Statutory Rules - Federal Register of Legislation

321
Statutory Rules
1979
No. 96
REGULATIONS UNDER THE LIVE-STOCK SLAUGHTER
(EXPORT INSPECTION CHARGE) COLLECTION ACT 1979'
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia,
acting with the advice of the Federal Executive Council, hereby make
the following Regulations under the Live-stock Slaughter (Export In ­
spection Charge) Collection Act 1979.
Dated this twenty-eighth day of June 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry
LIVE-STOCK SLAUGHTER (EXPORT INSPECTION CHARGE)
COLLECTION REGULATIONS
1. These Regulations may be cited as the Live-stock Slaughter
(Export Inspection Charge) Collection Regulations.
2. In these Regulations, unless the contrary intention appears—
Citation
interpret­
ation
“ authorized agent ” means a person appointed by a proprietor
of an abattoir under regulation 5 to be his authorized agent;
“ cattle ” means bovine animals (including buffaloes);
“ Secretary ” means the Secretary to the Department of Pri­
mary Industry;
“ the Act ” means the Live-stock Slaughter (Export Inspection
Charge) Collection Act 1979.
3. The payment of charge and other amounts payable to the Commonwealth under the Act with respect to live-stock slaughtered at an
abattoir in a State or Territory shall be made to the Collector of Public
Moneys, Department of Primary Industry, at the place the name of
which is specified in column 2 of Schedule 1 opposite to the name of the
State or Territory in column 1 of that Schedule.
Manner of
paymentof
8 ’ c‘
19 7 9
322
N o. 96
R eturns
4.
(1) The proprietor of an abattoir shall, on or before the twentyeighth day in each month, furnish to the Secretary a return signed in ac­
cordance with sub-regulation (5) containing the prescribed information
with respect to the live-stock slaughtered at that abattoir in the preceding
month.
L ive-sto ck S lau gh ter (E xport Inspection Charge)
C ollection R egu lation s
(2) Where in a month no live-stock is slaughtered at an abattoir, the
proprietor of the abattoir shall, on or before the twenty-eighth day in the
next succeeding month, inform the Secretary in writing of that fact.
(3) For the purposes of sub-regulation (1), the prescribed infor­
mation is—
( a ) the full name and address of the abattoir;
( b) the month of the year in respect of which the information is
furnished;
(c) in the case of cattle slaughtered—
(i) the number of carcases the dressed weight of which
exceeded 90 kilograms;
(d)
(e)
( f)
(g)
(h)
(ii) the number of carcases the dressed weight of which
exceeded 40 kilograms but did not exceed 90
kilograms; and
(iii) the number of carcases the dressed weight of which
did not exceed 40 kilograms;
in the case of sheep slaughtered—the number of carcases;
in the case of pigs slaughtered—the number of carcases;
in the case of goats slaughtered—the number of carcases;
in the case of horses, donkeys and mules slaughtered—the
total number of carcases; and
the amount of charge payable in respect of each class of
live-stock specified in the Schedule to the Live-stock
Slaughter (Export Inspection Charge) Regulations as in
force at the relevant time.
(4) In sub-regulation (3), a reference to carcases does not include a
reference to carcases which are, in pursuance of a law of the Common­
wealth or of a State or Territory, condemned or rejected by an inspector
as being unfit for human consumption.
(5) A return furnished by the proprietor of an abattoir in accordance
with sub-regulation (1) shall be signed—
(a) by the proprietor or his authorized agent; or
(b) where the proprietor is a company—by a director or the
secretary of the company or by the authorized agent of the
company.
1979
L ive-sto ck S lau gh ter (E x p o rt Inspection Charge)
C ollection R eg u la tion s
N o . 96
323
(6)
It shall be sufficient compliance with the requirement contained
in sub-regulation (1) or (2) that the return or information, as the case
may be, be furnished to the Secretary if the return or information is fur­
nished instead to the Collector of Public Moneys, Department of Pri­
mary Industry, at the place the name of which is specified in column 2 of
Schedule 1 opposite to the name of the State or Territory in column 1 of
that Schedule in which the abattoir (being the abattoir to which the re­
turn or information, as the case may be, relates) is situated.
5. (1) The proprietor of an abattoir may, by instrument in writing,
appoint a person to be his authorized agent for the purpose of signing the
return referred to in sub-regulation 4 (1 ).
A u th o rized
a g en ts
(2)
An instrument referred to in sub-regulation (1) shall be in ac­
cordance with the form in Schedule 2 and shall be delivered to the
Secretary.
6. The proprietor of an abattoir shall keep, or cause to be kept,
proper records showing, with respect to the live-stock slaughtered at the
abattoir in each month—
(a) in the case of cattle slaughtered—
(i) the number of carcases (not being carcases referred
to in paragraph (f ) ) the dressed weight of which
exceeded 90 kilograms;
(ii) the number of carcases (not being carcases referred
to in paragraph (f ) ) the dressed weight of which
exceeded 40 kilograms but did not exceed 90
kilograms; and
(iii) the number of carcases (not being carcases referred
to in paragraph (f)) the dressed weight of which did
not exceed 40 kilograms;
(b) the number of carcases of sheep (not being carcases re­
ferred to in paragraph ( f ));
(c) the number of carcases of pigs (not being carcases referred
to in paragraph (f));
(d) the number of carcases of goats (not being carcases re­
ferred to in paragraph (f));
(e) the number of carcases of horses, donkeys and mules (not
being carcases referred to in paragraph ( f)); and
(f) the number of carcases, specified by reference to each class
of live-stock specified in the Schedule to the Live-stock
Slaughter (Export Inspection Charge) Regulations as in
force at the relevant time, that were, in pursuance of a law
P rop er
record s to b e
k ep t
324
N o . 96
1979
L ive-sto ck S lau gh ter (E xport Inspection Charge)
C ollection R egulations
of the Commonwealth or of a State or Territory, con­
demned or rejected by an inspector as being unfit for
human consumption.
Penalty: $200.
Statement to
be furnished
the q
proprietor
Form o f
warrant for
authorized
person to
enter
premises
7. A person who, during a month, causes live-stock to be slaughtered
an abattoir of which another person is the proprietor shall, when
requested in writing by the proprietor, furnish to the proprietor a statement setting out the information required to be recorded by the pro­
prietor under regulation 6 with respect to the carcases of the live-stock so
slaughtered.
at
8. For the purposes of section 10 of the Act, the prescribed form of
warrant is the form in Schedule 3.
.
SCHEDULE 1
Regulations 3 and 4
P L A C E S A T W H IC H P A Y M E N T S M A D E A N D R E T U R N S F U R N IS H E D
Column 1
Name of State or Territory
Column 2
Name of Place
New South Wales . . . .
Victoria
............................
Queensland
.......................
South A u s tr a l ia ...................
Western Australia . . . .
T a s m a n ia ............................
Australian Capital Territory .
Northern Territory of Australia
Sydney
Melbourne
Brisbane
Adelaide
Perth
Hobart
Canberra
Canberra
1 979
N o , 96
L ive-sto ck S lau gh ter (E x p o rt Inspection C harge)
C ollection R eg u la tion s
SCHEDULE 2
R egulation 5
C O M M O N W E A L T H O F A U S T R A L IA
Live-stock Slaughter (Export Inspection Charge) Collection Regulations
A P P O IN T M E N T O F A U T H O R IZ E D A G E N T
T o the S ecretary to the
D ep a rtm en t o f P rim ary Industry
I,
(Full name and address of proprietor of abattoir)
h ereb y ap p o in t
(Full name, address and occupation of authorized agent)
a sp ecim en o f w h o se signatu re app ears b elo w , to b e m y auth orized a g en t for th e p u rp ose o f
sig n in g o n m y b e h a lf a return p rep ared for th e p u rp o ses o f su b -regu lation 4 ( 1 ) o f th e L iv e ­
stock Sla u g h ter (E x p o rt In sp ection C h a rg e) C o llectio n R eg u la tio n s.
D a te d th is
day o f
19
.
(Signature ofproprietor or, where theproprietor is a
company, signature of a director or the secretary
of the company and his designation)
D a te d this
day o f
19
.
(Signature of authorized agent)
SCHEDULE 3
R egulation 8
L IV E -S T O C K S L A U G H T E R (E X P O R T IN S P E C T IO N C H A R G E ) C O L L E C T IO N
ACT
S E A R C H W A R R A N T U N D E R S E C T IO N 10
To: (full name), a p erso n ap p o in ted to b e an a u th orized p erson for the p u rp oses o f sectio n 10
o f th e Live-stock Slaughter (Export Inspection Charge) Collection Act 1979.
W H E R E A S , o n an a p p lication u n d er su b -sectio n 10 ( 2 ) o f th at A ct in relation to p rem ises
at
I,
(full name)
, a Justice o f th e P ea ce w ith in th e
m e a n in g o f th a t ex p ression in sectio n 10 o f th at A ct, am satisfied, b y in form ation o n o a th (or
a ffirm a tio n )—
(a )
th a t there is rea so n a b le grou n d for b eliev in g th at there are o n th e p rem ises
bo o k s, d o cu m en ts or p a p ers relatin g to the slau gh ter o f liv e-stock in resp ect o f
w h ich ch arge is, or m a y b e, p ayab le; and
(b)
that th e issu e o f a w arran t is rea so n a b ly req uired for the p u rp oses o f th at Act:
Y O U A R E H E R E B Y A U T H O R I Z E D , w ith su ch assistan ce as y o u think n ecessary, to
enter the p rem ises at
, du rin g th e hours o f
(or at
a n y tim e), i f n ecessary by force, for th e p u rp ose o f exercisin g the fu n ction s o f an au th orized
p erson u n d er sectio n 10 o f that A ct n a m ely , to search for, in sp ect, take extracts from an d m ak e
co p ies o f a n y b o o k s, d o cu m en ts or p a p ers relatin g to the slau gh ter o f live-stock in resp ect o f
w h ich ch arge is, or m a y be, p ayab le.
A N D for so d o in g , this sh all be yo u r sufficient w arrant.
D a te d this
day o f
19
Justice o f the P eace
.
325
326
N o . 96
L ive-sto ck S lau gh ter (E xport Inspection Charge)
C ollection R egu lation s
NOTE
1. Notified in the Commonwealth of Australia Gazette on 29 June 1979.
1979