Slaughtering Act 1913

Consolidation SLAUGHTERING ACT 1913 [Consolidated as at 3 July 2002 on the authority of the Administrator and in accordance with the Enactments Reprinting Act 1980] TABLE OF PROVISIONS 1. Short title 2. Slaughterhouses 3. Public slaughterhouses 4. Licences 5. Fee for licence 6. Power to visit and inspect 7. Power to enter slaughterhouses 8. Particulars of stock slaughtered 9. Appointment of inspectors 10. Notice of slaughter to be given 10A. Examination of stock to be slaughtered 11. Production of skins to executive member 12. Power to condemn carcases 13. Regulations NORFOLK ISLAND Slaughtering Act 1913 Short title 1. (1) This Act may be cited as the Slaughtering Act 1913. (2) In this Act, unless the contrary intention appears — “stock” means bulls, cows, oxen, heifers, steers, calves, sheep and swine; “inspector” means an inspector appointed under this Act. Slaughterhouses 2. (1) Where a person slaughters stock, or causes stock to be slaughtered, in a slaughterhouse or at a place other than a public slaughterhouse or a slaughterhouse or place duly licensed under this Act, the person commits an offence punishable, upon conviction, by a fine not exceeding 5 penalty units for every head of stock so slaughtered. (2) Subsection 2(1) does not apply — (a) to the slaughtering of sheep or swine by, or on behalf of, the owner of the sheep or swine, on the premises of the owner and for consumption by the owner, the members of his family or persons employed by him; and (b) to the slaughtering of stock otherwise than in a public slaughterhouse or a licensed slaughterhouse or licensed place if — (i) the slaughtering is carried out in the presence of an inspector and in accordance with a permit issued by an inspector under subsection 2(3); and (ii) as soon as practicable after the stock are slaughtered, the carcases of the stock are taken to be dressed, at a public slaughterhouse, licensed slaughterhouse or licensed place. NORFOLK ISLAND 2 Slaughtering 1913 (3) An inspector may, upon application by the owner of stock, issue a permit for the slaughtering of the stock on a day and at a time and place, specified in the permit if he is satisfied — (a) that it would be dangerous or unreasonably difficult to have the stock driven to a licensed slaughterhouse or licensed place for slaughtering; and (b) that it is fit and proper for stock to be slaughtered at that time and place on that day. (4) A permit shall not be issued under subsection 2(3) for the slaughtering of stock on land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the executive member has consented in writing to the issue of the permit. Public slaughterhouses 3. It shall be lawful for the executive member, when and as he may see fit, to appoint by notification, one or more slaughterhouses within or near the town of Kingston to be a public slaughterhouse or houses. Licences 4. Every person desirous of obtaining a licence for a slaughterhouse or place for slaughtering stock, shall apply for such licence to the executive member, who may, if he considers that the applicant is of good character, and that the place is in a suitable situation, grant to such person a licence under his hand in such form as he may think fit. Fee for licence 5. Every such licence granted after the commencement of this Act shall be in force until 31 December next following such grant, and the person to whom the same is granted shall pay a fee of 13 fee units for every such licence. Power to visit and inspect 6. (1) It shall be lawful for the executive member, an inspector, the Government Medical Officer, or any constable authorised in that behalf by the executive member by writing under his hand, at any reasonable time to visit any slaughterhouse or place for slaughtering stock, and inspect the same, and any utensils and appliances used therein, and to give such directions concerning the cleansing of the same as to him may seem fit. (2) Any butcher or slaughterman, or any owner or occupier of such slaughterhouse or place, who omits or refuses to comply with such directions within such period or extended period as may be named by the person giving the directions shall, for every such omission or refusal as aforesaid, be liable to a penalty not exceeding one penalty unit. Power to enter slaughterhouses 7. It shall be lawful for the executive member, an inspector or any constable authorised in that behalf by the executive member by writing under his hand to enter at any time of the day or night any slaughterhouse or place for slaughtering stock, or reasonably suspected of being used for slaughtering stock where there is good cause to suspect that stolen stock have been or are about to be slaughtered, and to make such search and inquiry therein as may seem necessary or advisable for the discovery 1913 Slaughtering 3 of the offence and of the offender. Particulars of stock slaughtered 8. (1) Every keeper of a licensed slaughter house or place for slaughtering stock shall keep or cause to be kept, in a form approved by the executive member, a record of all stock slaughtered in the slaughter house or place, specifying the day of slaughter, the kind, colour, sex, apparent age, brands and earmarks of the stock and, if purchased, the name of the person from whom the stock has been purchased. The keeper of the slaughterhouse or place shall produce such record for the information of the executive member, or person authorised in writing in that behalf by the executive member, whenever so required, and shall transmit during the first week in each month to the executive member a return in accordance with a form approved by the executive member, containing the above particulars of the stock slaughtered in the slaughter house or place during the previous month. (2) If any such keeper contravenes or omits to perform any of the requirements of this section he shall for every such contravention or omission be liable to a penalty not exceeding one penalty unit. (3) For the purposes of subsection 8(1), stock slaughtered shall be deemed to include stock previously slaughtered which has been brought to the slaughter house or place to be dressed. Appointment of inspectors 9. The executive member may appoint such inspectors for the purposes of this Act as he deems necessary. Notice of slaughter to be given 10. (1) Subject to subsection 10(2), a person who — (a) slaughters stock without having given to an inspector 12 hours notice in writing of his intention so to do, being a notice specifying the number of stock to be slaughtered and the time and place of the intended slaughtering; or (b) slaughters stock before the inspector has carried out the examination of the stock referred to in section 10A, commits an offence punishable, upon conviction, by a fine not exceeding 5 penalty units for each head of stock so slaughtered. (2) Where, in any proceedings in respect of an offence against subsection 10(1), the Court in which the proceedings are taken is satisfied that, by reason of unforeseen or exceptional circumstances, the notice required by that subsection could not be given, the Court shall dismiss the charge. (3) Any person who has slaughtered stock in circumstances to which subsection 10(2) applies shall forthwith notify the inspector of the stock slaughtered specifying the time and place of slaughter and shall keep the skins and ears of the stock for 3 days for production to the inspector on demand within that time at the place of slaughter. Penalty: 2 penalty units for each animal in respect of which an offence against this subsection is committed. 4 Slaughtering 1913 Examination of stock to be slaughtered 10A. (1) An inspector shall examine any stock intended to be slaughtered before the stock is slaughtered and shall enter in a book kept by him for the purpose particulars of the stock examined by him, including its colour, marks, brand, sex and apparent age, the name of its owner and the date on which, and time and place at which, it is intended to be slaughtered. (2) An inspector who is present at the slaughtering of stock shall — (a) if he examined the stock in accordance with subsection 10A(1) - enter in the book referred to in that subsection, in relation to the entry of particulars of the stock, the date on which, and the time and place at which, it is slaughtered in his presence; or (b) in any other case - enter in the book kept by him for the purposes of subsection 10A(1) particulars of the stock, including its colour, marks, brand, sex and apparent age, the name of its owner, the name of the inspector who examined it in accordance with subsection 10A(1) and the date on which, and the time and place at which, it is slaughtered in his presence. (3) The following fees are payable in respect of stock examined under subsection 10A(1): (a) sheep or swine - 0.40 fee unit per head; (b) other stock - 0.60 fee unit per head. (4) An inspector may, at any reasonable time, enter on land for the purposes of subsection 10A(1) or 10A(2). (5) A person shall not refuse entry to, or delay or obstruct the entry of, an inspector on land for the purpose of carrying out his functions under subsection 10A(1) or 10A(2). (6) For the purposes of subsections 10A(4) and 10A(5), “land” includes a public slaughterhouse or a licensed slaughter house or licensed place for slaughtering stock. Production of skins to executive member 11. The executive member may demand of any person the production of the skins of any stock slaughtered by that person within one month prior to the date of the demand, and if the skins have been sold or otherwise disposed of by that person, the executive member may demand of him full particulars of the sale or other disposal. Penalty: For any failure or refusal to comply with a demand made under this section: 2 penalty units. Power to condemn carcases 12. (1) An inspector, or any person thereto authorised in writing by the executive member, may condemn — (a) any carcase or portion of a carcase or any organ which is in his opinion diseased or unfit for human consumption; and (b) any meat which has suffered deterioration by exposure to flies, dust or weather conditions, or by contact with unclean surfaces, or which 1913 Slaughtering 5 is in a state of putrefaction or decomposition. (2) An inspector or any person thereto authorised in writing by the executive member, may seize and destroy or otherwise dispose of any meat so condemned and the owner thereof 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: 10 penalty units. Regulations 13. The Administrator 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. NOTES The Slaughtering Act 1913 as shown in this consolidation comprises Act No. 27 of 1913 and amendments as indicated in the Tables below. Enactment Number and year Date of commencement Application saving or transitional provision Slaughtering Law 1913 27, 1913 24.12.13 Slaughtering Act 1923 7, 1923 15.1.24 Ordinances Revision Act 1934 8, 1934 17.7.34 Slaughtering Act 1934 9, 1934 17.7.34 Slaughtering Act 1935 2, 1935 28.3.35 Slaughtering Act 1936 10, 1936 31.3.36 Slaughtering Act 1948 1, 1948 20.2.48 Slaughtering Act 1954 6, 1954 6.4.54 Slaughtering Act 1960 1, 1960 18.2.60 Amendments Incorporation Act 1963 2, 1963 28.3.63 Ordinances Revision Act 1964 6, 1964 30.6.64 6 Slaughtering Act 1964 9, 1964 10.9.64 Fees Act 1976 3, 1976 31.5.76 6 Slaughtering 1913 Enactment Number and year Date of commencement Application saving or transitional provision Ordinances Citation Act 1976 11, 1976 25.11.76 Ordinances Revision Act 1979 13, 1979 7.8.79 5 Ordinances Revision (Executive Members) Act 1980 8, 1980 6.11.81 5 Ordinances Revision (Decimal Currency) Act 1980 31, 1980 15.1.81 Slaughtering (Amendment) Act 1984 19, 1984 20.12.84 Statute Law Revision (Penalties and Fees) Act 1984 9, 1985 13.5.85 4 Statutes Amendment (Fees) (No. 2) Act 1999 17, 1999 17.7.00 Table of Amendments ad = added or inserted am = amended rep = repealed rs = repealed and substituted Provisions affected How affected 1 am 9, 1934; 2, 1935; 2, 1963; 6, 1964; 3, 1976; 11, 1976 2 rs 9, 1964 am 8, 1980; 31, 1980; 9, 1985 3 am 9, 1934; 8, 1980 4 am 8, 1934; 9, 1934; 8, 1980 5 am 8, 1934; 6, 1954; 6, 1964; 3, 1976; 9, 1985; 17, 1999 6 am 9, 1934; 8, 1980; 31, 1980; 19, 1984; 9, 1985 7 am 9, 1934; 8, 1980; 19, 1984 8 rs 1, 1948 am 8, 1980; 9, 1985 8(3) ad 1, 1960 9 ad 7, 1923 rs 9, 1964 am 8, 1980 10(1) ad 7, 1923 rs 9, 1964 am 31, 1980; 9, 1985 10(2) ad 7, 1923 am 10, 1936 10(3) ad 7, 1923 1913 Slaughtering 7 am 9, 1934; 9, 1964; 31, 1980; 9, 1985 10A(1), 10A(2) ad 9, 1964 10A(3) ad 3, 1976 rs 9, 1985 am 17, 1999 10A(4) – 10A(6) ad 19, 1984 11 ad 7, 1923 am 9, 1934; 9, 1964; 8, 1980; 31, 1980; 9, 1985 12 ad 9, 1934 am 9, 1964; 8, 1980; 31, 1980; 9, 1985 13 ad 9, 1934 am 13, 1979 © Norfolk Island Government 2005 The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.