An Act to provide for the regulation and control of the meat industry in New South Wales; to constitute and define the functions of the New South Wales Meat Industry Consultative Council; and to repeal the Meat Industry Authority Act 1970 and the Meat Industry Act 1915.
long title: Am 1978 No 150, Sch 1 (1); 1991 No 45, Sch 1 (1); 1998 No 128, Sch 3 [1].
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Meat Industry Act 1978.
2 Commencement
(1) This section, section 1 and so much of this Act as is necessary to be in force for the purpose of the constitution of the roll referred to in section 45 (1) (e), and the conduct of any election of members of the Authority as first constituted or for any purpose incidental thereto shall commence on the date of assent to this Act.(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Definition
In this Act, the Food Authority means the NSW Food Authority constituted by the Food Act 2003.s 3: Am 1978 No 150, Sch 1 (2); 1981 No 83, Sch 1; 1983 No 49, Sch 1 (1). Rep 1985 No 171, Sch 2 (1). Ins 2004 No 16, Sch 2.7 [1].
4–8 (Repealed)
s 4: Am 1978 No 54, sec 6A (4); 1978 No 150, Sch 1 (3); 1979 No 122, Sch 1 (1); 1983 No 49, Schs 2 (1), 4 (1); 1985 No 171, Sch 1 (1); 1990 No 77, Sch 2 (1); 1991 No 45, Sch 1 (2); 1992 No 85, Sch 1 (1); 1992 No 111, Sch 1; 1995 No 11, Sch 1, 1998 No 128, Sch 3 [2] [3] (am 2000 No 53, Sch 1.8 [1] [2]; 1998 No 129, Sch 1 [1]–[8] [9] (am 1999 No 31, Sch 1.24 [1] [2] [10]; 1999 No 85, Sch 1.19 [1]. Rep 2004 No 16, Sch 2.7 [2].
s 5: Rep 2004 No 16, Sch 2.7 [2].
s 6: Am 1987 No 48, Sch 32. Rep 2004 No 16, Sch 2.7 [2].
s 6A: Ins 2000 No 53, Sch 1.16. Am 1978 No 54, sec 6A (4). Rep 2004 No 16, Sch 2.7 [2].
s 6B: Ins 2000 No 53, Sch 1.16. Am 2003 No 40, Sch 1.28 [1]. Rep 2004 No 16, Sch 2.7 [2].
s 7: Rep 2004 No 16, Sch 2.7 [2].
s 8: Rep 1998 No 128, Sch 3 [4].
pt 2: Rep 1978 No 54, sec 6A (4).
Parts 2–5
9–59 (Repealed)
s 9: Am 1983 No 49, Sch 2 (2); 1992 No 85, Sch 1 (2); 1998 No 129, Sch 1 [12]. Rep 1978 No 54, sec 6A (4).
s 10: Am 1983 No 49, Schs 2 (3), 3 (1); 1985 No 171, Sch 2 (2); 1992 No 85, Sch 1 (3); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [13]–[15]. Rep 1978 No 54, sec 6A (4).
s 11: Am 1979 No 122, Sch 1 (2); 1983 No 49, Sch 2 (4); 1990 No 46, Sch 1; 1998 No 129, Sch 1 [16]. Rep 1978 No 54, sec 6A (4).
s 11A: Ins 1979 No 122, Sch 1 (3). Am 1983 No 49, Schs 2 (5), 4 (2); 1990 No 46, Sch 1; 1998 No 129, Sch 1 [17] [18]. Rep 1978 No 54, sec 6A (4).
s 11B: Ins 1979 No 122, Sch 1 (3). Rep 1978 No 54, sec 6A (4).
s 11C: Ins 1979 No 122, Sch 1 (3). Subst 1998 No 129, Sch 1 [19]. Rep 1978 No 54, sec 6A (4).
s 11D: Ins 1979 No 122, Sch 1 (3). Am 1998 No 129, Sch 1 [20] [21]. Rep 1978 No 54, sec 6A (4).
s 12: Am 1992 No 112, Sch 1; 1998 No 129, Sch 1 [22]. Rep 1978 No 54, sec 6A (4).
s 13: Rep 1979 No 122, Sch 1 (4).
s 15: Am 1983 No 49, Schs 2 (6), 3 (2); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [23]. Rep 1978 No 54, sec 6A (4).
s 16: Am 1979 No 122, Sch 1 (5); 1998 No 129, Sch 1 [24] [25]. Rep 1978 No 54, sec 6A (4).
s 17: Am 1979 No 122, Sch 1 (6). Rep 1978 No 54, sec 6A (4).
pt 3: Rep 1978 No 54, sec 6A (4).
pt 3, div 1, hdg: Am 1998 No 129, Sch 1 [26]. Rep 1978 No 54, sec 6A (4).
s 18: Am 1983 No 49, Schs 1 (2), 4 (3), (4); 1998 No 129, Sch 1 [27]–[29]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 19: Am 1983 No 49, Schs 2 (6), 4 (5); 1998 No 129, Sch 1 [30]–[33]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 20: Am 1998 No 129, Sch 1 [34]–[36]. Rep 1978 No 54, sec 6A (4).
s 21: Am 1983 No 49, Schs 2 (7), 3 (3); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [37]–[40]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 22: Am 1983 No 49, Schs 3 (4), 4 (6); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [41]–[43]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 22A: Ins 1983 No 49, Sch 2 (8). Am 1992 No 112, Sch 1; 1998 No 129, Sch 1 [44] [45]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 22B: Ins 1983 No 49, Sch 2 (8). Am 1992 No 112, Sch 1; 1998 No 129, Sch 1 [46] [47]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 22C: Ins 1998 No 129, Sch 1 [48]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 23: Am 1983 No 49, Sch 3 (4); 1992 No 112, Sch 1. Subst 1998 No 129, Sch 1 [49]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 24: Am 1983 No 49, Sch 3 (4); 1992 No 112, Sch 1. Subst 1998 No 129, Sch 1 [49]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 24A: Ins 1998 No 129, Sch 1 [49]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 25: Am 1983 No 49, Sch 3 (5); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [50]–[52]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 26: Am 1983 No 49, Sch 2 (9); 1992 No 85, Sch 1 (4); 1998 No 129, Sch 1 [53] [54]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 27: Am 1983 No 49, Sch 2 (10). Rep 1998 No 129, Sch 1 [55].
s 28: Am 1983 No 49, Sch 3 (4); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [56] [57]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 29: Am 1983 No 49, Sch 4 (7); 1998 No 129, Sch 1 [54] [58]–[60]; 2001 No 121, Sch 2.145. Rep 1978 No 54, sec 6A (4).
s 29A: Ins 1998 No 129, Sch 1 [61]. Rep 1978 No 54, sec 6A (4).
pt 3, div 2: Rep 1998 No 129, Sch 1 [62].
s 30: Am 1983 No 49, Sch 4 (4). Rep 1998 No 129, Sch 1 [62].
s 31: Rep 1998 No 129, Sch 1 [62].
s 32: Rep 1998 No 129, Sch 1 [62].
pt 3, div 3, hdg: Subst 1998 No 129, Sch 1 [63]. Rep 1978 No 54, sec 6A (4).
s 33: Rep 1998 No 129, Sch 1 [64].
s 34: Subst 1998 No 129, Sch 1 [65]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 35: Am 1983 No 49, Sch 2 (11). Rep 1978 No 54, sec 6A (4).
s 36: Rep 1978 No 54, sec 6A (4).
s 37: Am 1983 No 49, Sch 3 (6); 1992 No 112, Sch 1. Rep 1978 No 54, sec 6A (4).
s 38: Am 1983 No 49, Sch 3 (6); 1992 No 112, Sch 1. Rep 1978 No 54, sec 6A (4).
s 39: Am 1983 No 49, Sch 3 (6); 1989 No 33, Sch 1 (1); 1992 No 112, Sch 1. Rep 1978 No 54, sec 6A (4).
s 40: Am 1983 No 49, Sch 3 (7); 1992 No 112, Sch 1. Rep 1978 No 54, sec 6A (4).
pt 3, div 3A (ss 40A–40C): Ins 1998 No 129, Sch 1 [66]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
pt 3, div 4: Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 41: Am 1983 No 49, Schs 2 (12), 3 (4); 1989 No 33, Sch 1 (2); 1992 No 85, Sch 1 (5); 1992 No 112, Sch 1; 1995 No 101, Sch 6; 1998 No 129, Sch 1 [67]–[73]; 1999 No 85, Sch 1.19 [2]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 41A: Ins 1989 No 33, Sch 1 (3). Am 1992 No 85, Sch 1 (6); 1995 No 101, Sch 6; 1998 No 129, Sch 1 [74]–[81]; 1999 No 85, Sch 1.19 [3]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 42: Am 1983 No 49, Schs 2 (13), 3 (4), 4 (8); 1992 No 85, Sch 1 (7); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [82]–[84]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
s 43: Am 1980 No 36, sec 3; 1983 No 49, Sch 3 (8); 1992 No 85, Sch 1 (8); 1992 No 112, Sch 1. Subst 1998 No 129, Sch 1 [85]. Rep 1998 No 128, Sch 3 [6] (am 2000 No 53, Sch 1.8 [4]).
pt 3, div 5 (ss 43A, 43B): Ins 1983 No 49, Sch 1 (3). Rep 1998 No 129, Sch 1 [86].
pt 4, hdg: Subst 1998 No 128, Sch 3 [7]. Rep 2004 No 16, Sch 2.7 [3].
s 44: Rep 1998 No 128, Sch 3 [8].
s 45: Subst 1998 No 129, Sch 1 [87]. Am 1999 No 51, Sch 1 [1] [2]. Rep 1998 No 128, Sch 3 [9].
s 46: Am 1978 No 150, Schs 1 (4), 2, Part 1; 1979 No 122, Sch 1 (7); 1983 No 49, Sch 2 (14); 1989 No 33, Sch 1 (4); 1990 No 77, Sch 2 (2); 1991 No 45, Sch 1 (4); 1992 No 85, Sch 1 (9); 1995 No 11, Sch 1; 1998 No 128, Sch 3 [10]–[14]; 1998 No 129, Sch 1 [88]–[92]. Rep 2002 No 112, Sch 3.
pt 5, hdg: Am 1978 No 150, Sch 1 (5). Rep 1991 No 45, Sch 1 (3). Ins 1998 No 128, Sch 3 [16]. Rep 2004 No 16, Sch 2.7 [4].
pt 5: Rep 2004 No 16, Sch 2.7 [4].
s 47: Rep 1998 No 128, Sch 3 [15]. Ins 1998 No 128, Sch 3 [16] (am 1999 No 31, Sch 1.15 [1] [2]; 1999 No 51, Sch 2). Rep 2004 No 16, Sch 2.7 [4].
s 48: Am 1983 No 49, Sch 4 (3); 1998 No 129, Sch 1 [93] [94]. Rep 1998 No 128, Sch 3 [15]. Ins 1998 No 128, Sch 3 [16]. Rep 2004 No 16, Sch 2.7 [4].
s 49: Rep 1998 No 128, Sch 3 [15]. Ins 1998 No 128, Sch 3 [16]. Rep 2004 No 16, Sch 2.7 [4].
s 50: Rep 1998 No 128, Sch 3 [15].
s 51: Am 1978 No 150, Schs 1 (6), 2, Part 1. Rep 1991 No 45, Sch 1 (3).
s 52: Am 1978 No 150, Sch 1 (7). Rep 1991 No 45, Sch 1 (3).
s 53: Am 1978 No 150, Sch 2. Rep 1991 No 45, Sch 1 (3).
s 54: Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (3).
s 55: Am 1978 No 150, Schs 1 (8), 2; 1983 No 49, Sch 4 (3); 1984 No 10, Sch 1; 1989 No 105, Sch 1. Rep 1991 No 45, Sch 1 (3).
s 56: Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (3).
s 57: Am 1978 No 150, Sch 2, Part 1. Subst 1982 No 46, sec 2. Rep 1991 No 45, Sch 1 (3).
s 58: Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (3).
s 59: Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (3).
Part 5A Meat industry levy
pt 5A: Ins 1985 No 171, Sch 1 (2).
Division 1 Amount of meat industry levy
pt 5A, div 1, hdg: Ins 1985 No 171, Sch 1 (2).
59A Meat industry levy
(1) In respect of a year commencing on 1 January, a meat industry levy shall be payable to the Food Authority by every occupier of land liable to pay an animal health rate in respect of that year under the Rural Lands Protection Act 1998.(2) The amount of the levy payable by an occupier under subsection (1) is:(a) the sum of $5 together with an amount calculated at the rate of 0.9 cents (or such other rate as may be prescribed) for each stock unit of the notional carrying capacity of the land, as assessed by or under the Rural Lands Protection Act 1998, in respect of which the animal health rate is payable, orwhichever is the lesser amount.(b) $100 (or such other amount as may be prescribed),(3) Notice of the amount of the meat industry levy payable under this section shall be given by service of a written notice on the occupier not later than the prescribed date in each year and may be given by the Food Authority or its agent.(4) Where an occupier of land is liable to pay 2 or more animal health rates in respect of any land within the same district within the meaning of the Rural Lands Protection Act 1998, the amount of the meat industry levy payable may, on the application of the occupier to the Food Authority or its agent, be calculated in relation to the combined notional carrying capacity of each area of land in respect of which an animal health rate is payable.(5) Where an occupier of land within the same or different districts within the meaning of the Rural Lands Protection Act 1998 pays to the Food Authority or its agents meat industry levies in respect of different parcels of land the total of which exceed $100 or, if an amount is prescribed for the purposes of subsection (2) (b), that amount, the Food Authority or its agent shall, on the application of the occupier, refund to the occupier the amount of the excess.s 59A: Ins 1985 No 171, Sch 1 (2). Am 1990 No 77, Sch 1; 1998 No 128, Sch 3 [17]; 1998 No 143, Sch 6.14 [1]–[3]; 2004 No 16, Sch 2.7 [5].
59B Irregularity
If for any reason notice of the amount of the meat industry levy is not given within or by the time prescribed under this Act, the Minister may extend the time for the giving of the notice.s 59B: Ins 1985 No 171, Sch 1 (2).
Division 2 Liability for meat industry levy
pt 5A, div 2, hdg: Ins 1985 No 171, Sch 1 (2).
59C Liability—generally
(1) Every meat industry levy shall be due and payable to and recoverable by the Food Authority or its agent after the expiration of 31 days after service of the notice referred to in section 59A.(2) The occupier of land shall be primarily liable for payment of a meat industry levy payable in respect of that land.(3) Two or more occupiers of land who hold jointly or in common shall be jointly and severally liable to the Food Authority for a meat industry levy payable in respect of that land, but as between themselves each shall be liable only for such part of the levy as is proportionate to the occupier’s interest in the land.(4) An occupier referred to in subsection (3) who pays to the Food Authority more than the occupier’s proportionate part of the meat industry levy may recover the amount of the excess by way of contribution from the other occupier or occupiers, as the case may be.(5) Where the name of the occupier liable to pay the meat industry levy is not known to the Food Authority or its agent, it shall be sufficient to levy the occupier by the designation of “occupier” without stating the occupier’s name.(6) Where the whole or part of a meat industry levy is unpaid after the expiration of 12 months after the date on which it became due and payable to and recoverable by the Food Authority or its agent, the owner of the land in respect of which the levy is payable shall be liable for payment of the unpaid levy and any interest or any other charges payable in respect of the levy.(7) A person who is liable to pay a meat industry levy shall not fail to pay the whole of the levy on or before the due date.Maximum penalty: 10 penalty units.(8) An owner referred to in subsection (6) who pays the whole or part of an unpaid meat industry levy or any interest or charges payable in respect of a levy may recover the amount paid from the occupier of the land concerned.(9) Nothing in subsection (6) affects an occupier’s liability for payment of a meat industry levy.(10) Subsection (6) does not apply to land the subject of a lease, licence or purchase from the Crown.(11) Subsections (3) and (4) apply to 2 or more owners of land liable under subsection (6) for payment of an unpaid meat industry levy as if a reference in subsections (3) and (4) to an occupier or occupiers were a reference to those owners.s 59C: Ins 1985 No 171, Sch 1 (2). Am 1992 No 112, Sch 1; 1998 No 128, Sch 3 [18]; 2004 No 16, Sch 2.7 [5].
59D Liability where an estate or interest is transferred
(1) Where a person ceases to be the occupier or owner of any land in respect of which a meat industry levy is payable, the person shall continue to be liable to the Food Authority for the levy to the same extent as if the person had continued to be the occupier or owner of the land, if the notice of the amount of the levy is given either:(a) before the person ceases to be the occupier or owner of the land, or(b) before the Food Authority or its agent has received from the person the prescribed notice under section 59E (1) of the person ceasing to be the occupier or owner of the land.(2) Where a person who ceases to be the occupier or owner of any land pays to the Food Authority or its agent any meat industry levy which becomes due and payable after the person has ceased to be the occupier or owner of the land and before the prescribed notice under section 59E (1) has been received by the Food Authority or its agent, the person may recover the amount from any person who thereafter becomes the occupier or owner, as the case may be, of the land.(3) As between successive occupiers or owners of land a meat industry levy shall be considered as accruing from day to day and shall be apportionable in respect of time accordingly.s 59D: Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [19]; 2004 No 16, Sch 2.7 [5].
59E Notice of changes in occupancy or ownership of land
(1) A person shall, within one month of ceasing to be or becoming the occupier or owner of land in respect of which a meat industry levy is payable, give the prescribed notice to the Food Authority or its agent.Maximum penalty: 5 penalty units.(2) Proceedings in respect of any offence under this section may, notwithstanding any limit of time prescribed by any Act for instituting proceedings, be commenced at any time within the period of 2 years after the commission of the offence.s 59E: Ins 1985 No 171, Sch 1 (2). Am 1992 No 112, Sch 1; 1998 No 128, Sch 3 [20]; 2004 No 16, Sch 2.7 [5].
59F Liability of person becoming occupier or owner
(1) A person who, in any year, becomes the occupier or owner of any land in respect of which a meat industry levy is due and payable for that year, shall be liable to the Food Authority for that meat industry levy and for all arrears of the levy owing by any previous occupier or owner in respect of the land, whether or not the person became the owner or occupier of the land after the meat industry levy became due and payable.(2) Subsection (1) does not affect or extend to an occupier of land the subject of a lease, licence or purchase from the Crown, where the lease or licence is granted or purchase is made after a levy referred to in that subsection is payable, whether or not the land has been previously held under a lease, licence or purchase from the Crown.(3) Any person may apply to the Food Authority for a certificate under this section as to the amount, if any, due or payable to the Food Authority by the occupier or owner of land for a meat industry levy in respect of the land or otherwise.(4) An application for a certificate referred to in subsection (3) shall be made in or to the effect of the prescribed form and shall be accompanied by the prescribed fee.(5) A certificate referred to in subsection (3) shall be in or to the effect of the prescribed form.(6) The production of a certificate referred to in subsection (3) shall be deemed to be conclusive proof in favour of a person who becomes an occupier or owner of the land to which the certificate relates that at the date of the certificate no levies, charges or sums other than those stated in the certificate were due or payable in respect of the land.(7) For the purposes of this section levies, charges or sums of money shall be deemed to be due or payable notwithstanding that the requisite period after service of any notice may not have expired.(8) If the occupier or owner of any land pays to the Food Authority or its agent any meat industry levy which accrued during the occupancy or ownership of the land by some other person, the occupier or owner may recover from that other person such proportion of the levy as accrued while that other person was the occupier or owner of the land.s 59F: Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [21]; 2004 No 16, Sch 2.7 [5].
Division 3 Recovery of meat industry levies
pt 5A, div 3, hdg: Ins 1985 No 171, Sch 1 (2).
59G Facilitation of recovery
(1) In any proceedings for the recovery of any meat industry levy, objection to the validity of the levy shall not be allowed and shall not prevent the recovery of the levy.(2) An occupier or owner desiring to object to the validity of any meat industry levy may object to its validity before a prescribed court in the prescribed manner subject to such conditions and the payment of such fees as may be prescribed.s 59G: Ins 1985 No 171, Sch 1 (2).
59H Overdue meat industry levies—extra charges
(1) Overdue meat industry levies shall be increased in accordance with this section.(2) Where the whole or part of a meat industry levy is unpaid after the expiration of 60 days from the date on which the levy became due and payable to and recoverable by the Food Authority or its agent, the amount due shall be increased by a sum calculated at the prescribed rate per cent per annum, and the increase shall be deemed to be part of the levy.(3) The calculation under subsection (2) shall be made in respect only of as many complete months as have expired between the due date and the date of payment, excluding any remaining portion of a month.(4) If in any case the percentage is less than 10 cents, the increase shall be 10 cents.(5) This section shall continue to apply to all unpaid levies notwithstanding that judgment may have been obtained in any court, including the District Court.s 59H: Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [22]; 2004 No 16, Sch 2.7 [5].
59I Recovery of meat industry levies
(1) Any meat industry levies not paid as required by this Part may be recovered by the Food Authority or its agent as a debt in any court of competent jurisdiction.(2) All meat industry levies due and payable by the same person, whether in respect of occupation or ownership of the same or different land, may be recovered by proceedings in one action or suit.(3) Where proceedings referred to in subsection (2) are taken in a Local Court, the proceedings may be taken in the court for the pastures protection district within which any of the land to which the proceedings relate is situated, or in the court nearest to the office of the Food Authority or its agent, or to the residence of the defendant, as the Food Authority or its agent may decide, whether the levies sought to be recovered are in respect of land occupied within the same or different districts.(4) Nothing in this section shall preclude the taking of separate proceedings, or the takings of proceedings in any Local Court available under the Civil Procedure Act 2005.s 59I: Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [23]; 2004 No 16, Sch 2.7 [5]; 2006 No 120, Sch 2.53.
Division 4 Miscellaneous
pt 5A, div 4, hdg: Ins 1985 No 171, Sch 1 (2).
59J Collection of meat industry levies
(1) The Food Authority may enter into an agreement or arrangement with an authority or the State Council within the meaning of the Rural Lands Protection Act 1998 for or with respect to the issue of notices specifying the amount of a meat industry levy and the undertaking by authorities on behalf of the Food Authority of the collection and recovery of meat industry levies.(2) Without affecting the generality of subsection (1), an agreement or arrangement referred to in subsection (1) may:(a) provide for the deduction of commission by an authority, and(b) authorise an authority to take any action or proceedings which could be taken by the Food Authority to recover unpaid meat industry levies under this Act.s 59J: Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [24] [25]; 1998 No 143, Sch 6.14 [4]; 2004 No 16, Sch 2.7 [5]–[7]; 2008 No 112, Sch 6.19 [3].
59K Waiver or refund of meat industry levies
(1) The Minister may, at the Minister’s discretion, direct the Food Authority:(a) to waive payment of any meat industry levy or part of any meat industry levy, oror both.(b) to refund to an occupier or owner any meat industry levy or part of any meat industry levy,(2) The Minister may authorise the Food Authority to write off any amount owing to it whether for meat industry levies or otherwise if the Minister is satisfied that the amount is not recoverable.s 59K: Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [26]; 2004 No 16, Sch 2.7 [5].
59L Levy book
(1) Every meat industry levy shall be entered in a prescribed levy book which shall be kept by the Food Authority or its agent in the prescribed form and manner.(2) The Food Authority or its agent may, in the prescribed manner, make or cause to be made such amendments and may remedy or cause to be remedied such omissions in the entries in the levy book kept by the Food Authority as may be necessary.(3) Except in the case of formal amendments, an amendment of the levy book kept by the Food Authority in respect of the occupier of any holding shall be deemed to be a determination by the Food Authority of the amount so payable under a levy by the occupier in respect of the holding.(4) In any proceedings for the recovery of any levy:(a) an entry in the levy book, the entry being one of a series prescribed to be made, shall be evidence of the matters recorded in the levy book, and(b) a copy of an entry in the levy book, the entry being one of a series prescribed to be made, shall be evidence of the entry and of the matters recorded in the levy book.s 59L: Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [27] [28]; 2004 No 16, Sch 2.7 [5]–[7].
59M Exemptions
(1) The regulations may exempt from the operation of all or any of the provisions of this Part any land or any person or class of persons.(2) An exemption under subsection (1) may be given unconditionally or subject to such conditions as may be prescribed in respect of the exemption.(3) Where an exemption under subsection (1) is given subject to conditions, the exemption does not have effect during any period when the conditions are not complied with.s 59M: Ins 1985 No 171, Sch 1 (2).
59N Evidence of agent
In any proceedings for the purposes of this Part, proof shall not, until evidence is given to the contrary, be required of the appointment of an agent of the Food Authority.s 59N: Ins 1985 No 171, Sch 1 (2). Am 1998 No 128, Sch 3 [29]; 2004 No 16, Sch 2.7 [5].
Part 6 Finance
60–62 (Repealed)
s 60: Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (5).
s 61: Am 1983 No 153, Sch 1. Subst 1986 No 218, Sch 24; 1991 No 45, Sch 1 (6). Rep 1998 No 128, Sch 3 [30].
s 62: Am 1983 No 49, Sch 3 (7). Rep 1983 No 153, Sch 1.
63 Investment
The Food Authority may invest money held by it under this Act in Government securities of the Commonwealth or of the State or in any securities guaranteed by the Government of the State, or on call or on fixed deposit, or partly on call and partly on fixed deposit, with the Treasurer or with any bank, building society or credit union or in such other manner as the Governor approves or as is prescribed.s 63: Am 1991 No 45, Sch 1 (7); 1996 No 24, Sch 1; 1998 No 128, Sch 3 [31]; 2004 No 16, Sch 2.7 [6].
64, 65 (Repealed)
s 64: Rep 1981 No 83, Sch 1.
s 65: Rep 1981 No 83, Sch 1.
66 Fund to be established
All money received under this Act by the Food Authority or its officers or employees, and all money appropriated by Parliament for the purposes of the functions of the Food Authority under this Act are to go to form a fund out of which may be paid:(a) the expenses of the Council, and(b) all expenses of the Food Authority in the carrying out of its functions under this Act.s 66: Am 1978 No 150, Schs 1 (9), 2, Part 1, 1979 No 122, Sch 1 (8); 1985 No 171, Sch 1 (3); 1991 No 45, Sch 1 (8); 1998 No 129, Sch 1 [95]. Subst 1998 No 128, Sch 3 [32]. Am 2004 No 16, Sch 2.7 [5].
67 Funding of operations of Food Authority
The Food Authority is to ensure, as far as is reasonably practicable, that money received by the Food Authority under this Act after the commencement of this section is used for the purposes of carrying out its functions under this Act or in connection with any food safety scheme (within the meaning of the Food Act 2003) relating to the meat industry.s 67: Am 1978 No 150, Sch 2, Part 1. Rep 1991 No 45, Sch 1 (9). Ins 1998 No 128, Sch 3 [32]. Am 2004 No 16, Sch 2.7 [6]–[8].
Part 7 Miscellaneous
68–75 (Repealed)
s 68: Subst 1983 No 49, Sch 2 (15). Rep 1998 No 128, Sch 3 [33].
s 69: Am 1995 No 11, Sch 1. Rep 1998 No 129, Sch 1 [96].
s 70: Am 1990 No 46, Sch 1. Rep 1990 No 77, Sch 2 (3).
s 71: Am 1998 No 129, Sch 1 [97]. Rep 1998 No 128, Sch 3 [33].
s 72: Am 1998 No 129, Sch 1 [98]. Rep 1998 No 128, Sch 3 [33].
s 73: Am 1978 No 150, Sch 2, Part 1; 1983 No 49, Schs 2 (16), 4 (9); 1991 No 45, Sch 1 (10); 1998 No 129, Sch 1 [99] [100]. Rep 1998 No 128, Sch 3 [33].
s 74: Am 1983 No 49, Sch 2 (17); 1998 No 129, Sch 1 [101] (am 1999 No 85, Sch 2.36) [102]–[105]; 1999 No 85, Sch 1.19 [4] [5]. Rep 1998 No 128, Sch 3 [33].
s 75: Am 1978 No 150, Sch 1 (10). Subst 1979 No 122, Sch 1 (9). Am 1983 No 49, Schs 3 (5), 4 (10); 1991 No 45, Sch 1 (11); 1992 No 112, Sch 1; 1998 No 129, Sch 1 [106] [107]. Rep 1998 No 128, Sch 3 [33].
75A Delegation by Minister
(1) The Minister may delegate to a person the exercise of any of the Minister’s functions under this Act, other than this power of delegation.(2) A delegation under this section:(a) shall be in writing,(b) may be general or limited, and(c) may be revoked, wholly or partly, by the Minister.(3) A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation.(4) A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the Minister.(5) A delegation under this section does not prevent the exercise of a function by the Minister.(6) A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.s 75A: Ins 1985 No 171, Sch 2 (3).
76 Proceedings for offences
(1) Proceedings for an offence against this Act may be dealt with before a Local Court or before the Supreme Court in its summary jurisdiction.(2) Proceedings for an offence against the regulations are to be disposed of in a summary manner before a Local Court.(3) The maximum pecuniary penalty that may be imposed by a Local Court in proceedings for an offence against this Act is 50 penalty units or the maximum penalty provided by this Act in respect of the offence, whichever is the lesser.(4) If proceedings for an offence against this Act are brought before the Supreme Court in its summary jurisdiction, the Court may impose a penalty not exceeding the maximum penalty provided by this Act in respect of the offence.s 76: Am 1978 No 150, Sch 2, Part 1; 1983 No 49, Sch 3 (9); 1991 No 45, Sch 1 (12); 1992 No 112, Sch 1, 1998 No 129, Sch 1 [108]; 1999 No 31, Sch 4.58 [1]–[4]; 1999 No 85, Sch 2.35. Rep 1998 No 128, Sch 3 [33]. Ins 2003 No 40, Sch 1.28 [2].
76A Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice is to be served personally or by post.(4) If the amount of the penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section is not an admission of liability for the purposes of, and does not affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty for an offence if dealt with under this section, and(c) prescribe different amounts of penalty for different offences or classes of offences.(7) The amount of penalty prescribed under this section for an offence may not exceed the maximum amount of penalty that could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.(9) In this section, means:(a) an inspector, or(b) a member of the Police Service.s 76A: Ins 1998 No 129, Sch 1 [109].
77 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the regulations may make provision for:(a) the form, manner of service and time of issue in any year of notices specifying the amount of a meat industry levy, or(b) objections by occupiers to the validity of a meat industry levy, or(c) all other matters incidental to the regulation of meat industry levies.(2A) The regulations may incorporate by reference, wholly or in part and with or without modification, any standards, rules, codes, specifications or methods, as in force at a particular time or as in force from time to time, prescribed or published by an authority or body (whether or not it is a New South Wales authority or body).(3) A regulation may impose a penalty not exceeding 50 penalty units for an offence against the regulations and, in addition, for a continuing offence, a daily penalty not exceeding 5 penalty units.(4) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, oror may do any combination of those things.(c) authorise any matter or thing to be from time to time determined, applied or regulated by any person or body specified or described in the regulation,s 77: Am 1978 No 150, Sch 2, Part 1; 1979 No 122, Sch 1 (10); 1983 No 49, Schs 2 (18), 3 (10); 1985 No 171, Sch 1 (4); 1989 No 33, Sch 1 (5); 1990 No 77, Sch 2 (4); 1991 No 45, Sch 1 (13); 1992 No 85, Sch 1 (10); 1992 No 112, Sch 1; 1998 No 128, Sch 3 [34]; 1998 No 129, Sch 1 [110].
78–80 (Repealed)
s 78: Am 1978 No 150, Sch 2, Part 1; 1983 No 49, Sch 3 (11); 1989 No 89, Sch 1. Rep 1991 No 45, Sch 1 (14).
s 79: Rep 1990 No 46, Sch 1.
s 80: Rep 2004 No 16, Sch 2.7 [9].
sch 1: Am 1982 No 135, Sch 1. Rep 2004 No 16, Sch 2.7 [10].
sch 2: Am 1980 No 187, Sch 1; 1983 No 49, Sch 4 (3); 1989 No 105, Sch 1. Subst 1998 No 129, Sch 1 [111] (am 1999 No 31, Sch 1.24 [3]). Am 1999 No 94, sec 7 (2) and Sch 5, Part 2. Subst 1998 No 128, Sch 3 [35]. Rep 2004 No 16, Sch 2.7 [11].
sch 3: Am 1978 No 150, Schs 1 (11), 2, Part 1; 1980 No 187, Sch 1; 1983 No 49, Sch 4 (3); 1990 No 46, Sch 1. Rep 1991 No 45, Sch 1 (15).
sch 4, hdg: Am 1978 No 150, Sch 1 (12). Rep 1998 No 129, Sch 1 [112].
sch 4: Am 1978 No 150, Sch 2. Rep 1998 No 129, Sch 1 [112].
sch 5: Am 1978 No 150, Sch 2, Part 1. Rep 1981 No 83, Sch 1.
81 Savings and transitional provisions
Schedule 6 has effect.
Schedules 1–5 (Repealed)
Schedule 6 Savings, transitional and other provisions
(Section 81)
sch 6, hdg: Subst 1998 No 129, Sch 1 [113].
1A Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
1–8 (Repealed)
sch 6: Am 1978 No 150, Schs 1 (13), 3; 1979 No 122, Sch 1 (11); 1998 No 129, Sch 1 [114] [115]; 2004 No 16, Sch 2.7 [12] [13].