AUSTRALIAN MEAT AND LIVE STOCK CORPORATION ACT 1977 No. 67, 1977
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - TABLE OF PROVISIONS
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Repeal and savings 4. Objects 5. Interpretation PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION 6. Australian Meat and Live-stock Corporation 7. Functions of Corporation 8. Powers generally 9. Trading power 10. Controls over the export of meat and live-stock 11. Licences subject to conditions 12. Cancellation and suspension of licences 13. Meat quotas 14. Contracts for shipment of meat and live-stock 15. Other powers 16. Committees PART III-CONSTITUTION AND MEETINGS OF THE CORPORATION 17. Nature of Corporation 18. Membership of Corporation 19. Members representing live-stock producers 20. Member representing exporters 21. Other members 22. Term of office of members 23. Deputy Chairman 24. Acting Chairman 25. Deputies of members 26. Remuneration and allowances 27. Leave of absence 28. Resignation of members 29. Termination of appointments 30. Meetings of the Corporation PART IV-STAFF 31. Officers and employees 32. Officers and employees of Board 33. Rights of public servants appointed or employed under this Act PART V-FINANCE 34. Payments to the Corporation 35. Borrowing 36. Bank account 37. Application of moneys of Corporation 38. Proper accounts to be kept 39. Audit 40. Liability to taxation PART VI-CONSULTATIVE GROUPS 41. Establishment of Consultative Groups and Australian Meat Industry Conference 42. Functions 43. Constitution and meetings of bodies 44. Corporation to consult with bodies 45. Corporation to hold annual discussions with Conference 46. Corporation may provide clerical assistance PART VII-MISCELLANEOUS 47. Corporation may require information 48. Delegation
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49. Annual report and financial statements 50. Offences 51. Operation of other Acts not affected 52. Regulations AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 1. Short title.
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 An Act to establish an Australian Meat and Live-stock Corporation, and for other purposes. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:- PART I-PRELIMINARY 1. This Act may be cited as the Australian Meat and Live-stock Corporation Act 1977.*1* AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 2. Commencement.
2. (1) Sections 1, 2, 4, 5, 6, 17, 18, 19, 20, 21, 22, 41, 42, 43 and 52 shall come into operation on the day on which this Act receives the Royal Assent.*1* (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation. AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 3. Repeal and savings.
3. (1) The following Acts are repealed:- Meat Industry Act 1964; Meat Industry Act 1965; Meat Industry Act 1969. (2) Upon the commencing date- (a) any rights, property or assets that immediately before that date were vested in the Board are, by force of this sub-section, vested in the Corporation; and (b) the Corporation becomes, by force of this sub-section, liable to pay and discharge any debts, liabilities or obligations of the Board that existed immediately before that date. (3) An arrangement or contract entered into by or on behalf of the Board as a party and in force immediately before the commencing date continues in force, notwithstanding the repeal of the Acts specified in sub-section (1), but that arrangement or contract has effect, on and after the commencing date, as if- (a) the Corporation were substituted for the Board as a party to the arrangement or contract; and (b) any reference in the arrangement or contract to the Board were (except in relation to matters that occurred before that date) a reference to the Corporation. (4) An instrument or document that the Secretary to the Department of Primary Industry or an officer of that Department authorized by him in writing for the purpose of this sub-section certifies to have been made, executed or given by reason of, or for a purpose connected with or arising out of, the operation of this section is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory. (5) Where, immediately before the commencing date, proceedings to which the Board was a party were pending in any court, the Corporation is, by force of this sub-section, substituted for the Board as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted. (6) The Corporation shall, as soon as practicable after the commencing date, prepare and furnish to the Minister a report of the operations of the Board during the period that commenced on 1 July 1977 and ended immediately before the commencing date (in sub-section (7) referred to as the ''final period''), together with financial statements in respect of that period in such form as the Treasurer approves. (7) Before furnishing the financial statements to the Minister, the Corporation shall submit them to the Auditor-General, who shall report to the Minister- (a) whether the statements are based on proper accounts and records; (b) whether the statements are in agreement with the accounts and records and show fairly the financial operations and state of affairs of the Board;
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(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Board during the final period have been in accordance with the repealed Acts; and (d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister. (8) The Minister shall cause copies of the report and financial statements referred to in sub-section (6), together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister. (9) If the Board does not prepare and furnish to the Minister before the commencing date a report of the operations of the Board during the year that commenced on 1 July 1976, together with financial statements in respect of that year in such form as the Treasurer approves, the Corporation shall, as soon as practicable after the commencing date, prepare and furnish such a report to the Minister, together with financial statements in respect of that period, and sub-sections (7) and (8) apply to and in relation to that report and those financial statements in like manner as they apply to and in relation to the report and financial statements referred to in sub-section (6). (10) The persons who, immediately before the commencing date, were members of the Board shall furnish to the Corporation such information as is necessary to enable the Corporation to prepare the report and financial statements referred to in sub-section (6) and the report and financial statements (if any) required by sub-section (9). AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 4. Objects.
4. (1) The objects of this Act are- (a) to promote and control the export of meat and live-stock from Australia; (b) to promote and control the sale and distribution, after export, of Australian meat and live-stock; (c) to promote trade and commerce in meat and live-stock among the States, between States and Territories and within the Territories; and (d) to improve the production of meat and live-stock, and encourage the consumption of meat, in the Territories, and this Act shall be construed and administered accordingly. (2) The Corporation shall perform its functions or exercise its powers only for the purpose of achieving an object specified in sub- section (1). AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 5. Interpretation.
5. In this Act, unless the contrary intention appears- ''approved bank'' means a trading bank as defined by sub-section 5 (1) of the Banking Act 1959 or another bank approved by the Treasurer; ''Board'' means the Australian Meat Board referred to in section 7 of the Meat Industry Act 1964; ''cattle'' means bovine animals other than buffaloes; ''Chairman'' means the Chairman of the Corporation; ''commencing date'' means the date fixed under sub-section 2 (2); ''Corporation'' means the Australian Meat and Live-stock Corporation established by section 6; ''Deputy Chairman'' means the Deputy Chairman of the Corporation; ''edible offal'' means any edible portion, other than the flesh, of cattle, buffaloes, sheep, lambs, goats or other prescribed animals; ''exporter'' means a person engaged in the business of exporting meat or live-stock or meat and live-stock; ''Exporter and Abattoir Consultative Group'' means the Meat and Live-stock Exporters and Abattoir Operators Consultative Group established by section 41; ''licensee'' means the holder of a licence granted under, or continued in force by, section 10, being a licence that is in force; ''live-stock'' means cattle, buffaloes, sheep, lambs, goats or other prescribed animals;
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''live-stock producer'' means a person engaged in the raising or fattening of cattle, buffaloes, sheep, lambs, goats or other prescribed animals; ''meat'' means the flesh, whether fresh or preserved, of cattle, buffaloes, sheep, lambs, goats or other prescribed animals, and includes meat products and edible offal; ''meat product'' means food prepared from or containing meat, and includes canned meat; ''member'' means a member of the Corporation; ''Producer Consultative Group'' means the Live-stock Producers Consultative Group established by section 41; ''Territory'' means an internal Territory. AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 6. Australian Meat and Live-stock Corporation.
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION 6. There is established by this section a Corporation by the name of the Australian Meat and Live-stock Corporation. AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 7. Functions of Corporation.
7. The functions of the Corporation are- (a) to improve the production of meat and live-stock in Australia; (b) to encourage and promote the consumption and sale of Australian meat, and the sale of Australian live-stock, both in Australia and overseas; (c) to encourage, assist, promote and control the export of meat and live-stock from Australia; (d) to make reports and suggestions to, and to formulate plans for the consideration of, the Minister with respect to- (i) the quality, standards and grading of any particular class or kind of meat or live-stock to be exported from Australia; and (ii) any other matter affecting the meat industry, including any other matter relating to the export of meat or live-stock from Australia or the sale and distribution, after export, of Australian meat or live-stock; (e) to make recommendations to the Minister- (i) with respect to the making of regulations for the purposes of section 11; and (ii) with respect to the making, under any other Act, of regulations prescribing a rate of levy on the slaughter of live-stock or a rate of charge on the export of live-stock; and (f) such other functions, in connexion with meat and live-stock, as are conferred on the Corporation by this Act or the regulations. AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 8. Powers generally.
8. (1) Subject to sub-section (2), the Corporation has power to do all things that are necessary or convenient to be done for, or in connexion with, the performance of its functions. (2) Except with the approval of the Minister, the Corporation shall not enter into a contract or agreement in connexion with the purchase of real or personal property, not being meat or live-stock, for an amount exceeding $100,000 or, if a higher amount is prescribed, that higher amount. (3) The powers of the Corporation in relation to the functions of the Corporation referred to in paragraphs 7 (b) and (c) extend to the doing of such things as the Corporation thinks fit in order to improve- (a) the quality of Australian meat and live-stock; (b) the methods of production, storage, transport and marketing of Australian meat; and (c) the methods of production, transport and marketing of Australian live-stock. AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 9. Trading power.
9. (1) Without limiting the generality of section 8, the Corporation may- (a) purchase meat or live-stock; or
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(b) export, or sell for export, meat or live-stock owned by the Corporation. (2) The Corporation may adopt such policy as it determines with respect to the exercise by it of the powers conferred on it by sub-section (1), and shall not exercise those powers otherwise than in accordance with the policy adopted, or last adopted, by it. (3) Where the Corporation adopts a policy, including an altered policy, with respect to the exercise of the powers conferred on it by sub-section (1), the Corporation shall inform the Minister of the policy it has adopted and of its reasons for adopting that policy. (4) Except with the approval of the Minister, the Corporation shall not engage in trade otherwise than in a manner that accords with commercial practice. AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION ACT 1977 No. 67 of 1977 - SECT. 10. Controls over the export of meat and live-stock.
10. (1) For the purpose of enabling the Corporation effectively to control the export, and the sale and distribution, after export, of meat and live-stock, the export of meat and live-stock from Australia by a person (including a State and an authority of a State) other that the Corporation is prohibited- (a) unless the person holds a licence granted under this section; and (b) unless the person complies with the conditions and restrictions to which the licence is from time to time subject. (2) The Corporation may grant a licence under this section to a person to export meat or live-stock from Australia. (3) The Corporation shall cause notice of the granting of every licence under this section to be published in the Gazette within 1 month after the date on which the licence is granted. (4) Where the Corporation refuses an application for a licence under this section, the Corporation shall forthwith inform the applicant in writing of the refusal. (5) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Corporation refusing applications for licences under this section.