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The Metropolitan Abattoirs Act.—1908.
Proclamation to be published.
EXTENSION OF THE METROPOLITAN ABATTOIRS
AREA. 78. The Governor may, by Proclamation (subject to the proviso contained in section 10), upon a request in writing being made to him by any Municipal Corporation or District Council whose Municipality or District is contiguous to the metropolitan abattoirs area that it desires to become a constituent Corporation or Council, declare that such Corporation or Council, shall be a constituent Corporation or Council, and that the provisions of this Act shall, from a date to be mentioned in such Proclamation (such date being the commencement of a financial year) apply within the Municipality or District, or portion of the Municipality or District, to be also therein mentioned, of such Corporation or District Council. Such request shall define the Municipality or District or portion of the Municipality or District under the jurisdiction of such Municipal Corporation or District Council within which it is desired that the provisions of this Act shall apply, but no such request shall be inade to the Governor until all terms and conditions are mutually agreed upon between the Board and the constituent Corporations and Councils for the time being affected by this Act, and the Municipal Corporation or District Council desiring to becoine a constituent Corporation or Council.
79. Such Proclamation shall define the Municipality or District or portion of the Municipality or District within which the provisions of this Act are to apply, and shall be published in the Government Gazette, and after the date therein fixed for the provisions of this Act to apply the Municipal Corporation or District Council named therein shall become a constituent Corporation or Council (as the case may be) and the Municipality or District or portion of the Municipality or District defined in such Proclamation shall form part of the metropolitan abattoirs area.
80. After the time fixed by Proclamation for this Act to apply to any Municipality or District or portion of any Municipality or District, all private abattoirs or slaughter-houses within the Municipality or District or portion of the Municipality or District defined in such Proclamation shall be closed by the owner, occupier, or person having the control or management thereof. And after such time as aforesaid no such Municipal Corporation or District Council shall, save as in this section provided, issue any licence or licences for the slaughtering of stock within such Municipality or District, or such portion thereof to which this Act shall be proclaimed to apply: Provided that this section shall not apply to any slaughter-house or abattoirs established, or to be established within the limits of its Municipality or District or such portion thereof as aforesaid, if such slaughter-house or abattoirs is or are used or intended to be used only for slaughtering stock for export, or for meat to be tinned or canned for export, or for curing bacon and hams.
Private abattoirs or slaughter. houses to be closed in added area.
The Metropolitan Abattoirs Act.—1908.
REGULATIONS. 81. The Board may from time to time make regulations for the Regulations. purpose of carrying into effect all or any of the objects or purposes Victorian Act, seo. 44. expressed or implied in this Act, or incidental thereto, or anywise in connection therewith ; and without limitation of or derogation from the foregoing general power, the Board may also make regulations for all or any of the following purposes:(1) Prescribing the conditions on which stock may be received
into or supplied or removed from the abattoirs :
mechanics, slaughtermen, and other officers and servants
performance of such duties:
slaughtering stock, and in dressing carcasses at the abattoirs: (4) Prescribing the time for slaughtering stock, for the feeding,
watering, and tending, and the preventing of cruelty to
milking of milch stock at the abattoirs :
veterinary surgeons, and prescribing the mode of dealing
meat found to be so affected:
and dressing carcasses:
after slaughter at the abattoirs, and for preventing the
prior to examination :
the metropolitan abattoirs area, and for prescribing what
carcasses will be received for that purpose ;
thereof: (10) Fixing the rates of slaughtering fees or of dues payable for
the use of the abattoirs and of the markets, under Part V.
of this Act, and of sustenance fees for stock:
branding of carcasses, and for giving certificates as to any
The Metropolitan Abattoirs Act.—1908.
examination of stock or any carcass or meat made by or
under the direction of an inspector: (12) Prescribing the mode of removing condemned carcasses or
meat, and of rendering the same unusable for human consumption, or for consumption by carnivorous or omnivorous animals, and of disposing of or destroying the same, and
the fees payable in respect thereof: (13) Prescribing the mode of removing, dealing with, and dis
posing of blood, offal, garbage, refuse matters, and manure from the abattoirs, and the disposal of hides, skins,
hair, hoofs, and horns of stock slaughtered thereat: (14) For securing the cleanliness and wholesomeness of carcasses
or meat from the time of slaughtering the stock until the
delivery of the same to the retail buyer: (15) For securing the cleanliness and wholesomeness of casings
used in the making up of small goods, and for preventing the admixture in small goods of substances deleterious to
health : (16) For maintaining the cleanliness of the abattoirs and of
appliances used thereat, and the cleanliness of the clothing of
persons engaged therein or slaughtering or dressing
carcasses therein: (17) For preventing persons affected with communicable disease
being employed in the handling of carcasses or meat: (18) For stopping temporarily the manufacture of and the sale of
small goods in circumstances in which danger to the consumer is apprehended owing to uncleanliness, or to the presence of infection on, about, or near the premises where
such manufacturing or sale is carried on: (19) For maintaining the cleanliness of meat markets, meat
stalls, butchers' shops, small goods manufacturing houses, or places used for selling, preserving, freezing, chilling, or storing meat, and premises appurtenant to any
of such markets, stalls, shops, houses, places, and premises, and of appliances used thereat, and for the removing of blood, offal, garbage, refuse matters, and manure therefrom, and for maintaining the cleanliness of vehicles and
receptacles used for conveyance of carcasses or meat: (20) For prohibiting the carriage or delivery of meat in open
vehicles : (21) For regulating or prohibiting the hawking of meat in the
metropolitan abattoirs area, or in any part thereof : (22) For prohibiting the carriage of meat with other goods : (23) For providing for the keeping of books recording the num
ber of each kind of stock daily slaughtered and the brands and other particulars the Board may consider necessary:
The Metropolitan Abattoirs Act.—1908.
and markets for stock, for the cleansing, occupying, and
concern or relate to such abattoirs and markets :
ceedings at the meetings of the Board and its committees.
82. Any regulation may impose any penalty not exceeding Limit of penalties. Twenty Pounds for the breach or non-observance of the same or of any regulation, or in the case of a continuing breach, not exceeding Two Pounds for each day that the breach is continued.
83. All regulations made under this Act shall be subject to the Regulations to be approval of the Central Board of Health and the confirmation of the contirmed by Governor, and when confirmed by the Governor shall be published in the Government Gazette, and shall thenceforth have the force and effect of law.
84. The Government Gazette containing any such regulations Gazette evidence of shall be conclusive evidence of the due making thereof.
regulations. Health Act, 1898,
85. (1) A person desiring to dispute the validity of a regulation Regulations unchalmay apply to the Supreme Court, upon affidavit, for a rule calling lengeable unless upon
the Mayor to show cause why such regulation should not be ce. Act 945, 1907 quashed, either wholly or in part, for the illegality thereof.
(2) The said Court may make absolute or discharge the said rule, with or without costs.
(3) All regulations, unless and until so quashed, shall have the same effect as if enacted in this Act.
(4) No regulation shall be challenged or disputed in any other
Part ix. MISCELLANEOUS. 86. Every person commits an offence against this Act who Definition of directly or indirectly, by himself, his servant, or agent-
(1) Does anything declared by this Act to be unlawful:
imposed by this Act:
other officer of the Board, or any member of the police
87. (1) The
The Metropolitan Abattoirs Act.–1908.
87. (1) The penalties referred to at the foot of any of the sections or subsections indicate that the contravention of the section or subsection, whether by act or omission, shall be an offence against this Act, punishable upon conviction by a penalty not exceeding the sum mentioned, and where there is no specified penalty for an offence against this Act, then, in case of such offence, the offender shall be liable, upon conviction, to a penalty of not exceeding Twenty-five Pounds.
(2) The minimum penalty for any offence against this Act shall be one-tenth of the maximum penalty for such offence, and in no case shall section 25 or 32 of “ The Justices Procedure Amend. ment Act, 1883-4,” apply or be brought into operation in any way
in any proceedings under this Act or any regulation hereunder. In proceedings for 88. Whenever in any proceedings for a penalty in respect of any penalties knowledge offence against this Act knowledge on the part of the defendant must trary proved. be shown, such knowledge shall be presumed until the contrary is
29 of 1883-1.
Recovery of charges.
89. If default be made by any person in the payment of any N.Z., No. 38, 1900, fees, dues, tolls, or charges, the Board, or any person authorised by 8. 18 (6).
the Board, or the secretary, or any inspector in his own name, may, at any time after such default, recover the same by action in any Court of competent jurisdiction or by complaint before any Court of summary jurisdiction, or by distress upon any property at the abattoirs or the markets for stock respectively belonging to the defaulter in like manner as in the case of rent in arrear.
Abattoirs to continue under provisions of Health Act.
90. The abattoirs shall, subject to this Act, be under the provisions of “ The Health Act, 1898."
Hearing of com
91. All complaints and informations shall be heard and deterplaints and informa- mined in a summary way before a Special Magistrate or any two or
more Justices, and all penalties when recovered shall be paid over to the Board.
Legal proceedings, in
92. All complaints, informations, and legal proceedings may
be preferred, prosecuted, or defended in the name of the Board, or of the secretary, or of any inspector employed by the Board.
93. All proceedings shall be instituted by the authority of the Board or the secretary. Every such authority may be either general or particular, and may be proved by the production of any writing purporting to be under the hand of the secretary.
94. It shall not be necessary in any legal proceedings to prove the existence or constitution of the Board or the appointment of the secretary, or of any inspector or officer of the Board, or any member of the police force, or any special or district constable, and a certificate under the hand of the secretary or the oath of any