NORFOLK ISLAND
Slaughtering Act 1913
No. 27, 1913
Compilation No. 2
Compilation date: 13 August 2019
Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015
(No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)
NORFOLK ISLAND
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 Minister
12. Power to condemn carcases
13. Regulations
NORFOLK ISLAND
Slaughtering Act 1913
_______________________________________________________________________ |
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.
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.
(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 that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer has consented in writing to the issue of the permit.
3. It shall be lawful for the Chief Executive Officer, 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.
4. Every person desirous of obtaining a licence for a slaughterhouse or place for slaughtering stock, shall apply for such licence to the Chief Executive Officer, 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.
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 the approved fee for every such licence.
6. (1) It shall be lawful for the Chief Executive Officer, an inspector, or any constable authorised in that behalf by the Chief Executive Officer 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.
7. It shall be lawful for the Chief Executive Officer, an inspector or any constable authorised in that behalf by the Chief Executive Officer 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 of the offence and of the offender.
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 Chief Executive Officer, 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 Chief Executive Officer, or person authorised in writing in that behalf by the Chief Executive Officer, whenever so required, and shall transmit during the first week in each month to the Chief Executive Officer a return in accordance with a form approved by the Chief Executive Officer, 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.
9. The Chief Executive Officer may appoint such inspectors for the purposes of this Act as he deems necessary.
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.
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 approved fee is payable for the examination of stock under subsection 10A(1).
(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.
11. The Chief Executive Officer 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 Chief Executive Officer 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.
12. (1) An inspector, or any person thereto authorised in writing by the Chief Executive Officer, 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 is in a state of putrefaction or decomposition.
(2) An inspector or any person thereto authorised in writing by the Chief Executive Officer, 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.
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.
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 |
|
|
|
|
|
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 |
|
[previously consolidated as at 3 July 2002] | |||
|
|
|
|
Interpretation (Amendment) Act 2012 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member] | 14, 2012 | 28.12.12 |
|
Ordinance | Registration | Commencement | Application, saving and transitional provisions |
Norfolk Island Continued Laws Amendment Ordinance 2015 | 17 June 2015 (F2015L00835) | 18 June 2015 (s 2(1) item 1) | Sch 1 (items 344, 345, 382–396) |
as amended by |
|
|
|
Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018 | 28 Sept 2018 (F2018L01378) | Sch 1 (item 53): 29 Sept 2018 (s 2(1) item 1) | — |
Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 | 12 Aug 2019 (F2019L01048) | Sch 1 (items 84, 85): 13 Aug 2019 (s 2(1) item 1) | — |
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; Ord No 2, 2015 (as am by F2018L01378) | |||
3 | am | 9, 1934; 8, 1980; Ord No 2, 2015 (as am by F2018L01378) | |||
4 | am | 8, 1934; 9, 1934; 8, 1980; Ord No 2, 2015 (as am by F2018L01378) | |||
5 | am | 8, 1934; 6, 1954; 6, 1964; 3, 1976; 9, 1985; 17, 1999; Ord No 2, 2015 (as am by F2019L01048) | |||
6 | am | 9, 1934; 8, 1980; 31, 1980; 19, 1984; 9, 1985; Ord No 2, 2015 (as am by F2018L01378) | |||
7 | am | 9, 1934; 8, 1980; 19, 1984; Ord No 2, 2015 (as am by F2018L01378) | |||
8 | rs | 1, 1948 | |||
| am | 1, 1960, 8, 1980; 9, 1985; Ord No 2, 2015 (as am by F2018L01378) | |||
9 | ad | 7, 1923 | |||
| rs | 9, 1964 | |||
| am | 8, 1980; Ord No 2, 2015 (as am by F2018L01378) | |||
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 | |||
| 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 | |||
| rs | Ord No 2, 2015 (as am by F2019L01048) | |||
10A(4) – 10A(6) | ad | 19, 1984 | |||
11 | ad | 7, 1923 | |||
| am | 9, 1934; 9, 1964; 8, 1980; 31, 1980; 9, 1985; Ord No 2, 2015 (as am by F2018L01378) | |||
12 | ad | 9, 1934 | |||
| am | 9, 1964; 8, 1980; 31, 1980; 9, 1985; Ord No 2, 2015 (as am by F2018L01378) | |||
13 | ad | 9, 1934 | |||
| am | 13, 1979 | |||