MEAT ACT 1931 (REPEALED) - TABLE OF PROVISIONS 1. Short title 4. Definitions for Act 6. Sale etc of unmarked meat 7A. Bringing of meat into ACT 8. Slaughtering elsewhere than at an abattoir 9. Notification of decision 9A. Review of decision 10. Slaughter of animals for private use 11. Power to condemn meat 15. Powers of Minister to engage in certain processes 18. Powers of public health officers 19A. Evidence in proceedings for certain offences 19B. Determination of fees 20. Regulation-making power ENDNOTES MEAT ACT 1931 (REPEALED) - LONG TITLE An Act to control slaughtering and the sale of meat MEAT ACT 1931 (REPEALED) - SECT 1 Short title This Act may be cited as the Meat Act 1931. MEAT ACT 1931 (REPEALED) - SECT 4 Definitions for Act In this Act: Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155). "abattoir" means premises used for, or in connection with, the slaughter of animals for meat that is intended for human consumption. "animal" means abattoir animal within the meaning of the Meat Inspection Act 1983 (Cwlth). "chief health officer" means the chief health officer under the Public Health Act 1997. "identity card", in relation to a public health officer, means the identity card issued to the officer under the Public Health Act 1997. "meat" includes a carcase, or portion of a carcase of any animal, bones, edible offal, and blood for human consumption, but does not include tinned or canned goods, bacon, cooked meat, sausage meat, sausages, or small goods. "premises" includes-- (a) any part of a building or structure; and (b) any area of land, whether enclosed or not. "public health officer", in relation to a function under this Act, means-- (a) a public health officer under the Public Health Act 1997 who is authorised in writing by the chief health officer to exercise that function; or (b) the chief health officer. "vehicle" includes vessel. MEAT ACT 1931 (REPEALED) - SECT 6 Sale etc of unmarked meat (1) A person shall not sell, expose for sale or have in his or her possession for sale-- (a) a carcase not marked in accordance with the Meat Inspection Act 1983 (Cwlth); or (b) meat from such a carcase. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply to any carcase, or meat from a carcase, that is-- (a) marked in accordance with the law of a State or a Territory to which the Meat Inspection Act 1983 (Cwlth) does not extend; and (b) imported into the ACT in accordance with that Act. MEAT ACT 1931 (REPEALED) - SECT 7A Bringing of meat into ACT A person shall not, except as authorised under the regulations, bring meat into the ACT, or cause meat to be brought or sent into the ACT, for sale or of a business carried on by him or her or by another person. Maximum penalty: 50 penalty units. MEAT ACT 1931 (REPEALED) - SECT 8 Slaughtering elsewhere than at an abattoir A person shall not, without the consent in writing of the chief health officer, slaughter an animal in the ACT otherwise than at an abattoir. Maximum penalty: 50 penalty units. MEAT ACT 1931 (REPEALED) - SECT 9 Notification of decision (1) Where the chief health officer makes a decision under section 8 not to consent to the slaughter of an animal, the chief health officer shall, by notice in writing, inform a person whose interests are affected by the decision of the making of the decision. (2) A notice under subsection (1) shall be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1). MEAT ACT 1931 (REPEALED) - SECT 9A Review of decision Application may be made to the administrative appeals tribunal for a review of a decision by the chief health officer under section 8 not to consent to the slaughter of an animal. MEAT ACT 1931 (REPEALED) - SECT 10 Slaughter of animals for private use Notwithstanding anything contained in section 8, any person may slaughter on his or her own premises, if the premises are outside the city area, any animal for consumption by his or her own family or persons employed by him or her. MEAT ACT 1931 (REPEALED) - SECT 11 Power to condemn meat (1) A public health officer may condemn-- (a) any carcase or portion of a carcase or any organ that is in his or her opinion diseased or unfit for human consumption; and (b) any meat that has suffered deterioration by exposure to flies, dust or weather conditions, or by contact with unclean surfaces, or that is in a state of putrefaction or decomposition; and (c) a carcase not marked in accordance with the Meat Inspection Act 1983 (Cwlth) or meat from such a carcase. (2) Subsection (1) (c) does not apply to any carcase, or meat from a carcase, that is-- (a) marked in accordance with the law of a State or a Territory to which the Meat Inspection Act 1983 (Cwlth) does not extend; and (b) imported into the ACT in accordance with that Act. (3) Any meat condemned by an a public health officer under this section shall become the property of the Territory. (4) A public health officer may seize and destroy or otherwise dispose of any meat so condemned, and the person who was the owner of the meat immediately before it was so condemned shall render reasonable assistance in the disposal thereof. (5) Any person who sells or offers for sale or uses for human consumption any organ, carcase or portion of a carcase so condemned commits an offence. Maximum penalty: 50 penalty units. MEAT ACT 1931 (REPEALED) - SECT 15 Powers of Minister to engage in certain processes (1) The Minister shall have the exclusive right to engage in any of the following processes: (a) fat melting or tallow extracting; (b) bone grinding or manure manufacturing; (c) blood boiling or drying; (d) glue making; (e) soap or candle making; (f) gut scraping; (g) tripe cleaning or tripe cooking; (h) fellmongering or tanning; or (i) any other trade that the Minister declares ,in writing, to be a noxious process. (2) A declaration under subsection (1) (i) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. (3) The Minister may grant permission on the terms he or she thinks fit to any person to engage in any of the processes set out in subsection (1). (4) Any person, who, without the permission of the Minister (proof of which shall lie on the person) engages in any of the processes set out in this section commits an offence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (5) The Minister may dispose of the products from any such process in the manner as he or she thinks fit. MEAT ACT 1931 (REPEALED) - SECT 18 Powers of public health officers (1) For this Act, a public health officer may-- (a) at any reasonable time, and at all times when work is being performed, enter any butcher's shop, meat store, or place where meat is prepared for sale; and (b) where he or she has reason to believe that there is in any vehicle meat intended for sale-- (i) stop and search the vehicle; or (ii) stop the vehicle and require it to be taken to another place in the ACT where a search may conveniently be carried out; and (c) where he or she has reason to believe that meat in any vehicle or package is intended for sale--inspect that meat; and (d) cut into or divide or remove the carcase, or portion of the carcase, of any animal for the purpose of inspection; and (e) at any time, with the assistance he or she thinks necessary, enter on any premises where he or she has reason to believe a contravention of this Act is being committed. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104). (2) Where a public health officer enters any premises or place under subsection (1) (a) or (e), stops a vehicle or requires a person to take the action referred to in subsection (1) (b) (ii), the officer shall, if requested by the occupier or person in charge of the premises or place, or the person in charge of the vehicle, produce his or her identity card. (3) A public health officer may require any person whom he or she reasonably suspects of having committed an offence against this Act to state his or her full name and usual place of residence. (4) Where a public health officer makes a requirement of a person under subsection (3), the officer shall produce his or her identity card. (5) If a public health officer fails to comply with subsection (2) or (4)-- (a) if the officer has entered any premises or place--he or she is not authorised to remain there; or (b) if the officer has stopped a vehicle--he or she is not authorised to search the vehicle; or (c) if the officer has made a requirement of a person under subsection (1) (b) (ii) or subsection (3)--the person is not obliged to comply with the requirement. (6) Subject to subsections (2) and (4), a person who, without reasonable excuse-- (a) obstructs or hinders a public health officer in the exercise of his or her powers under this section; or (b) who refuses or fails to comply with a requirement made of him or her under this section by a public health officer; commits an offence. Maximum penalty: (a) for paragraph (a)--50 penalty units, imprisonment for 6 months or both; or (b) for paragraph (c)--50 penalty units. MEAT ACT 1931 (REPEALED) - SECT 19A Evidence in proceedings for certain offences (1) In any proceedings under this Act against any person, the presence of meat-- (a) in a vehicle used by that person in the business of selling meat shall be prima facie evidence that he or she has that meat in possession for sale, that the meat is intended for sale and that he or she has exposed the meat for sale; or (b) on premises where that person is engaged (whether as principal or employee) in the business of selling meat shall be prima facie evidence that he or she has that meat in possession for sale, that he or she has exposed or offered that meat for sale and that the premises are a place where meat is prepared for sale. (2) In any proceedings for an offence against this Act, the court shall presume that a document that purports to have been signed by a public health officer, the chief health officer or an authorised medical officer under the Public Health Act 1997, was so signed, but that presumption is rebuttable. MEAT ACT 1931 (REPEALED) - SECT 19B Determination of fees (1) The Minister may, in writing, determine fees for this Act. Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. MEAT ACT 1931 (REPEALED) - SECT 20 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (2) The regulations may make provision in relation to-- (a) the regulation of-- (i) public abattoirs and slaughtering places; and (ii) the slaughter of animals; and (iii) the transport of meat; and (b) the granting of permits or licences in connection with slaughtering or the preparation or sale of meat or meat products for human consumption. (3) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. MEAT ACT 1931 (REPEALED) - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter p = page cl = clause par = paragraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly prov = provision div = division pt = part exp = expires/expired r = rule/subrule Gaz = Gazette reg = regulation/subregulation hdg = heading renum = renumbered ins = inserted/added reloc = relocated LA = Legislation Act 2001 R[X] = Republication No LR = legislation register s = section/subsection LRA = Legislation (Republication) Act 1996 sch = schedule mod = modified / modification sdiv = subdivision num = numbered sub = substituted No = number SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed 3 Legislation history The Meat Act 1931 (repealed) was originally the Meat Ordinance 1931. It became an ACT Act on self-government (11 May 1989). Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25). Legislation before self-government Meat Ordinance 1931 No 13 notified 23 July 1931 commenced 1 August 1931 (Cwlth Gaz 1931) as amended by Meat Ordinance 1933 No 5 notified 16 March 1933 commenced 16 March 1933 Meat Ordinance 1940 No 6 notified 2 May 1940 commenced 2 May 1940 Meat Ordinance 1950 No 12 notified 16 November 1950 commenced 16 November 1950 Meat Ordinance 1953 No 6 notified 26 March 1953 commenced 26 March 1953 Ordinances Revision (Decimal Currency) Ordinance 1966 No 19 notified 23 December 1966 commenced 23 December 1966 Meat Ordinance 1968 No 32 notified 19 December 1968 commenced 19 December 1968 Ordinances Revision (Health Commission) Ordinance 1975 No 17 notified 1 July 1975 commenced 1 July 1975 Meat Ordinance 1976 No 37 notified 27 August 1976 commenced 27 August 1976 Ordinances Revision Ordinance 1978 No 46 notified 28 December 1978 commenced 28 December 1978 Ordinances Revision (Penalties) Ordinance 1979 No 26 notified 31 August 1979 commenced 31 August 1979 Meat (Amendment) Ordinance 1985 No 26 notified 28 June 1985 commenced 1 July 1985 (s 2 and Cwlth Gaz 1985 No S233) Meat (Amendment) Ordinance 1988 No 19 notified 4 May 1988 commenced 4 May 1988 Community and Health Service (Consequential Provisions) Ordinance 1988 No 29 notified 30 June 1988 commenced 2 July 1988 (s 2) Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1 notified 10 May 1989 (Cwlth Gaz 1989 No S164) s 1, s 2 commenced 10 May 1989 (s 2 (1)) sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164) Legislation after self-government Health Services (Consequential Provisions) Act 1990 No 63 sch 1 notified 28 December 1990 (Gaz 1990 No S102) s 1, s 2 commenced 28 December 1990 (s 2 (1)) sch 1 commenced 31 January 1991 (s 2 (2) and see Gaz 1991 No S4) Health (Consequential Provisions) Act 1993 No 14 sch 1 notified 1 March 1993 (Gaz 1993 No S23) commenced 1 March 1993 (s 2) Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250) Statute Law Revision (Penalties) Act 1994 No 81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 (s 2 (1)) sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269) Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1 notified 15 December 1994 (Gaz No S280) s 1, s 2 commenced 15 December 1994 (s 2 (1)) sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293) Public Health (Miscellaneous Provisions) Act 1997 No 70 sch 1, notes notified 9 October 1997 (Gaz 1997 No S300) ss 1-3 commenced 9 October 1997 (s 2 (1)) sch 1, notes commenced 13 August 1998 (s 2 (2) and Gaz 1998 No S185) Statute Law Revision (Penalties) Act 1998 No 54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3 notified 10 November 1999 (Gaz 1999 No 45) sch 3 commenced 10 November 1999 (s 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 244 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 244 commenced 12 September 2001 (s 2 and Gaz 2001 No S65) as repealed by Food Act 2001 No 66 sch 2 notified 10 September 2001 (Gaz 2001 No S66) s 1, s 2 commenced 10 September 2001 (IA s 10B) sch 2 commenced 10 March 2002 (s 2 and LA s 79) 4 Amendment history Commencements 2 om 1985 No 26 Repeals 3 om 1985 No 26 Definitions for Acts 4 am 1950 No 12; 1953 No 6; 1968 No 32; 1975 No 17; 1978 No 46; 1985 No 26; 1988 No 19; 1988 No 29; 1990 No 63; 1993 No 14; 1994 No 97; 1997 No 70 Appointment of authorised personss 5 am 1985 No 26 om 1994 No 97 Identity cards 5A ins 1988 No 19 om 1994 No 97 Sale etc of unmarked meats 6 sub 1968 No 32 am 1975 No 17 sub 1985 No 26 am 1994 No 81; 1998 No 54 Meat to be brandeds 7 sub 1953 No 6 am 1966 No 19; 1979 No 26 om 1985 No 26 Bringing of meat into ACTs 7A ins 1953 No 6 am 1966 No 19; 1979 No 26; 1994 No 81; 1998 No 54 Slaughtering elsewhere than at an abattoirs 8 am 1976 No 37 sub 1985 No 26 am 1988 No 19; 1988 No 29; 1990 No 63; 1994 No 81; 1997 No 70; 1998 No 54 Notification of decisions 9 am 1966 No 19; 1975 No 17; 1979 No 26 om 1985 No 26 ins 1988 No 19 am 1988 No 29; 1989 No 38; 1990 No 63; 1994 No 60; 1997 No 70 Review of decisions 9A ins 1988 No 19 am 1988 No 29; 1990 No 63; 1997 No 70 Slaughter of animals for private uses 10 am 1985 No 26 Power to condemn meats 11 am 1950 No 12; 1966 No 19; 1979 No 26; 1985 No 26; 1989 No 38; 1994 No 81;1994 No 97; 1997 No 70; ss renum R5 LA Objects of scientific interest, how dealt withs 12 om 1985 No 26 Salting hides and drying skinss 13 am 1975 No 17 om 1985 No 26 Viscera and offal, how dealt withs 14 om 1985 No 26 Powers of Minister to engage in certain processess 15 am 1966 No 19; 1979 No 26; 1985 No 26; 1994 No 81; 2001 No 44 amdts 1.2810-1.2812 Minister not responsible for loss or damage to meat etcs 16 om 1985 No 26 Minister to fix fees etcs 17 sub 1933 No 5 om 1985 No 26 Powers of public health officerss 18 am 1985 No 26; 1988 No 19; 1994 No 97; 1997 No 70; 1998 No 54; 2001 No 44 amdts 1.2813-1.2815; pars and ss renum R5 LA Power of Minister to delegate his or her powers under Acts 19 om 1985 No 26 Delegations by the director-generals 19AA ins 1968 No 32 am 1975 No 17 om 1985 No 26 Evidence in proceedings for certain offencess 19A ins 1940 No 6 am 1985 No 26; 1988 No 19; 1990 No 63; 1997 No 70; 1999 No 66 sch 3 Determination of feess 19B ins 1985 No 26 sub 2001 No 44 amdt 1.2816 Fees payables 19C ins 1985 No 26 am 1989 No 38 om 2001 No 44 amdt 1.2816 Regulation-making powers 20 am 1966 No 19; 1979 No 26; 1989 No 38; 1994 No 81; 2001 No 44 amdts 1.2817-1.2820 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1990 No 63 31 August 1991 2 Act 1993 No 14 31 August 1993 3 Act 1994 No 97 28 February 1995 4 Act 1998 No 54 30 April 1999 5 Act 2001 No 44 28 February 2002 Unauthorised version prepared by ACT Parliamentary Counsel's Office(c) Australian Capital Territory 2002 MEAT ACT 1931 (REPEALED) - NOTES Australian Capital Territory Republication No 6 Republication date: 11 March 2002 As repealed by Act 2001 No 66 Amendments incorporated to 10 March 2002 Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Meat Act 1931 (repealed) as in force on 11 March 2002. It includes any amendment, repeal or expiry affecting the republished law to 10 March 2002 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes). The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Amendments incorporated to10 March 2002 Australian Capital Territory Meat Act 1931 (repealed) Endnotes Amendments incorporated to10 March 2002 Australian Capital Territory Meat Act 1931 (repealed)