Meat Industries Act 1996

This Act may be cited as the Meat Industries Act 1996.

This Act shall come into operation on a date to be fixed by the

Administrator by notice in the Gazette.

The objects of this Act are:

(b) to ensure that pet meat produced for pet food or bait meat, is not substituted for meat produced for human consumption;

(c) to ensure the humane slaughter of animals for human consumption, pet meat and bait meat; and

(d) to foster export and domestic markets for meat for human consumption, pet meat and bait meat.

abattoir animal means a head of cattle, a sheep, pig, goat, buffalo, deer, horse, donkey, hinny, mule, camel, rabbit, hare, poultry or a crocodile and includes a species or type of animal declared under subsection (2)(a) but does not include a game animal.

animal means an abattoir animal, a game animal, an animal slaughtered for pet meat or bait meat, poultry and a bird but does not include a fish or aquatic life.

approved means approved by the Chief Inspector in writing.

approved fee means a fee approved by the Chief Inspector under section 7.

bait meat means meat intended for use as bait.

by-product means all of, or part of, an animal, which animal or part of an animal is unfit for human consumption.

carcass means the whole dressed body of a slaughtered animal.

Chief Inspector, see the Livestock Act 2008.

code of practice means a code of practice declared under section 72.

corresponding law means an Act, or an instrument of a legislative or administrative character made under an Act, in force in a State or another Territory of the Commonwealth, that corresponds as nearly as practicable to this Act, and includes the Export Control Act 1982 of the Commonwealth and an instrument of a legislative or administrative character made under that Act.

dressed, in relation to a slaughtered animal, means dressed as prescribed.

drover means a person in charge of travelling livestock being moved in accordance with the Livestock Act 2008.

establishment means a building or land used for the purposes of a licence but does not include a part of an establishment used for administrative or clerical purposes or a shop.

game animal means a pig, brumby, donkey or banteng that is not husbanded in the manner of a farmed animal and, where it is slaughtered, is slaughtered in the field and includes a species or type of bird or animal declared under subsection (2)(b) that is not husbanded in the manner of a farmed animal and, where it is slaughtered, is slaughtered in the field.

game meat means meat from a game animal.

identity card means a card issued under section 10 or a card that is deemed under section 10(3) or 76(4) to be an identity card.

inspector means a person who is an inspector under section 9 or under section 76(3).

licence means a licence granted under this Act that is in force.

licensee means the holder of a licence.

manager means a person approved under section 29(3) or 30(3).

meat for human consumption means meat intended for human consumption and includes offal that is fit for human consumption, but does not include pet meat or bait meat.

meat transport vehicle means the meat-carrying compartment of a vehicle, but does not include a prime mover, if any, to which the vehicle is attached or a cab chassis forming part of the vehicle.

pet means a carnivorous domestic animal or a carnivorous captive animal.

pet meat means the fresh, chilled or frozen body, carcass, flesh or other product derived from an animal, that is intended to be fed to pets, but does not include a body, carcass, flesh or other meat product, derived from an animal, that is:

(b) heat sterilised in an hermetically sealed package or heat dried; or

(c) processed, heat treated (but not sterilised), packed and sealed in a manner in respect of which a declaration has been made under subsection (3).

pet meat processing unit means a transportable unit designed or intended to process pet meat, that forms part of a vehicle or is designed to be moved with a vehicle.

poultry means a domestic fowl, duck, goose, turkey or quail and includes a species or type of bird declared under subsection (2)(c).

prescribed disease means a disease declared under subsection (2)(d) or prescribed in the Regulations.

process, in relation to meat, means to physically or chemically change meat from the carcass of an animal, but does not include chilling or freezing meat or preparing meat for immediate consumption.

quality assurance program means a program approved under section 11 in respect of a licence and includes an amendment to a program.

register means a register maintained under section 12.

relevant conviction, in relation to a person, means the person has been found guilty of an offence against:

for which he or she was imprisoned or fined $1,000 or more.

repealed Acts means the Acts repealed by section 75.

retailer means a person who:

(a) purchases and receives meat at a shop or at a residence used for commercial meat processing within the meaning of section 34 or principally for the purposes of resale from a shop or the residence; and

(b) from the shop or residence, disposes of meat principally to people who do not intend to resell the meat or disposes of meat to people who intend to resell the meat in a cooked or marinated state or for immediate consumption.

sell means every method of disposition for valuable consideration and includes:

shop means a place at which retail trade is carried on.

standard means a standard declared under section 72.

this Act includes the Regulations and any other instrument of an administrative or legislative character made under this Act.

vehicle means a motor vehicle within the meaning of the Motor Vehicles Act 1949.

vessel includes a ship, boat, hovercraft, raft or pontoon and any other thing capable of carrying persons or goods through or on water.

wholesaler means a person who sells meat to a person for the purposes of sale of that meat by that other person.

(2) The Chief Inspector may, by notice in the Gazette, declare:

(3) The Minister may, by notice in the Gazette, declare that a product, derived from an animal, that is intended to be fed to pets and is processed, heat treated, packed and/or sealed in a manner specified in the notice, is not pet meat for the purposes of this Act.

(4) In this Act, a reference to the Export Control Act 1982 of the Commonwealth includes a reference to an Act of the Commonwealth in substitution for that Act.

(5) For the purposes of this Act, a person is not a fit and proper person if:

(a) the person, or an associate of the person, is not of good repute having regard to character, honesty and integrity;

(b) the person, or an associate of the person, has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity; or

(c) a director, partner, trustee, executive officer, secretary or any other officer or person who is or is likely to be associated or connected with the ownership, administration or management of the establishment to which the application relates is not a suitable person to be so associated or connected.

(6) For the purposes of subsection (5), a person (the associate) is the associate of another person (the principal) if the associate:

(a) holds or will hold a relevant financial interest, or is or will be entitled to participate in:

(ii) the election of a person to a position within the business (whether in right of the person or on behalf of any other person),

in respect of the operation of an establishment under this Act by the principal, and by virtue of that entitlement is able or would be able to exercise significant influence over or with respect to the management or operation of the establishment;

(b) holds or will hold the position of director, manager, secretary or other executive power whether in right of the associate or on behalf of any other person, in the operation of an establishment under this Act by the principal;

(c) is a spouse, de facto partner, parent, child or sibling of the principal; or

(7) For the purposes of subsection (6)(a), a relevant financial interest in respect of the operation of an establishment means:

(c) an entitlement to receive payment as a result of money advanced to,

the business operating the establishment.

This Act does not apply to or in relation to the slaughter, storage or processing of an animal, including its carcass or its meat or other product, where the animal is:

(a) slaughtered by a person, on land owned or occupied by the person, for consumption of its meat, principally on that land, by:

(iv) paying guests, where they are aware that the animal was slaughtered on the property and where they are not guests at a shop, roadhouse or other similar premises; or

(b) slaughtered by a drover for consumption of its meat principally by:

(iii) the drover's employees engaged on the drive or the drover's guests,

if the person or drover does not sell the carcass, meat or another product of the animal (other than its hide or horns) other than to an employee, whether as part of the employee's contract of employment or otherwise.

Inspector thinks fit and specifies on the permit document.

The Chief Inspector may, by notice in the Gazette, approve a fee that is payable under this Act.

Control Act 1982 of the Commonwealth is an inspector for the purposes of this Act.

(1) The Minister shall issue to the Chief Inspector an identity card containing a photograph and the signature of the Chief Inspector, verified by the signature of the Minister.

(2) The Chief Inspector shall issue to each inspector appointed under section 9(1) an identity card containing a photograph of the inspector and the signature of the inspector, verified by the Chief Inspector.

(a) the Export Control Act 1982 of the Commonwealth to an authorised person within the meaning of that Act; or

shall be deemed to be an identity card issued under this Act.

(4) The holder of an identity card, other than an identity card referred to in subsection (3), shall, as soon as practicable after ceasing to be an inspector, return the card to:

Maximum penalty for an offence against subsection (4): 10 penalty units.

(1) The holder of a licence or an applicant for a licence may apply to the Chief Inspector for approval of a draft quality assurance program, being an instrument specifying:

(a) procedures to be followed, in relation to a licence under this Act, for:

(i) the slaughtering, packaging, processing, dispatch and/or importation into an establishment of meat for human consumption; or

(b) other matters connected with procedures to be performed under a licence or otherwise in relation to a licence.

(2) A licensee or an applicant for a licence may request assistance in the preparation and development of a draft quality assurance program and, on payment of the approved fee, the Chief Inspector, or a person approved for the purpose, may comply with the request.

(3) Where the Chief Inspector is satisfied that the procedures set out in a draft quality assurance program may be performed under the program in accordance with this Act, he or she may, by written notice, approve the quality assurance program in relation to a licence or a proposed licence.

The Chief Inspector shall cause to be maintained a register containing:

(f) details of the areas in which pet meat processing units are operating or in which operations under game meat slaughter licences, pet meat slaughter licences or bait meat licences are being carried out; and