) answering the question or producing the document might in fact tend to incriminate the person. (7) Subsection (6) does not apply to a document the holder of the accreditation is required to keep under this Act or a condition of the accreditation. 82 Analysis of samples (1) The authority may cause samples taken by meat safety officers to be analysed. (2) The cost of analysing samples taken from premises or vehicles stated in an accreditation is a debt payable by the holder of the accreditation to the authority.
s 83 37 s 84 Meat Industry Act 1993 (3) A certificate purporting to be given by the authority, and stating the cost of analysing samples taken from specified premises or vehicles, is evidence of the matter. 83 Meat analysis (1) If the authority submits a sample of meat taken by a meat safety officer to an analyst for analysis, the authority must obtain from the analyst a certificate certifying the results of the analysis and give the holder of the accreditation 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) a communication received from an analyst about an analysis made under this Act. Maximum penalty for subsection (3)—40 penalty units. 84 Power to enforce standards for premises, vehicles, plant or equipment (1) If premises, a vehicle, plant or equipment used for meat processing authorised by an accreditation does not comply with the standards, the authority may, by written notice to the holder of the accreditation, require the holder to take specified action within a specified time to comply with the standards. (2) The notice may also prohibit use of the premises, vehicle, plant or equipment for meat processing until it complies with the standards. (3) If premises, a vehicle, plant or equipment used for meat processing authorised by an accreditation is, in the authority’s opinion, inappropriate or no longer appropriate for use in meat processing or a particular use in meat processing, the authority may, by written notice to the holder of the accreditation, prohibit that use of the premises, vehicle, plant or equipment. (4) If the holder of an accreditation contravenes a notice given to the holder under this section, the holder commits an offence. Maximum penalty for subsection (4)—500 penalty units.
s 85 38 s 86 Meat Industry Act 1993 85 Seizure of meat to aid inspection (1) A meat safety officer may seize meat that has been, or that the officer believes on reasonable grounds has been, the subject of meat processing under an accreditation if the officer believes it is necessary to seize the meat to prevent it being dealt with before its wholesomeness and integrity can be decided. (2) If a meat safety officer is later satisfied about the meat’s wholesomeness and integrity, the meat must be immediately released. (3) However, if a meat safety officer is not satisfied, the meat becomes the authority’s property if— (a) its seizure is not the subject of an appeal to the tribunal within 48 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) may be disposed of by the authority in any reasonable way, but, if it is sold, the net proceeds are to be paid to the holder of the accreditation or the meat’s previous owner. 86 Power to condemn meat as unfit for human food (1) If a meat safety officer believes meat inspected by the meat safety officer is inappropriate for human food or does not comply with the standards for human food, the meat safety officer— (a) may, by order, condemn the meat; and (b) must, if the meat is condemned, take the action prescribed by standard for warning that the meat has been condemned. (2) The meat safety officer may agree with the holder of the accreditation not to condemn meat on condition that— (a) within an agreed time, the holder process the meat to make it appropriate for human food or to comply with the standards for human 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.
s 87 39 s 89 Meat Industry Act 1993 87 Power to condemn meat as unfit for human or animal food (1) If a meat safety officer believes meat inspected by the meat safety officer is inappropriate for both human and animal food or does not comply with the standards for human or animal food, the meat safety officer— (a) may, by order, condemn the meat; and (b) must, if the meat is condemned, take the action prescribed by standard for warning that the meat has been condemned. (2) The meat safety officer may agree with the holder of the accreditation not to condemn meat on condition that— (a) within an agreed time, the holder process the meat to make it appropriate for human or animal food or to comply with the standards 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. 88 Disposal of condemned meat (1) If a meat safety officer condemns meat under section 86 or 87, the meat safety officer may order the holder of the accreditation to dispose of the 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. 89 Keeping of meat to enable analysis (1) If, in a meat safety officer’s opinion, an analysis of an animal or meat should be performed to decide whether an order should be made under section 86 or 87, the officer may direct the holder of the accreditation concerned to ensure the meat is kept as directed by the officer. (2) If the direction is not complied with, the holder of the accreditation commits an offence. Maximum penalty for subsection (2)—500 penalty units.
s 90 40 s 92 Meat Industry Act 1993 90 Prohibition on killing etc. diseased animals (1) If a meat safety officer believes an animal killed or intended to be killed in meat processing is diseased, the meat safety officer may order the holder of the accreditation not to use the animal for meat. (2) The order may direct the holder or owner how to dispose of the animal. (3) A person who is given an order under this section must comply with the order. Maximum penalty for subsection (3)—500 penalty units. 91 Power to require segregation of person suffering from infectious disease (1) If a meat safety officer believes a person employed or otherwise taking part in meat processing has an infectious disease, the meat safety officer may order the holder of the accreditation to segregate the person from 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 be adversely affected. (2) The order may specify the extent to which or how the person is to be segregated. (3) The holder of the accreditation must comply with the order. Maximum penalty—200 penalty units. PART 5—ENFORCEMENT MATTERS Division 1—Nature of powers of meat safety officers 92 Powers of meat safety officers under this part (1) The powers given to a meat safety officer under this part are in addition to, and do not limit, the powers given to a meat safety officer under—
s 93 41 s 94 Meat 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 of this part and another provision of this Act, the meat safety officer may exercise the power under either or both provisions. (4) If a meat safety officer may exercise a power under this part and under a condition of an accreditation, the officer may exercise the power under either or both. Division 2—Powers of meat safety officers in relation to places and vehicles 93 Entry of place by meat safety officer A 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 open to the public; or (c) the entry is authorised by a warrant. 94 Warrants (1) A meat safety officer may apply to a magistrate for a warrant for a place. (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 meat safety officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
s 95 42 s 95 Meat Industry Act 1993 Example The magistrate may require additional information supporting the application be given by statutory declaration. (4) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the “evidence” ) that may provide evidence of the commission of an offence against this Act; 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 reasonable assistance 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 the warrant stops having effect. 95 Warrants—applications made otherwise than in person (1) A meat safety officer may apply for a warrant by phone, fax, radio or another form of communication if the meat safety officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the officer’s remote location. (2) Before applying for the warrant, the meat safety officer must prepare an application setting out the grounds on which the warrant is sought. (3) The meat safety officer may apply for the warrant before the application is sworn. (4) If the magistrate issues the warrant and it is reasonably practicable to fax a copy of it to the meat safety officer, the magistrate must immediately fax the copy to the officer.
s 96 43 s 96 Meat Industry Act 1993 (5) If the magistrate issues the warrant but it is not reasonably practicable 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 same terms as the warrant issued by the magistrate; and (ii) write on the warrant form the name of the magistrate and the date and time the magistrate signed the warrant. (6) The facsimile warrant, or the warrant form properly completed by the meat safety officer, is authority for the entry and the exercise of the other powers 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 completed warrant form. (8) The sworn application and any completed warrant form must be sent to 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 power was authorised by a warrant issued under this section; and (b) the warrant is not produced in evidence; the court must assume the exercise of power was not authorised by a warrant, unless the contrary is proved. 96 Entry or boarding of vehicles (1) A meat safety officer may enter or board a vehicle if the officer has reasonable grounds for suspecting—
s 97 44 s 97 Meat Industry Act 1993 (a) the vehicle is being, or has been, used in the commission of an offence against this Act; or (b) the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against this Act. (2) If the vehicle is moving or about to move, the meat safety officer may signal the person in control of the vehicle— (a) to stop the vehicle; or (b) not to move the vehicle. (3) To enable the vehicle to be entered or boarded, the meat safety officer may— (a) act with necessary and reasonable assistance and force; and (b) require the person in control of the vehicle to give reasonable assistance to the officer. (4) A person must not disobey a signal under subsection (2), unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (5) A person must not fail to comply with a requirement under subsection (3)(b), unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (6) It is a reasonable excuse for a person to disobey a signal under subsection (2) if— (a) the person reasonably believes that to obey the signal immediately would have endangered the person or another person; and (b) the person obeys the signal as soon as it is practicable to obey it. 97 Meat safety officer’s general powers in relation to places and vehicles (1) A meat safety officer who enters a place, or enters or boards a vehicle, under this part may— (a) inspect, examine, photograph or film anything in or on the place or vehicle; or (b) search any part of the place or vehicle; or
s 97 45 s 97 Meat 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 the place or vehicle; or (e) take into or onto the place or vehicle any persons, equipment and materials the meat safety officer reasonably requires for exercising any powers in relation to the place or vehicle; or (f) require the occupier of the place, or any person in or on the place or vehicle, to give the officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (e); or (g) if the officer enters or boards a vehicle—require the person in control of the vehicle— (i) to bring the vehicle to a specified place; and (ii) to remain in control of the vehicle at the place for a reasonable time; to enable the officer to exercise the powers mentioned in paragraphs (a) to (e). (2) A person who is required by a meat safety officer under subsection (1)(f) to give reasonable assistance to the officer in relation to the exercise of a power must comply with the requirement, unless the person 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 kept by the person under this Act); it is a reasonable excuse for the person to fail to answer the question, or produce the document, if complying with the requirement might tend to incriminate the person. (4) A person who is required by a meat safety officer under subsection (1)(g) to take action in relation to a vehicle must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—40 penalty units.
s 98 46 s 99 Meat Industry Act 1993 98 Power to seize evidence (1) A meat safety officer who enters a place under this part under the authority of a warrant may seize the evidence for which the warrant was issued. (2) A meat safety officer who enters a place under this part with the consent of the occupier may seize the particular thing for which the entry was made if the officer believes on reasonable grounds the thing is evidence of an offence against this Act. (3) A meat safety officer who enters a place under this part may also seize another thing if the officer believes on reasonable grounds— (a) the thing is evidence of the commission of an offence against this Act; 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 repeating the offence. (4) A meat safety officer who enters or boards a vehicle under this part may— (a) seize a thing in or on the vehicle; or (b) after searching the vehicle—seize the vehicle; if the officer believes on reasonable grounds the thing or vehicle is evidence of the commission of an offence against this Act. 99 Procedure after thing seized (1) As soon as practicable after a thing (including a vehicle) is seized by a meat safety officer under this part, the officer must give a receipt for it to the 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 100 47 Meat Industry Act 1993 s 100 (3) The meat safety officer must allow a person who would be entitled to the 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 at the end of— (a) 6 months; or (b) if a prosecution for an offence involving it is started within 6 months—the prosecution for the offence and any appeal from the prosecution. (5) Despite subsection (4), the meat safety officer must return the seized thing to the person immediately the officer stops being satisfied its retention as evidence is necessary. (6) However, the meat safety officer may retain the seized thing if the officer believes, on reasonable grounds, that its continued retention is necessary to prevent its use in committing an offence against this Act. Division 3—Seizure of unlawfully processed meat 100 Seizing 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, on reasonable grounds, that an offence has been committed 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 Court within 48 hours after its seizure; or (b) if its seizure is the subject of an appeal to a Magistrates Court—the seizure is confirmed.
s 101 48 Meat Industry Act 1993 s 105 101 Where and how to start appeal (1) The appeal may be made to the Magistrates Court nearest where the meat was seized. (2) The appeal is started by— (a) filing a written notice of appeal with the clerk of the court of the Magistrates Court; and (b) giving a copy of the notice to the authority. (3) Without limiting subsection (2)(b), the authority is given a copy of the 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. 102 Hearing procedures In 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. 103 Powers of Magistrates Court on appeal In 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. 104 Appeal to District Court on questions of law only A party aggrieved by the decision of the Magistrates Court may appeal to the District Court, but only on a question of law. 105 Disposal of seized meat (1) Meat that becomes the authority’s property under this division may be disposed of in any reasonable way.
s 106 49 Meat Industry Act 1993 s 106 (2) However, if— (a) the seizure of the meat is the subject of an appeal to a Magistrates Court; 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 officers 106 Power to require name and address (1) A meat safety officer may require a person to state the person’s name and 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 information that leads, the officer to suspect on reasonable grounds the person has just committed an offence against this Act. (2) When making the requirement, the meat safety officer must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse. (3) The meat safety officer may require the person to give evidence of the correctness of the person’s name or address if the officer suspects, on reasonable grounds, that the name or address given is false. (4) A person must comply with a meat safety officer’s requirement under subsection (1) or (3), unless the person has a reasonable excuse for not 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’s name and address on suspicion of the person having committed an offence against this Act; and (b) the person is not proved to have committed the offence.
s 107 50 Meat Industry Act 1993 s 108 107 Power to require information from certain persons (1) This section applies if a meat safety officer suspects, on reasonable grounds— (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 information about the offence. (3) When making the requirement, the meat safety officer must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse. (4) The person must comply with the requirement, unless the person has a 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 if giving the information might tend to incriminate the person. (6) The person does not commit an offence against this section if the information sought by the meat safety officer is not in fact relevant to the offence. 108 Power to require production of documents (1) A meat safety officer may require a person to produce a document required to be kept by the person under this Act to the officer for inspection. (2) The person must produce the document, unless the person has a reasonable excuse for not producing it. Maximum penalty—40 penalty units. (3) The meat safety officer may keep the document to take an extract from it or make a copy of it. (4) The meat safety officer must return the document to the person as soon as practicable after taking the extract or making the copy.
s 109 51 Meat Industry Act 1993 s 110 Division 5—Other enforcement matters 109 Restraining orders (1) The authority may bring a proceeding in the District Court for an order to restrain a person from— (a) continuing or repeating a particular activity; or (b) committing an offence against this Act. (2) The court may make an order under subsection (1)(a) if it is satisfied— (a) the person will commit an offence against this Act if the person continues 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 satisfied the person has been convicted of an offence against this Act on at least 3 separate occasions. (4) If a person contravenes an order under this section, the person commits an offence against this subsection. Maximum penalty for subsection (4)—500 penalty units. 110 False or misleading information (1) A person must not— (a) state anything to a meat safety officer the person knows is false or misleading in a material particular; or (b) omit from a statement made to a meat safety officer anything without which the statement is, to the person’s knowledge, 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 to the person’s knowledge.
s 111 52 Meat Industry Act 1993 s 113 111 False or misleading documents (1) A person must not give the authority or a meat safety officer a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—60 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the authority or meat safety officer of the extent to which the document is false, misleading or incomplete; and (b) gives the correct information to the authority or officer if the person has, or can reasonably obtain, the correct information. 112 Compensation (1) A person may claim compensation from the authority if the person incurs loss or expense because of the exercise or purported exercise of a power under this part. (2) Payment of compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case. 113 Meat 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 particulars of the damage. (2) The notice must be given to the person who appears to the meat safety 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
s 114 53 Meat Industry Act 1993 s 115 (b) ensure the notice is left— (i) in a reasonably secure way; and (ii) in a conspicuous position. 114 Consent to entry (1) This section applies if a meat safety officer intends to seek the consent of an occupier of a place to the entry of the place by the officer under this part. (2) Before seeking the consent, the meat safety officer may inform the occupier that the occupier may refuse to give the consent. (3) If the consent is given, the meat safety officer may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must— (a) state the occupier was informed of the occupier’s right to refuse to give the consent; and (b) state the occupier gave the meat safety officer consent under this part— (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. 115 Evidence of consent (1) This section applies to a proceeding if— (a) it is material for a court to be satisfied of the consent of an occupier of a place to the entry of the place by a meat safety officer under this part; and (b) an acknowledgment under section 114 is not produced in evidence. (2) In a proceeding to which this section applies, the court may assume the occupier did not consent, unless the contrary is proved.
s 116 54 Meat Industry Act 1993 s 118 116 Obstruction of meat safety officers A person must not obstruct a meat safety officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—60 penalty units. 117 Impersonation of meat safety officer A person must not pretend to be a meat safety officer. Maximum penalty—80 penalty units. Division 6—Evidence 118 Evidentiary 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) the authority of a meat safety officer to do anything under this Act; the appointment or authority must be assumed. (3) A signature purporting to be the signature of the chief executive officer or secretary of the authority, the chief meat officer, a meat safety officer or an analyst is evidence of the signature it purports to be. (4) A certificate purporting to be signed by the chief executive officer or secretary and stating any of the following matters is evidence of the matter— (a) a specified document is— (i) an accreditation or a copy of an accreditation; or (ii) an order, direction or decision, or a copy of an order, 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;
s 119 55 Meat Industry Act 1993 s 119 (b) on a specified day, or throughout a specified period, a specified person was or was not the holder of an accreditation or a specified accreditation; (c) a specified accreditation was or was not in force on a specified day 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) on a specified day, a specified person was given a specified notice, order or direction under this Act; (f) a specified fee or other amount is payable by a specified person to the authority and has not been paid. (5) A certificate purporting to be signed by an analyst, and stating— (a) the analyst received from a specified person the sample mentioned in the certificate; and (b) the analyst analysed the sample on a specified day and at a specified place; and (c) the results of the analysis; is evidence of the matter stated in the certificate. 119 Conduct of executive officers, employees and agents (1) In this section— “engaging” in conduct includes failing to engage in conduct. “representative” means— (a) in relation to a corporation—an executive officer, employee or agent of the corporation; or (b) in relation to an individual—an employee or agent of the individual. “state of mind” of a person includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose.
s 120 56 Meat Industry Act 1993 s 120 (2) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a corporation about particular conduct, it is sufficient to show— (a) the conduct was engaged in by a representative of the corporation within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (3) Conduct engaged in on behalf of a corporation by a representative of the corporation within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been engaged in also by the corporation unless the corporation establishes it took reasonable precautions and exercised proper diligence to avoid the conduct. (4) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of an individual about particular conduct, it is sufficient to show— (a) the conduct was engaged in by a representative of the individual within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (5) Conduct engaged in on behalf of an individual by a representative of the individual within the scope of the representative’s actual or apparent authority is taken, in a proceeding for an offence against this Act, to have been engaged in also by the individual unless the individual establishes the individual took reasonable precautions and exercised proper diligence to avoid the conduct. PART 6—ADMINISTRATIVE APPEALS Division 1—The Meat Industry Tribunal 120 Establishment of tribunal The Meat Industry Tribunal is established.
s 121 57 Meat Industry Act 1993 s 121 121 Composition of tribunal (1) The tribunal is to consist of 3 members appointed by the Governor in Council 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 experience of the industry. (2) A person is not eligible to be appointed as a member of the tribunal if the person is a member of— (a) the Legislative Assembly, or of any House of Parliament of the Commonwealth, 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 term stated in the member’s instrument of appointment. (4) The office of a member of the tribunal becomes vacant if the member— (a) resigns by signed notice to the Minister; or (b) is absent from 3 consecutive sittings of the tribunal without the chairperson’s or Minister’s leave and without reasonable excuse; or (c) is convicted of an indictable offence or an offence against this Act; or (d) becomes employed by, or a contractor of, the authority; or (e) is removed from office by the Governor in Council under subsection (5). (5) The Governor in Council may remove a member of the tribunal from office if the member— (a) engages in misbehaviour; or (b) becomes incapable of performing the duties of a member because of physical or mental incapacity; or (c) is incompetent; or (d) becomes a person who, because of subsection (2), would not be eligible to be appointed as a member of the tribunal; or (e) uses the office for party political purposes.
s 122 58 Meat Industry Act 1993 s 126 (6) The Governor in Council may appoint a person to act as a member of the 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 unable for any reason to perform the duties of the office. 122 Remuneration of members A member of the tribunal is entitled to be paid the salary, fees and allowances decided by the Governor in Council. 123 Secretary and staff The tribunal is to have a secretary and the other staff necessary for the proper performance of its functions. 124 Expenses of tribunal The authority must meet all expenses (including salaries, fees and allowances payable to members of the tribunal) properly incurred by the tribunal. Division 2—Proceedings of tribunal 125 Time and place of proceedings The tribunal is to sit at the times and places the chairperson decides. 126 Decisions of tribunal (1) The tribunal may be formed for the purpose of hearing an appeal by the chairperson and 1 or 2 other members. (2) If the tribunal is formed by 3 members, a decision in which a majority of the members agree is a decision of the tribunal. (3) If the tribunal is formed by 2 members, the decision of the chairperson is to be the decision of the tribunal if there is a disagreement.
s 127 59 Meat Industry Act 1993 s 129 127 Evidence and procedure (1) The tribunal is not bound by the rules of evidence and may inform itself in any way it considers appropriate, but must observe natural justice. (2) Subject to any procedural rules prescribed by regulation, the tribunal may decide its own procedures. (2A) In deciding an appeal, the tribunal is unaffected by the decision appealed against. (3) A party to an appeal may appear personally or by an agent before the tribunal but may be represented by counsel or a solicitor only with leave of the tribunal or the chairperson. (4) The tribunal, formed by the chairperson alone, may conduct a preliminary hearing of an appeal to decide interlocutory and other preliminary matters. (5) In a preliminary hearing, the tribunal may— (a) make orders for the conduct of the appeal; or (b) require parties to make discovery or permit inspection of evidentiary 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. 128 Costs (1) Each party in an appeal bears the party’s own costs of the appeal. (2) However, if the tribunal strikes out an appeal under section 127(5)(e), the tribunal may order the appellant to pay to the authority the amount the tribunal considers to be the cost to the authority of the expenses of the tribunal for the appeal. (3) The amount may be recovered by the authority as a debt payable to the authority by the appellant. 129 Powers in relation to witnesses etc. (1) The chairperson, or a person who has the chairperson’s written authority, may, by written notice given to a person, require the person to
s 130 60 Meat Industry Act 1993 s 130 appear before the tribunal at a specified time and place to give evidence or to produce specified documents. (2) The chairperson, or a person authorised by the chairperson, may administer an oath or affirmation to a person appearing as a witness before the 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 excused from 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 the chairperson; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the chairperson; or (c) fail, without reasonable excuse, to produce a document the person 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 to produce a document if answering the question or producing the document might tend to incriminate the person. (6) A person required to appear as a witness before the tribunal is entitled to the witness fees prescribed by regulation or, if no witness fees are prescribed, the witness fees decided by the chairperson. Division 3—Jurisdiction of tribunal 130 Appeals to tribunal (1) A person aggrieved by an order, direction, requirement or other decision of the authority or a meat safety officer may appeal against the decision 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;
s 131 61 Meat Industry Act 1993 s 132 (c) the decision will cause severe and unjustified financial hardship to the appellant. (2) However, the following decisions can not be appealed against— (a) a decision of the authority about making, amending or repealing a standard; (b) a decision of the authority about its policy; (c) a decision of the authority about starting or continuing a prosecution against a person for an offence against this Act; (d) a decision made in relation to an employee of the authority in the person’s capacity as an employee; (e) a decision of a meat safety officer that is, by regulation, the subject of administrative review by the authority or an officer of the authority; (f) a requirement or other decision of a meat safety officer under part 5. (3) In this section, a reference to a decision includes a reference to a failure to make a decision. 131 How to start an appeal (1) An appeal is started by filing a written notice of appeal with the tribunal. (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 appellant receives notice of the decision appealed against. (4) The tribunal may at any time extend the period for filing the notice of appeal. (5) The tribunal must give a copy of the notice to the authority. 132 Stay of operation of decisions etc. (1) The tribunal has power to stay a decision appealed against for the purpose of securing the effectiveness of the appeal.
s 133 62 Meat Industry Act 1993 s 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 the time when the tribunal decides the appeal. (4) An appeal against a decision does not affect the decision unless it is stayed. 133 Powers 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 or meat safety officer with directions the tribunal considers appropriate. (2) In substituting another decision, the tribunal has the same powers as the authority or meat safety officer. Example The tribunal may decide that an unsuccessful applicant for an accreditation be granted the accreditation and state specified conditions in the accreditation. (3) If the tribunal substitutes another decision the substituted decision is taken, for the purposes of this Act, to be the decision of the authority or meat safety officer.
s 134 63 Meat Industry Act 1993 s 136 PART 7—QUEENSLAND ABATTOIR CORPORATION Division 1—Establishment of abattoir corporation 134 Establishment The Queensland Abattoir Corporation is established. 135 Abattoir 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 corporation 136 Functions (1) The abattoir corporation’s primary function is to operate meat processing 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 associated facilities, 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 trade in livestock, meat and other meat processing products; and (e) to advise the Minister on issues affecting the corporation, either on the corporation’s own initiative or if asked by the Minister. (3) The abattoir corporation may trade in livestock and meat only with the Minister’s written approval.
s 137 64 Meat Industry Act 1993 s 137 (4) An approval under subsection (3) may be given on conditions. (5) The abattoir corporation must perform its functions on a commercial basis. (6) Parts 4 and 5 apply to the abattoir corporation in the same way as they apply to any other person who operates meat processing and associated facilities. 137 General powers (1) The abattoir corporation has, for or in connection with the performance 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) construct and acquire meat processing facilities, and start to operate, or stop operating, meat processing facilities; and (f) make arrangements for another person to supply meat processing services 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) do other things necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the abattoir corporation has the powers given to it under this or another Act. (3) The abattoir corporation may exercise its powers inside and outside Queensland. (4) Without limiting subsection (3), the abattoir corporation may exercise its powers outside Australia.
s 137A 65 Meat Industry Act 1993 s 138 137A Other powers with Minister’s approval (1) The abattoir corporation may terminate or dispose of all or part of its businesses, and may deal with or dispose of any of its property, in the way the 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 disposal of all or part of the abattoir corporation’s business. 3. Giving consent, as owner, to an application, under the Integrated Planning Act 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 in the approval. (4) To remove any doubt, it is declared that subsection (3) does not limit the performance of the corporation’s functions under section 136 or the exercise of its powers under section 137. (5) An exercise of the corporation’s power contrary to subsection (3) is of no effect. (6) The chief executive must publish notice of the Minister’s approval in the gazette within 14 days after the approval is given. (7) The Minister must table the notice in the Legislative Assembly within 14 sitting days after the approval is given. (8) Failure to comply with subsection (6) or (7) does not affect the validity of the approval or anything done under the approval. 138 Delegation The abattoir corporation may delegate its powers, other than a power under section 137A, to an abattoir corporation committee, member or employee.
s 139 66 Meat Industry Act 1993 s 141 Division 3—Reserve powers of Minister 139 Reserve power of Minister to notify abattoir corporation of public sector policies (1) The Minister may give the abattoir corporation written notice of a public sector policy that is to apply to the corporation if the Minister is satisfied 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 out the policy would not be in its commercial interest. (4) The Minister must cause a copy of the notice to be gazetted within 21 days after it is given. 140 Reserve power of Minister to give directions in public interest (1) The Minister may give the abattoir corporation a written direction if the Minister is satisfied it is necessary to give the direction in the public interest 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, complying with the direction would not be in its commercial interest. (4) The Minister must cause a copy of the direction to be gazetted within 21 days after it is given. 141 Additional matters to be included in annual report Each annual report of the abattoir corporation must include particulars of the impact on its financial position, profits and losses and prospects of any notices and directions given to it by the Minister under this division that relate to the relevant financial year.
s 142 67 Meat Industry Act 1993 s 143 Division 4—Membership of abattoir corporation 142 Composition 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) 1 person with expertise in industrial relations, marketing or business management; (e) 1 person with expertise in financial management or business administration. (2) The chief executive officer is to be appointed on the nomination of the abattoir corporation. (3) The chairperson, chief executive officer and other members of the abattoir corporation are to be appointed by the Governor in Council. (4) The Governor in Council may appoint a person to act as a member of the abattoir corporation (other than the chief executive officer) during any period, or all periods, when the member is absent or unable for any reason to perform the duties of the office. 143 Chief executive officer (1) The chief executive officer of the abattoir corporation holds office on the terms of appointment decided by the corporation. (2) The chief executive officer may resign by signed notice to the chairperson of the abattoir corporation. (3) The abattoir corporation may, at any time, terminate the appointment of the chief executive officer for any reason or none. (4) The termination of the appointment of the chief executive officer under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the terms of the chief executive officer’s appointment. (5) The abattoir corporation may appoint a person to act as chief executive officer during—
s 146 68 Meat Industry Act 1993 s 146 (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the chief executive officer is absent from duty or is, for another reason, unable to perform the functions of the office. 146 Duration of appointment (1) A member of the abattoir corporation (other than the chief executive officer) 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 if the member— (a) in the case of a member other than the chief executive officer—resigns by signed notice to the Minister; or (b) is absent from 3 consecutive meetings of the abattoir corporation without the corporation’s leave and without reasonable excuse; or (c) is convicted of an indictable offence or an offence against this Act; or (d) becomes employed by, or a contractor of, the corporation; or (e) is removed from office by the Governor in Council under subsection (3) or (4). (3) The Governor in Council may remove a member from office if the member— (a) engages in misbehaviour; or (b) becomes incapable of performing the duties of a member because 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 used for party political purposes; or (f) does anything else that, in the Governor in Council’s opinion, is a reasonable and sufficient justification for removal from office. (4) The Governor in Council may remove all or any members of the abattoir corporation from office if the abattoir corporation—
s 147 69 Meat Industry Act 1993 s 149 (a) does not carry out a policy notified under section 139 or comply with a direction given under section 140; or (b) does not comply with its obligations under this Act or the Financial Administration and Audit Act 1977 for the preparation and submission of reports and plans; or (c) uses its funds or reputation for party political purposes. 147 Fees and allowances etc. The members of the abattoir corporation (other than the chief executive officer) are entitled to be paid by the corporation the fees and allowances decided by the Governor in Council. Division 5—Plans and reports 148 Strategic plans (1) The abattoir corporation must in each financial year submit to the Minister— (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) proposed trading activities to be undertaken under section 136(2)(c). (3) The abattoir corporation must not start to carry out new activities specified in a strategic plan or an operational plan without the Minister’s approval of the plan. 149 Quarterly reports (1) The abattoir corporation must give to the Minister a report on its operations 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 150 70 Meat Industry Act 1993 s 152 (b) if another period after the end of the quarter is agreed between the abattoir corporation and the Minister—within the agreed period. (3) A quarterly report must include information on the progress of the abattoir corporation in achieving financial and other performance targets included in its current operational plan. 150 Deletion of commercially sensitive matters from annual report (1) If the abattoir corporation asks the Minister to delete from copies of an annual report of the corporation (and accompanying documents) that are to be made public a matter of a commercially sensitive nature, the Minister may delete the matter from the copies of the annual report (and accompanying documents) laid before the Legislative Assembly or otherwise made public. (2) This section has effect despite anything in the Financial Administration and Audit Act 1977 . Division 6—Proceedings of abattoir corporation 151 Time and place of meetings (1) Meetings of the abattoir corporation are to be held at the times and places it decides. (2) However, the abattoir corporation must meet at least once every 2 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. 152 Procedures governing conduct of proceedings (1) The chairperson is to preside at all meetings at which the chairperson is present. (2) If the chairperson is absent, the member chosen by the members present is to preside. (3) At a meeting of the abattoir corporation—
s 153 71 Meat Industry Act 1993 s 153 (a) more than half the members form a quorum; and (b) a question is to be decided by a majority of the votes of the members present and voting; and (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. (4) The abattoir corporation may conduct its proceedings (including its meetings) as it considers appropriate. (5) The abattoir corporation may hold meetings, or permit members to take part in meetings, by telephone, closed-circuit television or another form of communication. (6) A member who takes part in a meeting of the abattoir corporation under permission under subsection (5) is taken to be present at the meeting. (7) If— (a) all members of the abattoir corporation agree, in writing, to a proposed resolution; and (b) notice of the proposed resolution was given under procedures approved by the corporation; the resolution is a valid resolution of the corporation, even though it was not passed at a meeting of the corporation. 153 Disclosure 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 issue being considered, or about to be considered, by the corporation; and (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue. (2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the abattoir corporation. (3) The disclosure must be recorded in the abattoir corporation’s minutes and, unless the corporation otherwise decides, the member must not—
s 154 72 Meat Industry Act 1993 s 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 the issue must not— (a) be present when the abattoir corporation is considering its decision under subsection (3); or (b) take part in making the decision. 154 Minutes The abattoir corporation must keep minutes of its proceedings. Division 7—Staff 155 Staff generally (1) The abattoir corporation may engage the employees it considers necessary to perform its functions. (2) The terms of employment of the abattoir corporation’s employees are to be decided by it. (3) However, subsection (2) has effect subject to any relevant industrial award or agreement. 156 Secretary (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 corporation 157 Superannuation schemes (1) The abattoir corporation may— (a) establish or amend superannuation schemes; or
s 158 73 Meat Industry Act 1993 s 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 the Financial Administration and Audit Act 1977 , part 6. 2 (4) A person who, immediately before becoming an employee of the abattoir corporation, was a contributor to the State service superannuation fund, or a member of the State public sector superannuation scheme, continues to be a contributor or member. (5) If the abattoir corporation establishes, joins in establishing or takes part in a scheme mentioned in subsection (1), (the “authority’s scheme” ), a person to whom subsection (4) applies may, under arrangements prescribed by regulation, stop being a contributor or member and become a member of the corporation’s scheme. 158 Seal Judicial notice must be taken of the imprint of the abattoir corporation’s seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved. 159 Committees (1) The abattoir corporation may establish committees to assist or advise 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) A member of a committee is entitled to be paid by the abattoir corporation the fees and allowances decided by the corporation. 2 Financial Administration and Audit Act 1977 , part 6 (Audit of consolidated fund and public sector entities)
s 160 74 Meat Industry Act 1993 s 162 160 Application of certain Acts (1) The abattoir corporation is— (a) a unit of public administration under the Crime and Misconduct Act 2001 ; and (b) an agency under the Equal Opportunity in Public Employment Act 1992 ; and (c) a statutory body under the Financial Administration and Audit Act 1977 ; and (d) a public authority under the Public Records Act 2002 ; and (e) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the abattoir corporation’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 , including, for example, section 137(3) and (4) of this Act. 161 Ombudsman Act 2001 does not apply to certain decisions (1) The Ombudsman Act 2001 does not apply to— (a) a decision about the abattoir corporation’s commercial policy; or (b) the abattoir corporation in relation to its competitive commercial activities. (2) In this section— “competitive commercial activity” means an activity carried on, on a commercial 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. 162 Public Service Act does not apply The Public Service Act 1996 does not apply to the abattoir corporation or its employees.
s 162G 75 Meat Industry Act 1993 s 162I PART 7B—ADMINISTRATION AND WINDING–UP OF ABATTOIR CORPORATION 162G Effect of part on pt 7 This part— (a) applies despite part 7; and (b) changes the way part 7 operates. 162H Appointment of administrator (1) The Governor in Council may, by gazette notice, appoint as administrator of the abattoir corporation (the “administrator” ) a person the Minister considers has appropriate qualifications and experience to be the administrator. (2) The administrator is to be appointed for the term, and on the conditions 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 of section 146(2) or (3), or 162N(1)(c) 3 —ceases holding office when the term of the appointment ends or, if an earlier day is specified by the chief executive by gazette notice as the day the purpose of the administration ends, on the earlier day. 162I Abattoir corporation members go out of office (1) On the appointment of the administrator, the members of the abattoir corporation go out of office. (2) No compensation is payable to a member of the corporation because of subsection (1). 3 Section 146 (Duration of appointment)
s 162J 76 Meat Industry Act 1993 s 162L 162J Administrator is abattoir corporation (1) For all purposes of this Act, the administrator is the abattoir corporation. (2) Subject to subsection (3), part 7, divisions 4 and 6 4 do not apply to the administrator. (3) Section 146(2)(a) and (c) to (e) and (3) and section 147 apply to the administrator as if the administrator were a member of the corporation. 162K Additional functions of administrator (1) The administrator has each of the following additional functions— (a) to implement a program of structural change to the abattoir corporation’s resources and functions; (b) to give the Minister a quarterly report on the corporation’s financial position, the functions of the corporation, and anything else the Minister requires the administrator to include in the report; (c) to give the Minister a final report on the administration, including details of any directions given by the Minister to the administrator; (d) if the Minister directs the administrator to wind-up the abattoir corporation— (i) to wind-up the abattoir corporation; and (ii) to give the Minister a report on the winding-up at any time the Minister requires. (2) The Minister must table the administrator’s final report in the Legislative 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 convenient to be done for winding-up the abattoir corporation. (2) Without limiting subsection (1), the administrator— 4 Part 7, divisions 4 (Membership of abattoir corporation) and 6 (Proceedings of abattoir corporation)
s 162M 77 Meat Industry Act 1993 s 162N (a) has control of the abattoir corporation’s businesses, property and affairs; 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) To remove any doubt, it is declared that part 7 does not limit the administrator’s powers. 162M Completion of winding-up (1) This section applies if the Minister directs the administrator to wind-up the abattoir corporation. (2) On completion of the winding-up— (a) the net proceeds of the winding-up must be paid to the abattoir corporation; or (b) if there are no net proceeds but there are debts arising from the winding-up—the debts remain debts of the abattoir corporation. (3) Within 14 days after completion of the winding-up, the administrator must give to the Minister— (a) a report on the winding-up; and (b) any other information or documents the Minister requests to fully explain the winding-up to the satisfaction of the Minister. (4) The Minister must table a copy of the report in the Legislative Assembly 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 there are no net proceeds but there are debts arising from the winding-up, the debts become debts of the State; and (b) any other liability of the abattoir corporation becomes a liability of the State; and (c) the abattoir corporation is dissolved; and
s 162O 78 Meat Industry Act 1993 s 164 (d) the administrator— (i) ceases to hold office; and (ii) is, in the absence of fraud or dishonesty, released from any further liability to account for the administration of the abattoir corporation’s affairs or the winding-up. (2) In subsection (1)— “dissolution day” means the day the Minister, by gazette notice, notifies as the dissolution day for this section. 162O Proceedings by or against abattoir corporation (1) A proceeding by or against the abattoir corporation that has not been finished before the dissolution day under section 162N may be continued and finished by or against the State. (2) If, because of an event that happened before the dissolution day, a proceeding could have been started by or against the abattoir corporation, it may be started by or against the State. PART 8—MISCELLANEOUS 164 Protection from liability (1) In this section— “official” means— (a) the chief meat officer; and (b) a meat safety officer; and (c) a person acting under the direction of the authority, the chief meat officer or a meat safety officer. (2) An official does not incur civil liability for an act or omission done honestly and without negligence under this Act. (3) A liability that would, apart from this section, attach to an official attaches instead to the authority.
s 165 79 Meat Industry Act 1993 s 166A 165 Offences are summary offences An offence against this Act is a summary offence. 166 Regulations (1) The Governor in Council may make regulations for the purposes of this 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) offences for contravention of a regulation and the maximum penalties, of not more than 40 penalty units, for the offences. PART 8A—TRANSITIONAL PROVISIONS FOR FOOD PRODUCTION (SAFETY) ACT 2000 166A Safe Food taken to be the authority (1) On the commencement of this section, Safe Food stands in the place of the former Queensland Livestock and Meat Authority for all purposes of this Act. (2) A reference in this Act, another Act or a document, to the authority must, if the context permits, be taken to be a reference to Safe Food. (3) In this section— “Safe Food” means Safe Food Production QLD established under the Food Production (Safety) Act 2000 .
s 166B 80 Meat Industry Act 1993 s 166B 166B Administrator 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 administrator under part 7A is taken to have continued to be the authority from the expiry of the part. (3) The administrator must, within 28 days after the commencement of this section, give the Minister a final report on the administration, including details of any directions given by the Minister to the administrator. (4) The Minister must table the report in the Legislative Assembly within 14 sitting days after receiving it. 5 Part 7A (Authority administrator) expired on 5 December 1999.
81 Meat Industry Act 1993 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2003. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered
82 Meat Industry Act 1993 4 Table of earlier reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of earlier reprints, see the latest reprint. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF EARLIER REPRINTS Reprint No. 1 1A 1B 2 2A 2B 2C 2D 3 3A 3B 3C Amendments included none to Act No. 57 of 1995 to Act No. 59 of 1996 to Act No. 59 of 1996 to Act No. 50 of 1998 to Act No. 45 of 1999 to Act No. 88 of 1999 to Act No. 45 of 2000 to Act No. 45 of 2001 to Act No. 63 of 2001 to Act No. 73 of 2001 to Act No. 73 of 2001 3D to Act No. 11 of 2002 3E to Act No. 49 of 2002 Effective 1 January 1994 28 November 1995 30 June 1997 5 December 1997 27 November 1998 17 September 1999 21 December 1999 25 October 2000 15 July 2001 25 October 2001 3 December 2001 1 January 2002 1 July 2002 24 September 2002 Reprint date 6 January 1994 29 July 1996 11 July 1997 2 October 1998 2 December 1998 12 October 1999 20 January 2000 9 November 2000 31 July 2001 8 November 2001 14 December 2001 15 January 2002 (Column discontinued) Notes 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Corrected minor errors Reprint No. 1 6 List of legislation Meat Industry Act 1993 No. 56 date of assent 25 October 1993 pts 3–10 (other than ss 31–32, 144–145) commenced 1 January 1994 (1993 SL No. 474) remaining provisions commenced on date of assent rep 2000 No. 45 s 145(1) (as amd 2002 No. 49 s 28)) amending legislation—
83 Meat Industry Act 1993 Statutory Authorities Superannuation Legislation Amendment Act 1995 No. 36 ss 1–2, 9 sch 2 date of assent 16 June 1995 commenced on date of assent Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Primary Industries Legislation Amendment Act (No. 2) 1996 No. 59 pts 1, 8 date of assent 5 December 1996 ss 1–2 commenced on date of assent s 48 commenced 30 June 1997 (1997 SL No. 106) s 57 commenced 5 December 1997 (automatic commencement under AIA s 15DA(2)) remaining provisions commenced 2 May 1997 (1997 SL No. 106) Primary Industries Legislation Amendment Act 1998 No. 50 pts 1, 7 date of assent 27 November 1998 commenced on date of assent Primary Industries Legislation Amendment Act 1999 No. 45 ss 1, 2(4) pt 7 date of assent 17 September 1999 commenced on date of assent (see s 2(4)) Primary Industry Bodies Reform Act 1999 No. 88 ss 1–2(1) pt 9 date of assent 21 December 1999 commenced on date of assent (see s 2(1)) Food Production (Safety) Act 2000 No. 45 s 1 pt 12 div 3 date of assent 25 October 2000 commenced on date of assent Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Primary Industries Legislation Amendment Act 2001 No. 63 s 1, pt 5, s 58 sch date of assent 25 October 2001 commenced on date of assent
84 Meat Industry Act 1993 Crime and Misconduct Act 2001 No. 69 ss 1–2, 378 sch 1 date of assent 8 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 221) Ombudsman Act 2001 No. 73 ss 1–2, 96 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 3 December 2001 (2001 SL No. 224) Public Records Act 2002 No. 11 ss 1, 2(2), 62 sch 1 date of assent 24 April 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2002 (2002 SL No. 115) Primary Industries Legislation Amendment Act 2002 No. 49 s 1, pt 8 date of assent 24 September 2002 commenced on date of assent 7 List of annotations Commencement s 2 om 2001 No. 63 s 58 sch Main objective s 3 amd 1996 No. 59 s 44 sub 2000 No. 45 s 145 Definitions s 4 def “authority” sub 2000 No. 45 s 146 def “chief meat officer” ins 1998 No. 50 s 26 def “Policy Council” om 1996 No. 59 s 45 PART 2—MINISTERIAL ADVISORY BODIES pt hdg sub 1996 No. 59 s 46 om 2000 No. 45 s 147 Minister may establish advisory bodies s 17 sub 1996 No. 59 s 46 om 2000 No. 45 s 147 Functions s 18 om 1996 No. 59 s 46 Composition s 19 om 1996 No. 59 s 46 Meetings s 20 om 1996 No. 59 s 46 Committees s 21 om 1996 No. 59 s 46
85 Meat Industry Act 1993 PART 3—THE QUEENSLAND LIVESTOCK AND MEAT AUTHORITY Division 1—Establishment of authority div 1 (ss 22–23) om 2000 No. 45 s 148 Division 2—Functions and powers of authority Functions s 24 amd 1996 No. 59 s 47; 2000 No. 45 s 149 Division 3—Reserve powers of Minister div hdg om 2000 No. 45 s 150 Reserve power of Minister to notify authority of public sector policies s 27 om 2000 No. 45 s 150 Reserve power of Minister to give directions in public interest s 28 om 2000 No. 45 s 150 Additional matters to be included in annual report s 29 om 2000 No. 45 s 150 Division 4—Membership of authority div hdg om 2000 No. 45 s 150 Composition of authority s 30 amd 1996 No. 59 s 48 om 2000 No. 45 s 150 Selection committee s 31 om 1996 No. 59 s 49 Selection of members for appointment s 32 om 1996 No. 59 s 49 Duration of appointment s 33 amd 1996 No. 59 s 50 om 2000 No. 45 s 150 Fees and allowances s 34 om 2000 No. 45 s 150 Division 5—Proceedings of authority div hdg om 2000 No. 45 s 150 Time and place of meetings s 35 amd 1996 No. 59 s 51 om 2000 No. 45 s 150 Procedures governing conduct of proceedings s 36 amd 1996 No. 59 s 52 om 2000 No. 45 s 150 Disclosure of interests s 37 om 2000 No. 45 s 150 Minutes s 38 om 2000 No. 45 s 150
86 Meat Industry Act 1993 Division 6—Chief meat officer div hdg sub 2000 No. 45 s 151 Staff generally s 39 om 2000 No. 45 s 152 Chief executive officer and secretary s 40 amd 1996 No. 59 s 53 om 2000 No. 45 s 152 Chief meat officer s 41 amd 2000 No. 45 s 153 Acting chief meat officer s 42 om 2000 No. 45 s 154 Superannuation schemes s 43 amd 1995 No. 36 s 9 sch 2 om 2000 No. 45 s 155 Seal s 44 om 2000 No. 45 s 155 Committees s 45 om 2000 No. 45 s 155 Application of certain Acts s 46 amd 1996 No. 54 s 9 sch; 2001 No. 69 s 378 sch 1; 2002 No. 11 s 62 sch 1 Parliamentary Commissioner Act 1974 not to apply to certain decisions s 47 om 2000 No. 45 s 156 Decision on application for accreditation s 56 amd 2001 No. 63 s 22 Granting of accreditation s 58 amd 2001 No. 63 s 22 Notice to return accreditation for alteration s 66 amd 2001 No. 63 s 22 Standards s 70 amd 2000 No. 45 s 157 Standard is subordinate legislation s 71 sub 1998 No. 50 s 27 Attempts to commit offences s 80 amd 2001 No. 63 s 22 Disposal of condemned meat s 88 amd 2001 No. 63 s 22 Keeping of meat to enable analysis s 89 amd 2001 No. 63 s 22 Seizing of meat s 100 amd 2001 No. 63 s 22
87 Meat Industry Act 1993 Hearing procedures s 102 amd 1995 No. 57 s 4 sch 1 Appeal to District Court on questions of law only s 104 amd 1998 No. 50 s 28 Restraining orders s 109 amd 1998 No. 50 s 29 Consent to entry s 114 amd 2001 No. 63 s 22 Evidence of consent s 115 amd 2001 No. 63 s 22 Evidence and procedure s 127 amd 1999 No. 45 s 44 Appeals to tribunal s 130 amd 1999 No. 45 s 45; 2001 No. 63 s 22 How to start an appeal s 131 sub 1999 No. 45 s 46 Abattoir corporation is a body corporate etc. s 135 amd 2001 No. 45 s 29 sch 3 Other powers with Minister’s approval s 137A ins 1999 No. 88 s 111 Delegation s 138 amd 1999 No. 88 s 112 Composition of abattoir corporation s 142 amd 1996 No. 59 s 54 Selection committee s 144 om 1996 No. 59 s 55 Selection of members for appointment s 145 om 1996 No. 59 s 55 Duration of appointment s 146 amd 1996 No. 59 s 56; 2001 No. 63 s 22 Superannuation schemes s 157 amd 1995 No. 36 s 9 sch 2 Application of certain Acts s 160 amd 1996 No. 54 s 9 sch; 2001 No. 69 s 378 sch 1; 2002 No. 11 s 62 sch 1 Ombudsman Act 2001 does not apply to certain decisions prov hdg amd 2001 No. 73 s 96 sch 1 s 161 amd 2001 No. 73 s 96 sch 1 Public Service Act does not apply s 162 sub 1998 No. 50 s 30
88 Meat Industry Act 1993 PART 7A—AUTHORITY ADMINISTRATOR pt hdg ins 1996 No. 59 s 57 sub 1999 No. 88 s 113 exp 5 December 1999 (see s 162F) Effect of part on pt 3 s 162A ins 1996 No. 59 s 57 exp 5 December 1999 (see s 162F) Appointment of administrator s 162B ins 1996 No. 59 s 57 exp 5 December 1999 (see s 162F) Authority members stop holding office s 162C ins 1996 No. 59 s 57 exp 5 December 1999 (see s 162F) Administrator is authority s 162D ins 1996 No. 59 s 57 exp 5 December 1999 (see s 162F) Additional functions of administrator s 162E ins 1996 No. 59 s 57 exp 5 December 1999 (see s 162F) Expiry s 162F ins 1996 No. 59 s 57 exp 5 December 1999 (see s 162F) PART 7B—ADMINISTRATION AND WINDING–UP OF ABATTOIR CORPORATION pt hdg ins 1999 No. 88 s 114 sub 2001 No. 63 s 17 Effect of part on pt 7 162G ins 1999 No. 88 s 114 Appointment of administrator 162H ins 1999 No. 88 s 114 amd 2001 No. 63 s 18 Abattoir corporation members go out of office 162I ins 1999 No. 88 s 114 Administrator is abattoir corporation 162J ins 1999 No. 88 s 114 Additional functions of administrato r 162K ins 1999 No. 88 s 114 amd 2001 No. 63 ss 19, 58 sch Administrator’s powers s 162L ins 2001 No. 63 s 20 Completion of winding-up s 162M ins 2001 No. 63 s 20
89 Meat Industry Act 1993 Dissolution of abattoir corporation s 162N ins 2001 No. 63 s 20 amd 2002 No. 49 s 34 Proceedings by or against abattoir corporation s 162O ins 2002 No. 49 s 35 PART 8—MISCELLANEOUS Review of Act s 163 om 2000 No. 45 s 158 PART 8A—TRANSITIONAL PROVISIONS FOR FOOD PRODUCTION (SAFETY) ACT 2000 pt 8A (ss 166A–166B) ins 2000 No. 45 s 159 PART 9—EXPIRY pt hdg sub 1998 No. 50 s 31 om 2002 No. 49 s 36 Expiry of Act s 167 prev s 167 exp 1 January 1995 (see s 167(2)) pres s 167 ins 1998 No. 50 s 31 amd 2000 No. 45 s 160; 2001 No. 63 s 21 Continuation 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 bodies s 169 exp 1 July 1994 (see s 169(2)) Pending legal proceedings s 170 exp 1 July 1994 (see s 170(2)) Existing staff s 171 exp 1 July 1994 (see s 171(4)) Provision for certain other officers s 172 exp 1 July 1994 (see s 172(5)) Existing superannuation arrangements and schemes s 173 exp 1 July 1994 (see s 173(2)) Existing approvals etc. s 174 exp 1 January 1995 (see s 174(6)) Meat processing by Abattoir Corporation s 175 exp 1 January 1995 (see s 175(5)) Meat Inspectors s 176 exp 1 July 1994 (see s 176(3)) Issue of accreditation without formal application s 177 exp 1 January 1995 (see s 177(3)) Existing orders etc. s 178 exp 1 January 1994 (see s 178(2))
90 Meat Industry Act 1993 Existing regulations s 179 exp 1 January 1995 (see s 179(3)) Duty to assist transfer of property etc. s 180 exp 1 January 1995 (see s 180(3)) Transitional regulations s 181 om 1998 No. 40 s 31 Repeals s 182 om R1 (see RA s 40) Amendments s 183 om R1 (see RA s 40) PART 10—EXPIRY pt hdg amd R1 (see RA s 39) om 1998 No. 50 s 31 Expiration s 184 om 1998 No. 50 s 31 SCHEDULE 1—REPEAL OF ACTS om R1 (see RA s 40) SCHEDULE 2—AMENDMENT OF STOCK ACT 1915 om R1 (see RA s 40) © State of Queensland 2003