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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: 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: For maintaining the cleanliness of the abattoirs and ot 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:

(24) For

Part vu.

The Metropolitan Abattoirs Act.—1908.
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(24) For the general regulation and management of the abattoirs

and markets for stock, for the cleansing, occupying, and
using the same, or any parts thereof, for ordering and
governing the persons appointed at such abattoirs and
markets, and all other persons, coming and resorting
thereto, the tolls, dues, and fees to be received thereat, the
maintenance of good order therein, and all matters which

concern or relate to such abattoirs and markets :
(25) For ordering and regulating the mode and conduct of pro-

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. 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.

Health Act, 1898,

sec. 154. 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


Cf. Act 945, 1907 quashed, either wholly or in part, for the illegality thereof.

8. 141. (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 manner.


Part Ix. MISCELLANEOUS. 86. Every person commits an offence against this Act who Definition of

“offence." directly or indirectly, by himself, his servant, or agent --

(1) Does anything declared by this Act to be unlawful:
(2) Fails to faithfully perform or observe any duty or obligation

imposed by this Act:
Prevents, obstructs, or hinders any employé, inspector, or

other officer of the Board, or any member of the police
force, or any special or district constable in the exercise of
any power or function conferred by this Act.

87. (1) The

The Metropolitan Abattoirs Act.—1908.

Parr ix.


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 Amendment Act, 1883-4," apply or be brought into operation in any way in any proceedings under this Act or any regulation hereunder.

29 of 1883-4.

In proceedings for 88. Whenever in any proceedings for a penalty in respect of any

owledge offence against this Act knowledge on the part of the defendant must presumed until contrary proved. be shown, such knowledge shall be presumed until the contrary is


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.” visions of "The He.

Hearing of com

91. All complaints and informations shall be heard and deterplaints and infərma- mined in a summary way before a Special Magistrate or any two or tions.

more Justices, and all penalties when recovered shall be paid over S.A. Health Act, 1898, secs. 156-7. to the Board.

Legal proceedings, in
whose name.
Ibid., s. 158.

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.

Ibid., s. 159.

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.

Ibid., s. 160.

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 in.


The Metropolitan Abattoirs Act.—1908.

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spector or officer shall be sufficient evidence of the boundaries of the metropolitan abattoirs area until the contrary be proved, and any Proclamation or notice thereof in the Government Gazette shall, unless shown to have been repealed, be conclusive evidence.

95. ('opies of or extracts from any book sealed with the seal of Contents of books the Board and certified by the secretary to be true copies of or

ho tremonies of or may be proved by

certified copies. extracts from such book, shall be received as sufficient evidence in

Cf. Act 913, 1906, all Courts and before all Justices and tribunals of the contents of s. 101. such book, or of so much thereof as such extracts contain.

96. Any notice, summons, writ, or legal process whatsoever, Service of notices, civil or criminal, may be served upon the Board, or upon any of the etc., upon the Board. constituent Corporations and Councils, by leaving the same at the Ibid, s. 111. principal office of the Board, Corporation, or Council with some officer or servant of the Board, Corporation, or Council.

97. (1) Every notice by this Act required to be given by or to Service of notices. the Board shall be in writing, and signed by some duly authorised Ibid, s. 112. person; and such notice shall be deemed to have been duly given if left at the office or principal office of the Board, authority, or person to whom the same is intended to be given, or the last known place of abode in South Australia of such person, or if posted in a prepaid registered letter, addressed to the Board, authority, or person, at its or his office or principal office, or at the last known place of abode in South Australia of such person.

(2) If such notice is so posted, it shall be deemed to have been Time of service. given at the last moment of the day on which the same ought to be delivered at such office, or principal office, or such place of abode, in the ordinary course of post.

98. Whenever it is necessary, on the hearing of any informa. Proof of service. tion for any offence against the provisions of this Act, or against Ibid, 8. 113. any regulation hereunder, to prove service of any notice, an affidavit of the service of such notice, sworn before a Commissioner for taking affidavits in the Supreme Court, or a declaration of such service made before a Justice of the Peace shall be sufficient proof of such service.


99. Every order, summons, notice, or other such documeni Authentication of requiring to be authenticated by the Board, or by any of the con- cert stituent Corporations and Councils, may, except when otherwise Ibid. s. 114. provided, be sufficiently authenticated without the common seal of the Board, Corporation, or Council if signed by a member of the Board in the one case, or by two Councillors or the Town Clerk or District Clerk in the other.

100. There shall be an appeal from any decision of any Special Appeals. Magistrate or Justices to the Local Court of Adelaide of Full Ibid, s. 162. Jurisdiction.

101. Such

The Metropolitan Abattoirs Act.—1908.

Part 1x.
Procedure on ap-
Ibid, c. 163.
Ibid, s. 164.

101. Such appeal shall be regulated by Ordinance No. 6 of 1850, and “ The Justices Procedure Amendment Act, 1883-4, or any other Acts consolidating or amending the same.

102. Such Local Court may make any order as to costs as it shall think fit.

Case for opinion of

103. Such Local Court may state a special case for the opinion of

Supreme Court.

the Supreme Court.

Ibid, s. 165.

Procedure on special case. Ibid., sec. 166.

104. The Supreme Court shall deal with such special case according to the practice of the Supreme Court on special cases, and may make any order as to the costs of the proceedings in the Courts below.

In the name and on behalf of His Majesty, I hereby assent to this Bill.



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