Australian Capital Territory

meat act 1931
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
As at 10 November 1999
TABLE OF PROVISIONS
Section
	1.	Short title
	4.	Interpretation
	6.	Sale etc of unmarked meat
	7A.	Bringing of meat into Territory
	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.	Power of Minister to determine fees
	19C.	Fees payable
	20.	Regulations

Australian Capital Territory

meat act 1931
An Act to control slaughtering and the sale of meat
1. 	Short title
	This Act may be cited as the Meat Act 1931.1
4. 	Interpretation
	In this Act, unless the contrary intention appears—
“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 of the Commonwealth;
“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 perform that function; or
	(b)	the chief health officer;
 “vehicle” includes vessel.
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 of the Commonwealth; or
	(b)	meat from such a carcase.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 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 of the Commonwealth does not extend; and
	(b)	imported into the Territory in accordance with that Act.
7A. 	Bringing of meat into Territory
	A person shall not, except as authorised under the regulations, bring meat into the Territory, or cause meat to be brought or sent into the Territory, for the purposes of sale or of a business carried on by him or her or by another person.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
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 Territory otherwise than at an abattoir.
Penalty:
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
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 subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
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.
10. 	Slaughter of animals for private use
	Notwithstanding anything contained in section 8, any person may slaughter on his or her own premises, if such premises are outside the City Area, any animal for consumption by his or her own family or persons employed by him or her.
11. 	Power to condemn meat
(1) 	A public health officer may condemn—
	(a)	any carcase or portion of a carcase or any organ which is in his or her opinion diseased or unfit for human consumption;
	(b)	any meat which has suffered deterioration by exposure to flies, dust or weather conditions, or by contact with unclean surfaces, or which is in a state of putrefaction or decomposition; and
	(c)	a carcase not marked in accordance with the Meat Inspection Act 1983 of the Commonwealth or meat from such a carcase.
(1A) 	Paragraph (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 of the Commonwealth does not extend; and
	(b)	imported into the Territory in accordance with that Act.
(1B) 	Any meat condemned by an a public health officer under this section shall become the property of the Territory.
(2) 	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.
(3) 	Any person who sells or offers for sale or uses for human consumption any organ, carcase or portion of a carcase so condemned shall be guilty of an offence.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
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 which the Minister declares by notice in the Gazette to be a noxious process.
(2) 	The Minister may grant permission on such terms as he or she thinks fit to any person to engage in any of the processes set out in subsection (1).
(3) 	Any person, who, without the permission of the Minister (proof whereof shall lie upon the person) engages in any of the processes set out in this section shall be guilty of an offence.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
(4) 	The Minister may dispose of the products from any such process in such manner as he or she thinks fit.
18. 	Powers of public health officers
(1) 	For the purposes of 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;
	(aa)	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 Territory where a search may conveniently be carried out;
	(b)	where he or she has reason to believe that meat in any vehicle or package is intended for sale, inspect that meat;
	(ba)	cut into or divide or remove the carcase, or portion of the carcase, of any animal for the purpose of inspection; and
	(c)	at any time, with such assistance as he or she thinks necessary, enter upon any premises where he or she has reason to believe a contravention of this Act or the regulations is being committed.
(2) 	Where a public health officer enters any premises or place in pursuance of paragraph (1) (a) or (c), stops a vehicle or requires a person to take the action referred to in subparagraph (1) (aa) (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 or the regulations 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.
(4A) 	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;
	(b)	if the officer has stopped a vehicle—he or she is not authorised to search the vehicle;
	(c)	if the officer has made a requirement of a person under subparagraph (1) (aa) (ii) or subsection (3)—the person is not obliged to comply with the requirement.
(5)  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;
is guilty of an offence punishable, on conviction—
	(c)	for contravention of paragraph (a)—
	(i)	if the offender is a natural person—by a fine not exceeding 50 penalty units or imprisonment for 6 months, or both; or
	(ii)	if the offender is a body corporate—by a fine not exceeding 250 penalty units; or
	(d)	for contravention of paragraph (b)—
	(i)	if the offender is a natural person—by a fine not exceeding 50 penalty units; or
	(ii)	if the offender is a body corporate—by a fine not exceeding 250 penalty units.
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.
19B. 	Power of Minister to determine fees
	The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
19C. 	Fees payable
	A fee determined under section 19B is payable to the Territory in relation to the relevant matter specified in the notice referred to in that section, being a matter in respect of which the Executive may make regulations.
20. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular prescribing matters providing for and in relation to—
	(a)	the regulation of—
	(i)	public abattoirs and slaughtering places;
	(ii)	the slaughter of animals;
	(iii)	the transport of meat;
	(b)	the granting of permits or licences in connection with slaughtering or the preparation or sale of meat or meat products for human consumption;
	(c)	the imposition of fees for the grant of permits or licences or the use of public abattoirs; and
	(d)	the imposition of penalties for breaches of the regulations—
	(i)	if the offender is a natural person—not exceeding 10 penalty units; or
	(ii)	if the offender is a body corporate—not exceeding 50 penalty units.

NOTES
1.	The Meat Act 1931 in this reprint is Act No. 13, 1931 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  The amendments do not change the law.  Amendments made under the Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Meat Ordinance 1931	13, 1931	23 July 1931	1 Aug 1931 (see Gazette 1931,
p. 1248)		
Meat Ordinance 1933	5, 1933	16 Mar 1933	16 Mar 1933	—	
Meat Ordinance 1940	6, 1940	2 May 1940	2 May 1940	—	
Meat Ordinance 1950	12, 1950	16 Nov 1950	16 Nov 1950	—	
Meat Ordinance 1953	6, 1953	26 Mar 1953	26 Mar 1953	—	
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
Meat Ordinance 1968	32, 1968	19 Dec 1968	19 Dec 1968	—	
Ordinances Revision (Health Commission) Ordinance 1975	17, 1975	1 July 1975	1 July 1975	—	
Meat Ordinance 1976	37, 1976	27 Aug 1976	27 Aug 1976	—	
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1978	—	
Ordinances Revision (Penalties) Ordinance 1979	26, 1979	31 Aug 1979	31 Aug 1979	—	
Meat (Amendment) Ordinance 1985	26, 1985	28 June 1985	1 July 1985 (see Gazette 1985, No. S233)	—	
Meat (Amendment) Ordinance 1988	19, 1988	4 May 1988	4 May 1988	—	
Community and Health Service (Consequential Provisions) Ordinance 1988	29, 1988	30 June 1988	2 July 1988	S. 4	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2: 10 May 1989
Remainder: 11 May 1989 (see  s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Health Services (Consequential Provisions) Act 1990	63, 1990	28 Dec 1990	Ss. 1 and 2:  28 Dec 1990
Remainder:  31 Jan 1991 (see 
s. 2 (2) and Gazette 1991, No. S4)	Ss. 6-17	
Health (Consequential Provisions) Act 1993	14, 1993	1 Mar 1993	1 Mar 1993 (see s. 2)	Parts IV-VI (ss. 14-34)	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:  14 Nov 1994 (see 
s. 2 (2) and Gazette 1994, No. S250)	—	
Statute Law Revision (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)	Part III 
(ss. 4-9)	
(Reprinted as at 28 February 1995)	
Public Health (Miscellaneous Provisions) Act 1997	70, 1997	9 Oct 1997	Ss. 41, 42 and 43 (1):  13 Aug 1998 (see Gazette 1998, No. S185)	Ss. 41 and 42	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
Law Reform (Miscellaneous Provisions) Act 1999
	1999 No 66	10 Nov 1999	10 Nov 1999	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Ss. 2, 3	rep. No. 26, 1985
S. 4	am. No. 12, 1950; No. 6, 1953; No. 32, 1968; No. 17, 1975; No. 46, 1978; No. 26, 1985; Nos. 19 and 29, 1988; Act No. 63, 1990; No. 14, 1993; No. 97, 1994; No. 70, 1997
S. 5	am. No. 26, 1985
	rep. Act No. 97, 1994
S. 5A	ad. No. 19, 1988
	rep. Act No. 97, 1994
S. 6	rs. No. 32, 1968
	am. No. 17, 1975
	rs. No. 26, 1985
	am. Act No. 81, 1994; No. 54, 1998
S. 7	rs. No. 6, 1953
	am. No. 19, 1966; No. 26, 1979
	rep. No. 26, 1985
S. 7A	ad. No. 6, 1953
	am. No. 19, 1966; No. 26, 1979; Act No. 81, 1994; No. 54, 1998
S. 8	am. No. 37, 1976
	rs. No. 26, 1985
	am. Nos. 19 and 29, 1988; Act No. 63, 1990; No. 81, 1994; No. 70, 1997; No. 54, 1998
S. 9	am. No. 19, 1966; No. 17, 1975; No. 26, 1979
	rep. No. 26, 1985
	ad. No. 19, 1988
	am. No. 29, 1988; No. 38, 1989; Act No. 63, 1990; No. 60, 1994; 
No. 70, 1997
S. 9A	ad. No. 19, 1988
	am. No. 29, 1988; Act No. 63, 1990; No. 70, 1997
S. 10	am. No. 26, 1985
S. 11	am. No. 12, 1950; No. 19, 1966; No. 26, 1979; No. 26, 1985; No. 38, 1989; Acts Nos. 81 and 97, 1994; No. 70, 1997
S. 12	rep. No. 26, 1985
S. 13	am. No. 17, 1975
	rep. No. 26, 1985
S. 14	rep. No. 26, 1985
S. 15	am. No. 19, 1966; No. 26, 1979; No. 26, 1985; Act No. 81, 1994
S. 16	rep. No. 26, 1985
S. 17	rs. No. 5, 1933
	rep. No. 26, 1985
S. 18	am. No. 26, 1985; No. 19, 1988; Act No. 97, 1994; No. 70, 1997; No. 54, 1998
S. 19	rep. No. 26, 1985
S. 19AA	ad. No. 32, 1968
	am. No. 17, 1975
	rep. No. 26, 1985
S. 19A	ad. No. 6, 1940
	am. No. 26, 1985; No. 19, 1988; Act No. 63, 1990; No. 70, 1997; 1999 No 66 s 6 sch 3
S. 19B	ad. No. 26, 1985
S. 19C	ad. No. 26, 1985
	am. No. 38, 1989
S. 20	am. No. 19, 1966; No. 26, 1979; No. 38, 1989; Act No. 81, 1994