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The Metropolitan Abattoirs Act.—1908.
Application of Act.
Clauses Act, 1870-71,” “ The District Councils Act, 1887," “ The Municipal Corporations Act, 1890,” “ The Health Act, 1898," or any Act amending any of the said Acts, this Act shall be administered by the Board, and so far as the said Acts or any of them are inconsistent with this Act, the provisions of this Act shall prevail.
APPLICATION OF ACT. 6. (1) The provisions of this Act shall extend to and have full force and effect within the metropolitan abattoirs area.
(2) The Municipalities of the Cities of Adelaide and Unley and of ihe Towns of Hindmarsh, Kensington and Norwood, St. Peters and Thebarton, and the Districts of Burnside, Payneham, Prospect, Walkerville, and West Torrens, and so much of the District of Mitcham as is mentioned in section 3, and such other Municipalities and Districts, or such part thereof respectively as may be defined in any Proclamation under Part VII. of this Act, shall constitute the metropolitan abattoirs area.
Metropolitan abattoirs area.
Extension of area.
7. The limits of the metropolitan abattoirs area may be extended by Proclamation under Part VII. of this Act.
Act not to apply to 8. Nothing in this Act shall apply to bacon not derived from bacon brought into the abattoirs area. swine slaughtered in the metropolitan abattoirs area, but which is Victoria, 1652, sec. 5. brought into the metropolitan abattoirs area from any place outside
In this section “ bacon ” means dried, smoked, or salted flesh of swine.
Duty of Board.
THE METROPOLITAN ABATTOIRS BOARD. 9. There shall be a Board, to be called “ The Metropolitan Abattoirs Board,” which shall be charged with the execution of this Act.
Chairman and constitution of Board.
10. (1) The Board shall consist of
(a) The Mayor, who shall be ex officio Chairman, and
years. None of such representative members need be
1. The Council of the Corporation of the City of Adelaide:
sington and Norwood and St. Peters: iv. The Councils of the Corporations of the Towns of Hind
marsh and Thebarton, and the District Council of West Torrens:
The Metropolitan Abattoirs Act.—1908.
v. The District Councils of Burnside and Mitcham :
PART 11. vi. The District Councils of Prospect, Walkerville, and
Payneham : Provided that the Governor may, by Proclamation, at any time after Representation on
be altered. twelve months from the passing of this Act, alter, increase, or diminish the number of representative members, and the representation of the constituent Corporations and Councils, and may rearrange the groups of constituent Corporations and Councils for the purpose of appointing representative members of the Board. Such Board shall be a body corporate, and shall have perpetual Perpetual succession
and common seal. succession and a common seal.
(2) The Board by its corporate name may purchase, take, receive, accept, hold, acquire, and possess lands, tenements, and hereditaments (in fee simple or for any term of years or otherwise) and goods and chattels, and may grant, sell, convey, transfer, demise, assign, or otherwise dispose of the same, and may arbitrate or sue, implead, and answer and be sued, impleaded, and answered in all Courts and before all Judges, Magistrates, and arbitrators whomsoever, in all actions, pleas, suits, disputes, causes, and matters whatsoever, and do and exercise all such further acts and powers as may be done and exercised by virtue of the incorporation, and as are by this Act authorised to be done and exercised.
(3) All Courts, Judges, and persons acting judicially shall take judicial notice of such seal when affixed to any instrument, and shall presume that the same was properly affixed thereto.
11. Each member of the Board shall be paid out of the funds of Members of Board to the Board by way of remuneration for his services the sum of One be remunerated. Pound for each meeting of the Board he attends: Provided that no member shall be paid by the Board more than Fifty-two Pounds in any one year.
12. The appointment of any member of a Municipal or District Appointment of Council as a member of the Board shall not disqualify such member member of Council as from continuing a member of such Council, anything to the to disqualify him as a contrary contained in any Act of Parliament notwithstanding.
13. The Town Clerk of the Corporation of the City of Adelaide, Secretary and or the person for the time being appointed to perform his duties in treasurer. consequence of his death, absence, or any lawful impediment, is hereby appointed the secretary and treasurer of the Board during the period of five years from the passing of this Act, and shall during that period be responsible to the Board for the general management of the abattoirs and markets: Provided that the Board may at any time remove such secretary and treasurer and any of his successors in office if in its opinion he becomes incapable or unfit to hold or continue in office, or if he is convicted of any offence punishable by imprisonment.
14. (1) Immediately
The Metropolitan Abattoirs Act.--1908. PART II. Appointment of 14. (1) Immediately after the passing of this Act, and before the members to represent first day of March, one thousand nine hundred and nine, and again Adelaide and Unley. before the second day of March in every second year thereafter, the
Councils of the Corporations of the Cities of Adelaide and Unley, and of such other Corporations and Districts as by Proclamation are entitled to separate representation on the Board, shall each appoint a person to be a member of the Board, and so often as the person so appointed shall from any cause whatsoever cease to be a member of the Board, the Council by whom he was appointed shall
, within twenty-one days thereafter, appoint a person to fill the vacancy. Notice of every such appointment shall be forthwith given by the Town Clerk or District Clerk of the appointing Council to the Mayor, who shall, as soon as practicable, give notice of such
appointment in the Government Gazette. Mayor may appoint (2) If either of the said Councils shall neglect or refuse to if Council makes default.
make such appointment within the time aforesaid, the Mayor may appoint a person to be a member of the Board, and the person so appointed shall hold office in all respects as if he had been regularly
appointed by the defaulting Council. Nominations.
(3) immediately after the passing of this Act, and before the first day of January, one thousand nine hundred and nine, and again before the second day of January in every second year thereafter, nominations of candidates willing to act as representatives on the Board of the respective groups of joint constituent Corporations and Councils named in section 10 (subsections il., IV., V., and vi.), or in any Proclamation under that section, shall be made by such Corpo
rations and Councils to the Mayor. Voting and election. 15. (1) The names of persons so nominated shall be forwarded to
each Corporation and Council of the group concerned, who shall, before the first day of March following, each vote for a representative from persons so nominated, and advise the Mayor of their vote. If any one or more of the joint constituent Corporations or Councils shall neglect to nominate or join in nominating a candidate, or to vote or to advise the Mayor of their vote by the time aforesaid, such neglect shall not invalidate any election. .
(2) In the month of March following every election, and as soon as practicable after each extraordinary election, the Mayor shall, by notice in the Government Gazette, declare from the votes before him the names of the persons elected, and such notice shall be conclusive evidence of such election.
(3) When the seat of any elective member has become vacant from any cause whatever other than by effluxion of time, such vacancy shall be filled up by an extraordinary election of a new member, to hold office only for the unexpired portion of the term of his predecessor. On the happening of the vacancy the Mayor shall notify the joint constituent Corporations and Councils concerned, and fix a date not less than three weeks thereafter for such Corporations and Councils to advise him of their votes. The mode of nomination and voting in the case of an extraordinary election shall be the same as nearly as circumstances will admit as in an ordinary election.
The Metropolitan Abattoirs Act.-1908.
PART II. (4) In the case of equality of votes among the joint constitnent Corporations and Councils, the Mayor shall have a casting vote. (5) If any of the said groups of joint constituent Corporations Mayor in certain
cases may appoint. and Councils shall neglect or refuse to exercise the rights of nomination and election in manner and within the time hereinbefore
provided, the Mayor may appoint a person to be a member of the Board to represent such group of joint Corporations and Councils in default, and the person so appointed shall hold office in all respects as if he had been regularly nominated and elected
pursuant to the provisions herein before contained. (6) The seat of a representative member shall become vacant on- Vacancies, how (a) The death, lunacy, or insolvency of the member, or the
execution by the member of a statutory deed of assign-
the Board without leave of the Board.
(7) Notice of every appointment made by the Mayor in pursuance of any of the provisions hereinbefore contained shall be given by him in the Government Gazette as soon as practicable.
16. The representative members shall hold office until notification Term of office. of the appointment or election of their successors, and on the expiration of their terms of office shall be eligible for re-appointment or re-election,
17. A quorum shall consist of any four members. If the ex-officio Quorum. chairman be not present within five minutes after the time for which any meeting shall have been convened, or if, having been present, he retires, the members present may, by the votes of the majority, elect any member present to be chairman for that meeting, or until the ex-officio chairman arrives, or during his absence, and such chairman, while so acting, shall have and exercise the powers of the Chairman to have a ex-officio chairman. Every chairman shall have a deliberative vote, casting vote. and also a casting vote.
18. (1) The Board shall meet for the dispatch of business in the Meetings of Board. council chamber, Town Hall, Adelaide, or elsewhere, at such times, not being less than once in every six weeks, as the Board shall from time to time determine. The chairman, in case of emergency, may call a meeting of the Board, and a special meeting shall be held at any time on requisition in writing signed by not less than three members of the Board delivered to the secretary.
The Metropolitan Abattoirs Act.–1908.
PART 11. Notice of meetings to be given.
(2) Three days' notice of any ordinary meeting and previous notice of any special or emergency meeting, signed by the secretary, shall be sent to each member of the Board before the time appointed for such meeting; and such notice shall in all cases of special or emergency meetings state the time, place, and business of such meeting.
(3) The Board may, from time to time, appoint a committee or committees of its members, and may delegate to any such committee such of its powers and duties under this Act as it shall think fit.
Power to appoint committees.
Defects in appoint- 19. No Act or proceeding of the Board shall be invalidated or proceedings of Board. illegal in consequence only of the number of the members of the
Board not being complete at the time of such act or proceeding, and all acts or proceedings of the Board shall, notwithstanding the subsequent discovery of any defect in the appointment or election of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such person had been duly appointed or elected and was qualified to be and to act and vote as a member of the Board, and as if the Board had been fully constituted.
Board shall receive fees, penalties, &c.
20. The Board shall receive and recover all fees, dues, and charges, prescribed or otherwise, payable under this Act or under any regulations made in pursuance of the powers herein contained, and the receipt of the secretary or other person duly authorised by the Board in this behalf shall be a sufficient discharge for the same, and all penalties under this Act and the regulations shall, when recovered, be paid over to the Board.
Officers may be appointed.
21. The Board may appoint such superintendents, inspectors, and other officers and servants (not being members of the Board) as they shall deem necessary for enabling the Board to carry into execution the various powers and duties vested in or imposed on it by virtue of this Act, and all persons appointed by the Board shall hold their offices only during the pleasure of the Board.
22. The Board may pay to the secretary and treasurer (whether appointed by this Act or by the Board) and to every person appointed or employed by the Board such allowance, salary, wages, or professional fees as shall seem reasonable or proper, and may pay the premiums on the fidelity and workmen's compensation insurance policies of its officers and servants.
Payment of salaries.
Travelling expenses may be paid.
23. The Board may pay the travelling expenses of members of the Board or of its officers and servants when engaged on the special business of the Board.
Remuneration for information.
24. The Board may remunerate any person giving information of the commission of any offence under this Act to the Board or any of its officers, and may agree with any informer to pay him not more than Twenty-five Pounds per centum of the fine recovered from any
convicted of an offence under this Act upon information given to the Board by such informer.